UNITED STATES

OF AMERICA

Concessional Uecorcl

;

PROCEEDINGS AND DEBATES OF THE 87^* CONGRESS

FIRST SESSION

VOLUME 107— PART 1

JANUARY 3, 1961. TO JANUARY 26, 1961
(PAGES 1 TO 1356)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1961

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ConartsslDnal Uecorfl

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<2^ America PROCEEDINGS AND DEBATES OF THE Oy CONGRESS, FIRST SESSION

SENAII

Tuesday, January 3, 1961

The 3d of January being the day
pre&crlbed by the Constitution of the
United States for the annual meeting of
Congress, the 1st session of the 87th
Congress commenced this day.

The Senate assembled in its Chamber
at the Capitol.

RICHARD M. NIXON, of California,
Vice President of the United States,
called the Senate to order at 12 o'clock
m^idlan.

The Chaplain. Rev. Frederick Brown
Harris. D.D.. of the city of Washington,
offered the following prayer:

God of our fathers. Thou only art our
strength and our hope, our shelter from
the stormy blast of these tumultuous
dajrs, and our eternal home.

In this first moment of a new convoca-
tion in this fonun of a people's will, with
contrite hearts seeking Thy guidance we
would write at the top of the record be-
gun this day "In the beginning. Ood."

As we come to this hour, we are con-
scious of a cloud of witnesses out of
heroic yesterdays who look down up<xi
us from the sacred spaces beneath the
white dome of this national temple of
governance, as. on this day of begin-
nings, the ancient vow is uttered, "So
help me God." To that solemn affirma-
tion may there echo in the heart of every
legislator the sound of a great "Am^i."

May those who, in this day of destiny,
sit in the exalted seats of this historic
Chamber think, without confusion,
clearly and speak always with due cau-
tion and humility, with a sense of their
high calling, knowing that their words
are not their own, but that they wing
their way to hopeful and also to hostile
ears that listen in all the earth.

So. in a volcanic day, with the earth
aflame, when the precious things we
hold nearest our hearts are threatoied
by sinister forces without pity or con-
science, grant lliy benediction as these
dedicated servants of the Republic turn
now to the momentous matters awaiting
them^ with the solemn realization that:

We are watchers of a beacon

Whose light must never die.
We are guardians of an altar

That shows Thee ever nigh.

We are children of Thy free men

Who sleep beneath the sod.
For the might of Thy arm we bless Thee,

Our God, oiu: fathers' God.

In the dear Redeemer's name, we ask
it. Amen.

cvn 1

DEATH OF SENATOR HENNINGS

Mr. SYMINGTON. Mr. President, I
regret to announce the death of the sen-
ior Senator from Missouri, Hon. Thomas
C. Henkings, Jr., on September 13, at his
home in Washington.

Later in the day I expect to present a
resolution for a memorial service for
Senator Hxitnings.

DEATH OP SENATOR-EIjECT
THOMSON

Mr. McGEE. Mr. President, I regret
to announce the death of Senator-elect
Keith Thokson, of Wyoming. He died
on the 9th of December, of a heart at-
tack, rather soon after his election to
the Senate.

Later during the deliberations of the
day, I plan to introduce a formal reso-
lution in commemoration of Senator-
elect Keith Thomson.

CREDENTIALS— APPOINTMENT AND
ELECTION CERTIFICATES

The VICE PRESIDENT. The Chair
lays before the Senate certain appoint-
ment and election certificates to fill va-
cancies and for regular terms, which ap-
pear to be in proper form. Without ob-
jection, after they have been announced
by the Chair, they may be printed in the
Record without being read. They are
as follows:

Certificates (rf appointment .and election
of EowAKo V. LoMO, oi Missouri, to flU the
vacancy caused by the death of Senator
Hknkimgs.

Certificates of election of Mrs. Maurhtx
Neubzxgeb. of Oregon, for both short and
long terms.

Communication from tonoer Senator
Kennedy, of Massachusetts, enclosing a copy
of his resignation sent to the Oovemor at
that State.

Certificate of appointment of Bxkjamix A.
Smith II to fill the vacancy caused by the
resignation of Senator Kennedy.

Certificate of the i^polntment tA J. J.
HicKKT, of V^yomlng, to fill the vacancy in
the term beginning at noon today.

Without objection, they may be
printed in the Record without being
read. The Chair hears no objection.

CXKTinCATX OF Affointicent
To the PsssiDENT or thx Senats or thx
UKrnm States :
This is to certify that, piirsuant to the
power vested in me by the Constitution of
the United States and the laws of the State
of Missouri, I. James T. Blair, Jr., the Oov-
emor of said State, do hereby aj»point Ed-
WA>D V. Long a Senator from said State to
represent said State in the Semute of the
United States untU the vacancf therein,
caused by the death of Thomas C. HMtnanoB,
Jr.. is filled by electlton u provided by law.

Witness: His Excellency, our Oovemor
James T. Blair, Jr.,^~ai^ our seal hereto
affixed at Jefferson City, MOv, this 23d day of
September, in the year of ovir Lord; 1960.

J. T. BiJiix. Jr.,

Governor.
By the Governor :
Attest:
[SEAL] Robert W. CaAwroan,

Secretary of State.

CBnmcATx or EXbction

Executive Omcx.
State cv Missotnu,
Jefferson City.
To Honorable Felton M. Johnston,
Secretary. V.S. Senate,
Washington, D.C.

Six: I, James T. Blair, Jr., Oovemor of the
State of Missoiu^, hereby certify that at a
special election held in the State of Mis-
souri on the 8th day of November 1960. as
provided by law. to fill the vacancy caused
by the death of the Honorable Thomas p.
HXNNTHGS, Je., the following-named person
was elected to the office named, as shown
by the returns of the election certified to me
by Hon. Robert W. Crawford, secretary <rf
state of the State of Missouri:
• Senator In Congress, Bdwaxd V. Lokq,
Clarksville, Mo.

In witness whereof, I hereunto subscribe
my name and cause the great seal of the
State of Missouri to be affixed at the city
of Jefferson, State of Missouri, this 20th day
of December AJ). 1960.

J. T. BLAn, Jr.,

Governor.

Attest:

Robert W. Crawtorb.
Secretary of State.

CxxnncATX or &.acTiON
To the Prbsidsrt or the Bohatk or

Untted States:
This is to certify that on the 8th day of
November 1960, Mattrine B. Neubxeoeb was
duly chosen by the qualified electors of the
State of Oregon a Senator from said State
to represent said State in the Senate of the
United States for the imexpired term ending
January 2, 1961, occasioned by the death of
Hon. Richard L. Neuberger.

Witness His Excellency our Oovemor Mark
O. Hatfield, and our seal hereto affixed at
Salem, Greg., this Ist day of December 1960.
Mark O. Hatfield,

Governor.
By the Governor:
[SEAL] Howell Afpumo, Jr.,

Secretary of State.

CERflTiCATE or ELECTION

To the President or the Sbmate or the
Unttb) States:

This is to certify that on the 8th day of
November I960, Maurine B. Nextberoer was
duly chosen by the qualified electors of the
State of Oregon a Senator from said State
to represent said State in the Senate of the
United States for a term of 6 years, begin-
ning on the 3d day of January 1961.

Witness His Excellency our Oovemco- Mark
O. Hatfield, and our seal hereto afltzed at

4

CONGRESSIONAL RECORD — SENATE

January 3

I

Salem, Oreg., the Ist day of December. In
the year of our Lord 1960.

IiCaRK O. HATFODiO,

Oovemor.
By the Governor: -•■^-i

I SEAL] HOWSLL ApPLINO, Jf.,

Secretary of State.

Wltneae His Excellency our Governor.
Steve McNlchols. and our seal hereto affixed
at Denver, Oolo.. thU 14th day of December.
In the year of ovir Lord 1940.
By the Governor

Snvs McNicBOLS,

Oovernor.

V.8. Sbnatc,
Waahmgton. B.C., December 22. 1960.
Hon. RicHAKO M. Nixon,
The Vice President.
Waahington. D.C.

Dkas lia. Vies PRxsn>XNT: I am enclosing a
copy of a letter which I am today forwarding
to the Honorable Foster Purcolo, Governor of
the Conunonwealth of Massachusetts.
Sincerely.

John F. Kennedy.

DcdsMBKB 22, 1960.
Hon. Foster FtntcoLO,

ttovernor. Commonwealth of Massachusetts.
Boston, Mass.

Dkak GovERNoa : I herewith resign my seat
In the United States Senate as of this date.
Sincerely,

John F. ICennedt.

The Commonwealth or

llfABSACHVSETTS,

Executive Department,
Statehouse, Boston, December 27, 1960.
TKLtqn M. Johnston,
Secretary of the Senate.
Senate Office Building,
Wcuhington. D.C.

Dear Mr. Johnston : This is to certify that
pursuant to the power vested in me by the
Constitution of the United States and the
laws of the Commonwealth of Massachusetts,
I have appointed Benjamin A. Smith II of
Gloucester in said Commonwealth a Senator
from said Commonwealth to represent said
Commonwealth In the Senate of the United
States until the vacancy therein, caused by
the resignation of John F. Kennedy, is filed
by election as provided by law.

I enclose a certified copy of the appoint-
ment, the original commission of which has
been given in hand to the said Senator.'
Very truly yours.

Foster Furcolo,

Governor.

Tto the President or the Senate or the
United States : ,

This is to certify that, piirsuant to the
power vested in me by the Constitution of
the United States and the laws of the State
of Wyoming. I. Jack R. Gage, the Acting
Governor of said State, do hereby appoint
J. J. "Joe" Hickey a Senator from said State
to represent said State in the Senate of the
United States for a term commencing at
12:00 noon January 3. 1961 and ending at
12:00 noon January 3. 1963. to fill the vacancy
occurring in that office for said period.

Witness His Excellency our Acting Gover-
nor Jack R. Gage, and our seal thereto affixed
at Cheyenne. Wyo., this 2d day of January
in the year of our Lord 1961.

Thomas C. Bogus.
Deputy Secretary of State.

By the Governor :

(sxAi.] Jack R. Gaob,

Acting Governor.

Attest:

The State or Colorado,

Executive Chambers,
Denver, Colo.. December 14, 1960.
TO the President or the Senate or the

United States,
Washington, D.C.

Dear Sir: This Is to certify that on the
8th day of November 1960. GtoROON Allott
was duly chosen by the qualified electors of
the State of Colorado a Senator from said
State to represent said State in the Senate
oS the United States for the term of 6 years,
beginning on the 3d day of January 1961.

Georoe J. Baker,

Secretary of State.
[BBAL] By F. J. Seratini,

Deputy Secretary of State.

State or New Mexico

To the President or the Senate or the
United States :

This is to certify that on the 8th day of
November 1960, Clinton P. Anderson was
duly chosen by the qualified electors of the
State of New Mexico a Senator from said
State to represent said State in the Senate
of the United States for the term of 6 years,
beginning on the 3d day of January 1961.

Witness His Excellency, our Governor, Jo^n
Burroughs, and our seal hereto affixed at
Santa Fe. this 28th day of November, in the
year of our Lord, 1960.

John Burroughs,

Governor.

By the Governor:
«|8EAL| J. C. COMPTOK,

Chi^f Justice of New Mexico.
I Bbttt Fiobina,

. Secretary of State.

* State or Alaska, '

OmcE or the Goverwor,

Juneau.
To the President or the Senate of the
UNrrED States :
This Is to certify that on the 8th day of
November 1960. E. L. Bartlett was duly
chosen by the qualified electors of the State
of Alaska a Senator from said State to repre-
sent said State in the Senate of the United
States for the term of 6 years, beginning on
the 3d day of January 1961.

Witness His Excellency, otir Governor. Wil-
liam A. Sgan, and our seal hereto affixed at
Juneau, Alaska, this 26th day of November,
in the year of our Lord 1960.
By the Governor :

William A. Eoan,

Governor.
[SEAL] Hugh J. Wade,

Secretary of State.

State or Delaware,
ExECimvE Department,

Dooer.
To the President or the Senate or the
United States:
This is to certify that on the 8th^day of
November 1960, J. Caleb Boogs was duly
chosen by the qualified electors of the State
of Delaware a Senat<»' from the said State
to represent the said State in the Senate
of the United Stotes for the term of 6
years, beginning on the 3d day of January
1961.

Witness: His Excellency otur Governor,
J. Caleb Booos, and our seal hereto affixed
at Dover, this 5th day of December, in the
year of our Lord 1960.

J. Caleb Booos.

Governor.
By the Governor :
(SEAL) George J. ScHULZ,

Secretary of State.

The State or New Hampshixb,

Executive Departmewt.
To the President or the Senate or the
United States:
This Is to certify that on the 8th day of
November 1960. Styles Bridges was duly
chosen by the qualified electors of the State
of New Hampshire a Senator from said
State to represent said State in the Senate
of the United States for the term of 6 years,
beginning on the 3d of January 1961.

Witness: HU Excellency our Governor,
Wesley Powell, and our seal hereto affixed
at Concord, this 30th day of November. In the

year of our lAxd 1960.

Wesley Pow«ll,

Governor.

By the Governor, with advice of the

council :

[SEAL] Robert L. Stark,

Acting Secretary of State.

State or New JnsxT
To the President or the Senate or the
UNrrED State*:
This is to certify that on the 8th day of
November 1960. CLirroRD P. Case was duly
chosen by the qualified electors of the State
of New Jersey a Senator from said State to
represent said Stote in the Senate of the
United States for the term of 6 years, begin-
ning on the 3d day of January 1061.

Witness: His Excellency our Governor.
Robert B. Meyner, and our seal hereto affixed
at Trenton, this 6th day of December. In the
year of our Lord 1960.

Robert B. Meyner.

Oot>«mor.

By the Governor :

I SEAL J Edward J. Patteh,

Secretary of State.

Office or the Goveewor.
Frankfort. Ky.. December 16, 1960.
Mr. Frlton M. Johnston,
Secretary of U.S. Senate.
Washington, D.C.

Dear Mr. Johnston: Pursuant to your re-
quest, we are glad to furnish you with the
following certificates of election oT the VS.
Senator from Kentucky for a full 6-year
term as a result of the election held Novem-
ber 8, 1960:

"TV> the President or the Senate o^ the
UNrrED States:
"This Is to certify that on the 8th day of
November 1960. John SHsaMAN Coopb was
duly chosen by the qualified electors of the
State of Kentucky a Senator from said State
to represent said State in the Senate of the
United States for the term of 6 yeftrs, begin-
ning on the 3d day of January 1061.

"Witness: His Excellency our Governor.
Bert Thomas Combe, and our seal hereto
affixed at Frankfort, Ky., this 16th day of
December, In the year of our Lord 1060."

Bert Combs.
Governor, Commonwealth of Kentucky.
By the Governor :

I SEAL I Henry Carter,

Secretary of State. Commonwealth of
Kentucky.

To the President of the Senate or the
United States :
This Is to certify that on the 8th day of
November 1960. Carl T. Curtis was duly cho-
sen by the qualified electors of the State of
Nebraska a Senator from said State to repre-
sent said State in the Senate of the United
States for the term of 6 years, beginning on
the 3d day of January 1961.

Witness: His Excellency our Governor,
Dwight W. Bumey, and our seal hereto
affixed at Lincoln, this 28th day of Nqvember,
in the year of our Lord 1960.

Dwight W. Burnby,

Governor.
By the Governor:
(SEAL) Frank Marsh,

Secretary of State.

State of Illinois

To the President or the Senate or the
United States:
This is to certify that on the 8th day of
November 1960, Paul H. Douglas was duly
chosen by the qualified electors of the State
of nunols, a Senator from said State, to rep-
resent said State In the Senate of the United
States for the term of 6 years, beginning on
the 3d day ot January 1961.

1961

CONGRESSIONAL RECORD r- SEN ATE

witness: His Kxcelleucy our Gov. William
O. Stratton, and our seal hereto affixed at
Springfield this 10th day of December, In
the year of our Lord 1060.

William G, Stratton,

Governor.
By theOoTemor:
[seal] Charles P. Caxpkmtieb,

Secretary of State.

State or Idaho,
Dvastment or State.
To the President of the Senate of the
United States :
This is to cenify that on the 8th day of
November 1960, Henry Dworshak was duly
chosen by the qualified electors of the State
of Idaho, a Senator from said State to rep-
resent said State in the Senate of the United
States for the term of 6 years, beginning on
the 3d day of January 1961.

Witness: His Excellency our Governor,
Robert E. Smyllr, and our seal hereto afllxed
at Boise, this 27 th day of December. In the
year of our Lord 1900.

In testimony whereof, I have hereunto set
my hand and caused to be affixed the great
■eal of the State of Idaho. Done at Boise,
the capital of Idaho, thU 27th day of No-
vember, in the year of our Lord 1960, and
of the Independence of the United States of
America, the 186th.

Robeet S. Smtlxb.

Oovemor.
By the Governor :
(SEAL] Arnold Willums,

Secretary of State.

State or Mississippi,
Executive Department,

Jackson.
To the pRBSisiarr of the Senate of the
United Statbe :
This Is to certify that on the 8th day of
November 1960, James O. Eastland was duly
Chosen by the qualified electors of the State
of Mississippi s Senator from said State to
represent said State in the Senate of the
United States for the term of 6 years, begin-
ning on the 3d day of January 1961 .

Witness: His Excellency our Governor,
Ross R. Bamett, and our seal hereto affixed
at Jackson, MUis.. this 2d day of December.
. In the year of our Lord 1960.

Ross R. Barnett.

Oovemor.
By the Governor:

[■EAL] HbBER LaDNER,

Secretary of State.

Statb of Louisiana,
CxxcunvE Department.
To the President of the Senate or the
United States:
This Is to C(!rtlfy that on the 8th day of
November 1960. Allen Jr" E;.lender was duly
chosen by the qualified electors of the State
of Louisiana a Senator from said State to
reiM-esent said State In the Senate of the
United States for the term of 6 years, begin-
ning on the 3d day of January 1961.

Witness: His Excellency, our Governor,
Jlmmle H. Davis, and our seal hereto affixed,
at Baton Rouge, this aoth day of November,
In the year of our Lord, 1960.

JzmciE H. Dabks,

Oovemor.
By the Governor :
(SEAL] Wade O. Martin, Jr.,

Secretary of State.

Unttbo States of Ambbica,

State of Minnesota,
Department or State.
Hon. ORvnxE L. Freeman,
Governor of the State of Minnesota:

I, Joseph L. Donovan, secretary of state of
the State of Minnesota, and chairman of the
State canvassing board, do hereby certify:

That on the 22d day of November 1960.
there was duly constituted and convened.

according to law, a State canvassing board
to canvass the election returns of the votes
cast at the general election of November 8.
1960, In the State of Minnesota;

That said State canvassing board, so con-
stituted and convened, tabulated and sum-
marized the certified copies of election re-
turns made by the 87 county canvassing
boards; and

That said State canvassing boai-d duly de-
clared that Hubert H. Humphrey was chosen
by the qualified electors of the State of
Minnesota a Senator from said State to rep-
resent said State in the Senate of the United
States for the term of 6 years, beginning on
the 3d day of January 1961.

In witness whereof, I have heretmto set
my hand, and have caused the great seal
of the State of Minnesota to be hereunto
afllxed. at the capitol In St. PatUt this 22(1 day
of November AD. 1960.

(seal] Joseph L. Donovan.

Secretary of State.

To the Prbsioent or the Senate of the
United States :

This is to certify that on the 8th day of
November 1960. Lyndon B. Johnson was
duly chosen by the qualified electors of the
Stat^ of Texas a Senator from stiid State to
represent said State in the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Govenunr of
Texas, and our seal hereto affixed at Atistln,
Tex., this 25th day of November, in the year
of our Lord 1960.

Price Daniel,
Governor of Texas.

By the Governor :

(SEAL] ZOLLIB STBAKLET,

Secretary of State.

State or North Carolina,

Governor's Office.

Raleigh.
To the President of the Senate of the
United States:
This is to certify that on the 8th day of
November 1960, B. Everett Jordan was duly
chosen by the qualified electors of the State
of North Carolina a Senator from said State
to represent said State in the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Governor,
Luther H. Hodges, and our seal hereto
affixed at Raleigh, this 22d day c^ December,
Ic the year of our Lord 1960.

Luther H. Hodges,
Gkwemor of North Carolina.
By the Governor :
(SEAL] Trad Sure,

Secretary of State.

To the President of the Senate of the
United States :
This Lb to certify that on the 8th day of
November 1960, Ebtbs Kefauver was duly
chosen by the qualified electors of the State
of Tennessee a Senator from said State to
represent said State in the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Governor,
Buford Ellington, and ouraecU hereto afllxed
at Nashville, Tenn., thlv'SSth day of Novem-
ber In the year of our Iiord 1960.

Buford Elunoton.

Oovemor.
By the Governor :
(SEAL] Job C. Cabe.

Secretary of State.

State of Oklahoma.
Executive Chambers.
Oklahoma City. November 30. 1960.
To the President of thb Sbmatb or the
Unttbd States:
llils Is to certify that on the 8th day of
November 1960, Robebt S. Kerr was duly

chosen by the qualified electors c>f the State
of Oklahoma a Senator from said State to
represent said State in the Senate of the
United States for a term of 6 years, beginning
on the 3d day of January 1961.

Witness: His Excellency our Governor. J.
Howard Edmondson, and our seal hereto af-
fixed at Oklahoma City, this 30th day of
November in the year of our Lord 1960.
J. Howard Edmondson,

» Governor.

By the Oovernor:
[SEAL] William N. Christian,

Secretary of SUUe.

State of Arkansas,
'. Executive Di3>abtment. -
Pboclamation
To the President of the Senate <»r the
Unitbd States:
This Is to certify that on the 8th day of
Novembo- 1960, John L. McClellan was duly
chosen by the qualified electors of the State
of Arkansas a Senator from said State to
represent said State in the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Governor, Or-
val E. Faubus, and our seal hereto afllxed at
Little Rock, this 8th day of December, In
the year of our Lord 1960.

Oeval E. Faubus.

Oovernor.
By the Governor:
[SEAL] C. G. Hall.

Secretary of Stfjte.

State of Michigah ■
To the President of the Senate op the

United States:
This Is to certify that on the 8th day of
November 1960, Patrick V. McNamara was
duly chosen by the qualified electors of the
State of Michigan a Senatcn* from said State
to rei»-esent said State in the Senate of ttt
United States for the term at 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Governor. G.
Mennen Williams, and our seal hereto affixed
at Lansing. Mich., this 20th day of December,
In the year of our Lord, 1960.

O. MxNNEN Williams,

Governor.
By the Governor:
[seal] James M. Habb,

Secretary of State.

The State of Montana,

Executive Chambers.
To the President of the Senate of the
United States:
Tills Is to certify that on the 8th day of
November 1060, Lee Metcalf was duly chosen
by the qualified electCH-s of the State of
Montana a Senator from this State to rep-
resent the State of Montana in the Senate
of the Unit«i States for the term of 6 years,
beginning on the 3d day of January 1961.

Witness: His Excellency our Governor, J.
Hugo Aronson. and our seal hereto affixed at
Helena, this 12th day of December, In the
year of our Lord 1960.

J. Hugo Aronson,

Oovernor.
By the OovemcM-:
[seal] Trank Murbat,

Secretary of State.

State of Iowa,
Executive Department.

December 13, 1960.
Tb the Prssident of the Senate of the
United States:
This is to certify that on the 8th day of
November 1960, Jack Mn.i.ER was duly chosen
by the qualified electors of the State of Iowa
a Senator from said State to represent said
State In the Senate of the United States f<x
the term of 6 years, beginning on the 3d day
of January 1961.

^

CONGRESSIONAL RECORD — SENATE

Janwiry S

1961

CONGRESSIONAL RECORD — SEN ATE

witness: His Excellency, our Ooremor,
Henchel O. Loveless, and our seal hereto
mfllxed at Dee Moines, Iowa, this 13th day
of December, In the year of our Lord 1900.

HKKSCHKL C LOVKr,KSS.

Governor,
By the Governor:
Attest:
(SEAL] Mklvdi D. Stkhobst,

Secretary of State.

Stats of South DAXcrrA
CBtnncATX o» Eubction
To the PiESiDBNT of th« S«nat« o» th«
UNrrxD Statks:

This Is to certify that on the 8th day of
November 1960. Karl E. Mundt was duly
chosen by the qualified electors of the State
of South Dakota a Senator from said State
to represent said State In the Senate of the
United States for the term of 6 years, begin-
ning on the 3d day of January 1961.

Witness: His Excellency, our Governor,
Ralph Herseth. and our seal hereto afOxed
•t Pierre, the capital of said State, this 8th
day of December, In the year of otu: Lord

1980.

Ralph Hsbsttr.

Ootjemor.

By the Governor:
[skal]

Secretary of State.

Stats or Rhodb Island &
Pbovidkncx Plantations,

EXXCXTTTVX Chambib.

Providence.
To the PassrosNT of ths Sinat* of th«
Unitsd Statxs:
This Is to certify that on the 8th day of
November i960. Claiborns dkB. Pxll, of New-
port, was diily chosen by the qualified elec-
tors of the State of Rhode Island and Provi-
dence Plantations, a Senator from said State
to represent said State in the Senate of the
united States for the term of 6 years, begin-
ning on the 3d day of January 1961.

Witness: His Excellency, our Governor,
Christopher Del Sesto and ova seal hereto
ftfflxed at Providence. RJ.. this 19th day of
December, In the year of our Lord 1960.
Christophxb Dkl SasTO,

Oovemor.

By the Governor:

[SKU.] August P. La Fkancs,

Secretary of State.

Th« Stats of Ws»r Vdujinia
Tb the PaxsrosNT of ths Ssnats of ths
Unttsd Statss:
This Is to certify that on the 8th day of
November 1960. J»rNWiNos Randolph, of the
county of Randolph, was duly chosen by the
qualified electors of the State of West Vir-
ginia a Senator from said State to represent
said State In the Senate of the itnlted States
for the term of 6 years, beginning at noon
on the 3d day of January next.

Given under my hand and the great seal
of the said State of West Virginia, this 20th
day of December i960.

Cxcn. H. Underwood,

Governor.

By the Governor:
(sxal]

JoK P. Bxtrdxtt,
Secretary of State.

Commonwealth of, ViRcn»tA
To All to Whom These Presents Shall Come,
Greeting:
This Is to certify that at a meeting of the
State board of elections, held In Its ofllce on
November 28. 1960. on an examination of
the ofllclal abstract of votes on file In that
ofBce It was ascertained and determined that
at the general election held on the first Tues-
day after the first Monday In November 1960.
for JJS. Senator, A. Willis Robsstsow wu
duly elected United States Senator from
Virginia for the term prescribed by law.

Witness the following ofllclal signatures
and the seal of oflBce at Richmond, this 28th

day. of November 1960.

Stats Boaso of ELXcnom,
A. M. Harmaw, Jr.. Chairman.
Lrvn* Nock Davw, Secretary.

CsRTincATs or Election
To the President of the Senate or the
United States :
This Is to certify that on the Sth day of
November 1960, Hon. Richard B. Russell
was duly chosen by the qualified electors of
the State of Georgia as a Senator from said
State to represent said State In the Senate
of the United States for the term of 6 years,
beginning on the 3d day of January, 1961.
Witness: His Excellency our Governor, 8.
Ernest Vandlver, and our seal hereto afllxed
at Atlanta. Ga.. this 28th day of November In
the year of our Lord 1960.

S. Ernest Vandiver,

Governor.

By the Governor:

[seal] Ben W. Fortson, Jr^

Secretary of State.

The Commonwealth of Massachusetts
Tb the Presidbnt of the Senatb of the
United States:

This Is to certify that on the 8th day of
November, 1960, LEVEarrr Saltonstall was
duly chosen by the qualified electors of the
Commonwealth of MassachusetU a Senator
from said Commonwealth to represent said
Commonwealth in the Senate of the United
States for the term of 6 years, beginning
on the 3d day of January 1961.

Witness : His Excellency our Governor, Fos-
ter Purcolo, and our seal hereto affixed at
Boston this 13th day of December In the year
of our Lord 1960.

Foster Furcolo.

Governor.

By the Governor:

[SEAL] Joseph D. Waso.

Secretary of the Commxmwealth.

Stats of Kansas.
BxscuTivs Department.

CSRTinCATE of HS-ECTION

To^ the Prssidxnt or the Senate of the
United States:
This Is to certify that on the 8th day of
November, 1960, Andrew F. Schoeppbl was
duly chosen by the qualified electors of the
State of Kansas a Senator from said State to
represent said State In the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Xscellency our Governor,
George Docking, and our seal hereto afllxed
at Topeka, Kans.. this 8th day of December
In the year of our Lord 1960.

George Docxino,

OorerTior.
By the Governor:
[SEAL] Paul R. Shanahan.

Secretary of State.

State or Maine
To All Who Shall See These Presents, Greet-
ings:
Know ye, that MASOAsn Crass Smith, of

Skowhegan. In the County of Somerset, on
the 8th day of November. In the year of our
Lord 1960. was chosen by the electors of
this State, a U.S. Senator to represent the
State of Maine In the U.S. Senate, for the
term of 6 years, beginning on the 3d day of
January 1961.

In testimony whereof, I have caiised the
seal of State to be hereunto afllxed.

Given under my hand at Augusta, the 28th
day of November In the year of our Lord 1960,
and In the 185th year of the Independence
of the United States of America.

John H. Re0>,

Got>cmor.

[SBAL] Harold I. Ooss,

Mecretary of State.

To the President or the Ssnats of
United States :

This Is to certify that on the 8th day of
November 1960, John Sparkman was duly
chosen by the qualified electors of the State
of Alabama a Senator from said State to
represent said State In the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness: His Excellency our Governor.
John Patterson, and our seal hereto afllxed at
Montgomery, thU 21st day of Novembe?:, In
the year of our Lord 1960.

John Patterson.

OovernoT,

Attest:
[seal]

Bettte Frink,
Secretary of State.

The State or South Carolih*
To the Prebident or the Senate or the
UN rrsD States:
ThU Is to certify that on the 8th day of
November 1960, Strom Thurmond was duly
chosen by the qualified electors of the State
of South Carolina a Senator from said Stata
to represent said State In the Senata of the
United States for the term of 6 years, be-
ginning on the Sd day of January 1961.

Witness: His Excellency our OoTemor,
Ernest F. HolUngs, and our seal hereto afllxed
at Columbia, this 29th day of November, In
the year of our Lord 1960.

Ernest F. HoLLmos.

Governor.
By the Governor :
[SEAL] O. Frank Thornton,

Secretary of State.

CsRTincATs or Blectiom
To the President or the Senatb or ths
Unrbd States :
This Is to certify that on the 8th day of
November 1960, Keith Thomson was duly
chosen by the qiiallfled electors of the State
of Wyoming a Senator from said State to
represent said State In the Senate of the
United States for the term of 6 years, be-
ginning on the 3d day of January 1961.

Witness : Bis Excellency our Oovemor. J. J.
"Joe" Hlckey. and our seal hereto afllxed at
10 ajn., this 2d day of December In the year
of our Lord 1960.

J. J. "Joe" Hicket,

Oooernor.
By the Governor :
[BSAL] Jack R. Gaob,

Secretary of State,

ADMINISTRATION OF OATH

The VICE PRESIDENT. The Sena-
tors to be sworn In will present them-
selves at the desk, in groups of fouur. as
their names are called in alphabetical
order.

The legislative clerk (Edward E. Man-
sur) called the names of Mr. Allott, Mr.
Anderson, Mr. Bartlktt, and Mr. Boccs.

These Senators, escorted by Mr. Car-
roll, Mr. Chavez. Mr. Orukning. and Mr.
Williams of Delaware, respectively, ad-
vanced to the Vice President's desk; the
oath prescribed by law was administered
to them by the Vice President; and they
severally subscribed to the oath in the
official oath book.

The legislative clerk called the names
of Mr. Bridges. Mr. Case of New Jersey,
Mr. Cooper, and Mr. Curtis.

These Senators, escorted by Mr. Cot-
ton, Mr. Williams of New Jersey, Mr.
Morton, and Mr. Hruska, respectively,
advanced to the Vice President's desk;
the oath prescribed by law was adminis-
tered to them by the Vice President; and

I

they severally subscribed to the oath In
the of&cial oath book.

The legislative clerk called the names
of Mr. Douglas, Mr. Dworshak, Mr.
Eastland, and Mr. Eixkndr.

These Senators, escorted by Mr. Dirk-
sen, Mr. Chitrch, Mr. Stennis, and Mr.
Long of Louisiana, respectively, ad-
vanced to the Vice President's desk; the
oath prescribed by law was administered
to them by the Vice President; and they
severally subscribed to the oath in the
official oath book.

The legislative clerk called the names
of Mr. HicKEY. Mr. Humphrey. Mr.
Johnson of Texas, and Mr. Jordan.

These Senators, escorted by Mr. Mc-
Gee, Mr. McCarthy, Mr. Yahborough,
and Mr. Ervih. respectively, advanced to
the Vice Presidents desk; the oath pre-
scribed by law was administered to them
by the Vice President; and they severally
subscribed to the oath in the official oath
book.

The VICE PRESIDENT laid before the
Senate a telegrson, in the nature of a
petition, from Melvln C. Perkins, of
Baltimore. Md., relative to the seating
of J. J. Rickey as a Senator from the
State of Wyoming, which was referred
to the Committee on Rules and Admin-
istration.

The legislative clerk called the names
of Mr. KXTAUVBR, Mr. Kerr, Mr. Long of
Missouri, and Mr. McClellan.

These Senators, escorted by Mr. Oore.
Mr. MoNRONEY, Mr. Symimgtom, and B^.
Hayden. respectively, advanced to the
Vice President's desk; the oath pre-
scribed by law was administered to them
by the Vice President; and they severally
subscribed to the oath in the official oath
book.

The legislative clerk called the names
of Mr. McNamara, Mr. Mbtcalf, Mr.
Miller, and Mr. Mundt.

These Senators, escorted by Mr. Hart,
Mr. Mansfield, Mr. Hickbnlooper, and
Mr. Case of South Dakota, respectively,
advanced to the Vice Presidents desk;
the oath prescribed by law was adminis-
tered to them by the Vice President; and
they severally subscribed to the oath in
the official oath book.

The legislative clerk called the names
of Mrs. Neuberger. Mr. Pell. Mr.
Randolph, and Mr. Robertson.

These Senators, escorted by Mr.
Morse, Mr. Pastore. Mr. Byrd of West
Virginia, and Mr. Byrd of Virginia, re-
spectively, advanced to the Vice Presi-
dent's desk the oath prescribed by law
was administered to them by the Vice
President, and they severally subscribed
to the oath in the official oath book.

The legislative clerk called the names
of Mr. Russell. Mr. Saltonstall, and
Mr. Schoeppel.

These Senators, escorted by Mr.
Talmadck, Mr. Dibksbn. and Mr.
Carlson, respectively, advanced to the
Vice President's desk; the oath pre-
scribed by law was administered to them
by the Vice President, and they severally
subscribed to the oath in the official
oath book.

The legislative clerk called the names
of Mr. SxrrH of Massachusetts. Mrs.
Smith of Maine. Mr. Spaskman. and Mr.
Thurmond. '

These Senators, escorted by Mr.
Saltonstall. Mrs. Neuberger, Mr. Hill.
and Mr. Johnston, respectively, ad-
vanced to the Vice President's desk; the
oath prescribed by law was administered
to them by the Vice President, and they
severally subscribed to the oath in the
official oath book.

Mr. BLAKT.KY. escorted by Mr. Yar-
borough. advanced to the Vice Presi-
dent's desk; the oath prescribed by law
was administered to him by the Vice
President, and he subscribed to the oath
in the official oath book.

M

SENATOR PROM TEXAS

The VICE PRESIDENT. The Chair
will now read communications from Sen-
ator Johnson of Texas which were sent
to the Senate and Governor of Texas:

XJJB. Senate.
OmcB or THE Dbmocsatic Leader,
Washington, DC, December 31, 1960.
The Honorable the Vice PassmsNT ot the

United States.
U.S. Senate,
Washington, D.C.

Dear Ma. Vice President: I enclose a copy
of a letter addressed by me to the Governor
of Texas tendering my' resignation • as XJJS.
Senator from that State for the term be-
ginning at noon Jan\ua7 3, 1961, effective Im-
mediately after I have taken and subscribed
to the required oath In open Senate.
Sincerely yours,

Ltndon B. Johnson.

December 31, 1960.
The Honc»«ble Price Daniel,
Governor of Texas,
Austin, Tex.

Dear Govebnob Daniel: I hereby tender
my resignation as UJ3. Senator from the
State of Texas for the term beginning at
noon January 3. 1961, effective Immediately
after the oath required by the Constitution
and prescribed by law has been taken and
subscribed by me in open Senate as pro-
vided by rule n of ita standing rules.
■» Sincerely yours,

Ltndon B. Johnson.

The VICE PRESIDENT. The Chair
lays before the Senate a communica-
tion and telegram from the Governor of
Texas.

The communications are as follows:

The State of Texas,
KXECxrnvE Depahtment,
Austin, Tex.. December 31, 1960.
Honorable Richard M. Nixon,
Vice President of the United States and
President of the U.S. Senate, Washington,
D.C.
Dear Sib: Ebivlng received notice of resig-
nation from Senator Ltndon B. Johnson
effective after his taking the oath of ofllce on
January 3, 1961, 1 hereby appoint William A.
Blaklxt, of Dallas, Tex., to the ofllce of U.8.
Senator to suceed Senator Johnson upon his
resignation January 3, 1961.
Sincerely yours,

Pricb Daniel,

Governor.

Austin, Tsz., January 3, 1961.
Fxlton M. Johnston,
Secretary of the U.S. Senate,
Washington, D.C:

Confirming my letter of December 31, I
hereby appoint William A. Blaklxt, of
Dallas, Tex., to the office of UJ3. Senator to
succeed Senator Johnson upon his resigna-
tion effective after his taking the oath of
ofllce today. CTertlflcate of appointment

being mailed.

Price Daniel,

Governor.

•Ilie VICE PRESIDENT. The Sen-
ator designate will present himself at the
desk to take the constitutional oath of
<^ce.

CALL OF THE ROLL

Mr. MANSFIELD. Mr. President. I
suggest the absence of a quorum.

The VICE PRESIDENT. The clerk
wUl call the rolL

The legislative clerk called the roll, and
the following Senators answered to their
names:

Aiken

AllOtt

Anderson

Bartlett

Beall

Bennett

Bible

Blakley

Boggs

Bridges

Burdick

Bush

Butler

Byrd. Va.

Byrd, W. Va.

Cannon

Carlson

Carroll

Case, a J.

Case. S. Dak.

Chavez

Church

Clark

Cooper

Cotton

Curtis

Dlrksen

Dodd

Douglas

Dworshak

Eastland

Ellender

Bngle

Srvtn

Fong

Ooldwater

Oore

Omening

Hart

Hartke

Hayden

Hlckenloopn'

HU^ey

Hm

Holland

Hruska

Humphrey

Jackson

Javlte

Johnsten

Jordan

Keating

Kefauver

Kerr

Kuchel

Lausche

Long, Hawaii

Long, La.

Long, Mo.

McCarthy

McClellan

McOee

McNamara

Magnuson

Mansfield

Metcalf

Miller

Monroney

Mocse

Morton
Moss

Mundt

Muskle

Neuberger

Pastore

PeU

Prouty

Prozmlre

Randolph

Robertson

RusseU

Saltonstall

Scboeppel

Scott

Sxnathers

Smith, Mass.

Smith, Maine

Sparkman

Stennis

Symington

Talmadge

Thtinnmul

WUey

Williams, DeL

Williams , N.J.

Tarborough

Young. N Dak.

Young, Ohio

Mr. HUMPHREY. I announce that
the Senator from Arkansas [Mr. PuL-
BRiGHT] is necessarily absent.

Mr. KUCHEL. I annoimce that the
Senator from Indiana [Mr. Capkhaki] is
absent because of illness.

The VICE PRESIDENT. A quorum is
present.

LIST OF SENATORS BY STATES

AZabama.— Lister Hill and John J.
Sparkman.

Alaska.— E. L. Bartlett and Ernest
Gruening.

Arizona. — Carl Hayden and Barry M.
Goldwater.

Arkansas.— John L. McClellan and
J, William Pulbright.

California. — ^Thomas H. Kuchel and
Clair Engle.

Colorado. — Gtordon Allott and John A.
CarroU.

Connecticut, — Prescott Bush and

Thomas J. Dodd.

Delaware. — John J. Williams and J.
Caleb Hoggs.

FZorida.— Spessard L. Holland and
George A. Smathers.

G«orflfia.— Richard B. Russell and
Herman E. Talmadge.

Hawaii. — Hiram L. Fong and Oren E.
Long.

Idaho. — Henry C. Dworshak and Frank
Church.

/Btnow.— Paul H. Douglas and Everett
M. Dirksen.

Indiana. — ^HMner E. Capehart and
R. Vance Hartke.

Jn.nv/nrtJ 3

CCMATi:

8

CONGRESSIONAL RECXDRD — SENATE

January 3

1961

CC^GRESSIONAL RECX)RD — SENATE

9

Joioa.— Bourke B. Hlckenloopcr and
JackMUler.

Kansas.— Andrew P. Schoeppd and
Prank Carlson. ^

Kentucky.— John Sherman Cooper

and Thruston B. Morton.

Louisiana.— Ailen J. EUender and
RxisseU B. Long.

Moine.— Margaret Chase Smith and
Edmimd S. Muskle.

Maryland.— John M. Butler and J.

Glenn Beall. _ ,^ ^ „

Afassacnuctts.— Leverett SaltonstoU

and Benjamin A. Smith n.
Af icTiiaan.— Pat McNamara and Philip

A. Hart.

Minnesota.— Hubert H. Humphrey and

Eugene J. McCarthy.

.MiasMsippi.— James O. EasUand and
John C. Stennls.

Afi«sottrt.— Stuart Symington and Ed-
ward V. Long. s_ _ ^ ,

Montano.— Mike Mansifleld and Lee

Metcalf. ^ .

Nebraska.— noca&n L. Hruska and

Carl T. Curtis.

Netjodo.— Alan Bible and Howard W.

Cannon. , ^ .

New Hampshire.— Styles Bridges and

Norris Cotton.

New Jersey.— Clifford P. Case and
Harrison A. Williams. Jr.

New Mexico.— Dennis Chavez and
Clinton P. Anderson.

New Yorfc.— Jacob K. Javita and
Kenneth B. Keating.

North Carolina. — Sam J. Ervin, Jr.,
and B. Everett Jordan.

North Dakota— MUton R. Young and
Quentin N. Burdick.

Ohio. Prank J. Lausche and Stephen

M.Young. . . o

Oklahoma. — Robert S. Kerr and A. S.

B4ike Monroney.

Oregon.— Wayne Morse and Maurine

B.Neuberger. ^ ^

Pcnnsi/Zrania.— Joseph S. Clark and

H\igh Scott. ,

Rhode Island.— John O. Pastore and

Claiborne deB. Pell.

South Carolina. — Olin D. Johnston and
Strom Thurmond.

South Dakota.— Kul E. Mundt and

Prancis Case.

Tennessee. — Estes Kefauver and Al-
bert Gtore.

Teio*.— Ralph W. Yarborough and
WUliam A. Blakley.

Utah. — Wallace P. Bennett and Prank
p* li^oss.

Vermont.- George D. Aiken and Win-
ston K Prouty.

Vircrinia— Harry Plood Byrd and A.
Willis Robertson.

Washington. — Warren G. Magnuson
and Henry M. Jackson. ,

West Virginia. — Jennings Randolph
and Robert C. Byrd.

WiscoTwin.— Alexander Wiley and Wil-
liam Proxmire.

Wyominflr.— Gale W. McGee and J. J.
"Joe" Hickey.

dent to Join such committee as may be ap-
pointed by tbe HotiBe of Representative* to
wait upon the Preeldent of the United States
and Inform him that a quorum of each Hotise
is assembled and that the Congress Is ready
to receive any communication he may be
pleased to make.

The VICE PRESIDENT. Without ob-
jection, the resolution is agreed to. and
the Chair appoints the Senator from
Montana [Mr. Mawsfuld] and the
Senator from Illinois [Mr. Duiksen] the
members of the committee on behalf of
the Senate. •*''

NOTIPICATION TO THE HOUSE

Mr. DIRKSEN submitted the follow-
ing resolution (S. Res. 2). which was
read, considered by unanimous consent,
and agreed to.

Resolved, That the Secretary Inform the
House of Representatives that a quorum of
the Senate is assembled and that the Senate
is ready to proceed to business.

HOUR OP DAILY MEETING

Mr- HUMPHREY. Mr. President. I
submit a resolution and ask unanimous
consent for its immediate consideration.

The VICE PRESIDENT. The resolu-
tion will be read for the information of
the Senate.

The legislative clerk read the resolu-
tion (S. Res. 3). as foUows:

Resolved. That the hour of daily meeting
of the Senate be 12 o'clock meridian unless
otherwise ordered.

The VICE PRESIDENT. Without ob-
jection, the resolution is agreed to.

NOTIPICATION TO THE PRESIDENT
Mr. MANSPIELD submitted the fol-
lowing resolution (S. Res. 1 ) . which was
read, considered by unanimous consent,
and agreed to, as follows:

Resolved, That a committee consisting of
two Senators be appointed by the Vice Presi-

ASCERTAINMENT OP ELECTORAL
VOTES

Mr. HAYDEN. Mr. President, I sub-
mit a concurrent resolution, and ask
unanimous consent for its immediate
consideration^

The VICE PRESIDENT. The resolu-
tion will be read for the information of
the Senate.

The legislative clerk"read the concur-
rent resolution (S. Con. Res. 1) as
follows:

Resolved by the Senate (the House of Rep-
resentatives cx>ncurring). That the two
Houses of Congress shall meet in the Hall of
the House of Representatives on Friday, the
6th day of January 1961, at 1 o'clock post
meridian, purs\iant to the requirements of
the Ck>nstltution and laws relating to the
election of President and Vice President of
the United States, and the President of the
Senate shall be their Presiding Officer; that
two tellers shall be previously appointed by
the President of the Senate on the part of the
Senate and two by the Speaker on the part
of the House of Representatives, to whom
shall be handed, as they are opened by the
President of the Senate, all the certificates
and papers piuportlng to be certificates of
the electoral votes, which certificates shall
be opened, presented, and acted upon in the
alphabetical order of the States, beginning
with the letter "A", and said tellers, having
then read the same In the presence and hefw-
Ing of the two Houses, shall. make a list of
the votes as they shall appear from the said
certificates; and the votes having been ascer-
tained and counted in the manner and ac-
cording to the rules by law provided, the

remit of the same shall be delivered to the
Preeldent of the Senate, who shall thereupon
announce the state of the vote, which an-
noxincement shall be deemed sufflcient decla-
ration of the persons, if any. elected Presi-
dent and Vice President of the United States,
and. together with a list of the votes, be en-
tered on the Journals of the two Houses.

The VICE PRESIDENT. Without ob-
jection, the concurrent resolution Is
agreed to.

ORDER OP BUSINESS
Mr. MANSPIELD. Mr. President, in
accordance with the established practice,
no bills may be introduced or other
morning business transacted until after
the President has delivered his annual
message. I thought that this subject
should be called to the attention of the
Senate, in view of the fact that it is our
usual practice, and that announcement
of it should be made at this time. I may
say to the distinguished minority leader
that I have no idea as to when the state
of the Union message will be delivered.

Mr. DIRKSEN. I can only speculate,
but I heard that there was a likelihood
that the state of the Union message
would come to us on January 12. How-
ever. I have no authentic information on
that point.

Mr. MANSPIELD. Then I would say
that we had better play this by ear. so
to speak, for the next day or so. because
the 12th of the month is a rather long
way off, and I would not want to hold up
the business of the Senate in the mean-
time. I should like to suggest that the
Senate conduct its business as expedi-
tiously as possible. In that connection. I
would suggest that the chairmen of the
various committees and the committees
give consideration to the possibility of
holding hearings on the nominees of the
President-elect, so that as soon after the
inauguration as it is possible we may
have those nominations brought to the
Senate for debate and consideration, and.
I would hope, approval.

Mr. DIRKSEN. That subject was dis-
cussed this morning. The hope was ex-
pressed that perhaps hearings would not
be held vmtil the beginning of next week,
because during this week we will have a
rather full calendar.

Mr. MANSFIELD. I appreciate that.
I agree with the minority leader. I be-
lieve the suggested procedure will give
the committees plenty of time. I would
hope that beginning Monday of next
week the committees will be able to start
their hearings, so that we will be ready
to consider the nominations as soon after
the Inauguration as possible.

read as

PROPOSED AMENDMENT OP RULES

Mr. ANDERSON. Mr. President, in
accordance with article I. section 5, of
the Constitution, which declares that
each House may determine the rules of
Its proceedings, on behalf of myself and
the Senator from Kentucky [Mr. Moa-
TONl I send to the desk a resolution and
ask that it be read.

The VICE PRESIDENT. The resolu-
tion will be read for the information of
the Senate.

The resolution (S. Rea. 4)
follows:

Resolved, Tliat the third paragn^h of sub-
section 3 of rule XXn of the BUndlng Rules
of the Senate Is amended by strUdng out the
words "two-thirds" and Inserting in Ueu
thereof "three-fifths".

Mr. ANDERSON. I ask unanimous
consent for the immediate consideration
of the resolution.

The VICE PRESIDENT. Is there ob-
jection?

Mr. RUSSELL. I Object.

Mr. ANDERSON. I therefore send to
the desk a motion to amend rule XXH
of the Standing Rules of the Senate, and
ask that It be read. I submit it In be-
half of the Senator from Kentucky [Mr.
MostonI and myself.

The VICE PRESIDENT. The motion
will be stated for the information of the
Senate.

The Chief Clerk read as follows:

rranat or Motion TD Amxmo Rdi.x xxn

In accordance with the provisions of rule
TT. of the Standing Rules of the Senate. I
iMTsby give notice in writing that I shall
hereafter move to amend rule XXII of the
Standing Riiles of the Senate in the foUow-
Ing particulars, nanaely: By striking out the
wocds "two-thirds" In the third paragraph
of subsection 2 of rule XXn and insertliig
In Ueu thereof "three-fliths."

The pvirpose of the proposed amendment
Is: To provide for bringing debate to a close
by three-fifths at the Senators present and
vottag after f uU and fair discussion.

ICr. RUSSELL. Mr. President, I did
not imderstand the reading of the mo-
tion by the clerk. Was that notice given
under rule XL or rule L?

The CiOBrCMHK. Rule XL.

Mr. HUMPHREY. Mr. President, as
I understand, the request of the Senator
from New Mexico [Mr. Akdbrson] for
unanimous consent for consideration of
the resolution for amendment of the
rules was objected to, and that he has
now filed a motion for a rule change.

On behalf of the Senator from Cali-
f(Nmia [Mr. Kuchkl] and myself, and
other Senators who have indicated their
support, I wish to offer for consideration
by the Senate an amendment to secticn
3 of rule XXn of the Senate and ask
that it be read. I shall supply the names
of the other cosponsors of the resolution.

Ilie additional cosponsors are as
foUows: Mr. Aixxn. Mr. Bush. Mr. Case
of New Jersey. Mr. Javits, Mr. Kkatinc.
Mr. Scott. Mr. Bbaix, Mr. Poire, Mr. Sal-
TOHSTAU.. Mr. DoucLAS, Mr. Claik. Mr.
Carsoll, Mr. Proxmzmc. Mr. Williahs of
New Jersey. Mrs. Neubxrgsr. Mr. Haxt,
Mr. DoDD, Mr. Randolph, Mr. McCartht,
Mr. MoRsx, and Mr. Encls.

The VICE PRESIDENT. The amend-
ment will be read for the information of
the Senate.

The amendment was read, as follows:
NoncB or Monok TO Auxm Scnatb Rulk

xxn

In acoordanoe with the provisions of rule
XIi of the Standing Rules of the Senate, we
hereby give XK>tlce in writing that we shall
hereafter move to amend rule XXTI of the
Standing Rules of the Senate by amending
subsection 3 thereof to read as follows:

•*3. If at any time, notwithstanding the
provisions of rule III or rule VI or any other
rule of the Senate, a motion, signed by 16
Senators, to bring to a close the debate upon

any measure, motion, or other matter pend-
ing before the Senate, or the unflnlBhetl
bualneaa, is presented to the Senate pur-
suant to this subsection, the Presiding
Officer shall at once state the motion to the
Senate, and 1 hour after the Senate meets
on the 16th calendar day thereafter (exclu-
sive of Sundays and legal holidays) he shall
lay the mbtlon before the Senate and direct
that the Secretary call the roll, and, upon
the ascertainment that a quonun Is present,
the Presiding Officer shall, without further
debate, submit to the Senate by a yea-and-
nay vote the question:

" Is it the sense of the Senate that the
debate shall be brought to a close?'

"And, if that question shall be decided In
the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
measiu^, motion, or other matter pending
before the Senate, or the unfinished business,
shall be the unfinished business to the exclu-
sion of all other business untU disposed of.

"Thereafter no Senator shaU be entitled
to speak In all more than 1 hour on the
measure, motlcHi, or other matter pending
before the Senate, or the unfinished busi-
ness, the amendments thereto, and motions
affecting the same, and It shaU be the duty
of the Presiding Officer to keep the time of
each Senator who speaks. Except by unani-
mous consent, no amendment shall be In
order after the vote to bring the debate to a
close, unless the same has been presented
and read prior to Uiat time. No dUatory
motion, or dilatory amendment, or amend-
ment not germane shall be in order. Points
of order, including questions of relevancy,
and appeals from the decision of the Presid-
ing Officer, shall be decided without debate."

The purpose of the proposed amendment
Is to provide, in addition to the provisions
tor dosing debate set forth In subsection 2
at rule XXH, that a constitutional majority
of the Senate may vote to close debate 15
calendar days after the presentation of a
motion to close debate signed by 16 mem-
bers, and that thereaftn^ the Senate shaU
come to a vote on the substantive Issues on
which cloture has been voted after each
Senator has had an <:q)portunlty to speak for
an additional hour.

Thomas H. Kcchxz..

V.S. Senator.

HXTBIXT H. HrmPHEET,

U.S. Senator.

Mr. HUMPHREY. Mr. President. I
ask unanimous consent for the imme-
diate consideration of the amendment.

Mr. RUSSELL. Mr. President, I am
sure that it does not come with any great
siuprise to the Senator from Minnesota
for me to say that I object.

Mr. KUCHEL. Mr. President, on be-
half of the Senator from Minnesota [Mr.
Humphrey] and myself, and on behalf
of sundry other Senators, I send to the
desk a notice of a motion, and ask that
it be read for the information of the
Senate.

The VICE PRESIDENT. It will be
read for the information of the Senate.

The notice was read as follows:

Noncz or Motion To Amxnd Csbtaxn Senate
Rttlxs

In accordance with the provisions of rule
XL of the Standing Rules of the Senate, I
hereby give notice In writing that I shaU
hereafter move to amend rule XXH of the
Standing Rules of the Senate In the fcdlow-
ing particulars, namely: ^

Section 3 of rule XXTT of the Standing
Rules of the Senate Is amended to read as
follows:

"8. If at any time, notwithstanding the
provisions of rule ni or rule VI or any other
rule of the Senate, a motion, signed by 16
Senators, to bring to a close the debate upon

any measure, motion, or other matter pend-
ing before the Senate, or tbe unfinished
business. Is presented to the Senate pursu-
ant to this subsection, the Presiding Officer
shall at once state the motion to the Senate,
and 1 hour after the Senate meets on the
15th calendar day thereafter (exclusive at
Sundays and legal hoUdays) . he sUaU lay
the motion before the Senate and direct that
the Secretary call the roll. and. upon the
ascertainment that a quonun is present, the
Presiding Officer shall, without further de-
bate, submit to the Senate by a yea-rvnd-nay
vote the question:

" 'Is it the sense of the Senate that the
debate shall be brought to a close?'

"And if ^at question shall be decided In
the affirniatlve by a majority vote of the
Senators duly chosen and sworn, then said
manure, motion, or other matter pendii\g
bmjre the Senate, or the unfinished busi-
ness, shall be the unfinished btislness to
the exclusion of all other business untU dis-
posed of.

'"Thereafter no Senator shsdl be entitled
to speak In aU more than 1 hour on the
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, the amendments thereto, and motions
affecting the same, and it shall be the duty
of the Presiding Officer to keep the time of
each Senator who speaks. Kxcept by unan-
imoiis consent, no amendment shaU be in
order after the vote to bring the debate to
a close, unless the same has been presented
and read prior to that time. No dilatory
motion, or dilatory amendment, or amend-
ment not gan:iane shaU be in ordo'. Points
of order, including questions of relevancy,
and i4}peals from the decision of the Presid-
ing Officer, shall be decided without debate."

The purpose of the proposed amendment
Is to provide for bringing debate to a close
by a majority of the Senators duly choeen
and sworn after full and fair discussion.

Mr. KUCHEL Mr. President, I recall
with great pride the ctmstitutional (H>in-
ion which the present occupant of the
chair rendered in the last Congress and
prior thereto, in which he stated, as his
opinion to the Senate, that at the be-
ginning of each new Congress the Sen-
ate, by a majority vote, has a constitu-
tional right to determine the rules which
wiU guide it in debate. Do I state the
opinion of the Chair correctly in that
paraphrase?

Mr. RUSSELL. Mr. President, I think
the ruling might more appropriately
come from th^ Chair. I realize that the
distinguished senior Senator from.
California, who is the minority whip,
represents, in part, the State of Cali-
fornia. However, it se«ns to me that
we might imderstand a little better an
offlcial ruling coming from the Presiding
Officer rather than from the distin-
guished Senator from California.

Mr. KUCHEL. Would the distin-
guished occupant of the chair indicate
his views with respect to the right of the
Senate to adopt rules?

The VICE PRESIDENT. The Chair
has Indicated his opinion that at the
beginning of each new Congress a ma-
jority of the Members of the Senate
have the constitutional right to deter-
mine the rules imder which the Senate
will be guided. Once that decision is
made, or once the Senate proceeds to
conduct business imder rules adopted in
previous Congresses, those rules will
then be in effect.

Mr. KUCHEL Mr. President, a par-
liamentary inquiry.

* 1

I

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I

1961

CONGRESSIONAL RECORD — SENATE

11

two Senators be appointed by ttoe Vice Pre«l- cording to the rules oy law proviaea. wie uie ocimuc.

h

10

CONGRESSIONAL RECX)RD — SENATE

January 3

1961

CONGRESSIONAL RECX)RD — SENATE

11

»

The VICE PRESIDENT. The Senator
from California will state it.

Mr. KUCHEL. la the notice of mo-
tion which the Senator from Minnesota
[Mr. HxmPHwnr] and I, and other Sen-
ators, have Just had read for the in-
formation of the Senate available for a
vote on the next legislative day by a
majority of Senators?

The VICE PRESIDENT. The Senator
would have a right to submit the resolu-
tion pursuant to the notice which the
Senator has given.

Mr. KUCHEL. Then, if the notice
were read, as it has been read, and if
the resolution contained in that notice
were before the Senate tomorrow, do
I imderstand the distinguished occupant
of the chair to say that by a majority
vote the resolution might be adopted in
the Senate?

The VICE PRESIDENT. That would
be the ruling the Chair would make.

Mr. JAVrrS. Mr. President, will the
Senator jrleld for a parliamentary in-
quiry?

~ the

The VICE PRESIDENT. The Chair
would point out that the distinguished
former majority leader of the Senate al-
ways exercised that right. Does the Sen-
ator from Georgia deeire to change that
procedure?

Mr. RUSSELL. Yes. I do not think
that if we have fallen into error, as the
Chair has done previously on many oc-
casions, we should persist In those errors
from day to day.

The VICE PRESIDENT. Docs the
Senator believe that another rule should
apply to the Republican side of the aisle
than applies to the Democratic side?

Mr. RU8SELL. No, I do not. If any
Republican ever raised the issue that a
Senator cannot farm out the floor for the
purpose of permitting other Senators to
ask questions exclusively on one side of
the aisle, the Chair should have sustained
the point of order, if he had been fulfill-
ing my notion of the rules of the Senate.

Mr. DIRKSEN. Mr. President, a par-
liamentary inquiry.

The VICE PRESIDENT. The Senator
from niinols will state it.

The VICE PRESIDENT. Does uic^ Mr. DIRKSEN. Two Independent mo
Senator from CaUfomia yield the floor 7*^ ^,^„^ y^^^^ t^^^„ a,^ under rule XL

Mr. KUCHEL. I yield to the Senator
from New York.

Mr. JAVITS. Notice having been
given to the Senate under the rule, does
that, within what the Chair has Just
said, mean that the Senate Is prevented
thereby from proceeding under the Con-
stitution tomorrow, according to the
Chair's ruling? Or — and this is my par-
liamentary mqulry — is it not a fact that
the Senate may proceed tomorrow, not-
withstanding the Invocation o#rule XL.
tmder the Constitution of the United
States, to deal with the resolution, on
which notice has Just been given both
by the Senator from New Mexico [Mr.
Andirson] and by the Senator from
Minnesota [Mr. Humphrey ] and the
Senator from California (Mr. KuchklI.
rather than under the rules of the Sen-
ate?

The VICE PRESIDENT. That would
be the Chair's ruling.

Mr. CASE of South Dakota. Mr.
President, will the Senator from Cali-
fornia yield for a parliamentary in-
quiry?

Mr. KUCHEL. I yield for a parlia-
mentary ruling.

Mr. CASE of South Dakota. Since
the Vice President's ruling, to which at-
tention has been called, referred to the
beginning of the session, would it make
any difference, or would the right to
consider these presented rule changes be
lost, if the Senate were to adjourn to-
night, or must the Senate recess In order
to preserve the beginning of the session?

The VICE PRESIDENT. The Chair
woiild rule that the Senate would have
to recess rather than adjourn to preserve
the right to invoke the procedure de-
scribed by the Senator from New York.

Mr. DIRKSEN. Mr. President, will
the Senator from California yield?

Mr. KUCHEL. I yield.

Mr. RUSSELL. Mr. President, I must
insist that we follow the regular order.
I know of no rule by which, without
unanimous consent, Senators can farm
out the floor.

tions have been filed under rule XL.
Do they enjoy a status of priority, by
virtue of the fact that the Anderson mo-
tion was flled flrst; or is it a question
of recognition when they are called up?

The VICE PRESIDENT. Priority
generally is determined by whichever
Senator gets recognition when the mo-
tions are called up.

Mr. DIRKSEN. So the fact that one
motion was offered prior to another does
not give it any preferred status when the
matter is finally considered?

The VICE PRESIDENT. It does not.

The Chair may say to the Senator
from Georgia [Mr. Russell) that the
Chair obviously will enforce the rules to
the letter when a Senator requests that
that be done. However, as the Senator
knows, over a period of time a custom has
been established under which the ma-
jority leader or any other ssenator can.
If there Is no objection, hold the floor
and yield It to other Senators, as the
Senator from California [Mr. KuchblI
has done.

Mr. RUSSELL. I realize that If no
objection Is Interposed, that Is the case.
However. I have interposed objection.

The VICE PRESIDENT. The Senator
from Georgia does object?

Mr. RUSSET J. Yes. I object to a
Senator holding the floor and yielding
it exclusively to Senators on one side of
t^hp o ifiip

Mr. KUCHEL. Mr. President. I de-
sire to understand the opmion of the
Chair completely. Is it the opinion of
the Chair that if the Senate were to ad-
journ today and go over to a new legis-
lative day tomorrow, a majority of Sen-
ators would not have the right to change
the rules pursuant to the constitutional
provision involved?

The VICE PRESIDENT. That would
be the Chair's opinion imless the pro-
visions of rule XL were complied with.

Mr. KUCHEL. Then I should like to
ask the distinguished majority leader
whether we might obtain from him an
expression of his judgment in the matter.
Does he contemplate making a motion
to have the Senate recess tonight, so

that we would have our rights preserved
to us, or does he contemplate making a
motion to have the Senate adjourn?

Mr. MANSFIELD. It would be my
hope that we would not take up any of
these measures today, but that we would
be able to recess until 12 o'clock noon
tomorrow. I can only speak personally.
However, I hope that that desire will
meet with the approval of my colleagues.
Mr. KUCHEL. I thank the able ma-
jority leader.

Mr. RUSSELL rose.

The VICE PRESIDENT. Does the
Senator frwn Georgia desire the floor?
Mr. RUSSELL. Mr. President. I want
to make certain that I understand the
ruling of the Chair, assisted by the Sen-
ator from California, with respect to this
matter.

I understood the Vice President to say
that if we had taken any proceedings
under the rules as they obtained at the
beginning of the session, he would hold
that the rules had been applied, and
therefore we would have to proceed in
the manner prescrit)ed in the rules to
change them. Was my hearing faulty?
I am asking the Official Reporters to
have that statement transcribed Im-
mediately.

The VICE PRESIDENT. The Chair
thinks the Senator from Georgia has
correctly stated the opinion of the Chair.
Mr. RUSSELL. What interpretation
does the Chair place on the fact that the
Senator from New Mexico (Mr. Anon-
soNl requested consent to file a motion
under rule XL. and did file It imder
rule XL, and sought further proceed-
ings thereon, imder rule XL; but ob-
jecUon was raised? The Chair was
aware of that fact, was he not?

The VICE PRESIDENT. The Chair
was aware of that fact.

Mr. RUSSELL. Will not the Chair
consider that proceedings under the rules
of the Senate?

The VICE PRESIDENT. The ruling
of the Chair is that any rule adopted In
a previous Senate which would Inhibit the
right of a majority of the Members of
the Senate in a new Congress to adopt
its rules Is not applicable. And. as the
Chair has made his ruling previously,
the Chair would hold that in this In-
stance the fUlng of the motion under
rule XL. as the Senator has mdlcated
he would desire to proceed, is proper;
but that any section of the rules, other
than rule XL. which would Inhibit the
right of a majority of the Members of
the Senate to determine its rules, would
not be applicable.

Mr. RUSSELL. Mr. President, is the
Chair aware of any rule that requires
larger than a majority vote at any time
to change the rules of the Senate?

The VICE PRESIDENT. The Chair's
opinion has been, he thinks, quite clearly
stated in that respect. The Chair stated
that at the beginning of a new Congress
a majority of the Members of the Senate
can, either by positive action or by
waiver of the right to take such action
proceed to adopt Its rules; but if the
Senate proceeds, without objection, un-
der rules previously adopted, to the con-
duct of business, it is the Chair's opinion
that then the rules adopted in previous

!

Congresses will apply to the Congress In
which this Senate Is sitting.

On the other hand, if at Ihe beginning
of a Congress, before other business Is
transacted, a majority of the Members
of the Senate desire to change the rules
under which the Senate has been operat-
ing, it Is the opinion of the Chair that
the majority rule will apply.

Mr. RUSSELL. Mr. President. I must
confess that I am a trifle lost, because
under the rules of the Senate, as I have
always understood them and as • they
have been applied during the 28 years I
have been here, only a majority vote is
required in order to change the nUes
at any time; that Is all that is required —
a majority vote, at any time, to change
the rules of the Senate.

But now the Chair Is stating that if
we engage in some proceeding under a
rule that relates to a change of the rules,
that Is not applying the rules: but that
If we engage in a proceeding imder some
rule which does not relate to the rules,
then we are regulated by the old rules.

Let me ask the Chair whether he has
given any attention to the provisions of
paragraph 2 of rule XXXII, which was
adopted by the Senate no later than Jan-
uary 12. 1959?

The VICE PRESIDENT. The Chair is
aware of that provision.

Mr. RUSSELL. Let me ask. Mr. Presi-
dmt, that the clerk read that provision;
it Is to be found on page 43 of the Stand-
ing Rules of the Senate.

The VICE PRESIDENT. Without ob-
jection, the provision will be read by the
clerk.

The legislative clerk read as follows:

Rule XXXII. secUon 2 :

The rules ot the Senate shall continue
from one Congress to the next Congress un-
leu they are changed as provided in these
rules.

Mr. RUSSELL. Does the Chair hold
that that provision is unconstitutional?

The VICE PRESIDENT. The Chair
does.

' Mr. RUSSELL. The Chair rules that
that is imconstitutional?

The VICE PRESIDENT. If the Chair
may complete his opinion: As the Chair
pointed out in his advisory opinion dur-
ing a previous session of the Senate, any
provision of the rules adopted by the
Members of the Senate in one Congress
cannot, in hl£ opinion, inhibit the con-
stitutional right of a majority of the
Members of the Senate in any new Con-
gress to adopt their rules by majority
vote.

As the Senator from Georgia has prop-
erly pointed out. only a majority vote is
required to change the rules. If the Sen-
ate reaches the point of voting.

What the Chair held as. in his opinion,
imconstitutional was the attempt of the
Senate in a previous Congress to inhibit
the right of the Senate in a practical
sense to get to the point where it could
adopt rules by majority vote.

Mr. RUSSELL. So tlie rule which the
Chair thinks unconstitutional in the
body of the Senate rules Is the one to be
found in rule XXH?

The VICE PRESIDENT. The Senator
from Georgia is correct.

Mr. RUSSELL. The rest of them the
Chair deems to be constitutional?

Mr. CASS of South Dakota. Mr.
President, will the Senator from Georgia
yield to me. for a brief question?

The VICE PRESIDENT. First, let the
Chair answer the question which has
been asked by the Senator from Georgia.

The Chair has held that in his opinion
the Senate does not have a right in any
one Congress to adopt any rule which
would restrict the right of a majority
of the Members of the Senate to adopt
its rules at the beginning of a new Con-
gress. In the Chair's opinion, the sec-
tion of rule XXU which bears the name
of the Senator from Georgia — the Russell
amendment — would so restrict that right.

Mr. RUSSELL. Oh. Mr. President, the
Russell amendment has long been extin-
guished; it was wiped out years ago. I
say with profound regret, for I think the
Senate made a mistake.

Mr. CASE of South Dakota. Mr.
President, will the Senator from Georgia
yield to me. for a question?

Mr. RUSSELL. Just a minute, please ;
I wish to protect my rights here.

Of course, Mr. President, the Chair
would not hold at a subsequent time, if
this matter were then presented con-
cretely with respect to a matter pending
before the Senate, that the Senator from
Georgia had waived his right of appeal
by not entering an appeal at this time,
would he?

The VICE PRESIDENT. No; the Chair
would not under any circumstances deny
the right of the Senator from Georgia to
appeal from the ruling of the Chair.

Mr. RUSSELL. We are now discuss-
ing the matter In the abstract, rather
than In the concrete; and the Chair
would not rule that it would be uncon-
stitutional, later, for the Senator from
Georgia to enter an appeal when the
matter was presented to the Senate?

The VICE PRESIDENT. The Chair
would actually expect an appeal to be
made from the ruling of the Chair In
this Instance, because, as the Chair has
pointed out. what has been referred to
as the ruling of the Chair was not a
ruling; it was an advisory opinion made
following a parliamentary inquiry, as the
Chair recalls, proposed by the Senator
from Minnesota LMr. Humphrky].

Mr. RUSSELL. I think the Chair's
recollection is completely correct about
that; it was an advisory opinion, and I
do not believe the Chair actually passed
on the matter at all at that time.

The VICE PRESIDENT. The Senator
from Georgia is correct.

Mr. RUSSET J. And there is no
necessity for the Chair to pass on it now.
However, I do not desire to waive any
right I have, because under rule XL it
is not absolutely essential that we pass
on it now.

Now I am glad to yield to the Senator
from South Dakota.

Mr. CASE of South Dakota. Mr.
President, I address my question to the
distinguished Senator from Georgia.
Tlie Vice President, in his advisory
opinion, has stated that, in his opinion,
the Senate has the constitutional right
at the beginning of a new Congress to
determine what its rules shall be. Does
the Senator from Georgia think that the
Vice President could rule in any other
way on the constitutionality of rule

XXXn? In ^ect. would the Senator
from Georgia imply that the Vice Presi-
dent would rule that a Senate rule could
amend the Constitution?

Mr. RUSSELL. Oh. no; I did not
mean to imply that. But. as the Sena-
tor from South Dakota well knows, there
has been before the Seante the issue of
whether the Senate is a continuing body;
and the distinguished occupant of the
Chair has very fairly and frankly stated
on a number of occasions that this was
his view, but that if the Senate expressed
another view, the Senate would be com-
pletely within its rights, although con-
trary to the view of the Vice President.

I raised the question for the reason
that there has previously been before the
Senate the issue of whether the Senate
is a continmng body. I did not expect
the Vice President to express his view
as to the constitutionality of any of the
rules, unless It was done in the light
of the determination that the Senate is
a continuing body. That determination
was had by majority vote. I believe, only
2 years ago. That was subsequent to
the time when the Chair made his ruling
and we discussed it. That is the reason
why I raised the question.

Mr. CLARK, Mr. JAVITS. and Other
Senators addressed the Chair.

Mr. RUSSELL. Mr. President

The VICE PRESIDENT. Will the
Senator from Georgia allow the Chair
to comment on his statement, since, as
the Senator from Georgia has properly
pointed out, we are trying to keep the
record straight as to the ruling the
Chair has made or the opinions the
Chair has rendered.

Mr. RUSSELL. Certainly.

The VICE PRESIDENT. The Chair
in his advisory opinion did hold that the
Senate was a continuing body and that
the rules of the Senate did continue ex-
cept for any rule adopted by the Senate
which, in the opinion of the Chair, would
inhibit the constitutional right of a ma-
jority of the Members of the Senate to
change its rules or adopt new rules at
the beginning of a new session of the
Senate. This was the basis of the Chair's
advisory opinion. The Chair's opinion
was not that it was not a continuing
body and that it began with no rules at
all at the beginning of a new Congress.
It is the opinion of the Chair that, at the
beginning of each new session of Con-
gress, the Senate doer operate under and
begins its business with the rules adopted
in previous sessions of the Senate; but
the Chair holds that any provision of the
rules previously adopted which would re-
strict what the Chair considers to be the
constitutional right of the majority of
the Members of the Senate to change the
Senate's rules, or to adopt new rules,
would not be applicable.

Mr. RUSSELL. I am very happy for
the Chah- to make that statement. I did
not Intend to misquote the Chair.

The VICE PRESIDENT. I am sure the
Senator did not.

Mr. RUSSELL. I have not read the
advisory opinion of the Chair for some
time. I must confess I subjected It to
rather detailed study at the time it was
made. I believe it was made in 1957.

The VICE PRESIDENT. 1967.

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r

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CONGRESSIONAL RECORD — SENATE

13

Mr. RUSSELL. My memory of It was
much better then than it is now, but I
studied it carefully at that time. Many
things have occurred since then. We
have had other parliamentary situations
created in the Senate since that time to
which it was necessary that I address
myself.

I do suggest, with all deference to the
Chair, that it is most unusual for the
Chair to select any one rule and say the
Senate is not a continuing body, but then
say another rule can go over with the
other rules to another session of Con-
gress. I will discuss that, perhaps, in
more detail, at a later time. It is a mat-
ter of opinion. I was of the opinion that
the Senate ought to adopt all new rules
or, if we were a continuing body, that all
rules would carry over. While I, of
course, view this with a rather jaundiced
eye, it did seem to be more logical than
for the Vice President, representing the
Executive, to select one rule of the Sen-
ate and hold it unconstitutional and to
hold the other rules constitutional.

Mr. CASE of South Dakota. Mr.
President, will the Senator yield for a
parliamentary inquiry?

Mr. RUSSELL. Yes.

Mr. CASE of South Dakota. Has the
Presiding Officer ruled on the constitu-
Uonality of rule XXXn? Did not the
Chair make a ruling on the constitu-
tionality of the rule. In response to
an interrogatory by the Senator from
Georgia, did not the Chair today express
a ruling on the constitutionality of rule
XXXII?

The VICE PRESIDENT. The Chair
expressed his opinion that the provisions
of rule XXXn which would inhibit the
right of a majority of the Members of
the Senate at the beginning of a new
Congress to change its rules by majority
vote would be unconstitutional.

Mr. CASE of South Dakota. Whether
it was expressed as an opinion or not,
the Senator from South Dakota under-
stood it to be a ruling; but, under the
practice of the Senate, whether a ruling
or whether merely the question was
raised, should not that question be re-
ferred to the Senate at this time as to
its constitutionality?

The VICE PRESIDENT. The ques-
tion as to constitutionality can be re-
ferred to the Senate for decision.

Mr. HUMPHREY. Mr. President, I
believe the discussion of the distin-
guished Senator from Georgia with the
Vice President has been very helpful.
So far as my recollection is concerned,
it is accurate. The Chair is not mak-
ing a formal ruling on these particular
matters of procedure relating to the rules
of the Senate. The Chair has laid down
an advisory opinion, as he did in 1957.
relating to the rules of the Senate, and
as he is doing today, relating to that
part of section 32 which reads as fol-
lows:

The rules of the Senate shall continue
from one Congress to the next Congress un-
less they are changed as provided in these
rules.

As I understand, the only way we can
have a decision reached on rule XXXn
is for the Chair to make a ruling on a
parliamentary inquiry or on a point of

order, and then place it before the Sen-
ate, on motion of a Senator, to deter-
mine whether or not the niling of the
Chair is sustained. Is that correct?

The VICE PRESIDENT. The Senator
is correct.

Mr. HUMPHREY. So that we may
understand the parliamentary sltution
for tomorrow, if the majority leader
would, as he has indicated, move to re-
cess, rather than to adjourn, would it be
the situation that if the distinguished
Senator from New Mexico gains recog-
nition, under his motion of notice to
bring up a^ change in the rules, that
motion for a change in the rules would
be in order tomorrow, would be subject
to debate, and coiild be resolved either
by motion to table or the previous ques-
tion?

The VICE PRESIDENT. That would
be the Chair's opinion.

Mr. RUSSELL. Mr. President, did
the Chair rule the previous question
could be applied on something brought
up under rule XL of the Senate?

The VICE PRESIDENT. That would
be the Chair's ruling, because, in the
Chair's opinion, the right of a majority
of the Members of the Senate to adopt
its rules in the beginning of a session
would include thr right to bring the
matter to a vote by moving the prevlotis
question.

Mr. RUSSELL. Would the previous
question niling be under Robert's Rules
of Order?

The VICE PRESIDENT. Will the
Senator repeat the question?

Mr. RUSSELL. Would the previous-
question motion be guided by Robert's
Rules of Order?

The VICE PRESIDENT. In the
opinion of the Chair, Robert's Rules of
Order woulc*. be applicable to the extent
that they might apply, but also having
in mind the previous procedures of the
Senate.

Mr. RUSSELL. I thank the Chair,
because Robert's Rules of Order provide
for a two-thirds vote in moving the pre-
vioxis question.

Mr. HUMPHREY. Mr. President, if I
may continue the intCTrogation. in re-
sponse to what has Just^been said, the
Senator from California 4 Mr. KuchelI
submitted a notice of intetitlon to submit
a resolution to change the rule relating
to what we call a majority of those quali-
fied and having been sworn, referred to
as a constitutional majority. The
senior Senator from Minnesota had
given notice of intention to make a mo-
tion. If the Senate recessed, as it has
been indicated it would do, would the
motion of the Senator from Minnesota
be In order as a substitute for the motion
of the Senator from New Mexico, pro-
viding the Senator from New Mexico ob-
tained the floor first?

The VICE PRESIDENT. The motion
of the Senator from Minnesota would
not be in order, because it embraces more
propositions than are contained in the
perfecting amendment offered by the
Anderson resolution.

Mr. HUMPHREY. We lay down this
assumption: there is a motion on the
part of the Senator from New Mexico
I Mr. Anderson] to modify, to amend, or

to change rule XXII in substance; name-
ly, that three-fifths of those Senators
present and voting shall be able to apply
cloture rather than two-thirds.

Do I correctly understand that the
Presiding OflQcer is giving us an advisory
opinion to the effect that if the Senator
from Minnesota or any other Senator
should offer an amendment which would
provide, in substance, that a majority of
those Senators qualified and sworn, hav-
ing taken the oath of office, could apply
cloture, it would net be in order?

The VICE PRESIDENT. The per-
fecting amendment would have prece-
dence over the substitute.

Mr. HUMPHREY. Then would it be
possible for the Senator from Minnesota
to offer his motion as a perfecting
amendment to the Anderson motion?

The VICE KIESIDENT. The difB-
culty with that procedure would be that
the Senator would be embracing material
which was not included in the original
Anderson proposal.

Mr. DIRKSEN. Mr. President. wiU
the Senator yield?

Mr. HUMPHREY. I will say. most re-
spectfully, to the Presiding Officer, that
I have never known the day. when a mo-
tion in the first degree was offered as an
amendment to an existing rule or to an
existing bill, when we in the Senate were
denied the opportunity to offer a motion
in the second degree. I hope that we do
not get an advisory opinion which would
deny a Member of the Senate under any
circumtances the right to offer a motion
in the second degree in the nature of a
substitute.

Mr. DIRKSEN. Mr. President, will
the Senator yield?

The VICE PRESIDENT. The proper
way for the Senator to proceed would be
to get action on the perfecting amend-
ment first. Then the Senator could
proceed to get action on his proposal.

Mr. HUMPHREY. What does the
Presiding Officer mean by that? Does
the Presiding Officer call the Anderson
amendment a perfecting amendment?

The VICE PRESIDENT. In the
method in which it is offered, that is cor-
rect.

Mr. HUMPHREY. So what the Pre-
siding Officer is saying is that we would
first vote upon the Anderson amend-
ment as a perfecting amendment. Then,
if the Senator from Minnesota wished
to offer his amendment, he would have
to offer it as a second measure to be
voted on after the Anderson amendment.
Is that what the Presiding Officer is
saying?

The VICE PRESIDENT. Once the
Anderson amendment is disposed of.
then the Senator can offer his amend-
ment as a substitute to the original pro-
position.

Mr. DIRKSEN. Mr. President, will
the Senator yield?

Mr. HUMPHREY. I yield to the dis-
tinguished minority leader.

Mr. DIRKSEN. Mr. President, I have
examined the form and the text of each
of these proposals. The Anderson pro-
posal is a simple resolution to strike out
"two-thirds" and to substitute "three-
fifths." As I look at the form of the
Kuchel- Humphrey proposal, it will be

amendatory of the Anderson proposal
with additional text and additional
changes.

Mr. HUMPHREY. That is correct.

Mr. DIRKSEN. That would not pre-
clude it from first consideration, as I
see it, because it is perfecting.

Mr. HUMPHREY. May I say. most
respectfully, to the minority leader and
to the Vice President, that 2 years ago. I
recall, we had very much this same sit-
uation before us. with the Senator from
New Mexico [Mr. ANBnsoM] being priv-
ileged to have his motion placed before
this body. The then majority leader,
the Senator from Texas [Mr. Johnson],
offered his change in the niles as a sub-
stitute for the Anderson proposal. As
we know, this weis carried.

I think the Senator from Illinois [Mr.
[DnxsKNJ, the minority leader, has sim-
plified this matter and has made it quite
clear that what the Anderson proposal
would do is to change the arithmetic, so
to speak, of rule XXII. and wlwtt the
Kuchel-Humphrey and other cospon-
sors' amendment would do is not only to
change the arithmetic but also to change
the basic substance of rule XXH. and
therefore is an amendment in the nature
of a substitute.

Mr. KUCHEL. Mr. President, will my
colleague yield for a parliamentary in-
quiry?

Mr. HUMPHREY. I yield.

Mr. KUCHEL. Is it possible now to
have the Senate proceed to the consider-
ation of the suggested resolution which
the Senator from Minnesota, and I. and
other Senators have submitted? If so,
Mr. President, in what fashion may a
motion be made to In-ing our proposal be-
for the Senate for debate and action?

Mr. MANSFIELD. Mr. President, be-
fore the question of the distinguished
minority whip is answered, may I invite
to his attention what amounts to a ten-
tative agreement arrived at earlier,
whereby I thought with the approval of
the Senators on this side of the aisle, and
I assumed with the approval of the Sen-
ators on the other side of the aisle, we
would not brins up any of these three
measures today but would recess tonight
and bring them up tomorrow.

Since then I have discovered, from
talldng with the Parliamentarian, that it
would be better to adjourn tonight, and
that the right to bring up those three
measures or any others would be pro-
tected and would not be impinged on in
any way.

I wished to get that clear. I hope the
understanding is that these proposals
will not be brought up today, but will be
broxight up tomorrow.

Mr. KUCHEL. I appreciate what my
friend the able majority leader has to
say.

I trust that the matter can go over un-
til tomorrow. In that connection, if I
may have the permission of my friend,
when the able Vice President made his
ruling in the previous Congress he sug-
gested in part that a majority of the
Members of the Senate of the 87th Con-
gress have power to adopt rules at the
opening of the new Congress.

Woiild the Vice President rule that if
we go over to a new legislative day, we

will still have "the opening of a new Con-
gress" before us. so that we can apply our
rights under the Constitution, which, in
his opinion, we have?

The VICE PRESIDENT. It is the
opinion of the Chair that so long as no
substantive business is imdertaken by
the Senate the opening of the new Con-
gress still is in effect, so that the Senate
would be able to adopt its rules under the
majority procedure which the Chair has
described.

Mr. MANSFIELD. Mr. President, will
the Senator yield?

Mr. KUCHEL. Yes.

Mr. MANSFIELD. In view of the
statement made by the distinguished
Vice President, I shovild like to ask unan-
imous consent that when the Senate
completes its business today it adjourn
to meet tomorrow at 12 o'clock noon,
with the proviso, of course, that all of
these protections are allowed, so that
these bills could be considered.

Mr. RUSSELL. Mr. President, re-
serving the right to object, of course
there is no question that it would be
necessary for the Senate to adjourn to
ever get the Anderson motion before the
Senate, because the rule requires 1 legis-
lative day.

I wish to know about all of these pro-
tective measures, and whether I am
waiving any rights in regard to them.
I have not been keeping up with all of
this side discussion.

Mr. MANSFIELD. Mr. President, will
the Senator yield?

Mr. RUSSELL. Yes.

Mr. MANSFIELD. There really are
no protective measures, exc^t an as-
surance that these measures which have
been introduced today by various Mem-
bers will be considered tomorrow or some
time thereafter. There is the right to
have those measures considered, which
would not be forfeited.

Mr. RUSSELL. Of course, there is no
question, under the rules, on the mat-
ter of adjournment. In order to move
to proceed to take the Anderson resolu-
tion from the table and consider it an
adjournment is required. I should like
to find out exactly what these uncon-
stitutional rules are. I do not know
exactly what protective measures are
involved in the Senator's statement.

Mr. MANSFIELD. The Senator may
recall that, in response to a question
from the senior Senator from California,
I stated that in view of what I thought
was an advisory opinion laid down by
the Presiding Officer we would have to
recess tonight to protect the Senator's
right to have this proposed legislation
considered, but I find since, from talk-
ing with the Parliamentarian, that it
would be more advisable to adjourn. I
wanted to make sure, on the basis of the
agreement we entered into earlier, that
these measures could be considered and
debated on their merits.

Mr. RUSSELL. Mr. President. I sup-
pose it is an admission against interest
for me to suggest that unless the Senate
did adjourn, it would be impossible ever
to proceed to the consideration of the
Anderson proposal, because the rule re-
quires that it lie over 1 legislative day.

and adjournment is required to establish
a legislative day.

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. HUMPHREY. Mr. President, we
have svu'ely had a prolonged procedural
discussion on this subject. I would like
to attempt to simplify the procedure, if I
may. so we can get on with our work.

I understood it was the expressed de-
sire of the majority leader that the Sen-
ate adjourn tonight, and that with ad-
journment no rights would be lost to pro-
ceed tomorrow to the consideration of
amendments, resolutions, or motions re-
lating, in this instance, to the rules of
the Senate. For example, if the Ander-
son proposal were called up for consid-
eration, it would be subject to debate and
there would be no requirement that it
lie over an ettra day. Is my understand-
ing correct?

The VICE PRESIDENT. The Senator
is correct.

Mr. HUMPHREY. Would the same
rule apply to the amendment of Senators
HUMPHKET, KucHEL. and others?

The VICE PRESIDENT. The Senator
is correct.

Mr. HUMPHREY. I understand there
are two procedures that the Senator
from Minnesota and his colleagues might
use. One would be to offer our amend-
ment without any reference to the An-
derson amendment, and to seek recc^-
nition so that we can have it voted upon
first, if we desire to have it voted upon ;
is that correct?

Mr. DIRKSEN. Mr. President, I sug-
gest the absence of a quorum.

The VICE PRESIDENT. The clerk
will call the roU.

The Chief Clerk proceeded to call the
roll.

Mr. MANSFIELD. Mr. President. I
ask unanimous consent that the order
for the quorvun call be rescinded.

The VICE PRESIDENT. Without ob-
jection, it is so ordered.

Mr. KUCHEL. Mr. President, will the
Senator srield for &- parliamentary in-
quiry?

Mr. MANSfTEU). lyleld.

Mr. KUCHEIj. Mr. President, earlier
a notice of motion to amend rule XXn,
made pursuant to rule XL of the present
Standing Rules of the Senate, was read
for the information of the Senate. It
was offered by the Senator from Minne-
sota [Mr. Humphrey] and myself and
other Senators. If we proceed to ad-
journ the Senate tonight, would a motion
be in order by any Senator to make the
proposed resolution the pending busi-
ness tomorrow?

The VICE PRESIDENT. A Senator
could make such a motion, provided there
was not other business before the Sen-
ate which would be In conflict with It.

Mr. KUCHEL. I do not wish to repeat
myself, but if such a motion were made,
in the opinion of the Presiding Offlcw,
would Members of the Senate be draw-
ing on their rights under the Constitu-
tion to consider and debate and then
vote on the., resolution, as the distin-
guished occuptint of the Chair previously
outlined it?

The VICE PRESIDENT. That would
be the Chair's opinion.

i

14

CONGRESSIONAL RECORD — SENATE

January 3

1961

CONGRESSIONAL RECORD — SENATE

15

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14

CONGRESSIONAL RECORD — SENATE

January S

1961

CONGRESSIONAL RECORD — SENATE

15

\

Mr. JAYTTS. Mr. President, wiU the
Senator srield for a parliamentary in-
quiry?

Mr. HUMPHREY. The majority lead-
er had to leave the Chamber momen-
tarily.

Mr. JAVTTS. Will the Chair recog-
nize the Senator from Minnesota, so that
I may address a parliamentary inquiry
to him? ^

The VICE PRESIDENT. uTie Senator
from Minnesota Is recognizea.

Mr. HUMPHREY. I yield to the Sen-
ator.

Mr. JAVTTS. The Chair made some
mention of Robert's Rules of Order.
Would the Chair also give us his view
as to the applicability, within the con-
text of the Chair's ruling on the consti-
tutionality, of Jefferson's Manual of Par-
liamentary Practice?

Mr. RUSSELL. If we are going to
have a ruling, may we have concrete
cases stated? Jefferson's Parliamentary
Manual covers a wide range of occa-
sions and procediires.

Mr. JAVITS. Does the Chair desire
to have the specific instance cited in
Jefferson's Manual to which I refer? If
so. specifically I refer to section 34,
which deals with the previous question.

The VICE PRESIDHlNT. In the
Chair's opinion, the Senate has the right
at the beginning of any new Congress,
by majority vote, either to change its
rules or to adopt such new rules as it
desires.

The Chair has indicated that in his
opinion the Senate is a continuing body
and that the rules adopted by the Senate
in one Congress carry over to the next
Congress, except for any rule which
would inhibit the constitutional right of
a majority of the Members of the Sen-
ate in a new Congress to adopt or change
its rules.

In the opinion of the Chair, when the
Senate, at the outset of a new Congress,
considers its rules, it is, of course, neces-
sary for the Senate to have some niles
under which to operate. As has been
indicated, such rules as have been
adopted in a previous Congress will be
applicable, to the extent that they are
not unconstitutional.

Where, as in this instance, the Chair
believes the Senate has adopted, in a
previous Congress, a rule which would
Inhibit the right of a majority of the
Senate to work its will on rules, then
it is necessary to look to other rules
which may guide the Senate and the
Presiding OfBcer in the course of con-
sidering rules changes. Consequently,
it is the opinion of the Chair, as the
Chair stated in responding earlier to a
parliamentary inquiry by the Senator
from Georgia [Mr. Russbll], that
Robert's Rules of Order could apply to
the extent that they also meet the
standards which the Chair has de-
scribed.

The Chair believes, however, that the
Senate, in order to work its will with
regard to its rules by majority vote,
must also have the right to bring the
matter of its rules changes to a vote by
a majority vote, which means the right
to move the previous question. This is
what the Chair will rule as his opinion.

The Chair recognizes that this opinion
is not shared by some Senators, and a
constitutional question would be raised
once an appeal from the opinion of the
Chair was taken. That constitutional
question could be submitted to the Sen-
ate for a decision, since the Senate de-
cides constitutional questions.

Mr. JAVITS. Mr. President, my par-
liamentary Inquiry was whether the
Chair would couple in its opinion Rob-
ert's Rules of Order with Jefferson's
Manual, so that the Chair could refer
to whatever the Chair felt was consistent
with its opinion.

The VICE PRESIDENT. That is the
effect of the Chair's ruling.

Mr. JAVITS. I thank the Chair.

Mr. DIRKSEN. Mr. President, the
Anderson resolution makes a very simple
change in rule XXII. If I read cor-
rectly the Hiunphrey-Kuchel or the
Kuchel-Hiunphrey proposal, it is a per-
fecting amendment, or an amendment in
the nature of a substitute, which, if it
were adopted, and on which action
would have to take place first, would
displace the Anderson amendment and
would extinguish. In fact, the Anderson
resolution. Is my understanding cor-
rect or not?

The VICE PRESIDENT. If the
Kuchel proposal were acted upon first,
that would, in effect, be the will of the
Senate in this particular matter.

Mr. DIRKSEN. Could we avoid act-
ing on the Kuchel -Hvunphrey proposal
first? It looks to me as if it is a per-
fecting proposal, on which the first ac-
tion must be had; and if it were adopted,
the Anderson amendment or proposal
would be out of court and could not be
reinstated again.

The VICE PRESIDENT. If the pro-
posal of the Senator from California [Mr.
Kuchel] is offered, as the Senator had
indicated he intends to offer it, as an
independent proposal, it would be acted
upon first.

Mr. DIRKSEN. How can that be
avoided? It has been offered under rule
XL as an independent motion, but it is
a perfecting amendment, and it would
not be possible to recur to the Anderson
amendment until perfecting amend-
ments had been disposed of.

Mr. HUMPHREY. Mr. President. wiU
the Senator from Illinois yield?

Mr. DIRKSEN. Not yet; I should like
to have the Chair respond to my inquiry.

The VICE PRESIDENT. Will the
Senator from Illinois yield to the Sena-
tor from Minnesota?

Mr. DIRKSEN. If that is the desire of
the Chair, I yield.

Mr. HUMPHREY. I may say to the
distinguished minority leader that the
purpose of the Senator from California
I Mr. KucHXL] and myself, and other
Senators who have associated themselves
with the so-called majority rule provi-
sion, is as follows: It was the under-
standing among some of us who had dis-
cussed the matter of a rules change that
the Senator from New Mexico [Mr.
Anderson] would offer his modification
of rule XXTT. A niunber of Senators are
very much In favor of what we call ma-
jority rule, under rule XXU. It was
our desire to offer an amendment or a

resolution In the nature of a substitute
for the Anderson proposal, so that we
could first vote on majority rule. If
that should not succeed — we hope it
shall, and shall work for its success —
then the Senate could move next to the
second step, to the consideration of the
Anderson proposal providing for a vote
by three-fifths of Senators present In
order to terminate debate. That was our
desire.

The ruling of the Chair, on the advice
of the Parliamentarian, is to the effect
that the motion or the amendment pre-
sented by the Senator from California
[Mr. KucHU.1 and myself, and other
Senators, is not In the nature of a sub-
stitute ; and that, therefore, the first vote
would have to be upon the Anderson pro-
posal. Then we would come, secondly,
to the proposal that we have offered for
majority rule.

I submit that this should not be a mat-
ter which is irreconcilable. We are seek-
ing to provide a rather simple proce-
dure; namely, to have a vote on ma-
jority rule without precluding the right
to a vote upon a three-fifths majority,
if the proposal for majority rule does
not succeed.

Mr. DIRKSEN. It does not make any
difference what the understandings were,
and it does not make any difference what
attitude may be taken as to the nature of
the Senator's proposal. It has to speak
for itself.

Mr. HUMPHREY. We thought it did.

Mr. DIRKSEN. Is it an amendment in
the nature of a substitute? It does not
even have to recite that fact. If by im-
plication or as a matter of fact it is a
substitute, it has to be so considered un-
der Senate rules, no matter what I think
or what anybody else thinks. I contend,
on the basis of the form and the text in
which the Senator offered it, that it has
to come first; and if it comes first, as an
amendment to the Anderson resolution,
that is the end of the Anderson resolu-
tion. Then the only problem we have is
a question of majority vote as against the
existing rule in the Senate rule book. Is
that correct?

Mr. HUMPHREY. I think the Sena-
tor's interpretation is correct. What we
seek— what the Senator from California
has suggested in his notice of motion — is
not ah amendment to anything except
rule XXII. It is a resolution to change
rule XXn, and will stand in its own
right, not as a substitute, not as a per-
fecting amendment, but as a substitute
for the existing rule XXII.

Mr. DIRKSEN. But the difficulty is
that In the form in which it was offered It
is clearly contained in a form sheet la-
beled "an amendment." It is an amend-
ment to Senate bill — , waiting for the
Anderson resolution to be assigned a
number. That is done in parentheses,
and it can mean only one thing, namely,
that it is a perfecting amendment; and
if it is, the vote on it miist come first,
regardless of what I think or what the
distinguished Senator from Minnesota,
the distinguished Senator from Califor-
nia, the minority whip, or anyone else
thinks. The rules are clear on that
point That is where the first vote must
come. If it should prevaU, that is the

end of the resolution offered by the dis-
tinguished Senator from New Mexico
[Mr. Anderson 1.

Mr. SALTONSTAIIj. Mr. President,
will the Senator yield?

Mr. DIRKSEN. I yield.

Mr. SALTON8TALL. I should like to
point out, perhaps in the form of a par-
liamentary inquiry, that tiie Humphrey-
Kuchel resolution Is offered as a new sec-
tion, subsection 3, to rule XXU. and that
if it is accepted by majority vote, then
subsection 2 of rule XXn is still in order.

If subsection 2 of rule XXn is
amended by the Anderson resolution,
then we »*ould have a three -fifths ma-
jority vote — or a two-thirds majority
vote, as it now is — upon a certain pro-
cedure.

"Then we have subsection 3, a new sub-
section, which creates an entirely new
formula for a constitutional majority to
prevail Therefore, as I see it, either it
is necessary to wipe out the first three
paragraphs of subsection 2, if the con-
stitutional majority prevails, or there
will be two procedures which will be in
conflict with each other.

Mr. DIRKSEN. Not in the form in
which they were offered.

Mr. SALTONSTALL. I will put that
statement In the form of a parliamen-
tary Inquiry.

Mr. DIRKSEN. Very weU: I yield for
tliat purpose, if I do not lose the floor.

Mr. SALTONSTALL. Mr. President,
I make that as a parliamentary inquiry,
because it seems to me that if the con-
tention is correct that if the Humphrey-
Kuchel amendment comes first the An-
derson amendment cannot be offered,
that still leaves subsection 2 of rule XXn
unchanged. If that be true, will we then
vote on subsection 3. or will we vote on
the new subsection 3, or will we vote on
the procedure under subsection 2? They
are In conflict with each other.

Mr. KUCHEL Mr. President, may I
be heard on that point?

Mr. DIRKSEN. First. I must yield. I
yield to the distinguished Senator from
California.

Mr. KUCHEL. I am grateful to the
distinguished minority leader.

Mr. President, It is the desire of those
who are sponsoring this rule change to
maintain the present right of the Sen-
ate to invoke cloture by a two-thirds
vote 2 dasrs after a cloture petition is
flled. But It Is also the desire of those
who sponsor this nole change — to which
I have affixed my name, along with the
names of other Senators — to provide
that after 15 days of debate, Sundays
and holidays excluded, a majority may
invoke cloture.

But. Mr. President, in addition to that
comment. I should like to say that, if it
would make more clear the desire which
the Senator from Minnesota and I and
other Senators have, I hold in my hand
a proposed Senate resolution, on the
proper printed form, which I do wish to
send forward, if I may, so that the re-
grettable error — namely, that what we
here term a Senate resolution was on an
amendment form — may be eliminated
from consideration.

The VICE PRESIDENT. Would the
Senator like to withdraw Ills previous

resolution, and to submit this one in its
place?

Mr. KUCHEL. Yes — either that or by
way of addition; it makes no difference to
me.

Mr. SALTONSTALL. Mr. President,
will the Senator from California yield for
a question? If that is offered as section
3. as a new section, in the form of a
resolution, what will become of the lan-
guage which already has been voted?

Mr. KUCHEL. Section 2 would re-
main as a part of the present rule, and
would continue to give two-thirds of the
Members of the Senate, after a cloture
petition had been flled and had been at
the desk for 2 days, the right to conclude
debate and invoke cloture. But what we
hope to persuade the Senate to do is to
provide an additional procedure whereby,
after a cloture petition lies at the desk
for 15 days, a constitutional majority of
the Senate would then be able to ap-
prove it.

Mr. SALTONSTALL. In other words,
there will be two steps under rule XXn?

Mr. KUCHEL. Yes, two available pro-
cedures.

Mr. SALTONSTALL. Under rule
XXII?

Mr. KUCHEL. Yes.

Mr. CASE of South Dakota. Mr.
President, the Senator from Illinois [Mr.
DniKSENl has had the floor, but has in-
dicated his willingness to yield to me.

"The VICE PRESIDENT. The Sena-
tor from Illinois has left the floor; and
the Senator from South Dakota is now
recognized,

Mr. CASE of South Dakota. I thank
the Chair.

Mr. President, it seems to me that,
basically, what the Chair has indicated
as his opinion is that the first business
of the Senate, in a new Congress, can
be modification of the rules coming over
from the last Congress. That is basic-
ally what the Chair has suggested;
namely, that the first business can be
modification of the old rules.

It seems to me that a corollary of that
is that if at any time, under that proce-
dure, the Senate proceeds to some other
business, then what the Chair has in-
dicated as his opinion would be the case;
namely, that the Senate would then have
exhausted its right to change its rules;
that if it had the opportunity to change
them, but proceeds to some other busi-
ness, then it passes beyond that oppor-
tunity. However, until the Senate has
transacted some other business, it has a
continuing right to change the niles.

I make this observation because it
seems to me that part of the confusion
arises from the assumption that if a
motion to change the rules in one parti-
cxilar were adopted, that would preclude
an opportunity to change the rules in
some other particular. It is my opinion
that the rules could be changed in many
particulars, provided the Senate had not
then proceeded to some other bvisiness.
Is that correct?

The VICE PRESIDENT. The Sena-
tor from South Dakota has correctly
stated the opinion of the Chair.

Mr. CASE of South Dakota. If that be
so. then if the Senator from Minne-
sota [Mr. Humphrey] and the Senator

from Csdifomia [Mr. Kuchel 1 wished
to get priority after the Senator from
New Mexico had been recognized, all they
would have to do to obtain a vote on the
question of a majority vote, as opposed
to a question of a two-thirds or a three-
fifths vote, would be to offer to the An-
derson motion a simple amendment
changing the three-fifths vote provision
to a simple majority vote provision.
That would bring up that issue at that
time.

If they then desired to deal with some
other provision of the rules or to proceed
in another way to change the rules, if no
other business had been transacted they
could still seek to amend or to change the
rules.

The VICE PRESIDENT. "That is
correct.

Mr. CASE of South Dakota. Some
might consider that a change in rule
XXn should then be made ; others might
consider that a change should then be
made in the rule pertaining to the size
of ccnnmittees. If some Senator sought
to make a motion, after proper notice,
to make a change in the rule pertaining
to the size of committees, if no business
other than procedure to change the rules
had been engaged in. I assume such a
motion would be in order.

The VICE PRESIDENT. That would
be the opinion of the Chair, and the
Chair would so rule.

Mr. CASE of South Dakota. I think
that is wholly consistent with the position
the Chair has taken in his advisory opin-
ion— nsunely, that the Senate has a right,
under the Constitution, to be the judge
of its own rules ; but if it once waives that
right or, after acting under it. proceeds
to other business, it then has waived that
right for that particular session.

•The VICE PRESIDENT. Let the Chair
add that the opinion of the Chair, ex-
pressed in 1957, was that once the Senate
conducts substantive business imder
niles previously adopted, it by acqui-
escence adopts those rules in their en-
tirety. "The Chair would also add that
once the Senate so proceeds, it also
adopts any rules it previously may have
adopted, affecting changes in the rules.

Mr. CASE of South Dakota. I
thoroughly agree with the opinion ex-
pressed by the Chair.

The VICE PRESIDENT. If the Chair
may fiii-ther spell out the opinion: Once
the Senate proceeds to conduct substan-
tive business without acting upon its
rule3 or after declining to act. as the
Senate did at the beginning of the last
Congress, then after that point the rules
cannot lie changed except under the
rules previously adopted by the Senate,
whenever they may have been adopted.

Mr. CASE of South Dakota. That is to
say. after proper notice.

The VICE PRESIDENT. And tmder
whatever rules may then have been
adopted and may be in effect.

Mr. CASE of South Dakota. If, to-
morrow, the Senator from California
[Mr. Kuchel] Is first recognized, obvi-
ously his motion will be entitled to be
voted upon prior to the taking of votes on
other motions, unless a true perfecting
amendment is offered to the amendment

r-

il

I

16

CONGRESSIONAL RECORD — SENATE

January 3

1961

CONGRESSIONAL RECORD — SEN ATE

17

16

CONGRESSIONAL RECX)RD — SENATE

January 3

submitted by the Senator from Califor-
nia. Is that correct? Once he is recog-
nized, his proposal will be the first to be
voted upon, luiless a perfecting amend-
ment is offered to his motion. Is not
that correct?

Mr. KUCHEL. Mr. President, may I
be heard?

The VICE PRESIDENT. Certainly.

Mr. KUCHEL. In order that there
may be no misunderstanding as to the
desire of the Senator from Minnesota,
myself, and other Senators, let me say
that we desire to reoffer the text of our
proposed change, and to do it as a clear
resolution proposing a change in rule
XXII; and I wish to advise the Chair
that with respect to the parliamentary
inquiry propounded by the able Senator
from South Dakota — who, if I correctly
understood him, asked whether such a*
resolution, when offered, would be sub-
ject to amendment

Mr. CASE of South Dakota. Mr. Pres-
ident, that is a rather simple proposi-
tion: that if such a resolution is offered.
It certainly will be subject to amend-
ments which would normally be in order.

Mr. HUMPHREY. Mr. President, in
light of the explanation which has been
made by my associate in this matter [Mr.
Kuchkl], I will now offer a separate res-
olution which will relate to an amend-
ment to section 3 of rule XXn of the
Standing Rules of the Senate. This
resolution is offered in its own right,
and. in light of the explanation given by
the Senator from California, is not to be
considered as a substitute for or a per-
fecting amendment to any other matter
before the Senate.

Mr. President, I send to the desk a
resolution on behalf of the Senator from
California [Mr. Kuchel], myself, and a
number of other Senators, the names
being attached, and ask that the names
and the text of the resolution be printed
In the body of the Record, and I also ask
for its immediate consideration.

Mr. RUSSELL. Mr. President, may
we have the resolution read?

The VICE PRESIDENT. Is there ob-
jection?

Mr. RUSSELL. Mr. President. I think
the Senate ought to be apprised of what
we are being asked to consider. It was
once the rule that resolutions had to be
read. I hope that elementary rule will
be observed, whether we proceed under
Robert's Rules of Order, or whatever
procedure.

The VICE PRESIDENT. The clerk
will read the resolution.

The resolution (S. Res. 5) offered by
Mr. HuMPHRET for himself and other
Senators, was read as follows:

Resolved, That section 3 of rule XXII of
the Standing Rules of the Senate U amended
to read as follows:

"3. If at any time, notwithstanding the
provisions of rule ni or rule VI or any other
rule of the Senate, a motion, signed by six-
teen Senators, to bring to a close the debate
upon any measure, motion, or other matter
pending before the Senate, or the unfinished
business, is presented to the Senate pursuant
to this section, the Presiding Officer shall at
once state the motion to the Senate, and
one hoxir after the Senate meets on the
fifteenth calendar day thereafter (ex(du8lv«
of Sundays and legal holidays) he shall lay

the motion before the Senate and direct that
the Secretary call the roll, and. upon the
ascertainment that a quorum is present, the
Presiding Officer shall, without further de-
bate, submit to the Senate by a yea-and-nay
vote the question:

" 'Is it the sense of the Senate that the
debate shall be brought to a close?'

"And If that question shaU be decided In
the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
measure, motion, or other matter pending
before the Senate, or the unfinished business,
shall be the unfinished business to the exclu-
sion of all other business until disposed of.

"Thereafter no Senator shall be entitled
to speak In all more than one hour on the
measure, motion, or other matter pending
before the Senate.'br the unfinished business,
the amendments thereto, and motions affect-
ing the same, and It shall be the duty of the
Presiding Officer to keep the time of each
Senator who speaks. Except by unanimous
consent, no amendment shall be In order
after the vote to bring the debate to a
close, unless the same has been presented
and read prior to that time. No dilatory mo-
tion, or dilatory amendment, or amendment
not germane shaU be In order. Points of
order. Including questions of relevancy, and
appeals from the decision of the Presiding
Officer, shaU be decided without debate."

The VICE PRESIDENT. The resolu-
tion will lie over, under the rule.

Mr. RUSSELL. Mr. DIRKSEN, and
Mr. CLARK addressed the Chair.

The VICE PRESIDENT. Is there ob-
jection to the immediate consideration
of the resolution?

Mr. RUSSELL. I object.

The VICE PRESIDENT. ObJecUon Is
heard.

Mr. HUMPHREY. Mr. President. I
want it quite clear that this resolution,
as I describe it, stands on its own right
or its own feet. There was also another
notice of intent to call up another reso-
lution that had been submitted earlier,
and notice had been given by the Sena-
tor from California [Mr. KuchxlI. It
is my understanding the Senator from
California will now offer another motion
of intention to act tomorrow upon this
particular resolution, without vacating
his original.

Mr. KUCHEL. Mr. President, that is
correct. I will say to my friend.

Mr. KUCHEL and Mr. DIRKSEN ad-
dressed the Chair.

The VICE PRESIDENT. The Senator
from California.

Mr. KUCHEL. Mr. President, I send
to the desk a notice of motion to amend
a pa^ of the niles of the Senate, sub-
mitted by the senior Senator from Min-
nesota [Mr. HuifPHRKYl, myself, and
sundry other Senators, and ask that it
be read for the information of the
Senate.

The VICE PRESIDENT. The clerk
will read.

The legislative clerk read as follows:
Nones or Monoif To Amm CnnAZif Sehatc
Rmjcs

In accordance with the provisions et rule
XIi of the Standing Rules of the Senate, I
hereby give notice In writing that I shall
hereafter move to amend rule XXU of the
Standing Rules of the Senate In the follow-
ing particulars, namely:

Section 8 of rule XXn of the Standing
Rules of the Senate la amended to read as
follow*:

"3. If at any time, notwltbatanding the
provisions of rule m or rule VI or any other

rule of the Senate, a motion, signed by 16
Senators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished
business. Is presented to the Senate piu^u-
ant to this subsection, the Presiding Officer
shall at once state the motion to the Senate,
and 1 hour after the Senate meets on the
16th calendar day thereafter (exclusive of
Sundays and legal holidays), he shall lay
the motion before the Senate and direct that
the Secretary call the roll, and, ufmn the
ascertainment that a quorum is present, the
Presiding Officer shall, without further de-
bate, submit to the Senate by a yea-and-nay
vote the question :

" 'Is It the sense of the Senate that the
debate shall be brought to a close?'

"And If that question shaU be decided in
the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, shall be the unfinished business to
the exclusion of all other business until dis-
posed of.

"Thereafter no Senator shall be entitled
to speak in all more than 1 hour on the
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, the amendmenta thereto, and motiona
affecting the same, and It ahaU be the duty
of the Presiding Officer to keep the time of
each Senator who speaks. Except by unan-
imous consent, no amendment shall be in
order after the vote to bring the debate to
a close, unless the same has boen presented
and read prior to that time. No dilatory
motion, or dilatory amendment, or amend-
ment not germane shall be in order. Point*
of order. Including questions of relevancy,
and appeals from the decision of the Presid-
ing Officer, shall be decided without debate."

The piu-pose of the proposed amendment
is to provide for bringing debate to a elOM
by a majority of the Senators dxily chosen
and sworn after fiiU and fair discussion.

Mr. DIRKSEN and Mr. RUSSEXL ad-
dressed the Chair.

The VICE PRESIDENT. The Sena-
tor from Illinois.

Mr. DIRKSEN, Mr. President, do we
not have three resolutions pending at
the desk, or two?

The VICE PRESIDENT. The Sena-
tor is correct.

Mr. DIRKSEN. Well, Is he correct or
Is he not? Is it three or two?

The VICE PRESIDENT. There are
three propositions on the desk.

Mr. DIRKSEN. There are three
propositions on the desk.

A further inquiry, Mr. President. Are
there three motions of intent pending
at the desk to move tomorrow?

The VICE PRESIDENT. Yes.

Mr. DIRKSEN. So we have three
resolutions before us and three motions,
all Independent of each other. Is that
correct?

The VICE PRESIDENT. That Is
correct.

Mr, DIRKSEN. Under the rule, I
would take it that the Senator first rec-
ognized would get the floor and the reso-
lution offered by such Member of the
Senate would be the first to be consid-
ered. Is that correct?

The VICE PRESIDENT. Those prop-
ositions that go over imder the rule
would come down in the order in which
they have been offered.

Mr. DIRKSEN. Mr. President, under
that ruling, the distinguished Senator
from New Mexico [Mr. Anderson] would

1961

CONGRESSIONAL RECORD — SENATE

17

/

be the first to be automatically recog-
nized for consideration of his resolution.

Mr. ANDERSON, Mr. President, I
had thought of withdrawing the first
resolution by agreement. I intend this
afternoon to substitute a full resolution,
offering the entire text of rule XXII.

Mr. DIRKSEN. If that were done
and the full text were submitted, then
either one of the two alternate resolu-
tions pending at the desk could be of-
fered.

Mr. ANDERSON. That is correct.

Mr. DIRKSEN. In that event, the
first action of the Senate would come on
either one of the alternative resolutions
offered either by the Senator from Cali-
fornia or by the Senator from Minnesota.
I think the Senator has offered both of
them.

Mr. HUMPHREY. Yes.

Mr. DIRKSEN. So the Senator could
call up either of them as perfecting
amendments or substitutes. So in that
way he might be recognized. That would
establish the circumstances under which
either proposal would first have to be
coiiKld cr fid

Mr. HUMPHREY. Mr. President, will
the Senator yield?

Mr. DIRKSEN. Yes.

Mr. HUMPHREY. It is my under-
standing that if the Senator from New
Mexico offers a new resolution that takes
the full text of rule XXn and modifies
It with a three-fifth requirem^it which
he intends to place in that amendment,
then it would be subject to an amend-
ment in the nature of a substitute as has
been presented to the Senate, and lies
on the desk, on the part of the Senator
from California, the Senator from
Minnesota, and other Senators. Is that
correct?

The VICE PRESIDENT. The Senator
is correct.

Mr. DIRKSEN. Mr. President, this is
not a parliamentary inquiry, but I think
we ought, for the Information of the Sen-
ate, understand from the Senator from
New Mexico whether he does today pro-
pose to offer this, because if he does not.
under rule XL. we could »ot act on it
tomorrow.

Mr. ANDERSON. I will say to the
Senator from Illinois, I do intend io pro-
pose it. If the Senate started to reces^ I
should have to read the rules of the Sen-
ate until the text arrived. As soon as
the text arrives I shall propose it, I will
say to my friend from Illinois, and It will
be before the Senate, and there will be a
motion to bring it before the Senate.

Mr. DIRKSEN. So the Members of
the Senate can accept, as the order of
business tomorrow, the full text will be
before the Senate, and the substitutes or
amendments in the nature of substitutes
can be offered?

Mr. ANDERSON. So far as the Sen-
ator from New Mexico is concerned that
Is correct.

Mr. CASE of South Dakota, Mr. RUS-
SELL, and Mr. CLARK, addressed the
Chair.

Mr. CASE of South Dakota. Mr. Pres-
ident. I desire to offer a notice in writing.

Mr. DIRKSEN. Mr. President, I had
not yielded the floor, but I believe I will.

The VICE PRESIDENT. The Senator
Srlelds the floor,
cvn — a

Mr. CASE of South Dakota. Mr. Pres-
ident, in accordance with the provisions
of rule XL of the Standing Rules of the
Senate I hereby give notice in writing it
is my intention to hereafter submit a
resolution proposing to amend rule XIX,
relating to debate, by inserting, after
paragraph No. 1 of the said rule a new
paragraph No. 2, and I ask that it be
read.

The purpose of the proposed amend-
ment is to provide for the consideration
and germaneness of amendments, to-
gether with debate thereon, to a matter
pending before the Senate.

The VICE PRESIDENT. The Clerk
will read the proposed amendment.

The Chief Clerk (Emery L. Prazler)
read as follows:

During the consideration of a bill, resolu-
tion, or other matter which has been pending
before the Senate for 7 calendar days or more,
it shall be in order to offer motions that the
Senate proceed with the consideration of
amendments which motions shall be privi-
leged and decided with not more than 1 hour
of debate, to be equally divided between
opponents and proponents.

If such a motion shaU be determined in
the affirmative, any amendment thereafter
received, together with debate thereon, and
all debate under the order for pending busi-
ness shall be required to be germane to the
subject matter before the Senate. All ques-
tions of relevancy under this rule, when
raised, including appeals, shsdl be decided
without debate.

Change the numbers of the succeeding
paragraphs of the rule.

Mr. CASE of South Dakota. Mr.
President, I submit the resolution for
myself and the Senator from Connecti-
cut [Mr. BttshI. It is a resolution per-
taining to germaneness, and I trust it
will not be confused with the other res-
olutions.

Mr. CLARK. Mr. President, will the
Senator yield for an observation?

Mr. CASE of South Dakota. I yield
to the Senator from Pennsylvania.

Mr. CLARK. I also intend to propose
a rule pertaining to germaneness as soon
as I can get the floor. Perhaps we can
get together.

The VICE PRESIDENT. The resolu-
tion will be received and printed.

The resolution (8. Res. 6) is as follows:

Resolved, That rule XIX of the Standing
Rules of the Senate, relating to debate, be,
and it is hereby, amended by inserting after
paragraph numbered 1 of said rule a new
paragraph numbered 2, as follows:

"2. Diuring the consideration of a bill, res-
olution, or other matter which has been
pending before the Senate for seven calen-
dar days or more it shall be in order to offer
motions that the Senate proceed with the
consideration of amendments, which mo-
tions shall be privUeged and decided with
not more than one hovir of debate, to be
equally divided between opponents and pro-
ponents.

"If such a motion ahaU be determined in
the affirmative, any amendment thereafter
received, together with debate thereon, and
all debate under the order for pending busi-
ness shall be reqxilred to be germane to the
subject matter befoz:e the Senate. All ques-
tions of relevancy under this rule, when
raised, including appeals, shall be decided
without debate."

Change the numbers of the succeeding
paragraphs of the rule.

Mr. RUSSELL and Mr. CLARK ad-
dressed the Chair.

The VICE PRESIDENT. The Senator
from Georgia is recognized.

Mr. RUSSELL. Mr. President, we had
a number of rulings today of one kind
and another. I wish to make one thing
very clear: If any of these resolutions
are laid down and are made the pending
business by the Senate, they will be sub-'
Ject to amendment by any Senator who
wishes to propose any change in the
rules of the Senate.

Mr. CLARK. Mr. President

Mr. RUSSELL. Is that correct, B^.
President?

Mr. CLARK. I beg the Senator's
pardon.

The VICE PRESIDENT. Will the
Senator repeat his inquiry?

Mr. RUSSELL. I inquired of the
Chair: If any of these resolutions are
handed down and become the pending
business before the Senate, will they not
be open to amendment by any Senator
who desires to propose any change in the
Standing Rules of the Senate?

The VICE PRESIDENT. The Senator
is correct.

Mr. RUSSELL. I am glad to have
that information.

Mr. DIRKSEN. Mr. President, the
germaneness rule

Mr. RUSSELL. Just a moment. Mr.
President, I have the floor.

Mr. DIRKSEN. The germaneness
rule would not apply.

Mr. RUSSELL. Of course not. There
is no rule of germaneness.

Mr. DIRKSEN. We should make that
clear.

Mr. RUSSELL. In other words, if the
Senator from South Dakota desired to
propose an amendment as an amend-
ment to the proposition of the Senator
from New Mexico, he would have the
right to offer it as an amendment,
would he not?

The VICE PRESIDENT. He would
have a right to offer an amendment.

Mr. RUSSELL. And the Senator from
Pennsylvania, who has a number of sug-
gested amendments which he has
espoused very vigorously to the Senate,
would likewise have a right to offer his
amendments sis amendments, would he
not?

The VICE PRESIDENT. Will the
Senator repeat that inquiry? There Is
some conversation at the desk.

Mr. RUSSELL. Yes.

The VICE PRESIDENT. Will the
Senator repeat his inquiry?

Mr. RUSSELL. I am glad I can see
over the participants and can see the
Presiding Officer. I cannot hear him
very plainly. [Laughter.]

The Senator from Pennsylvania has a
number of amendments which he has
discussed in the public press and over
television.

Mr. CLARK. And on the floor of the
Senate.

Mr. RUSSELL. And on the floor of
the Senate, in the last session. The
Senator has also mailed them to all the
Members of the Senate. Any one of
those amendments would be in order,
would it not, if any one of these resolu-
tions should become the pending busi-
ness of the Senate?

i

.Innn/ii/i'im fl

18

CONGRESSIONAL RECORD — SEN ATE

January S

The VICE PRESIDENT. The Chair
would hold that if the rule which the
Senator desired to amend were not re-
lated to the Anderson proposal, for ex-
ample, that notice would be required
under rule XL.

Mr. RUSSBliL. 9ut if notice were
given under rule XL, then any amend-
ment to the rules would be in order as
an amendment?

The VICE PRESIDENT. The Senator
is correct.

Mr. RUSSELL. Mr. President, we
have had a nimiber of rulings today, and
anyone would be hard put not to be
pleased by some of them — as well as
highly displeased by some of them — be-
cause they meet each other coming back
on occasion. However, I wish to make
it perfectly clear that no point of order
as to any of these rulings, whether in
conflict or not, has been waived by any
Senator.

The VICE PRESIDENT. The Chair
so holds.

Mr. RUSSELL. The Presiding Officer
holds that any point of order as to any
of these rulings would be preserved and
could be raised prior to final action on
the resolution?

The VICE PRESIDENT. The Chair
so rules.

Mr. RUSSELL. And that includes the
question of constitutionality of the Pre-
siding Officer's ruling?

The VICE PRESIDENT. By all
means.

Mr. RUSSELL The Presiding Officer
proposes to submit the question of con-
stitutionality to the Senate for deter-
mination. If that point is raised?

The VICE PRESIDENT. Under Sen-
ate precedents that Is the rule.

Mr. RUSSELL I am delighted to
know we are following the precedents in
some instances even if we have departed
completely from them in others.

Mr. CLARK and Mr. HUMPHREY ad-
dressed the Chair.

The VICE PRESIDENT. The Senator
from Pennsylvania has been attempting
to get the floor for some time.

Mr. CLARK. Mr. President, I am
happy to yield to the majority whip.

Mr. HUMPHREY, Mr. President, it
has t>een suggested to me that it would
be desirable at this time to read the Ust
of cosponsors of the two resolutions
which have been offered on behalf of
the Senator from California and myself
and other Senators, and the two notices
which were also given to the Senate.

The cosponsors are as follows: Sena-
tors Douglas, Aiken, Clark, Bush, Car-
roll, Casi of New Jersey, Proxmirx,
Javits. Williams of New Jersey. Keat-
ing, Nettbercer, Scott, Hart, Bkall.
DoDD. Pong, Randolph, Saltonstall.
McCarthy, Morse, and Engli.

Mr. President, the names of Senators
were read, one Democrat and one Re-
publican, without any relation to their
seniority or to the listing on the bill.
There may be other Senators who will
wish to Join with us, but I desired to have
the record clear today as to the nimiber
of cosponsors for the so-called majority
resolution and the amendment which
may be offered in case the Senator from
New Mexico offers his resolution.
Mr. CLARK. Mr. President

The VICE PRESIDENT. The Sena-
tor from Pennsj Ivania is recognized.

Mr. CLARK. Mr. President, in ac-
cordance with rule XL of the Standing
Rules of the Senate I send to the desk
written notices of motions r shall here-
after make to amend certain standing
rules of the Senate and to amend, with
respect to the Senate only, certain pro-
visions of the Legislative Reorganization
Act of 1946 enacted by the Congress in
the exercise of the rulemaking power
of the Senate and of the House of Rep-
resentatives.

Unless other Senators desire to have
these proposed rules changes read I do
not intend to ask that they should be
read. They are, in general, the rules
changes which I have been arguing in
public, on the floor of the Senate, and
elsewhere, for quite a long while. It
would take several minutes to read them.
I hope no Senators will feel they should
be read. If Senators so feel, however, I
shall ask that they be read.

The changes proposed by Senator
Clark are as follows:

Nonce or Motion To Amend Oenatb
Rttlx XXTV

In accordance with the provUlons of rule
XL of the Standing Rules of the Senate, I
hereby give notice In writing that I shaU
hereafter move to amend rule XXIV of the
Standing Rules of the Senate by adding a
new subsection to read as follows:

"3. A majority of the Senate members of
a committee of conference shall have indi-
cated by their votes their sympathy with the
bill as passed and their concurrence in the
prevailing opinion of the Senate on the
matters in disagreement with the Hoiise of
Representatives which occasion the appoint-
ment of the committee".

The purpose of the proposed amendment
is to incorporate in the Standing Rules of the
Senate the democratic principle set forth
in section 17 of Cleaves Manual that a simple
majority of Senate members of a conference
committee must be sympathetic to the pre-
vailing view of the Senate on the matters
in disagreement with the House.

Noncx or Motion To Amend Senate Rulss
In accordance with the provisions of rule
XL of the Standing Rules of the Senate,
I hereby give notice In writing that I shall
hereafter move to amend section 134(c) of
the Legislative Reorganization Act of 1046
(2 U.S.C. 190b(b)), enacted by the Congress
in the exercise of the rulemaking power of
the Senate and the House of Representatives,
with respect to the Senate, to read as follows :
"(b) No standing committee of the House,
except the Committee on Rules, shall sit,
without special leave, while the House Is in
session."

The purpose of the proposed amendment
is to repeal the provision in section 134(c)
of the Legislative Reorganization Act which
has been interpreted to authorize a single
Senator by entering objection to prevent aU
130 Senate standing committees and sub-
committees from meeting during Senate
sessions.

Notice or Motion To Amend Senate
RuiE XXV

In accordance with the provisions of nile
XL of the Standing Rules of the Senate,
I hereby give notice In writing that I shall
hereafter move to amend rule XXV of the
Standing Rules of the Senate In the foUow-
ing respects:

In paragraph (h) (dealing with the Com-
mittee on Finance) of subsection 1 of rule
XXV, strike out the word "seventeen" and
Insert in lieu thereof "twenty-one"; and

In paragraph (k) (dealing with the Com-
mittee on the Judiciary) of subsecUon 1 of
rule XXV. strike out the word "fifteen" on
the first line of the said paragraph and insert
in lieu thereof "seventeen."

The purpose of the amendments Is to in-
crease the size of the Finance Committee
from 17 to 21 members and to increase the
siae of the Judiciary Committee from 16 to
17 members.

Notice or Motion To Amend Senate Rule in
In accordance with the provisions of rule
XL of the Standing Rules of the Senate, I
hereby give notice in writing that I shall
hereafter move to amend subsection 1 of
rule in of the Standing Rules of the Senate
(relating to the commencement of daily
sessions ) to read as follows :

"The Presiding Ofllcer having taken the
chair, and a quoriun being present, motions
to correct any mistakes made In the en-
tries of the Journal of the preceding day
shall be in order, and any such motion
shall be deemed a privileged question, and
proceeded with untU dlApoeed of. Unless
a motion to read the Journal of the preced-
ing day, which is nondebatable, is made and
passed by majority vote, the Joxirnal shall
be deemed to have been read without actual
recitation and approved."

The purpose of the proposed amendment
is to delete the obsolete provision In rule
in which makes it possible for a single Sena-
tor to demand that the Journal of the pre-
ceding day be read and to tie up the Senate
for long periods by doing so. Instead it Is
proposed that "unless a motion to read the
Journal of the preceding day, which is non-
debatable. Is made and passed by majority
vote, the Journal shall be deemed to have
been read without actual recitation and
approved."

Notice of Motion To Amend Senate Rxax
XIX

In accordance with the provlalons of rule
XL of the Standing Rules of the Senate, I
hereby give notice in writing that I shall
hereafter move to amend rule XIX by add-
ing at the end thereof the foUowtng new
subsection :

"8. During the consideration of any
measure, motion or other matter, any Sena-
tor may move that all further debate under
the order for pending business shall be
germane to the subject matter befor^ the
Senate. If such motion, which shall be non-
debatable, is approved by the Senate, all
further debate under the said order shall
be germane to the subject matter before
the Senate, and all questions of germane-
ness under this rule, when raised, including
appeals, shall be decided by the Senate with-
out debate."

The. purpose of the proposed amendment
is to provide for a rule of germaneness in
debate to be Invoked by majority vote on a
nondebatable motion, so that the will of the
Senate can be effectively carried out on
urgent legislative matters.

Notice or Motion To Amend Senate Rttles

In accordance with the provisions of rule
XL of the Standing Rules of the Senate, I
hereby give notice in writing that I shall
hereafter move to amend section 134 of the
Legislative Reorganization Act of 1946 (3
VS.C. 190b(b)), enacted by the Congress In
the exercise of the rulemaking power of the
Senate and the House of Representatives, to
add the following new subsections at the end
thereof, which shall be applicable with re-
spect to the Senate only :

"(d) Kach standing committee of the
Senate shall meet at such time as it may
prescribe by rule, upon the call of the chair-
man thereof, and at such other time as may
be fixed by written notice signed by a ma-
jority of the members of the committee and
filed with the committee clerk.

1961

CONGRESSIONAL RECORD — SENATE

19

"(•) The business to be considered at any
meeting of a standing committee of the
Senate shall be determined in accordance
with its rules, and any other measure, mo-
tion, or matter within the jurisdiction of the
committee shall be considered at such meet-
ing that a majority of the members of the
committee indicate their desire to consider
by votes or by presentation of written notice
filed with the committee clerk.

"(f) Whenever any measure, motion, or
other matter pending before a standing com-
mittee of the Senate has received considera-
tion in executive session or sessions of the
committee for a total of not less than S
hours, any Senator may move the previous
question with respect thereto. When such
a motion is made and seconded, or a peti-
tion signed by a majority of the committee
is presented to the chairman, and a quorum
Is present, it shall be submitted Immediately
to the committee by the chairman, and shall
be determined without debate by yea-and-
n«y vote. A previous question may be asked
and ordered with respect to one or more
pending measures, motions, or matters, and
may embrace one or more pending amend-
ments to any pending measure, motion, or
matter describcMl therein and final action by
the committee on the pending bUl or reso-
lution. If the previous question is so or-
dered as to any meesxire, motion, or matter,
that measure, motion, or matter shall be
presented immediately to the committee for
determination. Kach member of the com-
mittee desiring to be heard on one or more
of the measures, motions, or other matters
on which the prevloiis question has been
ordered shall be allowed to speak thereon
for a total of 30 minutes."

The purpose of the propoeed amendment
is to amend section 184 of the Leglslattve
Reorganisation Act of 1946 with respect to
the Senate, to provide a "bill of rights" for
Senate standing committees. The proposal
would permit a majority of members of any
standing committee of the Senate (1) to
convene meetings of the committee: (3) to
consider any matter within the jurisdiction
of the committee; and (3) to end committee
debate on a given measure by moving the
previous question after full and fair debate
of the issues.

Mr. CLARK. Mr. President, as a
matter of legislative history, and as a
sponsor of these proposed rules changes
and of the rule changes with respect to
rule XXn which have been proposed by
the Senator from Minnesota and the
Senator from California, I wish to say
thafr I do not acquiesce in the present
rules of the Senate.

I do not consider that if we adjourn
tonight instead of recessing I have
waived my rights to propose rule changes
in accordance with the advisory opinion
of the Vice President.

Moreover, it is my hope that a ma-
jority ot Senators share my view that
no acquiescence has taken place. I make
the statement merely for the purpose of
the legislative record, so that it may not
be successfully contended tomorrow that
if the Senate shall adjourn tonight, any
Senator acquiesced in having the rules
of the Senate continued as they were in
the 86th Congress.

Mr. DIRKSEN. Mr. President, will
the Senator yield?

Mr. CLARK. I am happy to yield to
the Senator from Illinois.

Mr. DIRKSEN. I should flrst like to
ask the Senator from Pennsylvania to
tell us how many rule changes he con-
templates as to which notice has been
fUed.

Mr. CLARK. Six.

Mr. DIRKSEN. Can the Senator
briefly paraphrase or express to the
Senate what rule changes he contem-
plates proposing?

Mr. CLARK. The purpose of the first
proposed amendment is to incorporate
in the Standing Rules of the Senate the
democratic principle set forth in section
17 of Cleaves Manual that a simple ma-
jority of the Senate members of a con-
ference committee must be sympathetic
to the prevailing view of the Senate on
the matters in disagreement with the
House.

The Senator will recall that we have
argued that subject at some length be-
fore.

Mr. DmKSEN. Precisely what does
the Senator mean?

Mr. CLARK. I mean that the conferees
on behalf of the Senate must be in favor
of the action taken by the Senate.

Mr. DIRKSEN. Is the proposed
amendment an expression of the sense
of the Senate, or a binding proposal
imder which a Senator could not serve on
a conference committee if he did not take
the prevailing majority view as the bill
or resolution left the Senate?

Mr. CLARK. The proposed amend-
ment is to rule XXIV of the Standing
Rules of the Senate, and requires that a
majority of the members of the Senate
conferees should be in sympathy with
the action taken by the Senate. I do not
wish to argue the subject now.

Mr. DIRKSEN. I simply want to be
sure that we clearly imderstand what our
distinguished friend proposes.

What is the second proposal of the
Senator from Pennsylvania?

ISi. CLARK. The purpose of the sec-
ond proposed amendment is to repeal
the provisions of section 134(c) of the
Legislative Reorganization Act. which
has been, in my judgment, erroneoudy
interpreted to authorize a single Sena-
tor, by entering an objection, to prevent
all Senate standing committees and sub-
committees from meeting while the Sen-
ate is in session.

Mr. DIRKSEN. In other words, that
rule of dispensation, at the pleasure of a
single Senator, would go out of the Sen-
ate rules. Is that correct?

Mr. CLARK. The Senator is correct.

Mr. DIRKSEN. What does the dis-
tinguished Senator propose as an alter-
native or substitute?

Mr. CLARK. I propose that a ma-
jority of the members of the committee
may meet at any time they so desire,
subject to a majority of the Senate nil-
ing that they may not meet while the
Senate is in session.

Mr. DIRKSEN. So if a request were to
come to the Senate for a committee to
meet while the Senate is in session, it
would be necessary for the Senate to ex-
press its will upon that request yes or
no. Is that correct?

Mr. CLARK. No. The committee
would meet. If any individual Senator
should raise a question as to the right of
the committee to meet at that time, he
could come to the floor of the Senate
and make an appropriate motion, which,
if supported by a majority, would break
up the meeting.

Mr. DIRKSEN. Then It would require
% wholly negative instead of an afllrma-

tive approach, and whatever a committee
would do would be fully consonant with
the rules, unless a recalcitrant Member
would c<»ne to the Senate floor and man-
age to get enough support to offset that
action. Is that correct?

Mr. CLARE. The Senator is correct.

The next proposed change is one whi<^
I have not mentioned before, so perhaps
I should state it now. It is proposed to
change rule XXV of the Senate by in-
creasing the size of the Finance Com-
mittee from 17 to 21 members, and the
size of the Judiciary Committee from 15
to 17 members. The Senator from Illi-
nois is astute enough to read tietween
the lines.

Mr. DIRKSEN. Oh, definitely.

Mr. CLARK. The purpose of the next
amendment is to delete the provision in
rule m which makes it possible for a*
single Senator to demand that the Jour-
nal of the preceding day be read, and
thus to tie up the Senate business for
long periods. Instead, it is proposed
that unless a motion to read the Journal
of the preceding day, which is nonde-
batable, is made and passed by majority
vote, the Journal shall be deemed to have
been read without actual recitation and
approval.

Mr. DIRKSEN. So that if the reading
of the Journal is dispensed with, the only
action which the Senate could take
would be an affirmative action rather
than action on the objection of a
Senator?

Mr. CLARK. The Senator is correct.
As the Senator from Illinois well knows,
the custom has been to ask unanimous
consent that reading of the Journal be
dispensed with.

Mr. DIRKSEN. The Senator is cor-
rect.

Mr. CLARK If Uie proposed rule
change were adopted, such procedure
would no longer be necessary.

The next proposed rule change pro-
vides that a rule of germaneness of de-
bate may be invoked by majority vote
on a nondebatable motion so that the
will of the Senate could be carried out
on legislative matters.

Mr. DIRKSEN. Would the proposed
change provide that a motion to table
would be debatable if a majority of the
Senate so desired?

Mr. CLARK. No; the pn^Msed rule
would have no efifect on a motion to table.
It merely provides that if one Senator
were to move that hereafter debate on
pending business shall be germane, the
motion would be put to a vote without
further debate. If that motion were
agreed to, then further debate on the
measure must be germane.

Mr. DIRKSEN. I suppose the basic
objective of the proposed rule is to shut
off all irrelevant speeches which have no
relationship to the business before the
Senate at the moment.

Mr. CLARK. The Senator is correct.
I believe there would be plenty of time
for Senators to sound off on other mat-
ters, unless we were approaching the
pomt where it would be desirable to have
the debate limited to germane subjects.

Mr. DIRKSEN. Would the Senate de-
termine whether or not the debate was
relevant and germane?

I

■m

20

CONGRESSIONAL RECORD — SEN ATE

January S

Mr. CLARK. In the first instance, de-
termination of germaneness would be by
the Chair, and the ruling of the Chair
would be subject to appeal to the Senate.
Mr. DIRKSEN. What would be re-
quired? Would we be required in every
case to ask that the stenographic tran-
script be sent to the Senate floor, and to
have it read to determine whether or not
a speech had some bearing upon the sub-
ject under consideration?

Mr. CLARK. If the Senator will excuse
a lighter tguch, let us assiune that the
Senator from Illinois were making one
of his justly famous speeches about
mother and the flag.

Mr. DIRKSEN. I thank the Senator.

Mr. CLARK. Let us assume, further,
that the Senator from Pennsylvania were
to rise and suggest that that whole dis-
cussion was not germane to the pending
business. The Senator from Illinois per-
haps would vigorously deny it was not
germane. The Chair would rule in the
first instance, and there could be an ap-
peal from the ruling of the Chair.

Mr. DIRKSEN. Suppose a Senator
should rise and speak about the Cradle
of Liberty in the State of my distin-
guished friend from Pennsylvania, and
the tradition of Gettysburg, relating the
subjects of heaven, home, and mother.
Who would determine whether such dis-
cussion were germane or not?

Mr. CLARK. First the Chair; second,
there could be an appeal to the Senate.

The final proposal is to amend the Re-
organization Act so as to provide a bill
of rights for certain standing commit-
tees. This proposal would permit a ma-
jority of the members of any standing
committee of the Senate, first, to con-
vene meetings of the committee; second,
to consider any matter within the juris-
diction of the committee; and, third, to
end debate within the committee on a
given measure by moving the previous
question after fiUI and fair debate had
been had within Uie committee.

The Senator from Illinois may be par-
ticularly interested in this proposed rule
change, because he will recall some of
the proceedings in the Committee on
Labor and Public Welfare in connection
with the minimum wage bill last year.

Mr. DIRKSEN. Is that proposed rule
change designed to convene a meeting
of the committee even though the chair-
man of the committee may have other
Ideas?

Mr. CLARK. Yes.

Mr. DIRKSEN. In other words, if the
'proposed rvile change were adopted, a
majority of the members of a committee
could override the chairman.

Mr. CLARK. The Senator is correct.

Mr. DIRKSEN. Mr. President, we im-
derstand now what our very distin-
guished friend from Pennsylvania has In
mind. I should like to ask one additional
question. Is it proposed now to call up
all of these proposals? The Senator is
filing all the motions under rule XL, as I
understand.

Mr. CLARK. The Senator is correct.

Mr. DIRKSEN. And all tlie text of the
rule changes?

Mr. CLARK. The Senator Is correct.

Mr. DIRKSEN. It Is the intention of
the Senator from Pennsylvania then to
call up all of his proposed rule changes?

Mr. CLARK. Not untU after rule XXH
has been disposed of one way or the
other. I reserve the right to determine,
as we see how the situation devel<H>8 with
re8p4;ct to rule XXn, whether I call all of
them up or oaly scmie or none.

NOTICE OP MOTION TO AMEND
RULE XXII

Mr. ANDERSON for himself and Mr.
Morton submitted the following notice
in writing :

In accordance ' with rule XL of the
Standing Rules of the Senate, I hereby give
notice In writing that It 1b my Intention to
move to amend rule XXII, section 2, to read
as follows:

"2. Notwithstanding the provisions of rule
ni or rule VI or any other rule of the Sen-
ate, at any time a motion signed by 16 Sen-
ators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished
business. Is presented to the Senate, the
Presiding Officer shall at once state the
motion to the Senate, and 1 hour after the
Senate meets on the following calendar day
but one, he shall lay the motion before the
Senate and direct that the Secretary call
the roU, and, upon the ascertainment that
a quoriun is present, the Presiding Officer
shall, without debate, submit to the Senate
by a yea-and-nay vote the question:

" 'Is It the sense of the Senate that the
debate shall be brought to a close?'

"And If that question shall be decided In
the affirmative by three-fifths of the Sen-
ators present and voting, then said measure,
motion, or other matter pending before the
Senate, or the unfinished buslneos, shall be
the unfinished business to the excltislon of
all other business until disposed of.

"Thereafter no Senator shall be entitled
.to speak In all more than 1 hour on the
measure, motion, or other matter p>endlng
before the Senattf, or the unfinished bxislness,
the amendments thereto, and motions af-
fecting the same, and It shall be the duty of
the Presiding Officer to keep the time of each
Senator who speaks. Except by unanlmoiu
consent, no amendment ^all be In ocder
after the vote to bring the debate to a close,
unless the same has been presented and
read prior to that time. No dilatory motion,
or dllat<»7 amendment, or amendment not
germane shall be In order. Points of order.
Including questions of relevancy, and ap-
peals from the decision of the Presiding
Officer, shall be decided without debate."

The purpose of the amendment la to
amend rule XXII so as to be able to Invoke
cloture by a three-fifths vote Instead at two-
thirds.

Mr. ANDERSON. Mr. President, a
parliamentary inquiry.

The VICE PRESIDENT. The Senator
will state it.

Mr. ANDERSON. Earlier in the day
I gave notice of a motion in somewhat
dilTerent language. If that comes up
tomorrow in the regular order of busi-
ness, would I have the right to modify
it by including the language just now
sent to the desk?

The VICE PRESIDENT. The Sena-
tor would have that right.

Mr. DIRKSEN. Could that be done
without unanimous consent?

The VICE PRESIDENT. Without
unanimous consent. The Senator from
New Mexico may modify his own motion.

Mr. CASE of New Jersey. Mr. Presi-
dent, perhaps a question I have in mind
has been asked and answered already.

but in the confusion and in my negotia-
tions with regard to this matter, I did
not hear the answer, if one was given
previously. May I understand that it is
the Chair's view that if the notice of the
Senator from New Mexico is amended as
he last suggested, in accordance with the
alternative notice he has given, then the
motion to amend the rules, made by the
Senator from Minnesota [Mr. Hum-
phrky] , the Senator from California [Mr.
KucRXLl. and other Senators, may be
offered as a substitute for the motion of
the Senator from New Mexico [Mr. Ak-

DERSON 1 ?

The VICE PRESIDENT. It may.

Mr. CASE of New Jersey. That, then,
will be voted on first, before the motion
of the Senator from New Mexico?

The VICE PRESIDENT. That is cor-
rect. That is the Chair's understanding.

DEATHS OF SENATORS HENNIN08
AND THOMSON

Mr. KUCHEL. Mr. President

Mr. MANSFIELD. Mr. President, will
the Senator from California yield to me
briefly?

Mr. KUCHEL. I yield.

Mr. MANSFIELD. I should like to ask
unanimous consent, with the permission
of my colleagues in the Senate, that the
Senator from Missouri [Mr. SviaifCTOM]
and the Senator from Wyoming [Mr.
McObk] be recognized very briefly.

Mr. KUCHEL. Reserving the right to
object, I should like to inquire whether
that would constitute the transaction of
any substantive business.

The VICE PRESIDENT. By unani-
mous consent, it would not.

Mr. STMINOTON. I appreciate the
courtesy of the majority leader. I have
a resolution which I send to the desk.

The VICE PRESIDENT. The resolu-
tion will be stated.

The legislative clerk read the resolu-
tion (8. Res. 7) , as follows:

Resolved, Tliat the Senate has heard with
profound sorrow and deep regret the an-
nouncement of the death of Hon. TBoatAS
C. HxiTNiNos. Jb., late a Senator from the
State of Bllsaourl.

Resolved. That the Secretary communi-
cate these resolutions to the House of Rep-
resentatives and transmit a copy thereof to
the family of the deceased.

Resolved. That as a further mark of re-
spect to the memory of the deceased, the
Senate, at the conclusion of Its business to-
day, do now adjourn.

The VICE PRESIDENT. Without ob-
jection, the resolution is unanimously
agreed to.

Mr. McGEZ:. Mr. President, I send to
the desk a resolution, and ask that it be
read.

The VICE PRESIDENT. The reaolu-
tion will be reported.

The legislative clerk read the resolu-
tion (S. Res. 8) , as follows:

Resolved, That the Senate has heard with
profound sorrow and deep regret the an-
nouncement of the death of Hon. Kkttm
Thomson, late a Senator-elect from the SUte
of Wyoming.

Resolved, That the Secretary communicate
these resolutions to the House of Represent-
atives and transmit a copy thereof to the
family of the deceased.

1961

CONGRESSIONAL RECORD — HOUSE

21

Resolved, ThtX as a further mark of re-
spect to the memory of the deceased, the
Senate, at the conclusion of its business to-
day, do now adjourn.

The VICE PRESIDENT. Without ob-
jection, the resolution Is unanimously
agreed to.

BCr. MANSFIELD. Mr. President, I
ask unanimous consent that these two
resolutions be placed in the Record just
prior to adjournment.

The VICE PRESIDENT. Without ob-
jection, it is so ordered.

ADJOURNMENT

Mr. MANSFIELD. Mr. President, I
move that the Senate stand in adjourn-
ment until 12 o'clock noon tomorrow.

The motion was agreed to and (at 2
o'clock and 44 minutes p.m.) the Senate
adjourned imtil tomorrow, Wednesday,
January 4. 1961. at 12 o'clock meridian.

HOUSE OF REPRESENTATIVES

Tuesday, January 3, 1961

This being the day fixed by the 20th
amendment of the Constitution for the
annual meeting of the Congress of the
United States, the Members -elect of the
House of Representatives of the 87th
Congress met in their Hall, and at 12
o'clock noon were called to order by the
Cleilc of the House of Representatives,
Hon. Ralph R. Roberts.

The Chaplain, Rev. Bernard Braskamp,
DJ>., offered the following prayer:

Prom the Book of Exodus (33: 15) the
prayer of Moses when the children of
Israel were starting on their journey to
the unknown country:

// Thy presence go not with us. carry
us not up hence.

Almighty God. something deep and
haunting Within our souIb now compels
us to turn to Thee in prayer although
we cannot fully understand its meaning
and measure its power.

As Thou hast set before us an un-
known year and an imtraveled way. may
we seek Thy kindly light to lead us and
Thy divine strength to sustain us.

Orant that our President, our Speaker,
our chosen Representatives, and all Gov-
ernment employees may enter ujxjn this
87th Congress inspiried with new vistas
of outlook and new ifentures of faith.

May we sincerely resolve to maintain
and perpetuate, with conviction and
courage, those noble principles and Ideals
of our high vocation to which we are
giving our allegiance.

Hear us as we unite in offering unto
Thee the prayer of our Saviour, the
Prince of Peace :

Our Father who art in heaven hallowed
be Thy name: Thy kingdom come; Thy
will be done on earth as it is in heaven;
give us this day our dotty bread; and
forgive us our debts, as we forgive our
debtors; and lead us not into temptation,
but deliver us from evil; for Thine is the
kingdom, and the power, and the glory
forever.

Amen.

CALL OF THE ROLL

The Clerk. Representatives-elect to
the 87th Congress, this is the day fixed by
the Constitution of the United States for
the meeting of the 87th Congress.

As directed by law. the Clerk of the
House has prepared the official roll of
the Representatives-elect. Certificates
of election covering the 437 seats
in the 87th Congress have been re-
ceived and are now on file with the Clerk
of the 86th Congress. The names of
those persons whose credentials show
they were regularly elected in accordance
with the laws of their several States and
of the United States will be called. As
the roll is called, following the alphabeti-
cal order of the States, beginning with
the State of Alabama, Representatives-
elect will answer to their names to deter-
mine whether or not a quorum is present.

The reading clerk will call the roll.

The Clerk called the roll by States, and
the following Representatives-elect an-
swered to their names:

Boykln

Andrews

Roberts

|RoU No. 1)

AUIBAMA

Rains

Selden

ElUott

Jones, Robert

K.
Hixldleston

ALASKA

Rivers, Ralph J. (at large)

AHJZOMA

Rhodes, UdaU

John J.

Oa things
Mills

Miller, Clem
Johnson,
Harold T.

UaUllard
SheUey
Baldwin
Oohelan
MUler, George

P.
Yoiinger

Rogers,
Byron O.

Daddario

Seely-Brown

OlaUno

AKKANSAS

Trimble
Harris

CAUroKKIA

Oubeer
McFaU
Slsk
Teague,

Charles M.
Hagen. Harlan
McDonough
BeU

King, Cecil R.
Hosmer
HoUfleld

COLOBA0O

Domlnlck
Chenoweth

COKMICnCUT

Blbal
Monagan

DKLAWAkX

AUord
NorreU

Smith, Allen H.

Hlestand

Corman

Doyle

Lipscomb

Rousselot

Roosevelt

Sheppard

Saund

Wilson, Bob

AsplnaU

Kowalskl (at
large)

McDoweU (at large)
rumiDA

Madden
HaUeck
Brademas
Chambers

Schwengel

BromweU

Gross

Avery
KUswortb

Stubblefleld
Natcher
Burke, Frank
W.

Hubert
Boggs
Will is
Brooks.
Overton

Garland

Johnson,

■Thomas P.
Brewster

Ck>nte

Boland

PhUbin

Donobue

Morse

Bates

Machrowicz
Meader
Johansen
Hoffman,
Clare K.
Ford
Chamberlain

Qule
Melsen
MacQregor
Karth

Abemethy

VThltten
Smith, Frank

Karsten
Curtis,

"rhomasB.
Bulllvan

Harvey, Ralph
Brace

nroiAMA

Boudebush
Bray
Denton
V^lson, Earl

IOWA

Kyi Jensen

Smltii, Meal Hoeven
Coad

KANSAS

McVey
BbrWer

KENTDCKT

Chelf
Spence
Watts
Perkins

x^oxnsiAMA

Passman
Morrison
Thompson, T.

BCAone
Tupper

MABTLAMD

Garmatc

PaUon

Lankford

MASSACH U BlfriB

Lane

Maodonald
Keith
Curtis,

Lavu«noe
CNelU

MICHIGAN

O'Hara, James

O.
Harvey, James
Grlffln
Cederberg
Knox

Breeding
Dole

aier

McSween

Mclntlre

Frledel

McCorma^
Burke, James
A.

Martin, Josejdi
W.

Bennett, John

B.
Dlggs
DlngeU
Lesinski

omnths

Broomfleld

ICIMNXBOTA

Judd
Marshall
Andersen, H.
CTarl

Mississim

Williams
Winstead '

mssouKi

RandaU
Boiling
HuU
Hall

Blatnik
Langen

Colmer

I(^ord
Cannon
Jones, Paul C.
Moulder

MONTANA

Battln

Olsen

Weaver
Cunningham

NKBRASKA

Beerman

KBVAOA

Martin, Dave

Cramer

FasceU

Haley

i»anng {.rni largc

'J

Bennett,

Herlong

Matthews

NrW HAMPSHIKB

Charles B.

Rogers, Paul

Merrow Baas.

Perkins

Slkes

O.

CIDnRGU

NTW JBUBT

Hagan, G.

Flynt

Davis, John W.

CahUl
Glenn

Frellnghuysen
Dwyer

Rodlno
Addonlzio

KUlott

Davis, James

BUtch

Auchln close

Widnall

Wallhauser

PUcher
Forrester

C.

Vinson

HAwan

Landrum >
Stephens

ThcHnpson,
Frank

Joelson
Osmers

NKW MKXICO

Gallagher
Daniels

Inouye (at large)

Montoya (at Morris (at

IDAHO

large)

large)

Harding

Pfost

NCW TO*K

Pike

Multer

Flno

ILLINOIS

Derounlan

Booney

Dooley

Dawson

Yates

Arends

Becker

Ray

Barry

O'Hara,

Collier

Michel

Halpern

Powell

St. George

Barratt

Puclnskl

Chiperfleld

Addabbo

Undsay

Wharton

Murphy

Flnnegan

Flndley

Holtzman

Santazigelo

O'Brien. Leo

Derwlnskl

Church

Mack

Delaney

Farbeteln

W.

Kluczynskl

Hoffman,

Springer

Anfuso

Ryan

King,

O'Brien,

Elmer J.

Shipley

Keogh

Zelenko

Oarleton t.

Thomas J.

Mason

Price

Kelly

Healey

Stratton

LlbonaU

Anderson,

Gray

Celler

OUbert

KUbum

Rostenkowskl

John B.

Carey

Bunkley

Plmle

22

CX)NGRESSIONAL RECORD — HOUSE

w«w TOHC — Continued

RMilman

Ostertac

Ehilnkl

T»ber

Miller.

Pillion

Boblaon

WUllamB.

OoodeU

WeU

HOITR CABOUMA

Bonner

Scott

Alexander .

Fountain

Komegay

Jonas

Henderson

Lennoa

Whltener

Cooley

Kltchln

Taylor

MOBTH DAKOTA

RTiort (ftt Mygaard (at

large) large)

OHIO

Scherer

Ashley

Bow

Clancy

MoeUer

Ashbrook

Schenck

Cook

Hays

McCuUoch

Devtne

Klrwan

Latta

Moaber

Felgban

Hartha

Ayres

Vanlk

Brown

Moorehead.

Bolton

Betta

Tom V.

OKLAHOMA

MlnshaU

Beloher

Albert

Jarman

Xdmondaon

Steed

oaxooM

Wlckersham

MorbUd

Oreen. Edltb

Dumo

Ullman

PZNlfSTLVAMIA

Barrett

Flood

Baylor

Oranahan

Fen ton

Oavln

Byrne. James

flchwelker

Keams

A.

Rhodes.

Clark

NU

George M.

Morgan

Oreen,

Walter

Fulton

WlUlam J.

Mumma

Moorhead.

ToU

Scbneebell

William 8.

ICUllken

Whalley

Corbett

Curtln

Ooodllng

Holland

Dague

VanZandt

Scran ton

Dent

SHOOS ISLAND

St. Oermaln

Fogarty

SOITTH CABOLIMA

RlTers.It.

Dom

Mendel

BUey

HemphUl

SOUTH DAKOTA

Belfel Berry

Reece

Baker
Frazler

Patman
Brooka. Jack
Beckwoitb
Raybum

Alger
Teague. OUn

■.
powdy

■Tins
Loser
Bms, Boss

Thomas
Thompson.
Olark W.

Thomberry

Poage

Wright

Ikard

Young

Mtirray

Brerett
DaTls. Clifford

Kllgore

Rutherford

Burleson

Rogers. Walter

Mahon

KUday

Fisher

Casey

Peterson

UTAH

King. DaTld S.

Downing
Hardy
Oary
Abbltt

Pelly
Westlaod

Moore
Staggers

flchadeberg

Kastenmeler
Thomson.

Vernon W.
Zablockl

TBtMONT

8taffc»d (at large)

TIXOIIflA

Tuck
PoS

Harrison,
Burr P.

WASBnfOTOir

Hansen
May

WEST TnonnA

Smith.

Howard W.
Jennings
BroyhlU

Tollefson
Magnuson

BaUey
Hechler

WISCONSIN

Reuse

Van Pelt
Laird

Byrnes, John
W.

Kee

Black

Johnson.

Lester R.
O'Konakl

STATEMENT REOARDINa CERTAIN
CREDENTIALS

The Clxrx. The Clerk would like to
state that credentials have been received
showing that the Honorable Aktonio
PERN6s-Issim has been elected Resident
Commissioner from the Commonwealth
of Puerto Rico.

ELECTION OP SPEAKER

The Clkrk. The next order of busi-
ness is the election of a Speaker of the
House of Representatives,

Nominations are now in order.

Mr. WALTER. Mr. Clerk, as chair-
man of the Democratic caucus, I am di-
rected by the unanimous vote of that
caucus to present for election to the
oflBce of the Speaker of the House of
Representatives of the 87th Congress the
name of the Honorable Sam Raybuw*.-*
Representative-elect from the State of
Texas

Mr. HOEVEN. Mr. Clerk, by author-
ity, by direction, and by unsmimous vote
of the Republican conference. I nomi-
nate for Speaker of the House of Repre-
sentatives the Honorable Charles A.
Hallick, a Representative-elect from the
State of Indiana to the 87th Congress.

The Clerk. The Honorable Sam Ray-
Buur. a Representative-elect from the
.State of Texas, and the Honorable
Charles A. Halleck. a Representative-
elect from the State of Indiana, have
been placed in nomination.

Are there further nominations?
[After a pause. 1 If there are no further
nominations, the Clerk will appoint the
following to act as tellers: the gentleman
from Texas, Mr. Burleson ; the gentle-
man from Ohio, Mr. Schenck; the
gentlewoman from Missouri. Mrs. Sulli-
van; and the gentlewoman from Wash-
ington, Mn. Mat.

The tellers will come forward and take
their places at the desk in front of the
Speaker's rostrum.

The roll will now be called, and those
responding will indicate by surname the
nominee of their choice.

The Clerk will call the roll.

The tellers having taken their placM.
the House proceeded to vote for Speake;.

The following is the result of the vote:

(Roll No. 3)
RATBURN— 258

WTOmNQ

EarrlSQn. William Henry (at large)

The Clerk. Four hundred and
twenty-nine Members-elect have an-
swered to their names; a quorum is
present.

CHIbsfft '
Owtnatian
Oray

Oreen, Oreg.

Oreen. Pa.

Ortfflths

Bagan. Oa.

Hagen, Calif.

Haley

Hansen

Harding

Hardy

Harris

Harrison. Va.

Hays

Healey

Hebert

Hechler

Hemphill

Henderson

Herlong

HoUfleld

Holland

Holtzman

Huddleston

HuU

Icliord

Ikard

Inouye

Jarman

Jennings

Joelson

Johnson, Calif.

Johnson, Md.

Johnson. Wis.

Jones. Ala.

Jones, Mo.

Karsten

Karth

Kastenmeler

Kee

KeUy

Keogh

KUday

Kllgore

King. Calif.

King. Utah

Klrwan

Kltchln

Kluczynaki

Komegay

Kowalskl

Landrum

LAne

Lankford

Lennon

Abbltt

Abernethy

Addabbo

Addonlzlo

Albert

Alexander

Alford

Andrews

Anfuso

Ashley

Ashmore

AsplnaU

BaUey

Baring

Barrett

Bass, Tenn.

Beckworth

Bennett, Fla.

Blatnik

Blltch

Boggs

Boland

BoUlng

Bonner

Boykln

Brademas

Breeding

Brewster

Brooks, La.

Brooks. Tex.

Buckley

Burke. Ky.

Burke, Mass.

Burleson

Byrne, Pa.

Cannon

Carey

Casey

Celler

Chelf

Clark

Coad

Cohelan

Colmer

Cook

Cooley

Corman

Daddarlo

Daniels

Davis.

Jamas C.
Davis. John W.
Davis. Tenn.
Dawson
Delaney
Dent
Denton
Dlggs

DlngeU

Donohue

Dom

Dowdy

Downing

Doyle

Dulskt

Edmondson

Elliott

Everett

Kvlns

Fallon

Farbsteln

FasceU

FMghan

Flanegan

Fisher

Flood

Plynt

Fogarty

Forrester

Fountain

Frazler

Fnedel

Gallagher

Garmats

Gary

Oathlngs

Otalmo

LlbonaU

XXMsr

MoCormack

McDoweU

McFaU

McMlUan

MeSveen

Macdonald

Machrowics

Mack

Madden

Magnuson

Mahon

MarahaU

Matthews

MlUer. Clem

Miller.

Oeorge P.
Mills
MoeUer
Monagan
Montoya
Moorhead, Pa.
Morgan
Morris
Morrison
Moes
Moulder
Multer
Murphy
Murray
Natcher
Nix

NorreU
O'Brien, m.
O'Brien. N.T.
CHara, m.
CHara, Mich.
Olsen
CNeUl
Passman
Patman
Perkins
Peterson
Pfoet
Philbin
Pike
PUcber
Poage
PoweU
Price
Puclnikl
Rains
RandaU
ReuBS
Rhodes. Pa.
Riley

Rivera. Alaska
Rivers. 8.C.

January S

Roberts

Rodlno

Rogers, Colo.

Rogers. Fla.

Rogers. Tex.

Rooney

Roosevelt

Rostenkowakl

Ruthsrtord

Rymn

St. Oermaln

Santangelo

Saund

Soott

Selden

Shelley

Sheppard

Shipley

Stkes

Slsk

Slack

Smith, lowm

Smith, Miss.

Smith. Va.

Spence

Staggers

Steed

Stephens

Stratton

Stubblefleld

Sullivan

Taylor

Thomas

Thompson. La.

Thompson. N J.

Thompson, Tex.

Thomberry

ToU

Trimble

Tuck

Udall

Ullman

Vanlk

Vinson

Walter

Watts

Whltener

Whlttcn

Wlckersham

wuilama

WiUU

Wlnstead

Wright

Tates

Young

Eablockl

Zelenko

1961

CONGRESSIONAL RECORD — HOUSE

23

Alger
Andersen,

tClnn.
Anderson, ni.
Arends
Ashbrook
Auchlncloss
Avery '

Ayers -f
Baker
Baldwin
Barry
Baas. N.H.
Bates
BatUn
Becker
Beermann
Belcher
Bell

Bennett. Mich
Berry
BetU
Bolton
Bow
Bray

Bromwell
Broom&eld
Brown
BroyhlU
Bruce

Byrnes. Wis.
Oilhiii

Chamberlain

Chambers

Chenoweth

Chlperlleld

Chiuxrh

Clancy

Collier

Conte

CorbeU

Cramer

Cunningham

Curtln

Cxirtis.:

HALLBCK— 170

Curtis, Mo.
Dague
Derounlan
Derwlnskl
Devlne
Dole

Domlnlck
I Dooley
Dumo
Dwyer
Ellsworth
Fenton
Findley
Flno
Ford

Frellnghuysen
Fulton
Garland
Oavln
Olenn
OoodeU
OoodUng
OrllBn
Oroas
Oubser
Hall
Haliiem
Harrison. Wyo.
Hartfia
Harvey, Mich.
Harvey, Iqd.
Hlestand
Hoeven
Hoffman, HI.
Hoffman. Mich
Hosmsr
Jensen
Johansen
Jonas
Judd
Keams
Keith
Kllbura
King, N.T.
Knox
Kyi

Lstrd

langen

Latta

Lindsay

Llpeoomb

McCuUoch

McDonough

Mclnttre

McVey

MacOregor

Mall 1 lard

Martin. Mass.

Martin. Nebr.

Mason

Mathlas

May

Michel
Miller. N.T.
MllUken

Moore
Moorehead,

Ohio
Morse
Mosher
Mununa
Nelsen
Norblad
Nygaard
Osmers
Ostertag
Pelly
Pillion
Plmle
Poff
Qule
Ray
Reece
Relfel

Rhodsa. Arts.
Riehlman
Roblson
RoxKlebush
RouBselot

i

St. George

Sibal

Wallhausar

Saylor

SUer

Weaver

Schadeberg

South. Caltf .

Weis

Schenck

Springer

Westland

Scherer

Stafford

WhaUey

Scbneebell

Taber

Wharton

Scbwelker

Teague. Calif.

Wldnall

Schwengel

Thomson, Wis.

Wilson, Calif

Scranton

ToUefson

WUson. Ind.

Seely-Brown

Tupper

Younger

Short

Van Pelt

Shrlver

Van Zandt

ANSWKRSD "PRI8KNT"— a

Halleck Raybum

The Clerk. The tellers agree in their
tally. The total number of votes cast
is 430. of which the Honorable Sam Ray-
burn, of TexEis, received 258, and the
Honorable Charles Halleck, of Indiana,
received 170. Two voted "present."

Therefore, the Honorable Sam Ray-
Btnuv. of Texas, is the duly elected
Speaker of the House of Representatives
for the 87th Congress, having received
a majority of the votes cast.

The Clerk appoints the following com-
mittee to escort the Speaker -relect to the
chair: The Honorable John W. Mc-
CosMACK, of Massachusetts, and the
Honorable Charles Halleck, of Indiana.

(The Doorkeeper announced the
Speaker-elect of the House of R^re-
sentatives of the 87th Congress, who was
escorted to the chair by the committee
of escort.)

Mr. HALLECK. Mr. Speaker and my
colleagues of the House of Representa-
tives.

First of all, I think I should thank my
Republican friends for their loyal sup-
port of me, but I want to say at the
outset that this is one contest I did not
expect to win. However, will you permit
me to say that we have narrowed the
gap a little bit. But whatever disap-
pointment I may have experienced as
the result of the loss of this election is
alleviated by the fact that I am here
presenting a distinguished gentleman
whom we must all concede is highly
qualified for the Job. He has served
longer as ^;>eaker than any other man
in the history of the Republic. That
record alone is eloquent testimony of
his fairness, his competence, his vigor,
and his honesty. Today is the 10th time
Speaker Rayburn has been elected
Speaker. Now, very shortly we are go-
ing to wish him many happy returns on
his birthday — I do not know how many
he has had, but I shall be happy to join
in those sentiments, although wishing
him many happy returns of this occasion
is another matter. In any event, I am
happy to say that we are all devoted to
6am Rayburn as a person; we esteem
him as a public servant; we respect his
Integrity; we admire his talents, and
envy his experience. Moreover, we all
appreciate the heavy burdens of the
speakership, an office second only to the
Presidency of the United States.

These are troubled times in which we
live. There will be difficult decisions for
us to make in the years ahead. Many of
the actions we take will have to do with
the maintenance of the free world, and
we all must share the task of arriving
at the best answers to the problems be-
fore us.

There will be times in these next 2
years, as there have been in the past,
when there will be some disagreement

here, and that is as it should be, so long
as we have a two-party syston. I trust
that the time will never come when men
of good will cannot have honest dif-
ferences of opinion on occasion, but let
me give to those of you on the right side
of the aisle and the country my assur-
ance that we in the opposition shall
maintain a responsible opposition. We
shall not be giiilty of any negative ap-
proach. We shall cooperate to build
the economic and military strength of
our country. If the security of our coun-
try is threatened, we shall demonstrate
to everybody the unity and purpose of
a resolute iieople.

Having said as much, it is now my
great privilege to present to you our
distinguished E^aker, a great Ameri-
can, a great citizen from the great State
of Texas, Sam Raybukn.

Mr. RAYBURN. My friend, Mr. Hal-
leck. I thank you for your most generous
words in presenting me again to my col-
leagues, to occupy this high and distin-
guished position.

To my colleagues all in the House of
Representatives, I thank you for your
gracious courtesies of the past. I shall
try to merit your kindness and your
friendship in the years that lie ahead.

To my colleagues on the Democratic
side of the House, I cannot but be deeply
touched by this further evidence of your
confidence and your esteem. To be
sworn into this great office 10 times is
an honor that never came to any other
American. In a few months I will have
doubled the term of Henry Clay who had
served longer as Speaker than any other
man in the history of our country.

I feel a deep sense of humility, be-
cause my talents are not beyond those of
the average Member of the House or the
average American citizen. They are all
good folks and I am proud that after
more than 50 years as a legislator and as
an officeholder, who has been buffeted
sometimes by the waves of politics, I still
have a deep and an abiding faith in peo-
ple. I know that people are good folks:
and I know that when they are geared
to having faith and confidence in you,
you are the only one who can destroy
that faith and that confidence.

As was just said by my friend, Mr.
Halleck, we live in troubled times. I
think that not only America, but Chris-
tian civilization today stands in the
greatest danger it has faced since a
lowly man walked these shores nearly 20
centuries ago preaching peace. There is
peace in the world but it is an uneasy
peace. Some foolish or some overam-
bitious man may start a flame that will
consume all of us.

When the ingenuity of man begins the
task of creating an agency of construc-
tion he reaches a high level. But when
that same hand and mind are devoted to
the task of creating an agency of de-
struction, then they become Just as effi-
cient. Today, the hand and mind of
man have created agencies having the
danger of unspeakable destruction. So
we in this House, in my opinion, face a
serious situation at a time as dangerous
as this or any other country has ever
looked into the face of. It is my prayer,
and shall be my constant prayer, that we
will live up to the tremendous, I might

say the appalling, responsibility that
rests upon each and every one of us.

I do believe when critical hours arise
the Members of this House will do as
they have done in the past, rise to the
occasion and show to the world that
whether Republicans or Democrats we
are all Americans and love and want to
protect, defend, and perpetuate the in-
stitutions of this, the best, the mightiest,
and the freest government that ever
blessed mankind in all the world.

I make no promises except to say that
every man and woman in this House will
be treated like every other Member of
the House and have all the rights of
every other Member of the House, be-
cause you are chosen by ttie people, you
are a selected group. There is not a
district in this country where many men
and women would not like to sit where
you sit today and would run against you
any time they thought they could de-
feat you either in the- primary or in the
general election.

I shaU be Just, I shall be fair, and lead
as the lights are given to me, as I have
in the past, being proud to be a Member
of this House. As I have said to you so
often, the House of Representatives has
been my life, and it is today and it al-
ways has been my love.

Again, I thank you from the bottom
of a grateful heart.

Now I am ready to take the oath of
office, if the gentleman from Georgia
[Mr. Vinson] will administer it.

Mr. VINSON then administered the
oath of office to Mr. Rayburn, of Texas.

SWEARING IN

^

MEMBERS

The SPEAKER. According to the prec-
edent, the Chair is now ready to swear
in all Members of the House. -

Mr. DAVIS of Tennessee. ' Mr. Speak-
er, on my responsibility as a Member-
elect of the 87th Congress, I object
to the oath being administered to the
gentleman from Indiana [Mr. George O.
Chambers]. I base this upon facts and
statements which I consider to be
reliable.

The SPEAKER. The Member-elect
from Indiana will remain in his seat
when other Members take the oath.

Mr. MILLER of New York. Mr.
Speaker, upon my responsibility as a
Member-elect of the 87th Congress, I
object to the oath being administered to
the gentleman from Oklahoma [Mr.
Wickersham], and the gentleman from
Missouri [Mr. Moulder]. I base Uiis
upon facts and statements made to me
which I consider to be reliable.

The SPEAKER. The gentleman from
Oklahoma and the gentleman from Mis-
souri will remain in their seats while
the other Members take the oath of
office.

The Members-elect and the Resident
Commissioner-elect rose and the Speaker
administered the oath of office to than.

QUESTION OF CONTESTED ELEC-
TION IN FIFTH CONGRESSIONAL
DISraiCT, INDIANA

The SPEAKER. The Chair recognizes
the gentleman from Tennessee [Mr.
Davis].

I

3 ,

y

24

CONGRESSIONAL RECORD — HOUSE

Janvxiry S

1961

CONGRESSIONAL RECORD — HOUSE

25

!|

Mr. DAVIS of TennMsee. Mr.Speftker,
I offer a resolution, which I send to the
Clerk's desk.

The Clerk read the resolution (H. Res.
1). as follows:

Jteaolved, That the question ot the right of
J. Edward Rouah or Oeorge O. Chambers,
from the Fifth Clongreaslonal Dlatrlct of
Indiana, to a seat in the 87th Congrees be
referred to the Committee on House Admin-
istration, vhen elected, and said committee
shall have the power to send for persons and
papers and examine witnesses on oath In
relation to the subject matter of this resolu-
tion: and be It further

Resolved. That until such committee shall
report upon and the House decide the ques-
tion of the right of either J. Edward Roush
or George O. Chambers to a seat In the 87th
Congress, neither shall be sworn.

Mr. DAVIS of Tennessee. Mr. Speak-
er, I move the previous question.

Mr. HALLECK. Mr. Speaker, a par-
liamentary inquiry.

The SPEAKER. The gentleman will
state it.

Mr. HALLECK. Mr. Speaker, when
the gentleman from Tennessee moves the
previous question, does that cut off de-
bate on the resolution?

The SPEAKER. It does.

Mr. HALLECK. A further parliamen-
tary Inquiry. Mr. Speaker. If the pre-
vious question Is voted down; would it
be in order then under the precedents of
the House for a resolution to be offered
as an amendment or as a substitute
which would provide for the swearing in
of the gentleman from Indiana [Mr.
Chambers] who has a certificate of elec-
tion from the sovereign State of Indiana
so that he then would go on the pa3rroll
and the matter could then be referred to
the Committee on House Administration
for determination?

The SPEAKER The amendment
would be in order if the previous ques-
tion is voted down.

The question is on ordering the pre-
vious question.

The question was taken.

Mr. HALLECK Mr. Speaker, on that
I demand the yeas and nays.

The yeas and nays were ordered.

The question was taken; and there
were — yeas 252, nays 166, not voting 8,
not sworn 10, as follows:
[Roll No. 8]

TEAS — 262

Abbltt

Abemethy

Addabbo

Addonlzto

Albert

Alexander

Andrews

Anfuso

Ashley

Ashmore

Asplnall

BaUey

Baring

Barrett

Bass, Tenn.

Beckworth

Bennett, Fla.

Blatnlk

BUtch

Boggs

Boland

BolUng

Bonner

Brademaa

Breeding

Brewster

Brooks, La.

Brooks, Tex.

Burke. Ky.

Burke. Mass.

Burleson

Byrne, Pa.

Cannon

Carey

Casey

Celler

Ohelf

Clark

Coad

Cohelan

Cook

Cooley

Corman

Daddarlo

Daniels

Davis,

James C.
DavlB, John W.
Davis, Tenn.
Dawson
Delaney
Dent
Denton
Dlggs
DlngeU
Donohue
Dom
Dowdy

Downing

Doyle

Dulakl

Edmondwn

EUlott

Everett

Evlns

Fallon

Fartwteln

Fascell

Pelghan

Plnnegan

Fisher

Flood

Flynt

Fogarty

Forrester

Fountain

Frazier

Frledel

Gallagher

Oarmats

Gary

Oathings

Olalxno

OUbert

Oranahan

Oray

Green. Ores.

f

Oreen. Pa.

OrUBths

Hagan. Oa.

Hagen, Calif.

Haley

Hansen

Harding

Hardy

Harris

Harrison, Va.

Hays

Healey

H«bert

Hechler

HemphlU

Henderson

Herlong

HoUfleld

Holland

Holtzman

Huddleston

HuU

Ichord

Dcard

Inouye

Jarman

Jennings
Joelson

Johnson, Calif.

Johnson, Md.

Johnson, Wis.

Jones, Ala.

Jones, Mo.

Karsten

Karth

Klastenmeler

Kee

Kelly

Keogh

Kllday

KUgore

King, Calif.

King, Utah

Klrwan

Kltchln

Kluczynski

Komegay

Kowalskl

Landrum

Lane

Lankford

Lennon

Leslnskl

LlbonaU

Loser

McCormack

Alger
Andersen,

Minn.
Anderson. HI.
Arends
Ashbrook
AuchincloM
Avery
Ayres
Baker
Baldwin
Barry
Bass. N.H.
Bates
Battln
Becker
Beerman
Belcher
Bell

Bennett, Mich.
Berry
Betts
Bolton
Bow
Bray

BromweU
Broomfleld
Brown
BroyhlU
Bruce

Byrnes, Wis.
Cahlll
Oederberg
Chamberlain
Chenoweth
Church
Clancy
Collier
Conte
Corbett
Cramer
Cunningham
Curtln
Curtis, Mass.
Curtis, MO.
Dague
Derounlan

McDoweU

McFaU

McMillan

McSween

Maodonald

Machrowica

Mack

Madden

Magnuson

Mahon

Marshall

Matthews

Miller. Clem

MUler.

Oeorge P.
MUls
Moeller
Monacan
Mont«fa
Moorhead, Pa.
Morgan
Morris
Morrison
Moss
Multer
Murphy
Murray
Natcher
Nix
Norrell
O'Brien, ni.
OBrten, N.Y.
O'Hara. 111.
O'Hara, Mich.
Olsen
O'NeUl
Passman
Patman
Perkins
Peterson
Pfost
Phllbln
Pike
Pllcher
Poage
PoweU
Price
Puclnekl
Rains
RandaU
Reuse
Rhodes, Pa.
RUey

Rivers. Alaska
Rivers, B.C.
Roberto

NAYS— 160

Derwlnskl

Devlne

Dole

Domlnlck

Dooley

Dumo

Dwyer

Fenton

Plndley

Flno

Ford

Frellnghuysen

Fulton

Oarland

Gavin

Glenn

Ooodell

a codling

Orlffln

Gross

Gubeer

Hall

Halleck

Halpem

Harrison, Wyo.

Harsha

Harvey, Ind.

Harvey, Mich.

Hlestand

Hoeven

Hoffman, ni.

Hoffman, Mich

Hosmer

Jobansen

Jonas

Judd

Keams

Keith

Kllbum

King, N.T.

Knox

Kyi

Laird

Langen

Latta

Lindsay

UpMomb

Rodlno

Rogers. Oolo.

Rogers. Fla.

Rogers. Tnc

Rooney

Booaevvlt

Rostenkowakl

Rutherford

Ryan

St. Germain

Santangalo

Saund

Scott

Selden

Shelley

Sheppard

Shipley

Slkea

Slsk

Slack

Smith. Iowa

smth. Mlsa.

Smith. Va.

Spence

Staggers

Steed

Stephen*

Stratton

Stubblefteld

Sullivan

Taylor

Thomas

ThomiMon, La.

Thompson, N.J.

Thompson, Tex.

Thomberry

ToU

Trimble

Tuck

UdaU

xniman

Vanlk

Vinson

Walter

WatU

Whltener

Whltten

WUlfaUlM

WillU

Wlnatead

Wright

Tatea

Toimg

Zablockl

Zelenko

McCuUooh

McDonough

Mclntlre

McVey

MacOregor

MaUllard

Martin, Mass.

Martin, Nebr.

Mason

Msthlaa

May

Meader

Merrow

Michel

Miller, N.T.

Mllliken

Mln«hftH

Moore
Moorehead.

Ohio
Morse
Mosher
Mumma
Nelsen
Norblad
Nygaard
Osmers
Ostertag
Felly
PllUon
Plmle
Poff
Qule
R.-ty
Reece
Relfel

Rhodes, Aria.
Rleblman
Roblson
Roudebush
Roussdot
8t. Georg*
Baylor
Schadeberg
Schenck
Scherer
SchneebeU

Schwelker

Schwengri

Sctanton

8e«ly-Brown

Short

Shrlver

Slbal

Slier

Smith. Calif.

Alford

Boykln

Buckley

Springer Weaver

Taber Wela

Teague. Calif. Weetland

Thomaon, Wis. WhaUey

ToUefson Wharton

Tupper Wldnall

Van Pelt WUaon, Calif.

Van Eandt WUson. Ind.

Wallhauser Younger

NOT vonNO— a

Chlperfldd Jenaen
Oolmar Stafford

El U worth

NOT SWORN— 10

Moulder Utt

O'Konakl Wlckeraham

Rabaut
Teague, Tex.

So the previous question was ordered.

The result of the vote was announced
as above recorded.

The SPEAKER. The question is on
agreeing to the resolution.

The question was taken ; and on a di-
vision (demanded by Mr. Hallicx) , there
were — ayes 205, noes 95.

So the resolution was agreed to.

A motion to reconsider was laid on the
table.

Chambers

Grant

Boran

MESSAGE FROM THE SENATE

A message from the Senate by Mr.
Carrell, one of its clerks, announced that
the Senate had passed a concurrent res-
olution of the following title, in which
the concurrence of the House Is re-
quested:

a Ooir. BBS. 1

Concurrent resolution to provide for the
counting on January 8, 1961, of the electoral
votes for President and Vice President of the
United States.

The message also announced that the
Senate had adopted the following resolu-
tions:

8. Hai. 1

Resolved, That a committee consisting at
two Senators be appointed by the Vice Presi-
dent to Join such committee as may be ap-
pointed by the House of Representatives to
wait upon the President of the United States
and inform him that a quorum of each House
Is assembled and that the Congress it ready
to receive any communication he may be
pleased to make.

8. RsB. a

Resolved, TtkaX the Secretary inform the
House of Representatives that a quorum at
the Senata is assembled and that the Senate
is ready to proceed to business.

HON. MORGAN M MOX7LDER

Mr. McCORMACK Mr. Speaker. I
offer a resolution of a preferential nature
and ask for Its immediate consideration.

The Clerk read the resolution (H. Res.
2) as follows:

Resolved, That the gentleman from Mls-
soiui, Mr. MoaoAN M. Moulokb, be now per-
mitted to take the oath of office.

Mr. McCORMACK. Mr. Speaker. I
move the previous question.

Mr. HALLECK. Mr. Speaker, a par-
liamentary inquiry.

The SPEAKER. The gentleman will
state it.

Mr. HALLECK Would the effect of
this resolution, if adopted, be to seat
the gentleman from Missouri [Mr.
MouLDiaJ ?

The SPEAKER. The resolution plain-
ly q;>eak8 for itself, and the answer is
"Yes."

Mr. HALLECK Mr. Speaker, may I
make one further parliamentary in-
quiry?

The SPEAKER. The gentleman will
state It

Mr. HALLECK. Mr. Speaker, If this
resolution is adopted, would that pre-
clude and foreclose any further contest
of these elections before the Committee
on House Administration?

The SPEAKER. The gentleman would
have all the rights he would have xmder
the law.

The question Is on ordering the pre-
vious question.

The previous question was ordered.

The resolution was agreed to.

A motion to reconsider was laid on the
table.

HON. VICTOR WICKERSHAM

Mr. McCORMACK Mr. Speaker, I
offer a resolution (H. Res. 3) of a pref-
erential nature and ask for Its Immedi-
ate consideration.

The Clerk read as follows :

Resolved, That the gentleman from Okla-
homa, Mr. VicTOB WicKZBSHAM, be now per-
mitted to take the oath of ofDoe.

The resolution was agreed to.
A motion to reconsider was laid on
the table.

SWEARINQ IN OF MEMBERS

Mr. MOULDER, Mr. WICKERSHAM,
and Mr. CKONSKI appeared at the bar
of the House and took the oath of office.

MAJORITY LEADER

The SPEAKER. The Chair recognizes
the gentleman from Pennsylvania [Mr.
Walter].

Mr. WALTER. Mr. Speaker, as chair-
man of the Democratic caucus. I have
been directed to report to the House that
the Democratic Members have selected as
majority leader the gentleman from
Massachusetts, the Honorable John W.

McCORMACK.

MINORITY LEADER

The SPEAKER. The Chair recognizes
the gentleman from Iowa [Mr. HoevbnI.

Mr. HOEVEN. Mr. Speaker, as chair-
man of the Republican conference. I am
directed by that conference to officially
notify tiie House that the gentleman
from Indiana, the Honorable Charles A.
Halleck, has been selected as the
minority leader of the House.

ELECTION OP CLERK. SERGEANT AT
ARMS. DOORKEEPER, POSTMAS-
TER. AND CHAPLAIN |

Mr. WALTER. Mr. Speaker. I off* a
resolution (H. Res. 4) which I send to
the desk and ask for Its Immediate con-
sideration.

The Clerk read the resolution, as
follows:

Resolved, That Ralph R. Roberta, at the
Stata of Indiana, be, and he is hereby, chosen
OlM-k ot the House of Representatives;

That Zeake W# Johnson, Jr., of the State
of Tennessee, be, and he Is hereby, chosen
Sergeant at Amos ol the House of Represent-
atives;

That WUIlam U. Sillier, of the State of
Mississippi, be, and he is hereby, chosen
Doorkeeper of the House of Representatives;

That H. H. Morris, of the State of Ken-
tucky, be, and he Is hereby, chosen Post-
master of the House of Representatives;

That Rev. Bernard Braskamp, DD., of the
District of Columbia, be, and he is hereby,
cboeen Chaplain of the House of Represent-
atives.

Mr. HOEVEN. Mr. Speaker, I have a
substitute to the resolution, but before
offering the substitute I request that
there be a division of the question on the
resolution so that we may have a sep-
arate vote on the Chaplain.

The SPEAKER. The question is on
agreeing to that portion of the resolution
providing for the election of the
Chaplain.

The question was taken; and that
portion of the resolution referring to the
election of the Chaplain was agreed to.

The SPEAKER. The Clerk will re-
port the substitute.

The Clerk read as follows:

Substitute resolution offered by lEr.
Hoeven:

Strike out all after the resolving clause
and insert the following:

"That Harry L. Brookshlre, of the State
of Ohio, be, and he Is hereby, chosen Clerk
of the House of Representatives;

"That WUliam R. BonseU, of the State of
Pennsylvania, be, and he Is hereby, chosen
Sergeant at Arms of the House of Repre-
sentatives;

"That Tom J. Kennamer, of the State of
Missouri, be, and he is hereby, chosen Door-
keeper of the House of Representatives;

"Tliat Beecher Hess, of the State of Ohio,
be, and he is hereby, chosen Postmaster of
the House of Representatives."

The SPEAKER. The question Is on
the substitute resolution.

The substitute resolution was rejected.

The SPEAKER. The question is on
the remainder of the resolution offered
by the gentleman from Pennsylvania
[Mr. Walter].

The resolution was agreed to.

The officers-elect presented themselves
at the bar of the House and took the
oath of office.

NOTIFICATION TO SENATE OP OR-
GANIZATION OP HOUSE

Mr. MILLS. Mr. Speaker, I offer a
resolution.
The Clerk read as follows:
H. Res. 5

Resolved, That a message be sent to the
Senate to inform that body that a quonmi
of the House of Representatives has as-
sembled; that Sam Ratbtthk, a Representa-
tive from the State of Texas, has been
elected Speaker; and Ralph R. Roberts, a
citizen of the State of Indiana, Clerk of
the House of Representatives of the Eighty-
seventh Congress.

The SPEAKER. The question is on
the resolution.
The resolution was agreed to.

COMMITTEE TO NOTIPY THE
PRESIDENT

Mr. McCORMACK. lb. Speaker. I of •
f er a resolution.

The Clerk read as follows:

H. Has. 6
Resolved, That a committee of three Mem-
bers be appointed by the Speaker on the part
of the House of Representatives to Join with
a committee on the part of the Senate to
notify the President of the United States
that a quorum of each House has been as-
sembled, and that Congress is ready to re-
ceive any communication that he may be
pleased to make.

The SPEAKER. The question is on
the resolution.

The resolution was agreed to.

The SPEAKER. The Chair appoints
the gentleman from Massachusetts [Mr.
McCORMACK], the gentleman from Penn-
sylvania [Mr. Walter], and the gentle-
man from Indiana [Mr. HalleckI.

INFORMING THE PRESIDENT OP
THE UNITED STATES OF THE
ELECTION OF HON. SAM RAYBURN
AS SPEAKER

Mr. CANNON. Mr. Speaker. I offer a
resolution.
The Clerk read as follows:

H. Rss. 7
Resolved, That the Clerk be Instanicted to
Inform the President of the United States
that the House of Representatives has elected
Sam Ratbuxn, a Representative from the
State of Texas, Speaker, and Ralph R.
Roberts, a citizen of the State of Indiana,
Clerk of the House of Representatives of the
Eighty-seventh Congress.

The SPEAKER. The question is on
the resolution.
The resolution was agreed to.

RULES GOVERNING THE HOUSE OP
REPRESENTATIVES

Mr. SMITH of Virginia. Mr. Speaker,
I offer a resolution.
The Clerk read as follows:
H. Res. 8

Resolved, That the Rules of the House of
Representatives of the 86th Congress, to-
gether with all applicable provisions of the
Legislative Reorganization Act of 1946, as
amended, be, and they are hereby, adopted
as the Rules of the Hovise of Representatives
of the 87th Congress.

The SPEAKER. The question is on
the resolution.

The resolution was agreed to.

A motion to reconsider was iiUd on the
table.

MINORITY EMPLOYEES OF THE
HOUSE OF REPRESENTATIVES

Mr. HOEVEN. Mr. Speaker. I ofier a
resolution.

The Clerk read as follows :
H. Rxs. 9

Resolved, That pursuant to the Legislative
Pay Aot of 1929, as amended, six minority
employees authorized therein shall be the
following-named persons, effective January
8. 1961, until otherwise ordered by the House,
to wit; Harry L. Brookshlre and William R.
Bonsell. to receive gross compensation d
$17,737.60 per annum, respectively; Tom J.
Kennamer, to receive gross compensation of
114.781.25 per anniun; and Beecher Hess, to
receive gross compensation of $IS,007.S0 per
annum.

S

Ml

I

26

CONGRESSIONAL RECORD — HOUSE

January 3

n

The SPEAKER. The question is on
the resolution.

The resolution was agreed to.

RESIGNATION AS A MEMBER OP THE
HOUSE OP REPRESENTATIVES

The SPEAKER laid before the House
the following communication, which was
read:

DXCKMBKX 6, 1980.

The Honorable Sam Ratbttsm,
Speaker, House of Representatives,
Washingtdn, D.C.

Dkak Mk. SPSAKm: I hereby resign as a
Member of the House of Representatives of
the United States, effective midnight, De-
cember 31, 1960.
With kindest personal regards, I am,
Sincerely yours,

Albkrt H. Bosch,
Member of Congress.

[Mr. Thorhbirrt] to fill the vacancy
caused by the resignation of the gentle-
man from Iowa [Mr. Coad] , and the gen-
tleman from Massachusetts [Mr. Cuhtis]
to fill the vacancy caused by the resig-
nation of the gentleman from Pennsyl-
vania [Mr. OORBKTT].

RESIGNATION AS A DELEGATE TO
THE NATO PARLIAMENTARIANS
CONPERENCE

The SPEAKER laid before the House
the following communication, which was
read:

NOVKMBZS 14, 1900.

The Spkakb,

House of Representatives.

Washington, D.C.

Snt: Becaiise of the extreme press of busi-
ness at the present time It Is Impossible for
me to attend thr NATO Parliamentarians
Conference to be held In Paris this week.
Therefore, I hereby submit my resignation
from the House contingent.

I wish to take this opportunity to express

to you my gratitude for your confidence In

me In appointing me. If I may be of service

to you In any way I am yours to command.

Most cordially yours.

MXBWIN Ck)AO.

Representative in Congress.

RESIGNATION AS A DELEGATE TO
THE NATO PARLIAMENTARIANS
CONFERENCE

The SPEAKER laid before the House
the following communication, which was
read:

NOVKMBXK 14, 1960.

Hon. Sam RATsintN,

Speaker, House of Representatives.

Washington, D.C.

Deax Ma. Spkakek: I sincerely regret that
I must tender my resignation as a delegate
to the NATO ParUamentaiians Conference
for the year 1960.

I appreciate very much your having ap<
pointed me.

Very truly yours,

ROBKKT J. CORBCTT,

Member of Congress.

APPOINTMENTS PURSUANT TO THE
ORDER OP THE HOUSE

The SPEAKER. The Chair desires to
announce that pursuant to the order of
the House of August 31, 1960, empower-
ing him to accept resignations and to
appoint commissions, boards, and com-
mittees authorized by law or by the
House, he did, on November 15, 1960,
pursuant to the provisions of section 1,
Public Law 689, 84th Congress, appoint
as members of the U.S. group of the
North Atlantic Treaty Parliamentary
Conference the gentleman from Texas

DAILY HOUR OP MEETING
Mr. SMITH of Virginia. Mr. Speaker,
I offer a resolution (H. Res. 10) and ask
for its immediate consideration.
The Clerk read as follows:
Resolved, That untU otherwise ordered,
the dally hour of meeting of the House of
Representatives shall be at 12 o'clock
meridian.

The resolution was agreed to.
A motion to reconsider was laid on
the table.

AUTHORIZATION TO ADMINISTER

OATH OF OFFICE TO HON. JAMES

B. UTT

Mr. WILSON. Mr. Speaker, I offer a
resolution (H. Res. 11) and ask for its
immediate consideration.

The Clerk read as follows:

Whereas Jamxs B. Utt. a Representative-
elect from the SUte of California, from the
asth District thereof, has been iinable from
sickness to appear In person to be sworn
as a Member of the House, and there being
no contest or question as to his election:
Therefore be it

Resolved. That the Speaker, or deputy
named by him, be, and he is hereby, author-
ized to administer the oath of office to said
Jamks B. Utt at Bethesda, Md., and that the
said oath, when administered as herein au-
thorized, shall be accepted and received by
the House as the oath of office of the said
James B. Utt.

The resolution was agreed to.
A motion to reconsider was laid op the
table.

AUTHORIZATION TO ADMINISTER
OATH OP OFFICE TO HON.
GEORGE M. GRANT

Mr. ELLIOTT. Mr. Speaker, I offer a
resolution (H. Res. 12) and ask for its
Immediate consideration.

The Clerk read as follows:

Whereas George M. Grant, a Representa-
tive-elect from the State of Alabama, from
the Second District thereof, has been unable
from sickness ^o appear in person to be
sworn as a Member of the Rouse, and there
being no contest or question as to his elec-
tion : Therefore be It

Resolved, That the Speaker, or deputy
named by him, be, and he Is hereby, author-
ized to administer the oath of office to said
Geoige M. Grant at Bethesda, Md., and that
the said oath, when administered as herein
authorized, shall be accepted and received
by the House as the oath ot office of the
said George M. Gvant.

The resolution was agreed to.

A motion to reconsider was laid on the
table.

AUTHORIZATION TO ADMINISTER
OATH OP OFFICE TO HON. LOUIS
C. RABAUT

Mr. MACHROWICZ. ,B4r. Speaker, I
offer a resolution (H. Res. 13) and ask
for its immediate consideration.

ITie clerk read as follows :

Whereas Louis C. Rabaut, a Representa-
Uve-elect from the State of Michigan, from
the Fourteenth District thereof, has been
unable from sickness to appear in person to
be sworn as a Member of the House, and
there being no contest or question as to his
election: Therefore be It

Resolved. That the Speaker, or deputy
named by him. be, and he is hereby, au-
thorized to administer the oath of office
to said Louis C. Rabaut at Detroit. Michigan,
and that the said oath, when administered
as herein authorized, shall be accepted and
received by the House as the oath of office
of the said Louis C. Rabaut.

The resolution was agreed to.

A motion to reconsider was laid on the
table.

The SPEAKER. Pursuant to the au-
thority of House Resolution 13. 87th
Congress, the Chair appoints the gentle-
man from Michigan IMr. Mach«owics1
to administer the oath of oCBce to the
Honorable Louis C. Rabattt.

ELECTION OP MEMBERS TO COM-
MITTEE ON WAYS AND MEANS

Mr. WALTER. Mr. Speaker, I offer a
resolution (H. Res. 14) and ask for its
immediate consideration.

The Clerk read as follows:

Resolved. That the following-named Mem-
bers be, and they are hereby, elected mem-
bers of the standing committee of the House
df Representatives on Ways and Means:

Wiubur D. Mnxa (cbalrarxan), Arkansas;
Cxcu. R. EUno, California; Thomas J.
03RiBir, lUlnols; Hals Booos. Louisiana:
Euoenx J. Kbogh, New York; Buaa P. Habbi-
soN, Virginia; Fbank M. Kabstkn, Missouri;
A. S. Herlono, Jb., Florida: Frank Ikaro.
Texas; Thaddkus M. Macmrowicz. Michigan;
Jambs B. Frazibb, Jr.. Tennessee; William J.
Crbzm, Jr., Pennsylvania; Johm C. Watts.
Kentucky; Al Ullman, Oregon; Jambs A.
BxniKB, Massachusetts.

The resolution was agrreed to.
A motion to reconsider was laid on
the table.

REPORT Oy COMMITTEE TO NOTIFY
THE PRESIDENT

Mr. McCORMACK. Mr. Speaker,
your committee appointed on the part
of the House to Join a like committee on
the part of the Senate to notify the
President of the United States that a
quorum of each House has been assem-
bled and is ready to receive any com-
munication that he may be pleased to
make has performed that duty. The
President of the United States requested
that the committee state that he would
communicate to the Congress a message
in writing on January 12, 1961.

PROVIDING FOR A JOINT SESSION
TO COUNT ELECTORAL VOTES

Mr. McCORMACK. Mr. Speaker, I
offer a resolution (S. Con. Res. 1) and
ask for its immediate consideration.

The Clerk read the concurrent resolu-
tion, as follows:

Resolved by the Senate ( the House of Rep-
resentatives concurring). That the two
Houses of Congress shall meet in the Hall
of the House of Representatives on Friday,
the eth day of January 1901, at 1 o'clock
poet meridian, pursuant to the requirements

Oft

rONrfiRESSIONAL RECORD — HOUSE

Janiiary S

1961

CONGRESSIONAL RECORD — HOUSE

27

of the Constitution and laws relating to the
election of President and Vice President of
the United States, and the President of the
Senate shall be tholr presiding officer; that
two teUers shall be previously appointed by
the President of the Senate on the part of
the Senate and two by the Speaker on the
part of the House of Representatives, to
whom shall be handed, as they are opened
by the President of the Senate, aU the cer-
tificates and papers purp<Hting to be cer-
tificates of the electoral votes, which oer-
tlflcates shaU be opened, presented, and
acted upon in the alphabetical order of the
States, beginning with the letter "A", and
said tellers, having then read the same in
the presence and hearing of the two Houses,
shall make a list of the votes as they shaU
appear from the said certificates ; and the
votes having been ascertained and counted
In the manner and according to the rules by
law provided, the result of the same sbaU
be delivered to the President of the Senate,
who shall thereupon announce the state of
the vote, which announcement shaU be
deemed a sufficient declaration of the per-
sons, if any, elected President and Vice
President of the UtUted States, and. together
with a list of the votes, be entered on the
Journals of the two Houses.

The concurrent resolution wa& agreed
to.

The SPEAKER. Pursuant to the pro-
visions of Senate Concurrent Resolu-
tion 1, the Chair appoints as teUers on
the part of the House to count the elec-
toral votes on January 6, 1961. the gen-
tlewoman from New York [Mrs. Kelly]
and the gentlewoman from Ohio [Mrs.

BOLTOH] .

APPOINTMENT OF DEMOCRATIC
WHIP

Mr. McCORMACK. Mr. Speaker. I
desire to announce to the House, and my
announcement is a great pleasure to me
both as an official and a personal an-
nouncement, the appointment as the
Democratic whip for the present Con-
gress of the distlnguLshed gentleman
from Oklahoma [Mr. Albert].

AUTHORIZINa SPEAKER TO DE-
CLARE A RECESS ON JANUARY 6.
1961

Bfr. McCORMACK. Mr. Speaker. I
ask unanimous consent that on January
6. 1961, it may be in order for the Speaker
to declare a recess at any time subject to
the call of the Chair.

The SPEAKER Is there objection to
the request of the gentleman from
Massachusetts?

There was no objection.

JOINT COMMITTEE TO MAKE AR-
RANGEMENTS FOR INAUGURA-
TION OP THE PRESIDENT-ELECTT
AND VICE PRESIDENT-ELECT

Mr. McCORMACK. Mr. Speaker. I
offer a concurrent resolution (H. Con.
Res. I) and ask for its immediate con-
sideration.

The Clerk read the concurrent resolu-
tion, as follows:

Resolved by the House of Representatives
(the Senate concurring) , That effective from
January 3. 1661, the Joint committee created
by Senate Conctxrrent Resolution 93, of the
Sighty-sixth Congress, to make the necessary
arrangements for the inauguration of the

President-elect and Vice President-elect of
the United States on the 30th day of January
1961, Is hereby continued and for such pur-
pose shaU have the same power and author-
ity as that conferred by such Senate Con-
current Resolution 93, ot the Eighty-sixth
Congress.

The concurrent resolution was agreed
to.

A motion to reconsider was laid on the
table.

COMPENSATION OF JAMES P.
GRIFFIN

Mr. HOEVEN. Mr. Speaker, I offer a
resolution (H. Res. 15) and ask for its
immediate consideration.

The Clerk read the resolution, as fol-
lows:

Resolved, That pursuant to the Legislative
Pay Act of 1939, as amended, the following-
named person, effective January 3, 1961, imtil
otherwise ordered by the House, to wit:
James P. Gtrlflln (minority pair clerk), shall
receive compensation at the basic rate of
$5,000 per annxun.

The resolution was agreed to.
A motion to reconsider was laid on the
table.

INTRODUCTION AND REFERENCE OF
BILL6 TODAY

The SPEAKER. The Chair would like
to make a statement concerning the in-
troduction and reference of bills today.

As Members are aware, they have the
privilege today of introducing bills.
Heretofore on the opening day of a new
Congress several thousand bills have
been Introduced. It will be readily ap-
parent to all Members that it may be a
physical impossibility for the Speaker to
examine each bill for reference today.
The Chair will do his best to refer as
many -bills as possible, but he will ask
the indulgence of Members if he is unable
to refer all the bills that may be in-
troduced. Those bills which are not re-
ferred and do not appear in the Record
as of today will be included in the next
day's Record and printed with a date as
of today. The Chair feels that he should
make this statement at this time so that
Members of the House may understand.

EMPLOYMENT AND COMPENSATION
OF COMMITTEE EliCPLOYEES

Mr. McCORMACK. Mr. Speaker, I
offer a resolution (H. Res. 16) and ask
for its Immediate consideration.

The Clerk read the resolution as fol-
lows:

Resolved, That standing committees at
the House shall have authority to approve
the employment and compensation of com-
mittee employees (other than special and
select committee employees) from the effec-
tive date of the t>eglnning of each Congress,
or such subsequent date as their service com-
menced.

The resolution was agreed to.
A motion to reconsider was laid on the
teble.

The Clerk read the resolution (H. Rea.
17), as follows:

Whereas by the privileges ot this House no
evidence of a documentary charact^ under
the control and in the possession of the
House of Representatives can, by the man-
date of process of the ordinary courts of
Justice, be taken from such control or pos-
session except by its permission: Therefore
belt

Resolved. That when it appears by the
order of any court In the United States or
a Judge thereof, or of any legal ofllcer charged
with the administration of the orders of such
court or Judge, that documentary evidence
in the possession and imder the control of
the House is n<:!edful for use In any court
of Justice or before any Judge or such legal
officer, for the promotion of Justice, this
House will take such action thereon as will
promote the ends of Justice consistently with
the privileges and rights of this House; be
it further

Resolved. That during any recess or ad-
journment of the 87th Congress, when a sub-
pena or other order for the production or dis-
closure of information is by the due process
of any court In the United States served
i^xsn any Member, officer, or employee of the
House of Representatives, directing appear-
ance as a witness before the said coxirt at
any time and the production of certain and
sundry papers in the possession and under
the control of the House of Representatives,
that any such Member, officer, or employee of
the House be authorised to appear before
said court at the place and time named in
any such subpena or order, but no papers
or documents in the possession or under
the control of the Hoiise of Representatives
shall be produced in response thereto; and
be it further

Resolved, That when any said court deter-
mines upon the materiality and the rele-
vancy of the papers or documents c&Ued for
in the subpena or other order, then said
court, through any of Its officers or agents
shall have nui permission to attend with aU
proper parties to the proceedings before said
court and at a place under the orders and
control of the House of Representatives and
take copies of the said documents or papers
and the Clerk of the Ho\ise is authorlaed to
supply certified copies of such documents
that the court has found to be material and
relevant, except that under no circimistances
shall any minutes or transcripts of executive
sessions, or any evidence of witnesses In re-
spect thereto, be disclosed (h* copied, nor
ShaU the possession at said documents and
papers by any Member, officer, or employee of
the House be disturbed or removed from
their place of file or custody under said
Member, officer, or employee: and be It
further

Resolved, That a copy of these resolutions
be transmitted by the Clerk of the Ho\ue
to any of said courts whenever such writs of
subpena or other orders are Issued and served
as aforesaid.

The SPEAKER. The question is on
agreeing to the resolution.

The resolution was agreed to.

A motion to reconsider was laid cm the
table.

H

PRIVILEQES OF THE HOUSE

Mr. McCORMACK. Mr. Speaker. I of-
fer a resolution and ask for its immedi-
ate consideration.

HOUSE OFFIC^E BUILDINa
COMMISSION

The SPEAKER. Pursuant to the pro-
visiODS of 40 United States Code 175 and
176, the Chair appoints the gentleman
from Georgia, Mr. Vinson, and the
goitleman from New Jersey, Mr. Aucnnr-
cLoss, as members of the House OfBce
Building Commission to serve with him-
self.

< I

1961

CONGRESSIONAL RFrOHn — HOTKF

9Q

II

I
I
I

28

CONGRESSIONAL RECORD — HOUSE

Jamuiry 3

THE liATE HONORABLE EDITH
NOURSE ROGERS. \ REPRESENT-
ATIVE FROM THE STATE OP
MASSACHUSETTS

Mr. MARTIN. Mr. Speaker, I offer a
resolution and ask for its immediate
consideration.

The Clerk read the resolution (H. Res.
18). as follows:

Resolved, That the Houae has heard with
protound sorrow of the death of the Honor-
able Kdith Nouxsx RooDts, a Representative
from the State of Massachusetts.

Resolved, That the Clerk communicate
these resolutions to the Senate and transmit
a copy thereof to the family of the deceased.

The resolution was agreed to.
A motion to reconsider was laid on the
toble.

THE LATE HONORABLE KEITH
THOMSON, A REPRESENTATIVE
FROM THE STATE OP WYOMING

Mr. HALLECK. Mr. Speaker. I offer
a resolution and ask for its immediate
consideration.

The Clerk read the resolution (H. Res.

19) as follows:

Resolved, That the House has heard with
profound sorrow of the death of the Hon-
orable Kdtr Tromsom, a Representative of
the State of Wyoming.

Resolved, That the Clerk communicate
these resolutions to the Senate and transmit
a copy thereof to the family of the deceased.

The resolution was agreed to.
A motion to reconsider was laid on the
table.

THE LATE HONORABLE THOMAS C.
HENNING8, JR., A SENATOR FROM
THE STATE OF MISSOURI

Mr. CANNON. Mr. Speaker, I offer a
resolution and ask for its immediate
consideration.

The Clerk read the resolution (H. Res.

20) as follows:

Resolved, That the House has heard with
profound sorrow of the death of the Honor-
able Thomas C. Hsnionos, Jh., a Senator of
the United States from the State of Missouri.

Resolved, That the Clerk communicate
these resolutions to the Senate and transmit
a copy thereof to the family of the deceased
Senator.

The resolution was agreed to.
A motion to reconsider was laid on the
table.

ADJOURNMENT

Mr. McCORMACK. Mr. Speaker, as
a further mark of respect to the memory
of the deceased, I move that the House
do now adjourn.

The motion was agreed to; accordingly
(at 2 o'clock and 30 minutes p.m.),
the House adjourned iintll tomorrow.
Wednesday. January 4. 1961, at 12
o'clock noon.

EXECUTIVE COMMUNICATIONS,
ETC.

The following executive communica-
tion was submitted subsequent to the
adjournment of the 86th Congress. 2d
session, pursuant to House Resolution
645, 86th Congress. »*»'-

2436. A letter from the OomptroUer Gen-
eral of the United SUtes, transmltUn«; short-
form report on the audU of the Panama Ca-
nal Company, fiscal year 1900. pursuant to
the Oovernment Corporation Control Act (31
U.8.C. 841) (H. Doc. No. 458): to the Com-
mittee on Oovernment Operations and or-
dered to be printed pursuant to House Reso-
lution 640, agreed to Septenibmr 1 ( leglslfctlve
day, August 31), 1900.

( Submitted January 3, 1991\
Under clause 2 of rule X3tIV. execu-
tive communications were taken from
the Speaker's table and referred as
follows:

1. A letter from the Clerk. UJB. House of
Representatives, transmitting a list of reports
which it Is the duty of any ofUcer or de-
partment to make to Congress, pursuant to
rule m. clause 2, of the Rules of the House
of Representatives (H. Doc. No. 23); to the
committee on House Administration and
OTdered to be printed.

2. A letter from the Clerk. UJB. House of
Representatives, transmitting a report for
the period July 1, 1959, to June 30, 1900, pur-
suant to the provisions of paragraphs 108
and 104 of title 2 of the Code of Laws of the
United States: to the Committee on House
Administration.

8. A letter from the Director, Office of Civil
and Defense Mobilization, Executive OfBce of
the President, transmitting the Statistical
Supplement, Stockpile Report for the period
ending June 80. 1960, pursuant to section 4
otf the Strategic and Critical Materials Stock
PUlng Act. Public Law 520, 79th Congress; to
the Committee on Armed Services.

4. A letter from the Comptroller General
of the United States, transmitting the find-
ings resulting from initial review of the bal-
listic missile programs of the Department of
the Air Force; to the Committee on Govern-
ment Operations.

6. A letter from the Governor, Farm Credit
Administration, transmitting the 27th An-
nual Report of the Farm Credit Administra-
tion on the work of the cooperative farm
credit system (including the report of the
Federal Farm Credit Board), covolng the
fiscal year ended June 30, 1900, pursuant to
section 8 of the Federal Farm Loan Act, as
amended (H. Doc. No. 18) ; to the ComnUttee
on Agriculture and ordered to be printed with
Illustrations.

6. A letter from the Chairman, National
Advisory Council on International Mone-
tary and Financial Problems, transmitting
a report by the National Advisory Council
on International Monetary and Financial
Problems on Its activities during the period
July 1 to December 31, 1969, pursuant to
the Bretton Woods Agreements Act (H. Doc.
No. 37); to the Committee on Banking and
Ciurency and ordered to be printed.

7. A letter from the Assistant Secretary
of State, transmitting the text of Interna-
tional Labor Organization Recommendation
(No. 109). which was adopted at the 4l8t
(maritime) session of the International
Labor Conference at Geneva on May 14. 1958,
pursuant to article 19 of the constitution of
that organization (H. Doc. No. 38); to the
Committee on Foreign Affairs and ordered
to be printed.

8. A letter from the Under Secretary of
the Interior, transmitting a report on the
Agate Dam and Reservoir, Talent division.
Rogue River Basin project, Oregon, pursuant
to section 9(a) of the Reclamation Project
Act of 1939 (53 Stat. 1187) (H. Doc. No. 39);
to the Conunlttee on Interior and Insular
Affairs and ordered to be printed with
Illustrations.

9. A letter from the Acting Secretary of
the Interior, transmitting a report on a plan
of development for the proposed Crater-Long
Lakes division, Snettisham project, Alaska,
pursuant to ths act of August 9, 1955 (69
Stat. 618) (H. Doc. No. 40); to the Commit-

tee on Interior and Insular Affairs and or-
dered to b« printed with lllustraUons.

10. A letter from the National Adjutant,
Disabled American Veterans, transmitting
reports and proceedings of the Disabled
American Veterans held at their national
gathMing in SeatUe, Wash.. A\igust 22
throxigh 26. 1900. pursuant to Public Law
249, 77th Congress (H. Doc. No. 41); to the
Conunlttee on Veterans' Affairs and ordered
to be printed with illustrations.

11. A letter from the Assistant Secretary
of State, transmlUlng copy of Resolution No.
40 of the City Council of the City of Bacolod,
Republic of the PhUlppinee. expressing the
gratitude of the council for the Increase In
the amount of sugar authorised for Importa-
tion into the United States from the Re-
public of the Philippines: to the Committee
on Agriculture.

12. A letter from the Assistant Secretary of
State, transmitting copy of Resolution No.
1021 of the Provincial Board of Negros Occi-
dental, Republic of the Philippines, express-
ing the gratitude of the board for the recent
increase In the amount of sugar authorised
for Importation into the United States from
the Republic of the PhiUpplnes; to the Com-
mittee on Agriculture.

13. A letter from the Secretary of the In-
terior, Chairman. Migratory Bird Conserva-
tion Commission, transmitting report of the
Migratory Bird Conservation Commission for
the fiscal year ended June 30, 1960, pursuant
to section 3 of the act of Congress approved
February 18. 1929 (45 SUt. 1222. United
States Code, title 16, s«c. 715b) ; to the Com-
mittee on Agriculture.

14. A letter from the Acting Secretary of
AgrlcfUiture, transmitting a proposed draft
of a bill entitled, "a bill to amend the act
of June 22. 1948, as amended, relating to
certain areas within the Superior National
Forest, in the State of Minnesota, and for
other purposes": to the Committee on Agri-
culture.

15. A letter from the Administrator. For-
eign Agricultural Service. UB. Department of
Agriculture, transmitting a report of agree-
ments concluded during September 1960 un-
der title I of the Agricultural Trade Develop-
ment and Assistance Act of 1954. Public I^w
480. 83d Congress. Pxirsuant to Public Law
85-128; to the Committee on Agriculture.

16. A letter from the Under Secretary of
Agriculture, transmitting the annual report
pursuant to section 201(b), Public Law 640.
84th Congress: to the Committee on Agricul-
ture.

17. A letter from the Administrator, For-
eign Agrlcult\iral Service, XSS. Department of
Agrlcultxire, transmitting a report of agree-
ments concluded August 1960 Under Title X
of the Agricultural Trade Development and
Assistance Act of 1954. (Public Law 480, 88d
Cong.), as amended, pursuant to Public Law
85-128; to the Committee on Agriculture.

18. A letter from the Administrator, For-
eign Agrlctiltural Service, UJB. Department
of Agriculture, transmitting a report of
agreements concluded during November 1960
under title I of the Agricultural Trade De-
velopment and Assistance Act of 1954 (Public
Law 480, 83d Congress), as amended, pur-
suant to Public Law 85-128; to the Commit-
tee on Agriculture.

19. A letter from the Acting Administrator,
Foreign Agricultural Service, U.S. Depart-
ment of Agriculture, transmitting a report
of agreements concluded during October 1960
under title I of the Agricultural Trade De-
velopment and Assistance Act of 1954. Public
Law 480. 83d Congress, as amended, pursuant
to Public Law 8fr-128; to the Committee on
Agriculture.

20. A letter from the Director, Bureau of
the Budget, Executive OiDce of the President,
transmitting a report that the appropria-
tion to the Department of Labor for "Unem-
plojrment compensation for Federal em-
ployees and ex-servicemen," for the fiscal

1961

CONGRESSIONAL RECORD — HOUSE

29

year 1061. has been apportioned on a basis
that Indicates the necessity for a supple-
mental estimate of approjirlation, pursuant
to section 8679 of the Revised Statutes, as
amended (31 UB.C. 605); to the Committee
on Appropriations.

21. A letter from the Director, Bureau of
the Budget, executive Office of the President,
transmitting a report that the appropriation
to the Department of Labor for "Unemploy-
ment compensation for Federal employees
and ex-servicemen," for the fiscal year 1961,
has been apportioned on a basis that in-
dicates the necessity for an additional sup-
plemental estimate of appropriation, pur-
suant to section 3679 of the Revised Statutes,
as amended (31 U.S.C. 605); to the Commit-
tee on Appropriations.

22. A letter from the Director. Bxireau of
the Budget. Executive Office of the President,
transmitting a report showing that the ap-
propriation out of the postal fund for "Trans-
portation" for the fiscal year 1961, has been
reapportioned on a basis which indicates
the neceasity for a supplemental estimate of
api»t>prlatlon, pursuant to section 8679 of
the Revised Statutes, as amended (31 U.S.C.
005) ; to the Committee on Appropriations.

23. A letter frc»n the Director, Btu-eau of
the Budget, Executive Office of the President,
transmitting a report that the appropria-
tion to the Depcu^ment of Defense for "Op-
eration and maintenance. Air National
Guard" for the fiscal year 1961 has been re-
apportioned on a basis which indicates the
necessity for a supplemental estimate of im-
propriation for increased pay costs, pursuant
to section 3679 of the Revised Statutes, as
amended (31 U.8.C. 006); to the Committee
on Appropriations.

24. A letter from the Director, Biu«au of
the Budget, Executive Office of the President,
transmitting a ref>ort that the appropriation
to the Department of Labor for "Grants to
States for unemployment compensation and
employment service administration," for Uie
fiscal year 1900, has been reapportioned on
a basis which indicates the necessity for a
supplemental estimate of appropriation, pur-
suant to section 3079 of the Revised Statutes,
as amended, (31 UB.C. 005); to the Commit-
tee on Appropriations.

25. A letter from the Director, Biu'eau of
the Budget, Executive Office of the Presi-
dent, transmitting a report that the appro-
priation to the Depcu-tment of Health, Edu-
cation, and Welfare for "Salaries and ex-
penses, Biveau of Public Assistance." for the
fiscal year 1901, has been apportioned on a
basis which Indicates the necessity for a
supplemental estimate of appropriation, pxir-
suant to section 3679 of the Revised Statutes,
as amended (31 U.S.C. 005); to the Commit-
tee on ApproiM-iatlons.

20. A letter from the Director, Bureau of
the Budget, Executive Office ctf the Presi-
dent, transmitting a report that the appro-
priation to the Department of State for
"Emergencies in the diplomatic and consu-
lar service," for the fiscal year 1961, has been
apTx>rtioned on a basis which Indicates the
necessity for a supplemental estimate of ap-
propriation, pursuant to section 3679 of the
Revised Statutes, as amended (81 U.8.C.
665); to the Committee on Appropriations.

27. A letter from the Acting Director, Bu-
reau of the Budget. Executive Office of the
President, transmitting a letter dated De-
cember 27, 1960. showing that the appropria-
tion to the Treasury Department for "Sal-
aries and expenses. U.b. Secret Service" for
the fiscal year 1961. had been reapportioned
on a basis Indicating a need for a supple-
mental estimate of appropriation for in-
creased pay costs, ptirsuant to section 3679
of the Revised Statutes, as amended (31
U.S.C. 005); to the Committee on Appropria-
tions.

28. A letter from the Acting Director, Bu-
reau of the Budget, Executive Office of the

President, transmitting a letter dated Sep-
tember 10, 1900, reporUng that the appro-
priation to the Department of the Interior
for "Resources Management," Bureau of In-
dian Affairs, for the fiscal year 1961, has
been reapportioned on a basis which indi-
cates the necessity for a supplemental esti-
mate of appropriation, pursuant to section
8679 of the Revised Statutes, as amended (31
U.S.C. 665); to the Committee on Appro-
priations.

29. A letto" from the Acting Director. Bu-
reau of the Budget, Executive Office of the
President, transmitting a report that the
appropriation to the Department of the In-
terior for "Management and protection," Na-
tional Park Service, for the fiscal year 1961,
has been reapportioned on a basis which
Indicates the necessity for a supplemental
estimate of appropriation, pursuant to sec-
tion 3679 of the Revised Statutes, as amended
(31 UB.C. 665) ; to the Conmiittee on Appro-
priations.

30. A letter from the Acting Director, Bu-
reau of the Budget, Executive Office of the
President, transmitting a report that the
appropwlatlon to the Department of the In-
terior for "Management of lands and re-
sources," Bureau of Land Management, for
the fiscal year 1961, has been reapportioned
on a basis which indicates the necessity for a
supplemental estimate of appropriation, pur-
suant to section 8679 of the Revised Stat-
utes, as amended (31 UjB.C. 665); to the
Committee on Appropriations.

31. A letter from the Acting Director, Bu-
reau of the Budget, Executive Office of the
President, transmitting a report that the ap-
propriation to the D^artment of Labor for
"Salaries and expenses. Bureau of Employees'
Compensation," for the fiscal year 1901, has
been apportioned on a basis which indicates
the necessity for a supplemental estimate of
appropriation, pursuant to section 3679 of
ihit Revised Statutes, as amended (31 UJ3.C.
665) ; to the Committee on Approi»-iatlons.

32. A letter from the Acting Director. Bu-
reau ot the Budget, Executive Office of the
President, transmitting a report that the ap-
propriation for the Department of LabCH* for
"Salaries and exi}en£es. Bureau of Employees'
Compensation" for the fiscal year 1961, had
been apportioned on a basis indicating a
need for a supplemental estimate of appro-
priation, as required by section 3679 of the
Revised Statutes, as amended (31 UJ3.C. 665) ;
to the Conunlttee on Apprc^rlations.

33. A letter from the Acting Director, Bu-
reau of the Budget, Executive Office ot the
President, transmitting a report that the
appropriation to the Department of Health,
Education, and Welfare for "Salaries and ex-
penses. Bureau of Old-Age and Survivors In-
surance," for fiscal year 1961, has been ap-
portioned on a basis which Indicates the
necessity for a supplemental estimate of ap-
propriation, pursuant to section 3679 of the
Revised Statutes, as amended (31 U.S.C.
665) ; to the Committee on Appropriations.

34. A letter from the Acting Director, Bu-
reau of the Budget, Executive OflBce of the
President, transmitting a repcwt that the ap-
propriation to the Department of Health,
Education, and Welfare for "Salaries and ex-
penses. Office of the General Cotmsel," for
the fiscal year 1961, has been apportioned on
a basis which indicates the necessity tot a
supplemental estimate of appropriation, ptu*-
suant to section 3679 of the Revised Stat-
utes, as amended (31 U.S.C. 665); to the
Committee on Appropriations.

35. A letter frcan the Acting Director,
Bureau of the Budget, Executive Office of the
President, transmitting a report that t^e ap-
propriation to the Department of Health,
Education, and Welfare for "Grants to States
for public assistance," for the fiscal year 1961,
has been reapportioned on a basis which
Indicates the necessity for a supplemental
estimate of appropriation, pursuant to sec-

tion 3079 of the Revised Statutes, as amended
(31 U.S.C. 005) ; to the Committee on Appro-
priations.

36. A letter ttom the Acting Director,
Bureau of the Budget, Executive Office of the
President, transmitting a report showing that
the appropriation to the Department of Agri-
culture for "Forest protection and utiliza-
tion," Forest Service, of the fiscal year 1961,
has been reapportioned on a basis wlilch in-
dicates the necessity for a supplemental esti-
mate of apprc^rlatlon, pursuant to section
3679 of the Revised Statutes, as amended (81
U.S.C. 665) ; to the Committee on Appropria-
tions.

87. A letter from the Acting Director,
Bvireau of the Budget. Executive Office of
the President, transmitting a report that the
appropriation for "Salaries and expenses. Of-
fice of the Administrator," Housing and
Home Finance Agency, for the fiscal year
1961, has been reapportioned on a basis which
indicates the necessity for a supplemental
estimate, pursuant to section 3679 of the
Revised Statutes, as amended (31 U.S.C.
665); to the Committee on Appropriations.

38. A letter from the Acting Director,
Biireau of the Budget, Executive Office of the
President, transmitting a report that the
appropriation to the Department of Health,
Education, and Welfare for "Salaries and ex-
penses. Office of Field Administration," for
the fiscal year 1961. has been apportioned
on a basis which Indicates the necessity for
a supplemental estimate of appropriation,
pursuant to section 3679 of the Revised
Statutes, as amended (31 U.S.C. 665); to the
Conunlttee on Appropriations.

39. A letter from the Acting Director,
Bureau of the Bxidget, Executive Office of the
President, transmitting a report that the
appropriation to the Department ot Labor
for "Employees' compensation, claims and
expenses," for the fiscal year 1961, has l>een
apportioned on a basis which indicates the
necessity for a supplemental estimate of ap-
propriation, piirsuant to section 3679 of the
Revised Statutes, as amended (31 U.S.C.
066): to the Committee on Appropriations.

40. A letter from the Secretary of Com-
merce, transmitting a repent of violations
of obligations dmring the fiscal year 1900 in
excess of the amount avaUabie in the ap-
propriation for that fiscal year, pursuant to
section 3679 of the Revised Statutes, as
amended; to the Committee on Appropria-
tions.

41. A letter from the Acting Secretary of
Agrlculttire, transmitting the AprU 1960 re-
port of the General Sales Manager on Com-
modity O-edit Corporation sales policies,
activities, and dispositions; to the Conunlt-
tee on Appropriations.

42. A letter from the Acting Secretary of
Agriculture, transmitting the Blay 1960 re-
port of the General Sales Manager, Com-
modity Credit Corporation, concerning tlie
policies, activities, and developments, in-
cluding all sales and disposals, with regard
to each commodity which the Commodity
Credit Corporation owns or wliich it is di-
rected to support, for the information of the
House of Representatives; to the Committee
on Appropriations.

43. A letter from the Assistant Secretary of
Agrlcultxuw, transmitting the Jiuie 1960 re-
port of the General Sales Manager on Com-
modity Credit Corporation sales poUcies, ac-
tivities, and dispositions; to the Committee
on Appropriations.

44. A letter from the Assistant Secretary of
Agricult\u-e, transmitting the July 1960 re-
port of the General Sales Manager on Com-
modity Credit Corporation sales policies, ac-
tivities, and dispositions; to the Committee
on Appropriations.

45. A letter from the Deputy Secretary of
Defense, transmitting several reports cover-
ing violations of section 3679. Revised Stat-
utes, and Department of Defense Directive

11

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f0

TaOO.l, "AdmlnlstrtitlVQ Ckuitrol of Appro-
prtationa within tlxe Dep>artment of De-
fense," pursuant to sectlcn 3679(1) (2) of
tbe statute: to the Conunlttee on Appropria-
tions.

46. A letter from the AcUng Secretary. De-
partment of Health, EducaUon. and Welfare;
tran mlttlng a report of violations of admin-
istrative control of fxinds procedures In con-
nection wltb the obligation of funds In
excess of aniounts allotted from two of the
appropriations, as of June 30, 1958, and De-
cember 31. 1969, pursuant to section 3679 of
the Revised Statutes, as amended (31 U^S.C.
666): to the Committee on Appropriations.

47. A letter from the Acting Secretary of
the Interior, transmitting a certlflcatlon that
an adequate soil surrey and land classifica-
tion has been made of the lands In the
■den project. Wyoming, and that the lands
to be irrigated are susceptible to the produc-
tton of agricultural crops by means of Irri-
gation, pursuant to Public Law 172. 83d
Congress; to the Committee on Appropria-
tions.

48. A letter from the Assistant Secretary
at the Interior, transmitting a certlflcatlon
that an adequate soil survey and land clas-
■Iflcatkm has been made of the lands In the
Almena unit and that the lands to be Irri-
gated are susceptible to the production of
■grlcultiiral crops by means of Irrigation,
pursuant to Public Law 17a, 8Sd Congress;
to the Oonunlttee on Appropriations.

49. A letter from the Afislstant Secretary
of the Interior, transmitting a certlflcatlon
that an adequate soil survey and land classi-
fication has been made of the lands in the
norlda project, Colorado, and that the lands
to be Irrigated are susceptible to the pro-
duction of agricultural crops by means of
irrigation, pursuant to Public Law 173. 83d
Oongreos; to the Committee on Appropria-
tions.

60. A letter from the Assistant Secretary
ot the Interior, transmitting a certlflcatlon
that an adequate soil survey and laxul clas-
sification has been made of the lands in the
Stone C<XTal Irrigation District and that the
lands to be Irrigated are susceptible to the
production of agricultural crops by means of
Irrigation, pursuant to Public Law 172. 83d
Congress; to the Conunlttee on Appropria-
tions.

61. A letter from the Assistant Secretary of
the Interior, transmitting a certification that
soils survey and land classlflcatlon informa-
tion is available in suiBclent detail to <Xy.^r-
mlne that the lands to be Irrigated from the
YeUowtaU unit, Lower Bighorn division. Mla-
■ourl River basin project, Montana and Wyo-
ming, are sxisceptlble to the production of
agricultural crops by means of irrigation,
piu-suant to Public Law 173, 83d Congress;
to the Conunlttee on Appropriations.

63. A letter from the President. Panama
Canal Company, transmitting a report of the
violation of the Panama Canal Company
19C0 allotments, pursuant to the provisions
of section 3679 of the Revised Statutes, as
amended; to the Conunlttee on Appropria-
tions.

63. A letter from the Assistant Secretary
of Defense (Properties and Installations),
transmitting a request for approval to pro-
ceed with projects which Include taxlway
construction, strengthening of existing park-
ing apron and transition areas, and nuxlifl-
catlon of existing waahrack at Van Nuys Mu-
nicipal Airport, California, for the Air Na-
tional Guard, purstiant to section 601(4).
Publld Law 86-600; to the Committee on
Armed Services.

64. A letter from the Deputy Secretary of
Defense, transmitting the report "Real and
Personal Property of the Department of De-
fense." as Off June 80. 1960. pursuant to sec-
tion 410. the national Security Act of 1947,
as amended: to the Committee on Armed
Services.

66. A letter from the Secretary at the
Army, transmitting the report on the De-
partment of the Army aviation personnel
above the rank of major, together with filght
pay for the period of July 1 to December 81.
1960, pTirsuant to the First Supplemental
Surpliis Appropriation Rescission Act. 1946
(60 Stat. 30; 37 U.S.C. 118a-l); to the Com-
mittee on Armed Services.

66. A letter from the Secretary of the
Army, transmitting reports of the number of
ofllcers on duty with headquarters. Depart-
ment of the Army, and the Army General
Staff on September 30. 1960. pursuant to sec-
tion 201(c). Public Law 681. 81st Congress;
to the Coinmlttee on Armed Services.

67. A letter from the Secretary of the
Army, transmitting reports of the number of
ofllcers on duty with headquarters, Depart-
ment of the Army, and the Army General
Staff on June 30. 1900. pursuant to section
301 (c). PubUc Law 681, 81st Congress; to
the Committee on Armed Services.

66. A letter from the Secretary of the
Army, transmitting the semiannual report of
Army contracts for military construction
awarded without formal advertisement, for
the period of January 1 through June 30.
1960, pursuant to section 406. Public Law
86-149, 86th Congress, ist session; to the
Conunlttee on Armed Services.

69. A letter from the Secretary of the Navy,
transmitting a letter to Inform the Congress
of the intention of the Department of the
Navy to give certain obsolete ordnance mate-
rial to the State of Washington, piuvuant to
section 7646. title 10. United States Code; to
the Conunlttee on Armed Services.

60. A letter from the Director. Ofllce of
Civil and Defense Mobilization. Executive
Ofllce of the President, transmitting the
qxiarterly report of Federal contributions for
the quarter ending September 30, 1960, pur-
suant to subsection 201(1) of the Federal
Civil Defenre Act of 1960; to the Committee
on Armed Services.

61. A letter from the Director. OfBce of
Civil and Defense Mobilization. Executive
Ofllce of the President, transmitting the 37th
report on property acquisitions. Ofllce of Civil
and Defense Mobilization, pursuant to sub-
section 301(h). Federal Civil Defense Act
of 1950; to the Committee on Armed Services.

63. A letter from the Director. Ofllce of
Civil and Defense Mobilization. Executive
Office of the President, transmitting the
semiannual report on the stockpiling pro-
gram for the period January 1 to June 30.
1960. piuvuant to section 4 of the Strategic
and Critical MaterlaU Stockpiling Act. Pub-
lic Law 620, 79th Congress; to the Commit-
tee on Armed Services.

63. A letter from the Director, Ofllce of
Civil and Defense Mobilization. Executive
Ofllce of the President, transmitting the 38th
report on property acquisition. Ofllce of Civil
and Defense Mobilization, for the qiuurter
ending September 30, 1960, pursuant to sub-
pectlon 201(h), Federal Civil Defense Act of
1960; to the Committee on Armed Services.

64. A letter from the Director of Research
and Development. Department of the Army.
transmitting a report on contracts awarded
during the period January 1, 1960, through
June 30, 1960, pursuant to section 4, Public
Law 557, 82d Congress, 2d session, approved
July 16. 1952; to the Committee on Armed
Services.

65. A letter from the Assistant Secretary of
the Navy (Material), transmitting a letter
relative to the proposed transfer Flasher
(SS-249) to the U.S. Submarine Veterans of
World War II. piuvuant to title 10, United
States Code, section 7308(c); to the Com-
mittee on Armed Services.

66. A letter from the Assistant Secretary
of the Navy (Material) , transmitting semian-
nual report from January 1. 1960. through
June 30, 1960. military construction con-
tracts, pursuant to section 406. Public Law

86-149. 86th Congress. 1st session: to tbm
Committee on Armed Services.

67. A letter from the Director. LegialaUv*
I,tftiiKin. Department of the Air Force, trans-
mitting X report on the number of ofllcers
assigned or detailed to permanent du^ in
the executive element of the Air Force, pur-
suant to section 8031(e). title 10. United
States Code, covering the flrst quarter of fis-
ciU year 1961 (September 30. I960): to the
Conunlttee on Armed Services.

68. A letter from the Adjutant General.
Veterans of Foreign Wars of the United
Stotes, trancmlttlng copy of the annual re-
ports of officers of the Veterans of Foreign
Wars of the United States, together with
report of audit by Haskins & Sells, certified
public accountants, for the fiscal year ended
August 31. 1960. pursuant to Public Law 680.
74th Congress; to the Committee on Armed
Services.

69. A letter from the Acting Assistant Chief
of Naval Material (Procurement), Depart-
ment of the Navy, transmitting the semi-
annual report of research and development
procurement, covering the period January 1
throvigh June 30. 1960, pursuant to title 10,
United SUtes Code 2357; to the Conunlttee
on Armed Services.

70. A letter from the Deputy Director. Leg-
islative Liaison, Department of the Air Force,
transmitting copy of the Air Force report en-
titled "Semiannual Research and Develop-
ment Procurement Actions Report," for the
period January 1. 1960. through June 30. 1960.
pursuant to section 4. Public Law 667. 8ad
Congress; to the Committee on Armed
Services.

71 A letter from the Assistant Secretary
of Defense (Supply and Logistics) transmit-
ting reports submitted by the Departments
of the Army. Navy, and Air Force for the
period January 1-June 30. 1960, listing con-
tracts negotiated under the authority of sec-
tions 2304(a) (11) and 2304(a) (16) of UUe
10. United SUtes Code, pursuant to title 10.
United SUtes Code, section 2304(e): to the
Committee on Armed Services.

72. A letter from the Administrator. Gen-
eral Servlcea Administration, transmitting
notice of proposed disposition of qulnldine
now held in the national stockpile, p\irauant
to section 3(e) of the Strategic and Critical
Materials Stock PUing Act (60 VS.C. 98b(e) );
to the Committee on Armed Services.

73. A letter from the Administrator, Gen-
eral Services Administration, transmitting
notice of proposed disposition of magnesium
scrap now held in the national stockpile,
p\u-suant to section 8(e) of the Strategic and
CrlUcal Materials Stock Piling Act (60 U^.C.
98b(e) ) ; to the Committee on Armed Serv-
ices.

74. A letter from the Administrator, Gen-
eral Services Administration, transmitting
notice of a proposed disposition of oobaltlf-
erous materials now held in the national
stockpile, pursuant to section 3(e) of the
Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98b(e) ): to the Committee on
Armed Services.

75. A letter from the Administrator, Gen-
eral Services Administration, transmitting
notice of proposed disposition of low-grade
domestic metallurgical chromlte ore and
concentrates and various ferrochrome alloys
now held in the national stockpile, pursuant
to section 3(e) of the Strategic and Critical
Materials Stock PlUxig Act (50 U.S.C. 98b(e) )
to the Committee on Armed Services.

76. A letter from the Administrator. Gen-
eral Services Administration, transmitting
a report on the progress of the liquidation of
the national defense, war, and reconversion
activities of Reconstruction Finance Corpor-
ation, to comply with the provisions of the
RFC LiquldaUon Act (Public Law 163, 8Sd
Cong., as amended), and Reorganization
Plan No. 1 of 1957 (22 FJl. 4688); to the
Committee on wi^nking and Currency. i

77. A letter from the Director, Ofllce of
Civil and Defense Mobilization, Executive
Ofllce of the President, transmitting a "Re-
port on Borrowing Authority' for the quar-
ter ending June 30, 1960, pursuant to the
Defense Production Act, as amended; to the
Committee on Banking and Currency.

78. A letter from the AssisUnt Secretary of
Defense (supply and logistics) transmitting
reporu on Army, Navy, and Air Force prime
contract awards to small and other business
firms, pursuant to the Small Bxislness Act.
as amended; to the Committee on Banking
and Currency.

79. A letter from the Secretary of Com-
merce transmitting the fifty-third quarterly
report, covering the third quarter 1960, re-
quired under the Export Control Act of 1949;
to the Committee on Banking and Currency.

80. A letter from the Attorney General
transmitting the Fifth Report of the At-
tomey General on Competition in the
Synthetic Rubber Industry, covering the in-
dustry's operation under private enterprise
in the calendar year 1959. pursuant to Sen-
ate Report 117, 84th Congress; to the Com-
mittee on Banking and Ciurency.

81. A letter from the Acting Secretary of
the IVeaaury. transmitting copies of the
Quarterly Report to the Congress on the Re-
oonstructicA Finance Corporation Liquida-
tion Fund, Treasury Department Activities
for the period ended June 30, 1960. pursuant
to (67 Stat. 280) and Reorganization Plan
No. 1 of 1967 (23 FH. 4633) ; to the Commit-
tee on Banking and Currency.

82. A letter from ttie Acting Secretary of
the Treasury, transmitting copies of the
Quarterly Report to the Congress on the Re-
construction Finance Corporation Liquida-
tion Fund. TVeastury Department Activities
for the i>eriod ended Septemtier 30. 1960, pur-
suant to (67 Stat. 330) and Reorganization
Plan No. 1 of 1957 (22 FJl. 4633); to the
Committee on Banking and Currency.

88. A letter from the Assistant Secretary
of Defense (Supply and Logistics), transmit-
ting reports on Army. Navy, and Air Force
prime contract awards to small and other
business firms, pursuiuit to section 10(d) of
the Small Business Act, as amended; to the
Committee on Banking and Currency.

84. A letter from the Acting AssisUnt Sec-
retary of Defense (Supply and Logistics),
transmitting reporU on Army. Navy, and Air
Force prime contract awards to small and
other business firms, pursuant to section
10(d) of the Small Business Act, as amend-
• ed; to the Committee on Banking and Cur-
rency.

86. A letter from the Administrator. Small
Business Administration, transmitting a re-
port covering the progress made In liqui-
dating the asseU formerly held by the Re-
construction Finance Corporation, for the
quarterly period ended September SO, 1960,
pursuant to (67 SUt. 230) and Reorganiza-
tion Plan No. 1 of 1967 (22 FH. 4633); to the
Committee on Banking and Currency.

86. A letter from the Administrator, Small
Business Administration, transmitting a re-
port reflecting estimated obligations by
principal activities of the Small Business
Administration for the period January 1
through June 30. 1960, pursuant to section
10(b) of the Small Business Act, as amended;
to the Committee on Banking and Cur-
rency.

87. A letter from the Administrator, Small
Business Administration, transmitting a re-
port covering the progress made in liqui-
dating the asaeU formerly held by the Re-
construction Finance Corporation, for the
quarterly period ended June 30, 196b, pur-
suant to (67 SUt. 230) and Reorganization
Plan No. 1 of 1967 (22 Fit. 4633); to the
Conunlttee on Banking and -Currency.

88. A letter from Uie Administrator, Small
Businees Administration, transmitting the
14th Semiannual Report of the Small Busi-

ness Administration covering operations be-
tween January 1 and June 30, 1960, pursuant
to section 10(a) of the Small Business Act
of 1968, as amended (Public Law 85-636); to
the ComnUttee on Banking and Currency.

89. A letter from the President, Export-
Import Bank of Washington, transmitting
the report of the Export-Import Bank of
Washington as of the close of business June
30, 1960, pursuant to section 9 of the Ex-
port-Import Bank Act of 1945, as amended;
to the Conunlttee on Banking and Ciu--
rency.

90. A letter from the Chairman, National
Capital Planning Conunission, transmitting
a report showing lands acquired by the Com-
mission during the fiscal year 1960, in ac-
cordance with section 4 of the act of June
6. 1924 (renumbered sec. 18. Public Law 592,
approved July 19. 1952); to the Committee
on the District of Columbia.

91. A letter from the Chairman, District
of Columbia Redevelopment Land Agency,
transmitting the anntial report for the fiscal
year ending June 30. 1960, in accordance
with section 15 of the District of OoliunbU
Redevelopment Act of 1946 (Public Law 692.
79th Cong. ) ; to the Committee on the Dis-
trict of Columbia.

92. A letter from the Secretary. Depart-
ment of Health, Education, and Welfare,
transmitting the Annual Report of the US.
Department of Health, Education, and Wel-
fare for the fiscal year 1959; to the Commit-
tee on Education and Labor.

98. A letter from the Secretary of Labor,
transmitting a report entitled "Problems In-
volved in Applying a Federal Minimum Wage
to Agricultural Workers," pursuant to the
provisions of the act creating the Depart-
ment of Labor: to the Committee on Educa-
tion and Labor.

94. A letter from the Secretary of Sute.
transmitting the 24th semiannual report on
the educational and cultural exchange pro-
grams of the Department of SUU, during
the flrst half of the fiscal year 1960. pursuant
to section 1008, Public Law 402, 80th Con-
gress; to the Conunlttee on Foreign Affairs.

96. A letter from the Acting Secretary of
sute, transmitting the 14th report on opera-
tions of the Mutual Defense AssisUncc Con-
trol Act of 1951 (Battle Act: , together with
covering letters; to the Committee on Foreign
Affairs.

96. A letter from the Chairman, Foreign
Claims Settlement Commission of the United
SUtes, transmitting the 12th semiannual re-
port as of Jiuie 30, 1960, ptu-suant to «ection
8 of the War Claims Act of 1948 (62 SUt.
1340; 60 U.8.C. App. 3001-3016). as amended,
and of sec. S(c) of the International Claims
Settlement Act of 1949 (64 SUt. 12; 22 U.S.C.
1631-1627) . as amended; to the Committee on
Foreign Affairs.

97. A letter from the Acting Director, U.S.
Information Agency, transmitting the 14th
semiannual report, pursuant to section 1008.
Public Law 402, 80th Congress, for the period
from January 1 to June 30, 1960; to the C<nn-
mlttee on Foreign Affairs.

98. A letter from the Comptroller General
of the United States, transmitting a c:opy of
a report to the SecreUry of the Interior on
the audit of the financial statemenU of the
Columbia River power system and related
activities for fiscal year 1960, pursuant to the
Budget and Accotmting Act, 1921 (31 U.S.C.
63), and the Accounting and Auditing Act
of 1950 (3 U.S.C. 67); to the Committee on
Government Operations.

99. A letter from the Comptroller General
of the United SUtes, transmitting a report
on the audit of selected activities of the
Bureau of Reclamation, Department of the
Interior, in the Lower Colorado River Basin
for the fiscal years 1957, 1958, and 1959, pur-
suant to the Budget and Accounting Act,
1931 (81 UJ3.C. 58). and the Accounting and

Auditing Act of 1960 (81 US.C. 67>; to the
Committee on Government Operations.

100. A letter from the Comptroller General
of the United SUtes, tranamittLig a report
on examination of the pricing of airplane
wings purchased from the Martin Co.. Balti-
more, Md., by McDonnell Aircraft Corp., St.
Louis, Mo., under Department of the Air
Force negotiated fixed -price incentive con-
tract AF 33 (600) -29841, ptuvuant to the
Budget and Accotmtlng Act, 1921 (31 UJ3.C.
63), the Accovmtlng and Auditing Act of
1960 (31 U.S.C. 67) . and the authority of the
Comptroller General to examine contractors'
reccn-ds, as set forth In 10 VB.C. 331S(b); to
the Conunlttee on Government derations.

101. A letter from the Comptroller C31eneral
of the United SUtes, transmitting a report
on the review of certain activities of the XJJR.
civil administration of the Ryukyu Islands,
pursuant to the Budget and Accounting Act,
1921 (31 U.S.C. 53) , and the Accounting and
Auditing Act of 1950 (31 V£.C. 67); to the
Conunlttee on Government Operations.

102. A letter from the C<nnptroller General
of the United SUtes, transmitting a rep<M't
on the review of the development and pro-
curanent of new combat and tactical ve-
hicles by the Department of the Army, pur-
stiant to the Budget and Aocoimtlng Act.
1921 (31 XJB.C. 53) , and the Accoiuitlng and
Auditing Act of 1950 (31 UJS.C. 67); to the
Committee on Government Operations.

108. A letter from the Comptroller General
of the United SUtes, transmitting a report
on the review of certain activities of the gov-
ernment of the Virgin Islands for the fiscal
year ended June 30, 1959, pursuant to the
Budget and Accounting Act. 1921 (31 U.S.C.
S3), and the Accounting and Auditing -Act
of 1950 (31 VS.C. 67) ; to the Committee on
Government Operations.

104. A letter from the Comptroller General
of the United SUtes. transmitting a report
on examination of rental paymente nego-
tiated fen* the commercial use of Govern-
ment-owned facilities furnished under De-
partment of the Air Force contract AF 38
(088) -25718 with Avoo Corp., Lycoming Divi-
sion, Stratford, Conn., pursuant to the
Budget and Accounting Act, 1921 (SI U£.C.
53). and the Accounting and Auditing Act
of 1950 (31 UJS.C. 67); to the Conunlttee on
Government Operations.

106. A letter from the Comptroller Gen-
eral of the United SUtes. transmitting a re-
port on the examination of the target price
negotiated for Sidewinder missile guidance
and control unite under Department of the
Navy fixed-price incentive contract NOrd-
16483 with Philco Corp., PhUadelphla, Pa.,
purstiant to the Budget and Accounting Act.
1921 (31 U.S.C. 53). and the Accounting and
Auditing Act of 1950 (31 U5.C. 67) ; to the
Committee on Government Operations.

106. A letter from the Comptroller Gen-
eral of the United SUtes, transmitting a re-
port on the examination of the pricing of
suboontracU Issued to Reaction Motors Di-
vision. Thiokol Chemical Corp., DenvUle, N J.,
by Convalr, San Diego, Calif., under Depart-
ment of the Air Force prime contract AF
04(645) -4. pursuant to the Budget and Ac-
counting Act. 1921 (81 UB.C. 63), and the
Accounting and Auditing Act of 1950 (31
UJ3.C. 67) ; to the Ccmimlttee on Government
Operations.

107. A letter from the Comptroller General
of the United SUtes, transmitting a report
on the audit of the Farmers Home Adminis-
tration, Department of Agriculture, for the
fiscal years ending June SO, 1958 and 1969,
pursuant to the Budget and Accounting Act,
1921 (31 UJS.C. 63), and the Accounting and
Auditing Act of 1950 (81 U.S.C. 67); to the
Committee on Government Operations.

108. A letter from the Comptroller General
of the United SUtes, transmitting a report
on the review of selected operations of the
Federal-aid highway program of the Btireau

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of Public Roads, Department of Commerce.
In region 8, Portland. Oreg., pursuant to the
Budget and Accounting Act, 1921 (31 UJ9.C.
63) , and tbe Accounting and Auditing Act of
1060 (31 XSA.C. 67): to the Committee on
QoTemment Operations.

100. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on the review of policies and procedures
relating to the leasing of space for Oovem-
ment activities. Public Buildings Service.
OenM-al Services Administration. July 1969.
pursuant to the Budget and Accotintlng Act.
1021 (31 U.S.C. 63). and the Accounting and
Auditing Act of 1960 (31 XJB.C. 67); to the
Conmilttee on Government Operations.

110. A letter from the Comptroller General
of the United States. transmltUng a report
on the revldw of the need for procurement of
electric and telephone line construction
trucks by the Department of the Air Force,
pursuant to the Budget and Accounting Act,
leai (31 U;3.C. 63). and the Accounting and
Auditing Act of 1960 (31 U.S.C. 67): to the
Committee on Government Operations.

111. A letter from the Acting Comptroller
General of the United States, transmitting
a report on the review of air Item supply
operations at the Transportation Materiel
Comnumd. Department of the Army. St.
Louis, Mo., pursuant to the Budget and Ac-
counting Act. 1921 (31 UJ3.C. 53), and the
Accounting and Auditing Act of 1030 (31
UJ3.C. 67) : to the Conunittee on Government
Operations.

lia. A letter from the Assistant Comp-
troller General of the United States, trans-
mitting a review of the automatic data proc-
essing system at the Transportation Materiel
Command. Department of the Army, St.
Louis, Mo., pursuant to the Budget and Ac-
counting Act, 1921 (31 U.S.C. 63). and the
Accounting and Auditing Act of 1950 (31
UJS.C. 67) ; to the Committee on <3overnment
Operations.

113. A letter from the Assistant Comp-
troller General of the United States, trans-
mitting a report on the audit of the general
supply fimd, General Services Administra-
tion, for the fiscal year ended June 30, 1959,
pursuant to the Federal Property and Ad-
ministrative Services Act of 1949 (63 Stat.
383; 5 U.S.C. 630g(e)): to the Conunittee on
Government Operations.

114. A letter from the Assistant Comp-
troller General of the United States, trans-
mitting a report of an audit of the Oorgas
Memorial Institute of Tropical and Preven-
tive Medicine, Inc.. fiscal year ending Jiine
30. 1960, pursuant to the act of May 7, 1928
(22 UJS.C. a78a): to the Committee on Gov-
ernment Operations.

115. A letter from the Assistant Comp-
troller General of the United States, trans-
mitting a report on the audit of the South-
western Power System and related activities.
Corps of Knglneers (Civil Functions), De-
partment of the Army, and the Southwestern
Power Administration, Department of the
Interior, for the fiscal years 1958 and 1950;
to the Committee on Government Opera-
tions.

116. A letter from the Administrative As-
sistant Secretary of Agriculture, transmitting
a report of the activities of the Department
for the fiscal year ending June 80, 1060,
with regard to the disposal of foreign ezceae
property under title IV of such act, pursu-
ant to section 404(d) of the Federal Prop-
erty and Administrative Services Act of 1040,
Public Law 152, Blst Congress, as amended;
to the Committee on Government Opera-
tions.

117. A letter from the Secretary, Deptut-
ment of Health, Kducatlon, and Welfare,
transmitting a report covering personal prop-
erty received by State siu-plus property agen-
cies for distribution to public health and
educational Institutions and civil defense
organizations, pursuant to section 203(0) of
the Federal Property and Administrative

Servleea Act of 1040; to the Committee on
Government Operations.

118. A letter from the Secretary of Labor,
transmitting a copy of a letter dated August
0, 1060, to the Comptroller General of the
United SUtes setting forth his position with
regard to the findings and recommendations
contained in the report of a review of the
policies and practices of the Department d.
Labor and the States regarding unemploy-
ment compensation payments to retired
Federal employees who are receiving retire-
ment annuities: to the Committee on Gov-
ernment Operations.

110. A letter from the Administrator, Gen-
eral Services Administration; transmitting
a report on Uie progress of tbe liquidation
of the national defense, war and reconver-
sion activities of Reconstruction Fmance
Corporation, pursuant to provisions of the
RFC Uquldatlon Act (Public Law 163, 83d
Cong.; 67 Stat. 230, 231), as amended, and
with Reorganization Plan No. 1 of 1957 (22
FJl. 4633) : to the Committee on Government
Operations.

120. A letter from the Administrator. Gen-
eral Services Administration, transmitting a
draft of proposed legislation entitled "A bill
to amend the act of July 30, 1947, to require
wholly owned Government corporations and
Federal activities financed from trust funds
to pay rental for assigned space, and for
other pvuposes"; to the Committee on Gov-
ernment Operations.

121. A letter from the Administrator, Gen-
eral Services Administration, transmitting
the 11th Annual Report on Operations of the
General Services Administration for fiscal
year 1960, pursuant to section 212, Public
Law 152, approved June 30, 1949, as amended;
to the CX>mmlttee on Government Opera-
tions.

122. A letter from the Administrator. Gen-
eral Services Administration, transmitting a
report providing information on contracts
negotiated for experimental, develc^mental.
or research work, or for the manufacture or
furnishing of proi>erty for experimentation,
development, research, or test during the
6-month period ending June 30, 1960, pur-
suant to section 302(c) (11) of Public Law
152, 8l8t Congress, as amended; to the Com-
mittee on Government Operations.

123. A letter from the Administrator, Gen-
eral Services Administration, transmitting
from the executives of varloxis States certifi-
cates of ascertainment of the electors of
President and Vice President of the United
States chosen In each of the States on No-
vember 8, 1960, pursuant to provisions of
section 6, title 3, of the United States Code;
to the Conunittee on House Administration.

124. A letter from the Assistant Secretary
of the Interior, transmitting copies of three
orders and supporting documents covering
such cancellations and adjustments to ad-
just or eliminate reimbursable charges of the
Government of the United States existing as
debts agalniit Individual Indians or tribes
of Indians, for the fiscal year 1060, pursuant
to the act of July 1, 1032 (47 Stat. 664); to
the Committee on Interior and Insular Af-
fairs.

125. A letter from the Assistant Secretary of
the Interior, transmitting copies of all laws
enacted by the Legislature of the Virgin Is-
lands to the Congress of the United States as
required annually, in its regular and special
sessions, pursuant to the requirements of
section 0(g) of the Revised Chrganlc Act of
the Virgin Islands of the United States; to
the Committee on Interior and Insular
Affairs.

126. A letter from the Secretary of Com-
merce, transmitting a report as of September
30, 1960, of the activities of the Department
acting under title XIH of the Federal Avia-
tion Act of 1968 to provide aviation war risk
insurance, pursuant to section 1300 of the
Federal Aviation Act of 1058; to the Com-
mittee on Interstate and Foreign Commerce.

127. A letter from the Acting Secretary of
Coaunsrce, transmitting an annual report on
commissary activities outside the continen-
tal United States, submitting a negative re-
port for the fiscal year 1960, pursuant to tha
provisions of Public Law 300, Slat Ccmgrew;
to the Committee on Interstate and Foreign
Commerce.

128. A letter f><om tba Acting Chairman.
Federal Power Commission, transmitting re-
quired Information on licensed hjrdroelectric
projects and on personnel of the Federal
Power Coounlssion for the fiscal year ended
June 30, 1960. pursuant to section 4(d) Of
the Feder8d Power Act, approved August 26.
1935; to the Committee on Interstate and
Foreign Commerce.

130. A letur from the Chairman. Federal
Communications Commission, transmitting a
report on backlog of pending applications
and bearing cases in the Federal Communi-
cations Commission as of September 30, 1060.
pursuant to section 6(e) of the Communica-
tions Act as amended July 16, 1962. by Publle
Law 664; to the Committee on IntenCata and
Foreign Commerce.

130. A letter from the Chairman. Fsdaral
Communications Commission, transmitting
a report on backlog of pending appUeatioos
and hearing cases in the Federal Communi-
cations CommlssJOTi as of August 31, 1060.
pursuant to section 6(e) of the Communi-
cations Act as amended July 10. 1063, by
Public Law 664; to the Committee on Inter-
state and Foreign Commerce.

131. A letter from the Chairman, Fsderal
Communications Commission, transmitting
a report on backlog of pending appUeatioos
and hearing casee In the Federal Communi-
oattons Commleslon as of June 80, 1060,
pursuant to section 6(e) of the Oammunl-
catlons Act as amended July 16, lOSl, by
Public Law 664; to tbe Committee on Inter-
state and Foreign Commerce.

132. A letter from the Acting Chairman.
Federal Communications Ootnmlaaion, trans-
mitting a report on backlog of pending ap-
plications and hearing cases in the FMaral
Communlcatk>na Commission as of July SI.
1960. pursuant to section 6(e) of the Com-
munications Act as amended July 12. tMA,
by PubUc Law BM; to Xbm Oommlttae on
Interstate and Aveign Oonuneroe.

133. A letter from the Chairman. Fsdend
Power Ccmmlaslon, transmitting several
documents and pubtlcatlona relating to ao-
tlvltles of public utilities in the United
States for ttM information of the House of
Representatives; to the Committee on Inter-
state and Foreign Commerce.

134. A letter from the Secretary of Oom-
merce, transmitting a report of all clalnu
paid by tbe Department of Conunerce dur-
ing fiscal year 1060 under part 2 of the
Federal Tort Claims Act and pursuant to sec-
tion 404 of the Federal Tort Claims Act (28
U.S.C. 2073); to the Committee on the Ju-
diciary.

135. A letter from the Administrative As-
sistant Secretary of the Interior, transmit-
ting a statement of receipts and expenditures
for the fiscal year 1960, pursuant to the re-
quirements of section 15 of the Outer Con-
tinental Shelf Lands Act (43 UB.C. 1343);
to the Committee on the Judiciary.

136. A letter from the Administrative As-
sistant Attorney General, transmitting a re-
port of the administrative tort claims paid by
the Department of Justice covering tbe fis-
cal year 1960, pursuant to title 28, United
States Code, section 2673; to the Committee
on the Judiciary.

137. A letter from the Acting Secretary of
the Treasury, transmitting a report listing
the tort claims approved for payment In the
fiscal year 1960 and setting forth the name
of each claimant, the amount awarded, and
a brief description of each claim, pursuant
to UUe 28. United States Oode. aaetiOD 2078;
to the C<xnmlttee on the Judiciary.

1961

CONGRESSIONAL RECORD — HOUSE

33

138. A letter from the secretary-treasurer,
the Military Chaplains Aseociation of the
United States of America, transmitting their
annual report of the Military Chaplains As-
sociation of the United States of America for
the year 1060, pursuant to Public Law 702,
81st Congress; to the Committee on the
Judiciary.

139. A letter from the treasurer, Jewiah
War Veterans, U.S.A., National Memorial,
Inc., National Shrine to the Jewish War Dead,
transmitting a copy of a statement of the
audit of the Jewish War Veterans, UJ3J1..
National Memorial, Inc., for the fiscal year
April 1. lOSO, to March 81, 1060. pxirsuant to
secUon 13(b), Public Law 85-903; to the
Committee on the Judiciary.

140. A letter from the corporation agent.
Army and Navy Legion of Valor of the United
States of America, Inc., transmitting their
audit repcvt pursuant to section 14(b) of
congressional charter, PubUc Law 224, 84th
Congreas; to the Committee on the Judiciary.

141. A letter from the national adjutant
paymaster, Marine Corps League, transmit-
ting a copy of the minutes of the 37th An-
nual Convention of the Marine Corps League
held in Grand Rapids. Mich., August 16-20,
1960, also financial report; to the Conunittee
on the Judiciary.

142. A letter from the Acting Administra-
tor. Federal Aviation Agency, transmitting a
report of all claims {lald during the fiscal
year 1960, piu^uant to section 404 of the
Federal Tort Claims Act (28 U.6.C. 2673).
part 2; to the Committee on the Judiciary.

143. A letter from the Deputy General
Manager, UJ3. Atomic Energy Commission,
transmitting copies of the annual report
of the Atomic Energy Commission concern-
ing claims paid xmder the Federal Tort
Claims Act for fiscal year 1060, pursuant to
secUon 2673, title 28, United States Code;
to the Committee on tbe Judiciary.

144. A letter from the Commissioner, Fed-
eral Prison Industries. Inc.. Department of
Justice, transmitting the annual report of
the Directors of Federal Prison Industries,
Inc., for the fiscal year 1030. pursuant to the
act approved June 23, 1004 (18 UjB.O. 4127);
to the Cocmiittee on the Judiciary.

146. A letter from the Deputy Director,
Legislative Liaison, Department of Air Force,
transmitting a report of claims paid under
section 2672 of title 28, United States Code,
by the Department of the Air Force, for
fiscal year 1960, piusuant to section 2673 of
title 28, United States Code; to the Commit-
tee on the Judiciary.

146. A letter from the Administrator, Gen-
eral Services Administration, transmitting a
report on tort claims paid by the General
Services Administration during fiscal year
1960, pursuant to title 28. section 2673, of
the United States Code; to the Committee on
the Judiciary.

147. A letter from the national secretary-
treasurer. Sons of Union Veterans of the
Civil War. transmitting (1) annual certified
public accountant's audiit of the books of
the Sons of Union Veterans of the Civil War.
for the fiscal year 1060; and (2) annual re-
port of the activities of the Sons of Union
Veterans of the Civil War for the fiscal year
ending June 30, 1960, pursuant to section
15(a) and section 16 of Public Law 605,
83d Congress; to the Committee on the
Judiciary.

148. A letter from the Deputy Director.
Legislative Liaison, Department of Air Force,
transmitting a report of claims paid under
secUon 2732 of UUe 10. United States Code,
as amended, by the Department of the Air
Force, for fiscal year 1960, pursuant to sec-
Uon 2732(f) of title 10. United States Code,
as amended; to the Committee on the Ju-
diciary.

140. A letter from the Secretary of the
Army, transmitting a report of claims eet-
Ued \mder the Federal Tort Claims Act by
the Department of the Army, for tbe fiscal

cvn — s

year 1060, pursuant to section S678 of the
Federal TOrt Claims Act, as codified and
amended (28 U.S.C); to the Committee on
the Judiciary.

150. A letter from the cleilt. U.S. Court erf
Claims, transmitting two certified copies of
the court's opinion in the case of Wah Chang
Corporation v. The United States, No. 124-
56, ptirsuant to Private Law 997, 83d Con-
gress, 2d session (ch. 1261, 68 Stat. A288
(1954) ) : to the Conunittee on the Judiciary.

161. A letter from the Conmilssioner, Ini-
mlgraUon and Naturalization Service, U.3.
Department of JusUce, transmitting copias
of orders entered in cases where the author-
ity contained in section 212(d)(3) of Uie
Immigration and NaUonality Act was exer-
cised In behalf of such aliens, also a list
giving the names of the aliens covered, pur-
suant to the provisions of secUon 212(d) (6)
of the Immigration and NaUonality Act; to
the Committee on the Judiciary.

152. A letter from the Commissioner, Im-
migration and NaturalizaUon Service, U.S.
Department of Justice, transmitting copies
of orders entered in cases where the author-
ity contained in secUon 212(d) (3) of Uie
ImmlgraUon and NaUonality Act was exer-
cised in behalf of such aliens, also a list
giving the names of the aliens covered, pur-
suant to section 212(d) (6) of the Immigra-
tion and Nationality Act; to the Committee
on the Judiciary.

153. A letter from the Commissioner, Im-
migration and Naturalization Service, VS.
Department of Justice. transmltUng copy of
order suspending the deportation In the case
of Salvatore Paladino, A8657504, pursuant to
section 244(a)(2) of the ImmlgraUon and
NaUonality Act of 1052 (8 U.S.C. 1254(a) (2) ) ;
to the Committee on the Judiciary.

164. A letter from the Conunissioner. Im-
mlgraUon and Naturalisation Service, XJ3.
Department of JusUce, transmitting a copy
of an order entered in the case of a certain
alien, Shou Eng Koo, A6148267, under the
authority of secUon 13(b) of the Immigra-
tion and NaUonality Act, ptirsuant to section
18(c) of the ImmlgraUon and NaUonality
Act of September 11, 1057; to the Commit-
tee on the Judiciary.

166. A letter trom the Commissioner. Im-
mlgraUon and Naturalization Service, UjB.
Department of Justice, transmitting copies
of orders entered in cases where the author-
ity contained In section 212(d)(3) of the
ImmlgraUon and Nationality Act was exer-
cised in behalf of such aliens, pursiiant to
the provisions of section 212(d) (6) of the
ImmlgraUon and NaUonality Act; to the
Committee on the Judiciary.

156. A letter from the Commissioner, Im-
mlgraUon and NaturalizaUon Service. U.S.
Department of Justice, transmltUng copies
of orders entered In cases of certain aliens
who have been fotmd admissible to the
United States under the ImmlgraUon and
Nationality Act pursuant to secUon 212(a)
(28) (I) (11) of the Immigration and Nation-
ality Act; to the Committee on the Judiciary.

157. A letter from the Secretary of Com-
merce transmitting a report of acUvitles of
the Department acting under tlUe "^tt of
the Merchant Marine Act. 1936, as amend>;d,
to provide war risk Insurance and certi.in
liability Insurance for the American public,
and upon request for any department or
agency of the United States, pursuant to soc-
Uon 1211 of the Merchant Marine Act. 19:16.
as amended: to the Committee on Merchant
Marine and Fisheries.

158. A letter from the Secretary of Com-
merce transmitting the quarterly report of
the Maritime Administration of the Depajt-
ment of Commerce on the activities aad
transactions of the Administration under tbe
Merchant Ship Sales Act of 1946, from Jxily 1,
1060, through September 30, 1960, ptirsuant
to section 13 of the Merchant Ship Sales /.ct
of 1946, as amended; to the Committee :>n
Merchant Marine and Fisheries.

160. A letter frc«n the chairman. Pacific

Marine Fisheries Conmilssion, transmitting
the 12th Anniial Report of the Pacific Marine
Fisheries Coounlssion for the year 1959, pur-
suant to section 2 of Public Law 232, 80th
Congress, chapter 316; to the Committee on
Merchant Murine and Flsberles.

160. A letter from the Administrative As-
sistant, Secretary of the Intolor, transmit-
ting InformaUon relating to changes in and
the status of various specified positions in
the Department, pursuant to the provisions
of section 3, Public Law 313, 80th Congress,
as amended; to the Committee on Post
Office and Civil Service.

161. A letter from the Administrative As-
sistant, Secretary of the Interior, transmit-
ting information relating to changes in and
the status of various specified poslUons in
the Department under the general schedule
of the Classification Act of 1040, as amended:
to the Committee on Post Offlce and Civil
Service.

162. A letter from the Acting Secretary of
the Treasury, transmitting a report of op-
erations by Federal departments and estab-
lishments in connection with the bonding
of officers and employees, for the fiscal year
ended June 30, 1960, pursuan" to secUon 1
of the act of August 9, 1965 (6 TJB.C. 14);
to the Committee on Post Oflkoe and Clvfl
Service.

163. A letter from the Asristant Secretary
of the Interior and Acting Secretary of Com-
merce, transmitting a report on the feasi-
bility of establishing the President Adams
Parkway, pursuant to the act approved Sep-
tember 21. 1060 (Public Law 86-838. 86th
Cong.); to the Committee on PubUc Works.

164. A letter from the Secretary of the
Army, transmitting a letter from the Chief
of Engineers. Dep>artment of the Army, dated
September 29. 1960, submitting a report, to-
gether with accompanying papers and ^m
illustration, on a survey of Round Pond
Harbor, Maine, authorized by the River and
Harbor Act, approved May 17, 1950; to the
Committee on Public Works.

165. A letter from the Secretary of the
Army, transmitting a letter from the Chief
of Engineers, Depmrtment of the Army, dated
August 3, 1960, submitting a report, together
with accompanying papers and UlustraUons.
on a survey of McOirto Creek, Fla.. author-
ized by Public Law 485. 86th Congress, ap-
proved March 24. 1966; to the Committee <m
Public Works.

166. A letter from the Secretary of the
Army, transmitting a letter from the Chlaf
of Engineers, Department of the Army, dated
September 29, 1060, submitting a report, to-
geUier with accompanying pap>er8 and an
Ulustration, on a svirvey of Holdens Creek.
Va., authorized by the River and Harbor Act,
approved Jime 80, 1048; to the Committee on
Public Works.

167. A letter from the Assistant Adminis-
trator for Congressional RelaUons, NaUonal
Aeronautics and Space AdmlnistraUon,
transmltUng a report covering the contracts
negotiated by the National Aeronautics and
Space AdmlnistraUon during the period from
January 1, 1960. through June 30, 1960, pur-
suant to section 2304(e) of tiUe 10. United
States Code; to the Committee on Science
and Astronautics.

168. A letter from the Chairman, Subver-
sive AcUvitles Control Board, transmitting
the 10th annual report in accordance with
the provisions of secUon 12(c) of the Sub-
versive AcUvlUes Control Act of 1950 (PubUc
Law 831, 81st Cong.); to the Committee on
Un-American AcUviUes.

169. A letter from the Chairman, the Re-
negotiation Board, United States of America,
transmitting the Fifth Annual Report of the
Renegotiation Board, pursuant to section 114.
Public Law 870, 84 th Congress; to the Com-
mittee on Ways and Means.

170. A letter from the Chairman, U.S.
Tariff Commission, transmitting the 12th
Annual Report of the U.S. Tariff Commission

f

mi^nn F<:<5f nM A t n vrnn n — hoi i.se

January 3

IQfil

rONORFS-SIONAL RECORD — HOUSE

S4

CONGRESSIONAL RECORD — HOUSE

Janwiry 3

1961

CONGRESSIONAL RECORD — HOUSE

35

on the Operation of the Trade Agreements
Program, pursviant to section 350(e)(2) of
the Tariff Act of 1980, aa amended; to the
Comanlttee on Ways and Means.

171. A letter from the Clerk, n.S. House
of Representatives, transmitting a report for
the period from Jxily 1. 1069, to June 30,
1960, both inclvislve. pursuant to the provi-
sions of paragraph 102. of title 2 of the Code
of Laws of the United States; to the Com-
mittee on House Administration.

17a. A letter from the Postmaster General,
transmitting the report of operations of the
Postal Savlngps System for the flacal year
ended June 30, I960, pursuant to section 1
of the act apiMTOved June 26. 1910 (H. Doc.
No. 11); to the Committee on Post Office
and Ciyll Service and ordered to be printed.

ITS. A letter from the Secretary of the
Treasury, transmitting the Combined State-
ment of Receipts, Szpendltures, and Bal-
ances of the UJS. GovemnMnt for the fiscal
year ended June 30, 1940. pursuant to sec-
tion 15 of the act of July 31, 1894 (5 U.S.C.
aM), and section 114 of the act of Septem-
ber 12. 1950 (81 U.S.C. eeb): to the Com-
mittee on Oovernment Operations.

174. A letter from the Administrator. Gen-
eral Services Administration, transmitting a
report on a proposed Presidential archival
depository to house papers and other histor-
ical materials of former President Herbert
Hoover, pursuant to section 607(f) of the
Federal Property and Administrative Services
Act of 1949, as amended by the act of August
la. 1955 (69 Stat. 605) ; to the Committee on
OovOTunent Operations.

176. A letter from the Assistant Secretary
of the Interior, transmitting the foiirth an-
nual report on the status of the Colorado
Blver storage project and participating proj-
ects, pursuant to section 6 of the Authoris-
ing Act of AprU 11. 1966 (70 Stat. 106): to
the Conunittee on Interior and Insular Af-
fairs.

176. A letter from the Deputy Secretary of
Dafense, transmitting a draft of proposed leg-
IslaUon enUUed "A blU to authorise the De-
partment of Defense to Indemnify its con-
tractors against nuclear and other unusually
haaardous risks, to limit the liability of con-
tractors so indemnified, and for other pur-
poses"; to the Committee on Armed Serv-
ices.

177. A letter from the Deputy Secretary of
Defense, tnuumlttlng a draft of proposed
legislation entitled "A bUl to provide that
those persons entitled to retired pay or re-
tainer pay under the Career Compensation
Act of 1940 who were imihlbited from com-
puting their retired pay or retainer pay
under the rates provided by the act of May
ao. 1958, shall be entitled to have their re-
tired pay or retainer pay recomputed on
the rates of basic pay provided by the act of
May ao. 1958": to the Committee on Armed
SeTTices.

178. A letter from the Deputy Secretary of
Defense, transmitting a draft of proposed
legislation entitled "A bill to amend section
a08(J) of the Federal Property and Adminis-
trative Services Act of 1949, as amended (40
U.8.C. 484(J)), to provide that the Depart-
ment of Defense may allocate surplus prop-
erty under its control for transfer under that
act only to educational institutions conduct-
ing approved military training programs";
to the Coounittee on Oovcmment Opera-
tions.

179. A letter from the Deputy Secretary of
Defense, transmitting a draft of proposed
tei^sUUon enUUed "A bill to amend UUes
10 and sa. United States Code, to codify re-
cent military law, and to Improve the code";
to the Gommlttee on the Judiciary.

180. A letter from the Secretary of the Air
Force, transmitting a draft of proposed leg-
islation anttttad "A biU to amend tlUe 10,
United States Code, with respect to annuities

based on retired or retainer pay, and for
other purpoees"; to the Committee on Armed
Services.

181. A letter from the Secretary of the Air
Force, transmitting a draft of legislation en-
titled "A bill to provide for withdrawal and
reservation by the Department of the Air
Force of certain public lands of the United
States at Nellls Air Force Range. Nevada, for
defense purposes, and for other purposes";
to the Committee on Interior and Insular
AfTairs.

182. A letter from the Secretary of the Air
Force, transmitting a draft of legislation en-
titled "A bill to provide for allotment and
advancement of pay with respect to civilian
employees of the United States In cases of
emergency evacuations in overseas areas, and
for other purposes"; to the Committee on
Post Office and Civil Service.

183. A letter from the clerk, VS. Court of
Claims, transmitting a statement of all Judg-
ments rendered by the VS. Court of Claims
for the year ended October 1. 1960. pursuant
to section 791(c). title 28, United States
Code: to the Committee on the Judiciary.

184. A letter from the Board of Directors,
Tennessee Valley Authority, transmitting the
26th Annual Report of Activities for the
fiscal year ending June 30, 1960; to the Com-
mittee on Public Works.

REPORTS OP COMMTTTEES ON PUB-
LIC BILUS AND RESOLUTIONS

Hie f oUowing reports of commltten on
public bills and resolutions were*?ub-
mitted sub6e<iuent to the adjournment of
the 86th Congress, 2d session:

Mr. MURRAY: Committee on Poet Office
and Civil Service. Report on the congres-
sional apportionment (Bept. No. 2223). Re-
ferred to the Committee of the Whole House
on the State of the Union.

Mr. MURRAY: Cbmmlttee on Poet Office
and Civil Service. Report maintaining the
Integrity of the civU service; without amend-
ment (Rept. No. 2334). Referred to the Com-
mittee of the Whole House on the State of
the Union.

Mr. HARRIS : Committee on Interstate and
Foreign Commerce. Report on the activities
of the Committee on Interstate and Foreign
Commerce (Rept. No. 2225). Referred
to the Committee of the Whole House on the
State of the Union.

Mr. BROCKS of Louisiana: Committee on
Science and Astronautics. Report panel on
Science and Technology, second meeting
(Rept. No. 2236) . Referred to the Committee
of the Whole House on the State of the
Union.

Mr. BROOKS of Louisiana: Conunittee on
Science and Astronautics. Report pertaining
to life science and space (Rept. No. 2337).
deferred to the Committee of the Whole
House on the State of the Union.

Mr. WALTER: Committee on Un-Amerl-
ean Activities. Report jaertalnlng to Com-
munlst-Ied riots against the Committee on
Un-American ActlviUes (Rept. No.* 2338) .
Referred to the Committee of the Whole
Hoiise on the State of the Union.

Mr. BROOKS of Louisiana: Committee on
Science and Astronautics. Report pertain-
ing to noise: its elfect on man and machines
(Rept. No. 2329). Referred to the Commit-
tee of the Whole House on the State of the
Union.

Mr. PATMAN: Select Committee on Small
Business. Report on proprietary rights and
data pursxiant to House Resolution 61 (86th
Cone) (Bept. No. 2380). Referred to the
Committes of the Whole House on the State
of the Union.

Mr. PATMAN: Select Committee on Qptall
Business. Report on small business in the
dairy Industry (Rept. Ho. 2281) . Rsferrsd to

the Committee of the Whole House on the
State of the Union.

Mr. PATMAN: Select Committee on Small
Business. Report on small business in the
alumlniun Industry (Rept. No. 3333). Re-
ferred to the Committee of the Whole House
on the State of the Union.

Mr. PATMAN: Select Committee on Small
Business. Report on small business problems
in the petroleimi industry (Rept. No. 3333).
Referred to the Committee of the Whole
House on the State of the Union.

Mr. PATMAN: Select Committee on Small
Business. A report on small btisiness prob-
lems In food distribution (Rept. No. 2334).
Referred to the Committee of the W^ole
House on the State of the Union.

Mr. PATMAN: Select Committee on Small
Biisiness. Final report of the Select Com-
mittee on Small Business (Rept. No. 2286).
Referred to the Committee of the Whole
House cm the State of the Union.

Mr. DAVIS of Tennessee: Special Commit-
tee To Investigate Campaign Szpendltures.
Report of Campaign Kzpendltures Commit-
tee pursuant to House Resolution 689 (86th
Cong.) (Rept. No. 3336). Referred to the
Committee of the Whole Bouse on ths SUte
of the Union.

Mr. WALTER: Committee on Un-Ameri-
can Activities. The annual report for the
year 1960 of the Committee on Un-American
Activities pursuant to House Resolution 7
(86th Cong.) (Rept. No. 2237). Referred to
the Committee of the Whole House on the
SUte of the Union.

Mr. HARRIS: Committes on Interstate and
Foreign Commerce, Report on Independent
Regulatory Commissions pursuant to House
Resolution 56 (86th Cong.) (Rept. No. 32Sa).
Referred to the Committee of the Whole
House on the State of the Union.

PUBLIC BILLS AND RESOLUTIONS

Under clause 4 of rule XXn. public
bills and resolutions were Introduced and
severally referred as follows:

By Mr. ANFUSO:
H.R. 1. A bUl to provide for the establish-
ment, under the National Science Founda-
tion, ot a National Science Academy: to the
Committee on Science and Astronautics.

By Mr. IKARD of Texas:
HH. 3. A bill to provide a program of tax
adjustment for small business and for per-
sons engaged In small business; to the Com-
mittee on Ways and Means.

By Mr. SMITH of Virginia:
HJl. 3. A bUl to esUbllsh rules of Inter-
pretation governing questions of the effect
of acts of Congress on Stats laws; to the
Conunittee on the Judiciary.

By Mr BOYKIN:
H.R. 4. A bill to amend the Submerged
Lands Act to establish the seaward bound-
aries of the States of Alabama. Mississippi,
and Louisiana as extending 3 marine
leagues into the Gulf of Mexico and provid-
ing for the ownership and use of the sub-
merged lands, improvements, minerals, and
nattiral resources within said boundaries:
to the Committee on the Judiciary.

By Mr. FLOOD:
HJl. 5. A bill to estabUkh an effective pro-
gram to alleviate conditions at substantial
and persistent xmemployment and under-
employment in certain economically ds>
pressed areas; to the Committee on Banking
and Currency.

By Mr. WALTER:
HJl. 6. A bUl to amend the Internal Secu-
rity Act of IMK), and for other purpoMs; to
the Committee on Un-Amsrlcan Aetlvltlss.

By Mr. BCHXRXR:
HJl. 7. A bill to amend the Internal 8seu-
rity Act o( 1960. and for other purposss; to
the Committee on Un-Amsrican Actlvltlss.

ByMr. TRIMBLI:
HJl. 8. A bill to promote and to establish
policy and procedure for the development of
water resources of lakes, rivers, and streams;
to the Committee on Public Works.
By Mr. TEAOUE of Texas:
HJL 9. A bill to amend section 138 of the
Legislative Reorganlzntlon Act of 1946 so se
to provide for the reduction of the public
debt by at least 10 percent of the esti-
mated overall Federal receipts for each fiscal
year; to the Committee on Rules.
ByMr. KBOOH:
HJl. 10. A bill to euco\irage the establish-
ment of voluntary pension plans by self-
employed individuals; to the Committee on
Ways and Means.

By Mr. PATMAN:
H.R. 11. A bill—

DSCLUtATION OF PUSPOSS AMD POUCT

To rsafflrm the national public policy and
the purpose of Congress in the laws against
unlawful restraints and monopolies, com-
monly designated "antitrust" laws, which
among other things prohibit price discrimi-
nation; to aid in Intelligent, fair, and effec-
tlTe administration and enforcement thereof;
and to strengthen the Clayton Act as
amended by the Robinson-Patman Act and
the protection which It affords to independ-
ent business, the Congress hereby realBrms
that the purpose of the antitrust laws in pro-
hibiting price discriminations is to secure
equality of opportunity to all persons to com-
pete in trade or business and to preserve
competition where it exists, to restore it
where It Is destroyed, and to permit It to
spring up in new fields; to the Conunittee
on the Judiciary.

By Mr. RHODES of Pennsylvania:

HJl. 13. A bill to provide for recognition
of Federal employee unions and to provide
procedures for the adjustment of grievances;
to the Committee on Post Office and Civil

Service.

ByMr.ROONEY:

HJL 13. A bill to amend the Fair Labor
Standards Act of 1938 to establish a $1.35
Trtinimiinn houTly Wage, and for other pur-
poses; to the Committee on Education and
Labor.

ByMr. HARRIS:

HJl. 14. A blU to promote the efficient, fair,
and independent operation of the Civil
Aeronautics Board, the Federal Commxinlca-
tions Commission, the Federal Power Com-
mission, the Federal Trade Commission, the
Interstate Conunerce Commission, and the
Securities and Exchange Commission; to the
Committee on Interstate and Foreign Com-
merce.

By Mrs. SULLIVAN:

HJl. 16. A bill to provide for the establish-
ment of a special $18300,000 7-year pro-
gram of Federal scholarship and fellowship
grants to individuals, and a $3,500,000 pro-
gram of grants to public and nonprofit in-
stitutions of higher education, to encourage
and expand the training of teachers i(x the
education of exceptional children; to ths
Committee on Education and Labor.
ByMr. ULUIAN:

H.R. 16. A blU to provide for Federal as-
sistance for the construction and eiq>ansian
of public community Junim* colleges; to the
Committee on Education and Utbor.
ByMr.BAILSY:

HJl. 17. A bill to amend the Tariff Act of
1930 and for other purposes; to the Commit-
tee on Ways and Means.

By Mr. BENNVTT of Florida:

HJl. 18. A bill to create and prescribe ths
functions of a National Peace Agency; to the
Committee on Foreign Affaln.
By Mr. McCC»lMACK:

HJl. 19. A bill to authoriae modification of
local partletpation in flood contzol pro|aets:
to the Oommlttse on Publle Works.

By Mr. KEITH:

HJl. 30. A bUl to authorise modification o<
local participation In flood control projects;
to the Committee on Public Works.
By Mr. SMm of Iowa:

HJl. 21. A bill to provide for the aptMtnt-
ment of one additional Judge for the north-
em and southern districts of Iowa; to ths
Conunittee on the Judiciary.
By Mr. ROBERTS:

HJl. 23. A bill to amend section 4 of the
Submerged Lands Act to approve and con-
firm the seaward boundaries of the States of
Alabama, Mississippi, and Louisiana az ex-
tending 3 marine leagues into the Oulf
of Mexico; to the Committee on the Judi-
ciary. '
By Mr. ALBERT:

HJa.33. A blU to authorise the Secretary
of the Interior to construct, operate, and
maintain the Arbuckle reclamation project.
Oklahoma, and for other purpoees: to the
Committee on Interior and Insular Affairs.
ByMr. HARRIS:

HJl. 24. A bill to amend the Nattiral Gas
Act, and fen* other pxirpoees; to the Com-
mittee on Interstate and Foreign Commerce.
ByMr.KEABNS:

HJl. 35. A bill to amend the Federal Coal
Mine Safety Act so as to provide further for
the prevention of accidents in coal mines;
to the Committee on Education and Labor.

HJl. 26. A bill to provide for the coinage
of gold $10 pieces and gold $5 pieces, and
for other purpoees; to the Committee on
Banking and Cvurency.

By Mr. FOQARTY:

H.R. 37. A bill to authorize a 10-year pro-
gram of grants for construction of medical,
dental, and public health educational fadli-
tiea. and for other purposes; to the Com-
mittee on Interstate and Foreign Commerce.
By Mr BONNER:

HJl. 38. A bill to provide for exceptions to
the rules of navigation in certain cases; to
the Committee on Merchant Marine and
Fisheries.

HJl. 29. A bin to amend section ai6(b> ol
the Merchant Marine Act. 1936, as amended,
to permit the appointment of UJ3. nationals
to the Merchant Marine Academy: to the
Committee on Merchant Marine and Fish-
eries.

By Mr. McCOBMACK:

HJL 30. A bUl granting the consent and
approval of Congress to the northeastern
water and related land reeouroes compact: to
the Committee on Public Works.
ByMr. KIR WAN:

HJl. 31. A bill to jvovide for the issuance
of a special postage stamp in honor of Wil-
liam Holmes McGuffey; to the Ccounittee on
Poet Office and Civil Service.
ByMr. TRDHBLE:

HJl. S3. A bill authorizing the establish-
ment of the Fort Smith National Historic
Site, in the State of Arkansas, and for other
purpoees; to the Committee on Interior and
Insular Affairs.

ByMr.BOOGS:

HJl. 33. A blU to revise the Federal Cor-
rupt Practices Act, 1935, and for other puiir
poses: to the Committee on House Admin-
istration.

By Mr. WALTER:

HJl. 34. A bill to establish an effective pro-
gram to alleviate conditions of substantial
and persistent unemployment and uiMlerem-
ployment in certain economically depressed
areas; to the Committee on Banking and
Currency.

By Mr. MAHON:

H.R. 35. A bill to require annual appro-
priations to pay the interest on the public
debt; to the Oommlttee on Ways and Means.
By Mrs. PF06T:

HJl. 36. A blU to autborlae the Seeretarr
of the Interior to ooostraet. operate, and
maintain a reregulating reservotr and ottxer

works at the Bums CnA sits In tXis upper
Snake River Valley. Idaho, and for other
purposes; to the Committee on Interior and
Insular Affairs.

By Mr. SANTANGKLO :

HJl. 87. A bill to amend the Immigration
and Nationality Act so as to provide that ths
base year for determining any quota shall be
-1950. to provide that the unused annual
quota of any quota area be made available for
use in quota areas where the annual quota Is
oversubscribed, and for other purposes; to ths
Committee on the Judiciary.
ByMr.McFALL:

HJl. 38. A bill to authorise the Secretary
of the Interior to construct, operate, and
maintain the Aubum-Foisom south unit,
American River dlNislon, Central Valley proj-
ect. California, wider Federal reclamation
laws; to the Committee on Interior and
Insular Affairs.

By Mr. BURKE of Kentucky:

HJl. 89. A bill to amend the Act to Pro-
mote the Education of the Blind, approved
March 3, 1879, as amended, so as to authorise
wider distribution of lx>oks and other special
Instruction materials for the blind, and to
Increase the apfx-opriations authorized for
this purpose, and to otherwise In^rove such
act; to the Committee on Education and
Labor.

By Mr. ANDEEISEN of Minnesota:

HJL 40. A bill to authorize a program of
balanced agricultural production, to assure
producers a fair economic return and con-
sumers an adeqtiate supply ot ooounoditles
at fair prices, to conserve soil, water, and
wildlife resources, and for other purposes; to
the Committee on Agriculture.
By Mr. TEAOUE of Texas:

HJl. 41. A 1^11 to provide additional pay
at the rate of $100 per month for certain
scientists soring on active duty with the
Armed Foroee; to the Committee on Armed
Services.

H.R.43. A biU to faeUltats tbe recruit-
ment of trained azMi experienced employees
in departments of Government; to retain
trained employees in Government, and to
correct inequities under the Civil Service
Retirement Act through crediting service un-
der Federal-State cooperative programs or
certain Federal prognras financed directly
at indirectly. In whole or in part, by Federal
funds; to the Committee on Post Office and
Civil Service.

H.R.43. A bill to provide that three
Members of the House of RepresentatlTes
and three Members of the Senate shall be
members of the American Battle Monu-
ments Commissian; to ths Committee on
Fc»«lgn Affairs.

HJl. 44. A bill to authorte the approprta>-
tion of $200,000 for use toward the construc-
tion of a U.S.S. Arizcma Memorial; to the
Conunittee on Armed Services.

HJl. 45. A bin to amend the Internal Rev-
enue Code of 1954 so as to provide that law-
ful expenditinvs for leglslaUve piupoaes
shall be aUowed as deductions from gross
income; to the Committee on Ways and
Means.

HJL 46. A bill to provide direct aid to
States and territories for educational pur-
poees only; to the Committee <hi Ways and
Means.

HJl. 47. A bill to provide direct aid to
States and territories for educational pur-
poses only; to the Committee on Ediication
and Labor.

H.B..48. A bin to am«id section 7 of ttw
act of August 18, 1941. to provide that 75
percent of all moneys derived by the United
States from certain recreational activities
In connection with lands rsqtilred tot flood
oontrol shall be used first for oonstructlan cA
certain hard surface connecting highways,
and for other pitfposss; to the Committee on
PubUeWorks.

i

r-rkKrnu uQQinM at b FrOR n — HOI JSE

January 3

in/ti

rrkKinu uccf riKT at n vrrm n

tlfMlQV

V7

36

CONGRESSIONAL RECORD — HOUSE

January 3

1961

CONGRESSIONAL RECORD — HOUSE

37

ByMr.YATKS:
HH. 49. A bill to provide for the DUtrlct
of Columbia an appointed Governor and
•ecretary. and an elected legislative assembly
and nonvoting Delegate to the House of
Representatives, and for other purposes; to
the Committee on the District of Columbia.
By Mr. JOHNSON of Wisconsin:
HJl. 50. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
Interstate commerce, without unduly bur-
dening such commerce; to the Conunlttee on
Interstate and Foreign Commerce.
ByMr. ZABLOCKI:
HJft. 61. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
Interstate commerce, without unduly bur-
dening such conmierce; to the Comnxlttee on
Interstate and Foreign Commerce.
ByMr. REDSS:
H.R. 52. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
Interstate conunerce, virlthout unduly b\ir-
denlng such commerce; to the Oonmilttee on
Interstate and Foreign Commerce:
3y Mr. KASTKNMEIER:
H.R. 53. A bin to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
interstate commerce, without unduly bxu--
denlng such conunerce; to the Committee on
Interstate and Foreign Commerce.
ByMr. O'KONSKI:
H.R. 54. A bill to amend the Public Health
Service Act to protect the public from tm-
sanltary milk and milk products shipped In
Interstate commerce, without unduly bur-
dening such commerce; to the Committee on
Interstate and Foreign Commerce.

By Mr. BYRNKS of Wisconsin:
H.R. 55. A bill to amend the Public Health
Service Act to protect the public frc»n \m-
sanltary milk and milk products shipped In
Interstate commerce, without unduly bur-
dening such commerce; to the Committee on
Interstate, and Foreign Commerce.
By Ui. VAN PELT:
HJR. 56. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped in
Interstate commerce, without unduly bur-
dening such commerce; to the Committee on
Interstate and Foreign Commerce.
ByMr. LAIRD:
H.R. 57. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped in
Interstate commerce, without unduly bur-
dening such conunerce; to the Conunlttee on
Interstate and Foreign Commerce.
By Mr. BLATNIK:
H.R. 58. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped in
interstate conunerce, without unduly biur-
dening such conxmerce; to the Committee on
Interstate and Foreign Commerce.
By Mr. QUIE:
HJl. 59. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped in
Interstate commerce, without unduly bur-
dening such commerce; to the Committee on
Interstate and Foreign Commerce.
By Mr. NELSEN :
H.R. 60. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
interstate commerce, without luiduly bur-
dening such conunerce; to the Committee
on Interstate and Foreign Commerce.
By Mr. BALDWIN:
H.R. 61. A bill making unlawful the re-
quirement for the payment of a poll tax as
a prerequisite to voting In a primary or other
election for national officers; to the Commit-
tee on House Administration.

H.R. 63. A bill to make permanent certain
increases in annuities payable from the civil
service retirement and disability fund; to the
Committee on Post Office and Civil Service.

H.R. 63. A bin to amend tltl s 38, United
States Code, to provide a 10-per(jent Increase
in the education and training allowances
paid to individuals pursuing educational
programs under laws administered by the
Veterans' Administration, and for other pur-
poses; to the Committee on Veterans' Affairs.
By Mr. BECKER:
H.R. 64. A bill to amend the RaUway Labor
Act to prevent Interference with the move-
ment of Interstate commerce, and for other
purposes; to the Committee on Interstate and
Foreign Commerce.

By Mr. BENNETT of Florida:
H.R. 65. A bill to create and prescribe the
fxmctions of a Peace Corps; to the Committee
on Foreign Affairs.

ByMr. BOLAND:
H Jl. 66. A bill to provide for the estab-
lishment of Cape Cod National Seashore
Park; to the Committee on Interior and In-
sular Affairs.

By Mr. BYRNES of Wisconsin:
HJR. 67. A bin to repeal the maximum
limitations which apply for purposes of the
income tax to the deduction for medical care
expenses; to the Committee on Ways and
Means. ^

By Mr. CANNON:
H.R. 68. A bUl to promote economy in
Ooveriunent by reducing the rate at which
individual income taxes are withheld at the
source; to the Committee on Ways and
Means.

HJl. 69. A bUl providing for construction
of a highway, and appurtenances thereto,
traversing the Mississippi Valley; to the Com-
mittee on Public Works.
By Mr. CELLER :
HJl. 70. A bUl to require Jukebox opera-
tors to pay royalty fees for the use ot the
musical property of composers, authors, and
copyright owners; to the Committee on the
Judiciary.

HJi. 71. A blU to supplement the antitrust
laws of the United States against restraint
of trade or commM-ce by preventing manu-
facturers at motor vehicles from financing
and ins\iring the sales of their products; to
the Committee on the Judiciary.

HJl. 72. A bill to amend the Clayton Act,
as amended, to establish standards for the
organization and operation of Government
advisory groups; to the Committee on the
Judiciary.

H Jt. 73. A bill to amend section 8 of the
Olajrton Act, relating to interlocking di-
rectorates; to the Committee on the Judi-
ciary.

HJl. 74. A bill to reimburse the city of
New York for expenditure of funds to re-
habilitate slip 7 in the city of New York for
use by the U.S. Army; to the Committee on
the Judiciary.

HJl. 76. A blU to amend section 2103 of
title 28, United States Code, relating to ap-
peals Improvidently taken; to the Commit-
tee on the Judiciary.
ByMr. CONTK:
HJl. 76. A bill to establish an effective pro-
gram to alleviate conditions of substantial
and persistent unemployment and underem-
ployment in certain economically depressed
areas; to the Committee on Banking and
Cxurency.

By Mr. CUNNINGHAM:
HH. 77. A bin to increase the public bene-
fits from the national fish and wildlife con-
servation areas through their incidental or
secondary use for public recreation, and for
other ptirposes; to the Committee on Mer-
chant Marine and Fisheries.
Bylir.DAIOARIO:
HH. 78. A bill to amend the Internal Reve-
nue Code of 1964 to tax cigars having manu-

factured wrappers at rates no lower than
those applicable to cigarettes; to the Com-
mittee on Ways and Means.
By Mr. DEROUNIAN :

HJl. 79. A bUl to amend the Internal Reve-
nue Code of 1954 to allow a deduction for in-
come tax pvirposes of expenses Incurred by
an Individual for transportation to and from
work; to the Committee on Ways and Means.

H.R. 80. A bUl to amend the Railway Labor
Act to prevent Interference with the move-
ment of Interstate commerce, and for other
purposes; to the Committee on Interstate and
Foreign Conunerce.

By Mr. EDMONDSON:

H.R.81. A bin to authorize appropriations
for the purpose of equlUbly reimbursing the
States for certain free and toll roads on the
National System of Interstate and Defense
Highways, and for other purposes; to the
Committee on Public Works.

H.R. 82. A bill to authorize Federal assist-
ance to the States and local conununlties in
financing a program of atomic and disaster
shelters in the Nation's schools; to the Com-
mittee on Armed Services.

H.R. 83. A bill to amend section 21 of the
Second Liberty Bond Act to provide for the
retirement of the pubUc debt; to the Com-
mittee on Ways and Means.

H.R. 84. A bill to stabUlce the mining of
lead and zinc by small domestic producers
on public, Indian, and other lands, and for
other purposes; to the Committee on Inte-
rior and Insular Affairs.

HJl. 86. A bill to amend the Internal Rev-
enue Code of 1964 so as to exclude from gross
Income gain realized from the condemnation
of certain property by the United States or
a State, or from the sale of such property to
the United States or a State under threat or
Imminence of condemnation; to the Com-
mittee on Wa3rs and Means.

By Mr. FRELINOHUYSEN :

HJl. 86. A bUl to amend the Internal Rev-
enue Code of 1964 to provide a 30-percent
credit against the individual Income tax for
amounts paid as tuition or fees to certain
public and private institutions of higher
education; to the Committee on Ways and
Means.

ByMr. FRIEDEL:

HJl. 87. A bin to authorize each Member of
the House of Representatives to employ an
administrative assistant; to the Committee
on House Administration.
ByMr. HALPERN:

HJl. 88. A bill to amend title n of the
National Housing Act to authorize a decrease
in the premium charged for the insxirance
of mortgages under that title, and for other
purposes; to the Committee on Banking and
Currency.

H.R.89. A bUl to amend title II of the
National Housing Act to Increase the amor-
tization period for mortgages on cooperative
housing; to the Committee on Banking and
Currency.

ByMr.HOEVEN:

H.R. 90. A bill to extend and expand the
conservation reserve program, to authorize
the use of payments-in-klnd, and for other
purposes; to the Conunlttee on Agriciilture.

H.R. 91. A bill to provide for a specific
contribution by State governments to the
cost of feed or seed fximished to farmers,
ranchers, or stockmen In disaster areas, and
for other purposes; to the CoBimlttee on
Agriculture.

H.R.92. A bill to provide for the appoint-
ment of a district Judge for the northern
and southern districts of Iowa; to the Com-
mittee on the Judiciary.

H.R. 93. A bill to extend rural mall de-
livery service; to the Committee on Post
Office and Civil Service.
By Mr. HOLLAND:

H.R. 94. A bUl to amend the Social Security
Act and the Internal Revenue Code so as to
provide insurance against the costs of hos-

i

I' 1

pltal, nursing home, and surgical service for
persons eligible for old-age and survivors in-
surance benefits, and for other ptirposes; to
the Committee on Ways and Means.
By Mr. IKAliD of Texsi:

HJl. 95. A bill to amend subcliapter B of
chapter 1 of the Internal Revenue Code at
1964 to provide for its S4>plication in the
case of certain rental horuing. and for other
purposes; to the Committee on Ways and
Means.

HJl. 96. A bUl relating to the application
of the excise tax on club dues to the anumnts
paid for certain capital improvements: to
the Committee on Ways and Means.

HJl. 97. A bin to amend chapter 1 of the
Internal Revenue Code of 1964 In regard to
certain investments by dealers in real es-
tate; to the Committee on Ways and Means.
By Mr. JENNINGS:

H.R. 98. A bUl to amend the Federal Prop-
erty and Administrative Services Act of 1949
to permit donations of sxuplus property to
volunteer firefightlng organizaUons and to
volunteer rescue or Ufesaving organizations,
and for other purposes; to the Conunlttee
on Government Operations.

HJl. 99. A bUl to amend title n of the So-
-elal Security Act to provide that full bene-
fits (when based upon the attainment of
retirement age) will be payable to both men
and women at age 62; to the Committee on
Ways and Means. ^

By Mrs. KXX:

HH. 100. A bUl to amend burial benefit
provisions of chapter 23. title 38, United
States Code; to the Committee on Veterans'
Affairs.

ByMr.DmOQX:

HA. 101. A bUl to protect the right of
Individuals to be free from discrimination or
segregation by reason of race, color, religion,
or national origin; to the Committee on the
Judiciary.

HJl. 102. A bill to authorize the Attorney
General to Institute for the United States a
elvU action for preventive relief whenever
any acts have been committed which would
give rise to a cause of action under section
1980 of the Revised Statutes; to the Commit-
tee on the Judiciary.

HJl. 103. A bill to declare certain rights of
all persons within the Jurisdiction of the
United States, and for the protection of such
persons from lynching, and for other pur-
poses; to the Committee on the Judiciary.

H.R. 104. A bin to prohibit discriminaUon
In employment because of race, color, rell-
g:ion, national origin, or ancestry; to the
Conunlttee on Education and Labor.

HJl. 106. A bni to prohibit the use of Gov-
ernment property by any organisation prac-
ticing segregation on the basis of race, creed,
or color; to the Conunlttee on Public Works.

HJl. 106. A bill to establish an agency of
the legislative branch of the Federal Gov-
ernment authorized to conduct the elections
of Members of the Senate and the House of
Representatives; to the Committee on House
Administration .

ByMrs. BXE:

HJl. 107. A bill to amend Veterans Reg-
ulation No. 9(a) to provide that the Veterans'
Administration will transport the body of a
veteran, who dies in a State home for dis-
abled soldiers and Ballws, to the place of
burial within the continental limits of the
United States; to the Committee on Veterans'
Affairs.

H.R. 108. A bUl to amend title 38, United
. States Code, to permit for 1 year the granting
of national service life Instu-ance to veterans
with service-connected disabilities; and to
permit for 1 year veterans with service-con-
nected disabilities less than total to obtain
disability income protection under national
service life insurance, and for other pur-
poses; to the Committee on Veterans' Affairs.

HJl. 109. A bill to amend section 811 of
title 38, United States Code, so as to afford

a conclusive presumption of soundness un-
der certain conditions in wartime cases; to
the Committee on Veterans' Affairs.

HJl. 110. A bUl to authorize the estab-
lishment of a Youth Conservation Corps to
provide healthful outdoor training and em-
ployment for young men and to advance the
conservation, development and management
of national resources of timber, soil, and
range, and of recreational areas; to the Com-
mittee on Education and Labor.
By Mr. KIRWAN:

H.R. 111. A bill to authorize the Secretary
of the Interior to construct a National Aquar-
ium in the District of Columbia; to the
Committee on the District of Coliimbia.
By Mr. LDBCNATI:

HJl. 112. A bUl to amend the act of Sep-
tember 1, 1954, in order to limit to cases in-
volving the national security the prohibition
on payment of annuities and retired pay to
officers and employees of the United States,
to clarify the application and operation of
such act, and for other pxuposes; to the
Committee on Post Office and Civil Service.
By Mr. LENNON:

HJl. 118. A bin to amend section 142 of
title 28, United States Code, with regard to
accommodations at places for holding co\urt,
and for other purposes; to the Committee on
the Judiciary.

H.R. 114. A bUl to waive section 142 of title
38, United States Code, with respect to the
U.S. District Co\u-t for the Eastern District
of North CaroUna holding coxu-t at Fayette-
vlUe, N.C.; to the Committee on the Judi-
ciary.

By Mrs. MAY:

HJl. 115. A bill for the aUocatlon of costs
on the Wapato-Satus luiit of the Wapato
Indian irrigation project; to the Committee
on Interior and Insular Affairs.
By Mr. MADDEN:

H.R. 116. A bin to amend the Federal
Trade Commission Act, to promote qviaUty
and price stabilization, to define and restrain
certain unfair methods of distribution and
to confirm and define the rights of producers
and resellers in the distribution of goods
identified by distinguishing brands, names,
or trademarks, and for other purposes; to
the Committee on Interstate and Foreign
Conunerce.

By Mr. O'NEILL:

HJl. 117. A blU to amend section 201 of
the Immigration and Nationality Act, so as
to provide that all quota numbers not used
In any year shall be made available to inunl-
grants in oversubscribed areas in the foUow-
ing year, and for other purposes; to the
Committee on the Judiciary.

HJl. 118. A bni to admit 60.000 Immi-
grants, natives and citizens of Italy; to the
Conunlttee on the Judiciary.

HJl. 119. A bin to amend the ClvU Service
Retirement Act to Increase to 21/2 percent
the multiplication factor for determining
annuities for certain Federal employees en-
gaged in hazardous duties; to the Commit-
tee on Post Office and Civil Service.

HJl. 120. A bill to amend the Annual and
Sick Leave Act of 1961, to increase the annual
and sick leave which may be earned and ac-
cumulated by officers and employees of the
Federal Oovemment; to the Committee on
Post Office and Civil Service.

HJl. 121. A bin to amend the Internal Rev-
enue Code of 1954 with respect to the tax
treatment of payments imder retirement
plans of certain exempt organizations; to the
Committee on Ways and Means.

By Mr. OT^EILL (by request) :

HJl. 122. A bin to amend the Federal
Aviation Act of 1968 so as to establish a com-
mittee on safety regulations under the Civil
Aeronautics Board for the purpose of review-
ing safety regulations issued by the Admin-
istrator of the Federal Aviation Agency, and
for other purposes; to the Committee on In-
terstate and Foreign Commerce.

ByMr.PATMAN:

H.R. 128. A bin relating to certain dis-
criminatory pricing practices affecting com-
merce; to the Conunlttee on the Judiciary.

HA. IM. A bUl to amend the Clayton Act
as amended, to strengthen our competitive
enterprise system by providing for competi-
tive acts, practices, and methods of compe-
tition, and for other purposes; to the Com-
mittee on the Judiciary.

HJR. 126. A bin to amend the Clayton Act
so as to supplement existing laws against
unlawful restraint and monopolies by pro-
viding tlutt violations of the Robinson -Pat-
man Act shall constitute violations of the
antitrust laws; to the Conunlttee aa the
Judiciary.

HA. 126. A bill to provide for Jury trials
in condemnation proceedings in U.S. district
courts; to the Committee on the Judiciary.

H.R. 127. A biU to amend the Federal Trade
Commission Act to strengthen independent
ccMnpetltlve enterprise by providing for fair
competitive acts, practices, and methods of
competition, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.

By Mr. ROBERTS:

HA. 128. A bin to amend section 410 of
title 38, United States Code, to provide that
aU retired members of the uniformed serv-
ices who served not le^p than 20 years on
active duty, or who were retired for dis-
ability in excess of 50 percent, and who die
after 1956 shall be considered to have died
service-connected deaths; to the Committee
on Veterans' Affairs.

HA. 129. A bin to provide for the Issuance
of a special postage stamp in recognition
of governmental and private efforts to pro-
mote highway safety; to the Committee on
Post Office and Civil Service.

HA. 180. A bin to amend title 10, United
States Code, to permit a Representative in
Congress to ncnninate as a candidate to a
service academy, a person domiciled at any
place in the State from which such Repre-
sentative l£ elected; to the Committee on
Armed Services.

HA. 131. A bill to provide that those per-
sons entitled to retired pay w retainer pay
under the Career Compensation Act of 1949
who were prohibited from computing their
retired pay or retainer pay under the rates
provided by the act of May 20, 1958, shaU be
entitled to have their retired pay or re-
tainer pay recomputed on the rates of basic
pay provided by the act of May 20. 1958; to
the Committee on Armed Services.

HA. 132. A bill to amend the Communica-
tions Act of 1934 to establish a program of
Federal matching grants for the construc-
tion of television facilities to be used for
educational purposes; to the Committee on
Interstate and Foreign Commerce.

H.R. 133. A bUI to amend title ni of the
Public Health Service Act to esUbU^ a
national accident prevention center; toe- the
Committee on Interstate and Foreign Com-
merce.

HA. 134. A blU to provide that seat belts
sold or shipped In the Interstate commerce
for lue in motor vehicles shaU meet certam
safety standards; to the Committee on In-
terstate and Foreign Commerce.

By Mr. ROGERS of Colorado:

HA. 136. A bin to amend the Federal Wa-
ter PoUution Control Act to remove a limita-
tion on grants for construction of treatment
works; to the Committee on PubUc Works.

H.R. 136. A bill to reaffirm the national
public poUcy and the purpose of Congress in
the laws against unlawful restraints and
monopoUee, commonly designated "anti-
trust" laws, which among other things pro-
hibit price discriminations; to aid in intel-
ligent, fair, and effective administration and
enforcement thereof; and to strengthen the
Roblnson-Patman Anti-Price Discrimination
Act and the protection which it affords to

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38

CONGRESSIONAL RECORD — HOUSE

January 3

1961

CONGRESSIONAL RECORD — HOUSE

39

Independent buelness, the Congress hereby
rwUnrms that the purpose of the antltnut
IKW In prohibiting price dlacrlmlnatlons Is
to Mcure equality oX opportunity ol all per-
sons to compete in trade or business and
to prsMTTe competition where It exists, to
restore It where It Is destroyed, and to per-
mit It to spring up In new fields; to the
Ckunmlttee on the Judiciary.

H.R. 137. A bill to amend section 1263 of
title 18 of the United States Code to require
that Interstate shipments of Intoxicating
liquors be accompanied by bill of lading, or
other document, showing certain Informa-
tion In lieu of requiring such to be marked
on the package; to the Committee on the
Judiciary.

HJl. 188. A bin to provide for the appoint-
ment of an additional district Judge for the
District of Colorado; to the Committee on
the Judiciary.

HJl. 139. A bill to Increase from $600 to
$1,000 the personal Income tax exemptions
of a taxpayer (Including the exemption for
a spouse, the exemption for a dependent, and
the additional exemption for old age or
blindness); to the Committee on ways and
Means.

H.B. 140. A bin to amend the Internal
Revenue Code of 1954 to provide that the
full amount of any annuity received under
the Civil Service Retirement Act shall be
excluded from gross income; to the Com-
mittee on Ways and Means.

H.R. 141. A bill to provide that tips and
other cash gratuities received by an Individ-
ual In the course of his employment (or self-
employment) may be considered self -employ-
ment Income for old-age, survivors, and dis-
ability Insurance purposes; to the Commit-
tee on Wajrs and Means.

HJl. 142. A blU to repeal the tax on trans-
portation of persons; to the Committee on
Ways and Means.

HH. 143. A blU to amend the Federal Trade
Oommlsslon Act to strengthen lndei>endent
cc«npetitlve enterprise by providing for fair
OMnpetltlve acts, practices, and methods of
competition, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.

By Mr. GROSS:
HJl. 144. A bUl to provide that Federal
expenditures shall not exceed Federal reve-
nues, except in time of war or grave na-
tional emergency declared by the Congress,
and to provide for systematic reduction of
the public debt; to the Committee on Ways
and Means.

By Mr. ROGERS of Colorado :
HJl. 146. A bill to amend the Federal
Trade Commission Act to provide for the
Issuance of temporary cease and desist or-
ders to prevent certain acts and practices
pending completion of Federal Trade Com-
mission proceedings; to the Committee on
Interstate and Foreign Commerce.
By Mr. ROGERS of Texas:
HJl. 146. A blU to amend section 1(14) (a)
of the Interstate Commerce Act to Insure the
adequacy of the national railroad freight car
supply, and for other purposes; to the Com-
mittee on Interstate and Foreign Commerce.
H.R. 147. A bill to Insure effective regula-
tion of DC. Transit System, Inc., and fair
and equal competition between D.C. Transit
Sjrstem, Inc., and its competitors; to the
Committee on Interstate and Foreign Com-
merce.

H,R. 148. A bill to amend the Sugar Act of
1948 to increase sugar quotas for domestic
producers; to the Committee on Agriculture.
HJl. 149. A bill to amend the Sugar Act of
1948 to provide that future increases in sugar
quotas will be allocated to domestic beet
sugar producers In a manner which will as-
avire new growers a fair share of such In-
crease; to the Committee on Agriculture.

HH. 160. A blU to amend title 28 of the
United States Code, so as to provide for the
appointment of an additional district Judge

for the northern district of Texas; to the
Committee on the Judiciary.

H.R. 151. A bill to recognize the authority
of the States relating to the control, appro-
priation, use, or distribution of water within
their boundaries, and for other purposes; to
the Committee on Interior and Insular
Affairs.

H.R. 152. A bill to expand and extend the
saline water conversion program under the
direction of the Secretary of the Interior to
provide for accelerated research, develop-
ment, demonstration, and application of
practical means for the economical produc-
tion, from sea or other saline waters, of water
suitable for agricultural, industrial, munici-
pal, and other beneficial consumptive uses.
and for other purposes; to the Conunittee on
Interior and Insular Affairs.

HJl. 163. A bin to Increase the personal in-
come tax exemption of a taxpayer and the
additional exemption for his spouse from
$600 to $1,000, and to increase the exemption
for a dependent from $600 to $1,000; to the
Committee on Ways and Means.
By Mr. ROONEY :
HJl. 154. A bin to enable the mothers and
widows of deceased members of the Armed
Forces now interred In cemeteries outside
the continental Umlts of the United SUtes
to make a pilgrimage to such cemeteries; to
the Committee on Armed Scrvicse.

HJl. 155. A bill to amend the CivU Service
Retirement Act to increase to 2 '^ percent the
multiplication factor for determining annui-
ties for certain Federal employees engaged
in hazardous duties; to the Committee on
Post Office and Civil Service.

HJl. 156. A bin to amend part B of title IV
of the Veterans' Benefits Act of 1957 to grant
a pension of $100 per month to all veterans of
World War I who are 60 years of age or older;
to the Committee on Veterans' Affairs.

By Mr. ROOSEVELT: -

HJl. 167. A bill to change the name of the
Playa del Rey Inlet and Harbor, Venice, Calif.,
to the Marina del Rey Small Craft Harbor,
Los Angeles, Calif.; to the Committee on Fub-
Uc Works.

ByMr.SISK:
H.R. 168. A bUl to name the Veterans' Ad-
ministration hospital at 2616 Clinton Ave-
nue, Fresno, CalLT., the B. W. Gearhart Veter-
ans' Ho^ltal; to the Committee on Veter-
ans' Affairs.

H.R. 159. A bUl to provide for the orderly
marketing of tiirkeys and to assure consum-
ers an adequate supply of turkeys and tur-
key products of wholesome quality; to the
Committee on Agriculture.

HJl. 160. A bill to implement section 4 of
the act approved December 22, 1944 (Public
No. 534, 78th Cong.), as amended; to the
Committee on Public Works.

HJl. 161. A bill authorizing construction
of the Buchanan Reservoir on the ChowchlUa
River, San Joaquin River Basin, Calif., for
flood control and other piirposes; to the
Committee on Public Works.

H.R. 162. A bill authorizing construction
of the Hidden Reservoir on the Fresno River,
San Joaquin River Basin, Calif., for flood
control and other purposes; to the Commit-
tee on Public Works.

By Mr. THOMSON of Wisconsin:
H.R. 163. A bill to stabilize the mining of
lead and zinc by smaU domestic producers
on public. Indian, and other lands, and for
other purposes; to the Committee on In-
terior and Insular Affairs.
By Mr. TUCK:
H.R. 164. A bin to amend section 134 of
title 28, United States Code, so as to re-
strain any district Judge from performing
regular duties In the management of b\isl-
ness corporations; to the Committee on the
Judiciary.

By Mrs. WEIS:
HJl. 165. A bUl to prohibit discrimination
on account of sex in the payment of wages
by employers having employees engaged in

commerce or in the production of goods for
commerce, and to provide procedures for
assisting employees In coUectlng wages lost
by reason of any such discrimination; to the
Committee on Education and Labor.

HJl. 166. A bill to provide that for the
purpose of disapproval by the President each
provision of an apprt^rlation blU shall be
considered a separate blU; to the Oommlttee
on the Judiciary.

HJl. 167. A bill to amend the Internal
Revenue Code of 1954 to provide that volun-
teer fire companies which are exempt from
tax under section 501 of such code shall be
subject to tax on their unrelated business
income but shall not lose their exemption
because of such Income; to the Committee
on Ways and Means.

HJl. 168. A bill to amend title XI of ttie
Social Sectirity Act to provide a more liberal
definition of "dlsabnity"; to the Committee
on Ways and Means.

H.R 169. A bill to amend title H of the
Social Security Act so as to remove the
limitation upon the amount of outside In-
come which an individual may earn while
receiving benefits therexxnder; to the Com-
mittee on Ways and Means.

HJl. 170. A bill to amend the Railroad Re-
tirement Act of 1937 to provide for the re-
calculation and reaward of annuities which
have been paid In a lump s\nn on a c<»n-
muted-value basis to take accotint of an-
nuity Increases becoming effective after such
payment; to the Committee on Interstate
and Foreign Commerce.

By Mr. WILLIAMS:

H.R. 171. A bUl to amend the Internal
Revenue Code of 1964 to provide an ex-
emption from the tax on club dues for non-
profit hunting and fishing clubs; to the Oom-
mlttee on Ways and Means.

H.R. 172. A bill to provide that the provi-
sions of the Natural Gas Act shall not apply
to the sale of natural gas, as an Incident of
Its production and gathering, by an Inde-
pendent producer not engaged in the Inter-
state transmission of natural gas; to the
Committee on Interstate and Foreign C<nn-
merce.

By Mr. WILLIS:

H.R. 173. A blU to amend tlUe 89. United
States Code, to codify certain recent public
laws relating to the postal service and to
Improve the code; to the Committee on the
Judiciary.

By Mr. WILSON of Oallfomla:

HJl. 174. A bin to provide that those per-
sons entitled to retired pay or retainer pay
under the Career Compensation Act of 1949
who were prohibited from computing their
retired pay or retainer pry under the rates
provided by the act of May 20. 1958, shall
be entitled to have their retired pay or re-
tainer pay recomputed on the rates of basic
pay provided by the act of May 20, 1958; to
the Committee on Armed Serrloes.

HJl. 176. A bUl to provide that Imperial
and San Diego Counties In the State of Cali-
fornia shall constitute a new and separate
Judicial district to be known as the southern
district of California and to redesignate the
present southern district of California as the
central district of California; to the Com-
mittee on the Judiciary.
By Mr. WALTER:

H.R. 176. A bill to amend section 331 of
title 28 of the United States Code so as to
provide for representation on the Judicial
Conference of the United States; to the
Committee on the Judiciary.

HJl. 177. A bni to provide that each mem-
ber of the bar of the highest court of a SUte
or of a Federal court shall be eligible to prac-
tice before all administrative agencies; to
the Committee on the Judiciary.

HJl. 178. A bin to limit the appUcabUlty
of the antitrust laws so as to exempt certain
aspects of designated professional team
sports, and for other purposes; to the Com-
mittee on the Judiciary.

HJl. 179. A bin to amend sections 102 and
104 of the Revised Statutes of the United
States to provide that misbehavior In the
presence of either House of Congress, or any
committee thereof. shaU constitute a mis-
demeanor; to the Committee en the Judici-
ary.

HJl. 180. A blU to amend the ClvU Service
Retirement Act to Increase to 2y, percent the
mxiltiplication factor for determining an-
nuities for certain Federal employees engaged
in hazardous duties; to the Committee on
Post Office and Civil Service.

H.R. 181. A blU to amend sections 3353
and 8253 of tlUe 10, United States Code; to
the Committee on Armed Services.

H.R. 182. A bill to provide that the Alco-
holic Beverage Control Board establish and
maintain Government liquor stores in the
District of Columbia, and for other pur-
poses; to the Oommlttee on the District of
Columbia.

HJl. 183. A bUl to provide for the construc-
tion of a public building In Philadelphia, Pa.,
for the use and accommodation of the U.S.
courts; to the Committee on Public Works.

H.R. 184. A bUl to provide for adjusting
conditions of competition between certain
domestic industrlef^ and foreign Indiistries
with respect to the level of wages and the
working conditions in the production of ar-
ticles imported into the United States; to
the Committee on Ways and Means.

H.R. 185. A bill to improve the working
conditions of migratory and other farm labor
In the United States; to the Committee cm
Ways and Means.

H.R. 186. A bin to amend title n of the
Social Security Act to permit an individual to
waive his right to receive benefits thereunder
In order to preserve his right to receive bene-
fits under other laws; to the Committee on
Ways and Means.

HJl. 187. A bUl to provide for the JiHllclal
review of orders of deportation; to the Com-
mittee on the Judiciary.

H.R. 188. A bUl to define the application of
the Clayton and Federal Trade Commission
Acts to certain pricing practices; to the Com-
mittee on the Judiciary.

HJt. 189. A bin to amend section 1861 of
tlUe 28, United States Code, In relating to the
qualifications of Jurore, and for other pur-
poses; to the Committee on the Judiciary.

Hit. 190. A bin to amend the Clayton Act
to allow the courts discretion in awarding
damages, and for other purposes: to the Com-
mittee on the Judiciary.

HJl. 191. A bUl to provide for the appoint-
ment of additional circuit and district
Judges; to the Committee on the Judiciary.

HJl. 193. A bUl to amend sections 212. 810,
340, and 840 of the Immigration and Nation-
ality Act; to the Committee on the Judiciary.
By Mr. WILSON of California:

HJl. 193. A bUl to amend chapter 79 of
title 10. United States Code, to provide that
certain boards established thereunder shaU
give cotulderatlon to satisfactory evidence
relating to good character and exemplary
conduct in civilian life after discharge or dis-
missal in determining whether or not to cot-
rect certain discharges and dismissals; to
authorise the award of an Exemplary Reha-
bilitation Certificate; and for other purposes;
to the Committee on Armed Services.
By Mr. YOUNG :

H.R. 194. A bUl to provide for the estab-
lishment of a veterans hospital in south
Texas: to the Committee on Veterans' Af-
fairs.

By Mr. ASHLXT:

H.R. 196. A bUl to amend the Social Secu-
rity Act and the Internal Revenue Code, so as
to provide insurance against the oocts of hos-
pital, nursing home, home nursing service,
and diagnostic out-patient hospital services
tar persons eligible for old-age. survivors, and
disabUlty Insurance benefits, and for other
purposes; to the Oommlttee on Ways and

By Mr. BAILEY:
H.R. 196. A bin to amend the Federal Coal

Mine Safety Act so as to provide further for
the prevention of accidents In coal mines; to
the Oommlttee on Education and LatXK'.
By Mr. BALDWIN:

HJt. 197. A bin to amend the pubUc as-
sistance provisions of the Social Security
Act to eliminate deductions due to home
ownership; to the Committee on Ways and
Means.

HJl. 198. A bin to amend the Internal
Revenue Code of 1954 to provide ttiat all
transportation furnished to members of the
Armed Forces (Instead of only transportation
costing 2V^ cents per mUe or less as under
present law) shall be exempt from the tax
on transportation of persons; to the Com-
mittee on Ways and Meaiu.

HJl. 199. A bin to provide that those per-
sons entitled to retired pay or retainer pay
under the Career Compensation Act of 1949
who were prohibited from computing their
retired pay or retainer pay under the rates
provided by the act of liay 20. 1958, shall
be entitled to have their retired pay or re-
tainer pay recomputed on the rates of basic
pay provided by the act of May 20, 1958;
to the Committee on Armed Services.

HJl. 200. A bill to amend the act entitled
"An act authorizing Federal participation
In the cost of protecting the shores of pub-
licly owned property." approved August 18,
1946; to the Committee on Public Works.

HJl. 201. A bill to define the status of re-
tired officers of the Armed Forces, and for
other Durposes; to the Committee on Armed
Services.

By Mr. BECKER :

HJl. 202. A blU to amend the Internal
Revenue Code of 1954 to aUow a deduction
for Income tax purposes of expenses inciured
by an Individual for transportation to and
from work; to the Committee on Ways and
Means.

By Mr. BONNER:

HJl. 203. A bin to authCHlse the construc-
tion and equipping of three Coast Guard
cutters designed tor Icebreaklng In the Arctic
and Antarctic regions, and for other piu:-
poees; to the Committee on Merchant Ma-
rine and Fisheries.

HJl. 204. A bin to confer on the Federal
Maritime Board the authority to determine
postal rates for ocean maU transportation;
to the Committee on Merchant Marine and
Fisheries.

HJl. 206. A bin to revise section 4166 of the
Revised Statutes (46 U.S.C. 85) to permit
documentation of vessels sold or transferred
abroad; to the Oommlttee on Merchant Ma-
rine and Fisheries.

HJl. 306. A bin to f aclUtate administration
of the fishery loan fund established by sec-
tion 4 of the Fl£h and WUdlife Act of 1956.
and for other piirposes; to the Committee
on Merchant Marine and Fisheries.

H.R. 207. A bUl to amend title 46. United
States Code, to provide for limitation of lia-
bility for vessel owners in suits by third par-
ties based upon the warranty of seaworthi-
ness, and for other purposes; to the Commit-
tee on Merchant Marine and Fisheries.
By Mr. BUCKLEY:

HJl. 208. A bin to amend the Fair Labor
Standards Act of 1938 so as to Increase from
$1 to $1.25 the minimum hourly wage pre-
scribed by section 6(a)(1) of that act; to
the Conm[iittee on Education and Labor.

HJl. 200. A bin to amend title 38, United
States Code, to provide for pajrment of pen-
sions to veterans of World War I; to the
Committee on Veterans' Affairs.

By Mr. BYRNE of Pennsylvania :

H.R. 210. A bin to grant a pension of $100
per month to all honorably discharged vet-
erans of World War I who are over 62 yet«-s
of age; to the Committee on Veterans' Af-
fairs.

ByMr.DAI»ARIO:

HJl. 211. A bin to amend the National
Aeronautics and 8]>ace Act of 1958 to pro-
vide life insiirance In the amount of $100,000
for Individuals whUe training for or per-
forming, the flight of man in space; to the
Committee on Science and Astronautics.
By Ur. DDn::

HJSk.il2. A bin to amend chapter 15 of
title 38, United SUtes Code, to provide for
payment of a pension of $100 per month to
World War I veterans who have attained the
age of 60 years; to the Committee on Vet-
erans Affairs.

By Mr. DOWNING:

H.R. 213. A bin to repeal section 502(d)
and a portion of section 509 of the Merchant
Marine Act, 1936, which requires bids by
Pacific coast shipbuilders be approved under
certain circumstances; to the Committee on
Merchant Marine and Fisheries.
By Mr. FERNbS-ISKElN :

H.R.214. A bin to provide for the con-
struction of a^new Veterans' Administration
hospital in Puerto Rico; to the Committee on
Veterans Affairs.

By Mrs. GRIFPITHS :

HJl. 215. A bin to amend chapter 137 of
tlUe 10 of the United States Code to provide
for certain reports from contractors with the
United States; to the Committee on Armed
Services.

HJl. 216. A bin to establish a Federal Rec-
reation Service in the Department of Health.
Education, and Welfare, and for other pva-
poses; to the Committee on Education and
Labor.

HJl. 217. A bin to prohibit discrimination
on account of sex In the payment of wages
by employers engaged in commerce or In
operations affecting commerce, and to pro-
vide procediu^ for the conectlon of wages
lost by employees by reason of any such dis-
crimination; to the Cconmlttee on Education
and Labor.

By Mr. GROSS:

HJl. 318. A bUl to provide that individuals
enlisted Into the Armed F(»-ces of the United
States ShaU take an oath to support and
defend the Constitution of the United States;
to the Committee on Armed Services.

HJt. 219. A bill to amend titles 10 and 14
of the United States Code to provide that
cadets and midshipmen entering the service
academies hereafter shaU agree to serve 8
years on duty after graduation; to the Com-
mittee on Armed Services.

By Mr. HARRISON of Virginia:

HJl. 220. A bin to amend the Int«ixal
Revenue Code of 1954 to clarify the excise tax
on transportation of persons as applied to
payments for sightseeing; to the Conmilttee
on Ways and Mecois.

HJl. 321. A bin to amend section 4071 of
the Internal Revenue Code of 1954; to the
Committee on Ways and Means.
ByMr.HIESTAND:

H.R. 222. A bill to instire greater con-
sistency among Federal loan programs, to
avoid hidden subsidies, and to achieve more
effective coordination between Federal loan
programs and the fiscal and credit policies
of the Federal Government; to the Commit-
tee on Ways and Means.

HJl. 328. A bUl to restrict mUltary aircraft
maintenance, overhaul, and modiflcation
function in Government-operated faculties
to performance of strictly mUitary require-
ments that cannot be prociu^d from private
enterprise; to the Committee on Armed Serv-
ices.

HJl. 234. A bUl to prescribe a standard of
loyalty to the U.S. Gtoverrunent for mUl-
tary personnel, to prescribe procediire for
the determination of the loyalty at su<di
personnel, and for other purposes; to the
Conunittee on Armed Services.

HJl. 225. A bill to amend the Fair Labor
Stendards Act of 1938 to eliminate the con-
flict and dupUcatlon between that act and

1

!

VfCil TQP

January 3

40

CONGRESSIONAL RECORD — HOUSE

January S

the several labor atandiurdB acts applicable
to petwaoB doing btulnees with, or engaged
to activities assisted by, the Federal Govern-
ment; to the Committee on Education and
Lftbor.

HH. 226. A bUl to amend Public Law 874,
8l8t Congress, relating to Federal assist-
ance to the operation of schools in areas af-
fected by Federal activities, so that the
amount of such assistance will reflect taxes
paid on personal property to which the
United States has an Interest; to the Com-
mittee on Education and Labor.

H.R. 227. A bin to establish a Joint Com-
mittee on Foreign Intelligence; to the Com-
mittee on Rules.

HH. 228. A bin to limit and prevent cer-
tain concerted activities by labor organiza-
tions which toterefere with or obstruct or
Impede the free production of goods for
commerce or the free flow thereof In com-
merce, and for other purposes; to the Com-
mittee on Education and Labor.

HJB. 229. A bin to further amend the
Labor-Management Relations Act of 1947;
to the Committee on Education and Labor.
HJl. 230. A bill to repeal sections 5 and 6
of the Federal Water Pollution Control Act;
to the Committee on Public Works.
By lir. IKARD of Texas:
HJl. 231. A bUl to amend the Internal
Revenue Code of 1954. as amended; to the
Committee on Ways and Means.

H.R. 232. A bin to amend section 21 of the
Second Liberty Bond Act to provide fc*
the retirement of the pubUc debt; to the
Committee on Ways and Means.

HH. 238. A blU to amend the Internal Rev-
enue Code o< 1964 to provide that an Indi-
vidual may deduct amounts paid tot tuition,
fees, emd books to certain public and private
Institutions of higher education few his edu-
cation or the education of any of his depend-
ents; to the Committee on Ways and Means.
H.R. 234. A bill to amend the Internal Rev-
enue Code of 1964 to provide that rebuilt
parts and accessories shall be exempt from
the manufaotvirers excise tax on automotive
parts and acceesorles; to the Committee on
Ways and Means.

By Mrs. K£E:
HJl. 236. A bUl to amend title n of the
Social Security Act to reduce from 62 to 60
the age at which widows' benefits become
pajrable thereimder; to the Committee on
Ways and Means.

By Mrs. KELLT:
H.R. 236. A bUl providing that there shaU
be equal pay for equal work for women; to
the Conunlttee on Education and Labor.

H Jl. 237. A bUl to prohibit agencies of the
United States from im{>06ing contractual
provisions boycotting vessels trading with
Israel; to the Committee on Merchant Ma-
rtoe and Fisheries.

By Mr. LAIRD:
HH. 238. A bUl to amend the Internal Rev-
enue Code of 1954 to provide a 30-percent
credit against the Individual tocome tax for
amounts paid as tuition or fees to certain
public and private Institutions of higher edu-
cation and high schools; to the Committee
on Ways and Means.

By Mr. LESINSKI:
HJl. 239. A bin to amend title 11 of the
Social Security Act to Increase all benefits
thereunder by 10 percent and to provide that
fuU benefits (when based on attainment of
retirement age) wlU be payable to both men
and women at age 60, and for other purposes;
to the Conunlttee on Ways and Means.
By Mr. LIBONATI:
H.R. 340. A bUl to amend the Fair Labor
Standards Act of 1938 to establish a $1.25
minimum hourly wage, and for other pxu*-
poses; to the Committee on Education and
Labor.

By BCr. LESINSKI:
HJt. 241. A bUl to termtoate the retaUers
and manufact\irers excise taxes (other than
taxes for the highway trust fund and taxes

for fish and wildlife purposes) and the excise
taxes on facilities and services; to the Com-
mittee on Ways and Means.

H Jl. 242. A bin to amend the National De-
fense education Act of 1968, to provide for
cancellation of student loans for service as a
teacher In a private school as well as for
such service in public schools; to the Com-
mittee on Education and Labor.

H.R. 243. A bUl to provide for a program of
Federal loans to assist States and local com-
mxinltles to building schools; to the Com-
mittee on Education and Labor.

HJl. 244. A bin to amend the Internal
Revenue Code of 1954 to tocrease the per-
sonal Income tax exemptions from $600 to
♦800. and for other purposes; to the Com-
mittee on Ways and Means.
By Mr. LIBONATI:

HJl. 246. A bin to amend section 301 of
the World War Veterans Act. 1924, to provide
that certato term Insurance held by World
War I veterans shall be considered as fully
paid when the Insured reaches the age of 66;
to the Committee on Veterans' Affairs.

H.R. 246. A bill to provide for the estab-
lishment of the Biueau of Older Persons
within the Department of Health, Education,
and Welfare; to authorize Federal grants to
assist to the development and operation of
studies and projects to help older persons;
and for other purposes; to the Conunlttee on
Education and Labor.

H.R. 247. A bin to amend the Pair Labor
Standards Act of 1938 to prohibit the dis-
crimination in employment against individ-
uals on account of their age; to the Commit-
tee on Education and Labor.

H.R. 348. A bin to reduce the maximum
workweek under the Fair Labor Standards
Act of 1938. as amended, to 35 hours, and for
other purpoees; to the Conunlttee on Educa-
tion and Lobor.

HJl. 240. A bni to encourage the establish-
ment of voluntary pension plans by self-
employed Individuals; to the Committee on
Ways and Means.

HJl. 250. A bin to amend section 1662
title 10, United States Code, and section 301
of the Servicemen's Readjustment Act of 1944
to provide that the Board of the Correction
of Military or Naval Records and the Boards
of Review, Discharges, and Dismissals shaU
give consideration to satisfactory evidence
relating to good character and exemplary
conduct in civilian life after discharge or dis-
missal In determining whether or not to cor-
rect certain discharges and dismissals; to
authorise the award of an exemplary re-
habilitation certificate; and for other pur-
poses; to the Committee on Armed Services.

H.R. 251. A bin to amend tiUe 10 of the
United States Code to provide for the estab-
lishment of a program of cash awards for
suggestions or inventions made by members
of the Armed Forces which contribute to
the efficiency, economy, or other improve-
ment of Oovernment operations In the gen-
eral field under the supervision of the Sec-
retary of Defense; to the Committee on
Armed Services.

H.R. 252. A bin to authorize the establish-
ment of a youth camp recreation program
to assist those organizations which have for
their purpose the providing of healthful out-
door and camp training for indigent children
and to Inculcate the principles of American-
ism and loyalty to the Republic In these
chUdren who are Its citizens of the future;
to the Committee on Education and Labor.

H.R. 263. A bill to provide financial as-
sistance for the support of public schools by
appropriating funds to the States to be used
for constructing school facilities and for
teachers' salaries; to the Committee on Edu-
cation and Labor.

HJl. 264. A bUl to protect the right of the
bUnd to self-expression through organiza-
tions of the blind; to the Committee on Edu-
cation and Labor.

H.R. 255. A bill to grant a pension of $100
per month to all honorably discharged Tet-

erans of Wwld War I who are over 62 years
of age; to the Committee on Veterans' Affairs.
By Mr. MCMILLAN:
HJl. 266. A bin to amend the District of
Columbia AlcohoUc Beverage Control Act; to
the Committee on the District of Ooltimbia.

HJl. 257. A bUl to amend the District of
Colimibla Motor Vehicle Parktog Faculty Act
of 1942; to the Committee on the District of
Coliimbla.

HJl. 268. A bin to amend the District of
Columbia Sales Tax Act so as to Increase the
rate of tax Imposed on gross receipts from
certato sales, and for other purposes; to the
Committee on the District of Columbia.
By Mr. MACHROWICZ:

HJl. 259. A bill to recognize certato na-
tional nonprofit, nonpolitlcal war veterans'
organization.^, for purposes of bestowtog up-
on them certain benefits, rights, privileges,
and prerogatives; to the Committee on Veter-
ans' Affairs.

HJl. 260. A bUl to authorize an emergency
2 -year program of Federal financial assist-
ance to school construction to States and
local communities; to the Committee on Edu-
cation and Labor.

H.R. 261. A bin to amend secUon 37 of
the Internal Revenue Code of 1964 to equal-
ize for an taxpayers the amount which may
be taken Into account to computtog the
retirement tocome credit thereunder; to the
Committee on Ways and Means.
By Mr. POWELL:

HJl. 362. A bin to prohibit discrimination
In employment because of race, color, re-
ligion, national origin, or ancestry; to the
Committee on Education and Labor.

HJl. 363. A bin to eliminate discrimina-
tion and segregation to the National auard
and Air National Guard, and to prohibit the
use of the National Guard and the Air
National Guard to aid or abet the violation
of Federal Uw; to the Committee on Armed
Services.

HJl. 364. A bUl authorizing ^proprla-
tlons for the operation of public schools to
the several States which would otherwise be
closed by State action totended to prevent
compliance with certato orders of courts of
the United States; to the Committee on Edu-
cation and Labor.

HJl. 365. A bill to extend the benefits of
the Panama Canal Construction Service
Annuity Act of May 39, 1944, to certain
Individuals; to the Committee on Merchant
Marine and Fisheries.

By Mr.PUCINSKI:

HJl. 366. A bill to provide for the estab-
Ifbhment of a U.S. Academy of Advanced
Sciences and Research Coordination; to the
Committee on Education and Labor.
By Mr. ROBERTS:

HJl. 367. A bUl to amend section 334 of
the Social Security Act to provide that there
shall be no offset against social seciuity
benefits for disabled persons on account of
disability retirement pay for members of
the uniformed services; to the Committee
on Ways and Means.

By Mr. ROOSEVELT:

H.R. 268. A bill to authorize the establish-
ment of a Youth Conservation Corps to pro-
vide healthful outdoor training and employ-
ment tor young men and to advance the
conservation, development, and management
of national resources of timber, soli, and
range, and of recreational areas; to the Com-
mittee on Education and Labor.

HJl. 269. A bill to provide that the Secre-
tary of Commerce shall conduct a study to
determine the practicability and desirabil-
ity of the adoption by the United States of
the metric system of weights and measures:
to the Committee on Science and Astronau-
tics.

ByMr.SISK:

HJl. 270. A bill to assist States in the con-
struction, expansion, remodeling, and alter-
ation of buildings of State or territorial sol-
dier's homes by providing grants to subsidize

JO

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January 3

1961

CONGRESSIONAL RECORD — HOUSE

41

In part the capital outlay cost; to the Com-
mittee on Veterans' Affairs.

By Mr. THOMSON of Wisconsin :

HJl. 271. A bUl to extend certato benefits
to persons who served to the Armed Farces
of the United States to Mexico or on Its bor-
ders during the period beglnntog May 9. 1916,
and endtog April 6, 1917, and for other pox-
poees; to the Committee on Veterans' Af-
fairs.

ByMr.ULLMAN:

Hit. 373. A Mil to authorize the estab-
lishment of a Touth Conserration Corps to
provide healthful tmtdoor training and em-
ployment for young men and to advance the
conservation, development, and manage-
ment of national resources o( timber, soil,
and range, and ot recreational areas, to the
Committa* on Education and Labor.
By Mr. VAN ZANDT:

H.R. 373. A bni to vtabUah an effective
Federal-state program to aid to alleviattog
Gondltlons of substantial and persistent un-
employment to certain eooiK>mically de-
pressed areas; to the Committee on Banking
and Currency.

. HJl. 374. A UU to amend the Internal
Revenue Code of 1964 to provide an aeoeler-
ated amortization deduction for industrial
or commercial plants and facilities con-
structed or established to econotnlcaUy de-
presewl areas; to the Committee on Ways
and M**"»

R.R. 376. A bUl to amend tiUe 10 of the
United SUtes Code to provide for the allo-
cation of defense contracts to areas of sub-
stantial labor surplus; to the Committee on
Armed Senrlcea.

By Mr. WILSON of California:

H.R. 376. A bill to authorize certain beach
eroelcm control of the shore in San Diego
County. Calif.; to the Committee on Public

Works.

By Mr. ZABLOCKI:

HJL 277. A bUl to tocrease from $600 to
$700 the personal tocome tax exemptiona of
a taxpayer (tocludtog the exemption for a
spouse, the exemption for a dependent, and
the additional exemptions for old age and
bllndneas): to the Committee on Ways and
Means.

HJl. 378. A bm to authorize Federal finan-
cial assistance to the States to be used for
constructing school faculties; to the Com-
mittee on Education and Labor.

HJl. 379. A bUI to amend section a(b) (4)
of the National Labor Relations Act. as
amended; to the Oommlttee on Education
and Labor.

HJl. 280. A bill to provide for the estab-
lishment of the Bureau of CHder Persons
wlthto the Department of Health, Education,
and Welfare; to authorize Federal grants to
assist in the development and operation of
studies and projects to help older persons;
and for other purpoees; to the Committee on
Education and Labor.

By Mr. ABERNETHY:

H.R. 381. A bin to provide that certato real
property vmder the Jurisdiction of the Sec-
retary of the Interior shall be transferred to
the Secretary of the Army and made a part
of Arlington National Cemetery; to the Com-
mittee on Interior and Insular Affairs.

HJl. 283. A bill to amend chapter 71 of
tlUe 38, United States Code, to permit Judi-
cial review of decisions of the Board of Vet-
erans' Appeals to oompensation and pension
claims; to the Oommittee on Veterans' Af-
fairs.

HJl. 283. A bill to amend Utle 88. United
States Code, to provide for the payn^nt of
pensions to veterans of WiM-ld War I; to the
OomuUttee on Veterans' Affairs.

HJL 284. A bUl to eatabli«h rules ot toter-
pretatlou governing questions of the effect ot
acts of Oongreas on State laws; to the Coatr
mlttee on the Judiciary.

H.R. 286. A bUl to amend the Tariff Act of
1930 with respeot to the tariff treatment oS

cotton card laps; to the Committee on Ways
and Means.

HJB. 286. A bin to tocrease from $600 to
$1,000 the personal Income tax exemptions
of a taxpayer (tocludtog the exemption for
a spouse, the exemption for a dependent,
and the additional exemption for old age or
blindness) ; to the Conunlttee on Ways and
Means.

HJl. 287. A bni to provide for the payment
of pensions to veterans of World War I.
World War n, and the Korean conflict, and
their widows and chUdren. at the same rates
as apply to the case of veterans of the Span-
ish-American War, and for other p\irposes;
to the Committee on Veterans' Affairs.
By Mr. ALFOBD:

H.B. 288. A bUl to amend the Internal
Revenue Code of 1954, to aUow a taxpayer
a deduction from gross tocome for tuition
and other educational expenses paid by
him, whether for his own education or for
the education of his spouse or a dependent
or any other ixuUvidual; to the Committee
on Ways and Means.

By Mr. ANFUSO:

HJl. 280. A bUl to declare nonmailable
eertata communications intended to incite
racial hoctiUty; to the Committee on Post
OOce and Civil Service.

HJL 390. A bin to prohibit the tranamls-
sion of cotos to the malls under certain dr-
cmnataneee; to the Committee on Post OfBce
aadClvU Service.

By My. AVERT:

H.R. 391. A bin to provide fc. the appotot-
ment ot a district Judge for the district of
Kansas; to the Committee on the Judiciary.
By Mr. BALDWIN:

HJl. 292. A bill to permit Federal em-
ployees to repay Indebtedness to or ptirchase
shares of Federal credit unions through vol-
untary pa3rrolI deductions; to the Committee
on Banktog and Currency.

H.R.293. A bm to establish a national
wUdemess preservation system for the per-
manent good of the whole people and for
other purposes; to the Committee on Inte-
rior and Insular Affairs.

HJl. 294. A bUI to amend the Federal
Property and Admtoistratlve Services Act of
1949 to permit the donation and other dis-
posal of proi>erty to tax -supported pubUc
recreation agencies; to the Committee on
Government Operations.

H.R. 295. A bin to provide that the rates of
compensation of officers and employees sub-
ject to the Classification Act of 1949 shaU
hereafter be fixed and adjusted by wage
boards on the basis of prevailing rates and
practices; to the Committee on Post Office
and Civil Service.

HJl. 296. A bill to provide tocreases to
annuities of certato todivlduals retired prlcv
to April 1, 1948, under the Civil Service Re-
tirement Act of May 29, 1930, as amended,
and for other purposes; to the Committee on
Post Office and Civil Service.

By Mr. BENNETT of Florida:

H.R.397. A bUl to amend title 38 of the
United States Code to prohibit the award of
contracts by the United States to certato
persons; to the Committee on Veterans' Af-
fairs.

HJl. 298. A bin to provide for the recovery
from tortiously liable third persons of the
cost of hospital and medical care and treat-
ment furnished by the United States; to the
Committee on the Judiciary.

HR. 299. A bin to establish a national
wUdemeas preservation system for the per-
manent good of the whole peop>le, and lor
other purposes; to the Committee on Interior
and Insular Affairs.

H.R. SOO. A bill to provide for site acquisi-
tion and constntction of a general medical
and surgical Veterans' Administration hos-
pital at Jacksonville, Fla.; to the Committee
on Veterans' Affairs.

H.B. 301 . A bUl to create a Department of
Urban Affairs and prescribe its functions,
and to provide for the establishment of a
commission on metropolitan problems; to
the Committee on Government Operations.

HJl. S02. A bin to prohibit, under certato
conditions, for 2 years, the employment of
a former employee of the Federal Oovern-
ment by any person, concern, or foreign gov-
ernment with which certain transactions
were handled; to the Committee on the
Judiciary.

HJl. 303. A bill to amend section 217 of
the Social Security Act to provide that cer-
tain mUttary or naval service not now credit-
able toward benefits under title n of evtch.
act may be counted toward such benefits if
such service is not used In determining en-
titlement to, or the amount of, military re-
tired pay; to the Committee on Wa3rs and
Means.

H.R. 304. A bill to provide a practical
means of reducing the national debt by
designating Ute obligations to be retired by
certato payments received by the United
States, and for other purposes; to the Coo-
mlttee on Ways and Means.

H.R. S06. A biU to amend the Fair Labor
Standards Act of 1938 to estabUsh a mtoi-
mum wage rate applicable to migrant agri-
cultural workers; to the C<nninittee on Edu-
cation and Labor.

H.R. 306. A bUl to establish in the Depart-
ment of Health, Education, and Welfare an
OOee for Senior Cltiaens. and for other pur-
poses; to the Committee on Edvteation and
lAbor.

HS. 307. A MU to provkle that the United
States shall reimburse the States for that
pardon of the constnictlon cost of certain
schools which is attributable to Negroes and
Indians; to the Committee on Education and
Labor.

HJL 308. A MU to permit retired pcrsonnrt
of the uniformed service to receive benefits
under the Federal Employees' Con^pensatiom
Act without reUnqulshlng their retirement
pay; to the Committee on Education and
Labor.

HJL 309. A bin to iHTOvlde Federal assist-
ance for the public Ubrary system of the
several States; to the Committee on Educa-
tion and Labor.

HJl. 310. A bUl to amend title 10, United
SUtes Code, to authorise the Secretary of
Defense, the Secretaries of the mlUtary de-
partments, and the Secretary of the TreasiuTr
to settle certato claims for damage to, or loss
of. property, or personal tojury or death,
not cognizable under any other law; to the
Committee on the Judiciary.

HH. 311. A bin to autlu»lze the acceptance
by the Oovernment of gifts to be used to re-
duce the pubUc debt; to the Committee on
Ways and Means.

H.R. 312. A bUl to amend the Internal Rev-
enue Code of 1954 to provide that the pro-
ceeds of certain crimes shaU be Included in
gross tocome; to the Committee on Ways and
Means.

By Mr. BERRY:

HJL 313. A bUl to provide a program for
an Operation Bootstrap for the American In-
dian to <»-der to improve conditions among
Indians on reservations and to other com-
mtuities, and lor other purpjoses; to the
Committee on Interior and Insular Affairs.
By Mr. BOGOfi:

HJl. 314. A bUl to grant an additional to-
come tax ezoQ^tlon to a ttixpayex support-
ing a dependent who is bltod or ottierwlae
permanently and totally disabled; to the
Committee on Ways and Means.
By Mrs. BOLTON :

HJl. 315. A bin to amend title n of the
Social Seciu-lty Act so as to remove the
limitation upon the amount of outside to-
come which an individual may earn while
recelvtog benefits thereunder; to the Com-
mittee on Ways and Means.

I

1961

CONGRESSIONAL RECORD — HOUSE

43

42

CONGRESSIONAL RECORD — HOUSE

Janrmry 3

1961

CONGRESSIONAL RECORD — HOUSE

43

By Mr. BREWSTER:
HIl.316. A bUl to repeal section 50a(d)
and a portion of section 509 of the Mer-
chant Marine Act, 1936, which requires bids
by Pacific coast shipbuilders be approved
under certain circumstances; to the Cota.-
mlttee on Merchant Marine and Fisheries.

HJl. 317. A blU to amend section 314(k) of
title 88, United States Code, to provide an
increased statutory rate of compensation for
& veterans suffering the loss or loss of use of an

? eye In combination with the loss or loss of

\jse of a limb; to the Conunlttee on Veterans'
Affairs.

Hit. 318. A bill to amend the District of
Columbia Income and Franchise Tax Act of
1947, as amended, and the District of Colum-
bia Business Corporation Act, as amended,
with respect to certain foreign corporations;
to the Ccxnmlttee on the District of Colum-
bia.

By Mr. BROYHnii:
HJt. 319. A bill to amend the Internal
Revenue Code of 1964 with respect to the
basis of property acquired from a decedent
who died before January 1. 1954; to the Own-
mlttee on Ways and Means.

By Mr. BYRNE of Pennsylvania:
H Jl. 820. A bill to permit the flying of the
flag of the United States for 24 hours of each
day over Independence Hall, Philadelphia,
Pa.; to the Committee on the Judiciary.

By Mr. BYRNE of Pennsylvania (by
request) :
HJl. 321. A bin to provide that no officer
or employee of the United states or any
agency thereof shall be charged with loos of
salary or compensation or with loss of an-
nual leave with pay for any time taken
which has required his or her attendance
upon court proceedings, including travel
time to and from, whether In State, terri-
torial, or Federal courts and whejther said
officer or employee Is a party plaintiff, a party
defendant, or a witness, and whether or not
the Government or the District of Columbia
Is a party; to the Committee on the Judi-
ciary.

By Mr. BYRNE of Pennsylvania:
H Jl. 322. A bill to provide for the addition
of certain property in Philadelphia, Pa., to
Independence National Historical Park; to
the Conunlttee on Interior and Insular
Affairs.

By Mr. BYRNES of Wisconsin:
HJl. 323. A bill to limit the applicability
of the antltrtist laws so as to exempt certain
aspects of designated professional team
■ports, and for other purposes; to the Com-
mittee on the Judiciary.

H.R. 324. A bin to amend title II of the
Social Security Act to provide minimum
benefits under the old-age and survivors In-
surance program for certain Individuals at
age 72; to the Committee on Ways and
Means.

HJR. 325. A bin to amend the Internal
Revenue Code of 1964 to provide that no
documentary stamp tax shall be Imposed
with respect to conveyances to which a State
or political subdivision thereof Is a party;
to the Committee on Ways and Means.
By Mr. CAHILL:
H.R. 326. A bill to prohibit the charging of
discounts In connection with mortgages In-
sured or guaranteed by the Federal Housing
Administration or the Veterans' Administra-
tion; to the Committee on Banking and
Currency.

HJt. 327. A bin to amend section 1461 of
title 18 of the United States Code with respect
to the mftH1"g of obscene matter, and for
other pxirposes: to the Committee on the
Judiciary.

By Mr. CHAMBERLAIN:
H.R. 328. A bin to amend section 102(b)
(1) of title 28 of the United States Code to
provide tliat a term of the U.S. District Court

for the Western DUtrlct of Michigan shaU
be held at Lansing; to the Committee on the
Judiciary.

HJl. 329. A bin to provide for the convey-
ance of certain public lands to the village
of Flushing, Mich., and for other purposes;
to the Committee on Interior and Insular
Affairs.

H.R. 330. A bUl to amend title II of tlie
Social Security Act to provide that fuU bene-
fits (when based upon the attainment of
retirement age) wUl be payable to men at
age 63 and to women at age 60; to the Com-
mittee on Ways and Means.

H.R. 331. A bin to amend the Internal
Revenue Code of 1954 to allow a taxpayer
with adjusted gross Income of $7,600 or less
a deduction for the expenses of tuition and
certain other fees and charges paid by him
for his education or the education of his
spouse or any of his dependents; to the Com-
mittee on Ways and Means.
By Mr. CHENOWETH:
H.R. 332. A bin to provide for two Judi-
cial districts and the appointment of an
additional Federal Judge for the State of
Colorado; to the Committee on the Judiciary.
HJt. 333. A bin to authorize private trans-
actions Involving the sale, acquisition, or
holding of gold within the United States, iU
territories and possessions, and for other
purixmes; to the Conunlttee on Banking and
Currency.

H.R. 334. A bin to permit the free market-
ing of gold, and for other purposes: to the
Committee on Banking and Currency.

H.R. 335. A bill to amend title I of the
Social Security Act to provide that the own-
ership by an Individual ot his home shall
not be taken into account In determining
his need for old-age assistance; to the Com-
mittee on Ways and Means.

H.R. 336. A bill to repeal the tax on trans-
portation of persons; to the Committee on
Ways and Means.

H.R. 337. A bill to amend the Internal
Revenue Code of 1954 to allow a taxpayer a
deduction from gross Income for tuition and
other expenses paid by him for his educa-
tion or the education of his spouse or any
of his dependents; to the Committee on
Ways and Means.

By Mrs. CHURCH :
HJl. 338. A bill to estabUsh a Joint Com-
mittee on Foreign Intelligence; to the Com-
mittee on Rules.

HJl. 339. A bUl to establish a Federal pol-
icy concerning the termination, limitation,
or establishment of business-type operations
of the Government which may be conducted
In competition with private enterprise, and
for other purposes; to the Committee on
Government Operations.

H.R. 340. A bin to amend the Internal
Revenue Code of 1954 to allow a taxpayer a
deduction from gross Income for tuition and
other expenses paid by him for his educa-
tion or the education of his spouse or any
of his dependents; to the Committee on Ways
and Means.

By Mr. COLLIER:
H.R. 341. A bill to amend the Legislative
Reorganization Act of 1946 so as to require
the yeas and nays in the case of final action
by the Senate and House of Representatives
on appropriation bills; to the Committee on
Rules.

HJl. 342. A bin to amend the Internal Rev-
enue Code of 1964 to repeal the tax presently
Imposed on the transportation of persons; to
the Committee on Ways and Means.
By Mr. DENT:
H.R. 343. A bill to amend title II of the
Social Security Act to Increase benefits, to
reduce In certain cases the age which an
Individual must attain to qualify for sfrnxise's
benefits, to reduce retirement age (with full
benefits for both men and women) to 00, to
reduce the outside earnings permitted with-

out deductions from benefits, and for other
pxir poses; to the Committee on Ways and
Means.

By Mr. DERWIN8KI :
HJl. 344. A bUl to repeal the tax on tnms-
portatlon of persons; to the Committee on
Ways and Means.

HJl. 345. A bni to amend title II of the
Social Security Act so as to remove the
limitation upon the amount of outside In-
come which an Individual may earn whUe
receiving benefits thereunder: to the Com-
mittee on Ways and Means.

HJl. 346. A bUl to repeal the exdee tax on
communications; to the Committee on Ways
and Means.

By Mr. DOYLE (by request) :
H.R. 347. A bin to incorporate the Indoor
Sports Club, Inc.; to the Committee on the
Judiciary.

By Mr. FALLON:
H.R. 348. A bUl to establish within the
Housing and Home Finance Agency a new
program of mortgage Insurance to assist in
financing the construction, Improvement, ex-
pansion, and rehabilitation of harbor facili-
ties for boating and commercial craft; to
the Committee on Banking and Currency.
ByMr.FASCELL:
H.R. 340. A bin to provide for the reorgani-
sation of administrative procedxires and
pnurtlces In Government operations for im-
proving their economy and efficiency, to pro-
vide for the organization of machinery to
coordinate and administer such procediires
and related practices: and for other pur-
poses; to the Committee on the Judiciary.

H R. 350. A bill to establish the Department
of Urtmn Affairs and prescribe Its functions;
to the Committee on Government Opera-
tions.

H.R. 351. A bin to establish standards of
conduct for agency hearing proceedings of
record; to the Committee on the Judiciary.
H.R. 352. A bill to provide for the appoint-
ment of two additional Judges for the fifth
circuit, and two additional Jtidges for the
southern district of Florida; to the Commit-
tee on the Judiciary.

By Mr. FRIEDKL:
H.R. 36S. A bin to Increase the personal
Income tax exemptions of a taxpayer, includ-
ing the exemptions of a spouse and depend-
ents and the additional exemptions for old
age and blindness, from $600 to $800; to the
Committee on Ways and Means.

H.R. 354. A bin to repeal the excise tas
on amounts paid for communication services
or facilities; to the Committee on Ways and
Means.

HJl. 365. A blU to amend tlUe n of the
Social Security Act to Increase the amount
of outside earnings permitted without de-
ductions from benefits thereunder; to the
Committee on Ways and Means.
By Mr. FORD:
HJl. 356. A bUl to amend title II of the
Social Security Act to increase the amount
of outside Income which a widow with minor
children may earn without suffering deduc-
tions from the benefits to which she Is en-
titled under such title; to the Committee
on Ways and Means.

H.R. 357. A bUl to amend the public assist-
ance provisions of the Social Security Act to
permit the payment of assistance to Individ-
uals In nonpublic mental Institutions; to
the Committee on Ways and Means.

HJl. 868. A bill to amend the Internal
Revenue Code of 1964 to provide that certain
tuition payments be treated as charitable
contributions; to the Committee on Ways
and Means.

HJl. 359. A bill to authorlM the waiver
of collection of certain erroneous payments
made by the Federal Government to certain
civilian and mUltary personnel; to the Com-
mittee on the Judiciary. _

By Mr. PORRESTE31:

H.R. 800. A bill to repeal the ban on fining
the vacancy in the Judgeship for ttie middle
district of Georgia; to the Committee on the
Judiciary.

By Mr. GRAY:

H.R. 961. A bUl to estebUsh an effective
program to aUevlate conditions of substan-
tial and persistent imemployment and un-
deremployment In certain economically de-
pressed areas; to the Committee on Banking
and Currency.

By Mrs. GREEN of Oregon :

HJl. 363. A bin to provide certain pay-
ments to assist In providing improved edu-
cational opportunities for children of migrant
agrlcultxu^l employees; to the Committee on
Education and Labor.

H.R. 3Q3. A bin to authorize the establish-
ment of a Youth Conservation Corps to pro-
vide healthful outdoOT training and employ-
ment for young men and to advance the 'con-
servation, development, and management of
national resources of timber, soU, and range,
and of recreational areas; to the Conunlttee
on Education and Labor.

H.R. 364. A bill to prohibit discrimination
on account of sex In the payment of wages
by employers engaged In commerce or in
operations affecting commerce and to pro-
Tide proeediire for the eoUectlon of wages
loat by employees by reason of any such
diserlmlnatlon; to the Committee on Educa-
tion and Labor.

HJl. 366. A bill to provide for Federal
grants and contracts to carry out projects
with respect to techniques and practices for
the prevention, diminution and control of
Juvenile delinquency, and for the training of
personnel, and for other ptirpoeee; to the
Committee on Education and Labor.

H.R. 866. A bin to provide a 30 percent
credit against the Federal individual Income
tas for amounts paid as tuition or fees to
oartain public and private institutions of
higher education; and far crtiier purposes; to
the Oommlttee on Ways and Means.

HJt. S67. A MU to provide that certain sur-
vivor benefits received by a chUd under pub-
lic retirement systems shaU not be taken
into account in determining whether the
chUd is a dependent for income tax purjxwes;
to the Conunlttee on Ways and Means.

HJl. 368. A bill to amend the National De-
fense Education Act ot 19S0 in order to repeal
certain provisions requiring affidavits of be-
lief; to the Committee on Education and
Labor.

By Mrs. GRIFnTHS:

H.R. 369. A bUl to grant the natives of the
Dependency of Malta unlimited access to the
immigration quota for Great Britain; to the
Committee on the Judiciary.

HJl. 370. A bin to provide for a national
cemetery at Fort Custer. Mich.; to the Com-
mittee on Interior and Insular Affairs.
By Mr. GROSS:

H.R. 371. A bill to reduee the depletion
allowance for oil and gas; to the Committee
on Ways and Means.

HJt. 372. A biU to incorporate the Legion
of Guardsmen; to the Conunlttee on the
Judiciary.

HJl. 373. A bni to prohibit the importa-
tion of pork and other agricultural com-
modities and products from the Soviet Union,
Poland, and other Communist-dominated
countries; to the Committee on Ways and
Means.

By Mr. HAGEN of OalUomia:

H.R. 374. A bUl to amend section 481(b)
(4) (C) of the IntenuU Revenue Code of
1954; to the Committee on Ways and lieaps.
^Mr.HALPERN:

HJl. 375. A bUl to amend section 213 of the
National Housing Act to permit existing co-
operatives to obtain artriittfmal incivanee
thereunder for capital improrsments and re-

placements; to the Conunlttee on Banking
and Currency.

HJt. 376. A bin to amend title n of the
National Housing Act to auth<Bize the crea-
tion of mutual m<H-tgage funds tar the FHA
premltuns paid by coc^>eratlve corporations
established under the act; to the Committee
on Banking and Currency.

H.R. 377. A bUl to amend title m of the
National Housing Act to Increase the amount
of mortgages purchased under special as-
sistance functions by the Federal National
Mortgage Association; to the Committee on
Banking and Currency.

By Mr. HARDING:

HJl. 378. A bUl to authorize the Secretary
of the Inten<»: to construct, operate, and
maintain a reregulatlng reservoir and other
works at the Burns Creek site in the upper
Snake River Valley, Idaho, and for other pur-
poses; to the Committee on Interior and In-
sular Affairs.

By Mr. HEALEY:

HJt. 379. A bin to authorize the PubUc
Housing Commissioner to enter into agree-
ments with local public housing authorities
for the admission of single persons regard-
less of age, In hardship cases, to federally as-
sisted low-rent housing projects; to the Com-
mittee on Banking and Currency.
By Mr. HIESTAND:

HJt. 380. A blU to amend section 1361 of
the Internal Revenue Code of 1954 with re-
spect to the election of certain partnerships
and proprietorships as to taxable statiis; to
the Committee on Ways and Means.

HJl. 381. A bUl to repeal the excise tax on
amovmtfi paid for communication services or
facilities; to the Committee on Ways and
Means.

HJt. 382. A bin to amend Utle n of the So-
cial Seciulty Act to increase from $1,500 to
$2,400 the amount of outside earnings per-
mitted each year without deductions from
benefits thereiuuier; to the Committee on
Ways and Means.

H.a.3S3. A bin to provide that where a
person has paid State or local prop>erty taxes
and been rcimbuTBed therefor by the United
States under contract, and such taxes are
thereafter required to be refunded, and such
person has agreed to accept rebate of such
taxes In Installments over a 6-year period,
such person may repay to the United States
the amount of s\ich reimbursement in simi-
lar Installments: to the Oommlttee on Ways
and Means.

By Mr. HIESTAND:

HJl. 384. A bin to encotntige eqtdty in-
vestment in new aiKi small business, to re-
lisrve unemployment and provide additional
revenue to the Federal Government to be
ai^Ued to debt reductk»i, and for other pur-
poses; to the Committee on Ways and
Means.

HJl. 385. A bin to amend the Internal
Revenue Code of 1964 with respect to the
tax treatment of sales and exchanges of real
property held for more than 1 year; to the
Committee on Wasrs and Means.

HJl. 386. A bin to amend tha Internal
Revenue Code of 1954 so as to deny tax ex-
emption to rural electric cooperatives which
engage in propaganda; to the Conunlttee axi
Ways azKl Means.

H.R. 387. A bin to authorise certain inves-
tigative officers of the United States, with
the approval of the Attorney General, to in-
tercept and disclose under stated conditions
wire and radio communications in the de-
tection and prosecution of offenses against
the security of the United States and for
other purposes; to the Conunlttee on the
Judiciary.

nSL S88. A bill to amsnd the Itzunlgratlcm
and NatlonaUty Act to provide more effec-
tively for immlirattoa and pssspnrt secivlty,
and for other purposes; to tha Oommlttac on
ttae Judiciary.

HJl. 389. A bin to repeal certain provisions
of law exempting labor organizations from
the antitrust laws, and for other purposes;
to tlie Cotnmlttee on the Judiciary.

HJL. 380. A bin to repeal certain legisla-
tion relating to the purchase of sUver, and
for other purposes; to the Conmilttee on
Banking and Currency.

H.R. 391. A bin to provide the United
States with a gold standard and redeemable
currency, and to correct other defects In the
monetary system of the United States; to
the Committee on Banking and Currency.

H.R. 392. A biU to establish rules of in-
terpretation governing questions of the
effect of acts of Congress on State laws; to
the Committee on the Judiciary.

H.R. 893. A bUl to amend the Federal
Property and Administrative Services Act of
1949 to authorize the disposal of surplxis
property to certain welfare agencies; to the
Committee on Government Operations.

H.R. 394. A bUI to establish a Federal
pmUcy concerning the termination, limita-
tion, or establishment of business-type tol-
erations of the Government which may be
conducted In competition with private
enterprise, and for other ptirposes; to the
Committee on Government Operations.
ByMr. HOSMER:

HJt. 885. A bin to Increase, In the case of
chUdren who are attending school, from 18
to 21 years the age natU. which child's in-
surance benefits may be received under title
II of the Social Security Act; to the Com-
mittee on Ways and Means.

HJl. 396. A bin to incorporate the Se»
Cadet Corps ot America, and for other pur-
poses; to the Committee on the Judiciary.

H.R. 397. A bUl to provide that for the
purposes of all laws administered by the VeC-
ertma' Administration, gain from the sala
of a home by a beneficiary shall not be con-
sidered as income; to the Committee cat
Veterans Affairs.

By Mr. HUDDLESTCat :

RJl. 398. A bUI to repeal the tax on trans-
portation of persons; to the Committee on
Ways and Means.

HJt. 399. A bin to repeal the escisa tax
on amounts pcdd for communication services
or facilities; to the Committee on Ways and
Means.

HJt. 400. A bUl to revise the Internal Rev-
enue Code of 1964 with respect to deductions
from gross income for percentage depletion In
the case of mines, wells, and other natural
mineral deposits; to the Committee on Ways
and Means.

H.R. 401. A bill to permit bad debt de-
ductions for payments by guarantcB^ of cor-
pcvate obligations which had become worth-
less; to the Committee on Ways and Bleaas.

HH. 409. A bin relating to the tax on cer-
tain transportation of coal to the Tennessee
Valley Authority; to the Committee on
Ways and Means.

H.R 403. A blH to regulate the foreign
commerce of the United States by amending
section 350 of the Tariff Act of 1980, as
amended, and for other purposes; to the
Conunlttee on Ways and Means.

HJl. 404. A bin to limit and regulate the
i4>peUate Jurisdiction of the Supreme Court
of the United States; to the Committee on
the Judiciary.

H.R. 405. A bm to incorporate the US.
Submarine Veterans of World War II; to the
Committee on the Judiciary.

HJt. 406. A bin to amend the Submerged
Lands Act to establish the seaward bound-
aries of the States of Alabama, MlsslBsippl.
and Louisiana as extending 3 msurine leagues
Into the Gulf of Mexico and providing for
the ownership and use of the submerged
lands. Improvements, minerals, and natival
resotnves within said boundaries; to tba
Cocuntttee on the Judiciary.

InrttiniMi .?

44

CONGRESSIONAL RECORD — HOUSE

Jammry 3

1961

CONGRESSIONAL RECORD — HOUSE

45

By Mr. IKARD of Texas:
H.R. 407. A bill to amend the Intk«nal
Revenue Code of 1954 to provide that the ac-
qulslUon of real property by trade-In shall
In certtUn cases constitute a nontaxable ex-
change for Income tax purposes; to the Com-
mittee on Ways and Means.
By Mr. JOHANSEM:
HJt. 408. A bin to amend the Tariff Act
of 1930 to reduce the duty on the Importa-
tion of paprika; to the Committee on Ways
and Means.

H.R. 409. A bill to provide for a national
cemetery at Port Custer. Mich.; to the Com-
mittee on Interior and Insular Affairs.

HJl.410. A bin to prohibit Federal as-
sistance for research, surveys, and demon-
strations In the Qeld of education which In-
volve pupil testing; to the Conunlttee on
Education and Labor.

H.R. 411. A bill to waive section 142 of title
28. United States Code, with respect to the
holding of court at Kalamazoo. Mich., by
the VS. District Court for the Western Dis-
trict of Michigan; to the Committee on the
Judiciary.

By Mr. KEARNS:
HH 412. A bill to amend the Lab«r Man-
agement Relations Act. 1947. in order to fa-
cilitate the freedom of association of pro-
fessional personnel; to the Committee on
■ducatlon and Labor.

H.R. 413. A bill to provide for the estab-
lishment of a Federal Advisory Council on
the Arts to assist In the growth and develop-
ment of the fine arts in the United States;
to the Committee on Education and Labor.

H.R. 414. A bin to provide for a National
Academy of Culture; to the Committee on
Education and Labor.

H.R. 415. A bill to provide a plan for great-
er opportunities of employment in smaU
. business, for distribution to the owners and
management of small business, and to all
other employees of small business certain
amounts of corporate income of small biisl-
neas, and for other purposes: to the Com-
mittee on Education and Labor.

H.R. 416. A bill to provide a plan for great-
er opportunities of employment In smaU cor-
porations engaged in manufacturing busi-
neases employing fewer than 250 employees,
and for distribution to the owners and man-
agement; to the Committee on Education and
Labor.

HJl. 417. A bUl creating a commission to
be known as the Commission on Noxious
and Obscene Matters and Materials; to the
Commrlttee on Education and Labor.

H.R. 418. A bUl to provide a plan for great-
er opportunities of employment, foy distribu-
tion to owners, management, and to all other
employees certain amounts of corporate In-
come, and for other purposes; to the Com-
mittee on Education and Labor.

H.R. 419. A bill to amend the Internal Rev-
enue Code of 1954 to provide an exemption
from income tax for certain nonprofit clubs
organized and operated for the p\upose of
paying benefits to the members and their
dependents; to the Committee on Ways and
Means.

By Mrs. KEE:
H.R. 420. A bill to provide for a program
of Federal loans to assist certain areas of
substantial and persistent unemployment to
develop and maintain stable and diversified
economies; to the Committee on Banking
and Currency.

By Mrs. KELLT:
H.R. 421. A bill to repeal the retailers ex-
cise tax on handbags; to the Conunlttee on
Ways and Means.

By Mr. KEOOH:
H.R. 423. A bill to amend the Internal
Revenue Code of 1954 for the purpose of
stimulating economic growth and activity,
providing additional Jobs for the growing
labor force, and permitting the replacement
of obsolete and inefficient machinery and

equipment by the allowance of reinvestment
depreciation deductions; to the Committee
on Ways and Means.

H.R. 423. A bill to adjiist the Ux rates on
light sparkling wines In relation to those
Impotfed on other wines; to the Committee
on Ways and Means.

H.R. 424. A bill to provide a deduction for
income tax purposes. In the case of a disabled
Individual, for expenses for transportation
to and from work; and to provide an addi-
tional exemption for Income tax purposes
for a taxpayer or spouse who Is physically or
mentally Incapable of caring for himself;
to the Committee on Ways and Means.

H.R. 425. A bill to provide that for estate
tax purposes a donor's gross estate shall not
include certain property which he trans-
ferred before his death for the benefit of
minors; to the Committee on Ways and
Means.

H.R. 426. A bin to amend section 212(b)
of the Internal Revenue Act of 1950; to the
Committee on Ways and Means.

H.R. 427. A bni to amend section 341(d)
of the Internal Revenue Code of 1954; to the
Committee on Ways^and Means.

H.R. 428. A bill to amend and revise the
laws relating to Immigration, naturallxatlon.
nationality, and citizenship, and for other
purposes; to the Committee on the Judiciary.
H.R. 429. A bin to prohibit the registration
of trademarks containing the words "White
House"; to the Committee on the Judiciary.
H H. 430. A bill to amend the act of October
15, 1914, commonly known as the Robinson-
Patman Act, to make It applicable to sales
of commodities made to governmental agen-
cies for resale; to the Committee on the
Judiciary.

By Mr. KING of Utah:
H.R. 431. A bill to expand and extend the
saline water conversion program under the
direction of the Secretary of the Interior to
provide for accelerated research, develop-
ment, demonstration, and application of
practical means for the economical produc-
tion, from sea or other saline waters, of water
suitable for agricultural, industrial, munici-
pal, and other beneficial consumptive uses,
and for other purpKwes; to the Committee on
Interior and Insular Affairs.
By Mr. KNOX:
H.R. 432. A bill to amend sections 1231,
272, and 631 of the Internal Revenue Code
of 1954 with respect to iron ore royalties;
to the Committee on Ways and Means.
By Mr. LANE:
H.R. 433. A bin to provide faclhtlea for
the mediation of disputes between Federal
employee organizations and agencies of the
U.S. Government, to equalize legal responsi-
bilities of employee organizations and agen-
cies of the UJ3. Government, and for other
purposes; to the Committee on Poet Office
and Civil Service.

H.R. 434. A bin to amend the Civil Service
Retirement Act to grant retirement credit
for certain service In the UJ3. merchant
marine in World War n, and for other pur-
poses; to the Committee on Post Office and
Civil Service.

H.R. 435. A bill to amend the ClvU Service
Retirement Act to Increase by an additional
one-half of 1 percent the annuity computa-
tion formula for determining annuities for
certain Federal employees; to the Committee
ou Post Office and Civil Service.

H.R. 436. A bin to create a presumption
that certain impairment of health catued by
hypertension or heart disease of a Federal or
District of Columbia employee Is Incurred In
line of duty for purposes of certain retire-
ment and disability compensation laws or
systems; to the Committee on Poet Ofllce and
Civil Service.

H.R. 437. A bin to amend the Veterans'
Preference Act of 1944 to provide retention
preference to certain blind employees in
cases of reductions In force; to the Conunlt-
tee on Post Ofllce and Civil Service.

H.R. 438. Abill to amend title I of the
Housing Act of 1949 to authorize assUtance
thereunder for the commercial and indus-
trial development of nonresidential areas:
to the Committee on Banking and Currency.
H.R. 439. A bill to authorize the payment
to local governments of sxmvs In lieu of taxes
and special assessments with respect to cer-
tain Federal real property, and for other
purposes; to the Conunlttee on Interior and
Iiisular Affairs.

By Mr. LESINSKI:
H.R. 440. A bill to amend the Fair Labor
Standards Act of 1938, as amended, to pro-
vide coverage for employees of Interstate rc-
taU enterprises, to Increase the minimum
wage under the act to •1.15 an hour, and for
other purposes; to the Conunlttee on Educa-
tion and Labor.

H.R. 441. A bill to amend the National
Labor Relations Act in order to permit super-
visors to be considered as employees under
the provisions of such act, and for other
purposes; to the Conunlttee on Education
and Labor.

H.R. 442. A bill to reaffirm the national
public policy and the purpose of Congress In
the laws against unlawful restraints and
monopoUes, commonly designated "anti-
trust" laws, which among other things pro-
hibit price discrimination: to aid In In-
telligent, fair, and effective administration
and enforcement thereof; and to strengthen
the Robinson -Pa tman Antl-Prlce Discrimi-
nation Act and the protection which It af-
fords to Independent business, the Congress
hereby reaffirms that the purpose of the
antitrust laws In prohibiting price discrimi-
nations Is to secure equality of opportunity
to all persons to compete in trade or business
and to preserve competition where it exists,
to restore It where it Is destroyed, and to
permit It to spring up in new fields; to the
Committee on the Judiciary.

HJl. 443. A bin to iwovlde for the recogni-
tion of the Polish Legion of American Vet-
erans by the Secretary of Defense and the
Administrator of Veterans' Affairs; to the
Conunlttee on Veterans' Affairs.

HH 444. A bin to provide for a Federal
lottery to raise funds for Federal hospitals,
the bUnd, recipients of old-age assistance,
and disabled veterans; to the Committee on
Ways and Means.

HJt. 445. A bill to confer Jurisdiction upon
the U.S. Court of Claims to hear, determine,
and render Judgment upon claims of custocns
officers and employees to extra compensa-
tion for Sunday, holiday, and overtime serv-
ices performed after August 31, 1931. and
not heretofore paid In accordance with exist-
ing law: to the Committee on the Judiciary.
HJl. 446. A bin to establish an effective
program to alleviate conditions of imbstantlal
and persistent unemployment and underem-
plojrment In certain economically depressed
areas; to the Committee on Banking and
Currency.

By Mr. LIBONATI:
H.R.447. A bni to amend UUes I, IV. X.
and XTV of the Social Security Act so as to
further assist the States In extending aid for
medical care to persons eligible for public
assistance under such titles; to the Commit-
tee on Ways and Means.

H.R. 448. A bill to amend the Internal
Revenue Code of 1954 to eliminate the pro-
visions which presently restrict the deduc-
tion for medical expenses to those exceeding
3 percent of gross Income, and for other
purposes; to the Committee on Ways and
Means.

HJl. 449. A bill to amend title II of the
Social Security Act to provide that full bene-
fits thereunder, when based upon the at-
tainment of retirement age, will be payable
to both men and women at age 60; to the
Committee on Ways and Meaiis.

HR. 450. A bin to Increase from $600 to
$1,000 the personal Income tax exemption of
a taxpayer (Including the exemption for a

spovise, the exemption for a dependent, and
the additional exemption for old age or
bUndneM); to the Conunlttee on Ways and
Means.

HJl. 461. A bUl to amend section 37 of the
Internal Revenue Code of 1964 to make avail-
able for the retirement income credit house-
wives, disabled individuals, and other indi- -
viduals who are age 65 or over but ineligible
for such credit by reason of the 10-yeor work
test; to the Committee on Ways and Means.
H.R. 452. A bin to amend title II of the
Social Secxu-lty Act to provide a more realistic
deflnlUon of the term "disability" for p\u--
poses of entitlement to disability Insurance
benefits and the disability freeze; to the
Committee on Ways and Means.

H.R. 453. A bin to provide that tips and
gratuities received from customers of an In-
dividual's employer may be Included as part
of such individual's wages for old-age, sur-
vivors, and disability insurance purposes; to
the Conunlttee on Ways and Means.

HJt. 454. A bin to amend the Internal
Revenue Code of 1954 to permit a taxpayer
to deduct expenses paid during the ttucable
year for repair, maintenance, alterations,
and additions to his residence; to the Com-
mittee on Ways and Means.

HJl. 466. A bUl to facilitate the entry Into
the United States of certain adopted chil-
dren, and other relatives of UB. citizens,
and for other purposes; to the Committee on
the Judiciary.

HJl. 466. A bin to amend section 812 of
the Immigration and Nationality Act to ex-
empt certain additional persons from the
requirements as to understanding the Eng-
lish language before their naturalization as
citlsens of the United States; to the Com-
mittee on the Judiciary.

HJl. 467. A bin to amend tltie I of the
Social Security Act to provide that old-age
assistance otherwise payable to an Individual
thereunder shall not l)€ reduced on account
of certain Increases In any Insiurance benefits
to which such Individual Is entitled under
title II of such act; to the Conunlttee on
Ways and Means.

HA. 468. A bin to amend the Internal Rev-
enue Code of 1954 to provide a SO percent
credit against the individual income tax tat
amounts paid as tuition or fees to certain
public and private Institutions of higher edu-
cation; to the Committee on Ways and
Means.

H.R. 469. A bUl to amend title 86. United
States Code. "Patents." to provide for ex-
tension of terms of patenta; to the Commit-
tee on the Judiciary.

HA. 460. A bUl to amend titles I. n, and
III of the Immigration and NatlonaUty Act,
and for other purpoeea; to the Committee on
the Judiciary.

ByMr.LOSER:
HA. 461. A btU to repeal the excise tax
on amounts paid for conununlcatton services
or facUlUes; to the Conunlttee on Ways and
I#eans.

HJl. 462. A blU to repeal the tax on trans-
portation of persons; to the Conunlttee on
Ways and Means.

HR. 463. A bin to permit the flying of the
flag of the United States for 24 hours of each
day over the grave of Capt. WlUlam Driver In
City Cemetery. NashvUle, Tenn.; to the Com-
mittee on the Judiciary.

HJl. 464. A bin to amend title 38 of the
United States Code, so as to provide for the
appointment of one additional district Judge
for the middle district of Tennessee; to the
Committee on the Judiciary.
BylCr.McCUUiOCH:
H.B.466. A biU to provide for reasonable
notice of appUcatlons to the U.S. cotuts of
appeals for interlocutory relief against the
orders of certain administrative agencies;
to the Committee on the Judiciary.

H.R. 466. A bUl relating to applications for
writs of habeas corpus by persons In ciietody

pursuant to the Judgment of a State court;
to the Committee on the Judiciary.

H.R. 467. A bill to amend chapter 223 of
title 18, United States Code, to provide for
the admission of certain evidence, and for
other pvirposes; to the Committee on the
Judiciary.

HJl. 468. A bUl to amend section 1073 of
title 18, United States Code, the Fugitive
Felon Act; to the Committee on the Judi-
ciary.

HJl. 469. A bin to provide for the appoint-
ment of additional circuit and district
judges, and for other purposes; to the Com-
mittee on the Judiciary.

HJl. 470. A bin to amend sections 1 and 3
of the Foreign Agents Registration Act of
1938, as amended; to the Conunlttee on the
Judiciary.

By Mr. McDONOUGH :
HJl. 471. A bill to provide for a program
of weather modification to be carried out by
the Secretary of the Interior, acting in coop-
eration with the National Science Founda-
tion, to increase substantially the anniial
average of txsable supply of water available
in the Colorado River drainage basin, and for
other purposes: to the Cconmittee on In-
terior and Insular Affairs.

H.R. 472. A bin to amend the Federal Prop-
erty and Administrative Services Act of 1949
to permit the negotiated lease of certain
excess real property; to the Committee on
Goveriunent Operations.

HJl. 473. A bin to establish a Federal
policy concerning the termination, limita-
tion, or establishment of business-type op-
erations of the Government which may be
conducted In competition with private enter-
prise, and for other pvuposes; to the Com-
mittee on Government Operations.

HJl. 474. A bin to amend the National
Housing Act to Increase the permissible loan-
to-value ratio and maturity In the case of
mortgages covering rental hoxislng designed
for elderly persons, and to establish a special
revolving fimd to be used by the Federal
National Mortgage Association In purchasing
such mortgages; to the Committee on Bank-
ing and Currency.

HJl. 476. A bill to amend the act of Sep-
tember 1, 1964, to correct certain inequities
with respect to the compensation of prevail-
ing wage-rate employees, to provide longev-
ity compensation for such employees, and
for other purposes; to the C<Mnmittee on Post
Ofllce and Civil Service.

HJl. 476. A bin to amend the CivU Service
Retirement Act of May 29, 1930, as amended,
to provide that accumiilated sick leave be
credited to retirement fxuid: to the Commit-
tee on Post Office and Civil Service.

H.R. 477. A bill to amend the Internal Rev-
enue Code to provide a 3 -year carryover for
medical and dental expenses in excess of the
nuuclmum deduction allowable vmder section
23(x); to the Committee on Ways and
Means.

H.R.478. A bin to exempt States and po-
litical subdivisions thereof from the tax on
conveyances, and for other piirposes; to the
Committee on Ways and Means.

HJl. 479. A bin to amend secUon 102 o* the
Internal Revenue Code of 1964; to the Com-
mittee on Ways and Means.

HA. 480. A bUl to amend the Internal
Revenue Code of 1964 by adding thereto a
new chapter imposing an excise tax in re-
spect of tips; to the Committee on Ways and

HA. 481. A bUl to amend the Internal Rev-
enue Code of 1964 by adding thereto a new
section Imposing a tax In respect of tips and
gratuities whenever election Is made to have
them Included In the basis for beneflts under
the Insurance system, established by title II
of the Social Security Act; to the C(»nmlttee
on Ways and Means.

HA. 482. A bUl to terminate excise taxes
on faciUties and services; to the Committee
on Ways and Means.

By Mr. McSWESN:
H.R. 483. A bUl to repeal the excise tax on
amo\uits paid for conununlcation services or
faculties; to the Committee on Ways and
Means.

By Mr. MACDONAU):
HA. 484. A bill to amend the Inunigratlon
and Nationality Act; to the Conunlttee on
the Judiciary.

By Mr MACHBOWICZ:
HA. 486. A bin to repeal the manufac-
turers excise taxes on automobiles and on
parts and accessories, and to reduce the
manufacturers excise tax on trucks and
buses to 5 percent: to the Cconmlttee on
Wa3rs and Means.

H.R. 486. A bUl to provide for unemploy-
ment reinsurance grants to the States, to re-
vise, extend, and Improve the unemploy-
ment Insurance program, and for other pur-
poses; to the Committee on Ways and Means.
H.R. 487. A bin to increase to $700 the
amount a dependent may earn without loss
of exemption to the taxpayer; to the Com-
mittee on Ways and Means.

H.R. 488. A bill to repeal the excise tax
on amounts paid for communication services
or facilities; to the Committee on Ways and
Means.

HA. 489. A bin to amend secUons 1231.
272, and 631 of the Internal Revenue Code of
1954 with respect to Iron ore royalties; to the
Committee on Ways and Means.

H.R. 490. A bin to amend the Tariff Act
of 1930 to Impoee a duty upon the importa-
tion of bread; to the Conunlttee on Ways and
Means.

H.R. 491. A bill to amend the Internal
Revenue Code of 1B54 to provide an exemp-
tion from lnc<»ne tax for supplemental \m-
employment benefit trusts; to the Conunlttee
on Ways and Mesins.

HA. 492. A bin to amend the Social Secu-
rity Act to provide that, for the purpose of
old-age and svu'^ivors insurance beneflts, re-
tirement age shaU be 60 years; to the Com-
mittee on Ways and Means.

HA. 493. A bill to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and tm-
deremployment in certain economlcaUy de-
pressed areas; to the Conunlttee on Banking
and Cvurrenc^.^

ByMr. MEABOW:
H.R. 494. A bin to establish a Department
of Public Information; to the Conunlttee on
Government Operations.

By Mr. GEORGE P. MILLER:
H.R. 495. A bin to provide that the Chan-
nel Islands off the coast of southern Califor-
nia shsai be referred to as the Juan Rodrigues
CabriUo Islands: to the Committee on In-
to-ior and Insxilar Affairs.

H.R. 496. A bUl to establish a national
wilderness preservation system for the per-
manent good of the whole people, aiid t<x
other purpoees; to the Conunlttee on In-
terior and Insular Affairs.
By Mr. MORGAN:
HA. 497. A bin to provide tot a study by
the Secretary of the Interior cA strip-mining
tolerations in the United States and for a re-
port to Congress of the results of such study,
and for other purpoees; to the Oommlttee on
Interior and Insvilar Affairs.

HA. 498. A bin to provide additional lands
at. and change the name of. the POTt Neces-
sity National Battlefield Site. Pennsylvania,
and for other purposes; to the Committee on
Interior and Insular Affairs.

HA. 499. A bill to establish an effective
program to alleviate conditions o(t substan-
tial and persistent unemployment and xax-
deremployment in certain eoonMnlcaUy de-
pressed areas; to the Committee on Banking
and Currency.

HA. 600. A bin to amend the Small Busi-
ness Act to provide that the affiliate or sub-
sidiary status cA a business concern In an
eoonomlcaUy depreesed area rtiaU not be
taken Into accoimt In determining whether

46

CONGRESSIONAL RfiCORD — HOUSE

Janvuiry 3

1961

CONGRESSIONAL RECORD — HOUSE

47

1!

\

guch concern la eligible for awUtance under
■ueli fcct In securing Ooremment jM-ocure-
ment oontractB; to the Committee on Bank-
ing (^Q<^ Currency.

H Jl. 501. A bUl to amend title 38. United
States Code, to provide for the payment of
pensions to vetemna of World War I; to the
Committee on Veterans' Affairs.

H.R. 602. A bUl to amend the Social Secu-
rity Act to provide that, for the purpose of
dd-age and stirvlvors Insurance benefits, re-
tirement age shall be 60 years; to the Com-
mittee on Ways and Means.
By Mr. MULTER:
H.R. 603. A bUl to amend the Tariff Act of
1930 to provide for the refund of duties paid
on certain merchandise stolen while In the
custody of the Post Office Department; to the
Committee on Ways and Means.

HJt. 604. A bill to amend the Internal Rev-
enue Code of 1984 to Increase the deductions
for personal exemptions; to the Committee
on W»JB and Means.

H.B. 806. A bill to exempt from Income tax.
aimultles and pensions paid by the United
States to its employees; to the Committee
on Ways and Means.

HJl. 808. A bill to provide that communi-
cations relating to Income tax which are
mailed to a taxpayer shall not bear on the
outer covering any markings which disclose
Information concerning such taxpayer's In-
come or tax liability; to the Committee on
Ways and Means.

H.R. 607. A bill to provide Income tax ex-
emptions for members of the Armed Forces
serving outside the United States; to the
Committee on Ways and Means.

HJl. 508. A bill to amend the Internal
Revenue Code of 1964 so as to Impose a
graduated tax on the taxable Income of cor-
porations; to the Committee on Ways and
Means.

H.R. 609. A bill to amend the Tariff Act of
1930 with respect to the finality of deter-
minations relating to the assessment of du-
ties or charges on certain Imported merchan-
dise; to the Committee on Ways and Means.
H.R. 510. A bill to establish reciprocal Im-
port quotas upon the importation of con-
fectionery and chocolate into the United
States from foreign countries which impose
quotas upon imports of confectionery and
chocolate from the United States; to the
Committee on Ways and Means.

HJl. 611. A bill to amend the Internal Rev-
enue Code to assist small and Independent
business, and for other purposes; to the
Committee on Ways and Means.

HJl. 512. A bill to amend title n of the
Social Security Act so as to remove the
limitation upon the amount of. outside in-
come which an Individual may earn while
receiving benefits thereunder; to the Com-
mittee on Wa3r8 and Means.

H.R. 613. A bin to provide a method for
determining Presidential Inability, and for
other purposes; to the Committee on the
Judiciary.

HJl. 614. A bill to amend title 18 at the
United States Code to prohibit the use of UJ8.
savings stamps for trade promotion; to the
Committee on the Judiciary.

H.R. 616. A bUl to amend the act entitled
"An act to promote export trade, and for
other purposes." ap^N-oved April 10, 1918, to
provide that no export trade association shall
restrict any foreign buyer from dealing, di-
rectly or through an agent of his own se-
lection, with any producer, manufacturer, or
seller: to the Committee on the Judiciary.
HJl. 61^. A bill to confer Jurisdiction upon
the Court of Claims to review de novo claims
for benefits and payments under laws admin-
istered by the Veterans' Administration; to
the Committee on the Judiciary.
By Mr. OSBSKHS:
HJt. 617. A bill to amend the Internal Rev-
enue Code of 1954 to allow a taxpayer certain
additional credits, exclusions, exemptions.
•nd daductlons for Income tax purposes.

which may hereafter be referred to as the
citizens' hardship tax relief bill; to the Com-
mittee on Ways and Means.

H.R. 518. A bill to amend section 203 of the
Social Security Act to increase the amount of
earnings Individuals are permitted to earn
without suffering deductions from their ben-
eflU; to the Committee on Ways and Means.
HJl. 619. A bin to amend section 8(b)(4)
of the National Labor Relations Act. as
amended; to the Committee on Education
and Labor. «■

HJl. 620. A bill to provide for the granting
of a nonquota Immigrant status to certain
Immigrants who are the mothers, fathers.
brothers, sisters, sons, or daughters of citi-
zens of the United States; to the Committee
on the Judiciary.

H.R. 521. A bill to amend title 18 of the
United States Code to prohibit the transmis-
sion through the mails of matter calculated
to arouse racial hostility; to the Committee
on the Judiciary.

HJl. 622. A bUl to repeal certain excise
taxes; to the Committee on Ways and Means.
HJl. 623. A bni to provide voluntary cov-
erage under the Federal old-age, survivors,
and dlsabUity insxirance system for self-
employed physicians; to the Committee on

Ways and Means^

By Mr. OSTERTAO :
H.R. 624. A bill to amend title n of the
Social Security Act so as to remove the limi-
tation upon the amount of outside income
which an individual may earn while receiving
benefits thereunder; to the Committee on
Wajrs and Means.

HJt. 526. A bUl to amend title n of the
Social Sectirlty Act to provide that an in-
dividual's entitlement to child's Insurance
benefits shall continue, after he attains age
18. for so long as he is regularly attending
school; to the Committee on Ways and

HJl. 526. A bin to provide coverage under
the old-age, survivors, and disability insur-
ance system for self-employed physicians; to
the Committee on Ways and Means.

H.R. 627. A bill to amend title II of the
Social Security Act to permit the payment
of disability Insurance benefits to an in-
dividual from the beginning of his disability;
to the Committee on Ways and Means.

H.R. 628. A bill to amend title n of the
Social Security Act to Increase the amount
of outside earnings permitted each year with-
out deductions from benefits thereunder; to
the Committee oh Ways and Means.
ByMrs.PFOST:

HJl. 529. A blU to authorlxe the Secre-
tary of the Interior to construct, operate,
and maintain the Mann Creek Federal rec-
lamation project, Idaho, and for other pxir-
poses; to the Committee on Interior and In-
siilar Affairs.

ByMr. PQFF:

HJl. 530. A bill to provide a credit against
the Federal Income tax for additional State
and local taxes Imposed for school pvirposes;
to the Committee on Ways and Means.

HJl. 531. A bin to provide a tax incentive
for the employment of older workers; to
the Committee on Ways and Means.

HJl. 532. A bin to repeal the tax on trans-
portation of persons; to the Committee on
Ways and Means.

H.R. 533. A bin to amend the provisions
of the National Defense Education Act of
1958 relating to fellowships with respect to
cases in which fellowship holders discon-
tinue their study; to the Committee on Edu-
cation and Lalxjr.

H.R. 634. A bin to establish certain qualifi-
cations for persons appointed to the Su-
preme Court of the United States; to the
Committee on the Judiciary.

H.R. 535. A bill to amend title 18 of the
United States Code to provide that an as-
sault upon more than one person shall be
punishable as more than one offense in cer-
tain cases Involving the commission of a
battery; to the Committee on the Judiciary.

HJl. 636. A bin to establish rules of Inter-
pretation governing questions of ths effect
of acts of Congress on State laws; to the
Committee on the Judiciary.

HJl. 637. A bill to amend section 5 of the
Administrative Procedure Act; to the Com-
mittee on the Judiciary.

H.R. 638. A bill to amend the Social Se-
curity Act to provide that the Secretary of
Health. Education, and Welfare shall, under
certain circumstances, disclose the cxirrent
addresses of husbands and parents who have
deserted their families; to the Committee
on Ways and Means.

H.R. 539. A bill to amend the Federal
Property and Administrative Services Act of
1949 to permit donations of surplus property
to volunteer flrefightlng organizations, and
for other purposes; to the Committee on
Oovernment Operations.
By Mr. POWELL:
H.R. 540. A bill to secure, protect, and
strengthen the civil rights accruing to in-
dividuals under the Constitution and laws
of the United States; to the Committee on
the Judiciary.

H.R. 541. A bill to assure to all persons
within the Jurisdiction of the United States
fuU and equal privileges with respect to pub-
lie conveyances and places of public accom-
modation, resort, entertainment, amusement,
assemblage, and Institutions; to the Comnilt-
tee on the Judiciary.

H R. 542. A bill to prohibit certain acts In-
volving the Importation, transportation, pos-
session, or use of explosives; to the Commit-
tee on the Judiciary.

HJl. 643. A bin to grant naUves of British
Guiana, BriUsh Honduras, the British Virgin
Islands, and the West Indies Federation un-
limited access to the immigration quota for
Great Britain; to the Committee on the
Judiciary.

HJl. 544. A bni to provide that Federal
funds shall not be used for loans, grants, or
other financial assistance to provide housing
with respect to which there U any discrimi-
nation against occupancy on account at race,
religion, color, ancestry, or national origin;
to the Committee on Banking and Currency.
H.R. 646. A bill to provide that the people
of the Virgin Islands be represented by a
Delegate in the House of RepreeenUtives of
the United States; to the Committee on In-
terior and Insular Affairs.

H.R. 548. A blU for the better assurance
of the protection of citizens of the United
States and other persons within the several
States from mob violence and lynching, and
for other purposes; to the Committee on the
Judiciary.

HJl. 647. A bUl to effectuate and enforce
the constitutional right to the equal pro-
tection of laws, and for other purposes; to
the Committee on the Judiciary.

H.R. 548. A bill to prevent discrimination
in any public or semlpubllc transportation
against members of the Armed Forces be-
cause of race, color, or creed; to the Com-
mittee on the Judiciary.

HJl. 549. A blU to amend section 101(a)
(27) (C) of the Immigration and Nationality
Act to provide that individuals born in
British Guiana, British Honduras, the British
Virgin Islands, or the West Indies Federa-
tion shall be nonquota Immigrants under
that act; to the Committee on the Judiciary.
By Mr. PUCINSKI:
H.R. 550. A bUl to amend the Internal
Revenue Code of 1954 to provide credit
against Income tax for an employer who em-
ploys older persons in his trade or business;
to the Committee on Ways and Means.

H.R. 661. A bill to provide for unemploy-
ment reinsurance grants to the States, to
revise, extend, and Improve the unemploy-
ment Insurance program, and for other pur-
poaes; to the Committee on Ways and Means.
H.R. 552. A bin to amend the Internal
Rwvenue Code of 1964 to allow a taxpayer a
deduction from gross Income for tuition and

oth«r expenses paid by him for his education
or the education of his spouse or any of his
dependents; to the Committee on Ways and
Means.

By Mr. QUIE:

HJl. 563. A bUi to amend the Federal Un-
employment Tax Act to provide for the pay-
ment of unemployment compensation in
amounts determined by the average wages of
the unemployed person and of all other wage
earners In the State In which he resides; to
the Conunlttee on Ways and Means,

By Mr. RHODES of Pennsylvania:

H.R. 664. A blU to Increase the normal tax
and surtax exemption, and the exemption
for dependents, from $600 to $800; to the
Committee on Ways and Means.
By Mr. ROBERTS:

HJl. 656. A bUl for the reUef of Elmors
County. Ala.; to the Committee on the Ju-
diciary.

HJl. 656. A blU to bring employees of agri-
cultural stabiliKatlon and conservation
county conunlttees within the purview of the
Civil Service Retirement Act and the Fed-
eral Employees' Group Life Insurance Act of
1964. to authorise length of service credit
for periods of employment by agricultural
stabilization and conservation county com-
mittees, and to provide that annual leave
unused at the end of a leave year sliall be
credited to the employee's sick leave ac-
count; to the Committee on Post Office and
Civil Service.

ByMr. RODINO:

H.R.567. A bill to establish the Depart-
ment of Urban Affairs and pre3crll>e its func-
tions; to the Committee on Government Op-
erations.

HH. 668. A bill to provide for the estab-
lishment of the Bureau of Senior Citizens
within the Department of Health. Educa-
tion, and Welfare; to authorize Federal
grants to assist in the development and op-
eration of studies and projects to help senior
citizens; and for other purposes, to the Com-
mittee on Education and Labor.

HJl. 569. A bUl to amend title 11 of the
Social Security Act to provide that full bene-
fits (when based upon the attainment of re-
tirement age) will be payable to both men
and women at age 80; to the Committee on
Ways and Means.

H.R. 660. A bUl to amend title Et of the
Social Security Act so as to remove the
limitation upon the amount of outside in-
come which an Individual may earn while
receiving benefits thereunder; to the Com-
mittee on Ways and Means.

HJt. 561. A bin to provide for the isstianee
of special nonquota visas to eligible orphans;
to the Committee on the Judiciary.

H.R. 662. A bin to strengthen the criminal

penalties for the maUlng, Importing, or

transporting of obscene matter, and for other

purposes; to the Committee on the Judiciary.

By Mr. ROGERS of Colorado:

HJl. 668. A bin to make permanent certain
increases in annuities payable from the civil
service retirement disability fvmds; to the
Committee on Post Office and Civil Service.

H.R. 664. A bill to grant clvU service em-
ployees retirement after 30 years' service; to
the Committee on Post Office and ClvU
Service.

H R. 565. A bin to amend the Civil Serv-
ice Retirement Act. as amended, to provide
annuities for surviving spouses without de-
duction from original annuities and for otho*
purposes; to the Ccunmlttee on Poet Office
and ClvU Service.

By Mr. RUTHERFORD:

H.R 566. A bni authorizing the establish-
ment of a national historic site at Old Fort
Davis, Jeff Davis County. Tex.; to the Com-
mittee on Interior and Insular Affairs.
ByMr. 8AUND:

HJt. 687. A bUl to authorize longer term
leases of Indian lands on the Torres-Martlnes
Reservation In Riverside County, Calif.; to the
Committee on Interior and Insular Affairs.

By Mr. SELDEN :

H.R. 668. A bUl to estobllsh rules of Intw-
pretatlon governing (|ueetions of the effect
of acts of Congress on State laws; to the
Committee on the Judiciary.

HJl. 580. A bin to amend Utle n of the
Social Security Act to Increase the amount
of outside earnings permitted each year
without deductions from benefits there-
under; to the Committee on Ways and Means.
By Mrs. SULLIVAN :

H.R. 670. A bUl to amend title n of the
Social Seciu^ty Act to eliminate the pro-
visions which reduce the old-age or wife's
insurance benefits of a woman becoming en-
titled to such tienefits before she attains age
86; to the Committee on Ways and Means.

HJt. 671. A bUl to prohibit discrimination
on account of sex In the pa3rment of wages
by employers engaged in commerce or In
operations affecting commerce, and to pro-
vide procedtire for the oonectlon of wages
lost by employees by reason of any such
discrimination; to the Conunlttee on Educa-
tion and Labor.

By Mr. THOMPSON of Louisiana:

H.R. 672. A bUl to provide for Federal
grants and contracts to carry out projects
with respect to techniques and practices for
the prevention, diminution, and control of
juvenile delinquency; to the Committee on
Education and Labor.

H.R. 573. A bUl to amend the Tariff Act of
1930 to provide for the establishment of
country-by-oountry quotas for the Importa-
tion of shrimp and shrimp products, to Im-
pose a duty on all unprocessed shrimp Im-
ported In excess of the applicable quota, and
to Impose a duty on processed shrimp and
IM-ohlblt Its Importation In excess of the
applicable quota; to the Committee on Ways
and Means.

H.R. 674. A bin to repeal the excise tax
on amoimts paid for communication serv-
ices or faculties; to the Committee on Ways
and Means.

By Mr. ULLMAN:

HJt. 575. A bUl to authorize the Secretary
of the Interior to construct, operate, and
maintain the upper division of the Baker
Federal reclamation project, Oregon, and for
other purposes; to the Committee on Interior
and Insular Affairs.

By Mr. VAN ZANDT:

HJt. 676. A bUl to provide that railroad
employees may retire on a full annuity at
age 60 or after serving 30 years; to provide
that such annuity for any month shaU be
not less than one-half of the individual's
average monthly compensation for the 5
years of highest earnings; and for other
piuposes; to the Committee on Interstate
and Foreign Commerce.

H.R. 677. A bin to amend the Railroad Re-
tirement Act of 1937 to permit an annuitant
to receive his annuity even though he
renders compensated service for the outside
employer by whom he was last employed
before his annuity began to accrue; to the
Committee on Interstate and Foreign Com-
merce.

H.R. 678. A bill to amend the Railroad Re-
tirement Act of 1937 and the Social Security
Act to eliminate those provisions which re-
strict the right of a spouse or survivor to
receive benefits simultaneously under both
acts; to the Committee on Interstate and
Foreign Commerce.

HJl. 679. A bin to amend the Railroad Re-
tirement Act of 1937 so as to provide a 20-
percent Increase in widows' annuities; to the
Committee on Interstate and Foreign Com-
merce.

H.R. 580. A biU to amend the RaUroad Re-
tirement Act of 1937, as amended, so as to
eliminate certain deductions from a spouse's
annuity; to the Committee on Interstate and
Foreign Commerce.

HJl. 581. A bin to establish quota limita-
tions on imports of foreign residual fuel oU;
to the CMnmlttee on Ways and Means.

HJt. 582. A bill to amend the Internal Revo
enue Code of 1964 to Increase the depletion
aUowance for cxil and lignite; to the Com-
mittee on Ways and Means.

HJl. 683. A bin to amend the Federal Coal
Mine Safety Act so as to provide further for
the prevention of accidents in coal mines; to
the Committee on Education and Labor.

H.R 684. A bUl to promote the welfare
of the pec^le by authorizing the appropria-
tion of ftinds to assist the States and ter-
ritories In the further development of their
programs of general university extension
education; to the Committee on Bducation
and Labor.

H.R. 586. A bill to amend the Internal Rev-
enue Code of 1954 to permit a taxpayer to
deduct expenses paid during the taxable year
for the repair (including painting and paper-
ing) of his home to the extent that such ex-
penses do not exceed $500; to the Commit-
tee on Ways and Means.

HJt. 586. A bUl to establish the Inland
Navigation Commission: to authorize the
provision and collection of fair and reason-
able charges for use of Inland waterway navi-
gational improvements constructed, main-
tained, or operated with Federal funds; and
for other purposes; to the Committee on
Interstate and Foreign Commerce.

HJl. 687. A bill to amend the Internal
Revenue Code of 1964 to repeal the tax
presently Imposed on the transportation of
persons: to the Committee on Ways and
Means.

HJl. 588. A bin to amend the act to pro-
hibit State plan provisions requiring trans-
fer to State of title or control of property
or a Uen or other enciunbrance for piirpoae
of recovery; to the Conunlttee on Ways and
Means.

HJl. 689. A bUl to amend title n of the
Social Security Act to provide that fuU bene-
fits (when based upon the attainment of
retirement age) vrtll be payable to both men
and women at age 60; to the Committee on
Ways and Means.

HJl. 590. A bin to amend title II of the
Social Security Act to increase to $1,800 a
year the amount of outside earnings per-
mitted without deductions from benefita
thereunder; to the Coromittee on Ways and

H.R.591. A bUl to prohibit unjust dis-
crimination in employment ijecause of age;
to the Conunlttee on Education and Labor.
ByMr. WIDNALL:

HJl. 692. A bill to amend section 46, Utle
18, United States Code, with respect to
transportation of water-hyacinths and seeds;
to the Committee on the Jiidlciary.

H.R. 593. A bin to provide for the exemp-
tion of fowling nets from duty; to the Com-
mittee on Ways and Means.
By Mr. WILLIAMS:

H.R. 694. A bni to amend the Federal
Employees' Group Life Insurance Act of 1954
to provide for Insurance to be granted there-
under to certain employees of States whose
positions are financed entirely from Federal
funds; to the Committee on Post Office and
Civn Service.

By Mr. WILSON of California:

H.R. 595. A bill to authorize loans for the
design and construction of sea and brackish
water conversion plants and for other pur-
poses; to the Committee on Interior and
Insular Affairs.

By Mr. YOUNGER:

HJt. 596. A bin to amend the Communist
Control Act of 1964 to prohibit interference
by certain i>ersons with the free movement
of defense materials in foreign commerce,
and for other purixjses; to the Committee on
Un-Americtm Activities.
By Mr. ZABLOCKI:

HJt. 697. AbUl—

DECLARATTOW OF Pt«POS« AWD POLICT

To reaffirm the national pubUc policy and
the pvapose of Congress in the laws against

i

5

48

CONGRESSIONAL RECORD — HOUSE

January 3

1961

CONGRESSIONAL RECORD — HOUSE

49

unlawful resj-aints and monopolies, com-
monly deaigrated "antitrust" laws, which
among other things prohibit price discrimi-
nations; to alrt In Intelligent, fair, and ef-
fective admlr IstraUon and enforcement
thereof; and to strengthen the Clayton Act
as amended by the Robinson -Patman Act
and the protection which It affords to inde-
pendent business, the Congress hereby reaf-
firms that the purpose of the antitrust laws
In prohibiting price discrimination Is to
secure equality of opportunity of all persons
to compete In trade or business and to pre-
serve competition where it exists, to restore
It where it Is destroyed, and to permit it
to spring up In new fields; to the Commit-
tee on the Judiciary.

Hit. 598. A bill declaring Good Friday in
each year to be a legal public holiday; to the
Committee on the Judiciary.

HJl. 699. A bill to prohibit discrimination
because of age in the hiring and employment
of persons by Oovernment contractors; to
the Committee on the Judiciary.

H.R. 600. A bill to authcwize the estab-
lishment of a Youth Conservation Corps to
provide healthful outdoor training and em-
ployment for young men and to advance the
conservation, development, and management
of national resources of timber, soil, and
range, and of recreational areas; to the Com-
mittee on Education and Labor.

H.R. 801. A bill to provide a residence for
pages of the Senate and of the House of
Representatives, under the supervision of a
Capitol Pages' Residence Board; to the Com-
mittee on House Administration.

HH. 802. A bill to amend tiUe 11 of the
Social Sectu'lty Act to provide that full bene-
fits (when based upon the attainment of
retirement age) will be payable to men at age
62 and to women at age 60; to the Commit-
tee on Ways and Means.

H.R. 603. A bill to repeal the si>ecial tax
Imposed on amovmts paid for admission, re-
freshment, service, and merchandise at roof
gardens, cabarets, and other similar places;
to the Conunittee on Ways and Means.
By Mr. ANTtTSO:
H.R. 604. A bill to provide that tips and
gratuities received from customers of an
individual's employer may be included as
part of slich individual's wages for old-age,
survivors, and disability Insurance purposes;
to the Committee on Ways and Means.

HH. 806. A bill tc amend section 106 of
title 38. United States Code, to provide bene-
fits under laws administered by the Veterans'
Administration for service in the Women's
Army Auxiliary Corps; to the Committee on
Veterans Affairs.

H.R. 606. A bill to amend the National
Housing Act to assist In relieving the short-
age of housing for elderly persons and to In-
crease the supply of rental housing for
elderly persons; to the Committee on Bank-
ing and Currency.

H.R. 607. A bill to amend and revise the
laws relating to Immigration, naturalization,
nationality, and citizenship, and for other
purposes; to the Committee on the Judiciary.
H Jl. 608. A bill to provide that section
862(a) of the Immigration and Nationality
Act, relating to the loss of nationality by a
naturalized national of the United States
through residence in a foreign state, shall
not apply with respect to certain veterans,
and for other purposes; to the Committee on
the Judiciary.

HJl. 609. A bill to amend the Immigration
tu^a Nationality Act to extend the period of
time during wrich nat\irallzed citizens of the
United States may reside In certain foreign
countries without losing their nationality;
to the Committee on the Judiciary.

HJt. 610. A bill to amend title 18 of the
United States Code to prohibit the transmis-
sion through the malls of communications

Intended to Incite hostlUty among individ-
uals and groups of individuals on account of
race, creed, color, religion, or national origin;
to the Committee on the Judiciary.

HJl.811. A bill to amend title 18 of the
United States Code to make the bombing of
a church, synagogue, or other public»building
with an explosive transported In interstate
or foreign commerce a crime punishable by
death; to the Committee on the Judiciary.
HJl. 612. A bill declaring October 12 to be
a legal holiday, to be known as Columbus
Day; to the Committee on the Judiciary.

H.R. 613. A bUl to require the filing of a
registration statement with the Federal
Bureau of Investigation with respect to each
pistol possessed by any private person in
the United States; to the Committee on the
Judiciary.

H.R. 614. A bill to authorize appropriations
for the Federal-aid primary system of high-
ways for the purpose of equitably reimbtu-s-
ing the States for certain free and toll roads
on the National System of Interstate and
Defense Highways, and for other pxirposes;
to the Committee on Public Works.

H.R. 615. A bill to amend the act of August
11, 1939. with respect to the allocations of
funds available under that act, and for other
purposes: to the Committee on Merchant
Marine and Fisheries.

H.R. 618. A bill to provide for grants-in-aid
to the States for the treatment of narcotic
drug addicts in closed institutions; to the
Committee on Interstate and Foreign Com-
merce.

By air. BECKWORTH:
HIl.617. A bill to provide that when a
family's home is being acquired by the
United States, In determining the price to be
paid for such home the agency acqxUrlng
such home may take into account the same
considerations as would be taken into ac-
count by such family In determining whether
or not to sell their home voluntarily; to the
Committee on the Judiciary.

HJl. 618. A bill to amend the Pair Labor
Standards Act of 1938 to provide for Its clari-
fication with respect to cases where two or
more employers are contributing to the
wages of one employee; to the Committee on
Education and Labor.

H.R. 619. A bill to provide pensions for cer-
tain physically handicapped veterans of
World War I and World War II, or the Korean
conflict; to the Committee on Veterans'
Affairs.

H.R. 620. A bin to amend chapter 35 of
title 38, United States Code, to provide edu-
cational assistance to the children of veter-
ans who are permanently and totally disabled
from wartime service-connected disability;
to the Committee on Veterans' Affairs.

H.R. 621. A bill to provide that the former
owners of land acquired by the United States
shall, in certain cases, have the right to re-
acquire the mineral rights In such land when
it is sold by the United States; to the Com-
mittee on Interior and Insular Affairs.

H.R. 622. A bill to amend section 610 of
the Veterans' Benefits Act of 1967 to author-
ize the granting of hospital care to veterans
in need thereof; to the Committee on Veter-
ans' Affairs.

H.R. 623. A bill to amend section 402 of
the Veterans' Benefits Act of 1967 with re-
spect to determinations of permanent and
total disability; to the Committee on Vet-
erans' Affairs.

H.R. 624. A blU to amend the Agricultural
Adjtistment Act of 1938 to Increase In cer-
tain cases the minimum acreage allotment
for cotton; to the Conunittee on Agriculture.
H.R. 625. A bill to provide for the establlsh-
mept of a commission on problems of small
towns and rural counties; to the Committee
on Government Operations.

H.R. 626. A bill to amend the Agricultural
Adjustment Act of 1938 to proTide minimum
acreage allotments for recognized peanut
farmers; to the Committee on Agriculture.

HJL 637. A bill to amend section 8 of title
IS of the United States Code to except cer-
tain persons from the requirement of payteg
fees for certain census data; to the Commit-
tee on Poet Office and Civil Service.

HJlT62i.. A bill to amend section 610 of
title 88, United States Code, to provide that
certain veterans shall be furnished hospital
care without regard to adminlBtrative limita-
tions; to the Committee on Veterans' Affairs.
H.R.e20. A bill to amend title II of the
Social Security Act to permit the payment of
disability Insurance benefits, to an individual
otherwise qualified therefor, from the begin-
ning of such individual's dlsabUlty; to the
Committee on Ways and Means.

H.R.630. A bUl to amend title n of the
Social Security Act to increase from 11,200 to
$2,400 the amount of outside earnings per-
mitted each year without deductions from
benefits thereunder; to the Committee on
Ways and Means.

HJl. 631. A bill to amend title n of the
Social Security Act to provide benefits there-
under for certain individuals who have paid
social security taxes as employers but have
not themselves become entitled to such bene-
fits; to the Committee on Ways and Means.
H.R. 632. A bill to amend title II of the
Social Security Act to provide monthly in-
surance benefits for the unmarried depen-
dent sister of an individual who dies leaving
no other sxirvlvors eligible for benefits imder
such title; to the Committee on Wajrs and
Means.

HJl. 633. A bill to amend UUe n of the
Social Security Act to provide coverage under
the old-age, survivors, and disability liuur-
ance system for self-employed tree farmers;
to the Conunittee on Ways and Means.
By "Mr. BOOOS:
H.R. 634. A bill to amend section 104 of
the Agricultural Trade Development and As-
sistance Act of 1954 to eliminate the ceilings
on the use of foreign currencies for infor-
mational and educational activities carried
on with funds provided under authority of
that act; to the Committee on Agrlcultiu-e.
HJl. 635. A bill to remove the excise tax
on musical instruments, and for other pur-
poses; to the Committee on Ways and Means.
H.R. 636. A bill to amend the Internal Rev-
enue Code of 1954, as amended, by provision
of a deduction for expenditures for recon-
version of structures In a slum clearance pro-
gram or rehabilitation project; to the Com-
mittee on Ways and Means.

HJl. 637. A bill to amend the Internal Rev-
enue Code of 1964 to provide a 30-percent
credit against the individual income tax for
amounts paid as tuition or fees to certain
public and private Institutions of higher
education; to the Committee on Ways and
Means.

H.R. 688. A bill to amend the Internal Rev-
enue Code of 1954 to provide that moving
expenses paid by an employer for a new em-
ployee shall not be included in the gross In-
come of the employee: to the Committee on
Ways and Means.

H.R. 639. A bill to amend section 213 of the
Internal Revenue Code of 1954 to repeal the
maximum limitations on the amoiut allow-
able as a deduction for medical, dental, etc.,
expenses; to the Committee on Ways and
Means.

H.R. 640. A bill to amend section 162 of the
Internal Revenue Code of 1954 with respect
to legislative proposals; to the Committee on
Ways and Means.

HJl. 641. A bill to provide for the free
entry of an electron microscope and an LKB
Intermediate Image Spectrometer for the
use of Tulane University, New Orleans, La.;
to the Committee on Ways and Means.

H.R. 642. A bill to amend title II of the
Social Sec\irity Act so as to remove the limi-
tation upon the amount of outalde Income
which an individual may earn while receiving
benefits thereunder; to the Conunittee oa
Ways and Means.

H.R. 643. A bUl to provide increases In
annuities granted under the Panama Canal
Construction Service Annuity Act of May 29,
1944; to the (Committee on Merchant Marine
and Fisheries.

H.R. 644. A bill to direct the Secretary of
the Army to establish a national cemetery
in the southern portion of Louisiana; to the
Committee on Interior and Insular Affairs.

H.R. 646. A bill to amend the Communica-
tions Act of 1934 to assist in the establish-
ment and Improvement of certain television
broadcasting facilities; to the Committee on
Interstate and Foreign Conunerce.

HJl. 646. A bill to protect the public health
by regulating the manufacture, compound-
ing, processing, distribution, and possession
of habit-forming barbiturate and ampheta-
mine drugs; to the Committee on Interstate
and Foreign Commerce.

HJl. 647. A bill to amend the River and
Harbor Act of 1946; to the Committee on
Public Works.

By Mr. COLMER:

HJl. 048. A bill to amend the Legislative
Reorganization Act of 1946 to provide for
more effective evaluation of the fiscal require-
ments of the executive agencies of the Gov-
ernment of the United States; to the Com-
mittee on Rulee.

H.R. 649. A bUl to establish rules of inter-
pretation governing questions of the effect of
acts of Congress on State laws; to the Com-
mittee on the Judiciary.

H.R. 660. A bill to provide for the appoint-
ment of an additional district Judge for the
southern district of Mississippi; to the C(Hn-
mittee on the Judiciary.

H.R. 681. A bill to provide that one floating
ocean station shall be maintained at all times
in the Gulf of Mexico to provide storm warn-
ings for States bordering on the Gulf of
Mexico; to the Committee on Merchant
Marine and Fisheries.

HJl. 652. A biU to amend the Merchant
Marine Act, 1936, In order to eliminate the
6-percent differential applying to certain
bids for Pacific coast shipbuilders; to the
Committee on Merchant Marine and Fisher-
ies.

HJl. 663. A bUl to amend the Tariff Act of
1930 to provide for the establishment of
oountry-by-country quotas for the Importa-
tion of shrimps and shrimp products, to Im-
pose a duty on all unprocessed shrimp Im-
ported In excess of the applicable quota, and
to Impose a duty on processed shrimp and
prohibit Its importation in excess of the
applicable quota; to the Committee on Ways
and Means.

HA. 654. A bill to establish rules of Inter-
pretation of the effect of acts of Congress
on State laws; to limit the appellate Juris-
diction of the Supreme Court in certain
cases: and to provide that confessions and
other evidence shall be admissible In U.S.
courts; to the Conunittee on the Judiciary.

H.R. 665. A bUl to amend the PubUc Health
Service Act to provide for certain Investi-
gations and studies by the S\u-geon General
of the United States; to the Committee on
Interstate and Foreign Commerce.

H.R. 656. A bill to regulate the foreign
commerce of the United States by estab-
lishing quantitative restrictions on the Im-
portation of hardwood plywood; to the
Committee on Ways and Means.

H.R. 657. A bill to provide for an ad va-
lorem duty on the Importation of shrimp;
to the Committee on Ways and Means.

H.R. 658. A bill to provide a new farm
program for basic agricultural conunoditles
under which excessive and burdensome Fed-
eral controls on agriculture will be elimin-
ated, and under which American agriculture
will be restored to a free-enterprise basis;
to the Committee on Agricvatiue.

HJL 669. A bill to prohibit the ImporU-
tlon Into the United States of polluted shell-
fish; to the Conunittee on Ways and Means.

By Mr. OILBXBT:
HJl. 060. A bill to amend section 503 of
title 38, United States Code, to provide that
workmen's compensation payments shall be
disregarded in the computation of income
for purposes of payirent of pensions, and for
other piirpoees; to the Conunittee on Vet-
erans Affairs.

HJl. 661. A bill making unlawful the re-
quirement for the payment of a poll tax as a
prerequisite to voting In a primary or other
election for national ofllcers; to the Conunit-
tee on House Administration.

HJl. 662. A bin to amend and revise the
laws relating to Immigration, natxu-allza-
tlon, nationality, and citizenship, and for
other purposes; to the Conmilttee on the
Judiciary.

HJl. 663. A bill for the better asstiranoe of
the protection of citizens of the United
States and other persons within the several
States from mob violence and lynching, and
for other purposes; to the Committee on the
Judiciary.

HJl. 664. A bill to amend the Interstate
Commerce Act so as to prohibit the segrega-
tion of passengers on accovmt of race oc
color; to the Committee on Interstate and
Foreign Commerce.

HJl. 665. A bill to extend and amend laws
relating to the preservation and Improvement
of housing and the renewal of lu-ban com-
munities, and for other purposes; to the
Committee on Banking and Currency.

HJl. 666. A blU to provide that Federal
funds shall not be used for loans, grants,
or other financial assistance to provide hous-
ing with respect to which there is any dis-
crimination against occupancy on account of
race, religion, color, ancestry, or national
origin; to the Committee on Banking and
Currency.

H.R. 667. A bin to authorize Federal finan-
cial assistance for school construction and
teachers' salaries; to the Committee on Edu-
cation and Labor.

HJl. 668. A blU to withhold Federal aid
from schools which discriminate between
students by reason of their race, color, re-
ligion, ancestry, or national origin; to the
Committee on Education and Labor.

HJl. 669. A bin to provide Federal assist-
ance for projects which will demonstrate or
develop techniques and practices leading to
a solution of the Nation's Juvenile delin-
quency control problems; to the Conunittee
on Education and Labor.

HH. 670. A bUl to pndiiblt discrimination
in employment because of race, religion, col-
or, national origin, or ancestry; to the Com-
mittee on Education and Labor.

HJl. 671. A biU to amend the Fair Lalx>r
Standards Act qH 1938 so as to increase from
$1 to •1.26 the minimum hoiuly wage pre-
scribed by section 6(a)(1) of that act; to
the Committee on Education and Labor.

HJl. C72. A bill to establish an effective
program to alleviate conditions of substantial
and persistent unemployment and underem-
ployment in certain economically depressed
areas; to the Committee on Banking and
Currency.

HJl. 673. A bill to amend chapter 7B of
title 10, United States Code, to provide that
certain boards established thereunder shall
give consideration to satisfactory evidence
relating to good character and exemplary
conduct in civilian life after discharge or dis-
missal in determining whether or not to cor-
rect certain discharges and dismissals; to au-
thcM^e the award of an exemplary rehabili-
tation certificate; and for other purposes; to
the Committee on Armed Services.

H.R. 674. A bill to amend the Civil S«-vlce
Retirement Act to authorize the retirement
of employees after 30 years of service without
reduction in annuity; to the Committee on
Post Office and Civil Service.

H.R. 675. A Mil to amend tlUe XI of the
Social Security Act so as to remove the
limitation upon the amount of outside In-

come which an individual may earn while
receiving benefits thereunder; and to pro-
vide that full benefits thereiuider, when
based upon the attainment of retirement
age, will be payable to men at age 60 and
to wcxnen at af;e 66; to the Committee on
Wa3rs and Metms.

HJl. 676. A blU to amend the Sofelal Se-
curity Act and the Internal Revenue Code
so as to provide Insxu-ance against the costs
of hospital, nursing home, and surgical serv-
ice for f>ersons eligible for old-age and sur-
vivors insurance benefits, and for other pur-
poses; to the Committee on Ways and
Means.

H.R. 677. A bUl to amend the Internal
Revenue Code of 1964 to provide an addi-
tional Income tax exemption to certain
physically handicapped individuals; to the
Committee on Ways and Means.

HJl. 678. A bill to amend the Internal
Revenue Code of 1964 to grant an additional
income tax exemption to a taxpayer support-
ing a dependent who Is permanently handi-
capped; to the C<xnmlttee on Ways and

By Mr. KILOORE:
HJl. 679. A bin to provide for the acquisi-
tion of sites and the construction of build-
ings for a training school and other facilities
for the Inunigratlon and Naturalization
Service and for other purposes; to the Com-
mittee on Public Works.

H.R. 680. A bUl to provide for the estab-
lishment of a veterans' hospital in south
Texas; to the Committee on Veterans' Affairs.

H.R. 681. A bill to permit persons who
suffered damage to their lands or other pri-
vate property by reason of fiooding along the
Arroyo Colorado in October of 1958 due to
the diversion of fioodwaters of the Rio
Grande to file claims under the act af
August 27, 1936, as amended; to the Com-
mittee on the JiKllclary.

HJl. 682. A bin relating to documentation
and inspection of vessels of the United
States; to the Committee on Merchant Ma-
rine and Fisheries.

HJl. 683. A bill to authorize the Donna-
Rlo Bravo Bridge Co. to construct, maintain,
and operate a toU bridge across the Rio
Grande near Donna, Tex.; to the Committee
on Foreign Affairs.

HJl. 684. A bin to provide for the settle-
ment of claims of certain inhabitants of the
United States Uvlng in the area inundated
by the sudden fioods of the Rio Grande as
a result of the construction of the Falcon
Dam, and for other purpoees; to the Com-
mittee on the Judiciary.

HJl. 686. A bill to amend the Internal
Revenue Code to allow gas tax refunds due
for gasoline used by aerial applicators serv-
ing farmers to be refunded to the aerial ap-
plicators providing such service to farmers;
to the Committee on Ways and Means.

HJl. 686. A bill to amend the Internal
Revenue Code of 1954 to provide for the re-
fund of manufacturers excise taxes in certain
cases where the tu-ticles are exported by per-
sons other than the manufacturers, pro-
ducers, or Importers of the articles; to the
Committee on Ways and Meuns.
By Mr. LANE:

HJl. 687. A bUl to provide for adjusting
conditions of competition between certain
domestic Industries and foreign industries
vrith respect to the level of wages and the
working conditions in the production cH
articles imported into the United States; to
the Committee on Wajrs and Means.

HJl. 688. A blU to amend the Internal
Revenue Code of 1964 to provide a credit
against Income tax for certain employers
who employ individuals 50 years of age and
over; to the Committee on Ways and M»ans.

H.R. 689. A biU to regulate the foreign
commerce of the United States by establish-
ing Import quotas imder specified conditions,
and tot other purpoees; to the Committee on
Ways and Means.

I

cvn-

50

CONGRESSIONAL RECORD — HOUSE

Janimry 3

HJt.eoO. A bill to amend title 11 of the
Social Security Act to provide that fuU bene-
flto thereunder, when baMd upon the attain-
ment or retirement age, will be payable to
both men and women at age 60; to the Com-
mittee on Ways and Means.

HJt. 691. A bill to amend the Intemsd Rev-
enue CJode ot 1964 to terminate the tax on
long-dlBtance telephone service simulta-
neously with the termination (presently pro-
vided for) of the tax on local telephone serv-
ice; to the Committee on Ways and Means.

H.R. 692. A bin to amend title II of the So-
cial Security Act to provide that an individ-
ual may earn up to $1,200 a year without los-
ing his entitlement to disability Insurance
benefits or the disability freeze; to the Com-
mittee on Ways and Means.

HH. 693. A bill to authorize Federal loans
to assist local commimitles in building
modem Industrial plants in labor-surplus
areas: to the Committee on Public Works.

HJl. 694. A bUl to provide for the estab-
lishment of a Veterans' Administration
domlclUary facUlty in the vicinity of Boston,
Mass • to the Committee on Veterans' Affairs.
HJl. 696. A bin to amend title 38 of the
United States Code to provide that multiple
scleroels developing a 10-percent or more
degree of disability within 3 years after sepa-
ration from active service shall be presumed
to be service connected; to the Committee
on Veterans' Affairs. ^_...^

HJl. 696. A bUl to provide that, notwith-
standing the termination by Presidential
proclamation of the period within which vet-
erans of service subsequent to June 27, 1960,
may accrue eligibility for wartime benefits.
■uch period shaU not terminate whUe in-
dividuals may be Inducted for training and
service In the Armed Forces; to the Commit-
tee on Veterans' Affairs.

HJl. 697. A bill to Uberalize the pension
programs for disabled veterans of World War
I. World War II. and the Korean conflict; to
the Committee on Veterans' Affairs.

HJl. 698. A bill to amend section 603 of
title 38, United States Code, to Insert an ad-
ditional subparagraph (7) to exclude com-
mercial life Insurance payments not In excess
of $10,000 in the consideration of annual in-
come for pension purposes; to the Commit-
tee on Veterans' Affairs.

HJl. 699. A bill to amend section 610 of
title 38, United States Code, to authorize the
furnishing of hospital care at Veterans' Ad-
ministration facilities for Gold Star Mothers;
to the Committee on Veterans' Affairs.

HJl. 700. A biU to amend title 38, United
States Code, to permit for 1 year the granting
of national service life insturance to veterans
with service-connected disabilities; and to
permit for 1 year veterans with service-con-
nected disabilities less than total to obtain
disability Income protection under national
sendee life insurance, and for other pvir-
poees; to the Committee on Veterans' Affairs.
HJl. 701. A blU to authorize gratuitous
benefits for a remarried widow of a veteran
upon termination of her remarriage; to the
Conunlttee on Veterans' Affairs.

H.R. 702. A bUl to amend title 38, United
States Code, to provide for the payment of
pensions to veterans of World War I; to the
Committee on Veterans' Affairs.

HJl. 703. A bin to provide that veterans
suffering from active pulmonary tuberculosis
shaU be deemed to be permanently and
totaUy disabled for pension purposes while
hoepitallzed; to the Committee on Veterans'
Affairs.

HJl. 704. A bin to amend section 312. title
38, United States Code, to establish a pre-
sumption of service connection for chronic
and tropical diseases becoming manifest
within 3 years from separation from service;
to the Committee on Veterans' Affairs.

HJl. 708. A bin to increase the amoimt of
damages awarded for imjxut conviction and
imprisonment: to the Committee on the
Judiciary.

H.R. 706. A bill to increase the maximum
rate of mileage allowance for UB. marshals
teaveling on official business, and for other
purposes; to the Committee on the Judiciary.
HJl. 707. A biU to authorize the Secretary
of the Army to make surveys with respect
to floods aggravated by Intense and unusual
storms in the areas of Winthrop, Nahant.
and Revere, Mass.; to the Conrmilttee on
Public Works.

HJl. 708. A bUl to prohibit the discharge of
members of the Armed Forces under condi-
tions other than honorable except pursu-
ant to the sentence of a court-martial; to
the Committee on Armed Services.

HJl. 709. A bill to amend section 1652, title
10, United States Code, and section 301 of the
Servicemen's Readjustment Act of 1944 to
provide that the Board for the Correction of
MUltary or Naval Records and the Boards of
Review, Dischargee, and Dismissals shall give
consideration to satisfactory evidence relat-
ing to good character and exemplary con-
duct in civilian life after discharge or dis-
missal In determining whether or not to
correct certain discharges and dismissals; to
authorze the award of an exemplary rehabili-
tation certificate; and for other purposes; to
the Committee on Armed Services.

H.R. 710. A bill to present a declaration
of objectives for senior Americans; provide
for the establishment of a U.S. Office of Aging
within the Department of Health, Educa-
tion, and Welfare to be headed by an Assist-
ant Secretary for Aging; authorize Federal
grants to assist in the development and op-
eration of studies and projects to help older
persons, and for other purposes; to the Com-
mittee on Education and Labor.

HJl. 711. A bin to provide for the estab-
lishment of Cape Cod National Seashore
Park; to the Committee on Interior and In-
sular Affairs.

H.R. 712. A bill to provide that Teterana
age 65 shall be deemed to be permanently
and totally disabled for jjenslon purposes;
to the Committee on Veterans' Affairs.

HJl. 713. A bill to amend title II of the
Social Security Act to Increase from $1,200
to $2,400 the amount of outside earnings
permitted each year without deductions from
benefits thereunder; to the Committee on
Ways and Means.

H.R. 714. A bill to protect the right of the
blind to self-expression through organiza-
tions of the blind; to the Committee on Edu-
cation and Labor.

H.R. 715. A bin to provide a method for
regulating and fixing wage rates for em-
ployees of Portsmouth. NJI.. Naval Shipyard;
to the Committee on Armed Services.

HJl. 716. A bUl to amend the Fair Labor
Standards Act of 1938 to establish a $1.36
minimum hourly wage, and for other pur-
poses; to the Committee on Education and
Labor.

HJl. 717. A bin to provide credit faculties
for the use of fishermen's cooperative asso-
ciations through establishment of a Bank
for Fishermen's Cooperative Associations, and
for other purposes; to the Committee on
Merchant Marine and Fisheries.

HJl. 718. A bUl to prohibit agencies of the
United States from Imposing contractual
provisions boycotting vessels trading with
Israel; to the Committee on Merchant Ma-
rine and Fisheries.

HJl. 719. A bUl to provide a program of
grants and scholarships to encourage educa-
tion and training In the field of nursing, and
for other purposes; to the Committee on
Interstate and Foreign Commerce.

H.R. 720. A bin to prohibit the serving of
alcoholic beverages to passengers on aircraft
in flight; to the Committee on Interstate
and Foreign Commerce.

HJl. 721. A bUl to provide for the estab-
lishment of a U.S. Foreign Service Academy;
to the Committee on Foreign Affairs.

HJl. 722. A bin to amend section 812 of
the Immigration and Nationality Act to ex-

empt certain additional persons from the
requirements as to understanding the Eng-
lish language before their naturalization M
citizens of the United States; to the Com-
mittee on the Judiciary.

HJl 723. A bin to prescribe policy and
procedure in connection with construcUon
contracU made by executive agencies, and
for other purposee; to the Committee on the
Judiciary.

By Mr. McDONOUOH:
H.R. 724. A bni to amend section 103 of
the Internal Revenue Code of 1964. relating
to Interest on certain governmental obUga-
tlons. and section 10 of the UB. Housing Act
of 1937. relating to annual contributions In
assistance of low-rent housing; to the Com-
mittee on Ways and Means.

H.R. 725. A bill to authorize the Secretary
of the Interior to construct, operate, and
maintain the Bridge Canyon project, and for
other purposes; to the Committee on In-
terior and Iiuular Affairs.

HJl. 726. A bill to extend the benefiU of
the act of May 29. 1944. entitled "An act to
provide for the recognition of the services of
the civilian officials and employees, citizens
of the United States, engaged In and about
the construction of the Panama Canal." to
certain additional civilian officers and em-
ployees; to the Committee on Merchant Ma-
rine and Fisheries.

HJl. 727. A bill to amend Public Law 361.
77th Congress, to provide for admission of
certain combat veterans to hospiUllzation
in Veterans' Administration facintles pend-
ing adjudication of service connection of the
disabilities for which they need treatment;
to the Committee on Veterans' Affairs.

HH. 728. A bill to amend paragraph (A)
(1) of Public Law No. M2, 79th CongreM,
chapter 869. 2d session, and for other pur-
poses; to the Committee on Veterans' Affairs.
H.R. 729. A bin to amend the Vocational
Rehabilitation Act to provide additional Fed-
eral support to States and certain nongovern-
mental agencies to enable them to carry out
adequate demonstration programs for the
vocational rehablllUtlon of the physically
handicapped; to the Committee on Educa-
tion and Labor.

H.R. 730. A bUl to amend chapter 1. sub-
chapter C. of the Internal Revenue Code;
to the Committee on Ways and Means.

HJl. 781. A bin to exempt from the Federal
lnc<.me tax Income received by individuals
who have reached age 65 if their adjusted
gross income does not exceed $3,500 in the
case of married couples or $2,000 in the case
of single Individuals; and to increase aU
personal income tax exemptions from $600
to $800; to the Committee on Ways and
Means.

H.R. 732. A bUl to amend title I of the
Social Security Act to provide that the first
$60 per month of an individual's earned In-
come ShaU be disregarded by the State agency
In determining his need for old-age as-
sisUnce; to the Committee on Ways and
Means.

H.R. 733. A bill to amend the Internal
Revenue Code so as to aUow. as a deduction
from gross income, certain amounts paid as
life Insurance premiums, and to provide
more liberal Income tax treatment for
amounts paid for hospitalization insurance
and amotmts paid under volimtary medical
care plaiu; to the Committee on Ways and
Means.

H.R. 734. A bin to amend the Internal
Revenue Code of 1954 to aUow a deduction
for Income tax purposes of certain expenses
Incurred by the taxpayer for the education
of a dependent; to the Committee on Ways
and Means.

H.R. 735. A blU to Increase from $1,200 to
$2,400 the amount which may be taken Into
account In computing the retirement In-
come credit under section 37 of the Internal
Revenue Code of 1954; to the Committee on
Ways and Means.

1961

CONGRESSIONAL RECORD — HOUSE

51

H.R. 736. A bUl to encoxirage the estab-
lishment of voluntary pension plans by self-
employed Individuals; to the Committee on
Ways and Means.

HJl. 787. A bill to amend section 1701 of
the Internal Revenue Code with respect to
exemptions trom the tax on admissions; to
the Committee on Ways and Means.

HJl. 738. A bill to amend the Internal Rev-
enue Code of 1954 to exempt from tax
amounts paid for admissions to certain
rodeos: to the Committee on Ways and

HJl. 739. A bUl to amend section 218 of
the Social Seciirlty Act to provide that cov-
erage by referendum for State and local em-
ployne shall be decided by a majority of
tboa* actually voting rather than by a ma-
jority of those eligible to vote; to the Com-
mittee on Ways and Means.

H.R. 740. A bUl to repeal the retailers'
excise tax on purses, handbags, and certain
other articles; to the Committee on Ways
and Means.

HJl. 741. A blU to repeal the retaUers* ex-
cise tax on toilet preparations; to the Com-
mittee on Ways and Means.

HJl. 742. A bill to provide parking space
for the automobiles of patrons and postal
employees at postal installations; to the
C<xnmlttee on Poet Office and ClvU Service.

HJl. 743. A bni to amend the Internal
Revenue Code of 1964 to assist smaU andfln-
dependent business, and for other purposes;
to the Committee on Ways and Means.

HJl. 744. A bUl to make Flag Day a legal
public holiday; to the Committee on tb»
Judiciary.

H.R. 748. A bUl to permit local taxation
Of the private Interest In personal property
and work In process and Inventories of ma-
terial acquired by the Federal Government
for mUltary security and the national de-
fense but in the possession of contractors
with the Federal Government; to the Com-
mittee on Ways and Means.

H.R. 746. A bUl to repeal section 1701(a)
(2) of the Internal I^venue Code so as to
exempt from tax admissions to certain
events conducted for the benefit of reUglous.
educational, and charitable organizations;
to the Committee on Ways and Means.

HJl. 747. A bill to extend the duration of
the Federal air pollution control law. and
for other purposes; to the Committee on
- Interstate and Foreign Commerce.

HJl. 748. A bill to provide for advance-
ment on the retired list of persons retired
for disabUlty after 30 years' service or more;
to the Committee on Armed Services.

HJl. 740. A bUl establishing a general
poUcy with respect to payments to State
and local governments on account of Fed-
eral real property and tangible personal
property by providing for the taxation of
certain Federal property and for payments
In connection with certain other Federal
property, and for other purposes; to the
Committee on Interior and Insular Affairs.
By Mrs. ST. GEORGE:

HJl. 750. A biU to adjust the compensa-
tion of officers and employees of the United
States, and for other purposes; to the Com-
mittee on Post Office and ClvU Service.

HJl. 751. A bUl to discontinue the Postal
Savings System established by the act of
June 25, 1910 (86 Stat. 814), as amended,
and for other pvirposes; to the Committee
on Poet Office and ClvU Service.

HJl. 752. A bin to readjust size and weight
limitations on fourth -class (parcel post)
mall; to the Committee on Post Office and
ClvU Service.

H.R. 753. A bin to provide for the erection
In Arlington National Cemetery of an eques-
trian statue of General of the Armies of the
United States John J. Pershing: to the Com-
mittee on House Administration.

HJl. 754. A blU to provide for a national
cemetery In the county of Orange, or the

county of Rockland, State of New Tork; to
the Committee on Interior and Insular Af-
fairs.

HJl. 755. A blU to provide that railroad
employees may retire on a full annuity at age
60 or after serving 30 years; to provide that
stich annuity for any month shall be not
less than one-half at the individual's aver-
age monthly compensation for the 5 years of
higheet earnings; and for other purpoees;
to the Committee on Interstate and Foreign
Commerce.

H.R. 756. A blU to limit the appellate Ju-
risdiction of the Supreme Court In certain
cases; to the Committee on the Judiciary.

H.R. 757. A blU to provide for adjvistlng
conditions ot competition between certain
domestic Industries and foreign industries
with respect to the level of wages and the
working conditions In the production of
articles imported into the United States; to
the Committee on Ways and Means.

H.R. 758. A bin to amend title n of the
Social Security Act to jM-ovlde maximum ben-
efits for individuals who, although deaf and
mute, have acquired Insured status by con-
tinuing In covered employment or self-em-
ployment dxirlng their working years; to the
Committee on Ways and Means.

H.R. 750. A bill to amend title II of the
Social Security Act to provide for the dele-
tion, from the records of the Secretary of
Health, Education, and Welfare, of any en-
tries showing wages paid for service as an
employee of the Communist Party; to the
Committee on Ways and Means.

HJl. 760. A bill to amend the Internal
Revenue Code of 1954 so as to provide for
scheduled personal and corporate income tax
reductions, and for other purposes; to the
Committee on Ways and Means.

HJl. 761. A bUl to prohibit the Importa-
tion of Cuban sugar for so long as the prloe
which U.S. Importers are required to pay for
such sugar is above the world market price;
to the Committee on Agriculture.

HJl. 762. A bill to amend section 202 of the
Agricultural Act of 1949 to provide that
while butter is In surplus supply. It shall be
part of the ration of the Army, Navy, and
Air Force; to the Committee on AgrUnUture.

H.R. 763. A bUl to provide for an addi-
tional payment of $165,000 to the vlUage of
Highland Falls, N.T., toward the cost of the
water filtration plant constructed by such
▼Ulage; to the Committee on Armed Services.

HJl. 764. A bUl to provide that Fort Mont-
gomery, N.Y.. may tap the West Point water
supply Une, and for other purposes; to the
Conunittee on Armed Services.

HJl. 765. A bill to amend title U of the
Social Security Act so as to remove the limi-
tation upon the amount of outside IncMne
which an Individual may earn while receiv-
ing benefits thereunder; to the Committee
on Ways and Means.

HJl. 766. A bin to prohibit discrimination
on account at sex in the payment of wages
by employers having employees engaged In
commerce or In the production of goods for
commerce, and to provide procedures for as-
sisting employees In collecting wages lost by
reason of any such discrimination; to the
Committee on Education and Labor.

HJl. 767. A bin to amend the act of June
22, 1936, relative to fiood control, and for
other purposes; to the Committee on Public
Works.

HJl. 768. A bill to amend the Federal-Aid
Highway Act of 1956 to permit States having
toll and free roads, bridges, and tunnels
designated as part of the National System of
Interstate and Defense Highways to desig-
nate other routes for inclusion In the Inter-
state System; to the Committee on PubUe
Works.

By Mr. BAYLOR:

HJl. 709. A bill relating to certain Inspec-
tions and Investigations In metalUc and non-
metaUlc mines (excluding coal and lignite
mines) for the purpose ot dttalnlng Informa-

tion relating to health and safety condi-
tions, accidents, and occupational diseases
therein and for other purposes; to the Com-
mittee on Education and Labor.

HJl. 770. A bin to amend the Social Se-
curity Act to provide that, for the purpose of
old-age and s\irvlvors Insurance benefits, re-
tirement age shall be 60 years; to the Com-
mittee on Ways and Means.

HJl. 771. A bin to provide i<x the Issuance
of a series of special postage stamps to be
known as the Signers for Freedom stamps,
honoring the signers of the Declaration of
Independence; to the Committee on Post
Office and ClvU Service.

H.R. 772. A bUl to provide for the issuance
of a postage stamp bearing the phrase "High-
way Courtesy Is Contaglovis": to the Commit-
tee on Post Office and CivU Service.

HJl. 773. A bUl to provide for the establish-
ment of national cemeteries in the Com-
monwealth of Pennsylvania; to the Commit-
tee on Interior and Insular Affairs.

HJl. 774. A bill to permit awards of both
readjustment pay and disability c<Mnpen8a-
tlon; to the Committee on Armed Services.

HJl. 775. A bin to amend title 38, United
States Code, to establish a Court of Veterans'
Appeals and to prescribe Its- Jurisdiction and
functions; to the OomnUttee on Veterans'
Affairs.

H.R. 776. A bin to establish a National
Wilderness Preservation System for the
permanent good of the whole people, and for
other purposes: to the Committee on In-
terior and Insular Affairs.

H.R. 777. A bin for the protection of ma-
rine mammals on the high seas, and for
other purposes; to the Committee on Mer-
chant Marine and Fisheries.

HJl. 778. A bill to establish quota limita-
tions on impOTts of f<»elgn residual fuel
oil; to the Committee on Ways and Means.

HJl. 779. A bin to Increase from $600 to
$750 the personal income tax exemptions of
a taxpayer (including the exemption for a
q>oiise, the exemption for a dependent, and
the additional exemption for old age or
blindness) ; to the Committee on Ways and
Means.

HJl. 780. A bin to amend the Internal
Revenue Code of 1954 to Increase the deple-
tion allowance for coal and lignite; to the
Committee on Ways and Means.

HJl. 781. A bUl to amend the national de-
fense amendment, and for other purposes; to
the Committee on Ways and Means.

HJl. 782. A bin to amend the Internal
Revenue Code of 1954 to exempt a corpora-
tion from the corporate income tax where Its
operations are carried on in an economically
depressed area and provide employment for
a 8i>eclfied T«tnimiiTr> number of persons In
that area; to the Committee on Ways and

Means.

By Mr. MULTER:

HJl. 783. A bill to supplement the Sher-
man Act and tne Federal Trade Comm-Usion
Act by prohibiting automobUe manufactur-
ers from engaging in the businesses of fi-
nancing and insuring automobiles purchased
by constimers, and for other purposes; to the
Committee on the Judiciary.

H.R. 784. A bill to amend the Immigration
and Nationality Act to provide that clergy-
men who are naturalized citizens shaU not
lose their natlonaUty by residence abroad,
even though they are not representatives of
Amo-lcan organizations, if they devote fuU
time to their clerical duties, and for other
purposes; to the Committee on the Judiciary.

H.R. 785. A bUI to permit aUena registered
on former quoU waiting lists maintained
prior to January 1, 1944, to be placed on the
appropriate quota waiting lists maintained
tmder authority of the Immigration and Na-
tlonaUty Act without loss of priority of their
original registration; to the Committee on
the Judiciary.

HJl. 786. A bUl relating to the Italian
American War Veterans of the United States,

52

CONGRESSIONAL RECORD — HOUSE

January 5

Inc., and the statxu of that organization
\mder certain laws of the United States; to
the Committee on Veterans' Affairs.

Hit. 787. A bill for the relief of the city of
New York: to the Committee on the Judi-
ciary.

HH. 788. A bill to amend the Administra-
tive Procedure Act so as to require every
agency of the Federal Government to furnish
to certain additional persons copies of cer-
tain notices or communications; to the Com-
mittee on the Judiciary.

HH. 789. A bill to provide that for the pur-
pose of disapproval by the President each
provision of an appropriation bill shall be
considered a separate bill; to the Committee
on the Judiciary.

H H. 790. A bill to prevent discrimination
in any public or semlpubllc place or by any
public or semlpubllc transportation against
members of the Armed Forces because of
race, color, or creed; to the Committee on the
Judiciary.

H.R. 791. A bill to amend the Renegotia-
tion Act of 1951 to assist small business, and
for other purposes; to the Committee on
. Ways and Means.

H.B. 792. A bill to amend the Second Lib-
erty Bond Act to provide that savings-type
investors shall have priority In the allotment
of certain bonds; to the Committee on Ways
and Ifoans.

H.R. 793. A bill to provide for the payment
{rf premiums on savings bonds and savings
certificates, and for other purposes; to the
Committee on Ways and Means.

H Jl. 794. A bill to amend the Internal
Revenue Code of 1964 to allow a taxpayer a
deduction from gross income for tuition and
other expenses paid by him for his educa-
tion or the education of his spouse or any
of his dependents; to the Committee on Way*
and Means.

H Jl. 796. A bill to amend section 608 of the
National Housing Act to prevent the charg-
ing of excessive rents, resulting from unduly
high estimates of costs, in the case of prop-
erty covered by a mortgage Insured under
such section: to the Committee on Banking
and Cxurency.

H.R. 796. A bill to amend the Federal Em-
ployees' Compensation Act to extend coverage
to certain persons engaged In civil defense;
to the Committee on Education and Labor.

HJl. 797. A bill to amend sections 612 and
613 of the Servicemen's Readjiistment Act of
1944 to provide direct loan funds, and for
other purposes; to the Committee on Vet-
erans' Affairs.

HJl. 798. A bill to amend section 108 of the
Internal Revenue Code of 1954, to provide
that the Interest on certain obligations is-
sued by the States and their political sub-
divisions shall not be tax exempt; to the
Committee on Ways and Means.

HJl. 799. A bill to amend the Tariff Act of
1930 to provide that any article Imported by
a State or political subdivision for govern-
mental purposes shall be free of duty; to
the Committee on Ways and Means.

HJl. 800. A bill to provide voluntary cov-
erage under the Federal old-age, survivors,
and disability Insurance system for self-em-
ployed physicians; to the Committee on Ways
and Means.

H.R 801. A bill to amend title n of the
Social Security Act to provide that certain
military service of a veteran entitled to a
civil service retirement annuity may be
counted for social secxirlty pvirposes If he
irrevocably elects to exclude such service
from the computation of such annxilty; to
the Committee on Ways and Means. ,

HR. 802. A bUl to prohibit the examina-
tion In District of Columbia coiirts of any
minister of religion In connection with any
communication made to him In his profes-
sional capacity, without the consent of the
party to such communication; to the Com-
mittee on the District of Columbia.

H.R. 803. A bill to amend title 38, United
States Code, to provide vocational rehabilita-
tion, education and training, and loan g\iar-
anty benefits for veterans of service after
January 31, 1968; to the Committee on Vet-
erans' Affairs.

HR. 804. A bill to amend the act of July
8, 1932 (relating to dangerous weapons in
the District of Columbia), to create a pre-
siunptlon In connection with the poeseeslon
of certain dangeroiis weapons; to the Com-
mittee on the District of Columbia.

HJl. 806. A bill to amend the National De-
fense Education Act of 1968 to provide for
a college scholarship program; to the Com-
mittee on Education and Labor.

H.R. 806. A bill to require dogs to be kept
under leash when they are In the streets or
other public places In the District of Co-
lumbia; to the Committee on the District of
Columbia.

HR. 807. A bill to alleviate conditions of
excessive unemployment and underemploy-
ment in depressed industrial and rural areas;
to the Committee on Banking and Currency.
HR. 808. A bUl to protect the Integrity
and independence of national banks by
strengthening the laws relating to ownership
of stock In such banks; to the Committee on
Banking and Currency.

HJl. 809. A bill to establish a body cor-
porate within the Department of Commerce
to extend financial assistance to State or
local governments or public authorities
operating or providing transit and commuter
service In our major metropolitan areas; to
the Committee on Banking and Currency.

H.R. 810. A bill to amend section 701 of the
Housing Act of 1954 (relating to urban plan-
ning grants), and tlUe n of the Housing
AmendmenU of 1955 (relating to public fa-
cility loans), to assist State and local gov-
ernments and their public instrumentalities
In improving mass transportation services
in metropolitan areas; to the Committee on
Banking and Currency.

H.R. 811. A bill to amend the District of
Columbia Income and Franchise Tax Act of
1947 with respect to the deduction of medi-
cal expenses; to the Committee on the Dis-
trict of Columbia.

HJl. 812. A bill relating to the practice of
law in the District of Columbia; to the Com-
mittee on the District of Colvunbla.

HJl. 813. A bill to provide for a dual bank-
ing system In the District of Coltimbla; to
the Committee on the District of Coliunbla.
HR. 814. A bill to repeal cerUln miscel-
laneous excise taxes; to the Cbmmlttee on
Ways and Means.

H.R. 816. A bill to provide for the waiver of
income taxes on series X U.S. savings bonds,
and for other purposes; to the Committee on
Ways and Means.

H.R. 816. A bill to equalize income tax
revenues, and for other purposes; to the
Committee on Ways and Means.

H.R. 817. A bin to amend the Social Secu-
rity Act to permit the use of social security
records to aid in locating runaway parents;
to the Committee on Ways and Means.

H.R, 818. A bin to amend title 28 of the
United States Code to provide that State
law shall. In certain cases, determine the
number of Jurors which constitute a Jury
and the number of Jiuors who must agree in
order that there be a valid verdict; to the
Committee on the Judiciary.

HJl. 819. A bill to amend the Bankruptcy
Act with respect to the priority of debts
owed by a bankrupt to workmen, servants,
clerks, and certain salesmen; to the Com-
mittee on the Judiciary.

HJl. 820. A bill to amend the Administra-
tive Procedure Act, as amended and for other
purposes; to the Committee on the Judiciary.
H.R. 821. A bill to amend section 6 of the
Federal Deposit Insurance Act to provide for
the holding of public hearings In connection
with the issuance of certain certificates and
the making of certain findings and deter-

minations and for other purposes; to the
Conunittee on Banking and Currency.

H.B. 822. A bill to aid In controlling Infla-
tion, and for other purposes; to the Commit-
tee on Banking and C\irrency.

HJl. 828. A bill to amend the Small Busi-
ness Act to provide that a smaU -business
concern may not be denied assUtance there-
under solely because of the type of biislness
in which It Is engaged. If such business Is
lawful in the community where such concern
is located; to the Committee on Banking
and Currency.

HJl. 824. A bill to provide for disaster
loans to small-business concerns which suf-
tex economic Injury due to federaUy aided
highway construction programs; to the Com-
mittee on Banking and Cxirrency.

HR. 826. A bill to authorize Federal mu-
tual savings banks: to the Committee on
Banking and Currency.

H.R. 826. A bill to provide for fuel alloca-
tions and priorities during emergencies; to
the Committee on Banking and Cxirrency.

HJt. 827. A bill to establish an emergency
community facilities and public-works pro-
gram In the Community Facilities Adminis-
tration of the Housing and Home Finance
Agency; to the Committee on Banking and
Currency.

H.R. 828. A bill to authorise the President,
under certain conditions, to control, regiilate,
and allocate the use and distribution of ms-
dlclnal substances for the purpose of pro-
tecting and preserving the health of the
American people; to the Committee cm Bank-
ing and Cvirrency.

H.R. 829. A bill to amend section 801 of tb»
act enUtled "An act to establish a code of law
for the DlsUlct of Columbia," approved
March 3, 1901; to the Committee on the Dis-
trict of Columbia.

HJl. 830. A bill to provide an elected may-
or, city council, school board, and nonvoting
Delegate to the House of Representatives for
the District of Columbia, and tor other piir-
poees; to the Committee on the District of
Columbia.

HJl. 831. A bin to provide an additional
remedy for persons having a claim against
the United SUtes arising out of contracts
relating to certain vessels; to the Committee
on the Judiciary.

HR. 832. A blU to amexMl the Pair Labor
Standards Act of 1938 so as to Increase from
$1 to tl.2S the minimum hoiuly wage pre-
scribed by section e(a)(l) of that act; to
the Committee on Education and Labor.

H.R. 833. A bin to amend the Fair Labor
Standards Act of 1938. as amended; to the
Conunittee on Education and Labor.

H.R. 834. A bni providing eqxial pay for
equal work for women, and for other pur-
poses; to the Committee on Education and
Labor.

H.R. 835. A bill to fortify the antitrust
policy of the United States against concen-
tration of economic power and the use or
abuse of that power to the detriment of the
national economy by preventing mantifac-
turers from financing the sales of their prod-
ucts; to the Committee on the Judiciary.

H.R. 836. A bin to provide for the publica-
tion before entry of decrees. Judgments, and
orders entered by consent upon the merits at
civil antitrust proceedings; to the Committee
on the Judiciary.

HJl. 837. A bill to amend chapter 119 of
tlUe 28, United States Code, to provide that
clergymen shall not be competent to testify
with resp>ect to certain communications; to
the Committee on the Judiciary.

H.R. 838. A bni to amend section 4B of the
Clayton Act; to the Committee on the
Judiciary.

H.R. 839. A bin to amend the CUyton Act
to declare private antitrust stilts to be Im-
pressed with a substantial public Interest; to
the Committee on the Juldlclary.

HJl. 840. A bin to amend section 1846 of
tttie 28, United States Code, to permit suit*

1961

CONGRESSIONAL RECORD — HOUSE

53

against the United States arising out of con-
tracts entered Into by nonappropriated fund
activities of or under departments and
agencies of the United Stotes; to the Com-
mittee on the Judiciary.

HR. 841. A bUl to require the establish-
ment of congressional election dlstrlcU com-
posed of contiguous and compact territories,
and to require that the distrlcU so estab-
lished within any one State shall contain
approximately the same number of In-
habitants; to the Committee on the Judi-
ciary.

HR. 842. A bin to amend tlUe 28 of the
United States Code with respect to the eli-
gibility of members of the bar of the U.8.
Supreme Court to practice brfore all courta
of appeals and district courta of the United
States; to the Committee on the Judiciary.
HJl. 848. A bUl to amend section 1963 of
title 28 of the United States Code to provide
for the registration of that jxjrtion of divorce
decrees providing for the payment of money
or the transfer of property which have been
entared in certahi district courta of the
United States; to the Committee on the
Judiciary.

H.R. 844. A bUl to abolish the death pen-
alty under all laws of the United States ex-
cept the Unifoi.n Code of MlUtary Justice,
and authorize the imposition of life im-
prisonment In lieu thereof; to the Commit-
tee on the Judiciary.

By Mr. TEAOUE of Texas :
HJl. 846. A bUl to amend tlUe 38. United
States Code, to Increase the rate of special
pension payable to certain persons awarded
the Medal of Honor, and for other purposes;
to the Committee on Veterans' Affairs.

H.R. 846. A bin to amend title 88 oi the
United States Code to provide additional
compensation for veterans having the serv-
ice-connected disability of deafness of both
ears; to the Committee on Veterans' Affairs.
HJl. 847. A bin to amend title 38. United
States Code; to the Committee on Veterans'
Affairs.

HJl. 848. A bill to amend section 1602 of
title 88. United States Code, to provide voca-
tional rehabilitation to certain veterans in
need thereof to overcome the handicap of a
dlsabUlty incurred in or aggravated by active
service after World War II and before the
Korean conflict, or after the Korean conflict;
to the Committee on Veterans' Affairs.

HJl. 840. A bUl to amend title 88, United
States Code, to eetabltoh a Court of Veterans'
Appeals and to prescribe Ita Jm-isdictlon and
functions; to the Committee on Veterans'
Affairs.

HJl. 860. A bill to amend title 38, United
States Code, so as to Impose additional re-
quirementa on certain veterans seeking hos-
pitalization or domiciliary care in Veterans*
Administration faciUtlee; to the Committee
on Veterans' Affairs.

HJt. 861. A bUl to amend sections 712 and
716 of title 88, United States Code, to per-
mit waiver of premiums and payment of
total disability Income benefits to veterans
holding national service life Insurance
policies who become totally disabled before
their 66th birthday; to the Committee on
Veterans' Affairs.

H.R. 862. A bUl to amend chapter 3 of
title 38, United States Code, to authorize
the Administrator of Veterans' Affairs to
establish medical advisory panels to resolve
confilcta of evidence In questions Involving
service connection of dlsabUlties or deaths;
to the Committee on Veterans' Affairs.

HJl. 863. A bin to amend title 38, United
States Code, to Insure more adequate medical
care for veterans and for other purposes; to
the Committee on Veterans' Affairs.

H R. 864. A bni to amend title 38, United
States Code, to provide a double-indemnity
feature In national service life Insurance; to
the Committee on Veterans' Affairs.

H.R.866. A bin to amend section 716 of
title 38, United States Code, to permit veter-

ans with service-connected disabilities less
than total who have 86 per $1,000 total dis-
ability Income provisions Included In their
national service life Insurance policies to ob-
tain the new $10 per $1,000 total dlsabUlty
income protection; to the Committee on
Veterans' Affairs.

HJl. 856. A bin to amend section 704 of
title 38, United States Code, to permit the
conversion or exchange of policies of national
service life Insurance to a new modified life
plan; to the Committee on Veterans' Affairs.
H.R. 857. A bill to amend section 4006 of
title 38. United States Code, to provide that
cases appealed to the Board of Veterans' Ap-
peals shall contain a brief statement of the
facts of the case appealed, with a citation and
application of the law, together with the
recommendations of the office appealed from,
and for other purposes; to the Committee
on Veterans' Affairs.

H.R. 858. A bill to amend section 4111 of
title 38. United States Code, with respect to
the salary of managers and directors of pro-
fessional services of Veterans' Administra-
tion hospitals, domlclllaries, and centers; to
the Committee on Veterans' Affairs.

HR. 859. A bin to repeal cliapter 48 of
title 38. United States Code; to the Cooomit-
tee on Veterans' Affairs.

HJl. 860. A bUl to repeal certain obsolete
provisions of title 38. United States Code, re-
lating to unemployment compensation for
Korean, conflict veterans; to the Committee
on Veterans' Affairs.

H.R. 861. A bin to provide that no appU-
catlon shall be required for the payment of
statutory awards for certain conditions
which, prior to August 1, 1952, have been de-
termined by the Veterans' Administration to
be service connected; to the Committee on
Veterans' Affairs.

HJl. 862. A bill to amend section 521 of
title 38. United States Code, to provide that
certain service shaU be creditable for pen-
sion purposes; to the Committee on Veterans'
Affairs.

HJt. 863. A bill to amend section 314(k)
of title 38, United States Code, to provide
an additional compensation to veterans
whose lifespan has been reduced by 6 or more
years by serious service-connected disabili-
ties; to the Committee on Veterans' Affairs.
HJl. 864. A bill to amend chapter 11 of
title 38. United States Code, to provide for
payment to veterans suffering from seriously
disabling service-connected disabilities a
Ivunp-sum settlement as compensation for
the reduction in their expected lifespan at-
tributable to such dlsabUlties; to the Com-
mittee on Veterans' Affairs.

HJl. 866. A bin to amend chapter 11 of
title 38, United States Code, to provide addi-
tional disability oompensaUon for seriously
disabled veterans as partial compensation for
the reduction In their life expectancy because
of their disabilities; to the Committee on
Veterans' Affairs.

HJl. 866. A bill to amend section 4004 of
title 38. United States Code, to require that
the Board of Veterans' Appeals render find-
ings of fact and conclusions of law in the
opinions setting forth Its decisions on ap-
peals; to the Committee on Veterans' Affairs.
HJl. 867. A bUl to amend section 4105 of
title 38. United States Code, to provide that
managers of Veterans' Administration hos-
pitals must meet certain requlremente; to
the Committee on Veterans' Affairs.

H.R. 868. A bUl to amend title 38, United
States Code, to provide that pension for non-
service -connected disability or death, or for
age, shaU not be paid under laws admin-
istered by the Veterans' Administration to
any aUen who is not a resident of the United
States; to the Committee on Veterans' Af-
fairs.

HJl. 869. A bill to amend section 3303 of
title 38. United States Code, to provide that
veterans entitled to pension who are being

maintained In State homes shall receive pen-
sion at the rate of $30 per month; to the
Committee on Veterans' Affairs.

HJl. 870. A bill to amend section 612 of
title 38. United States Code, to provide oat-
patient treatment for veterans of the Indian
wars on the same basis as such treatment is
furnished to veterans of the Spanish -Ameri-
can War; to the Committee on Veterans' Af-
fairs.

H.R. 871. A bill to encourage emplojrment
of veterans with compensable service-con-
nected disabilities through Federal reim-
bursement to any employer, Insxirer, or fund,
of amounts of workman's compensation paid
on account of disability or death arising out
of such employment; to the Committee on
Veterans' Affairs.

By Mr. TEAOUE of Texas (by request) :
HJl. 872. A bUl to amend title 38, United
States Code, to permit for 1 year the grant-
ing of national service life insurance to vet-
erans of service after October 7. 1940: to
the Cconmlttee on Veterans' Affairs.

H.R. 873. A bin to amend section 314(k)
of title 38, United States Code, to provide an
Increased statutory rate of compensation for
veterans suffering the loss or loss of use of
an eye in combination with the loss or loss
of use of a limb; to the Committee on Vet-
erans' Affairs.

H.R. 874. A bin to amend tiUe 88, United
States Code, to permit for 1 year the grant-
ing of national service life insurance to vet-
erans of service after October 7, 1940; to pro-
vide a double Indemnity feature In national
service life Insurance; to extend the total
disability Income and waiver of premiums
features of national service life instu-ance;
and for other purposes; to the Committee on
Veterans' Affairs.

HJl. 875. A bin to amend section 812(4) of
title 88, United States Code, to provide that
multiple sclerosis developing a 10 percent or
more degree of dlsabUlty within 7 years after
separation from active service shall be pre-
siuied to be service connected; to the 0>m-
mittee on Veterans' Affairs.

HJl. 876. A bUl to amend section 312 of
title 38, United States Code, by providing a
2 -year presumptive period of service connec-
tion for the psychoses which develop within
2 years from the date of separation from
active service; to the Committee on Veterans'
Affairs.

H.R. 877. A bUl to amend section 312 of
title 38. United States Code, by providing a
2-year presumptive period of service con-
nection fCH- malignant ttunors (cancer)
which develop within 2 years from the date
of separation from active service; to the
Committee on Veterans' Affairs.

HJl. 878. A bin to amend section 523(b)
chapter 15 of tiUe 38 of the United States
Code to enable certain permanently and to-
tally disabled veterans to receive the fuU
rate of disabUlty compensation found pay-
able for their wartime service-connected dis-
abilities, and also a proportionate amount of
dlsablUty pension under a specified formula;
to the Conunittee on Veterans' Affairs.

HJl. 879. A bUl to increase rates of war-
time disabiUty compensation by amending
section 314 (a) throtigh (J) of title 38.
United States Code; to the Committee on
Veterans' Affairs.

HJl. 880. A bUl to increase rates of war-
time compensation payable for dlsabUlty
statutory awards by amending section 314
(k) through (s) of tiUe 88. United States
Code; to the Committee on Veterans' Affairs.

HJl. 881. A bUl to amend secUons 210(c)
and 365 of title 38, United States Code, to
stabilize and "freeze" as of January 1, 1961.
the "Veterans* Administration Schedule for
Rating DlsabUlties." 1945 edlUon. and the
extensions thereto, and for other purposes;
to the Conunittee on Veterans' Affairs.

HJl. 682. A bin to amend secticm 815 of
title 38, United Stotes Code, to provide addi-
tional compensation for dependenta In cases

pr

54

CONGRESSIONAL RECORD — HOUSE

January S

1961

CONGRESSIONAL RECORD — HOUSE

55

i) '

iat«d by the Veteraos' Administration as not
low than 10 percent; to the Committee on
Veterans' Affairs.

BUR. 883. A bill to amend section 416(b) of
title 38, United States Code, to authorize the
granUng of death oompensatlon to certain
widows and parenU notwithstanding a prior
election to receive dependency and Indemnity
oompensatlon; to the Committee on Veterans'
< Affairs.

HJl. 884. A bill to Increase and equaUze
all rates of wartime disability compensation
and to provide for payment of additional
compensation to veterans with dependents
when rated less than 50 percent in degree on
the same basis as for those rated SO percent
or more In degree; to the Committee on Vet-
erans' Affairs.

B.St. 885. A bill to Increase rates of death
compensation payable under laws adminis-
tered by the Veterans' Administration; to
the Committee on Veterans' Affairs.

HJl. 886. A bill to amend title 38. United
States Code, so as ••: revise the rates of dis-
ability and deat^. pension authorized by the
Velaraas' Pension Act of 1959, and for other
purpoM*: to the Committee on Veterans'
Affairs.

HA. 887. A bill to amend section 812(3)
of title 88. United States Code, to Include
the reinfection type of pulmonary tubercu-
losis In the provision relative to presiunptlve
aenrloe connection for active tuberculosis
disease, to the Committee on Veterans' Af-
fairs.

By Ur. ABKRNETHT:
HJl. 888. A bUl to provide for the Issuance
of a special postage stamp In honor of the
memory of Jefferson Davis; to the Committee
on Poet once and Civil Service.

H.R. 889. A bill to create an Agricultural
Research and Development Conunisslon, to
provide for more effective research programs
designed to expand markets for agricultural
and forestry products, to reduce sxirpruaea.
to Increase farm income, and to benefit con-
sumers, and for other purposes; to the Com-
mittee on Agricultiire.

H.B. 890. A bUl to assist tlie States to pro-
vide addltloiuU facUitlea for research at the
State agrlculttu-al experiment stations; to
the Committee on Agricultural.
By ICr. ANFUSO:
HJl. 891. A bill to amend the Agricultural
Trade Development and Assistance Act of
1954 with respect to the bartering and ex-
change of agricultural commodities for
needed strategic and other materials, and
for other purposes; to the Ccnnmlttee on
Agricultxu-e.

HJl. 893. A bill to provide for the estab-
lishment of a food-stamp plan for the dis-
tribution of $1 billion worth of surplus food
commodities a year to needy persons and
famlliefl in the United States; to the Com-
mittee on Agriculture.
ByMr. AVBRY:
HJl. 893. A bill to extend the conservation
reeerve of the soil bank for 3 years; to the
Committee on Agriculture.
By Sir. BALDWIN:
H.R. 894. A bin to Implement section 4 of
the act approved December 22. 1944 (Public
Law 634, 78th Cong.), as amended; to the
Committee on Public Works.

HJl. 895. A bill to amend section 8e of the
Agricultural Adjustment Act (of 1938), as
amended, and as reenacted and amended by
the Agricultural Marketing Agreement Act
of 1937 as amended, so as to provide for the
extension of the restrictions on Imported
commodities Imposed by such section to
shelled walnuts; to the Committee on Agri-
culture.

HJl. 800. A bill to promote ethical stand-
ards of conduct among Members of Congress
and officers and employees of the United
States, and for other pin-poses; to the Com-
mittee on Post Office and Civil Service.

HJl. 897. A bill to provide travel pay and
eompensatory time off with respect to cer-

tain time in travel statu* for certain dTllUn
officers and employee* of the OoTemment; to
the Committee on Post Office and CItU Serv-
ice.

HJl. 8M. A bill to provide for the de-
termination of the compensation of flre-
flghtlng personnel In accordance with pre-
vailing rates, and for other piuposes; to the
Committee on Poet Office and Civil Service.
HJl. 809. A bill relating to the Central
Valley project, California; to the Committee
on Interior and Insular Affairs.

By Mr. BKKNETT of Florida:
H.B.0O0. A biU to amend section 105 of
the River and Harbor Act of 1968 to require
that value to the national defense be m-
cluded in certain survey reports made by the
Secretary of the Army; to the Committee on
Public Works.

H.B. 001. A bill to provide for the con-
struction on a site in Jacksonville, Fla., of a
hospital for the use of the Public Health
Service; to the Ccmmiittee on Public Works.
HJl. 902. A bill to establish an immediate
program to aid in reducing the public debt
by providing that certain receipts from the
sale of capital assets of the Government
shall be used for such purpose; to the Com-
mittee on Ways and Means.

H.R.903. A bill to require certain safety
devices on motor vehicles sold, shipped, or
used in interstate commerce, and for other
purposes: to the Committee on Interstate
and Foreign Commerce.

HJl. 904. A bill to provide for the estab-
lishment of an effective Federal aid pro-
gram to assist States In the development of
certain outdoor recreational reaoxirces; to
the Committee on Interior and Insular
Affairs.

HH. 905. A bill to amend the Vocational
Rehabilitation Act in order to provide ss-
slstance to tiie States for certain workshops,
rehabilitation facilities, and rehabilitation
evaliiation services; to the Committee on
education and Labor.

By Mr. BENNETT of Michigan:
HB.. 906. A bill to amend the Tariff Act of
1930 to Impose an Import quota on iron ore;
to the Committee on Ways and Means.

H.R.907. A biU to amend the Tariff Act
of 1930 by adding nutshell charcoal and
lignite briquets, to be sold for cooking pur-
poses, to the dutUble list; to the Committee
on Ways and Means.

HJl. 908. A bUl to amend the Tariff Act
of 1930 by transferring wood charcoal from
the free list to the dutiable list; to the Com-
mittee on Ways and Means.

HJl. 009. A bill relating to certain inspec-
tions and in\ estlgations In metallic and non-
metallic mines and quarries (excluding coal
and lignite mines) for the purpose of obtain-
ing information relating to health and safety
conditions, accidents, and occupational dis-
eases therein, and for other purposes; to the
Committee on Education and Labor.
By Mr. BERRY:
HJl. 910. A bill to provide direct aid to
States and territories for educational pur-
poses only; to the Cormnlttee on Ways and
Means.

HJl. 911. A bill relating to the leasing at
certain submarginal lands on Indian reserva-
tions; to the Committee on Interior and In-
sular Affairs.

HJl. 912. A bill to provide an Improved
farm program; to the Committee on Agricul-
ture.

By Mrs. BOLTOW:
H.R. 913. A bill to amend chapter 33 of
title 38. United States Code, to make the
educational baneflts provided for the»eln
available to all veterans whether or not they
serve during a period of war or of armed
hostilities; to the Conunlttee on Foreign
Affairs.

By Mr. BRAY:
HJl. 914. A blU to amend the Social Se-
curity Act to provide that, for the piirpoee
of old-age and survivors insurance benefits.

retirement age shall be reduced from 06 to
60; to the Committee on Ways and Means.
By Mr. B&KEDINO:
HJl. 915. A bill to amend the Sugar Act of
1948 to Increase sugar quotas for domestic
producers: to the Committee on Agriculture.
BJl. 016. A bill to amend the Sugar Act
of 1948 to provide that future Increaees In
sugar quotas will be allocated to domestic
beet sugar producers In a manner which
will assure new growers a fair share of such
increases; to the Committee on Agriculture.
By Mr. BREWSTER :
H.B. 917. A bill to extend certain reduced
third-class postage rates to volunteer or-
ganizations of firemen; to the Committee on
Poet Office and Civil So'Vlce.
By Mr. BROYHILL:
H.R.918. A bill to grant civil service em-
ployees retirement after 30 years' servlee: to
the Committee on Post Office and Civil
Service.

H.B. 919. A bill to revise the effective dates
of certain increases in oompensatlon granted
to employees of the Government Printing
Office, and for other purposes: to the Oom-
mittee on Poet Office and Civil Service.
By Mr. BUCKLEY:
H.B.920. A bill to safeguard the employ-
ment benefits of custodial employees in the
postal field service by providing for the re-
tention of such employees in the Poet Offiee
Department: to the Committee on Poet 000*
and ClvU Service.

By Mr. BURKE of Kentucky :
HJl. 021. A bill to provide annuitiea pay-
able from the civil service retirement and
disability fund in additional cases for cer-
tain widows and widowers by reducing the
required period of marriage from 6 years to
a years; to the Committee on Post Office and
Civil Service.

HA. 022. A bUl to provide that the Secre-
tary of the Army shall acquire additional
land for the Zachary Taylor National Ceme-
tery; to the Committee on Interlar and
Insular Affairs.

By Mr. BYRNE of Pennsylvania:
H.R.023. A bUl to extend the appUcatlon Of
the Classification Act of 1040 to certain posi-
tions In. and employees of. the executive
branch of the Ooveroment; to the Committee
on Post Office and Civil Service.

By Mr. BYRNES of Wisconsin:
H.R. 924. A bill to encourage the preven-
tion of air and water pollution by allowing
the cost of treatment works for the abate-
ment of air and stream pollution to be amor-
tlaed at an accelerated rate for income tax
purposes; to the Committee on Ways and
Means.

H.R. 925. A hill to amend the Internal Ber-
enue Code of 1954 so as to provide that
lawful expenditures for legislative purposes
shall be allowed as deductions from gross in-
come; to the Committee on Ways and Means.
H.R. 926. A bill to extend and expand the
conservation reserve under the Soil Bank
Act: to the Committee on Agriculture.

HJl. 927. A bill to provide for standards to
be prescribed by the Secretary of Agriculture
governing Imported agricultural food prod-
ucts: to the Committee on Agriculture.

H.R. 028. A bin to amend section 445 of the
Veterans' Benefits Act of 1957 to provide an
exclvulon from income for veterans' sur-
vivors eligible for pcn£lons, for amounts paid
by them for debts of the veteran and ex-
penses of his last Illness and burial; to the
Committee on Veterans' Affairs.

H.R. 929. A bill to amend the Internal Rev-
enue Code of 1954 to permit the prepaid dues
Income of certain membership organizations
to be included in gross Income for the tax-
able years to which the dues relate; to the
Conunlttee on Ways and Means.
By Mr. CAHILL:
HR.930. A bill to readjust postal rates,
and for other purposes; to the Committee on
Post Office and Civil Service.

HJt. 931. A bill to provide for the con-
struction of a new Veterans' Administration

hospital In southern New Jersey: to the
Committee on Veterans' Affairs.
By Mrs. CHURCH:

HJl. 982. A bill to amend section 21 of the
Second Liberty Bond Act to provide for the
retirement of the public debt; to the Com-
mittee on Ways and Means.
By Mr. COLLIER:

HJl. 933. A bill to amend the act of August
16. 1960, relating to exclusion from the malls
of obscene articles, and for other purposes;
to the Committee on Poet Office and Civil
Service.

HJl. 984. A bUl to require a study to be
condxicted of the effect of mcreasing the
diversion of water from Lake Michigan mto
the Illinois Waterway for navigation, and fOT
other purposes; to the Conunlttee on Public
Works.

HJl. 935. A bill to amend the Passport Act
of July 8, 1926. to authorize certain restric-
tions and limitations with respect to the
issuance and validity of passports; to the
Committee on Foreign Affairs.

HJl. 936. A bill to amend the Internal
Revenue Code of 1954 to provide for a re-
duction in the manufactxirers' excise taxes
on passenger automobiles and automotive
parts and accessorlet.; to the Committee on
Ways and Means.

HJl. 937. A bill relating to the treatment
of certain advertising, sales promotion, and
similar items in determining price and price
readjustments for purposes of the Federal
manufacturers' excise taxes; to the Commit-
tee on Ways and Means.

H.B. 088. A bill to repeal the excise tax on
communications: to the Committee on Ways
and Means.

HJEl. 030. A bill to allow a deduction for
Income tax purposes of certain expenses In-
cxirred by the taxpayer for the education of a
dependent; to the Committee on Ways and
Means.

HJl. 040. A bill to amend the Internal
Revenue Code of 1054 to provide fimds for
educational purposes by providing increased
incentives for private giving through the
allowance of a tax credit for charitable con-
tributions to institutions of higher educa-
tion; to the Committee on Ways and Means.

HJt. 041. A bill to ameni the Internal
Revenue Code of 1954 to provide for the
exclusion from gross Income of the proceeds
of a scholarship, fellowship grant, or stu-
dent assUtantahlp without regard to
whether it (or any part thereof) represents
payment for services rendered; to the Com-
mittee on Ways and Means.
ByMr.DAOUS:

HJl. 042. A bill to amend the Packers and
Stockyards Act. 1021, to provide that market-
ing agencies shall not be liable for selling
livestock mortgaged imder the Bankhead-
Jones Farm Tenant Act; to the Committee
on Agriculture.

HJl. 043. A bill to provide for the esUb-
llshment of national cemeteries in the State
of Pennsylvania; to the Committee on In-
terior and Insular Affairs.

HJl. 044. A bill to provide an exemption
from participation in the Federal old-age
and survivors insurance program for Individ-
uals who are opposed to participation in such
program on grounds of conscience or reli-
gious belief; to the Committee on Ways and
Means.

By Mr. DBRWIN8KI:

HJl. 946. A bill to require a study to be
conducted of the effect of increasing the
diversion of water from Lake Michigan into
the Illinois Waterway for navigation, and
for other purposes; to the Committee on
Public Works.

By Mr. DOWNING:

H.R. 046. A bill to extend to oyster plant-
ers the benefits of the provisions of the pres-
ent law which provide for production dlsM-
ter loans for f jumers and stockmen; to the
Committee on. Agriculture.

By Mr. FALLON:

HJt. 947. A bill to designate the new lock
on the St. Marys River at Sault Ste. Marie.
Mich., as the John A. Blatnik lock; to the
Committee on Public Works.
ByMr.FASCELL:

HJt. 048. A bill to amend the Internal Rev-
enue Code of 1954 to allow a taxpayer to de-
duct for Income tax purposes certain special
assessments and other charges made against
him or his property under local law without
regard to whether they tend to Increase the
value of such property; to the Committee on
Ways and Means.

H.R. 949. A bill to expand and extend the
saline water conversion program under the
direction of the Secretary of the Interior to
provide for accelerated research, develop-
ment, demonstration, and application of
practlccl means for the economical produc-
tion, from sea or other saline waters, of wa-
ter suitable for agricultural. Industrial, mu-
nicipal, and other beneficial consumptive
uses, and tor other purposes; to the Commit-
tee on Interior and Insular Affairs.
By Mr. FORD:

HJt. 950. A bill to amend the Civil Service
Retirement Act to authorize annuities tor
survivors of employees who die after com-
pleting at least 5 years of civilian and mili-
tary service, and for other purposes; to the
Committee on Post Office and Civil Service.
By Mr. FRKLINOHUYSEN :

HJt. 961. A bill to assist institutions of
higher education to market and retire bonds
ipued by them to finance the construction of
college facilities; to the Committee on Edu-
cation and Labor.

By Mr. FRIEDEL:

HJt. 952. A bill to amend section 6 of the
act of July 16, 1914, relating to penalties for
the use of Government-owned vehicles tot
other than official purposes; to the Ccnunlt-
tee on Government Operations.
By Mr. GILBERT:

HJl. 953. A bill to provide an allowance
for work clothing for certain postal field
service employees; to the Committee on Post
Office and Civil Service.
By Mr. GLCNN:

H.R. 964. A bill to provide for the procure-
ment and installation of mechanism for re-
cording and counting votes In the House of
RejN-esentatlves; to the Committee on House
Administration.

H.R. 965. A bUl to provide for stabUization
and orderly marketing In the poultry indus-
try; to the Committee on Agrictilture.

HJt. 956. A Mil to repeal section 1606 of
the Social Security Act so that In deter-
mining eligibility of Federal employees for
unemployment compensation their accrued
annual leave shall be treated In accordance
with State laws, and for other purposes; to
the Committee on Ways and Means.

HJl. 957. A bill to amend the Internal
Revenue Code of 1064 to provide that special
equipment for disabled Individuals shall not
be subject to the tax on automobile parts and
accessories; to the Conunlttee on Ways and
MeaiM.

HJl. 058. A bill to protect the right of the
blind to self-expression through organiza-
tions of the blind; to the Committee on Edu-
cation and Laixv.

H.R. 050. A bill to facilitate administra-
tion of the act authorizing cooperative re-
search In education: to the Committee on
Education and Labor.

By Mrs. GREEN of Oregon:

HJt. 060. A bill to amend the Employment
Act of 1046 to establish policies with respect
to productive capital Investments of the Gov-
ernment; to the Conunlttee on Govei-nment
Operations.

Hit. 061. A bill to amend the Agricultural
Act of 1056 to provide donations of suzplus
food commodities to State penal InstltuttoDs;
to the Committee on Agriculture.

By Mrs. GRIFFITHS:

Hit. 062. A bill to create a Department
of Urbiui Affairs, and for other piirposes; to
the Conunlttee on Oovenunent Operations.
By Mr. GUBSER:

HJt. 068. A bill to provide for a study of

the advlsabUity of establishing the West

Coast Skyline National Parkway; to the

Committee on Interlar and Insular Affairs.

By Mr. HALPERN:

HJt. 064. A bUl to establish the Depart-
ment of Urban Affairs and prescribe its
fxinctions; to the Committee on Govern-
ment Operations.

By Mr. HARRIS:

HJt. 065. A biU to expedite the utiliza-
tion of television transmission facilities io
our public schools and colleges and in adidt
training programs; to the Committee on In-
terstate and Foreign Commerce.
By Mr. HEALEY:

H.R. 066. A bill to permit the absence from
duty for a minimum period of 2 hours of
certain Federal employees for the purpose
of voting in person in certain elections, and
for other purposes; to the Committee on
Poet Office and Civil Service.
By Mr. HIBSTAND:

Hit. 967. A bill relating to the interest
rates on loans made by the Treasury to the
Department of Agricultvuv to carry out the
programs authorized by the Rural Electrifi-
cation Act of 1936; to the Committee on
Agriculture.

HJt. 968. A bill to amend the Rural Elec-
trification Act of 1936 so as to change the
interest rate applicable to loans and to pro-
vide for the payment by borrowers of a fee
to assist in paying the administrative costs
incident to loans; to the Committee on Agri-
culture.

H.R. 960. A bill relating to the premiums
to be charged for insurance issued by the
Federal Crop Insurance Corporation; to the
Conunlttee on Agrlcult\u«.

Hit. 970. A bill to terminate acreage con-
trols and price supports on basic agricul-
tural commodities; to the Committee on
Agriculture.

HJl. 971. A bUI to limit the slae of pay-
ments to farmers; to the Committee on
Agriculture.

H.R. 972. A bill to establish a Central Se-
curity Office to coordinate the administration
of Federal personnel loyalty and security
programs, to prescribe administrative pro-
cedure for the hearing and review of cases
arising under such programs, and for other
purposes: to the Committee on Post Office
and Civil Service.

ByMr. HOraiER:

H.R.973. A bill to provide standards for
the issuance of pasqjorts, and for other pur-
poses; to the Conunlttee on Foreign Attain.

H.B. 974. A bill to repeal the dual employ-
ment statute and amend the dual compen-
sation statute, and for other purposes: to
the Committee on Post Office and Civil
Service.

Hit. 975. A bill prohibiting Uthograi^ing
or engraving on envelopes sold by the Post
Office Department, and for other purposes:
to the Committee on Post Office and Civil
Service.

By Mr. HUDDLX8TON:

HJl. 076. A biU to amend the Interstate
Ooounerce Act, as amended: to the Conunlt-
tee on Interstate and Foreign Commerce.

HJt. 977. A bill to establish a Medical Ad-
visory Committee on Alcoholism in the De-
partment of Health, Education, and Welfare;
to the Committee on Interstate and Foreign
commerce.

H.R. 978. A bill to amend the Federal Em-
ployees' Group Life Inswanee Act of 1054
to authorise the c^tional purchase of addi-
tional amounts of group life and accidental
death and dlsmMnberment insurance by in-
dividual employees In certain cases; to the
committee on Poet Offiee and Civil Service.

56

CONGRESSIONAL RECORD — HOUSE

Janrmry S

By Mr. JKNSKM :
TtSt.9T9. A bUl to provld« free m«mng
piivUeges for physically handicapped per-
sons; to the Committee on Poet Office and

Civil Service.

By Mr. JOHNSON of California :
H Jl. 980. A bill to authorize the Secretary
of the Interior to oonBtruct, operate, and
maintain the Aubum-Folsom South unit,
American River dlvlalon. Central Valley proj-
ect, California, under Federal reclamation
laws; to the Committee on Interior and
Insular Affairs.

HJl. 981. A bill to authorize private trana-
acUona involving the sale, acquisition. <>r
holding of gold within the United States. Its
territories and possessions, and for other
purposes; to the Committee on Banking and
Currency.

By Mr. JONES of Missouri:
HJl. 982. A biU to amend section 8(b) of
the Soil Conservation and Domestic Allot-
ment Act, as amended, to provide for ad-
ministration of farm programs by democrati-
cally elected farmer committeemen; to the
Committee on Agriculture.
By Mr. JUDD:
HJl. 983. A bill to amend the Internal Rev-
enue Code of 1954 to provide that an Individ-
ual may deduct amounts paid for tuition,
fees, and books to certain public and private
institutions of higher education for his edu-
cation or the education of his spouse or any
of his dependents; to the Committee on
Ways and Means.

HJl. 984. A bUl to amend title n of the
Social Security Act to provide that the child
ot an Insiired Individual, after attaining age
18, may receive child's Insurance benefits
until he attains age 21 If he Is a student
attending school; to the Committee on Ways
and Means.

H.R. 985. A bin to amend title II of the
Social Seciuity Act to provide benefits there-
under for certain foster children and others
with respect to whom an Insiu-ed Individual
stands In loco parentis; to the Committee on
Ways and Means.

HJl. 988. A blU to amend the Mutual
Seciu-lty Act of 1954, as amended; to the
Committee on Foreign Affairs.
ByMr.KSARNS:
HJl. 987. A bill to readjust postal rates,
and for other pturpoees; to the Committee on
Post Office and Civil Service.

Hil. 988. A bin to amend the National
Cultural Center Act. as amended, to enlarge
the site within which the National Cultural
Center may be built; to the Committee on

Public Works.

By Mr. KEITH:
HJl. 989. A bill to provide for the estab-
liahment of Cape Cod National Seashore
Park; to the Committee on Interior and In-
s\ilar Affairs.

By Mr. KEOGH:
HJl. 990. A bill to establish the seniority
status of employees In the field postal serv-
ice; to the Committee on Post CMlce and
Civil Service.

H.R. 991.A bill granting leave of absence
to postal employees on account of death in
family; to the Committee on Post Office and
Civil Service.

H.R. 992. A bill to amend the Civil Service
Retirement Act of May 29, 1930, as amended;
to the Committee on Post Office and Civil
Service.

H.R. 993. A bin to provide study periods
for post office clerks and terminal and trans-
fer clerks: to the Committee on Post Office
and Civil Service.

By Mr. LAIRD:
H.R. 994. A bill to raise the price of manu-
facturing milk for the marketing year end-
ing ^i'^rft\ 31, 1962, and thereafter, by pro-
viding for an Improved method ot computing
parity prices for manufacturing milk; to the
Cc»nmltte« on Agriculture.

By Mr. LANE:
HJt.09S. A bUl to recognize the Italian
American War Veterans of the United States,
Inc., a national nonprofit, nonpolltical war
veterans' organization, for the ptu-poees of
bestowing upon it certain benefits, rights,
privileges, and prerogatives; to the Commit-
tee on Veterans' Affairs.
ByMr.LKSINSKI:
HJl. 990. A bill to establish an agricultural
program which Imposes limitations on agri-
cultural production directly rather than In-
directly through acreage controls; to the
Committee on Agriculture.

HJl. 997. A bill to amend section 6 of the
act of Aug\i8t 24, 1912. as amended, with re-
spect to the recognition of organizations of
postal and Federal employees; to the Com-
mittee on Poet Office and Civil Service.

HJl. 998. A bill to amend section 9(a) of
the Civil Service Retirement Act, relating to
computation of annuities; to the Commit-
tee on Post Office and Civil Service.

H.R. 999. A bill to amend the Civil Service
Retirement Act, as amended, to provide that
accumulated sick leave be credited to retire-
ment fund: to the Committee on Poet Office
and Civil Service.

H.R. 1000'. A bin to amend the Postal Field
Service Compensation Act of 1966 with re-
spect to the position descriptions and salary
levels of mail handlers, and for other pur-
poses; to the Committee on Post Office and
ClvU Service.

H.R. 1001. A bin to provide for the re-
elassUleatlon of certain distribution clerks
at airport mall faelUtles, and for other pur-
poses; to the Committee on Post Office and
CivU Service.

HJl. 1002. A bUl to amend section 402 of
the Federal Employees Uniform AUowance
Act. approved September 1. 1964 (title IV,
PubUc Law 768, 83d Cong.), as amended; to
the Commltte* <» Post Office and Civil

HJl. 1003. A bin to amend section 403 of
the Federal Employees Uniform Allowance
Act, approved September 1. 1964 (title IV,
Public Law 763, 83d Cong), as amended: to
the Committee on Poet Office and CivU
Service.

HJl. 1004. A bin to grant longevity pay
step liKreaaes to Federal employees on an
equal basis upcMi the completion by them at
10, 13. and 16 years of service, respectively:
to the Committee on Post Office and CivU
Service.

H.R. 1006. A bin to amend the ClvU Serv-
ice Retirement Act as amended, to provide
annuities for additional personnel engaged
in hazardous occupations; to the Committee
on Post Office and ClvU Service.

H.R. 1006. A bin to amend the ClvU Serv-
ice Retirement Act to eliminate the reduc-
tion In annuity elected for a spouse when
such spouse predeceases the person making
the election: to the Committee on Post Office
and ClvU Service.

HJl. 1007. A bin to modernize certain pro-
visions of the ClvU Service Retirement Act
relating to Immediate retirement; to the
Committee on Post Office and CivU Service.

H.R. 1008. A bUl to make permanent cer-
tain Increases In annuities payable from the
civil service retirement and dlsabUity fund;
to the Committee on Post Office and ClvU
Service.

HJl. 1009. A bUl to strengthen the Vet-
erans' Preference Act of 1944, as amended:
to the Conuuittee on Post Office and Civil
Service.

H.R. 1010. A blU to amend the Claaslflca-
tlon Act of 1949, as amended, to provide a
formula for guaranteeing a minimum in-
crease when an employee Is promoted from
one grade to another; to the Committee on
Post Office and ClvU Service.

HJl. 1011. A bill to amend the Annual and
Sick Leave Act of 1961. to Increase th« an-

nual and sick leave which may be earned and
accumulated by officers and employees of the
Federal Government: to the Committee on
Post Office and ClvU Service.

HJl. 1012. A bill to amend the Mutual
Security Act of 1964 to encourage the estab-
lishment of free democratic governments in
the nations of central and eastern Europe
which are presently under Soviet domination
and control; to the Committee on Foreign
Affairs.

By Mr. LIBONATI:
HH. 1013. A bin to promote the foreign
policy of the United States and help to buUd
eesentlal world conditions of peace by the
more effective use of U.S. agricultural com-
modities for the relief of human hunger and
for promoting economic and social develop-
ment In less developed countries through
the United Nations or Its appropriate
agencies; to the Committee on Agrleultur*.
By Mr. LIPSCOMB:
HJL 1014. A bUl to provide for the presen-
tation by the United States to the people of
Mexico of a nx>nument conunemcHrating the
160th anniversary of the Independence of
Mexico: to the Oonomlttee on Foreign Affairs.
By Mr. MAOHROWICZ:
HJl. 1018. A bin to provide for the convey-
ance of certain lands of the United States
to the board of education of the school dis-
trict of the city of Hamtramck. Mich.; to the
Committee on Gk)vernment Operations.

HJl. lOie. A bUl to offset decUnlng employ-
ment by providing for Federal aasUtance to
States and local governments in projects of
construction, alteration, expansion, or re-
pair of public faculties and Improvsaasata;
to the Committee on Public Worka.
By Mr. MATTHEWS:
HJL 1017. A blU to provide for a Vetarans'
Administration hospital at Oalnesrllla, Fla.;
to the Ootnmlttee on Veterans' Affalxs.

H.R. 1018. A bin to amend title 11 ot Utm
Social Security Act to Increase the amount
of outside earnings permitted each year with-
out deductions from benefits thereunder; to
the Committee on Ways and Means.

H.R. 1019. A bin to amend section 21 o< the
Second Liberty Bond Act to provide for til*
rwtlremeat of the pubUe debt; to Um Oom-
mlttae on Ways and Means.

H R. 1020. A bin to increase from 9600 to
9700 the personal inoom* tax exemptions of
a taxpayer (Including the exemption for a
spouse, the exemption for a dependent, and
the additional exemptions for old age and
blindness); to the Committee on Way* and
Means.

H.R. 1021. A bUl to extend for 3 yaars the
definition of "peanuts" which la now in
effect under the Agricultural Ad}ustm«nt
Act of 19S8; to the Committee on Agricul-
ture.

H.R. 1023. A bill to amend the Agrleul-
txiral Adjustment Act of 1938 to provide for
lease and transfer of tobaooo acreage allot-
ments; to the Committee on Agriculture.

H.R. 1033. A bill to establish a program of
survival food depots in order to provide sub-
sistence for the large numbers of the civilian
population of the United States who would
be evacuated from the devastated areas in
the event of attack on the United States; to
the Committee on Agriculture.

H.R. 1024. A bUl to provide Increases to
compensation for food service workers and
laundry workers under the Veterans' Admin-
istration; to the Committee on Post Office
and ClvU Service.

By Mr. McDONOUOH:
HJl. 1028. A bill to provide for the presen-
tation by the United States to the people of
Mexico of a monument commemoratliig the
160th anniversary of the independence of
Mexico, and for other purposes; to the
Committee atx Foreign Affairs.

HJl. 1038. A bUl to provide for the astab-
llahment of a U.S. Foreign fierrlee Academy;
to the Committee on Foreign ASalra.

f^

CONGRESSIONAL RECORD — HOUSE

January S

1961

CONGRESSIONAL RECORD - HOUSE

57

By Mr. McFALL:

HJl. 1027. A blU relating to the Central
Valley project. CaUfomla; to the Committee
on Interior and Insular Affairs.
ByMr. MONAQAN:

H.R. 1038. A bUl to provide for adjusting
conditions of competition between certain
domestic industries and foreign industries
with respect to the level of wages and the
working conditions in the production of ar-
ticles imported Into the United States: to
the Committee on Ways and Means.

HJl. 1020. A bin to amend the Veterans'
Benefits Act of 1967 to provide a 3-year pre-
sumption of service connection for active
tuberculous disease cases In peacetime; to
the Conunlttee on Veterans' Affairs.
By Mr. MORGAN:

H.R. 1080. A bUl to amend the Federal
Coal Mine Safety Act so as to provide fur-
ther for the prevention of accidents In coed
mines; to the Committee on Education and
Labor.

H.R. 1031. A bUl to establish quota Umlta-
tlons on Imports of foreign residual fuel oU;
to the Committee on Ways and Means.

HJl. 1032. A bin to require the Secretary
of the Army to confine within a conduit a
portion of Dunlap Creek In BrownsvUle. Pa.;
to the Conunlttee on Public Works.
By Mr. MULTER:

HJl. 1033. A bUl to amend the act of Sep-
tember 1. 1964. in order to limit to cases in-
volving the national security the prohibition
on payment of annuities and retired pay to
officers and employees of the United States,
to clarify the application and operation of
such act. and for other purposes; to the
Committee on Post Office and Civil Service.

H.R. 1034. A bUl to amend tlUe 18. Crimi-
nal Code, to declare certain papers, pam-
phlets, books, pictures, and writings non-
maUable, to provide a penalty for mailing
same, and for other purposes; to the Com-
mittee on Poet Office and Civil Service.

HJl. 1035. A bin to provide for the grading
of meat and for informing the ultimate user
of such grade; to the Conunlttee on Agri-
cultiu-e.

H.R. 1036. A bin to encourage and promote
the establishment of an Inter-American
Court of Justice; to the Committee on For-
eign Affairs.

H.R. 1037. A bin to amend the Mutual
Security Act of 1954 to provide for the estab-
lishment and support ot a Western Hemi-
sphere police force; to the Committee on
Foreign Affairs.

HJl. 1038. A bill to create and prescribe
the functions of a National Peace Agency;
to the Committee on Foreign Affairs.

HJl. 1089. A bin to amend the ClvU Serv-
ice Retirement Act to authorize the retire-
ment of employees after 80 years of service
without reduction in annuity: to the Com-
mittee on Poet Office and Civil Service.

H.R. 1040. A bill to provide that the Joint
Committee on Defense Production shall de-
velop a program of economic controls to sta-
bilize the economy and safeguard the na-
tional defense In time of emergency: to the
ComnUttee on Banking and Currency.

HJl. 1041. A bUl to establish an emer-
gency program of grants to accelerate the
construction of State and local public works,
and for other piu-poses; to the Committee on
Banking and Currency.

HJl. 1042. A bin to repeal Public Law No.
700 of the 83d Congress, entitled "An act to
prohibit pcyment of annuities to officers and
employeee of the United States convicted of
certain offenses, and for other purposes"; to
the Committee on Post Office and CivU Serv-
ice.

HJl. 1043. A bin to amend the Federal
Reserve Act to require U.S. obligations to be
sold at not less than par value, and for
other ptirposes; to the Committee on Bank-
ing and Currency.

HJl. 1044. A bin to amend the Bank Hold-
ing Company Act to prohibit the ai>proval
by the Federal Reserve Board of banl: hold-
ing company operations unauthorised by
State law or disapproved by State author-
ities: to the Conmilttee on Banking and Cur-
rency.

HJl. 1045. A bUl to amend section 9 of
the Federal Reserve Act, as amended, section
18(d) of the Federal Deposit Insurance Act.
and section 6166 of the Revised Statutes, as
amended: to the Conunlttee on Banking and
Currency.

HJl. 1046. A bUl to amend the Federal
Reserve Act to provide for the retirement of
Federal Reserve bank stock and the substi-
tution of Interest-bearing deposits In lieu
thereof; to the Committee on Banking and
Currency.

H.R. 1047. A bin to amend section 402(a)
of the National Housing Act to change the
name of the Federal Savings and Loan Insur-
ance Corporation; to the Committee on
Banking and Currency.

HJl. 1048. A bin to amend the Cl:isslfica-
tlon Act of 1949, as an[iended, so as to author-
ize longevity step-increases for officers and
employees In grades above grade 15 of the
general schedule; to the Committee on Post
Office and ClvU Service.

HJl. 1049. A bin to amend section 5210
of the Revised Statutes to provide that lists
of the shareholders of national banks shaU
be available for inspection by committees of
Congress, and for other purposes: to the
Committee on Banking and Currency.

HJl. 1050. A bin to authorize the regu-
lation of the soUcltatlon of proxies in re-
spect of securities Issued by certain banks,
and for other purposes; to the Coouulttee
on Banking and Ciurency.

H.R. 1051. A bill to amend section 6 of the
Federal Deposit Insurance Act to provide for
the holding of public hearings In connection
with the Issuance of certain certiflc-ites and
the making of certain findings and deter-
minations and for other purposes; to the
Committee on Banking and Currency.

HJl. 1052. A bUl to amend the ClvU Serv-
ice Retirement Act to increase to 2»4 per-
cent the multiplication factor for determin-
ing annuities for certain Federal employees
engaged in bazardo\is duties; to the Com-
mittee on Post Office and Civil Service.

HJl. 1063. A bUl to provide free postage for
first-class letter mail matter sent by or to
members of the Armed Forces of the United
States; to the Committee on Post Office and
ClvU Service.

HJl. 1064. A bUl to provide for the issu-
ance of a special postage stamp In honor of
Col. David (Mickey) Marcus: to the Com-
mittee on Post Office and Civil Service.

HJl. 1055. A bin to provide that certain
Government ofllcers and employees shaU be
exctised from duty for a sufficient period of
time to vote in elections: to the Committee
on Post Office and ClvU Service.

HJl. 1056. A bUl to Increase annuities pay-
able to certain anntiltants from the dvll
service retirement and disability fund, and
for other purposes: to the Committee on
Post Office and Civil Service.

HJl. 1057. A bin to check the growth of
unemployment by providing for Federal as-
sistance to States and local governments for
the construction of needed public works and
public Improvements; to the Committee on
Public Works.

ByMr. NATCHER:

HJl. 1068. A bin to amend the ClvU Serv-
ice Retirement Act to provide for the inclu-
sion In the computation of accredited service
of certain periods of service rendered States
or instrumentalities of States, and for other
purposes; to the Committee on Post Office
and ClvU Service.

HJl. 1059. A bin to extend certain benefits
to persons who served in the Armed Forces

of the United States in Mexico or on its
borders during the period beginning May 9,
1916, and ending AprU 6, 1917, and for other
purposes; to the Committee on Veterans'
Affairs.

HJl. 1060. A bUl to provide for Federal
participation and cooperation with States
and local interests in developing water sup-
plies In connection with the construction,
maintenance, and operation of Federal navi-
gation, fiood control, or multiple-p\irpoee
projects: to the Conunlttee on Public Works.

HJl. 1061. A bin to provide for a more
comprehensive development and utilization
of natural water resources in plans and con-
struction of reservoir projects; to the Com-
mittee on Public Works.

HJl. 1062. A bin to extend veteran benefits
to persons serving in the Armed Forces be-
tween November 12, 1918, and July 2. 1921;
to the Committee on Veterans' Affairs.
ByMr. NEliSEN:

H.R. 1063. A biU to establish an improved
farm program: to the Committee on Agri-
culture.

ByMr.PELLT:

HJl. 1064. A bUl to amend the Annual Sick
Leave Act of 1961 to prevent loss of annual
leave by employees in certain cases, and for
other purposes; to the Conunlttee on Post
Office and ClvU Service.

H.R. 1066. A bin to amend section 6(c) of
the Civil Service Retirement Act with respect
to the retirement of employees engaged In
the Investigation, apprehension, or detention
of perEons suspected or convicted of viola-
tions of the crhnlnal laws of the United
States; to the Conunlttee on Poet Office and
Civil Service.

By Mr. PERKINS:

H.R. 1066. A bUl to authorize Federal fi-
nancial assistance for school construction
and teachers' salaries; to the Conunlttee on
Education and Labor.

H.R. 1007. A bin to establish an effective
I»-ogram to aUevlate conditions of substan-
tial and persistent unemployment and under-
employment in certain economically de-
pressed areas; to the Committee on Banking
and Currency.

By Mr. POFF:

H.R. 1068. A bUl to amend the Railroad
Retirement Act of 1937, as amended; to the
Committee on Interstate and Foreign Com-
merce.

HJl. 1069. A bin to reduce the spouse bene-
fit age under the Rallroful Retirement Act to
62; to the Conunlttee on Interstate and For-
eign Commerce.

By Mr. PUCIN8KI:

HJl. 1070. A bill to provide fco- adjiistlng
conditions of competition between certain
domestic industries and foreign Industries
vflth respect to the level of wages and the
wcM-klng conditions In the production of
articles Imported Into the United States; to
the Committee on Ways and Means.

HJl. 1071. A bin to authorise the Issuance
of savings bonus bonds, and for other pur-
poses; to the Committee on Ways and Means.

HJl. 1072. A bUl to amend the National
Labor Relations Act to make It an unfair
labor practice for an employer or a labor
organization to discriminate unjustifiably
on account of age; to the Committee on Edu-
cation and Labor.

HJl. 1078. A bin to amend the Internal
Revenue Code of 1964 to provide that scholar-
ships received by a student shall not be taken
into accotxnt (regardless of such student's
relationship to the taxpayer) In determining
whether he is the taxpayer's dependent for
Income tax purposes; to the Conunlttee on
Ways and Means.

By Mr. OSMEEtS:

H.R. 1074. A bill to amend the Labor
Management Relations Act. 1947, as amend-
ed; to the Committee on ■ducatlon and
lAhot.

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s

58

CONGRESSIONAL RECORD — HOUSE

January 3

By Ux. QUIZ:
HJl. 1075. A blU to establish an Improved
farm program; to the Committee on Agricul-
ture.

By Mr. ROBISON:
HJl. 1076. A bill to amend section 114 of
the Federal-Aid Highway Act of 1966 to state
the policy of Congress with respect to relm-
bvirsement for certain highways on the Inter-
state System; to the Committee on Public
Works.

HJR. 1077. A bill to repeal the laws impos-
ing Federal control on agricultiire; to the
Committee on Agriculture.

H.R. 1078. A bUl to amend section (9) (a)
of the Trading With the Enemy Act, as
amended; to the Committee on Interstate
and Foreign Commerce.
By Mr. BODINO:
HJl. 1079. A bill to provide for the estab-
lishment of a U.S. Foreign Service Academy;
to the Committee on Foreign Affairs.
By Mr. ROOERS of Florida:
H.II. 1080. A bill to amend section 21 of
the Second Liberty Bond Act to provide for
the retirement of the public debt; to the
Conunlttee on Ways and Means.
By Mr. RUTHERFORD:
H.R. 1081. A bill to provide for the acquisi-
tion of sites and the construction of build-
ings for the training school and other
facilities for the Immigration and Naturaliza-
tion Service, and for other purposes; to the
Committee on Public Worits.
By Mr. SAUND:
HJl. 1082. A bill to amend section 102 of
the Agricultural Act of 1949 to extend for
1 year the options presently available to
cotton farmers under that section; to the
Conunlttee on Agriculture.
By Mr. BAYLOR:
HJl. loes. A bUI to establish an effective
Federal-State program to aid In alleviating
conditions of substantial and persistent un-
employment in certain economically de-
pressed areas; to the Committee on Banking
and Currency.

H.R. 1084. A bill to establish an effective
program to alleviate conditions of substantial
and persistent unemployment and underem-
ployment in certain econonUcally depressed
areas; to the Committee on Banking and
Currency.

By Mr. SELDEN :
HJl. 1086. A bill to provide increases in
compensation for food service workers and
laundry workers under the Veterans' Ad-
ministration; to the Committee on Post
Office and Civil Service.

HJl. 1086. A bill to provide standards for
the issuance of passports, and for other pur-
poses; to the Committee on Foreign Affairs.
By Mr. STRATTON:
HJl. 1087. A bill to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremployment In certain economically de-
pressed areas; to the Committee on Banking
and Currency.

H.R. 1088. A bill to amend section 208 of
the Federal Property and Administrative
Services Act of 1949. to provide that priority
shall be given in sales of siu-plus property
to persons planning to utilize such property
in areas of substantial labor surplus In such
ways as to Increase employment in such
areas; to the Committee on Government
Operations.

HJl. 1089. A bUl to authorize the establish-
ment of a Touth Conservation Corps to pro-
vide healthful outdoor training and employ-
ment for young men and to advance the
conservation, development, and management
of national resources of timber, soil, and
range, and of recreational areas; to the Com-
mittee on Education and Labor.

H.R. 1090. A bill to amend the Internal
Revenue Code of 1954 to provide an amortiza-
tion deduction for certain facilities In areas
of substantial unemployment; to the Com-
mittee on Ways and Means.

H.R. 1091. A bill to amend the act of June
22, 1936, relative to flood control, and for
other purposes; to the Committee on Public
Works.

By Mrs. SULLIVAN:
H.R. 1092. A bill to amend section 2<a) of
the Commodity Exchange Act, as amended,
to provide for the regulation of futures trad-
ing in coffee; to the Committee on Agricul-
ture.

By Mr. TEAGUE of California:
H.R. 1093. A bin to repeal the excise tax
on amounts paid for communication serv-
ices or facilities: to the Committee on Ways
and Means.

HJl. 1094. A bill to amend the Tariff Act
of 1930 to provide for free importation of
wild animals and wild birds which are in-
tended for exhibition in the United States;
to the Committee on Ways and Means.
By Mr. THOMPSON of Louisiana :
H.B. 1096. A bin to amend the act of De-
cember 22, 1928. relating to the issuance of
patents to tracts of public land held under
color of title, to provide that patents may
be Issued under such act without reserva-
tion of minerals, and for other purposes; to
the Committee on Interior and Insular Af-
fairs.

H.R. 1096. A bill to amend the Federal
Water Pollution Control Act to expand re-
search, extend State and interstate water
pollution control program grants, and
strengthen enforcement procedures, and for
other piirposes; to the Committee on Pub-
lic Works.

H.R. 1097. A bill to amend the Annual and
Sick Leave Act of 1951 to provide additional
opportunity to employees to use their annual
leave in certain cases, and for other pur-
poses; to the Committee on Post Office and
Civil Service.

By Mr. THOMSON of Wisconsin :
HJl. 1098. A bill to amend section 901 of
title 88, United States Code, to provide that
a flag shall be furnished to drape the casket
of each deceased veterans of Mexican border
service; to the Committee on Veterans' Af-
fairs.

HJl. 1009. A bill to provide for a national
self-help dairy stabilization program and to
provide for an adequate balanced and orderly
flow of milk and dairy products In inter-
state and foreign conunerce, and for other
purposes; to the Committee on Agriculture.
ByMr. UDALL:
HJl. 1100. A bill to amend tiUe 13 of the
United States Code to provide that a census
of population, unemplo][ment, and housing
shall be taken In the year 1960 and every
fifth year thereafter, and for other purposes;
to the Committee on Post Office and Civil
Service.

HJl. 1101. A bUI to authorize the establish-
ment of the Hubbell Trading Post National
Historic Site, in the State of Arizona, and for
other purposes; to the Conmiittee on Interior
and Insular Affairs.

H.R. 1102. A bill to authorize the transfer
of a Bureau of Reclamation bridge across the
Colorado River near Needles, Calif., and
Mohave County, Ariz.; to the Committee on
Interior and Insular Affairs.

HJl.1103. A bill to provide that certoln
real property of the United States shall be
made a part of the Saguaro National Monu-
ment; to the Committee on Interior and In-
sular Affairs.

HJl. 1104. A bin to authorize the establish-
ment of the Fort Bowie National Historic Site
in the State of Arizona, and for other piur-
poses; to the Committee on Interior and In-
sular Affairs.

By Mr. ULLMAN:
HJl. 1106. A bill to amend the Agricultural
Act of 1956 to provide donations of surplus
food commodities to State penal institutions;
to the Committee on Agriculture.

HJl. 1106. A bill to amend certain sections
of the Agricultural Adjustment Act (of 1933) .
as amended, and as reenacted and amended

by the Agricultm^ Marketing Agr«ement
Act of 1937, as amended, so as to extend the
applicability and coverage of marketing
agreements and orders; to the Committee on
Agrlcultiue.

By Mr. VAN PKLT:
HJl. 1107. A biU to amend the Internal
Revenue Code of 1964 to allow Income tax
deductions for certain payments to aaalst in
providing higher education; to the Commit-
tee on Ways and Means.

H.R. 1108. A bill to amend title HI of the
act of March 3. 1933, commonly referred to
as the Buy American Act, so as to provide
that, to the maximum extent practicable, the
procurement of articles, materials, and sup-
plies by the Federal Government shall be
limited to articles, materials, and supplies
domestically produced or manufactured; to
the Committee on Public Works.
By Mr. WALLHAUSER:
HJl. 1109. A bill to amend title 11 of tb«
Social Security Act to increase the amount
of outside earnings permitted from 91,200 to
$1,800 yearly without deductions from bene-
fits thereunder; to the Committee on Ways
and Means.

HJl. 1110. A bin to provide for the estab-
lishment of a Commission on the n.S.
Science Academy: to the Conunlttee on
Science and Astronautics.
By Mr. YOUNGER:
HJl. 1111. A bin to amend the C«echo-
slovakian claims fund law; to the Committee
on Foreign Affairs.

H R. 1112. A bin to create a VS. Academy
of Foreign Service; to the Committee on
Foreign Affairs.

H.R. 1113. A bUl relating to life insurance
taken out to cover estimated liability for the
Federal estate tax; to the Committee on
Ways and Means.

H.R. 1114. A biU to amend section 4 of
the Federal Home Loan Bank Act; to the
Committee on Banking and Currency.

H.R. 1116. A bUl to provide for the adjust-
ment of the basic salaries of postal field
service employees on a regional basis in ac-
cordance with prevailing wage rates; to the
Committee on Post Ofllce and Civil Service.
HR. 1116. A bill to limit the size of pay-
ments to farmers; to the Committee on
Agriculture.

HR. 1117. A bill to amend the War Claims
Act of 1948. as amended, to provide oompen-
satlon for certain World War n losses; to
the Committee on Interstate and Foreign
Commerce.

H.R. 1118. A bni to provide for the assess-
ment imd collection of fees to cover the cost
of operation of certain regulatory agencies;
to the Committee on Interstate and Foreign
Commerce^

H.R. 1119. A bin to provide for an open air
assembly area In the Golden Gate National
Cemetery, San Bruno, Calif.; to the Commit-
tee on Interior and Insular Affairs.

HR. 1120. A bUl to amend the Federal
Aviation Act of 1958. so as to add thereto
provisions with respect to through bills of
lading and liability for loss, damage, or in-
Jury to property; to the Committee on Inter-
state and Foreign Commerce.

HJl. 1121. A bUl to amend the RaUway
Labor Act to classify yardmasters with train-
and yard-service employees for the purpose
of that act; to the Committee on Interstate
and Foreign Commerce.

HJt. 1122. A bUl to amend section 661 of
the Tariff Act of 1930 so as to permit the
designation of air freight forwarders as car-
riers of bonded merchandise; to the Com-
mittee on Ways and Means.

HJl. 1123. A bni to amend the Internal
Revenue Code of 1964 so as to provide for
nonrecognition of gain or loss upon certain
distributions of stock made pursuant to or-
ders enforcing the antltrxist laws; to tb*
Committee on Ways and Means.

HJl. 1134. Jl bin to amend the Internal
Revenue Code of 1954 and the Internal Reve-

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1961

CONGRESSIONAL RECORD — HOUSE

59

nue Code of 1939 to provide that no docu-
mentary stamp tax shaU be imposed with re-
spect to any conveyance to which a State or
political subdivision is a party; to the Com-
mittee on Ways and Means.

HJl. 1125. A bill to create a Department of
Urblculture, and to prescribe its functions;
to the Committee on Government Opera-
tions.

HR. 1130. A biU to create a Department
of Transportation and Conununications, and
to prescribe its functions; to the Committee
on Government Operations.

H.R. 1127. A bUl to provide that certain
sxirplus property of the United States may
be donated for park or recreational pur-
poses; to the Committee on Government
Operations.

HJl. 1128. A bin amending the act of Feb-
ruary 20. 1931, as amended, with respect to a
rail transit crossing across the bay of San
Francisco; to the Committee on Public
Works.

By Mr. ZABLOCKI:

HJl. 1129. A bUl to authorize the pay-
ment of the balance of awards tor war
damage c<:»npensatlon made by the Philip-
pine War Damage Commission under the
terms of the PhUlppine RehabiUtation Act
of AprU 80, 1946. and to authorize the ap-
propriation of $73,000,000 for that purpose;
to the Committee on Foreign Affairs.

HJl. 1180. A blU to amend the Mutual De-
fense Assistance Control Act of 19S1; to tbe
Committee on Foreign Affairs.

HJl. 1131. A bin to create a U.S. Academy
of Foreign Service; to the Committee on
Foreign Affairs.

By Mr. ABERNETHY:

HJl. 1183. A bUl to amend the Natural Gas
Act to pirohlbit a rate Increase from becom-
ing effective, subject to bond, before a pend-
ing rate Increase proceeding has been flnaUy
determined; to the Committee on Interstate
and Foreign Commerce..
ByMr. BALDWIN:

H.R. 1133. A bin to provide benefits for
members and survivors of members of the
PhlUpplne Scouts on the same basis as such
benefits are provided for other mnnbers of
the Armed l^rces and their survivors, and
for other purposes; to the Committee on
Armed Services.

By Mr. BENNETT of Florida :

HJt. 1184. A bin to establish a National
Armed Forces Musetun Advisory Boeotl of the
Smithsonian Institution, to authorize ex-
pansion of the Smithsonian Institution's
faculties tor portraying the contributions of
the Armed Forces of the United States, to
create a National Museum of Naval History,
and for other purposes; to the Committee on
Armed Services.

HJl. 1135. A bUl to prohibit, under certain
conditions, for 3 years, the employment of a
former officer or enlisted man in the armed
services, or a former civUlan employee In the
Department of Defense, by any person, con-
cern, or foreign government with which cer-
tain transactions were handled by such
officer, enlisted man, or employee; to the
Committee on Armed Services.

HA. 1136. A blU to'facUltate the procure-
ment of doctors of medicine and doctors of
dentistry for the Armed Forces by providing
grants and scholarships for education in the
medical and dental professions, and fc»r other
purposes; to the Committee on Armed Serv-
ices.

HJl. 1137. A bUI to implement the recom-
mendations of the Commission on Organiza-
tion of the E:xecutlve Branch of the Govern-
ment with respect to Improving manage-
ment and technical personnel In the support
activities of the Department of Defense, and
for other purposes; to the Committee on
Armed Services.

H.R. 1138. A bill to estahUsh standards of
conduct for agency hearing proceedings of
record: to the Committee on the Judiciary.

HF,. 1189. A bin to provide tliat where
Federal law authorizes an officer or agency
of the United States to fix attorney's fees in
administrative actions, the fees so fixed In
any particular case shaU be in an amount
which represents reasonrble compensation
for the services rendered in that case; to the
Committee on the Judiciary.
By Mr. BERRY:

HJt. 1140. A blU to give the former owners
of certain property of the United States lo-
cated in South Dakota the right to repur-
chase that property when it is no longer
needed by the Department of the Air Force;
to the Committee on Armed Services.
ByMr. BRAY:

H.R. 1141. A bill to protect consiuners and
others against misbranding and false adver-
tising of decorative hardwood and simulated
hardwood products; to the Committee on In-
terstate and Foreign Commerce.
ByMr. CAHILL:

H.R. 1142. A bill to amend the Interstate
Conunerce Act, as amended, so as to strength-
en and Improve the national transportation
system. Insure the protection of the pubUc
Interest, and for other purposes; to the Com-
mittee on Interstate and Foreign Conunerce.
By Mr. CHAMBERLAIN:

HJl. 1143. A bin to provide residence for
pages; to the Committee on House Adminis-
tration.

By Mr. CHENOWETH:

H.R. 1144. A bUl to provide for pajrment
of a death gratuity In certain cases Involving
deaths of members of the unlfcxmed services
after June 27, 1950, and before January 1,
1957; to the Committee on Armed Services.
By Mr. COLLIER:

HJl. 1145. A bill to provide for the preser-
vation of audio recordings of historical Im-
portance; to the Committee on House Ad-
ministration.

HJl. 1146. A bill to prohibit discrimination
because of age in the hiring and employ-
ment of persons by Government contractors;
to the Committee on the Judiciary.

H.R. 1147. A bin to limit the appUcabiUty
of the antitrust laws so as to exempt certain
aspects of designated professional team
sports, and for other purpoees; to the Com-
mittee on the Judiciary.
By Mr. DADDARIO:

H.R. 1148. A bill relating to the power of
the States to impose use tax assessments
with respect to sales in Interstate commerce;
to the Committee on the Judiciary.
By Mr. DENT:

HJl. 1149. A bUl to prohibit advertising In
conunerce of articles produced In any foreign
country xinless the advertisement clearly
states that fact; to the Committee on Inter-
state and Foreign Commerce.
By Mr. DOYLE:

HJl. 1160. A bin to amend chapter 79 of
title 10. United States Code, to provide that
certain boards established thereunder shaU
give consideration to satisfactory evidence re-
lating to good character and exemplary con-
duct In civilian life after discharge or dis-
missal in determining whether or not to c<»-
rect certain discharges and dismissals; to
authwlze the award of an exemplary re-
habilitation certificate; and for other pur-
poses: to the Committee on Armed Services.

H.R. 1151. A bin to prohibit the discharge
of members of the Armed Forces under con-
ditions other than honorable except pur-
suant to the sentence of a court-martial; to
the Committee on Armed Services.
By Mr. FERN6S-ISERN :

HJl. 1152. A bill to convey Fort Amezqulta
Military Reservation. P.R., to the Common-
wealth of Puerto Rico; to the Committee on
Armed Services.

By Mr. FORD:

HJt. 1153. A bill to direct the Interstate
Commerce Commission to make regxilations
that certain railroad vehicles be equipped
with reflectors or limUnous material so that

they can be readily seen at night; to the
Committee on Interstate and FOTelgn Com-
merce.

By Mr. FRIEDEL:

HJl. 1154. A bin to amend section 601(a)
of the Federal Aviation Act of 1958 so as to
require the placement of recording devices in
certain aircraft as an aid to air accident in-
vestigation; to the Committee on Intovtate
and Foreign Commerce.

HJl. 1156. A biU to amend the Railroad
Retirement Act of 1937 to Increase the
amount of outside Income which a survivor
annuitant may earn without deduction from
his or her annuity thereunder; to the Com-
mittee on Interstate and Foreign Commerce.

HJl. 1166. A bin to repeal section 602(d)
and a portion of section 509 oi the Merchant
Marine Act. 1936. which requires that bids
by Pacific coast shipbiiUders be approved \m-
der certain circumstances; to the Commit-
tee on Merchant Marine and Fisheries.
By Mr. GARMATZ :

H.R. 1157. A bin to require the expenditure
of 75 percent of the funds expended for the
conversion, alteration, and repair of naval
vessels to be expended with private ship re-
pair yards, and for other purposes; to the
Committee on Armed Services.

H.R. 1158. A blU to amend the Merchant
Marine Act. 1936, as amended, by inserting
a new title X to authorize aid in developing,
constructing, and operating privately owned
nuclear-powered merchant ships; to the
Committee on Merchant Marine and Fish-
eries.

HJl. 1169. A biU to amend the Merchant
Marine Act, 1936, in order to eliminate the
6 percent differential applying to certain bids
of Pacific coast shipbuilders; to the Commit-
tee on Merchant Marine and Fisheries.
ByMr. GLENN:

HJl. 1160. A bUl to amend section 301 of
the Immigration and Nationality Act, so as
to provide that all quota numbers not used
in any year shall be made available to immi-
grants In oversubscribed areas in the fol-
lowing year, and for other purpoees; to the
Committee on th€^ Judiciary.
By Mr. GROSS:

HJt. 1161. A bin to amend part I of the
Interstate Commerce Act to direct the In-
terstate Commerce Commission to make reg-
Tilatlons requiring that freight and other im-
Ughted cars be so equipped that they can be
readily seen at night; to the Committee on
Interstate and Foreign Commerce.
By Mr. HARRIS:

HJl. 1162. A bill to strengthen the pro-
cediires governing the aUocatlon, and to pro-
vide for more efficient utilization, of the
radio spectrum, and for other purpoEes;
to the Committee on Interstate and For-
eign Commerce.

HJl. 1163. A bill to amend section 610 of
the Interstate Commerce Act so as to extend
for 1 year the loan guarantee authority of the
Interstate Commerce Conunlssion; to the
Committee on Interstate and Foreign Com-
merce.

HJl. 1164. A bin to promote the public In-
terest by amending the Communications Act
of 1934 to provide for regulation of national
networks, and for other purposes; to the
Committee on Interstate and Foreign Com-
merce.

H.R. 1165. A bill to promote the public in-
terest by amending the Communications Act
of 1934, to place certain additional limita-
tions on the transfer of broadcast licenses,
and for other purposes; to the Committee on
Interstate and Foreign Commerce.
By Mr. HEALXY:

HJl. 1166. A biU providing for the Surgeon
General of the United States to establish a
hospital in the State of New York especially
equipped for the treatment of persons ad-
dicted to the use of habit-forxnlng drugs;
to the Committee on Interstate and Foreign
Commerce.

".I

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CONGRESSIONAL RECORD — HOUSE

61

xnlttee on Ways and Mean«.

as amended, and as reenacted and amended Revenue CTode of 1954 and the Internal Reve-

5

60

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January S

1961

CONGRESSIONAL RECORD — HOUSE

fl

By "hST. HOSMSR:
HJl. 1167. A bill to eqiiallze the pay of re-
tired members of the uniformed services;
to the Committee on Armed Services.
By Mr. HUDDLESTON :
HJa. 1168. A biU to remove time llmlta-
tlMis Imposed for applying for correction of
military records, review of discharge and
dismissals, and review of decisions of retir-
ing boards and similar boards; to the Cotn-
mlttee on Armed Services.

HJl. 1160. A bUl to equalize the pay of
retired members of the uniformed services;
to the CJommlttee on Armed Services.
By Mr. IKARD of Texas :
HH. 1170. A bill to amend the Natural Gas
Act; to the Committee on Interstate and
Foreign Commerce.

By Mr. JENSEN:
H.R. 1171. A bill to Increase the public
benefits from the national fish and wildlife
conservation areas through their incidental
or secondary use for public recreation, and
for other purposes; to the Committee on
Merchant Marine and Fisheries.
By Mr. JOHANSEN:
Hit. 1172. A bill to authorize and direct
the Secretary of the Army to convey certain
property to the city of Battle Creek. Mich.;
to the Committee on Armed Services.
By Mr. JONES of Missouri:
HJt. 1178. A bill to amend the act of Jan-
uary 12, 1896, to regulate and restrict the
printing of certain extraneous matter in the
CoNOESSsiONAL RscosD, and to limit the num-
ber of insertions of extraneous matter in the
appendix of the Conosxssionai. Rkcoro; to
the Committee on House Administration.
By Mr. JUDD:
HJl. 1174. A bill to amend section 610 of
the Civil Aeronautics Act of 1938 to prohibit
the serving of alcoholic beverages to airline
passengers while in flight; to the Commit-
tee on Interstate and Foreign Commerce.
By Mr. KEARNS:
H.R. 1175. A bill to provide for the designa-
tion, under the provisions of section llOg(b)
of the Federal Aviation Act of 1958, of the
Port Brie Airport, Erie, Pa., as a port of entry
toe civil aircraft; to the Committee on Inter-
state and Foreign Commerce.
By Mrs. KELLY:
H.R. 1176. A bUl to amend the Federal
Voting Assistance Act of 1955; to the Com-
mittee on House Administration.
By Mr. KOWALSKI :
H.R. 1177. A bill to organize the Depart-
ment of Defense and to provide for the ad-
ministration thereof; to the Committee on
Armed Services.

By Mr. LANE:
H.R. 1178. A bUl to provide that the per-
manent membership of the House of Repre-
sentatives shall be 453 Members in the 88th
Congress and each Congress thereafter; to
the Committee on the Judiciary.

H.R. 1179. A bill relating to the ItaUan
American War Veterans of the United States,
Inc., and the status of that organization
under certain laws of the United States; to
the Committee on the Judiciary.
By Mr. LESINSK^:
H.R. 1180. A biU to amend the Federal
Trade Conunlssion Act to strengthen Inde-
pendent competitive enterprise by providing
for fair competitive acts, practices, and
methods of competition, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.

H.R. 1181. A bUl to amend the Federal
Trade Conunlssion Act to provide for the is-
suance of temporary cease-and-desist orders
to prevent certain acta and practices pend-
ing completion of Federal Trade Commis-
sion proceedings; to the Committee on In-
terstate and Foreign Conunerce.

HJl. 1182. A bill to create the Wyandotte
'National Wildlife Refuge; to the Committee
on Merchant Marine and Fisheries.

HJl. 1183. A Mil to provide that the
Hotiae of Representatives shall be composed

of 438 Members beginning with the 88th
Congress; to the Committee on the Judiciary.
By Mr. LIBONATI:
H.R. 1184. A bill to provide Judicial re-
view of agency orders concerning biological
products; to the Committee on Interstate
and Foreign Commerce.
By Mr. HIBSTAND:
HJl. 1186. A bUl to amend section 32 of
the Trading With the Enemy Act of 1917,
as amended, so as to permit the return
under such section of amounts payable to
aliens under trust funds created by Ameri-
can citizens; to the Committee on Interstate
and Foreign Commerce.

By Mr. McCULLOCH:
H.R. 1186. A bill to provide for the centen-
nial celebration of the establishment of the
land-grant colleges and State universities
and the establishment of the Department of
Agriculture, and for related purposes; to the
Conunittee on the Judiciary.
By Mr. McDONOUGH:
H.R. 1187. A bill to amend section 1652.
title 10, United States Code, and section 301
of the Servicemen's Readjustment Act of
1944 to provide that the Board for the Cor-
recUon of MUitary or Naval Records and
the Boards of Review. Discharges, and Dis-
missals shall give consideration to satisfac-
tory evidence relating to good character and
exemplary conduct In civilian life after dis-
charge or dismissal in determining whether
or not to correct certain discharges and dis-
missals; to authorize the award of an ex-
emplary rehabilitation certificate; and for
other purposes; to the Committee on Armed
Services.

H.R. 1188. A bill to equalize the pay of
retired members of the uniformed services;
to the Committee on Armed Services.

H.R. 1189. A bill to provide that the Secre-
tary of Conunerce shall furnish weather re-
ports to certain alr-poUutlon control agen-
cies; to the Committee on Interstate and
Foreign Commerce.

By Mr. MACHROWICZ:
HJl. 1190. A bin ♦o amend the War Claims
Act of 1948 to provide for the payment of
benefits under such act to certain citizens
and permanent residents of the United
States; to the Committee on Interstate and

Foreign Commerce^

By Mr. MATTHEWS:
HJl. 1191. A bill to establish rules of In-
terpretation governing questions of the
effect of acts of Congress on State laws; to
the Committee on the Judiciary.

H.R. 1192. A bill to prohibit the coiuts of
the United States and all other Federal
agencies from deciding or considering any
matter drawing in question the administra-
tion by the several States of their respective
educational systems; to the Committee on
the Judiciary.

ByMr. MERROW:
HJl. 1193. A bill to provide a method for
regulating and fixing wage rates for em-
ployees of Portsmouth, N.H., Naval Shipyard;
to the Committee on Armed Services.
By Mr. MULTER:
H.R. 1194. A biU to amend titles 10 and 14
of the United States Code to provide that
cadets and midshipmen entering the service
academies hereafter shall agree to serve 10
years on duty after graduation; to the Com-
mittee on Armed Services.

H.R. 1195. A bill to promote certain prison-
ers of war In Korea upon their discharge
from the Armed Forces; to the Committee on
Armed Services.

HJl. 1196. A bill to withhold Federal aid
from National Guard organizations which
practice discrimination or segregation on ac-
count of race, color, or creed; to the Commit-
tee on Armed Services.

HJl. 1197. A bill to provide for the procure-
ment of Judge advocates and law specialist
officers for the Army, Navy, Air Force, and
Coast Guard, and for other purposes; to the
Committee on Armed Services.

HJl. 1198. A bUl to amend chapter 67 of
title 10, United States Code, to provide re-
tired pay for reservists who have 10 or more
years of satisfactory Federal service and who
performed active duty for 5 or more years In
the aggregate during World War I. World
War n. and the Korean conflict; to the Com-
mittee on Armed Services.

HJl 1199. A bill to amend section 15 of
the Universal MUitary Training and Service
Act to permit certain enllstmenU in the
Armed Forces; to the Committee on Armed

Services. * _. ..

HR. 1200. A bill to amend title 10 ox the
United States Code to encourage competlUon
In procurement by the armed services, and
for other purposes; to the Committee on
Armed Services.

HJl. 1201. A bill to provide that the next
cruiser commissioned in the UB. Navy shall
be named the BrooWyn; to the OMnmlttce
on Armed Services.

H.R. 1202. A bill to establish a board tout-
side of the Department of Defense) to review
and correct discharges and dismissals of
former members of the Armed Forces; to the
Committee on Armed Services.

HJl. 1203 A blU to protect the position of
the Government under Government-lnsxired
ship mortgages and to prevent unfair com-
petition in the carriage of cargo preference
shipments by certain vessels having Govern-
ment Insured ship mortgages; to the Com-
mittee on Merchant Marine and Fisheries.
By Mr. GARMATZ:
H.R. 1204. A bill to amend section 901(b)
of the Merchant Marine Act. 1936. to provide
for the carriage by UB.-fiag commercial ves-
sels of certain cargo In excess of the 60 per-
cent gross tonnage limitation contained In
such section; to the Committee on Merchant
Marine and Fisheries.
By Mr. MULTER:
H.R 1206. A bill to require the Surgeon
General to undertake a special research pro-
gram with respect to cystic fibrosis; to the
Committee on Interstate and Forelsn Com-
merce.

H.R. 1206. A bUl to prohibit the shipment
In Interstate commerce of plastic bags unless
such bags are labeled or manufactured In
accordance with standards prescribed by the
Secretary of Commerce, and for other pur-
poses; to the Committee on Interstate and
Foreign C<»nmerce.

HJl. 1207. A bUl to amend part I of title
III of the Communications Act of 19S4. to
make it unlawful for broadcasters to make
unauthorized deletions from certain matter
submitted for broadcasting; to the Commit-
tee on Interstate and Foreign Conunerce.

HR. 1208. A bill to amend the Civil Aero-
nautics Act of 1938, with respect to the prac-
tice of "overbooking" passenger space reser-
vations; to the Committee on Interstate and
Foreign Commerce.

H.R. 1209. A bUI to amend the Hatch Act
to permit all officers and employees of the
Government to exercise the full responsi-
bility of citizenship and to take an active
part in the political life of the United
States: to the Committee on House Admin-
istration.

HJl. 1210. A bill to amend the Federal
Trade Commission Act to strengthen inde-
pendent competitive enterprise by providing
for fair competitive acts, practices, and meth-
ods of competition, and for other purposes;
to the Committee on Interstate and Foreign
Commerce.

HJl. lail. A bill to amend the Securities
Exchange Act of 1934 to require officers and
directors of any issuer of registered securities
to periodically report the extent to which,
and the purposes for which, their holdings
of such securities are pledged, hypothecated,
or loaned; to the Committee on Interstate
and Foreign Commerce.

HJl. 1212. A bUl to amend ttie Federal
Trade Commission Act with respect to cer-
tain contracts and agreements between man-

ufacturers of motor vehicles and their fran-
chlsed dealers, to permit the establishment
of exclusive representation by dealers and to
restrict franchlsed dealers from reselling to
certain unauthorized persons, and for other
purposes; to the Committee on Interstate
and Foreign Commerce.

HR. 1213. A bUl to amend title 16 of the
United States Code with respect to the oper-
ation of speedometers on motor vehicles,
and for other purposes; to the Committee
on Interstate and Foreign Commerce.

H.R. 1214. A bill to prevent the sale of au-
tomobiles with unauthorized equipment,
parts, and accessories, and for other pur-
poses; to the Committee on Interstate and
Foreign Commerce.

HR. 1215. A bill to provide for the regula-
tion of motor vehicles on the highways of
the United States, and for other purposes;
to the Committee on Interstate and Foreign
Commerce.

H.R. 1216. A bill to require certificates of
fitness in the sale of automobiles, and for
other pvu-poses: to the Committee on Inter-
state and Foreign Conunerce.

HJl. 1217. A bill to provide for a nation-
ally uniform system of automobile registra-
tion; to the Conunittee on Interstate and
Foreign Conunerce.

HJl. 1218. A biU to amend secUon 3 of the
Securities Act of 1933 so as to remove the
exemption of securities offered for sale and
sold in only one State; to the Committee on
Interstate and Foreign Commerce.

H.R. 1219. A bill to amend the Railroad
Retirement Act of 1937 to provide that an
Individual with 40 years' service may retire
regardless of age; to the Committee on Inter-
state and Foreign Conunerce.

H.R. 1220. A bill to promote the safety of
employees and travelers upon common car-
riers by railroads engaged in Interstate com-
merce by requiring such carriers to maintain
tracks, bridges, roadbed, and permanent
structures for the support of way, trackage,
and traffic In safe and suitable condition.
and for other ptirpoees; to the Conunittee
on Interstate and Foreign Commerce.

HJl. 1221. A bill to provide a residence for
pases of the Senate and of the House of
Representatives, under the supervision of a
Capitol Pages' Residence Board; to the Com-
mittee on House Adoilnlstratlon.

H.R. 1222. A bill to authorize each Member
of the House of Representative to employ an
administrative assistant; to the Conunittee
on House Administration.
By Mr. 08MERS:

HA. 1229. A bill to amend secUon 13a(l)
of the Interstate Commerce Act. as amended,
relative to the discontinuance or change of
the operation of certain trains or ferries;
to the Committee on Interstate and Foreign
Commerce.

HJl. 1224. A bill to repeal section 13a of
the Interstate Commerce Act; to the Com-
mittee on Interstate and Foreign Conunerce.
By Mr. PEU.T:

HR. 1225. A bill to amend title 28. entitled
"Judiciary and Judicial Procedure," of the
United States Code to provide for the defense
of suits against Federal employees arising
out of their o(>eratlon of motor vehicles in
the scope of their employment, and for other
purpoees; to the Committee on the Judiciary.
ByMr. POFF:

HJl. 1226. A bill to amend the Railroad
Retirement Act of 1937 to permit an annui-
tant to receive his annuity even though he
renders compensated service for the out-
side employer by whom he was last employed
before his annuity began to accrue; to the
Committee on Interstate and Foreign Com-
merce.

H.R. 1227. A bill to repeal the provisions of
the Railroad Retirement Act which reduce
the aiuitilties of the spouses of retired em-
ployees, and the survivors of deceased em-
ployees, by the amount of certain monthly
benefits payable imder the Social Secivity

Act; to the Committee on Interstate and
Foreign Commerce.

H.R. 1228. A bill to amend the Railroad
Retirement Act of 1987 to provide that men
who have attained the age of 62 may retire
on a full aunulty thereunder upon comple-
tion of 30 years of service; to the Committee
on Interstate and Foreign Commerce.

By Mr. POWELL:
H.R. 1229. A bill providing relief against
certain forms of discrimination In Interstate
transportation and facilities furnished or
connected therewith; to the Committee on
Interstate and Foreign Conunerce.

HJl. 1230. A bill making unlawful the re-
quirement for the payment of a poll tax as
a prerequisite to voting in a prinuu^ or other
election for national officers; to the Com-
mittee on House Administration.

HJl. 1231. A bill to amend part m of the
Civil Rights Act of 1967; to the Committee on
the Judiciary.

ByMr. SAUND:
HJl. 1232. A bill to recognize the Ryan-
Hemet Airport as a public airport for the
pvtrpotie of the Federal Airport Act, and to
provide for reimbursement for damage to
such airport In accordance with such act;
to the Conunittee on Interstate and Foreign
Conunerce.

By Mr. 8TBKD:
HJl. 1233. A blU to amend the Fedo-al
Trade Commission Act to provide for the
Issuance of temporary cease and desist orders
to prevent certain acts and practices pend-
ing completion of Federal Trade Commission
proceedings; to the Committee on Interstate
and Foreign Commerce.

By Mr. STRATTON:
H.R. 1234. A bill to amend section 311 of
the Communications Act of 1934. to restrict
the granting of permits and licenses to per-
sons having criminal records; to the Com-
mittee on Interstate and Foreign Commerce.

By Mrs. SULLIVAN :
H.R. 1235. A bin to protect the public
health by amending the Federal Food, Drug,
and Cosmetic Act so as to amend certain
labeling provisions of the food, drug, and
cosmetic chapters; prohibit worthless in-
gredients in special dietary foods; require
adequate controls in drug manufacture; re-
quire new drugs to be shown efficacious and
new therapeutic devices to be shown safe
and efficacious before they are marketed com-
mercially; make other improvements with
respect to new drug control; require all
antibiotics to be certified; provide adequate
controls over the distribution of habit-form-
ing tiarblturates and stimulant drugs; re-
quire cosmetics to be shown safe before they
are marketed commercially; clarify and
strengthen existing inspection authority;
make additional provisions of the act ap-
plicable to carriers; provide for administra-
tive subpenas; and for other purposes; to
the Committee on Interstate and Foreign
Commerce.

By Mr. TEAGT7E of California:
H.R. 1236. A bill to equalize the pay of
retired members of the uniformed services;
to the Committee on Armed Services.

HR. 1237. A bUl relating to the retired
pay of certain retired officers of the Armed
Forces; to the Committee on Armed Services.
H.R. 1238. A bill to amend the act of Jan-
uary 12, 1895, to regulate and restrict the
printing of certain extraneous matter In the
CoNGRXssioNAi. RECORD, and to limit the
niunber of Insertions of extraneous matter
In the appendix of the Congrzssional
Record; to the C^MOunlttee on House Ad-
ministration.

By Mr. WEAVER:
HJl. 1239. A bill to designate the Lincoln
-Air Force Base at Lincoln. Nebr.. as George
W. Norris Air Force Bnae; to the Committee
on Armed Services.

By Mr. WILLIAMS:
HJl. 1240. A bill to amend the Miller Act
of August 24. 1935, to provide that persons

entitled to protection under State laws re-
lating to mechanic's or materiahnan's liens
who have furnished labor or materials for
public works shall have a right to receive
pajrment out of payment bonds fvunished
by the prime contractor on such public
worlEs; to the Committee on the Judiciary.
By Mr. YOUNGER:

HJl. 1241. A biU to amend section 406(b)
of the Civil Aeronautics Act of 1938 to pro-
vide that If it Is determined that a domestic
trunkline carrier Is not entitled to suijsidy
for any period such carrier shall thereafter l>e
ineligible for subsidy with respect to its do-
mestic operations; to the Conunittee on
Interstate and Foreign Commerce.

H.R. 1242. A biU to require that at least 50
percent of the passenger and cargo air tra.ns-
portatlon requirements of the Government
of the United States be obtained from civil
air operatcMv, and for other purpoees; to the
Conunittee on Interstate and Foreign Ccon-
merce.

HJl. 1243. A biU to prohibit the introduc-
tion of merchandise Into interstate com-
merce if a guarantee is made with respect to
such merchandise unless the merchandise
l}ears a complete return address; to tbe Conx-
mlttee on Interstate and Foreign Commerce.

HJl. 1244. A bUl to simplify payroll adnUn-
Istratlon In the House of Representatives by
providing that the salaries of certain em-
ployees of the House and the clerk hire al-
lowance of Members, shall consist of aggre-
gate annual amounts rather than basic an-
nual amounts plus additional amounts, and
for other purposes: to the Committee on
House Administration.

HJl. 1245. A bill to amend the Legislative
Branch Appropriation Act, 1948, to place cer-
tain restrictions on the use of the stationery
allowance of Members of the House of Repre-
sentatives; to the Conunittee on House Ad-
ministration.

By Mr. 2XLENKO:

HJl. 1246. A bill to amend the provisions
of law which permit the granting of immu-
nity from prosecution In certain cases where
testimony is compelled, so as to include cases
involving matters affecting Interstate or for-
eign commerce or the free flow thereof; to
the Conunittee on the Judiciary.

H.R. 1247. A bUl to amend tlUe 28 of the
United States Code to permit actions on tort
claims to be brought in the Judicial district
in which the act of omission complained of
occurred; to the Committee on the Judiciary.

H.R. 1248. A bill to amend the Internal
Revenue Code of 1954 to provide a credit
against Income tax for the cost to a taxpayer
of certain Increases In conunutlng transpor-
tation fares; to the Committee on Ways and
Means.

HJl. 1249. A blU to amend the Internal
Revenue Code of 1954 to provide a partial tax
credit for certain payments made to a public
or private educational institution of higher
education; to the Committee on Ways and
Means.

H.R. 1250. A bill to provide a deduction for
income tax purposes, in the case of a disabled
mdividual, for expenses for transportation to
and from work; and to provide an additional
exemption for Income tax purposes for a tax-
payer or spouse who is physically or mentally
Incapable of caring for himself; to the Com-
mittee on Ways and Means.

HJl. 1261. A bill to amend the public as-
sistance provisions of the Social Security Act
to eliminate certain Inequities and restric-
tions and permit a mcH'e effective distribution
of Federal funds; to the Committee on Ways
and Means.

H.R. 1252. A bill to amend the Internal
Revenue Code of 196i to provide an In-
come tax deduction for deletion <rf human
resources; to the Committee on Ways and
Means.

H.R. 1263. A bUl to grant an additional
income tax exemption to a taxpayer support-
ing a dependent who is blind or otherwise

*

M

i

r

fii

62

-CONGRESSIONAL RECORD — HOUSE

January S

....A ^iCaM «» nnA nfytArvrlaA an-

1961

CONGRESSIONAL RECORD — HOUSE

63

Hoiiae of BepreMntatlvea sball be composed Conunlttee on Armed Services.

tain contracts and agreements between man-

Doueuis {Tujrauie uuuer i<ue ot^iuu otou*>»j v>a <sue«<a« ^^t ^vw«

62

XX)NGRESSIONAL RECORD — HOUSE

Janvxiry S

1961

CONGRESSIONAL RECORD — HOUSE

63

permanently and totally disabled; to the
Oosnmlttee on Ways and Means.

H.K. 1254. A bill to proTlde for unemploy-
ment reinsurance grants to the States, to re-
vlae, extend, and Improve the unemployment
insurance program, and for other purpose*;
to the Committee on Ways and Means.

H H. 1265. A bill to amend the Internal
Revenue Code of 1954 to provide increased
deductions for employers who employ In-
dividtials who are 45 yectfs of age or over;
to the Committee on Ways and Means.

H Jl. 126«. A bUl to require the Secretary
of the Treasury to issue identifying num-
bered receipt upon the filing of income tax
returns In order to aid in the collection of
income taxes; to the Committee on Ways
and Means.

HJl. 1257. A bill to provide for the reoom-
putatlon of annuities of certain officers and
employees of the Federal Government re-
tired under section 1(d) of the Civil Service
Retirement Act of May 29. 1930. as amended:
to the Committee on Post Office and ClvU

HJl. 1268. A bill to amend the Longshore-
men's and Harbor Workers' Compensation
Act. as amended, to provide Increased bene-
fits In case of disabling injuries, and for
other piirposes; to the Committee on Educa-
tion and Labor.

HJl. 1269. A bill to amend the Federal
Aviation Act of 1958 to require the owners
of civil aircraft to be financially responsible
for damages arising out of the operation of
such aircraft for which they are liable; to
the Committee on Interstate and Foreign
Commerce.

HJl. 1260. A bill to amend title 28 of the
United States Code with respect to the eli-
gibility of members of the bar of the UJ8.
Supreme Court to practice before all courts
of appeals and district courts of the United
States; to the Committee on the Judiciary.

HJl. 1261. A bill to provide further means
of secxnrLng and protecting the right of per-
sons within the Jxu-isdlctlon of the several
States to the equal protection of the laws
and other civil rights guaranteed by the Con-
stitution (X laws of the United States: to
the Committee on the Judiciary.

HJl. 1262. A bill to amend Utle 28 of the
United States Code to provide that State
law shall. In certain cases, determine the
nvunber of Jurors which constitute a Jury
and the number of Jurors who must agree
In order that there be a valid verdict; to the
Committee on the Judiciary.

HJl. 1263. A bill to amend the Fair Labor
Standards Act of 1938. as amended, to pro-
vide coverage for employees of large enter-
prises engaged In retail trade or service and
of other employers engaged in activities af-
fecting commerce, to increase the minimum
wage \inder the act to $1^25 an hoiir. and for
other pnrpoaes: to the Committee on Educa-
tion and Labor.

HJl. 1264. A bill to promote the safety of
employees and travelers upon common car-
riers by railroad engaged In Interstate com-
merce by requiring such carriers to nuilntaln
tracks, bridges, roadbed, and permanent
structures for the support of way. trackage,
and traffic in safe and suitable condition,
and for other purposes; to the Committee on
Interstate and Foreign Commerce.

HJl. 1265. A bUl to repeal section 9(c)(3)
of the National Labor Relations Act; to the
Conunlttee on Education and Labor.

HJl. 1266. A bUl to establish the Federal
Agency for Handicapped, to define its duties,
and for other purposes; to the Committee
on Elducatlon and Labor.

H.R. 1267. A bin to provide compensation
for disability or death resulting from Injury
to employees in employment which exposes
employees to radioactive material, and for
other piurposes; to the Ccxnmlttee on Bdu-
oation and Labor.

HJl. 1268. A bill to prohibit the use of
Oovemment property by any organization

practicing segregation on the basis of race,
creed, or color; to the Committee on Public

Works.

HJl. 1269. A bill to amend title xn of the
Merchant Marine Act. 1936, as amended; to
the Committee on Merchant Marine and
Fisheries.

HJl. 1270. A bill to establish an effective
program to alleviate conditions of excessive
unemployment in certain econonsically de-
pressed areas; to the Oominlttee on Ways and
Means.

HJl. 1271. A bill to prohibit agencies of the
United States from imposing contractual
provisions boycotting vessels trading With
Israel; to the Committee on Merchant
Marine and Fisheries.

HJl. 1272. A bill to repeal section 14(b) of
the National Labor Relations Act; to the
Committee on Education and Labor.

HJl. 1273. A bill to provide for the Issuance
of a national health research stamp for the
support of the National Institutes of Health;
to the Committee on Post Office and Civil
Service.

HR 1274. A bill to amend the Civil Service
Retirement Act to Increxise by an additional
one-half of 1 percent the annuity computa-
tion formula for determining annuities for
certain Federal employees; to the Conunlttee
on Post Office and Civil Service.

HJl. 1275. A bin to amend the Classifica-
tion Act of 1949 to provide three additional
longevity step-Increases for officers and em-
ployees subject to such act. and for other
purposes; to the Committee on Poet Offlce
and Civil Service.

H.R. 1276. A bin to provide that certain
Government officers and employees shall be
excxised from duty for a sufficient period of
time to vote in elections; to the Committee
on Post Offlce and Civil Service.

HJl. 1277. A bUl to provide that an in-
dividual who is not eligible upon reaching
retirement age for old-age Insurance benefits
under title n of the Social Security Act may
obtain a refund of the social seciirity taxes
which he has paid; to the Committee on
Ways and Means.

H.R. 1278. A bill to amend title n of the
Social Security Act to provide that where
a husband and wife are both entitled to
benefits thereunder and one of them dies,
the benefit of the survivor shall be equal to
the total of the combined benefits to which
they were entitled while both were living;
to the Committee on Ways and Means.
By Mr. FARBSTEIN :
H.R. 1279. A bill to amend section 1552.
title 10. United States Code, and section 301
of the Servicemen's Readjustment Act of
1944 to provide that the Board for the Cor-
rection of Military or Naval Records and the
Boards of Review. Discharges, and Dismissals
shall give consideration to satisfactory evi-
dence relating to good character and ex-
emplary conduct in civilian life after dis-
charge or dismissal In determining whether
or not to correct certain discharges and dis-
missals; to authorize the award of an ex-
emplary rehabUltatlon certificate; and for
other purposes; to the Conunlttee on Armed
Services.

HR. 1280. A bill to create and prescribe the
functions of a National Peace Agency; to the
Committee on Forelg;n Affairs.

HJl. 1281. A bill to amend the Civil Serv-
ice Retirement Act to Increase to 2>4 percent
the multiplication factor for determining
annuities for certain Federal employees en-
gaged In hazardous duties; to the Committee
on Post Offlce and Civil Service.

HJl. 1282. A bin to amend the Internal
Revenue Code of 1954 to allow a taxpayer a
deduction from gross Income for loss of earn-
ings resulting from Jury duty; to the Com-
mittee on Ways and Means.

HJl. 1283. A bin to amend title n of the
Social Security Act to provide benefits under
the Federal old-age, sutvIvotb. and disability
Insurance program for needy individuals over

retirement age. who are not otherwise en-
titled to benefiU vmder such Utto; to the
Committee on Ways and Means.

HJl. 1284. A bill to amend title n ot the
Social Security Act to provide benefits under
the Federal old-age. survivors, and disability
Insurance program for needy individuals who
are 70 years of age or over and are not other-
wise entitled to benefits imder such title; to
the Committee on Ways and Means.

HJl. 1285. A blU to provide coverage under
the old-age. survivors, and disabiUty Insw
ance system (subject to an election in the
case of those currently serving) for all ofll-
cers and employees of the United SUtes and
Ito instrumentalitiea; to the Committee on
Ways and Means.

By Mr. ROBERTS:
HJl. 1841. A bin to require passenger-
carrying motor vehicles pxffchased for use by
the Federal Government to meet certain
safety standards; to the Committee on Inter-
state and Forplen Conuncrc*.
By Mr. BOGOS:
HJ. Res. 1. Joint resolution providing for
a study of the possibility and desirability of
establishing a University of the Americas;
to the Committee on Foreign Affairs.
By Mr. ZABLOCKI:
H.J. Res. 2. Joint resolution to establish •
Joint Committee on Central InteUlgenoe; to
the Committee on Rulaa.
By Mr. DINOELL:
HJ. Res. 3. Joint resolution to establish •
free and universal franchise throughout th«
United SUtes; to the Committee on the
Judiciary.

By Mr. FALLON:
H.J. Res. 4. J<rtnt resolution propoalac aa
amendment to the Constitution at the
United States relative to equal rights for men
and women; to the Committee on the
Judiciary.

By Mr. TEAGUS of Texas:
HJ. Res. 5. Joint resolution to provide for
the development of a program for controUlng
the production ot cotton on a bale basis; to
the Committee on Agriculture.
By Mr. BBCKWORTH:
B.J. Res. 6. Joint resolution designating
the rose as the national flower of the United
States; to the Committee on House Admin-
istration.

By Mr. BEMNKIT of Florida:

HJ. Res. 7. Joint resolution proposing an

amendment to the Constitution ot tb»

UiUted States relating to Presidential la-

ablllty; to the Committee on th« Judiciary.

By Mr. GILBERT:

HJ. Res. 8. Joint reeolutlon authorising

Federal participation in the New York

World's Fair; to the Committee on Foreign

Affairs.

By Mrs. GRIFFTraS:
H J. Res. 9. Joint resolution proposing an
amendment to the Constitution of the
United States reUtlve to equal rights for m«n
and women; to the Conunlttee on the Ja-
dlclary.

By Mr. COLLIER:
H J. Res. 10. Joint resolution designating
October 31 of each year as Youth Honor Day;
to the Committee on the Judiciary.
By Mr. ALGER:
HJ.Res. 11. Joint resolution propoaing an
amendment to the €kmstltutlon of tlM
United States relative to the balancing of the
budget; to the Committee on the Judiciary.
By Mr. ANFUSO:
H J. Res. 12. Joint resolution to establish
December IS of every year as Bill of Rights
Day; to the Committee on the Judiciary.
ByMr. BOGGS:
H J. Res. 13. Joint rescdutlon authorizing
and requesting the President to set aside
and |»oclaim an appropriate day In each
year as Teachers Day; to the Committee on
the Judiciary.

HJ. Res. 14. Joint reeolutkm proposing aa
amendment to the Constitution of tha
United States reserving to the States exda-

sive control over public schools; to the Com-
mittee on the Judiciary.

By Mr. MARTIN of Massachusetts:

HJ. Res. 15. Joint resolution to authorize
the appointment of General of the Army
Douglas MacArthtu' as General of the Annies
of the United States; to the Committee on

Armed Services.

ByMr. MULTBR:

HJ. Res. 16. Joint resolution designating
the 6th day of January of each year as Haym
Salomon Day; to the Committee on the Judi-
ciary.

ByMr. 08MKBS:

HJ. Res. 17. Joint resolution designating
the month of February of each year as Na-
tional American History Month; to the Com-
mittee on the ."udlciary. v
By Mr. POFF:

H J. Res. 18. Joint resolution proposing an
amendment to the Constitution of the
United States reserving to the SUtes exclu-
sive control over public schools; to the Com-
mittee on the Judiciary.
By Ut. ROBERTS:

HJ. Res. 19. Joint resolution declaring the
first Tuesday after the first Monday of No-
vember in each even-numbered year to be a
legal pubUc boUday; to the Committee on
the Judiciary.

By Mrs. ST. OBOBOB :

HJ. Res.30. Jotnt reeolutlon authorising
Federal parUclpatlon in the New York
World's Fair; to the Oommittee on Foreign
Affairs.

H J Ree. 31 . Joint resolution propoaing an

amendment to the Constitution of tha United

SUtes relative to eqtial rights for men and

women; to the Committee on the Judiciary.

By Mr. 'TEAGUB of Texas:

H.J. Res. 22. Joint resolution proposing an
amendment to the Constitution of the United
SUtes with respect to the appointment of
postmasters; to the Committee on the
Judiciary.

By Ifr. UTT:

H J. Res. 23. Joint resolution proposing an
amendment to the Constitution of the United
SUtes relative to abolishing personal income.
•eUte. and gift taxes and prohibiting the
UB. Government from engaging in business
in competition with its dtlaens; to the Com-
mittee on the Judiciary.
By Mr. BALDWIN:

HJ. Res. 24. Joint resolution proposing an
amendment to the Constitution of the United
SUtes providing for the popular election of
President and Vice President of the United
States; to the Committee on the Judiciary.
By Mr. BKNNZTT of Florida:

H J. Res. 25. Joint resolution proposing an
amendment to the Constitution of the United
SUtes providing for the election of President
and Vice President; to the Committee on the
Judiciary.

H J. Res. 26. Joint resolution prc^tosing an
amendment to the Constitution of the United
SUtes relating to appropriations; to the
Conunlttee on the Judiciary.

H J. Res. 27. Joint resolution to esUbllsh
a Commission on Ethics in the Federal Gov-
ernment to Interpret the application of the
Code of Ethics for Government Service, to
recommend modifications and improvemenU
therein, as well as In criminal or other sUt-
utes relating to ethics, to investigate oom-
plalnU of tinethlcal conduct In Government
service, and for other purposes: to the Com-
mittee on Poet Offlce and Civil Service.
By Mr. BROOMFIKLD:

H J. Res. 28. Joint resolution pr(^>oslng an
amendment to the Constitution of the
United SUtes providing for the popular elec-
tion of President and Vice President of the
United SUtes; to the Oommittee on the
Judiciary.

By Mr. BYRNES of Wisconsin:

H J. Res. 29. Joint resolution to amend the
Constitution to enable the Congress to func-
tion effectively in time of emergency or dis-
aster; to the Committee on the Judiciary.

H J. Res. 30. Joint resolution proposing aa
amendment to the Constitution of the United
States relating to appropriations: to the
Committee on the Judiciary.
By Mr. CAHILL:

H.J. Res. 31. Joint resolution proposing an
amendment to the Constitution of tbe
United SUtes to limit the power of the
SUtes and their political subdivisions to tax
the salaries and wages of persons who are
not domlclllarles or residents thereof; to
the Committee on the Judiciary.
By Mr. CELLER:

HJ. Res. 32. Joint resolution to designate
the first day of May of each year as Law Day,
U.SA.; to the Conunlttee on the Judiciary.

HJ. Res. 33. Joint resolution proposing an
amendment to the Constltutkm of the
United States relating to the InabiUty of the
President to discharge the powers and duties
of his offlce; to the Committee on the Judi-
ciary.

By Mrs. CHURCH:

H J. Res. 84. Joint resolution to esUbllsh
a Joint Committee on Mutual Security: to
the Committee on Rules.
By Mr. CELLER:

H J. Res. 85. Joint resolution relating to
the inability of the President to discharge
the powers and duties of his offlce; to the
Committee on the Judiciary.
By Mr. COLLIER:

HJ. Res. 86. Joint resolution proposing an
amendment to the Constitution of the
United SUtes providing for the popular elec-
tloa of President and Vice President of the
United States; to the Committee on the

Judiciary.

By Mr. FRIEDEL:

HJ. Res. 87. Joint resolution relating to
the clerk hire of members of the House of
RepresenUUves; to the Committee on Hotise
Administration.

By Mr. GILBERT:

H J. Res. 38. Joint resolution declaring the
first Tueeday after the first Monday of No-
vember in each even-niunbered year to be a
legal public holiday; to the Committee on

the Judiciary.

By Mrs. GREEN of Oregcm :

H J. Res. 39. Joint resolution proposing an
amendment to the Constitution of the
United SUtes relative to qualifications for
voting for presidential and vice-presidential
electors; to the C<»nmittee on the Judiciary.

HJ. Res. 40. Joint resolution to authorize
the reimbursement of not more than two
employees in the office ot each Member of
the House of Repreeentatives fco- travel to
the Member's congressional district; to the
Conunlttee on House Administration.
By Mr. HIESTAND:

HJ.Ree.41. Joint resolution proposing an
amendment to the Constitution ot the
United States relating to the legal effect of
certain treaties and other lnt«matlonal
agreements; to the Oommittee on the Judi-
ciary.

By Mr. HOEVEN:

H J. Res. 42. Joint resolution to improve
farm income for producers of wheat, ocmi,
oats. rye. barley, grain sorghum, soybeans,
and fiaxseed, by esUbllshing a payment-in-
kind program and Increasing the resale price
of stirplTis Government stocks of such com-
modities; to the Committee on Agriculture.
By Mr. JOHANSEN:

HJ. Res. 43. Joint resolution providing for
the prominent display of the flag of the
United States of America on or near diplo-
matic esUbllshmenU of the United States in
foreign countries; to the Oommittee on For-
eign Affairs.

By Mr. JONES of Missouri:

H J. Res. 44. Joint rescdutlon authorising
the President to issue annually a proclama-
tion designating the seoond week In OctobM*
as National Poison Prevention Week. In ord«r
to aid in bringing to the American people
the dangers of accidental poisoning; to the
Committee on the J\idlclary.

By M^. JUDD:

HJ. Res. 46. Joint resolution designating
the com tassel as the national floral emblem
of the United SUtes; to the Oommittee on
House Administration.
ByMr. KILGORB:

H J. Res. 46. Joint reeolutlon proposing an
amendment to the Constitution of the
United St'.tes providing for the election of
President and Yice Preeldent; to the Com-
mittee on the Judiciary.
By Mr. LANE:

HJ. Res. 47. Jc^nt resolution to provide
for the American Joint Commission To
Assist in the Unification of Ireland; to the
Committee cm Foreign Affairs.
By Mr. LEBONAIl:

HJ. Res. 48. Joint reeolutlon to designate
the Veterans' Administration hoepltal at
Chicago, m.. as the A. A. Sprague Memorial
Veterans' Hospital; to the Committee on
Veterans' Affairs.

By Mr. McDONOUGH:

H J. Res. 49. Joint resolution providing for
the revision of the SUtus of Forces Agree-
ment and certain other treaties and interna-
tional agreemente, or the withdrawal of the
United States frc«n stich treaties and agree-
mente, so that fordgn countries will not
have criminal Jurisdictl<m over American
Armed Forces personnel sUtloned within
their boundaries; to the Committee on For-
eign Affairs.

H.J. Res. 60. Joint resolution proposing an
amendment to the Constitution of the
United States relative to the effect of treaties
and international agreemente upon the civil
and property rlghte of citizens at the United
SUtes; to the Conunlttee on the Judiciary.

HJ. Ree. 61. Joint resolution requesting
the President to jn-oclaim June 4, 1961, as
National Teachers Day; to the Committee on
the Judiciary.

H J. Res. 52. Joint resolution proposing an
amendment to the Constitution of the United
SUtes relative to equal rlghU for men and
women; to the Committee on the Judiciary.

H.J. Res. 58. Joint resolution providing for
the designation of the first Sunday in June
of each year as National Teachers Day; to
the Committee on the Judiciary.
By Mr. McSWEEN :

H J. Res. 54. J<rint reeolutlon proposing an
amendment to the Constitution of the United
SUtes providing a different method tta the
election of President and Vice President; to
the Committee on the Judiciary.
By M^. MATTHEWS:

H.J. Res. 56. Joint resolution proposing an
amendment to the Constitution of the United
States iMx>vldlng for the popular election of
President and Vice President of the United
SUtes; to the Committee on the Judiciary.
By Mr. MULTER:

H.J. Res. 56. Joint resolution proposing an
amendment to the Constitution of the United
SUtes with re8i>ect to the term ot offlce and
qualifications of Members of the Boiise of
Bepreeentetlves; to the Oommittee on the
Judiciary.

H J. Res. 67. Joint resolution proposing an
amendment to the Ctmstitutlon of the
United SUtes relative to equal rlghte for men
and women; to the Committee on the Judi-
ciary.

HJ. Res. 58. Joint resolution requesting
the President to instruct the Permanent
RepresenUtive of the United SUtes to the
United Nations to request the Secxirity Coun-
cU without delay to convene the Arab SUtes
and the SUte of Israel and other interested
nations in a peace conference; to the Oom-
mittee on F(x«ign Affairs.
By Mr. 06MEBS:

H J. Res. 69. Joint resolution providing for
a Commission on Educational Standards to
Investigate standards in public primary and
secondary educational systems in the United
SUtes; to the Committee on Education and
Labor.

\i

I

J •

64

CONGRESSIONAL RECORD — HOUSE

January 3

1961

CONGRESSIONAL RECORD — HOUSE

65

^^^^ a-^A

nv\Mr r.AiranN-

H. Res. 45. Resolution to increase personal

HJt. 130B. A DIU to proniDIt tne use oi
Oovenunent property by any organization

tne rraerai oia-age, surrivore, ana aisaoiiiiy
insiirauce program for needy Individuals over

United states reserrlng to the Statee ezcla-

64

CONGRESSIONAL RECORD — HOUSE

January 3

H^. Res. 60. Joint resolution to provide
for a conference consisting of Federal. State.
and local offlclaU. and members of public
•nd prtvate groups or organizations to con-
sider and propose methods ot, and to co-
ordinate acUon for, combating the traffic in
obscene matters and materials; to the Com-
mittee on the Judiciary.

HJ. Res. 81. Joint reeolution proposing an
amendment to the Constitution prohibiting a
State from discriminating on the basis of res-
idence In taxing income; to the Committee
on the Judiciary.

By Mr. POP^:
H J. Res. ea. Joint resolution proposing an
amendment to the Constitution of the United
Sta'.:a empowering the Congress to authorize
the Prertdent to approve and disapprove sep-
arate items or provisions la appropriation
bills; to the Committee on the Judiciary.

H.J. Res. 63. Joint resolution to authorize
transfer of a percentage of tax collections
from individual and corporate Income taxes
to the States and territories for xise for
•duoational purposes only, and for other ptw-
posss; to the Committee on Ways and Means.
By Mr. POWELL:
HJ. Res. 84. Joint resolution proposing an
amendment to the Constitution of the United
States to abolish the death penalty under
the laws of the United States, any State,
or any other place subject to the Jurisdic-
tion of the United States; to the Committee
on the Judiciary.

By Mr. ROBISON:
HJ. Bes. 66. Joint resolution to provide for
a ccnunlsslon to study and report on the
Influence of foreign trade upon business and
tndustrUl expansion in the United States;
to the Committee on Ways and Means.

HJ. Res. 66. Joint resolution to establish
Deomnber 16 of every year as Bill of Rights
Day; to the Committee on the Judiciary.
By Mr. ROGERS of Colorado:
H J. Res. 67. Joint resolution to amend the
Internal Revenue Code of 1954 so as to estab-
lish an equitable depletion rate for oil shale
with those depletion rates now aUowed for
oU and gaa wells: to the Committee on Ways
and Means.

By Mr. ROGERS of Texas:
H J. Res. 68. Joint resolution providing for
• study to be conducted to determine and
(•port to the Congress on ways and means
of irKr*"<««"g and modernizing the Foreign
Service of the United States; to the Com-
mittee on Foreign Affairs.

HJ. Res. 69. Jdnt resolution proposing an
amendment to the Constitution with respect
to the admission of new States as sovereign
States of the United States; to the Commit-
tee on the Judiciary.

HJ. Res. 70. Joint resolution proposing an
amendment to the Constitution to authorize
Congress to limit the power of courts of the
United States to determine that statutes of
the United States or of any State are re-
pugnant to the Constitution of the United
States: to the Committee on the Jiidlclary.
By Mrs. ST. GEORGE:
HJ. Res. 71. Joint resolution providing for
the revision of the Status of Forces Agree-
ment and certain other treaties and Interna-
tional agreemente, or the withdrawal of the
United States from such treaties and agree-
ments, so that foreign coimtrles will not have
criminal Jurisdiction over American Armed
^rces personnel stationed within their
boundaries; to the Committee on Foreign
Affairs.

By Mr. SAUND:
HJ.Bes. 72. Joint resolution directing the
Secretary of the Interior to continue cer-
tain studies on the quality of water of the
Colorado River and related matters, and
to report thereon to the Congress: to the
Oommlttee on Interior and Insular Aflalzs.
By Mr. l^AQUS of Texas:
HJ. Res. TS. Joint resolution providing for
A study by the Veterans' Administration Into

ths problems of veterans who are elderly,
chronically ill. or otherwise handicapped;
to the Committee on Veterans' Affairs.
By Mr. THOMPSON of Louisiana:
H J Res. 74. Joint resolution proposing an
amendment to the Constitution of the
United States to enable the Congress. In aid
of the common defense, to function effec-
tively in time of emergency or disaster; to
the Committee on the Judiciary.

H.J. Res. 75. Joint resolution to authorize
the Secretary of Commerce to sell certain
war-buUt vessels; to the Committee on Mer-
chant Marine and Fisheries.
By Mr. UD ALL:
H.J. Res. 78. Joint resolution proposing an
amendment to the ConsUtutlon of the
United SUtes providing for the popular elec-
tion of President and Vice President of the
United States; to the Committee on the Ju-
diciary.

H J Res. 77. Joint resoluUon proposing an
amendment to the ConstltuUon of the United
States to repeal the 22d amendment thereto;
to the Committee on the Judiciary.

HJ Res. 78. Joint resolution proposing an
amendment to the ConsUtuUon of the United
States providing that cerUin unsuccessful
candidates for the office of President shall be
Members of the Senate; to the Committee
on the Judiciary.

By Mrs. WEIS:
H J. Res. 79. Joint resolution designating
November 19. the anniversary of Uncoln's
Gettysburg Address, as Dedication Day; to
the Committee on the Judiciary.

H J Res. 80. Joint resolution proposing an
amendment to the ConsUtutlon of the United
States relative to equal rights for men and
women; to the Committee on the Judiciary.
By Mr. WIDNALL:
HJ Res. 81. Joint resolution proposing an
amendment to the Constitution of the United
States relaUng to the right of citizens of the
United States 18 years of age or older to vote;
to the Committee on the Judiciary.
By Mr. TOUNGKR (by request) :
HJ.Ree. 83. Joint resolution designating
the Luther Burbank Shasta daisy as the na-
tional flower of the United States; to the
Committee on House Administration.
By Mr. ZABLOCKI:
H.J. Res. 83. Joint resolution to amend the
Employment Act of 1946 to provide that a
continuing policy and responsibility of the
Federal Government la to promote reasonable
stability of the level of cons\uner prices; to
the Committee on Government Operations.
H J. Res. 84. Joint resolution proposing an
amendment to the Constitution of the
United States relating to the election of
President and Vice President; to the Com-
mittee on the Judiciary.
By Mr. ZELENKO :
H J. Res. 86. Joint resolution providing for
the establishing of the fwmer dwelling house
of Alexander Hamilton as a national monu-
ment; to the Committee on Interior and In-
sular Affairs.

By Mr. TEAGUE of Texas:
H.J. Res. 86. Joint resolution providing for
the esUbUshment of a pilot project of as-
sistance to veteran's organizations operat-
Uig centers for disabled veterans to gain
experience in the practicability of such a
program; to ths Committee on Veterans'
Affairs.

By Mrs. GRESN of Oregon:
HJ. Res. 87. Joint resolution to authorize
the President of the United States to confer
a medal on Dr. Thomas Anthony Dooley in;
to the Committee on Banking and Currency.
By Mr. ZABLOCKI :
H. Con. Res. 2. Ooncxurent resolution to
establish a Joint Committee on Oentral in-
telllgenoe; to the Committee on Rules.
ByMrs.KXLLY:
H. Con. Rae. 3. Concurrent resolution estab-
lishing a Jc^nt Committee on Intelhgenee
Matters; to ths Oommlttee on Bules.

ByMr.BAILST:
H Con Res. 4. Concxirrent resolution de-
claring the sense of the Congress that no
further reductions In tariffs be made dur-
ing the Ufe of the present Reciprocal Trade
Agreements Act; to the Committee on Ways
and Means.

By Mr. BENNETT of Florida:
H. Oon. Res. 5. Concurrent resolution re-
garding the right of self-defense of the par-
ties to the Inter-Amerloan Treaty of Re-
ciprocal Assistance In forestalling Interven-
tion, domination, control, and colonization
by International communism In the New
World; to the Committee on Foreign Affairs.
By Mr. BOGOS:
H. Con. Res. 6. Concurrent res<dutlon ex-
pressing the sense of the Congrsas with re-
spect to a program for pajrlng the national
debt; to the Committee on Ways and Means.
By Mr. E0M0ND60N:
H Con. Res. 7. Concxirrent resolution de-
claring the sense of Congress on the use of
a Great White Fleet In support of American
foreign policy; to ths Commlttes on Armed
Services.

H. Con. Bes. 8. Concurrent resolution de-
claring the sense of Coognat on the dosing
of Indian hospitals; to the Oommlttee on In-
terior and Insular Affairs.
By Mr. FABBSTSIN:
H. Con. Res. 9. Concurrent resolutlan es-
taWlfthtng a Joint Committee on InteUlgence
Matters; to the Committee on Rules.
By Mr. FLYNT:
H Oon. Bes. 10. Concurrent rsaolutlon ex-
pressing the sense of Congress that the
United States should not gr&nt further tariff
reductions In the present tariff negotiations
under the provisions of the Trade Agree-
ments Extension Act of 19<fc, and for other
purposes; to the Committee on Ways and
Means.

By Mr. HEBSTAND:
H. Con. Res. 11. Concurrent res<dutlon ex-
pressing the sense of the Congress with re-
spect to the reconsideration of the criteria
to be applied under the Buy American Act;
to the Committee on Public Works.
By Mr. IKA£LD of Texas:
H. Con. Res. 12. Concurrent resolution au-
thorlzli^ the prlnUng of additional copies
of House Document 412. 8«th Congress; to
the Committee on House Administration.
By Mr. JENNINGS:
U. Con. Res. IS. Concurrent resolution to
create a Joint Committee on a National
Fuels Study; to the Committee on Bules.
By Mr. MOORB:
H. Con. Res. 14. Concurrent resolution to
create a Joint Committee on a National
Fuels Study; to the Committee on Rules.
By Mr. MULTKR:
H. Con. Res. 15. Concurrent resolution to
establish a Joint Committee on Consumer*;
to the Committee on Rules.

H. Con. Res. 18. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the establishment of uniform traffic
laws throughout the United States; to the
Committee on Interstate and Foreign Com-
merce.

By Mr. O'NEILL:
H. Con. Res. 17. Concurrent resolution ex-
pressing the senre of Congress that all of our
UJ3. naval shipyards and facilities be main-
tained on a fully manned operational basis
performing essential Navy or other Depart-
ment of Defense work in the Interest of our
national defense, and that the President of
the United States be urged to Instruct the
Secretary of Defense to take all necessary
steps to Insure this end. Including the Im-
mediate cancellation and withdrawal of any
and all Instructions or orders Issued or con-
templated by the Department of the Nary
Incompatible with this piupoee; to the Com-
mittee on Armed Services.
By Mr. POFT:
H. Coo. Res. 18. Concurrent resolution rela-
tive to the exercise by Uie PresMent of the

at*

r^mvrrii? pcciriM at n nmn r% — HOI T^F

Innii/iim .9

aster; to tne committee on the judiciary.

committee on tne juoioiary.

1961

CONGRESSIONAL RECORD — HOUSE

66

United SUtes of veto powers over Items in
certain bills; to the Committee on Rules.
By Mr POWELL:

H. Con. Res. 19. Conctirrent resolution ex-
pressing the sense of Congress In regard to
United NaUons Charter revision, and for
other purposes; to the Committee on Foreign
Affairs.

By Mrs. ST. GEORGK: ^

H Con. Res. 20. Concurrent resolution ex-
pressing the sense of Congress In favor of
granting relief to the domestic carpet indus-
try; to the Committee on Ways and Means.

HCon. Res. 21. Concurrent resolution ex-
preesing the sense of the Congress with re-
spect to a program for paying the national
debt; to the Committee on Ways and Means.
By Mr. SAYLOR:

H Con. Res. 22. Concurrent resolution to
establish a Joint Committee on a National
Fuels Study; to the Committee on Bules.
By Mr. SAUND:

B. Con. Bes. 23. Concurrent resolution ex-
I^esslng the sense of Congi'ess desiring free-
dom of speech and freedom of press In
countries receiving mutual security aid; to
the Committee on Foreign Affairs.
By Mr. SCHNESBELI:

H. Con. Res. 24. Concurrent resolution ex-
prenlng the sense of Congress In favor of
granting reUef to the domestic carpet In-
dustry; to the Committee on Ways and

Means.

By Mr. TEAGU* of Texas:
HCon. Res. 25. Concxirrent resolution au-
thorlalng the printing of additional copies
of a "Veterans' BeneflU Calculator"; to the
Committee on House Administration.
By Mr. ZABLOCKI:
H. Con. Res. 26. Concurrent resolution to
provide for the creation of a Joint Commit-
tee on Consumer IntMesU; to ths Oommlt-
tee on Rules.

H. Con. Res. 27. Concurrent resolution to
promote peace through the reduction of
armaments; to the Committee on Foreign

Affairs.

By Mr. DKNT:
H Con. Res. 38. Concurrent resolution to
oreate a Joint Committee cm a National PusU
Study; to the Committee on Rul^
By Mr. FENTON:
H. Con. Res. 29. Concurrent resolution to
create a Joint Conmilttee on a National Fuels
Study; to the Committee on Rules.
By Mr. HECHLER:
H. Oon. Res. 30. Concurrent resolution to
create a Joint Committee on a NaUonal Fuels
Study; to the Committee on Rules.
By MTs.KEE:
H. Con. Res. 81. Concurrent reeolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Rules.
By Mr. MORGAN:
H. Con. Res. 32. Concurrent resolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Hulas.
By Mr. PKRKINS:
H. Con. Res. 83. Ooncturent resolutton to
create a Joint Committee on a National
Fuels Study; to the Committee on Rules.
By Mr. VAN ZANDT:
H. Oon. Res. 34. Concurrent resolution to
create a Joint Committee on a National
Fuels Study; to the Committee on Biiles.
By Mr. KIARN8:
H. Res. 21. Resolution creating a select
committee to Inspect the gold reserve at Fort
Knox and other places; to the Committee on
Rules.

By Mr. BENNETT of Florida:
H. Res. 22. Resolution to provide a resi-
dence for pages; to ths Committee on House
Administration .

By Mr. BUCKLET:
H. Res. 23. Resolution authorizing the
Committee on Public Works to conduct
studies anu Investigations within the Juris-
diction of such committee: to the Commit-
tee on Rtiles.

cvn 6

By Mr. CANNON:
H. Res. 24. Reeolution to provide for the
reporting of 1962 appropriations In one con-
solidated bill; to the Committee on Rules.
By Mr. EVI*I8:
H. Res. 25. Resolution to name and dedi-
cate the three Hotise Office Buildings; to the
Committee on Public Works.
By Mr. FOG ARTY:
H. Bes. 26. Resolution to provide for the
unity of Ireland; to the Committee on For-
eign Affairs.

By Mrs. GRIFFITHS:
F. Res. 27. Resolution to provide equal ac-
cess for all news media before proceedings of
the House: to the Committee on Rules.

H. Res. 28. Resolution to amend the Rules
of the House of Representatives; to the Com-
mittee on Rules.

By Mr GROSS:
H. Res. 29. Resolution creating a standing
Committee on Small Business in the House
of Representetives; to the Committee on
Rxiles.

H. Res. 30. Resolution creating a select
committee to conduct an investigjation and
study of the subsidies paid by the Federal
Government; to the Committee on Rules.

H. Res. 31. Resolution to provide funds for
the expenses of the investigation and study
authorized by House Resolution 80; to the
Committee on House Administration.

H. Res. 32. Resolution to amend clause 6
of rule XXI of the Rules of the House of
Representetives; to the Committee on Rules.
By Mr. HIESTAND:
H. Bes. 33. Resolution amending the Rules
of the Hotise of Representatives so as to
create a stendlng committee to be known as
the Committee on Independent Unions; to
the Committee on Rules.

H. Res. 34. Resolution creating a select
committee to conduct an Investigation and
study of the commitment of persons to men-
tal institutions; to the Conmilttee on Rules.
H. Res. 35. Resolution to provide funds for
the expenses of the Investigation and study
authorized by House Reeolution 34; to the
Committee on House Administration.

H. Res. 38. Resolution authorizing the ap-
pointment of a special committee to study
and investigate the dlsposltton of certain
Federal funds; to the Committee on RtUes.
H. Res. 37. Resolution amending the rules
of the Hovise; to the Committee on Rules.
By Mr. JOHANSEN:
H. Res. 38. Resolution creating a select
committee to conduct an Investigation and
study of the seizure and detention of Ameri-
can citizens In foreign countries; to the
Committee on Rules.
By Mr. LAIRD:
H. Res. 39. Resolution creating a select
committee to conduct a study of the fiscal
organization and procedures of the Congress;
to the Committee on Rules.
By Mr. LIPSCOMB:
H. Res. 40. Resolution creating a select
committee to conduct a study of the fiscal
organization and procedures of the Congress;
to the Committee on Rules.
By Mr. McDONOUGH:
H. Res. 41. Resolution expressing the sense
of the House of Representatives with respect
to the more frequent display of the flag of
the United Stetes; to the Committee on the

Judiciary.

By Mr. MULTER:
H. Res. 42. Resolution ereatljig a select
committee on consumer Interests; to ths
Committee on Rules.

H. Res. 43. Resolution authcrlelng ths
Committee on Banking and Currency to con-
duct studies and Investigations relating to
matters within Ite Jurisdiction; to the Com-
mittee on Rules.

H. Bes. 44. Resolution authorizing tb*
Committee on Banking and Cumaicy to con-
duct studies and investigations testing to
matters within Its Jurlsdlctloai; to the Com-
mittee on Bxiles.

H. Res. 45. Resolution to Increase personal
Income tax exemptions; to the Committee
on Ways and Means.

By Mr. PATMAN:
H. Res. 46. Resolution creating a select
committee to conduct studies and Investi-
gations of the ])roblems of small business;
to the Committee on Rules.
By Mr. POFF:
H. Res. 47. Reeolution creating a select
committee to conduct a study of the fiscal
organization and procedtires of the Congress;
to the Committee on Rules.

By Mr. ItOGERS of Texas:
H. Res. 48. Resolution creating a select
committee to conduct an investigation with
respect to the real property owned by the
United States; to the Committee on Rules.
By Mr. TEAGUE of Texas:
H. Res. 49. Refiolution to authorize the
Committee on Veterans' Affairs to conduct
investigations and studies; to the Committee
on Rules.

H. Res. 50. Reeolution to provide for the
further expenses of the investigation and
study authorized by House Resolution 49; to
the Committee on House Administration.
By Mr. YOUNGER:
H. Res. 51. Resolution creating a select
committee to conduct a study of the fiscal
organization and procedures of the Congress;
to the Committee on Rules.

H. Res. 52. Resolution to provide a resi-
dence for pages; to the Committee on House
Administration .

By Mr. ZABLOCKI:
H. Res. 53. Resolution providing for the
commemoration of the death of Gen. Osslmlr
Pulaski on October 11 of each calendar year;
to the Committee on the Judiciary.
By Mr. ZELENKO :
H. Res. 54. Resolution to provide for tha
unity of Ireland; to the Committee on For-
eign Affairs.

By Mr. BROOKS of Louisiana:
H Res. 56. Resolution to authorize ths
Committee on Science and Astronautics to
conduct studies and mvestigations and make
Inquiries with respect to aeronautical and
other scientific research and development
and outer space; to the Committee on Rules.
By Mr. CELLER:
H Res. 56. Resolution authorizing the
Committee on the Judiciary to conduct
studies and investigations relating to certain
matters within ite Jurisdiction; to the Com-
mittee on Rules.

By Mr. LANE:
H. Res. 57. Resolution to provide that the
Committee on Education and Labor shall
conduct Investigation and study of discrimi-
nation In employment against persons 40 or
more years of age; to the Committee on
Rules.

H. Res. 58. Resolution to authorize the
Committee on Interstate and Fc^cign Com-
merce to investigate and study safety of
design of motor vehicles used in interstate
commerce; to the Committee on Bules.
By Mr.LESINSKI:
H. Res. 59. Resolution to authorize the
Conimlttee on Post Office and Civil Service
to conduct a special investigation and study
with respect to the employment, utilization,
and retention of older workers in the civilian
service of the Federal Government; to th»
Committee on Rules.

By Mr. MORGAN :
H. Res. 60. Resolution authorizing the
Committee on Foreign Affairs to conduct a
full and complete Investigation of mattera
relating to the laws, regulations, directives.
and poUcles Including personnel pertaining
to the Department of Stete and such other
departments and agencies engaged prlmarUy
in the implernentetlon of U£. foreign poUcy
and XbB overseas operations, personnel, and
ttvri^wvLtm of departmente and agencies of the
United States which participate in the de-
velopment aaid execution of such poUcy; to
the Committee on Rules.

.4 /I /*.<

/nr\TWT^>» V7CCr/"«lWT A V V* Tif^r\T»TS.

•WJ*^">it TCTJ

*fT

66

CONGRESSIONAL RECORD — HOUSE

January 3

I

(I

H. Bm. 61. RMolution providing for ex-
pensM of conducting studies and investiga-
tions authorized by House Resolution 00; to
the Committee on House Administration.
By&fr. MULTER:

H. Res. 63. Resolution amending the Rules
of the House of Representatives to provide
that the Ck>inmlttee on Banking and Cur-
rency shall have Jiu-isdictlon over all con-
sumer problems; to the Conmilttee on Rules.
By Mr. POWELL:

H. Res. 63. Resolution expressing the sense
of the House of Representatives with respect
to the struggle of the African peoples for
independence and nationhood, and recogniz-
ing April 16, 1969. as African Freedom Day;
to the Committee on Foreign Affairs.
ByMrs. WEI8:

H. Res. 64. Resolution to authorize and
direct the Committee on the Judiciary to
conduct an investigation and study of the
Tarlous proposals for amending the Constitu-
tion of the United States with respect to the
method of electing the President and Vice
President of the United States; to the Com-
mittee on Rules.

MEMORIALS

Under clause 4 of rule XXn. memo-
rises were presented and referred as fol-
lows:

By the 8PKAKKR: Memorial of the Legisla-
ture of the State of Louisiana, memorializ-
ing the President and the Congress of the
United States to provide in the Constitution
and laws of the United States that all mem-
bers of the Federal Judiciary either shall be
elected or that their appointment shall be
for a stated period of time and not for life;
to the Committee on the Judiciary.

Alao, memorial of the Leglslatiu^ of the
State of Louisiana, memorializing the Presi-
dent and the Congress of the United States
to call a convention for the piupoec of pro-
posing amendments to the Constitution of
the United States for the control and opera-
tion of the public school system in the State
of Louisiana; to the Committee on the Judi-
ciary.

Also, memorial of the Legislature of the
State of Pennsylvania, memorializing the
President and the Congress of the United
States to pass emergency legislation provid-
ing for Federal grants to the States for the
extension of unemployment compensation
benefits for at least 3 months beyond the
expiration of regular benefits provided under
the State system: to the Committee on Ways
and Means.

PRIVA'n: BILLS AND RESOLUTIONS

Under clause 1 of rule XXII, private
bills and resolutions were introduced and
severally referred as follows:

ByMr.BROYHILL:

H.R. 1286. A biU for the relief of L. C.
Atkins * Son; to the Committee on the
Judiciary.

H H. 1387. A bUl for the relief of QuaUty
Seafood, Inc.; to the Committee on the
Judiciary.

H.R. 1288. A bill for the relief of Stanley
Hayman & Co., Inc.; to the Committee on
the Judiciary.

HJt. 1388. A bill for the relief of Isabelle A.
Samaha; to the Committee on the Judiciary.

H.R. 1200. A biU for the relief of Ernest
Morris; to the Committee on the Judiciary.

HJt. 1291. A bill for the relief of Oakley O.
Warren; to the Committee on the Judiciary.
By Mr. CHAMBXRLAIN:

Hit. 1202. A bill for the relief of Monlque
M. Olbbs* to the Committee on the Judiciary.

H.R. ISM. A bill for the relief of DJura
ZelenbabA; to the Committee on the Ju-
diciary.

HH. 1294. A bill for the relief of Tomo
Vidmar; to the Committee on the Judiciary.

HJl. 1296. A biU for the reUef of Sidina
Walters; to the Committee on the Judiciary.
By Mr. CHENG WETH:

H.R. 1296. A bill for the relief of Fred-
erick Hlng Lung Fung and Christopher Hing
Kul Fung; to the Committee on the Judi-
ciary.

By Mr. DOOLEY:

B.B.. 1297. A bill for the relief of Mrs.
Maud A. Provoost; to the Conunlttec on the
Judiciary.

HH. 1298. A bUl for the relief of Juliana
Poleac: to the Committee on the Judiciary.

HJl. 1209. A bUl for the relief of Domenlca
Rlccobono; to the Committee on the Judi-
ciary.

HJl. 1300. A bill for the relief of Epaml-
nondas Darlagiannls; to the Conmilttee on
the Judiciary.

HJl. 1301. A biU for the reUef of Theresa
Asphar; to the Committee on the Judiciary.

H.R. 1302. A bill for the reUef of Vilma
D. Beckles; to the Committee on the Judi-
ciary.

HJl. 1303. A bUl for the relief of Mrs.
Fortune Kurkjlan; to the Committee on the
Judiciary.

By Mr. DOYLE:

HJl. 1304. A bill for the relief of Jung
Hae; to the Conunlttee on the Judiciary.
ByMr. EVINS:

HJl. 1305. A bill for the reUef of Alvln C.
York; to the Committee on the Judiciary.
By Mr. FALLON:

H.R. 1306. A bill for the relief of Magda
Kusen Canjuga; to the Committee on the
Judiciary.

HJl. 1307. A bUl for the reUef of Tim
Ching; to the Conunlttee on the Judiciary.

H.R. 1308. A bill for the reUef of Dr. Salva-
tore Zannino; to the Committee on the Judi-
ciary.

HJl. 1309. A bill for the relief of George
Paschos, his wife, Demetra Paschos and
their minor child, Paraskevi Paschos; to the
Committee on the Judiciary.

HJl. 1310. A blU for the reUef of Dr. John
A. Kastretsios; to the Committee on the Judi-
ciary.

HJl. 1311. A bUl for the reUef of Dr. M. I.
H. Aleem; to the Committee on the Judiciary.

HJl. 1312. A bill for the relief of Domingo
Pabustan Garcia, Jr.; to the Committee on
the Judiciary.

ByMr. FASCBOiL:

HJt. 1313. A bill for the relief of Eddls O.
Ellzey; to the Committee on the Judiciary.
ByMr.FKNTON:

HJt. 1314. A bill for the reUef of Mrs.
Pagona Loukakou; to the Committee on the
Judiciary.

By Mr. FORRESTER:

HJt. 1316. A biU for the relief of Mrs. Klsle
J. Beamon; to the Conunlttee on the Judi-
ciary.

By Mr. FRISDEL

HJt. 1316. A bill for the relief of Howard
F. Knipp; to the Committee on the Judi-
ciary.

HJt. 1317. A bill for the relief of Jung Yee
Chan; to the Committee on the Judiciary.

HJt. 1318. A bill for the relief of Puk Lum
Kwong; to the Committee on the Judiciary.

H.R. 1810. A bill for the relief of Mrs.
Kazuko Zittle; to the Committee on the
Judiciary.

HJl. 1320. A bill for the relief of Edward
P. Wall; to the Committee on the Judiciary.

H.R. 1321. A bill for the relief of Anna
Toezser; to the Committee on the Judiciary.

HJt. 1322. A bill for the relief of Georges
Khoury; to the Oommlttee on the Judiciary.

HJl. 1823. A bUl tot the reUef of Kwong
Fuk Lum; to the Committee on the Judi-
ciary.

ByBAr. OARMATZ:

H.R. 1324. A biU for the relief of Sum Seto
and wife, Yee Sun BUun; to the Committee
on the Judiciary.

HJl. 1325. A bill for the relief of Mrs. Seto
Yiu Kwel; to the Committee on the Judi-
ciary.

By Mrs. GREEN of Oregon:

HJl. 1326. A bUl for the reUef of WUUam
H. Chinn; to the Committee on the Judici-
ary.

H.R. 1327. A bUl for the relief of Mrs. Wil-
liam H. Chinn; to the Conunlttee on the
Judiciary.

HJl. 1328. A biU for the reUef of Demetrlos
K. Georgaras; to the Conunlttee on the Ju-
diciary.

By Mr. GROSS:

H.R. 1329. A bill for the reUef of Kim
Hyoung Geun; to the Committee on the
Judiciary.

ByMr.JENNINOS:

H.R. 1330. A bill for the relief of Shoji
Hlroee; to the Committee on the Judiciary.
By Mr. KJLBURN:

HJl. 1331. A bUl for the reUef of Roukous
Sallmon Roukovis; to the Committee on the
Judiciary.

HJl. 1332. A bill for the reUef of Matilda
M. Schwarzmer and minor children; to the
Committee on the Judiciary.

By Mr. KINO of New York:

HJl. 1333. A bill for the reUef of A. N.
Deringer, Inc.; to the Committee on the Ju-
diciary.

HJl. 1334. A bUI for the reUef of Helen
Chan Chu (nee Yln-Lun Chan) ; to the Com-
mittee on the Judiciary.
By Mr. LANE:

H.R. 1335. A bill to provide for the award
of a suitable medal to George E. Clark; to the
Committee on Banking and Currency.

H.R. 1336. A blU for the relief of Anna
Catania Pugllsi; to the Committee on the
Judiciary.

H.R. 1337. A blU for the relief of Amelia
Andreoli D'Attorre; to the Committee on
the Judiciary.

HJt. 1338. A bin for the reUef of WUliam
W. Stevens; to the Committee on the Judi-
ciary.

By Mr. LE8INSKI:

H.R. 1339. A bUl for the relief of Irma T.
Demeter; to the Committee on the Judiciary.

HJl. 1340. A bill for the reUef of Monlka
Itrjma; to the Committee on the Judiciary.
By Mr. LIBONATI:

H.R. 1342. A biU for the reUef of Konstan-
tlnoe T. Roumellotis; to the Committee on
the Judiciary.

HJl. 1343. A bill for the relief of Mrs. Pa-
nagioto Roumellotis; to the Committee on
the Judiciary.

H.R. 1344. A bill for the relief of 8FC (B-7)
Frederick W. Heedt. RA1627914; to the Com-
mittee on the Judiciary.

By Mr. McDONOUGH:

H.R. 1345. A bill to authorize Otto K. Ole-
sen. the postmaster of the U.8. post office at
Los Angeles, Calif., to accept and wear the
decoration tendered him by the Government
of the Kingdom of Denmark; to the Commit-
tee on Foreign Affairs.

By Mr. MAILLIARD:

HJl. 1846. A bill for the relief of John Na-
poli; to the Committee on the Judiciary.
By B4r. MATTHEWS:

HJl. 1347. A bill for the relief of Adolf M.
Bailer; to the Committee on the Judiciary.

HJl. 1348. A bill for the relief of William
Biunice Joyner; to the Committee on the
Judiciary.

ByMr.MICllSL:

HJt. 1349. A bill for the relief of Fong
Houck Pong; to the Committee on the Judi-
ciary.

ByMr.MONAOAN:

HJt. 1360. A bill for the relief of Ouerino
Vendlttl; to the Committee on the Judiciary.
By Mr MOORE'

HJt. 1351. A bill for the relief of Donica
Dopudja; to the Committee on the Judiciary.
ByMr. MXTLTSR:

HJt. 1352. A bill for the reUef of Giuseppe
Aniello; to the Committee on the Judiciary.

1961

CONGRESSIONAL RECORD — HOUSE

67

HJt. 1853. A bin for the relief otf Max
Bleler: to the Oommlttee on the Judiciary.

HJl. 1854. A bill for the relief of Issac V.
Caraeocly and Albert Caracocly; to the Oom-
mlttee on the Judiciary.
By Mr. O'NKILL:

HJt. 1358. A bm for the relief of Anthony
Flamboorls; to the Oommlttee on the Judi-
ciary.

HH. 1856. A bill for the relief of Smllyko
Andres and Joslp Tomae; to the Committee

on the Judiciary.

By Mr. 08TERTA0:

HJt. 1357. A bm for the relief of Mrs. Helen
Cola; to the Committee on the Judiciary.
By Mr. POFF:

HJl. 1368. A bill for the relief of Bryant
David Virmani; to the Committee on the
Judiciary.

By Mr. RODDVO:

HJl. 1360. A bill for the relief of Mario
Rodrtgues Fonseca; to the Committee on the
Judiciary.

HJl. 1360. A bill for the relief of Anna B.
Prokop; to the Committee on the Judiciary.
By Mr. ROGERS of Texas:

HJt. 1361. A bm for the relief of James M.
Norman; to the Committee on the Judiciary.
By Mr. ROONEY:

HJt. 1362. A bm for the relief of Calogera
Vlrone Messina; to the Committee on the
Judiciary.

HJt. 1363. A bm for the relief of ESeklel
Cohen; to the Committee on the Judiciary.

H.R. 1364. A bill for the relief of Mark
Kohn; to the Committee on the Judiciary.

H.R. 1365. A bm for the relief of Jean Mal-
andrtno; to the Committee on the Judiciary.

HJl. 1366. A bm for the relief of Hans E. T.
Hansen; to the Committee on the Judiciary.

HJl. 1367. A bm for the relief of MJna and
Henek Sznaider; to the Committee on the

Judiciary.

By Mr. ROONET (by request) :

HJt. 1368. A bill for the relief of Maurice
Devlin; to the Committee on the Judiciary.
By Mr. ROONEY:

HJt. 1360. A bm for the relief of Zsuasanna
Reisz; to the Committee on the Judiciary.

HJl. 1370. A bm for the reUef of Martin
Albert Maldenbaum; to the Committee an
the Jiidlciary.

By Mrs. ST. GEORGE:

H^. 1871. A bm for the relief of Mario
L. Minlchlnl; to the Committee on the Ju-
diciary.

H.R. 1372. A bm for the relief of Rocco
Cambrea; to the Committee on the Judi-
ciary.

H.R. 1S73. A bUI for the relief of Rosa
Perna; to the Conunlttee on the Judiciary.

H.B. 1874. A bm for the relief of Seymour
Robertson; to the Committee on the Judi-
ciary.

ByMr.SAUND:

HJt. 1875. A bm to provide for the con-
veyance of certain real property of the
United States to the former owner thereof;
to the Committee on Agrlctilture.
By Mr. 8I8K:

H.R. 1376. A bm for the relief of Slrvart
Nalbandlan (also known as Serwart Nall}an-
dian) ; to the Committee on the Judiciary.

HJl. 1377. A bill for the relief of Nicholas
X. Vlllareal; to the Committee on the
Judiciary.

H.R. 1378. A bm to authorize the Secretary
of the Interior to enter Into an exchange of
certain land in Madera County, Calif., with
Mary Saunders Moses; to the Committee oa
Interior and Insular Affairs.
By Mr. SMITH of Iowa:

HJt. 1370. A bm for the relief of the de-
pendents or estate of Carroll O. Switser; to
the Committee on the Judiciary.

HJt. 1380. A blU conferring JurladlcUon
upon the n.S. District Coiut for the South-
ern District of Iowa to hear, determine, and
render Judgment on the claims of Wmiam
R. Hartung against the United States; to
the Committee on the Judiciary.

By Mr. 8TRATTC»V:

HJl. 1881. A bm for the relief cA Helena
Szlank; to the Conunlttee on the Judiciary.

HJt. 1388. A bm for the reUel of Gerald
Levine; to the Committee on the Judiciary.

H.R. 1388. A bm for the relief of Hyacinth
Louise Mmer; to the Committee on the
Judiciary.

H.R. 1884. A bm for the reUef of Gennaro
Colangelo; to the Committee on the Judi-
ciary.

By Mr. TKAOUE of California:

HJl. 1886. A bm for the reUef at Seraflma
Afrakova Ponomaroff; to the Committee on
the Judiciary.

HJl. 1386. A bUl for the reUef of Emast
Delle Femine; to the Committee on the
Judiciary.

H.R. 1387. A blU for the reUef of Mrs.
Angelina Augusta Femandes Gorgulho; to
the Conunlttee on the Judiciary.

HJl. 1388. A bm for the reUef of Tai Ja
Lim and Tal Chung Llm; to the Committee
on the Judiciary.

H.R. 1389. A bill for the relief of Vlto An-
tonio, Mattla Caterina, and Guiseppe Leo;
to the Committee on the Judiciary.

H.R. 1390. A bm for the relief of Jung
Ngon Woon; to the Committee on the Judi-
ciary.

HJl. 1801. A bm for the relief of Mrs.
Wong, Lan Sau Kan; to the Conmaittee on
the Judiciary.

HJt. 1392. A bm for the relief of Carlos
Ernesto Schaps; to the Committee on the
Judiciary.

By Mr. TEAGUE of Texas:

HJl. 1393. A bUl for the relief of Mr. Earl
H. Pendell; to the Committee on the Judi-
ciary.

By Mr. WALTER:

HJt. 1394. A bm for the relief <rf Laoslo
Hamorl; to the Committee on the Judiciary.

H.R. 1395. A bUl for the relief of Sydney
Oruson; to the Committee on the Judiciary.
By Mr. YATES:

HJt. 1396. A bm for the relief at Oonstan-
ttn Magaf as; to the Committee on the Judi-
ciary.

By Mr. YOUNGER:

H.R. 1397. A bm for the relief of Arthur B.
Tlndell; to the Committee on the Judiciary.

HJl. 1398. A bUl for the reUef of Juan Reys
Arias; to the Committee on the Judiciary.

HJt. 1390. A bm for the relief of Mrs. Jo-
sefs Pidlaoan and daughter. Annabelle Pld-
laofm; to the Committee on the Judiciary.
By Mr. ZELENKO:

HJl. 1400. A bill for the relief of Louie Sul
Doon; to the Committee on the Judiciary.
By Mr. ANFU80:

HJt. 1401. A bm for the reUef of Miriam
Mermelstein; to the Committee am. the Judi-
ciary.

HJt. 1402. A blU tar the relief of Maria Do-
menlca Donata Taddeo; to the Committee on
the Judiciary.

HJt. 1403. A bm for the relief of Maria
CusTunano; to the Committee on the Judi-
ciary.

H.R. 1404. A bm for the relief of Mrs. Fran-
ces Manglaraclna and her children, Concetta
Maria, Bosetta, and Tomaslno; to the Com-
mittee on the Judiciary.

H.R. 1406. A bUI for the relief of Dahlia
Oiscombe; to the Committee on the Judi-
ciary.

HJ3. 1406. A bm for the relief at George K.
Lee, Sopliie Lee, and their children, David,
Irene, and Mary; to the Committee on the
Judiciary.

HJt. 1407. A bill for the relief of Mlnoru
Tanaka; to the C<nnmlttee on the Judiciary.
By Mr. BROYHILL:

H.B. 1408. A bm for the relief of Mrs.
Dorothy (Hyman) Monk; to the Oommlttee
on the Judiciary.

HJt. 1400. A bm for the relief of Anna
Koukoula; to the Committee on the Judi-
ciary.

H.R. 1410. A bm for the relief of Norman
R. Tharp; to the Committee on the Judi-
ciary.

HJt. 1411. A bm for the reUef of Margaret
P. Copin; to the Committee on the Judiciary.

HJt. 1412. A bm for the relief of Mrs.
Rulon F. Sheers; to the C<»nmittee on the
Judiciary.

HJl. 1413. A bm for the relief of Mrs.
Louisa Caparrini Ouasti; to the Oommlttee
on the Judiciary.

HJl. 1414. A bm tat the relief cf Worth-
Ington OU ReOners, Inc.; to the Committee
on the Judiciary.

ByMr.CAHILL:

HJt. 1415. A Mil for the relief of BmUio
Dusslch; to the Committee on the Judiciary.

HJR. 1416. A bm for the relief of Ma^
Mlnniti; to the Committee on the Judiciary.
By Mr. COLLIER:

HJl. 1417. A bm for the reUef of Wladys-
lawa Jarzmlk-Stempniak; to the Committee
on the Judiciary.

HJl. 1418. A bm for the reUef of Anastasl*
Therlos and George Therios; to the Com-
mittee on the Judiciary.

HJt. 1419. A bm for the reUef of Casmir
Wodzisz; to the Committee on the Judiciary.

■as.. 1420. A bm for the reUef of Maria
Grasia Mordlni; to the Committee on the
Judiciary.

HJl. 1421. A bUl for the reUef of Bedros
Kurdeklan, A^^avnl Eurdekian, and Zabel
Xurdddan; to the Oommlttee on the Judi-
ciary.

By Mr. DERWINSKI:

HJt. 1423. A bm for the relief of Mrs.
Agavnl Yaaidoglu; to the Oommlttee on the
Judiciary.

HJt. 1423. A bill fcH- the relief of Bay Kow
Jung; to the Committee on the Judiciary.

HJl. 1424. A bm for the reUef of Benjamin
E. Campbell; to the Committee on the
Judiciary.

H.R. 1425. A bm for the reUef of Marian
Walczyk; to the Committee on the Judiciary.

HJl. 1426. A bill for the reUef of Marya
Marek; to the Committee on the Judiciary.

H.R. 1427 A bm for the relief of Miss Anka
Orahovac; to the Committee on the Judi-
ciary.

ByMr. FALLON:

HJl. 1428. A bm tat the relief of Alberto
Martinez Midano; to the Ccnunlttee oa tte
Judiciary. -"^ •

HJt. 1429. A bill for the relief of Thaaoe
Thanopoulos; to the Committee on the Judi-
ciary.

HJl. 1430. A bm for the relief of Jesus
Alvama Rodrigues; to the Conunlttee on the
Judiciary.

HJt. 1431. A bm for the reUef of MarU
Lagos; to the Committee on the Judiciary.
ByMr. FEIGHAN:

H.R. 1432. A bm for the relief of Jozef
Wypasek, Krystyna Wypasek, and Wladyslaw
Wypasek; to the Committee on the Judiciary.

HJl. 1433. A bm for the relief of Terry
Shirley Stueber; to the Committee on the
Judiciary.

By Mr. HAGEN of California:

HJl. 1434. A bill for the relief of Wade H.
Ashley, Jr.; to the Committee on the Judi-
ciary.

HJl. 1435. A bm for the relief of Jacinto
Machado Ormonde; to the Committee on the
Judiciary.

ByMr. HEALEY:

HJl. 1436. A bin few the relief of Adelaide
Lamanna Fava; to the Committee on the
Judiciary.

HJl. 1437. A blU fOT the relief of Agostlno
Aurillo; to the Oommlttee on the Judiciary.
By Mr. HUDDUSSTON:

H.R. 1438. A bm for the relief of Bonis
Gregoriades; to the Oommlttee on the Ju-
diciary.

By Mr. nCARD of Texas:

HJl. 1430. A bin for the reUef of Myra
BInowles; to the Committee on the Judiciary.

68

CONGRESSIONAL RECORD — HOUSE

January S

I

»!

By Mrs. KKLLT:

H.R. 1440. A bUl for the relief of Mary
O'Brien Smith; to the Committee on the Ju-
diciary.

By Mr. KLUCZTNSKI:

H.R. 1441. A bill for the relief of Adam and
Kdmund Wojtowlcz; to the Committee on
the Judiciary.

HJl. 1442. A Mil for the reUef of Krystyna
SynowiecU; to the Committee on the Ju-
diciary.

HJl. 1443. A bin for the relief of Eva Anna
Marchewka; to the Committee on the Ju-
diciary.

HJl. 1444. A bill for the relief of Kazlmlerz
Niezabltowski; to the Committee on the Ju-
diciary.

H Jt. 1445. A bill for the relief of Eugenlusz
Kublckl; to the Committee on the Judiciary.

HJl. 1446. A bUl for the relief of Broni-
slawa FrancujB; to the Committee on the Ju-
diciary.

HJR. 1447. A bill for the relief of Wladys-
law Plg\ira; to the Committee on the Judi-
ciary.

ByBfo.MAILUARD:

H.R. 1448. A bill for the relief of Bartolome
Borisantos Regino; to the Committee on the
Judiciary.

HH. 1449. A bill for the relief of Ool. John
T. Malloy: to the Committee on the Judi-
ciary.

H.R. 1460. A bill for the relief of Maria
Odella Campos; to the Committee on the
Judiciary.

By Mr. MARTIN of Massachusetts:

HJX. 1481. A bill for the relief of Mrs.
Elfriede Prlschl Rogers; to the Committee on
the Judiciary.

By Mr. MICHEL:

HK. 1463. A blU to authorize the sale of
a portion of the former light station prop-
erty in Scituate, Mass.; to the Committee on
Merchant Marine and Fisheries.
By Mr. MOORE:

HJl. 1463. A bill for the relief of Mario
Menna; to the Committee on the Judiciary.
By Mr. MULTER :

HJl. 1464. A bill for the relief of Isidor
Sturm and his wife. Olga Sturm; to the
Committee on the Judiciary.

By Mr TEAOUE of California:

HJt. 1466. A bill for the relief of Domina-
dor D. Oaldo; to the Committee on the Judi-
ciary.

ByMr.RODINO:

HJl. 1466. A bill for the relief of Danica
Canjar; to the Committee on the Judiciary.

HJl. 1467. A bUl for the relief of Miss
Josefa Castrelos Cabalerio; to the Committee
on the Judiciary.

By Mr. ROBERTS:

HJl. 1468. A bill for the relief of Lee Dock
On; to the Committee on the Judiciary.
By Mr. TEAOUE of California:

HJl. 1469. A bill for the relief of EN/ 2
Hideo Chuman, UJ3. Navy; to the Committee
on the Judiciary.

By Mr. WALTER:

H.R. 1460. A bill for the relief of James
Walter or Wongo Alfonso Walter; to the Com-
mittee on the Judiciary.

By Mr. WILSON of California:

HJl. 1461. A bill for the relief of Pedro
Bigomia Bandayrel; to the Committee on the
Judiciary.

H.R. 1462. A bill for the relief of Diomey
8. Pondoc; to the Committee on the Ju-
diciary.

HJl. 1463. A bUl for the relief of Josephine
Abuan; to the Committee on the Judiciary.

HJl. 1464. A bill for the relief of Demltrlos
P. Oeorgantas and Maria Aslanldls Oeorgan-
tas; to the Committee on the Judiciary.

H.R. 1465. A bill for the relief of Julia and
Alfredo Javier; to the Committee on the
Judiciary.

H.R. 1466. A bUl for the relief of Rudolfo
I. Oarcellano; to the Committee on the Ju-
diciary.

HJl. 1467. A bUl for the reUef of Modeeta
Pltarch-Martln DauphlnaU; to the Oommlt-
tee on the Judiciary.

H.R. 1468. A bill for the relief of Joseph
Salvatore LoMedlco; to the Committee on the
Judiciary.

H.R. 1469. A bin for the relief of Mrs. Lee-
lie M. Paterson, Janet Paterson, and Mary
Paterson; to the Committee on the Judiciary.

HJl. 1470. A bill for the relief of Howard
Chan; to the Committee on the Judiciary.

HJl. 1471. A bill for the relief of Thelma
and Romeo Antonio; to the Committee on
the Judiciary.

H.R. 1473. A bill for the relief of Amsih
Moussa; to the Committee on the Judiciary.

HJl. 1473. A bill for the relief of Dlmltra
Volllladou; to the Committee on the Ju-
diciary.

ByMr. YOUNOBR:

HJl. 1474. A bill for the relief of Ngoon
Nim Kung; to the Committee on the Ju-
diciary.

HJl. 1475. A bUl for the relief of Vincenza
Oliva del Rio; to the Committee on the Ju-
diciary.

HJl. 1476. A bill for the relief of Roeetta
Oliva del Rio; to the Committee on the Ju-
diciary.

H.R. 1477. A blU for the relief of Mansureh
Rinehart; to the Committee on the Judiciary.

H.R. 1478. A bill for the relief of Miss Marie
E. Mark; to the Committee on the Judiciary.

H.R. 1479. A bill for the relief of Masaki
and Taeko Ouchi; to the Committee on the
Judiciary.

By Mr. ZABLOCKI :

H.R. 1480. A bill for the relief of Mrs.
Agnes Oeidl; to the Committee on the
Judiciary.

H.R. 1481. A bill for the relief of Rosemary
B. Patmour; to the C<»nmittee on the Judi-
ciary.

H.R. 1482. A bin for the relief of Sister
Myrlam (Marta Krzyzowska); to the Com-
mittee on the Judiciary.

HJl. 1483. A bUl for the relief of PrlscUlo
Jose Sisson; to the Committee on the Judi-
ciary.

H.R. 1484. A bill for the relief of Evelyn
Sisson; to the Committee on the Judiciary.
ByMr. ANFUSO:

H.R. 1486. A bill providing for the exten-
sion of Patent No. 2,331,420; to the Commit-
tee on the Judiciary.

ByMr. BALDWIN:

H.R. 1486. A blU for the relief of Mrs.
Vicenta A. Messer; to the Committee on the
Judiciary.

H.R. 1487. A bill for the rehef of Amador
Caceres, Maria Caceres, and their children,
Josephine, Yolanda. Fernando, Emma, and
Ricardo Caceres; to the Committee on the
Judiciary.

HJl. 1488. A bill for the relief of Clara O.
Maggiora; to the Committee on the Judiciary.

H.R. 1480. A bill for the relief of Miss Linda
B. Aguinaldo; to the Committee on the Judi-
ciary.

HJl. 1490. A bni for the relief erf Salvatori
Pronzo and Rosa Pronzo; to the Committee
on the Judiciary.

H.R. 1491. A bUl for the reUef of Bmpera-
trlz M. Nacional and Susan M. Naclonal; to
the Committee on the Judiciary.

HJl. 1493. A bUl for the relief of Kmeet
John Large; to the Committee on the Judi-
ciary.

H.R. 1403. A bill for the relief of Mrs.
Chrisoula Peristerakl; to the Committee on
the Judiciary.

HJl. 1494. A bin for the relief of Lum Shee,
also known as Liun Wun; to the Committee
on the Judiciary.

HJl. 1495. A bill for the relief of Natlvidad
Bontia, Lllioea Uy Bontla, and Proceso
Bontla; to the Conunlttee on the Judiciary.

H.R. 1496. A biU for the relief of Aloysius
van de Velde; to the Committee on the Judi-
ciary.

H.R. 1407. A bUl for the reUef of Feliciana
and Carmen If. LAfrades; to the OommlttM
on the Judiciary.

HJl. 1406. A blU for the reUef of Benjamin
I. Pellcltas; to the Committee on the Judi-
ciary.

HJl. 1490. A bUl for the relief of Manuel
Nido; to the Committee on the Judiciary.

H.R. 1600. A bUl for the relief of Sada
Okada; to the Committee on the Judiciary.

H.R. 1601. A bin for the relief of Mrs. Elis-
abeth Powler; to the Committee on the Ju-
diciary.

H.R. 1602. A bUl for the relief of Adelaida
Madayag; to the Committee on the Judiciary.

H.R. 1503. A bill for the relief of Maria
Luisa Furtado Cardoea; to the Committee on
the Judiciary.

H R 1504. A bill for the relief of Federico
P. Regino and Alberto P. Regino: to the Com-
mittee on the Judiciary.

H.R. 1505. A bUl for the relief of Mrs. Ida
Pinhas: to the Committee on the Judiciary.

H.R. 1606. A bin for the relief of Toshlnorl
Yamai; to the Committee on the Judiciary.
ByMr. BROWN:

HJl. 1507. A bill for the reUef of Capt.
Jacob Haberle; to the Committee on the
Judiciary.

H.R. 1508. A bill for the relief of Mary A
Combs; to the Committee on the Judiciary.
By Bfr. BUCKLEY:

H.R. 1509. A bin for the reUef of Basblr
Ahmed Masoodl; to the Committee on the
Judiciary.

HJl. 1610. A bin for the relief of Dr. Pal
Suey Lee Pai; to the Committee on the
Judiciary.

By Mr. BYRNE of Pennsylvania :

HJl. 1611. A bUl for the relief of Antonio
C. Abelon; to the Committee on the Judi-
ciary.

HJl. 1613. A bill for the relief of Arturo
L. Espinosa; to the Conunlttee on the Judi-
ciary.

HJl. 1613. A bill for the relief of Ste-
phanus H. Kleynhans; to the Committee on
the Judiciary.

By Mr. CHAMBERLAIN :

HJl. 1614. A bin for the relief of John
Kwan-lu To and Mrs. Ling Fal To; to the
Committee on the Judiciary.

H.R. 1616. A bin for the relief of Moni
Schwartz; to the Committee on the Judi-
ciary.

By Mr. COLLIER:

HJl. 1616. A bin for the reUef of Joe Ho
Kwong and Alveme Joe (Ooon) Kwong; to
the Committee on the Judiciary.

HJl. 1617^ A bin for the relief of Stephanie
Jedllcka; to the Committee on the Judiciary.

H.R. 1518. A bUl for the reUef of Marian
Gazda; to the Committee on the Judiciary.

H.R. 1619. A bill for the reUef of Dragutin
Horvat; to the Committee on the Judiciary

HJl. 1520. A bill for the relief of Emma
Grund; to the Committee on the Judiciary.

H.R. 1631. A bUl for the relief of RadmUo
Markovic; to the Committee on the Judiciary.

HJl. 1633. A bill for the relief of Chul-Hl
Kim; to the Committee on the Judiciary.

H.R. 1523. A bill for the reUef of Kazimtera
Marek; to the Committee on the Judiciary.
ByMr. HEALEY:

H.R. 1524. A bill for the relief of Isldoro E.
Hallla and Doreta E. Halila; to the Committee
on the Judiciary.

HJl. 1636. A bni for the relief of Ilona
Salamon; to the Committee on the Judiciary.

HJl. 1626. A bill for the relief of Oaetano
Talento, Ellsa Talento, Oennaro Talento.
Aniello Talento. and Adrlana Talento; to the
Committee on the Judiciary.

HJl. 1627. A bni for the relief of Mrs. Jo-
sephine Dubins; to the Committee on the
Judiciary.

H.R. 1528. A bin for the relief of Domenico
Busetto; to the Committee on the Judiciary.

HJl. 1639. A bUl for the relief of Dr. Oer-
ardo L. Yubero, his wife, Lus Fortuny de
Lopez, and their two minor chUdren, Gerard

1961

CONGRESSIONAL RECORD — HOUSE

m

Lopes Fc^tuny and Femaodo Xxjpes For-
tuny; to the Committee on the Judtolarj.
By Mr. JOHANSEN:

HJl. 1630. A bUl for the relief o* Christo-
pher McLennan; to the Committee on the
Judiciary.

HJl. 1631. A bni for the relief of Wallace
B. Price and Nora J. Price; to the Committee
on the Judiciary.

HJl. 1633. A bin for the relief of Jeanlne
Ruth Tabacnik; to the Committee on the
Judiciary.

H.B. 1633. A bin for the reUef of Lee
Kyong Ja; to the C<Hnmittee on the Judi-
ciary.

By Mr. JUDD:

HJl. 1634. A bin for the reUef of Hugo
Robert Baversjo; to the Committee on the

Judiciary.

By Mr. KASTENMEIEU:

HJl. 1638. A bin for the relief of Erwln P.
Mllsp«ugh: to the Committee on the Judi-
ciary.

H.R. 15S0. A bin for the relief of Nakhle
Naarallah; to the Committee on the Judi-
ciary.

HJl. 1537 A bin foe the reUef of Ana
Santos Noguetra; to the Committee on the
Judiciary.

HJl. 1638. A bUl for the relief of Chrlstoe
Oeorge Kanenopouloe; to the Committee on

the Judiciary.

By Mrs. KKLLT:

HJl. 1689. A bin for the relief of KmUy
BaUey: to the Committee on the Judiciary.

HJl. 1540. A bin for the relief of John
Edwin Perrln; to the Committee on the
Judiciary.

By Mr. KSOOH:

HJl. 1641. A bin for the relief of Oennaro
AmatxiBd; to the Ocmmlttee on the Judici-
ary-

HJl. \Ma. A bUl for the relief of Mrs.
Mary Kaye; to the Committee on the Judici-
ary.

H.R. 164S. A bill for the relief of Juan
D. Qulntofl, J&lme Hernandez, Delfln Buen-
camlno, Soledad 0<Mnee, Nieves O. Argonaa.
Felldldad O. Sarayba, Carmen Vda de Oomea.
Perfecta B. Qulntoe. and Blenvenida San
Agiistln; to the Committee on the Judiciary.
. HJl 1644. A bin f or tb» reUef of Munston
Electronics Manufacturing Corp.; to the
Committee on the Judiciary.

H.R. 1646. A bin to provide tax relief for
the pension fund of the slate, tile, and roof-
ing Indxistry in New York City and the con-
tributors thereto; to the Committee on Ways
^Pd Means.

HJl. 1646. A bUl for the reUef of Fay Cls-
neroa; to the Committee on the Judiciary.

HH. 1M7. A bUl for the relief of Paul
Bernstein: to the Committee on the Judi-
ciary.

H.R. 1648. A bni for the relief of Joee So-
riano; to the Committee on the Judiciary.

HJl. 1649. A bUl for the relief of Paraskevi
Stamadlanou; to the Committee on the Ju-
clary.

ByMr. KILOORX:

TLB.. 1560. A bUI for the reUef of Jesus
Oraza Lopez; to the Committee on the Ju-
diciary.

HJl. 1661. A bin for the relief of Ktm-Ok
Yun; to the Committee on the Judiciary.

HJl. 1663. A bUl for the relief of Justo
Sanches Resendea; to the Committee on the
Judiciary.

H.R. 1688. A MU for the relief of Raymond
A. Oarms; to the Committee on the Judi-
ciary.

HJl. 1684. A bUl for the reUef of Mr*.
John C. Chamberlain; to the Committee on
the Judiciary.

HJl. 1566. A bUl for the relief of Ttmg
Ping Chen; to the Committee on the Judi-
ciary.

HJl. 1566. A bUI for the relief of Abdul
Aziz Said; to the Committee on the JtUU-
ciary.

Bv Mr KQUKTAH '

H.R. 1667. A blU for Vm rriief of Dr. lfMl>
rice Oudla and his wife, CecU Oudls; to the
Committee on the Judiciary.
By Mr. LAIRD:

HJl. 1658. A bin for the relief of Oeorge
Lee; to the Conunlttee on the Judiciary.
ByMr. LANE:

H.B. 1560. A bin for the reUef of Salvatore
Tummino; to the Committee on the Judi-
ciary.

HJl. 1660. A bin for the relief of Marlan-
tonla Bavaro and Salvatore Bavaro; to the
Committee on the Judiciary.
By Mr. LIBONATI:

HJl. 1661. A bill for the relief of Dr. Aga-
tangelo Z. Claustro; to the Committee on the
Judiciary.

H.R. 1663. A bin for the relief of Dr. Saud
niaa; to the Conunlttee on the Judiciary.

H.R. 1663. A bin to provide for the remu-
neration of artistic services rendered by
Trygve A. Rovelstad In the creation of cer-
tain designs for the "American Roll of Hon-
or," a memorial book, now reposing in the
American Memorial Chapel of St. Paul's
Cathedral. London, England; to the Com-
mittee on the Judiciary.

HJl. 1564. A bill for the reUef of Wllhel-
mlne Jandrlsits (Serra) ; to the Committee
on the Judiciary.

H.R. 1566. A bin for the relief of Victoria
Escobar; to the Committee on the Judiciary.

HJl. 1666. A bill providing for the award
of the Congressional Medal of Honor to Dr.
Thonuhs Dooley; to the Committee on Armed
Services.

By Mr. McDONOUGH:

H.R. 1567. A bUl for the relief of Ivan
Hajnoczy. Serena Hajnoczy, and liCarlanna
Csuka; to the Conunlttee on the Judiciary.

HJl. 1568. A bUl for the reUef of Mrs.
Jelena Dordevlch; to the Comjnlttee on the
Judiciary.

H.R. 1560. A bin for the relief of Isel SaU-
oka; to the Committee on the Judiciary.

HJl. 1670. A bin for the reUef of Mrs. T.
H. Huang: to the Committee on the Judi-
ciary.

BJR. 1671. A bUl for the reUef of Mrs. Yasn
Mlno; to the Committee on the Judiciary.

HJl. 1673. A bUl for the reUef of Mrs. Sato
Yasuda. Mr. SeUchl Yasuda, and Mrs. Tsuru
Yasuda; to the Committee on the Judiciary.

HJl. 1673. A bUl for the reUef of Edgar
Allen GaUegos and Ana Olorla Oallegos; to
the Committee on the Judiciary.

HJl. 1674. A bin for the reUef of Evelyn
Maud Alcock; to the C<»nmlttee on the
Judiciary.

By Mr. MARTIN of MassachvisetU:

HJl. 1675. A bUI for the reUef of Mrs. An-
nellese Franzlska Guay: to the Committee
on the Judiciary.

HJl. 1576. A bin for the reUef of Mrs.
Asuncion Y. Colvin; to the Conunlttee on

the Judiciary.

By Mr. MICHEL:

H.R. 1577. A bin for the reUef of Miss
Maria Sanguedolce; to the C<»nmlttee on the
Judiciary.

By Mr. MOOREHEAD of Ohio:

HJl. 1678. A bUl for the relief of Mah
Quock; to the Committee on the Judiciary.
By Mr. PATMAN:

HJl. 1579. A bin tat the relief of Ci4>t.
Arthtu- L. Barnes: to the Committee on the
Judiciary.

By Mr. RIEHLMAN:

HS. 1580. A bin for the reUef of Marie
Tchernosvltoff; to the Committee on the
Judiciary.

H.R. 1581. A bin for the reUef of Maria
Falato Colaclcoo; to the Committee on the
Judiciary.

H Jt. 1582. A bin for the r^ef of Shin Sook
(Renee) Whang: to the Committee on the
Judiciary.

HJL 1588. A blU for the relief of Itrs.
Chung-Huang Tang Kao; to the Committee
<m the Judiciary.

By Mr. RILEY:

HJl. 1684. A bin for the reUef of Alfonso H.
Patero; to the Committee on the Judiciary.

HJl. 1686. A bin for the relief of Teodora
Rlcu; to the Committee on the Judiciary.
By Mr. ROGERS of Colorado:

H.R. 1586. A bin t(x the reUef of Hisoe
Iwata; to the Committee on the Judiciary.

H Jt. 1587. A bin for the reUef of Rosetta
Sutton Roberts: to the Committee on the
Judiciary.

HJl. 1688. A bUl for the r^ef of Fong Kal
Dong; to the Committee on the Judiciary.
By Mr. ROONEY:

HJl. 1689. A bUl for the reUef of Una
Bohl; to the Committee on the Judiciary.

H.R. 1590. A bill for the reUef of Penelope
Pappatheodorou; to the Committee on the
Judiciary.

By Mr. ROSTENKOWSKI:

HJl. 1691. A bin for the reUef of Mr. and
Mrs. Toros Tchallan; to the Committee on
the Judiciary.

HJl. 1692. A bin for the reUef of Mr. and
Mrs. Eugenlusz Ruszkowskl; to the Commit-
tee on the Judiciary.
By Mr. SISK:

HJa. 1693. A bin to authorize the Secretary
of the Interior to convey certain land In the
Big Sandy Rancherla, California, and to ac-
cept other land In exchange therefor; to the
Conunlttee on Interior and Insular Allalrs.
By Mr. WALTER:

HJl. 1694. A bUl for the relief of Giuseppe
Mingarl; to the Committee on the Judiciary.
By Mrs. WEIS:

HJl. 1595. A bin for the reUef of Mrs. Moh-
Jen Liu Tseng and her minor chUdren. Ylng.
TSung, Chad, and Slang Tseng; to the Com-
mittee on the Judiciary.

HJl. 1696. A bill for the reUef of Antonio
FoUlero; to the Committee on the Judiciary.

HJl. 1697. A bUl for the reUef of Morris B.
Espenscheld; to the Committee on the Judi-
ciary.

HJl. 1598. A bUl for the relief of Michael
Dedetslnas; to the Committee cm the J\idl-
dary.

By Mr. WIDNALL:

H£. 1699. A bin for the relief of Pasquale
Marrena; to the Committee on the Judiciary.

HJl. 1600. A blU for the reUef of Arlstldls
Veloudoe; to the Committee on the Judi-
ciary.

HJl. 1601. A bin for the relief of Oert For-
sthoff; to the Committee on the Judiciary.

HJl. 1602. A biU for the relief of Ido Enrico
Cassandro; to the Committee on the Judi-
ciary.

HJl. 1603. A bin for the reUef of Chin
Zlang Yu; to the Committee on the Judi-
ciary.

By ytr. WILSON of California:

HJl. 1604. A bin fOT the reUef of Spencer
E. Hewitt; to the Ccnnmlttee on the Judi-
ciary.

H.R. 1605. A bin for the relief of ArUe T.
Sinks; to the Committee on Armed Services.

HJl. 1606. A bin for the reUef of MitcheU
C. Chuttik; to the Committee on the Judi-
ciary.

HJl. 1607. A bin for the reUnf of Concep-
cion V. Banaag; to the Committee on the
Judiciary.

HJl. 1608. A bin for th«i relief of Julian
Osuna-Clsneroe; to the Committee on the
Judiciary.

HJl. 1609. A bin for the relief of Demltrios
Dunls; to the Committee on the Judiciary.
By Mr. ZELENKO:

HJl. 1610. A bin for the reUef of Mr. and
Mrs. Mosee Gllkowsky; to the Committee on
the Judiciary.

HJl. 1611. A bin for the relief of NUcita de
Kanel; to the Ccunmlttee on the Judiciary.
By Mr. AVERY:

H.R. 1613. A bUl for ttie rdlef of Ut. Er-
nest Hay, Wamego, Kans.; to the Committee
on the Judiciary. i :,-..

\

[

I

CX>NGR£SSIONAL RECORD — HOUSE

January 3

By Mr. BAILET:
ELB. 1618. A bill for the relief at Mrs.
Drlna BlnoTcic and Vlnoenoe (Vlncvni) 81-
noTOlo; to the Ooauntttee on the Jndlotary.
By llr. BKNHSTT ot Ilorlda:
H.R. 1614. A bill for the relief of Byron K.
Xfthlxnladia; to the Committee on the JiKli-
olary.

By Mr. BKBBT:
HA. 1616. A bill for the relief of VViuiole
Jania and certain other Indians; to the Com-
mittee on the Judiciary.
Bv ICr BOQOS'
HH. 1616. A blU for the reUef of Rldkert &
Laan, Inc.; to the Committee on the Judi-
ciary.

By lira. BOLTON:
H.B. 1617. A biU for the relief of David
and Hilda Stem; to the Committee on the
Judiciary.

H.R. 1618. A bill for the relief of WUltam

B. Mayer; to the Committee on the Judiciary.

By Mr. BREWSTER:

B.R. 1619. A blU for the reUef of Mn.

Soeoro Vasquez Pena; to the Committee on

the Judiciary.

H.R. 1620. A bill for the relief of ,Ke]en PI
Oorsa; to the Conunlttee on the Jxidlclary.
By Mr. BROOMFIELD:
H.R. 1631. A bill for the relief of Miss
Krlstlna Voydanoff; to the Committee on the
Judiciary.

T3.B.. 1622. A bill for the relief of Dr. George
Berberlan; to the Committee on the
Judiciary.

By Mr. BROYHUX:
HJ*. 1623. A bin for the relief of Emmett
P. Dyer; to the Committee on the Judiciary.
By Mr. BURKE of Kentucky:
HJl. 1624. A bill for the rtilef of Azls Ellas
Kaaels; to the Committee on the Judiciary.
UA. 1625. A bin for the relief of Plnghul
Victor Liu; to the Committee on the
Judiciary.

By Mr. DOWDY:
H Jt. 1636. A bUl for the relief of Wladlslaw
KotUco (Jack Konko) ; to the Committee on
the Judiciary.

ByMr. DOWNINO:
H.B. 1627. A blU for the relief of Princess
Anne County School Board, Virginia; to the
Committee on the Judiciary.

H.B. 1628. A blU for the relief of Mateuyo
Ishlda Montgomery; to the Committee on
the Judiciary.

By Mr . PARBSTEIN :

H.B. 1639. A bill for the reUef of Stefan

Bryttan; to the Committee on the Judiciary.

HJl. 1630. A bill for the relief of Carma

Pereira de Bustillos; to the Committee on the

Judiciary.

HJl. 1631. A bin for the relief of Marton
and Szldonla Welsz; to the Committee on
the Judiciary.

H.R. 1632. A bin for the relief of John L.
Afroa; to the Committee on the Judiciary.

HJl. 1633. A bill for the relief of Judy
IVxn; to the Committee on the Judiciary.

H.R. 1634. A bill for the relief of Frank De

Nardo; to the Committee on the Judiciary.

ByMr. FORD:

H.R. 1636. A bin for the relief of Mrs.

Joann Konwlnskl and her children; to the

Committee on the Judiciary.

H.R. 1636. A bUl for the relief of Mah Ney

Pong; to the Committee on the Judiciary.

H.R. 1687. A bin for the relief of Ng Thlat

Hor and Ng Thlat Keung; to the Committee

on the Judiciary.

By Mr. HAOEN of California:
H.R. 1638. A bill for the relief of Alda Jara-
mlUo Mendoaa and Tranqulllno Mendoza; to
the Committee on the Judiciary.

By Mr. HARRISON of Virginia:
H.R. 1639. A bill for the relief of Klaus
Dieter-Herbert Biirmelster; to the Commit-
tee on the Judiciary.

By Mr. HUDDLESTON:
R.R. 1640. A bill tat the relief of the next
of kin of certain merchant seamen who lost

their lives In an airplane craafa; to the
Committee on the Judiciary.

H.R. 1641. A blU for the relief of Mrs.
Ilona Szmuk and her daughters. Flora an<*
SllTla Ssmuk; to the Committee on the
Judiciary.

By Mrs. KKLXiT:

H.R. 1642. A bUl for the relief of Mrs.
lillyan Robinson; to the Committee on the
Judiciary.

HJl. 1643. A bill for the relief of Gloria M.
Dudley; to the Committee on the Judiciary.

H.R. 1644. A bill for the relief of Moses
Brukner, also known as Moses Broker; to
the Committee on the Judiciary.

HJl. 1646. A bill for the reUef of Madge
Wisdom Collier; to the Committee on the
Judiciary.

HJl. 1648. A bUl for the relief of Joan
Josephine Smith; to the Committee on the
Judiciary.

H.R. 1647. A bill for the reHef of Bryan
Simpson; to the Committee on the Judi-
ciary.

H.R. 1648. A bin for the relief at Mary C.
Bartlett; to the Committee on the Judiciary.

HJt. 1649. A bUl for the relief of Gaetano
DlChlara; to the Committee on the Judi-
ciary.

H.R. 1660. A bill for the relief of Irene
Kemeny; to the Committee on the Judiciary.

HJl. 1651. A bill for the relief of Adela
Gllcman; to the Committee on the Judiciary.

HJl. 1652. A bin for the relief of Dr. AU
A. Kawl; to the Committee on the Judiciary.

H.R. 1653. A bin for the relief of WUnam
Palby: to the Committee on the Judiciary.
By Mr. KLUCZTNSKI:

HJt. 1654. A blU for the relief of Weronlka
Oodlewska; to the Committee on the Judi-
ciary.

By Mr. LANE:

H.R. 1655. A bUl for the relief of Mrs. MarU
Lulsa D. Purtado; to the Committee on the
Judiciary.

HJl. 1656. A bUl for the relief of Francesco
Parrlno; to the Committee on the Judiciary.

HJl. 1657. A bill for the reUef of Irene
Charapls; to the Committee on the Judi-
ciary.

HJl. 1668. A bill for the relief of Amelia
Lawrynowlcz; to the Committee on the Judi-
ciary.

H.R. 1659. A bUl for the relief of Francis
X. Foley; to the Conunlttee on the Judiciary.

H.R. 1660. A bill for the reUef of Margaret
MacPherson, Angus MacPherson, Ruth Mac-
Pherson, and Marilyn MacPherson; to the
Committee on the Judiciary.

HJl. 1661. A bUl for the relief of Hala
Bechara; to the Committee on the Judiciary.

HJl. 1662. A blU for the reUef of Mrs.
Maria Scarano; to the Committee on the
Judiciary.

HJl. 1663. A bin for the relief of Dr. Hans
J. V. Tledemann and family; to the Com-
mittee on the Judiciary.
By Mr. LBSINSKI:

HJl. 1664. A bill for the relief of John
Mullen; to the Conunlttee on the Judiciary.

HJl. 1665. A bill for the relief of Domenloo
Tallarita PeUe; to the Committee on the
Judiciary.

HJl. 1666. A bin for the reUef of Oonstan-
tlnos (Kosta) ■. Mouharemis; to the Com-
mittee on the Judiciary.

H.R. 1667. A bin for the relief of Gulsep-
plna Mola; to the Committee on the Judi-
ciary.

H.R. 1668. A bill for the relief of Wanda T.
Muslalowska; to the Committee on the Ju-
diciary.

HJl. 1669. A blU for the reUef of ManuaU
Asso Kallabat; to the Committee on the Ju-
diciary.

By Mr. LIPSCOMB:

HJl. 1670. A bill for the relltf of Faustlno
CabaUero-Corral; to the Oommlttee on the
Judiciary. . .

HJl. 1671. A bin for the relief of Edvlge
CiandiUll; to the Conunlttee on the Judi-
ciary.

HJl. 1673. A bUl f or the reUef of Dr. Sha-
hen iL HoraneeaUn; to the Committee on
the Judiciary.

By Mr. MOORHXAD of Pennsylvania:

HR. 1678. A btU for the relief of Tak Wa
Kwok: to the Committee on the Judiciary.

HJl. 1674. A bill for the relief of Mary
PhUip; to the Committee on the Judiciary.
By Mr. MULTER:

H.R. 1675. A blU f or the relief of Dr. Sam-
uel Rlbacoff; to the Committee on the Ju-
diciary.

H R. 1676. A bin for the relief of Oyorgy
Stulberger; to the Committee on the Ju-
diciary.

H.R. 1677. A bill for the renef of EUe
Hara; to the Committee on the Judiciary.

HJl. 1678. A bill for the relief of Jacques
Tawll; to the Committee on the Judiciary.

H.R. 1679. A bill for the relief of Pantells
Smlrlls; to the Committee on the Judiciary.

HJl. 1680. A bill for the relief of Atomic
Energy of Cazukda, Ltd.; to the Committee
on the Judiciary.

HJl. 1681. A blU for the relief of Gabrtel
Chehebar. his wife. Marcelle Levy Chehebar,
and their minor children. Albert. Zakla, Zakl,
Jacques, and Joseph Chehebar; to the Com-
mittee on the Judiciary.

H.R. 1682. A bill for the relief of Mrs.
CaroMne M. Neumark and MelvlUe Morits;
to the Committee on the Judiciary.

HJl. 1683. A biU for the reUef of Samuel
Llenwand and his wife. MoUle Uenwand; to
the Committee on the Judiciary.

HJl. 1684. A bill to confer jurisdiction on
the Court of Claims of the United States to
hear and determine the claims of Mollers'
Suldah Shlpbreakers. Ltd.. the Alpha Ship-
ping Co., Ltd., and Lancashire Shipping Co.,
Ltd.; to the Committee on the Judiciary.

HJl. 1686. A blU for the relief ot Teresa
Piantedosl; to the Conunlttee on the Judici-
ary.

HJl. 1686. A blU for the relief of Herbert
Otto Koch; to the Committee on the Judici-
ary.

ByMr.MUMMA:

H.R. 1687. A bUl for the reUef of World
Games, Inc.; to the Committee on the Ju-
diciary.

H.R. 1688. A bin for the reUef of Ellaabeth
Nlcholacacos; to the Committee on the Ju-
diciary.

ByMr. OTncHl.:

H.R. 1689. A bin for the relief of lolanda
lebba Altlmarl; to the Committee on the
Judiciary.

HJl. 1690. A bill for the reUef of Sallm
Arrab; to the Oommlttee on the Judiciary.

HJl. 1681. A bin for the relief of Elaine
Veronica Clarke; to the Committee on the
Judiciary.

HJl. 1692. A bill for the reUef of Johann
CzemopolBky; to the Committee on the Ju-
diciary.

By Mr. POWELL:
HJl. 1693. A bin for the reUef of Lee King
Sang; to the Committee on the Judiciary.
ByMr. RODINO:
H.B. 1694. A bin for the relief of 2Sofia
Kejdau; to the Committee on the Judiciary.
By Mr. ROOBRS of Colorado:
HJl. 1695. A bUl for the reUef of loannls
Doumoullakas; to the Committee on the
Judiciary.

HJl. 1696. A bin for the relief of the Outlet
Stores. Inc.; to the Committee on the Ju-
diciary.

By Mr. SAUND:
HJl. 1697. A bin for the relief of Viola
Borwlck Warbls; to the CcMnmlttee on the
Judiciary.

By Mr. SHKLLEY:
HJl. 1698. A blU for the reUef of Teresa
Rosa Panesl: to the Committee on the Judi-
ciary.

1961

CONGRESSIONAL RECORD — SENATE

n

HJL 1609. A bill for the relief of Nick
George Boudoureai U) the Committee on the
Judiciary.

HH. 1700. A blU for the reUeif of Jaime
Abejxiro; to the Committee on the Judiciary.

HJl. 1701. A bin for the relief of Mrs.
Klkue Tamamoto Leghorn and her minor
son, Yxilchlro Tamamoto Leghc^n; to the
Committee on the Judiciary.

HH. ITOa. A bUl for the reUef of Jovlto
Batas Bacugan; to the Committee on the
Judiciary.

HJl. 1708. A blU for the reUef ot Maximo
B. Avila; to the Committee on the Jiuliciary.

HJl. 1704. A bin for the relief of Lee Shee
Won; to the Committee on the Judiciary.

HJl. 1708. A bill for the reUef of Tee Tip
Hay; to the Oommlttee on the Judiciary.

HJl. 1706. A bill for the relief of Adela
Mlchlko Plores; to the Onnmlttee on the
Judiciary.

HJl 1707. A bUl for the reUef of Vlctorta
M. Poqulz; to the Committee on the Judi-
ciary.

HJl. 1708. A biU for the reUef of Fung Kal
Wing; to the Committee on the Judiciary.

H.R. 1709. A blU for the relief of Rosalinda
Taodol; to the Committee on the Judiciary.
By Mr. WALTBR:

HJl. 1710. A bUl for the relief of Narinder
Singh Somal; to the Committee on the Ju-
diciary.

H.R. 1711. A bill for the reUef of Mrs. Ma-
ria Zondek; to the Committee on the Judi-
ciary.

HJl. 1713. A blU f or the relief of ElsabetU
Rosa Colangecco Dl Carlo; to the Commit-
tee on the Judiciary.

H.R. 1713. A biU for the relief of Wlktor
Gollk and Jozsef Keleman; to the Committee
on the Judiciary.

H.R. 1714. A bUl for the relief of Nicholas
J. Kataaros; to the C<xnmittee on the Judi-
ciary.

H.R. 1715. A bill for the relief of Joseph
Michael Stahl; to the Committee on the Ju-
diciary.

HJl. 1716. A bill for the reUef of Glorglna
Ranlolo Inlantlno and her children, Oeor-
glo Infantine, Angelo Infantlno, and Gio-
vanni Infanttno; to the Conunlttee on the
Judiciary.

HJl. 1717. A bill for the relief of Angelo
LI Destrl: to the Conunlttee on the Judiciary.

H.R. 1718. A bill for the relief of Jaime
E. Concep>clon; to the Conunlttee on the
Judiciary.

HJl. 1719. A blU for t^e relief of Mrs. Suad
J. Khuii; to the Committee on the Judiciary.

H.R. 1720. A bin for the reUef of Paul
Vassoe (Pavlos Velsls); to the Committee on
the Judiciary.

By Mr. WILSON of California:

H.R. 1731. A bni for the relief of Mrs. Susie
Lacaclo and her son, John Peter Lacaclo;
to the Conunlttee on the Judiciary.

H J(. 1723. A blU for the relief of Joao
Ferrelra and Maria BrcUla Machado; to the
Committee on the Judiciary.
By Mr. BROTHILL:

H. Ree. 66. Resolution for the relief of
Mrs. Estelle A. Waller: to the Committee on
House Administration.

PETITIONS. ETC.

Under clauae 1 of rule XXII. petitions
and papers were laid on the Clerk's desk
and referred as follows :

1. By the SPEAKER: Petition of the preai-
dent, Free Federation of Labor of Puerto
Rico. San Juan, PJl., petitioning considera-
tion of their resolution with reference to
the sugar industry In Puerto Rico and In
other American territories; to the Committee
on Agriculture.

2. Also, petition of Luis Bada, Cabangan,
Zambalee, Philippine Islands, relative to sup-
porting House Resolution 80 from the
State of California, relating to compensating

the Philippine Scouts for their servcea ren-
dered In World War II; to the Conunlttee on
Armed Services.

5. Also, petition of Dr. Santiago 8. Calo,
Butuan City, Philippines, relative to a griev-
ance relating to the roster of guerrilla units
which was processed upon liberation of the
Philippines; to the Conunlttee on Armed
Services.

4. Also, petition of Elealeh Kern OToole,
Paradise, Butte County, Calif., relative to
a redress of grievances regarding all Federal,
State, and educational loyalty oaths; to the
Committee on Education and Labor.

6. Also, petition of the secretary, ttie So-
ciety of the War of 1812 in the State of Mary-
land, Baltimore, Md., relative to opposing the
deletion of the Connally amendment from
the United Nations Charter; to the Commit-
tee on Foreign Affairs.

6. Also, petition of the chaplain. Veterans
of Foreign Wars of the United States, De-
partment of the District of Columbia,
Washington, D.C., conveying a message of
gratitude and commendation for the late
Congresswoman Edith Notuse Rogers of
Massachxisetts; to the Committee on House
Administration.

7. Also, petition of representatives of city
of Alpine, Chamber of Commerce and Brew-
ster County, Tex., petitioning consideration
of their resolution, with reference to estab-
lishing a transportation system between Al-
pine, San Antonio, and El Paso, Tex.; to the
Committee on Interstate and Foreign Com-
merce.

8. Also, petition of George Allen and
others, Sherman, Tex., relative to opposing
all pay TV schemes and proposals as being
contrary to the pubUc Interest; to the Com-
mittee on Interstate and Foreign Commerce.

9. Also, petition of Mrs. A. M. Davis. Sr.,
and others, Denlson, Tex., relative to oppos-
ing aU pay TV schemes and proposals as
being contrary to the public Interest; to the
Committee on Interstate and Foreign Com-
merce.

10. Also, petition of J. E. Rodgers and
others. Helton, Tex., relative to opposing aU
pay TV schemes and proposals as being con-
trary to the public interest; to the Commit-
tee on Interstate and Foreign Commerce.

11. Also, petition of Mr. and Mrs. C. C.
Bee, Jr., and others, Dallas, Tex., relative to
opposing aU pay TV schemes smd proposals as
being contrary to the public Interest; to the
Committee on Interstate and Foreign Com-
merce.

12. Also, petition of Paul Rush and others,
Dallas, Tex., relative to opposing aU pay TV
schemes and proposals as being contrary to
the pubUc Interest; to the Committee on
Interstate and FcM-elgn Commerce.

13. Also, petition of Vonda Chandler and
others, Dallas, Tex., relative to opposing aU
pay TV schemes and proposals as being con-
trary to the public Interest; to the Conunlt-
tee on Interstate and Foreign Conunerce.

14. Also, petition of CUfford CraU, Cincin-
nati, Ohio, relative to a grievance as to why
the House of Representatives has not given
him any relief in regard to a criminal con-
spiracy and attaching a copy of a letter to
the Honorable John F. Kennedy, President-
elect; to the Committee on the Judiciary.

15. Also, petition of J. MUton Edwards
Post No. 2288, Veterans of Foreign Wars,
Shreveport, La., petitioning consideration of
their resolution with reference to demanding
that Judge J. Skelly Wright be tried by a
court of propw Jxulsdictlon for treason; to
the Committee on the Judiciary.

16. Also, petition of Harold Elsten, Cort-
land, N.Y., relative to a grievance relating to
an appeal for personal damages award; to
the Conunlttee on the Judiciary.

17. Also, petition of Theodosla Terwllllger.
Portland, Oreg., relative to the proposed re-
moval of the regional post office from Port-
land, Oreg.; to the Committee on Post Office
and Civil Serrloe.

18. Also, petition of Victor Lyon and oth-
ers, Portland, Oreg., relative to the proposed
removal of the regional post cAce from Port-
land, Oreg.; to the Conunlttee on Post Office
and Civil Service.

19. Also, petition of Robert J. Whfte, and
others, HUlsboro, Oreg., relative to tlie pro-
posed removal of the regional post office from
Portland, Oreg.; to the Committee on Post
Office and Civil Service.

20. Also, petition of John Hughes and oth-
ers, HUlsboro, Oreg.. relative to the proposed
removal of the regional post office from Port-
land, Oreg.; to the Committee on Post Office
and Civil Service.

21. Also, petition of Wiley W. Smith, and
others, Portland, Oreg., relative to the pro-
posed removal of the regional post office from
Portland, Oreg.; to the Committee on Post
Office and CivU Service.

22. Also, petition of the president, the
Woman's Club of Westfleld, Inc., Westfleld,
N.J., relative to commending the work of
the House Committee on Un-American Ac-
tivities and urging the Congress to enlarge
rather than ctutaU its activities; to the Com-
mittee on Rules.

23. Also, peUtlon of the president. West-
fleld Women's Republican Club, Westfleld,
N.J., relative to conunendlng the work of the
House Committee on Un-American Activities
and xirging Congress to continue the eon>-
nxlttee; to the Conunlttee on Rules.

24. Also, petition of Mrs. William E. StU-
well. Jr.. and others. Olendale, Ohio, relative
to the continuation of the Hoxise Conunlttee
on Un-American Activities; to the Commit-
tee on Riiles.

25. Also, petition of Martin Weiss and
others, Elmont, N.T.. relative to endorsing
the petition by Dr. Alexander Melklejohn
relating to a redress of grievance pertain-
ing to the Ho\i8e Committee on Un-American
Activities; to the Committee on Rules.

26. Also, petition oi Harriet Levlne and
others, New Tork, N.T., relative to endorsing
the petition by Dr. Alexander Melklejohn
relating to a redress of grievance pertaining
to the House Conunlttee on Un-American
Activities; to the Committee on Rules.

37. Also, petition of H. L. Thatcher and
others. Auburn, Calif., relative to the citizens
of Auburn and Placer Coiuity, Calif., urging
the Influence of Congress against the pxug-
Ing of certain Democratic Congressmen; to
the Committee on Rules.

^■»

SENATE

Wednesday, January 4, 1961

The Senate met at 12 o'clock meridian,
and was called to order by the Vice Presi-
dent.

The Chaplain, Rev. Frederick Brown
Harris, DJD., offered the following
prayer:

Our fathers' God, bowing at this way-
side shrine which our fathers reared, we
bring to Thee the stress and strain of
these testing times, praying that our
Jaded souls may find in Thy presence the
peace of green pastures and the still
waters of the spirit.

We acknowledge that the wise provi-
sion of those who knelt about the cradle
of our liberty, regarding the separation
of 'church and state, did not decree the
separation of religion and the state,
knowing that spiritual verities are the
very breath of the Republic.

In all the tangles of living together In
the maze of human relationships through
which, in legislative halls, those here
chosen by the people grope their way.

n

CONGRESSIONAL RECORD — SENATE

Jamiary U

teach us anew by this moment of devo-
tion that at Its heart every great Issue
of life is spiritual.

Grant to Thy servants in the ministry
ol public affairs the will to match vast
needs with mighty deeds. We ask it in
the Redeemer's name. Amen.

THE JOURNAIj

On request of Mr. Mansfielo, and by
unanimous consent, the reading of the
Journal of Tuesday, January 3. 1961, was
dispensed with.

ATTENDANCE OP A SENATOR

J. WILLIAM FDLBRIGHT, a Senator
from the State of Arkansas, attended
today.

Mr. HUMPHREY. Mr. President, I
siiggest the absence of a quorum.

The VICE PRESIDENT. The Secre-
tary will call the roll.

The Chief Clerk proceeded to call the
roll.

Mr. MANSFIELD. Mr. President, I
ask unanimous consent that fiu'ther
proceedings under the quorimi call be
dispensed with.

The VICE PRESIDENT. Without ob-
jection, it is so ordered.

CERTIFICATE OF APPOINTMENT OP
JUNIOR SENATOR FROM TEXAS

The VICE PRESIDENT. The Chair
lays before the Senate the certificate of
appointment of the Junior Senator frotn
Texas [Mr. BlaklbtI. Without objec-
tion, the certificate will be read and
placed on file.

The certificate of appointment was
read, as follows:

CzxTincATE or Appointment

Janttaxt 8, 1061.
To the Przsidknt of thx Sxnatx or trz
TTnitbd States:

This Is to certify that, pnrsuant to the
power vested In me by the Constitution of
the United States and the laws of the State
of Texas, I, Price Daniel, the Governor of
said State, do hereby appoint WnxiAM A.
Blaklkt a Senator from said State to repre-
sent said State In the Senate of the United
States until the vacancy therein, caxised by
the resignation of Ltndon B. Johnson, is
filled by election as provided by law.

Witness His Excellency ova Oovemor, Price
Daniel, and our seal hereto afiSxed at Austin
this Sd day of January In the year of ova
Lord 1961.

Prick Danixl.
Governor of Texas.

By theOovernor:

[SXAL] ZOLLIX StZAKLKT,

Secretary of State.

MESfAQE FROM THE HOUSE

A message from the House of Repre-
sentatives, by Mr. Bartlett, one of its
reading clerks, informed the Senate that
a quorum of the House of Representatives
had assembled, and that Saic Ratbttrn, a
Representative from the State of Texas,
had been elected Speaker, and Ralph R.
Roberts, a citizen of the State of Indiana.
Clerk of the House of Representatives of
the 87th Congress.

The message also informed the Sen-
ate that a committee of three Members
had been appointed by the Speaker on

tho part of the House of Representatives
to join with the committee on the part
of the Senate to notify the President of
the United States that a quorum of each
House had assembled and that Congress
was ready to receive a.*iy communica-
tion that he might be pleased to make.

The message announced that the
House had agreed to the concurrent reso-
lution (S. Con. Res. 1) to provide for the
counting on January 6, 1961, of the elec-
toral votes for President and Vice Presi-
dent of the United States.

The message further informed the
Senate that pursuant to the provisions
of Senate Concurrent Resolution 1. the
Speaker appointed Mrs. Kelly of New
York and Mrs. Bolton of Ohio as tellers
on the part of the House to count the
electoral votes on January 6, 1961.

The messEt^e also announced that the
House had agreed to a concurrent reso-
lution (H. Con. Res. 1> that effective Jan-
uary 3, 1961, the Joint committee created
by Senate Concurrent Resolution 92,
86th Congress, continue and have same
powers as conferred by said resolution,
in which it requested the concurrence
of the Senate.

The message communicated to the
Senate the resolutions of the House
adopted £U5 a tribute to the memory of
Hon. Thomas C. Hennlngs, Jr., late a
Senator from the State of Missouri.

The message also communicated to the
Senate the intelligence of the death of
Hon. Edith Nourse Rogers, late a Repre-
sentative from the State of Mass£u:hu-
setts, and transmitted the resolutions of
the House thereon.

The message further communicated to
the Senate the intelligence of the death of
Hon. Keith Thomson, late a Representa-
tive from the State of Wyoming, and
transmitted the resolutions of the House
thereon.

REPORT OP JOINT COMMITTEE ON
NOTIFICATION TO THE PRESI-
DENT—MORNING BUSINESS

Mr. MANSFIELD. Mr. President, the
Joint committee appointed by the Senate
and the House of Representatives yester-
day to notify the President that quorums
of the two Houses have assembled, and
are ready to receive any communication
he may desire to make, have performed
that duty, and now report that the Presi-
dent will submit In writing his annual
message to the Congress on January 12,
1961.

Mr. President, I ask unanimous con-
sent, in view of the fact that the mes-
sage will not come up until some time
next week, that, beginning tomorrow, we
permit morning business, and allow for
the introduction of bills.

I have discussed this matter with the
distinguished minority leader [Mr. Dirk-
sen], and I believe he is agreeable.

Mr. DIRKSEN. Jilr. President, will
the majority leader yield?

Mr. MANSFIELD. I yield gladly.

Mr. DIRKSEN. I see no benefit in de-
ferring until January 12 the introduc-
tion of bills, in view of the fact that in
the House of Representatives bills are
being introduced at the present time;
and since the message from the President
will not come to the Congress until some

time next week, it would work an undue
restriction if we withheld Introduction of
bills and delayel them until the message
from the President came to the Congress.

Mr. CLARK. Mr. President, will the
majority leader yield, so that I may pro-
pound an inquiry?

Mr. MANSFIELD. I yield.

Mr. CLARK. I think what is proposed
would be the sensible thing to do, but I
think it is very important that those of
us who are interested in getting changes
in rules brought to a conclusion should
understand that such transaction of
morning business would not be taken as
indicative of our acquiescence in the
present rules of the Senate.

I wonder if the Vice President is pre-
pared to rule that we may agree to the
transaction of morning business without
having acquiesced in the present rules.

The VICE PRESIDENT. That is the
Chair's ruling, in view of tiie fact that it
is a unanimous-consent request the ma-
jority leader has propounded.

Mr. TALMADGE. Mr. President, on
the basis of the statements made, I am
prepared to object.

The VICE PRESIDENT. Objection U
heard.

CALL OF THE ROLL

Mr. MANSFIELD. Mr. President. I
suggest the absence of a quorum.

The VICE PRESIDENT. The clerk
will call the roU.

The Chief Clerk called the roll, and the
following Senators answered to their

names:

{M0.2J

Alken

Knrln

ICUler

Allott

Pulbrlsbt

Monroney

Anderson

Ooldwater

Morse

Bartlett

Ooie

Morton

Beau

Omening

Moss

Bennett

Hart

Mundt

Bible

Hartke

MuskU

Hayden

Neuberger

Bogis

Hlckenlooper

Pastor*

Brklce*

Hlckey

Pell

Burdlck

Rill

Prouty

Bush

Holland

Proxmlrs

Butler

Hruska

Randolph

Byrd. Va.

Humphrey

Robertson

Byrd. W. Va.

Jackson

RusseU

Cannon

Jarlts

Saltonstall

Carlson

Johnston

Schoeppel

Carroll

Jordan

Soott

Case. N. J.

Keating

Smathers

Case, S. Dak.

Kefauver

Smith. Mass.

Chaves

Kerr

Smith. Maine

Church

Kucbel

Sparkman

Clark

Lauacbe

Stennls

Cooper

Long, Mo.

Symington

Cotton

Long. Hawaii

Talmadgs

Curtis

Long. La.

Thurmond

Dlrksen

Magnuson

WUey

Dodd

Mansfield

Williams. N.J.

Dottglas

McCarthy

WllUams. Del.

McClellan

Tarborougb

Xastland

McOee

Toung. N. Dak

KUender

McNamara

Young, Ohio

Bngle

Mctralf

.

Mr. KUCHEL. I announce that the
Senator from Indiana (Mr. Capkhart]
and the Senator from Hawaii [Mr.
FoNGi are absent because of iUneea.

The VICE PRESIDENT. A quorum is
present.

ASCERTAINMENT OP ELECTORAL
VOTES

The VICE PRESIDENT. Pursuant to
Senate Concurrent Resolution 1, the
Chair appoints the Senator from Arizona
[Mr. Hatden] and the Senator from

1961

CONGRESSIONAL RECORD — SENATE

n

Nebraska [Mr. CmiTis] as tellers on the
part of the Senate to count the electoral
votes for President and Vice President.

PROPOSED AMENDMENT OF CLO-
TURE RULE

The VICE PRESIDENT. The Chair
lays before the Senate Senate Resolution
4, which will be read for the information
of the Senate.

The legislative clerk read as follows:

Resoliyed, That the third paragraph of sub-
section 2 of rule XXII of tbe Standing Rules
of the Senate is amended by striking out the
words "two-thirds" and Inserting In lieu
th-reof "three-fifths".

Mr. ANDERSON obtained the floor.

Mr. MANSFIELD. Mr. President, will
the Senator yield to me without losing
his right to the floor?

Mr. ANDERSON. First I should like
to modify the resolution.

Mr. President, I modify the resolution
by striking out everything after the re-
solving clause and substituting language
which is shown on page 18 of the Record
for yesterday, amending the entire rule

xxn.

I so modify my resolution.

The VICE PRESIDENT. The Sena-
tor's resolution wl3 be modified as re-
quested.

Mr. DIRB:SEN. Mr. President, for in-
formation, may we have the resolution
as modified read to the Senate in its en-
tirety?

The VICE PRESIDENT. The clerk
will state the resolution, as modified by
the Senator from New Mexico.

The Legislattvi Clerk. It is proiX)sed
to strike out all after the resolving clause
and to insert in lieu thereof the follow-
ing:

S. Notwithstanding the provisions of rule
in or rule VI or any other rule of the Sen-
ate, at any time a motion signed by sixteen
Senators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished
business. Is presented to the Senate, the
Presiding Officer shall at once state the
motion to the Senate, and one hour after the
Senate meets on the foUowing calendar day
but one, he shall lay the motion before the
Senate and direct that the Secretary call
the roll, and, upon the ascertainment that
a quorum is present, the Presiding Officer
shall, without debate, submit to the Senate
by a yea-and-nay vote the question:

"Is It tbe sense of the Senate that the
debate shall be brought to a close?"

And If that question shaU be decided In
the affirmative by three-fifths of the Sen-
ators present and voting, then said measure,
motion, or other matter pending before the
Senate, or the unfinished business, shall be
the unfinished business to the exclusion of
aU other business untU disposed of.

Thereafter no Senator shall be entitled
to speak in all more than one hour on the
measure, motion, or other matter pending
before the Senate, or the unfinished biislness,
the amendments thereto, and motions af-
fecting the same, and it shall be tbe duty of
the Presiding Officer to keep the time of each
Senator who speaks. Except by unanimous
consent, no amendment shall be In order
after the vote to bring the debate to a close,
unless the same has been presented -and
read prior to that time. No dilatory motion,
or dilatory amendment, or amendment not
germane shall be In order. Points of order,
Including questions of relevancy, and ap-
peals from the decision of the Presiding
Officer, shall be decided without debate.

Mr. HUMPHREY. Mr. President, I
offer on behalf of myself, the senicu:
Senator from California [Mr. Kuchil]
and other cosponsors who are listed on
Senate Resolution 5, an amendment as a
substitute for the amendment of the
Senator from New Mexico [Mr. Ander-
son] as modified, and I ask that the
amendment designated "1-3-61 — A" be
read for the information of the Senate.

The VICE PRESIDENT. The clerk
will state the amendment.

The Legislative Clerk. It is proposed
to strike out all after the resolving clause
and insert In lieu thereof the following:

That rule XXII of the Standing Rules of
the Senate is amended by adding a new sec-
tion, as follows:

"4. If at any time, notwithstanding the
provisions of rule III or rule VI or any other
rule of the Senate, a motion, signed by six-
teen Senators, to bring to a close the debate
upon any measure, motion, or other matter
pending before the Senate, or the unfinished
business. Is presented to the Senate pursu-
ant to this subsection, the Presiding Officer
shall at once state the niotion to the Senate,
and one hour after the Senate meets on the
fifteenth calendar day thereafter (exclusive
of Sundays and legal holidays) he shall lay
the motion before the Senate and direct
that the Secretary caU the roU, and, upon
the ascertainment that a quorum is present,
the Presiding Ofllcer shall, without further
debate, submit to tbe Senate by a yea and
nay vote the question :

" 'Is it the sense of the Senate that the
debate shall be brought to a close?'

"And If that question shall be decided In
the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
meastire, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, shall be the unfinished business to
the exclusion of all other business untU
disposed of.

"Thereafter no Senator shall be entitled
to speak In all more than one hoiu* on the
measure, motion, or other matter |>endlng
before the Senate, or the unfinished busi-
ness, the amendments thereto, and motions
affecting the same, and it shall be the duty
of the Presiding Ofltcer to keep the time of
each Senator who speaks. Except by
unanimous consent, no amendment shall
be In order after the vote to bring the de-
bate to a dose, unless the same has been
presented and read prior to that time. No
dilatory motion, or dilatory amendment, or
amendment not germane shall be in order.
Points of order. Including questions of rele-
vancy, and appeals from the decision of the
Presiding Officer, shaU be decided without
debate."

Mr. HUMPHREY. Mr. President,
first, I ask unanimous consent that the
name of the Senator from Utah [Mr.
Moss] be added as a cosponsor in any
further printing of the amendment and
that it be so noted in the Record.

The PRESIDING OFFICER (Mr. COT-
TON in the chair). Without objection,
it is so ordered.

Mr. HUMPHREY. Mr. President, on
behalf of myself and tbe other sponsors
of the pending amendment to Senate
Resolution 4. 1 ask that tbe amendment
be modified to have the resolving clause
read:

Aejotaed, That rule XXTT of the Standing
Botes of tbe Souita ta nmwndfid by adding
a new ■ecttan to read as follow:

And on line 3 inserting "4" in place
of "3".

The PRESIDINO OFFICER. The
amendment will be modified accordingly.

The amendment as modified is as
follows :

Resolved, That rule XXXI of the Standing
Rules of the Senate is amended by adding a
new section as follows:

"4. If at any time, notwithstanding the pro-
visions of rxUe in or rule VI or any other rule
of the Senate, a motlcoi, signed by sixteen
Senators, to bring to a close the debate upon
any measure, motlcm. or other matter pend-
ing before the Senate, or the unfinished
bxislness, is presented to the Senate pursuant
to this subsection, the Presiding Officer shaU
at once state the motion to the Senate, and
one hour after tbe Senate meets on the fif-
teenth calendar day thereafter (exclusive of
Sundays and legal holidaye) he shall lay the
motion before the Senate and direct that
the Secretary call the roll, and, upon the
ascertainment that a quorum is present, the
Presiding Officer shaU, without futher debate,
submit to the Senate by a yea and nay vote
the question :

" 'Is It the sense of the Senate that the
debate shall be brought to a close?'

"And if that question shaU be decided in
the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, shall be the unfinished business to the
exclusion of all other business until disposed
of.

"Thereafter no Senator shall be entitled to
speak in all more than one hour on the
measxire, motion, or other matter pending
before the Senate, or the unfinished business,
the amendments thereto, and motions affect-
ing the same, and It shall be the duty of the
Presiding Officer to keep the time of each
Senator who Bp>eaks. Except by unanimous
consent, no amendment shall he in order
after the vote to bring the debate to a close,
unless the same has been presented and read
prior to that time. No dilatory motion, or
dllatc»7 amendment, or amendment not ger-
mane ShaU be In order. Points of <»der, in-
cluding qt^estlons of relevancy, and appeals
from the decision of the Presiding Offlcor,
ShaU be decided without debate."

Mr. HUMPHREY. Mr. President, this
is what we call the majority-rule amend-
ment. It has been offered In the nature
of a substitute for the amendment of-
fered by the Senator from New Mexico
[Mr. Anderson].

I understand that the majority leader
wishes to make some announcements to
the Senate, and I should like to yield
to the majority leader without losing
my rights to the floor, if that is agree-
able.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Minnesota? The Chair hears none,
and It is so ordered. The Chair recog-
nizes the Senator from Montana.

MORNING HOUR

Mr. MANSFIELD. Mr. President, on
behalf of myself and the distinguished
minority leader I renew my request that
there be a morning hour tomorrow for
routine morning business and the intro>-
duction of bills. I do so because of the
fact that the President's annual mes-
sage will not be s«it to the Congress
until a week from today.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?

74

CONGRESSIONAL RECORD — SENATE

Jarmary U

11

1

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. MAJ^SFTRT.n. I yield.

Mr. CLARK. Of course, I have no ob-
jection; but I should like the Record to
show again that the proposed action on
the unanimous consent request does not
involve any acquiescence in the present
rules of the Senate.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana? The Chair hears none,
and it is so ordered.

INAUGURATION

Mr. MANSFIELD. Mr. President, I
ask unanimous consent for the present
consideration of House Concurrent Reso-
lution No. 1.

The PRESIDING OFFICER. The
clerk will read the concurrent resolu-
tion.

The legislative clerk read the concur-
rent resolution (H. Con. Res. 1) as
follows :

Resolved hy the House o/ Representatives
(the Senate concurring) , That effective' from
January 3, IMl, the Joint committee create<l
by Senate Concurrent Resolution 92, of the
Eighty -sixth Congress, to make the necessary
arrangements for the Inauguration of the
PrMldent-elect and Vice President-elect of
the United States on the 20th day of Janu-
ary 1961, is hereby continued and for such
purpose shall have the same power and au-
thority as that conferred by such Senate
Concurrent Resolution 92, of the Eighty-
sixth Congress.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?

Mr. JAVrrS. Mr. President, reserving
the right to object may we have a ruling
from the Chair on the following par-
liamentary inquiry: In view of the fact
that the proposed rules changes are now
at issue and are subject to amendment,
will the Chair rule that any intervening
business now transacted, whether by
unanimous consent or otherwise, does
not change the situation as ruled up>on
by the Vice President preliminarily, and
that we are proceeding imder the Con-
stitution insofar as tliose rules changes
are concerned rather than under the
rules of the Senate?

lir. HOLLAND. Mr. President, I
should like to be heard upon that request,
if I may.

The PRESIDING OFFICER. The
Chair recognizes the Senator from
Florida.

Mr. HOLLAND. I would have no ob-
jection whatever to having such con-
sent given with respect to the business
now proposed, but to have it given in the
general and broad terms suggested and
requested by the Senator from New York
would, I think, be entirely inappropriate,
and I would not agree to it because, as
stated by him. the provision would be
that any business of any kind intervening
would not be ruled to be business trans-
acted under the rules. I trust that the
Senator realizes his request is much too
far reaching for us to be able to agree
to it.

Mr. MANSFIELD. Mr. President, will
the Senator yield?

Mr. JAVIT8. I yield. i.

Mr. MANSFIELD. I withdraw the
resolution.

The PRESIDING OFFICER. The
resolution is withdrawn. The Senator
from Minnesota [Mr. Humphrey] has
the floor.

Mr. HOLLAND. Mr. President, will
the Senator yield?

Mr. HUMPHREY. I yield.

Mr. HOLLAND. If the majority
leader will postpone his withdrawal, I
should like to add that the Senator from
Florida was not objecting in any way to
the request of the majority leader nor to
any reasonable request that would ex-
empt action upon the resolution offered
by the majority leader, but was objecting
to the general and all-inclusive terms of
the request made by the distinguished
Senator from New York.

Mr. JAVrrs. Mr. President, I have
the floor; is that not correct?

The PRESIDING OFFICER. Tlie
Senator from Minnesota still has the
floor, but has yielded to the Senator
from New York, who is recognized at the
moment.

Mr. JAVrrS. Mr. President. I wish
to make clear that I was not making a
unanimous-consent request. There ap-
pears to be a misapprehension on the
part of my friend from Florida.

The PRESIDING OFFICER. It is the
understanding of the Chair that the Sen-
ator from New York was propounding a
parliamentary inquiry.

Mr. HOLLAND. The Chair, of course,
is correct, as is the Senator from New
York. But the objection made by the
Senator from Florida is just as valid
when made to the parliamentary inquiry
as it would have been if it had been made
to a unanimous-consent request. This
is because the Senator from New York,
whether knowingly or otherwise, had
predicated the words used upon such a
general statement as to foreclose the
raising of any question as to whether any
business being transacted, no matter
what kind, comes under the rules of the
Senate, if it intervened between now and
the passage on the pending business.

The PRESIDING OFFICER. In view
of the withdrawal of the resolution, does
the Senator from New York withdraw his
parliamentary inquiry?

Mr. JAVITS. I do.

The PRESIDING OFFICER. The
Chair recognizes the Senator from Min-
nesota.

Mr. MANSFIELD. Mr. President, will
the Senator yield?

Mr. HUMPHREY. I yield.

Mr. MANSFIELD. I again submit the
concurrent resolution and ask for its im-
mediate consideration.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?

Mr. RUSSELL. May the concurrent
resolution be read?

The PRESIDING OFFICER. The
conciurent resolution will be read again.

The concurrent resolution (H. Con.
Res. 1) was read as follows:

H. Con. Res. 1. Concurrent readution
that effective January 8, 1901, the Joint com-
mittee created by Senate Concurrent Resolu-
tion 92. Eighty-sixth Congress, continue and
have same powers as conferred by said
resolution.

The PRESIDING OFFICER. Is there
objection to the consideration of the
concurrent resolution?

Mr. JAVITS. Reserving the right to
object, I propound the following parlia-
mentary inquiry: Will the adoption of
this resolution in any way change the
procedural situation before the Senate
in respect of the resolution to change
rule XXII and any substitute therefor?

The PRESIDING OFFICER. Does
the Senator from Florida wish to dis-
cuss the answer to the parliamentary
inquiry?

Mr. HOLLAND. I merely wish to
state that my prior remarks, addressed
to the generality of th^ former request
of the Senator from New York, have no
application to the present request,
which is specific and not objectionable,
as was the former request.

The PRESIDING OFFICER. The
present occupant of the Chair would rule
that consideration of the resolution of-
fered by the distinguished Senator from
Montana [Mr. Mansfield] would change
the situation in regard to the rules of
the Senate, unless there is a unanimous-
consent agreement entered into that it
shall not do so. The present occupant
of the Chair must in frankness Inform
the Senate that for the first time In his
6 years of service he is making a ruling
from the Chair which is not entirely in
accord with the advice of the Parliamen-
tarian, who Is inclined to believe that
because this resolution is in the nature
of a privileged resolution, having to do
with the inauguration of the President,
it might not have that effect. However,
the occupant of the Chair does not dare
to make that ruling. The ruling of the
occupant of the Chair, unless it is over-
ruled by the Senate, is that. In the
absence of an agreement, this would
change the situation.

Mr. MANSFIEU). Again I withdraw
the resolution.

The PRESIDING OFFICER. The
resolution is withdrawn.

Mr. RUSSELL. Mr. President, a par-
liamentary inquiry. Will the Senator
yield?

Mr. HUMPHREY. I yield to the
Senator from Georgia.

Mr. RUSSELL. Has not the resolu-
tion offered by the distinguished Sena-
tor from New Mexico (Mr. Anderson]
been duly laid before the Senate as
business coming over from the previ-
ous day. under rule XL?

The PRESIDING OFFICER. It has
been so laid down.

Mr. RUSSELL. Then how is the
question raised with reference to that
resolution, when it is already before the
Senate? It seems to me we are engag-
ing in vigorously kicking a dead horse.

The PRESIDING OFFICER. The
Chair is not clear as to what resolution
the dlstingxilshed Senator from Georgia
has reference to. Is he referring to the
resolution which was submitted and
withdrawn by the Senator from Mon-
tana?

Mr. RUSSEUx I am not. I am re-
ferring to the resolution submitted by
the Senator from New Mexico (Mr.
ANDnsoir].

1961

CONGRESSIONAL RECORD — SENATE

75

Tlie PRESIDINO OFFICER. That is
what the Chair imderstood. That reso-
lution Is before the Senate.

Mr. RUSSELL. It Is now pending be-
fore tlie Senate. Is tttat correct?

The PRESIDING OFFICER. That is
correct.

Mr. RUSSELXi. HaTlng been laid
down as business coming over from the
previous day. under rule XL. Is that
correct?

Tbe PRESIDINa OFFICER. That is
correct.

Mr. RUSSI21«. Again I utterly do
not understand the parliamentary in-
quiry propounded by the Seiuitor from
New York [Mr. jAvrrsl. We are bela-
boring a dead issue and kicking a dead
horse.

The PRESIDING OFFICER. This has
to do with a different resolution.

Mr. HOLLAND. Mr. President, will
the Senator yield?

Mr. HUMPHREY. I yield to tbe
Senator from Florida.

Mr. HOLLAND. It seems to me that
the privileged resolution twice advanced
by the distinguished majority leader and
twice withdrawn is of such a privileged
nature and so necenary in connection
with the inauguration that it ought to
be considered vmder unanimous consent
and should not change in any way the
status of the pending situation now be-
fore the Senate. The Senator from
Florida seriously suggests to the ma-
jority leader that such course is open and
available. The Senator from Florida, by
raising the question he raised a moment
ago, did not in any way want to be con-
sidered as Interrupting or interfering
with the adoption of the necessary reso-
lution in connection with the approach-
ing inauguration. I am sure that the
Senator from New York also would not
wish to interfere with it in any way.

Mr. JAVITS. Mr. President, will the
Senator yield?

Mr. HUMPHREY. I yield.

Mr. JAVITS. I do not believe that one
has to play games on the floor of the
Senate. Therefore I should like to re-
spond to the observation made by the
distinguished Senator from Georgia.
The point, Mr. President, is this: This
resolution would be entirely in order to-
day under rule XL. The question which
will pinch will come up when there is an
effort made to close debate, and the ques-
tion win be, Do the rules of the Senate
apply, or are the rules to be applied by
the Chair, because this is a procedure
under the Constitution? It is at that
time that the real issue will sirise, which
can be laid before the Senate as a con-
stitutional question. Then every tech-
nical question will arise, including
whether the Senate has or has not trans-
acted other business; or whether it is
that we comply very thoroughly with the
advisory opinion given by the Vice Presi-
dent now for the third time — 1957. 1959,
and 1991.

So kmg as I am on the floor, whether
or not other Members might think that
this is unnecessary, I shall se^ to pro-
tect those rights. That was the only
purpose of my parliamentary inquiry.

The PRESIDINQ OFFICER. Tbe
Chair has ruled that If the distinguished
Senator from Montana [Mr. Manstibub]

asks unanimous consent, it will not alter
the situation. If be does not do so, the
Chair adheres to the ruling that it might
affect ttae situation befcnre the Senate.

Mr. RUSSELL. In view of the state-
ment of the Senator from New York. I
will endeavor to be as objectionable as
he has tried to be. I object to the con-
sideration of the resolution by unani-
mous consent.

The PRESIDING OFFICER. The
resolution has been withdrawn.

AMENDMENT OP CLOTURE RULE

The Senate resumed the considera-
tion of the resolution (S. Res. 4) to
amend the cloture rule by providing for
adoption by a three-fifths vote.

Mr. HUMPHREY. Mr. President, un-
til we have time to clarify this rather
confusing situation, it might be well to
proceed with something that is a rather
noncontroversial subject, such as the
proposed change in the rule relating to
extended debate in the Senate.

It seems to me that this will be a very
much more understandable subject than
the one we have Just discussed.

I am very happy and proud to be one
of the sponsors of the amendment in the
nature of a substitute for the proposal
of the Senator from New Mexico.

The present rule XXII. starting with
section 2, provides:

2. Notwithstanding the provisions of rule
m or rule VI or any other rule of the Senate
at any time a motion signed by sixteen Sena-
tors, to bring to a close tbe debate upon any
measure, motion, cv other matter pending
before the Senate, or the unfinished ousl-
ness. is presented to the Senate, the Pre-
siding Officer shall at once state the motion
to the Senate, and one hour after the Senate
meets on the following calendar day but one,
he shall lay the motion before the Senate
and direct that the Secretary caU the roll,
and, upon the ascertainment that a quorum
is present, the Presiding Officer shall, with-
out debate, submit to the Senate by a yea-
and-nay vote the question:

"Is It the sense of the Senate that the
debate shall be brought to a close?"

And if that question shall be decided in
the affirmative by two- thirds of the Senators
present and voting then said measure, mo-
tion, or other matter pending before the
Senate, or the unfinished business, shall be
the unfinished business to the exclusion of
all other business vmtil disposed of.

What that technical langiiage really
boils down to is simply this: That upon
a cloture petition having been filed, and
2 days thereafter, two-thirds of the Sen-
ators present and voting may terminate
debate.

The amendment which has been pre-
sented by the Senator from California
[Mr. KucHELl. one of the outstanding
leaders of the Republican Party, and the
senior Senator from Minnesota, together
with a number of other Senators, would
alter this situation by providing that a
majority of Senators duly qualified and
sworn, commonly referred to as a con-
stitutional majority, could— 15 days af-
ter filing a moticm for cloture — biing
the debate to a close.

We do not provide for repeal of sec-
tion 2. Section 2 provides for a 2-day
period after tbe fiUng of a motion for
cloture, and then for two- thirds of tbe
Senators present and voting.

The amcmdment now before the Sen-
ate provides that after a 15-day period,
a majority of Senators duly qualified,
chosen, and sworn shall be able to termi-
nate debate. In other words, this Is the
second stage, so to speak, in providing
an effective means of terminating de-
bate. Then, of course, we provide for
1 bom- of debate for each Senator — 100
hours of debate — after the 15 days have
elapsed.

So if in 100 hours of debate, plus 15
days after the filing of a cloture petition,
it Is not possible to bring debate to a
close without having denied any Senator
who has something wiiich he would like
to offer to the motion the opportunity to
speak, then, indeed, the question must
be more complex than discoveries in
outer space.

Mr. SALTONSTALL Mr. President,
will the Senator yield?

Mr. HUMPHREY. I yield.

Mr. SALTONSTALL. Is my under-
standing correct that 16 Senators who
wish to ask for cloture can either debate
the measure under section 2 £uid go for-
ward in that way, which is according to
the present rule, or can file a motion
under subsection 3, which is the amend-
ment which the Senator from Minnesota
is now suggesting? Can the 16 Senators
IHTOceed on (me or tbe other basis, by
adopting the second subsection proce-
dure or the third subsection procedure?

Mr. HUMPHREY. They have a
choice.

Mr. SALTONSTALL. They have a
choice. If they fail on the first one, or
subsection 2, then I assume they could
go forward under subsection 3, which is
tbe new section.

Mr. HUMPHREY. It is actually sub-
section 4, because it is not proposed to
repeal subsection 3, which relates to rule
VUL The proposal before tbe Senate
would be the second position.

Let us assiune a situation where there
was extended debate. Several Senators
might say, "We ought to bring the de^
bate to a close." Suppose 16 Senators
then signed a cloture r>etition, which
would be before the Senate for 2 days.
Then suppose an attempt were made to
bring the debate to a close. The Presid-
ing Officer would place the question be-
fore the Senate, and the yeas and nasrs
would be called for. Then suppose two-
thirds of ttie Senators present and vot-
ing said it was the sense of the Senate
that the debate should be brought to a
close. That would be it. The debate
would be brought to a close.

Mr. SALTONSTALL. Suppose the
motion failed?

Mr. HUMPHREY. If it f aUed. it would
be necessary to wait 15 days after the
signing of a petition by 16 Senators be-
fore a vote could be taken to make clo-
ture by a constitutional majority of the
Senate.

Mr. SALTONSTALL. That would
have to be a new petiticm, would it not?

Mr. HUMPHREY. That would have
to be a new petition.

Mr. SALTONSTALL. So an alterna-
tive procedure is provided, and 16 Sen-
ators can proceed under whichever plan
they prefer.

Mr. HUMPHREY. The Senator from
Biasachusetts is correct.

I

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CONGRESSIONAL RECORD — SENATE

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\\\\

Mr. SALTONSTALL. If they are de-
feated on the first procedure, then they
may use the other procedure.

Mr. HUMPHREY. The Senator is
correct. Subsection 4, or the new pro-
posal being offered, does not, I repeat,
repeal anything in the existing Senate
rule. The existing Senate rule would
remain as it is, to be applied at the dis-
cretion of the Members of the Senate.
What we are seeking to provide by the
new subsection is a further method of
terminating debate, but recognizing that
15 days are added following the filing of
a cloture petition. That means that
much more debate is allowed, and there-
fore, the number of Senators required
to bring that debate to a close would be
reduced frcmi two-thirds of those present
and voting to what is called a constitu-
tional majority.

Mr. SALTONSTALL. If the resolu-
tion being offered by the Senator from
Minnesota as a substitute for the resolu-
tion offered by the Senator from New
Mexico prevails, then the resolution of
the Senator from New Mexico cannot be
voted on. If the substitute offered by
the Senator from Minnesota fails, then
there can be a vote on the Anderson sub-
stitute.

Mr. HUMPHREY. The Senator from
Massachusetts is again correct. While
I surely have no special right to explain
the purposes of what, for simplicity, we
might call the Anderson resolution, the
Anderson resolution does not add a new
subsection. The Anderson resolution is
a rewriting of the existing subsection 2.

In substance, what it does is to change
the arithmetic from two-thirds of the
Senators present and voting to three-
fifths of the Senators present and votmg.

The amendment offered by the Senator
from California [Mr. Kuchel] and many
of his colleagues on his side of the aisle,
and the Senator from Minnesota and
many of his colleagues on the Demo-
cratic side of the aisle, would leave sec-
tion 2 as it is, and would add a new sec-
tion, section 4, which would provide an
alternative method of concluding debate
on a question on which there has been
very extended debate.

I raise the point again that our pro-
posal requires that after a cloture peti-
tion has been filed by 16 Senators, under
the rules of the Senate 15 calendar days
must elapse before the Presiding Officer
can place before the Senate the ques-
tion: Is it the sense of the Senate that
t^'.e debate should be closed?

Mr. SALTONSTALL. The justifica-
tion for the reduced number of Senators
necessary to bring the debate to a close
is the 15 days of debate plus the length
of time which must elapse after the
motion has been made.

Mr. HUMPHREY. The Senator is
again correct. His comments and ques-
tions have been very helpful in explain-
ing the proposal. So that there will be
no misunderstanding, let me make it
clear, so that those who may take part
in the argument or may be in opposition
will understand the position of the pro-
ponents of the amendment, we are not
seeking to gag the Senate. As a matter
of fact, the procedure which is estab-
lished makes it mandatory that 15 days
elapse after the cloture petition, signed

by 16 Senators, has been filed; and that
after 15 days. 100 hours more of debate
shall be available. So I repeat that the
15 days plus the 100 hours of debate —
the latter amounting to approximately
4 more days of 24 hours each, or 12
days of 8 hours each, or whatever num-
ber of days it is desired to break the
hours into — would provide a tremendous
amount of time to explore and explain
fully the issue before the Senate.

Mr. SALTONSTALL. TheoreUcally.
the provision of 100 hours Is to enable
each Senator to speak for 1 hour.

Mr. HUMPHREY. Yes.

Mr. SALTONSTALL. Could any Sen-
ator speak more than twice under this
proposal?

Mr. HUMPHREY. Under the pro-
posed amendment, each Senator shall
have 1 hour on the measure, motion, or
other matter pending before the Senate.
He is entitled to speak only 1 hour. He
may possibly speak twice in that 1 hoi^.
It does not mean that he may speak
only once. He may divide his time.

Some other suggestions have been
made. I may say that the distinguished
Senator from New York [Mr. Keating]
very favorably impressed me with a sug-
gestion he made on a television or radio
program, or in a press interview. I pre-
sume he may later want to speak on this
subject himself. The Senator from New
York attempted to afford a little more
fiexibility in the allocation of time, and
to make it absolutely certain that one-
half of the time would be allotted to the
proponents of a particular proposal and
one-half of the time for the opponents,
regardless of the ntunber of Senators
who might participate in the debate.
Do I correctly ^nderstand the proposal
of the Senator from New York?

Mr. KEATING. Mr. President, will
the distinguished Senator from Minne-
sota yield?

Mr. HUMPHREY. I yield.

Mr. KEATING. The Senator Is cor-
rect. I appreciate his comments. It has
always seemed to me that the present
rule providing for 1 hour for each Sena-
tor after cloture is illogical. It has no
historical basis and does not make sense.
There might be many Senators who
would want to use less than an hour,
whereas there might be Senators, par-
ticularly in the minority, who might
want to consume more than the 1 hour
allotted to each Senator.

Therefore, it has seemed to me that
it would be more reasonable both to the
minority on the particular issue and to
the orderly procedures of the Senate if
the time were divided between the ma-
jority leader and the minority leader and
if, under the rule, they in turn were re-
quired to allocate their time among those
who favored and those who opposed the
particular issue before us.

At the appropriate time I intend to
offer my proposal as an amendment to
the pending substitute. I would like to
propound a parliamentary inquiry to the
Chair, if the Senator frran Minnesota
will permit me to do so.

The PRESIDING OFFICER. Does
the Senator from Minnesota yield for
the purpose of the pr(^x)unding of a
parliamentary inquiry?

Mr. HUMPHREY, I do. ..._... ^

Mr. KEATING. Mr. President, do I
correctly understand that the substitute
offered by the Senator from Minnesota,
the Senator frcxn California, and sev-
eral other Senators is open to amend-
ment?

The PRESIDING OFFICER. It is
open to amendment.

Mr. KEATING. I thank the Chair.

I say frankly to the Senator from
Minnesota that I would not be inclined
to press my proposal if it were highly
controversial; as the Senator knows. I
do not wish to do anything to interfere
with our principal effort. This proposal
is a little off the beaten track ; but while
we are considering this subject, perhaps
we should act on its other aspects. It
may be that my suggestion would appeal
to all sides here. It really is in the na-
ture of an effort to compromise our dif-
ferences. It seems to me that those who
were in the minority on a particidar issue
would prefer to have the time divided
equally between those who favored their
position and those who favored the ma-
jority position, instead of having each
Senator be permitted to speak for 1 hour.

I appreciate the comments of the Sen-
ator from Minnesota, and I shall be pre-
pared to offer this as an amendment at
whatever seems to be the appropriate
time.

Mr. DWORSHAK. Mr. President, will
the Senator from Minnesota jrield?

Mr. HUMPHREY. I am happy to
yield.

Mr. DWORSHAK. Does the 1-hour
restriction also apply to the majority
whip; or will he be [>ermitted to use the
unused time allotted to other Senators?

Mr. HUMPHREY. I am happy to re-
spond to my friend. Of course we be-
lieve in equal treatment under the rules;
and although it would be unfortunate -
for the majority whip to be restricted to
1 hour, because I am sure I shall be able
to edify my friend considerably, never-
theless I shall try to be brief and to give
my friend a concentrated, consolidated
dose on the issues in a limited period of
time. [Laughter.]

Mr. KEATING. Mr. President, if the
Senator will yield, let me say that in
making my suggestion I had in mind not
only the minority Senators, but also, and
specifically, the Senator from Minne-
sota. In fact, we would be glad to have
him use 50 percent of the available time.
(Laughter.]

Mr. HUMPHREY. The Senator from
New York is extremely kind; and it is
the solicitous attitude on his part that
endears him to me. I want him to know
that I shall always be responsive to such
treatment.

Mr. KEATING. I appreciate the Sen-
ator's statement.

Mr. HUMPHREY. In fact. I would be
agreeable to having only one-half of the
50 percent. [Laughter.]

Mr. President, I believe the proposal
of the Senator from New York has great
merit, and I hope he will offer the
amendment.

The reason why the present amend-
ment in the nature of a substitute did
not go into that matter was that we had
presented the same amendment in the
nature of a sul>stitute 2 years ago, and

■*

7«

rf\wa.jivs^^\c\M K\ PFrniin — <;ft>jati7

Jn.niin.Tni L

1961

OONGRESSIONAL R£CX)RD — SENATE

n

we did not have time to contact every
sponsor before it was drawn up this time.
So it seoned to me that it might be
better to have this open discussion about
the Senator's amendment here on the
floor. Therefore. I think that at that
time his amendment will be proper, and
I think it is a very desirable one.

Mr. KEATING. I agree entirely with
the Senator's views. Again I say that
I would not be disposed to press this
matter if there were great opposition
from any side. The amendment is really
intended to promote the acceptability of
majority rule and not to complicate the
issue.

Mr. HUMPHREY. I thank the Sen-
ator from New York.

Mr. President, I desire to make only
one or two other observations.

The general argxmient used against
the majority rule provision to apply a
limitation to debate is that it would limit
free speech, that it would gag the Sen-
ate, that it would constitute a denial of
full opportvmity for expression. But.
Mr. President, the duty of the Congress,
imder the Constitution, is to act and to
do business. In the constitutional arti-
cle which relates to the Congress, almost
the first words of section 5 are these:
"A majority of each shall constitute a
quorum to do business."

Mr. President, we are here to do the
business of the Government, to repre-
sent the interests of o\ir people, and to
conduct the business of the legislative
branch of the Government.

Furthermore, although I am sure that
some of my colleagues will go into this
matter in a more scholarly manner and
with great research, if my memory is
correct most of the great parliamentary
bodies Of the world have a way to ter-
minate debate by majority rule, after
extended debate.

Let me say that many of the State
legislatures — in fact, the leglslatiu-es
of many of the States which are so ably
and effectively represented here by some
of our colleagues who support what we
call the filibuster or extended debate —
have rules pertaining to their State sen-
ate or their State house of representa-
tives to bring debate to a close by major-
ity rule. In other words, this Is no great
Innovation or no radical departure from
tradition in our legislative bodies. It is
not what I might even call very far on
the new frontier. I say to my friends on
the other side. It is really old, estab-
lished ground; and the Senate should be
catching up with what I believe to be
well-established tradition in many legis-
lative bodies.

Furthermore. I want it to be very, very
clear that before a cloture petition ever
is filed in this body. Senators are re-
luctant to sign such a petition. Every
Senator is jealous of his rights. My good
friend, the Senator from Idaho, was
concerned about the amotmt of time I
might wish to utilize on one ot these
issues; and that is a Justifiable concern.
let me say. m light of the extended serv-
ice we have had here. I can appreciate
that people might have some reason to
be concerned about that. I can assure
my colleagues that under no circum-
stances would I wish to sign « dotuxe

petition until there had been plenty of
time properly to discuss any issue be-
fore the Senate. Every Senator feels
very keenly about this matter.

So we are relying, first of all. on the
tolerance, the understanding, the expe-
rioice and, I believe, the sense of fair
play of every Senator. Certainly if there
is anything that characterizes the Senate,
it is fair play. Whatever may l>e any
S^iator's view on any issue, before any
cloture petition would ever be signed by
16 Senators, to be presented to the Pre-
siding OfBcer, even under the existing
rule XXn, many days of delrate would
have been had.

My colleagues will recall our experi-
ence with this matter a year ago. Long
debate was had on the question of the
civil rights issue; and in the history of
the Congress there has been long debate
on issues relating to a host of subjects —
not only civil rights, but also matters of
national security, tariff, and finance. We
do not propose to change the rules in
order to have the Senate pass any one
piece of legislation. Instead, we are dis-
cussing a proper change of rules in order
to insure more effective, responsive, and
resiKmsible (aeration of the Senate.

So I repeat that we have that back-
ground of tradition which restrains us in
terms of any premature cutting off of de-
bate. We have that background of ex-
l>erience and tradition which restrains us
from any prematiu-e filing of a clotiure
];>etition; and under the provisions of the
amendment in the nature of a substitute,
now before us. we provide for 15 days of
debate after the petition has been filed
before the Senate is asked the question,
"Is it the sense of the Senate that de-
bate should be brought to a close?"

If anyone deems that to be a denial of
the right of free speech, then indeed I
believe that person has extended the con-
cept of free speech beyond what is the
requirement for a responsible and effec-
tive legislative body.

Mr. President, there are going to be
many other Senators who will want to
be heard on this subject. I merely
opened the debate in order to place it
before the Senate.

I wish to thank my colleagues who
have joined in the cosponsorship of the
proposal. They are men who have given
considerable thought to this partictilar
situation. Many of the Members of the
Senate who have joined as cosponsors
are Senators who in the past have not al-
ways looked upon this proposal with
favor. They have come to an under-
standing of its acceptability and its need
through experience in this body.

I want to pay particular thanks to my
colleague frcmx California [Mr. Kuchel],
with whom I have had the privilege of
working on this matter; and, if I may, to
all those Senators on both sides of the
aisle who have given so much time to the
subject.

I would be remiss if I did not thank
the Senator from Illinois [Mr. Douglas]
and the Senator from Pennsylvania [Mr.
Clask], who have done, really, all the
basic reeearch, ifisofar as this side of
the aisle is concerned, on this particular
matter; and the two Senators from New
York [lyCr. Jatxts and Mr. KkatihgJ. the

Senator from New Jersey [Mr. CasbI.
and the Senator from California CMr.

KUCRKLI.

I know I leave out other Senators, but
those four will be the leaders in the ^ort
to modify, in a sensible, responsible, and
moderate manner, the rules of the UJ3.
Senate. *^

Mr. LONG of Louisiana. Mr. Presi-
dent, will the Senator yield?

The PRESIDING OFFICER (Mr. Btm-
DicK in the chair). Does the Senator
yield?

Mr. HUMPHREY. I am happy to
yield to the Senator from Louisiana.

Mr. LONG of Louisiana. Can the
Senator from Minnesota tell me when
last a majority voted tp shut off debate,
and that debate was not cut off for lack
of a two-thirds vote?

Mr. HUMPHREY. No, I caimot; I
am sorry. I shall be more than happy to
ascertain if that situation ever prevailed.
I am not prepared to give the Senator
an answer.

Mr. LONG of Louisiana. Is it not cor-
rect that during the last 6 years there
has never been a case where a majority
of the Senate has voted to end debate?

Mr. HUMPHREY. May I say to my
friend, who, I have a siispicion, may not
enthusiastically vote for this proposal —
I do not think he is going to vote for it
at all, enthusiastically or not — ^he has
resolved some of liis own doubts because
he may now be able to give us a vote
if he feels a majority will not really be
able to exercise the power which would
be granted imder the modification of rule
XXIT.

I say in all respect now that I do not
think it is very Important whether or
not. in the last 6 or 8 or 10 years, a ma-
jority has curbed or limited debate in
the Senate after the filing of a cloture
petition. I do not believe that is the
issue. I think the issue is whether or
not to have in our kit, in our nilebook,
a rule that is fair, a rule that is work-
able, a rule that, if the situation so de-
velops that it is needed, we shall have
available to deal with the problem.

For example, the Government of the
United States has spent billions of dol-
lars on missiles, and they are supposedly
for our defense. I might ask: Can any
Senator show me that we have ever used
any of these missiles in the defense of
this country? Have we ever fired one at
an opponent or an enemy? The answer.
of coiu'se is "No." But that does not
mean we should not have an arsenal of
missiles. It does not mean we should re-
ly cm missiles; we should have an arsenal
of a variety of weapons.

The analogy may be farfetched; but it
is necessary that the rule book, the rules
that govern the operations of the Senate,
may be used for the purpose of orderly
debate or discussion, in order to enable
us adequately to meet whatever situation
may develop, in order to properly proc-
ess needed legislation.

I believe the Senator from Louisiana
has given one of the best arguments we
have in our favor, namely, that the Sen-
ate is, indeed, very reluctant ever to cut
off debate. But I want to be sure that,
in the critical days in which we live, if
we have had weeks of time to properly
discuss an issue and if there Is a great

It'

1QA1

fY\Nnn FCfiinM at r Frriw n <st7t^ a tu

78

CONGRESSIONAL RECORD — SENATE

Jamuiry U

1961

CX)NGRESSICWAL RECORD — SENATE

I

need to terminate debate, in the public
interest, we have the equipment to do
the Job.

I respectfully point out that I do not
recommend the repeal of section 2. I
votied, as a second alternative, for the
66% percent provision, that is. two
thirds of Senators present and voting. I
also stated that was an improvement
over the previous rule. I felt that the
majority leader of the Senate, soon to be
Vice President, Lthdoh JoHireoN did a
great service for this body when he pro-
posed a much advanced and improved
rule that applied to every motion and
measure before the Senate, even a mo-
tion to bring up a change in the rules.
As Senators will recall, the old rule had
a loophole in it which denied us an op-
portunity to apply cloture to any motion
to bring up a change in the rules.

The then Senator from Texas. Mr.
Johnson, gave us a new rule, with, of
course, concurrence of the majority of
the Senate. It did not go as far as I
thought it should, but I said it was a sub-
stantial improvement. I received some
criticism for being as complimentary as
I W£^. But I expect that. A Senator is
seldom able to satisfy anybody in this
body. He is lucky to be able to satisfy
himself. The minute a Senator makes
an adjustment to reality, there is always
someone ready to "clobber" him.

There are some who are always ready
to say that the real test of a great man
is to be able to say "No." I do not be-
lieve that. I think the great test is mak-
ing progress. I think we made progress.
Therefore. I do not believe in tearing
down the house that we made. It was
a good edifice, a good structure. It did
not do everything I thought it ought to
do, but it was a great improvement.

So the proposition advanced by the
Senator from California [Mr. KuchklI,
the Senator from New York [Mr. Kkat-
ing], and the Senator frcm Illtnois [Mr.
Douglas] does not abolish section 2 of
rule XXn. We do not want to take the
legislative excavator and rip up what we
did. What we do is call upon the skilled
craftsmen of this body to build a new and
a better edifice that is required for pos-
sibly a new situation.

I think we have exemplified reason-
ableness. I believe our proposition is
sound from every point of view. It de-
stroys nothing. It contributes some-
thing. It may not be everything we shall
want in the days ahead. But we build
as we go along.

Mr. KEATING. Mr. President. wUl
the Senator yield at that point? I have
the figures before me.

Mr. HUMPHREY. Yes.

Mr. KEATING. The last date on
which a majority voted for clpture was
July 26, 1954. The issue at that time
had nothing to do with civil rights, but,
as the Senator has suggested, with an
entirely different subject, the Atomic
Energy Act.

Mr. HUMPHREY. Yes.

Mr. KEATING. That fact, to my way
of thinking, adds importance to what the
Senator from Minnesota is saying.
There is a tendency to emphasize the
issue of cItU rights in this discussion.
Actually, the action to which I have re-

ferred had to do with an entirely differ-
ent subject: na&nely. atomic energy.

Mr. HUMPHREY. I thank the Sen-
ator. As I said before, he has done a
great deal of research on this matter.

Mr. LONG of Louisiana. Mr. Presi-
dent, if the Senator will yield at that
point

Mr. HUMPHREY. I am happy to
yield.

Mr. LONG of Louisiana. Does not the
Senator recognize that one of the great-
est services that has been performed in
this body in the last 20 years was what
started out ^ be an effort by a minority
on this side of the aisle in opposition to a
giveaway of the patent rights of this
Gtovernment to private concerns xmder
the Atomic Energy Act? Was not the
battle won simply on that basis? There
was a temporary majority. After the
Members of the Senate heard the debate,
the majority was no longer a majority.
There was a majority seeking to ram its
views down the throats of a mincH-ity.
The minority held the floor for a while.

I believe the Senator from Minnesota
was part of the minority which held the
floor.

Mr. HUMPHREY. I was Indeed. I
was present on that particular occasion,
in that particular situation, as I remem-
ber, for either 28 or 30 days. It was one
or the other, either 28 or 30 days.

I wish to point out that before a clo-
ture petition was filed, a month of debate
had taken place. Incidentally, if one
cannot teach Senators about the facts of
life in a month, there must be too many
slow learners in this body. I think we
ought to be able to catch on in a month.

One may not wish to understand. One
may have an entirely different phllo>
sopliical point of view; and. therefore,
from one's individual viewpoint one may
not be able to be convinced, or to be
convincing.

Mr. LONG of Louisiana. Mr. Presi-
dent, will the Senator yield?

Mr. HUMPHREY. Will the Senator
permit me to complete my statement?
If we debate for 30 days before we have a
petition signed by 16 Senators, who feel
it is about time Vo dr^w the debate to a
close, under the present rule 18 Senators
can file a petition and 2 days later the
Presiding Officer will have no choice, but
must, from the Chair, ask the question'
stated in rule XXn, which is:

Is It th« sense of the Senate that the de-
bate shall be brought to a dose?

That is it. If two-thirds of the Sena-
tors who are present and voting say
"Yes," the debate will stop.

What is the proposal before us. which
we advance today as a substitute for the
Anderson resolution? What would it do?
It would provide that 16 Senators could
file a petition, and 15 days after they filed
the petition if a constitutional majority
should vote to terminate the debate, then
the issue would be voted upon after
each Senator was allowed to utilize an
hour In debate.

It would not say to Senators, "You are
going to vote my way." It would simply
say. "You have talked long enough. If
you have not been able to explain the
subject in the 2 months in which you
have been arguing about It now, you will

possibly never be able to come to any
closer decision, so you should either say
'Yea' or 'Nay.' You do not have to vote
'Yea.' You do not have to vote 'Nay.'
You may vote what your conscience and
your enlightenment and your own per-
cepticm of the issue tells you to vote."

I repeat: I remember the occasion.
The Senator from Louisiana was very
active in the atomic energy fight. The
Senator did a great service for his coun-
try. I hope I did a little something, also.

I ranember what was done by other
Senators. The distinguished former
Senator from Colorado, the former Gov-
ernor. Ed Johnson, was very active. I re-
member, in that debate. I mention It
because he used to sit in a chair near
where the Senator from Louisiana is
standing.

I remember very well how we battled
for days in the Senate to protect what we
thovight was the public interest.

After weeks of the fight a cloture pe-
tition was presented. I have forgotten
who initiated the cloture petition, but 16
Senators said. "Ixx^. we have had
enough. We are going to try to draw this
debate to a close." Sixteen Senators
signed the petition, and 2 days later it
was laid down for a vote.

Under the Kuchel -Humphrey pro-
posal, this bipartisan proposal we have
before us today, we would not demand
that Senators vote 2 days after the
cloture petition was filed. We would
say. "Very well. You have had 80 days
to argue already. We will give you 15
days more. Anyone, during those 15 days,
may say anything he wishes to say. Any-
one may argue as much as he wishes to.
or speak as long as he wishes to, during
those 15 days. Then, after the 15 days,
we will give 100 hours more."

I wish to say that the Senator from
Louisiana can convince nearly anyone I
know of of almost anything in less than
100 hours, or 15 days. I have great re-
spect for the Senator. In fact, one of
the worries I have had about this gener-
ous proposal is that if it were to be util-
ized by a man of such a sweeping intel-
lect and charm as the Senator from
Louisiana I am afraid he might talk me
into something into which I should not
be talked — but I will take the gamble.

Mr. LONG of Louisiana. If the Sena-
tor will yield briefly, I appreciate all of
these high compliments, but I think it is
well that those who are present in the
galleries should know what the Presiding
Oflleer well knows, which Is that the rules
will not let the Senator from Minnesota
refer to me in any other respect.
[ Laughter. 1

Mr. HUMPHREY. This is one of the
reasons why I believe we ought to have
good niles in the Senate.

Mr. LONG of Louisiana. Yes. The
same thing is true with respect to the
Senator's statement that Senators are
not slow learners. The rules will not let
a Senator say Senators are slow learners.
The rules require that a Senator must
always speak out with all deference and
say nothing that any Senator could take
offense at, which means a Senator has to
be something of a mindreader when he
does not agree with somebody.

I will say to the Senator that if the
rule as advocated had been In effect when

)\

this tremendous national service was ef-
fected for this coimtiT in 1954, the vic-
tory never would have been won. I take
no credit for that. The Senator from
Tennessee [Mr. Gorx], I think, probably
rendered the greatest Service to this Na-
tion at that time. The Senator from
Minnesota LMr. Humphrey 1 contributed
mightily.

A great national service was provided,
but that victory never would have been
won, to preserve for the public the bil-
lions upon billions of dollars of invest-
ments, from special interests who wanted
to grasp the patent rights to everything
the Goveriunent had paid for for the
benefit of the people, under a nile such
as is advocated. That great victory was
won because those who were trying to
force this thing down the throats of an
unwilling minority were compelled to
recognize that the minority could carry
on for quite a while, and there was no as-
surance the debate ever coxild be brought
to a close unless there was recognised
what was happening, which was that the
minority had a case which had to be con-
sidered and that the majority was going
to have to make some concession.

I believe, if the Senator will reflect he
will recall perhaps the greatest accom-
plishment of that debate was the fact
that an administration, fresh in power,
with what was regarded as a mandate to
do anything it pleased and anything it
thought wise, was compelled to yield to
the views of some who have been proved
to have been right on a matter of enor-
mous consequence to this coimtry.

The Senator frwn Mirmesota, I know,
has never been in favor of the rule we
have at present. The Senator may have
voted to take it, on one occasion, as the
lesser of a nimiber of evils.

Mr. HUMPHREY. The Senator is cor-
rect.

Mr. LONG of Louisiana. I am curious
to know what argument the Senator
would direct to those of us who voted for
the rule, to convince us that we should
now move in a manner which, in my
Judgment, would do violation to the rules
and to the traditions of the Senate?
That is what would happen if we were
to adopt a new rule without trying the
old one.

The Senator made reference to a mis-
sile. I can see that a missile is neces-
sary in terms of defense, but I would not
be able to understand why. if we spent a
great amount of our energy and wealth
constructing a very fine missile, we
should discard it without ever trying it
to see if it worked. I would push the
button to see.

Mr. HUMPHREY. I am not advocat-
ing discarding the missile of subsection
2 of the rule. Not at all. I say we will
keep that. Apparently some Members of
tlie U.S. Senate feel that is a very, very
sound rule.

I wish to make the record clear. I
think it was an improvement. I do not
think it is as good a rule as we need.

I have been a supporter of majority
cloture, and I believe a majority ought
to be able to act in this body. The Con-
stitution of the United States specifl-
cblly provides those areas where a ma-
jority is not all that is required, where
more than a majority is required, such

as with respect to the approval of trea-
ties and the overriding of vetoed bills and
resolutions.

For a considerable period of the history
of this country, in some of its greatest
hours and in some of its greatest decades,
a majority constituted a quorum for the
purpose of doing business, including the
shutting off of debate in the U.S. Senate.

We have had men like Daniel Webster,
Henry Clay, John C. Calhoun, and other
great men who lived under rules which
prpvided a majority could cut off debate.
I do not think it will do any damage to
the U.S. Senate if we provide that a ma-
jority shall again apply for the purpose
of cutting off debate, particularly if we
require that 16 Senators, all of whom
wish to have an opportimity to speak as
long as they feel there is any need to
speak, must sign a petition, and that peti-
tion must lie on the desk for 15 days,
during which 15 days Senators can argue
to their hearts' content, and then after
15 days have expired there shall be 100
hours more of debate permitted, so that
each Senator will have a chance to par-
ticipate in the debate. It seems to me.
Senator, that the public interest will be
well guarded.

Mr. KUCHEL. Mr. President, will the
Senator yield?

Mr. HUMPHREY. I yield.

Mr. KUCHEL. I think the record
should show that if at the time of the
atomic energy discussion or filibuster, if
my friend from Louisiana would prefer
to use that word, the resolution which
the Senator from Minnesota, I. and
others are sponsoring now was a rule of
the U.S. Senate, cloture would not have
been invoked. Oiu: rule would require
a constitutional majority of 51. All that
the proponents of cloture could muster
in favor of their motion during the de-
bate or filibuster on atomic energy was
less than a majority.

Mr. HUMPHREY. Porty-four to
forty-two.

Mr. KUCHEL. In my judgment, the
argiiment of the Senator from Louisiana
is not a reason to oppose the resolution.

Mr. LONG of Louisiana. What as-
surance can the Senator from Minnesota
offer us, if his proposed amendment is
adopted, that it will be the last we shall
hear of the subject?

Since the day I first came to the Sen-
ate the first matter of business has al-
wasrs been an attempt to chauige the rules
of the Senate to limit and restrict free
debate in the Senate. What assurance
do we have, if we should accept the pro-
posed amendment of the Senators, that
it would be the end of the discussion,
and that we would not be again con-
fronted with the same subject next year.
It may lead to the kind of situation we
have in the State legislature of my
State, whereby a legislator could make
his speech and move the question after
a single speech had been made. It might
be good practice for that legislature, but
I do not think it would be good practice
for the U.S. Senate.

Mr. HUMPHREY. There is no assur-
ance that any Senator can give at any
time anywhere that if the Senate should
adopt the proposed rule embodying the
majority principle which has been advo-
cated first, I believe, by the Senator from

Oregon [Mr. Moasx], formei* Senator
Lehman, and many others, some other
Senator may not come back later and
say. "I think the rules should be
changed." Perhaps SMne Senators will
say. "We do not like the rule. Perhaps
the rule should require a vote of three-
fourths of those present and voting."

We cannot bind future Congresses.
We must rely on the good Judgment, re-
straint, and experience of Senators, the
traditions of this body, and our under-
standing of the need of free and open
discussion. I submit that the history
of this country indicates that when we
did not have a rule requiring a vote of
two-thirds of the Senators present and
voting, as the present rule requires, when
there was a rule requiring a simple ma-
jority to cut off debate, there were great
Senators, and great public issues were
decided. The Republic was not de-
stroyed. The Senate was a mighty insti-
tution.

I merely say there is good reason to
believe that the existing body of rules
known as the Senate rules which are
now in the Senate manual ought to be
amended, not to destroy what we have
built, but to add an additional protec-
tion for what we call responsible repre-
sentative government, in order to make
it possible for a majority of Senators who
have been elected by the people of the
United States and the people of the re-
spective States to do business, because
the Constitution requires that a major-
ity shall constitute a quorum tar the pur-
pose of doing business.

Mr. MORSE rose.

Mr. KUCHEL. I yield to the Senator
from Oregon.

Mr. MORSE. I rise to confirm what
the Senator from California [Mr.
KucHFL] said a few moments ago in re-
gard to the filibuster on the atomic
energy bill in 1954. The Congressional
Record will show that I participated in
that filibuster. In fact, I believe I am
the only liberal in the Senate who admits
he filibusters. The ronainder of my
liberal colleagues talk about prolonged
debate. But I have never filibustered to
prevent a vote from ever occurring on a
piece of legislation, and I never shall.
But sometimes liberals should filibuster
long enough to see to it that the public
is informed as to what the Senate is
up to.

Sometimes we need a few watchdogs
in the Senate to keep the public informed
as to what the Senate is up to. On that
particular occasion the Senate was up to
defeating the rights of the American
public by way of a steamroller which the
then majority leader sought to impose
upon the Senate that afternoon. I re-
member it as though it were yesterday.

He asked for a unanimous consent
agreement to vote on that proposed bill
on that day or we could start talking.
The bill did not reach the floor of the
Senate until that afternoon. My recol-
lection is that the bill was about 110
pages long. I never start to filibuster
without preceding it with an offer of the
Morse antlfilibuster resolution. The
Morse antlfilibuster resolution, which I
have introduced year after year and will
offer again this afternoon before ad-
journment or recess, provides for the

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ii

basic principles contained In the resolu-
tion wiiicli tiie Senator from Minnesota
[Mr. Humphrey] , tbe Senator from Cali-
fornia [Mr. KucHEL] , and other Senators
have offered on tiiis occasion. I am a co-
sponsor of that resolution, too.

As the Senator from Itfinnesota has
said, we should consider the various anti-
filibuster resolutions, whether it is the
Morse resolution, the Leliman resolution,
the Humphrey resolution, the Doxiglas
resolution, the Javits resolution or any
of the rest, and see that not only are the
rights of the minority for full and ade-
quate debate protected, but also that the
American people are protected from the
operation of a steamroller in the Senate
that seeks.to deprive the American people
of their substantive legislative rights.
That is exactly what was attempted in
the 1954 atomic energy debate.

Instead of giving a unanimous-consent
agreement that afternoon on that issue,
we debated the subject for 13 days and
6 nights, as I recsiil; I have a pretty
good recollection about it because I held
down the "graveyard shift" through 2
long nights of that flUbtister. We pro-
tected the American people and we pro-
tected the minority. We changed a mi-
nority into a majority on a series of
amendments that were added to the
atomic energy bill in 1954, not a single
one of which would have been passed
had we as a Senate surrendered that
afternoon to the unanimous-consent
agreement to pass the bill on the after-
noon It came to the Senate. The House
had received the bill that day and passed
it, as I recall, after less than 2 hours of
debate. Then it came through the door
of the Senate, and the majority leader,
after it was laid down in the Senate, sug-
gested an immediate vote on the meas-
ure that afternoon.

I shall go along with a fight in this
session of Congress to adopt antifili-
buster legislation that will protect mi-
nority rights but, as the Senator from
Minnesota has pointed out, what was
good enough for Webster, Clay, Calhoun,
and the Senators of that day ought to be
good enough for the Senate in 1961.
They were willing to operate imder a
majority-rule principle.

There has been much reference in de-
bate over the years to the fact that we
do not always have majority rule under
our form of government and under our
Constitution, but the Constitution
specifies when majority rule shall not
apply, and so the argument by analogy
that is constantly being used in the Sen-
ate is a t3^ical non sequitur fallacy.

I am often interested In the tendency
of Senators to use an analogy in argu-
ment and think that they have drawn a
jound conclusion because there are some
similarities, overlooking the great differ-
ences that are involved almost every time
they use an argimient by analogy. This
Is a good example of it. The fact, in
my Judgment, that the Constitution
made perfectly clear when majority rule
should not apply raises a presumption, I
believe, that we ought to follow the ma-
jority rule principle.

I am going to leave my liberal friends
tn the Senate on one facet of the debate;
I am not going along with them on a
60-percent provision. There ought to be

a prolonged debate on the subject. The
American people ought to be educated on
the proposal for a 60-percent vote in the
Senate. I happen to think that it is
better in the long-range interest of the
American people that we staiul firm on
the majority vote principle and take our
beating again this year, as I think we
probably will if we stand for that princi-
ple, rather than to go along with what
I consider to be the very unsound com-
promise that would follow a defeat on
the majority rule, namely, a 60-percent
proposal.

I shall not only vote against it, but I
shall be very happy to educate the
American people in regard to the impor-
tance of that provision. It may take
some time to get that educational lesson
across to the American people. I thought
the Senator from Louisiana would be
particularly interested in the position the
Senator from Oregon is taking on that
proposal. I shall continue in the Senate
along these lines imtil I get the Ameri-
can people fully informed on the im-
portance of their legislative rights and
of the necessity that their rules be
changed in the Senate.

These rules do not belong to us as
Senators. They belong to the American
people. Unless the American people un-
derstand the direct relationship between
their substantive legislative rights and a
denial of their procedural rights in the
Senate, we will never get majority rule
in the Senate.

I believe that we liberals have made an
exceedingly poor record over the years in
carrying this issue to the country. We
have not succeeded in educating the
American people on the issue and on the
relationship between the rules of the
Senate and the legislative rights of the
people in the Senate. There have been
liberals before us who did much better
than we have done in educating the
American people on great issues that
confronted them in the Senate in their
day. We had great liberals in the Sen-
ate, such as Hiram Johnson, William
Borah, La Pollette, and Norrls, who used
to take the record of the Senate out to
the platforms of America and read the
record to the constituency of America.
Once they got the American people edu-
cated as to the need of a great piece of
legislation, they got the legislation.

Those liberals. Mr. President, did not
compromise their principles. Once they
became satisfied that it was in the inter-
est of the American people that a certain
proposal be adopted in the Senate, they
fought for it until they won. They did
not shortchange the people with
promises that . set them back for
decades.

If we adopt the 60-percent proposal in
this session of Congress, we may never
get a majority rule in our lifetime.

Therefore, Mr. President, I close by
sasring to my liberal friends that the time
has come to rally round the standard for
majority nile in the Senate, and to settle
for nothing else. If we get beaten on the
majority rule principle, then let us try
again and again and again, until we win
out.

When I make my speech on the Issue
as to the 60-percent proposal, I will be
able to show that it does not make much

difference whether it is 60 percent or 86
percent, as it now exists, as far as stop-
ping filibusters in the Senate Is con-
cerned. The only time we will really be
successful in stopping filibusters or at
least in most instances, is when we
bring to the floor of the Senate the basic
principle of democratic government that
a majority shall have the right to apeak
for the American i>eople.

Mr. LONG of Louisiana. Mr. Presi-
dent, will the Senator jrield?

Mr. HUMPHREY. I yield.

Mr. LONG of Louisiana. With all due
deference to my great and able friend
from Oregon. I would suggest that the
rule he proposes fits very well the
speeches of the Senator from Oregon and
I suppose what most people stand for
from where they are standing them-
selves.

The Senator from Oregon has spoken
on the floor of the Senate longer than
anyone else in the history of the Senate.
I well recall that he was the most con-
siderate and polite Senator in this body,
on the occasion when he spoke for 22^
hours, because when he started he in-
vited all Senators to go home and come
back the next day. and that it would not
be necessary for anyone to get up early
the next morning; that we could come
back in the afternoon, and the speech
would still be going on.

I submit, however, that when we start
tearing down and denying the rights of
Senators and begin to control discvis-
sion, we cannot stop there.

Those who do not make long speeches
woiild be inclined to say, "If 20 Senators
are denied the right to make long
speeches, then perhaps Ave or six long
speakers will make speeches of 24 hours
or longer."

Reference has been made to liberals
like Johnson and Borah and La Pollette.
Those great liberals were in favor of free
speech. They did not like some of the
things that were going on in those days,
and they were willing to fight against
them. It was important to them, how-
ever, that the rules of the Senate should
give them the right to carry on extended
debate.

My father, Huey Long, made a great
fight on the floor of the Senate, together
with former Senator Elbert Thomas, on
the preservation of the State bSLnks of
the Nation. He made the fight against
what would have resulted in an entirely
Federal system of banks. Today that is
regarded as a very wise statute. I say
to the Senator that if the rule the Sena-
tor is advocating here had been in effect
at that time, it would have been possible
to cut off debates at that time by this
t3T)e of procedure.

The Senator has referred to the right
of persuading other Senators. He knows
as well as I do the difQculty all of us
have in trying to get Senators to come
to listen to a speech. The junior Sen-
ator from Louisiana made a fight on the
aoor of the Senate a year ago for a men-
tal health program, when the Senator
from Minnesota was kind enough to
come to the Chamber to listen to a part
of his speech, at least. The Senator
knows what usually happens when once
a unanimous-consent agreement is en-
tered into to limit debate. Everyone

ill

a]

goes home. Everyone leaves the Cham-
ber. No one remains in the Chamber ex-
cept a Senator or two who is firmly
against the point of view of the speaker
and remains in the Chamber to see that
the speaker does not get very far with
his argument. At the present time there
is only one Republican Senator on the
floor. I was worried for a moment that
the Republican Party did not have any-
one on the floor during this debate.
Other than those I have mentioned,
there are usually only one or two door-
keepers present. Once a unanimous-
consent agreement to limit debate is
entered into, the debate is all over.
There is Just so much time remaining.
and it is a matter, from then on. of mere-
ly going through the motions, so far as
persuading anyone is concerned.

Does not the Senator agree with the
Junior Senator from Louisiana that once
it is agreed that debate will be closed at
a certain time and that the Senate will
vote at a certain time, there is very
little chance of persuading anyone?

Mr. HUMPHREY. I would say. hon-
estly, that there is considerable validity
in what the Senator has said. However.
I might add that one of the reasons for
the difficulty of having Senators come
to the Senate when they know there is
going to be extended debate is that they
all know it is going to be extended.
When we set a time of day when we are
going to vote, say, at 2 o'clock on Friday,
and we agree that time will be parceled
out from 12 o'clock on Wednesday, for
instance, then from Wednesday until 2
o'clock on Friday Senators are in the
Chamber and they are listening and
paying attention, and they are studying
the subject imder debate. The adminis-
trative assistants of the Senators are
on the floor with the Senators, and they
are earnestly trying to find out what
the facts are.

The point the Senator is making is il-
lustrated by what happened when the
Senator from Louisiana spoke on his
mental health program. He did a won-
derful Job on the fioor of the Senate.
I voted with the Senator. I did not
know at first that I was going to vote
with him. The Senator convinced me.

I remember also the great work done
by the Senator from Oregon [Mr.
MoBSEl. the junior Senator from Ten-
nessee [Mr. Gore], and the senior Sen-
ator from Tennesee [Mr. Kefattver]. as
well as the Senator from New Mexico
ildr. AiTDERsoN], and the Senator from
Rhode Island [Mr. Pastore]. on the
attMnic energy bill some years ago. One
of the purposes of extended debate,
which would include the 15 days that we
provide for under the amended resolu-
tion, is not only to convince Senators
by the logic of oiu* own argimients, by
our eloquence, but we are talking to the
members of the Press Gallery, who will
report the news to the constituents. We
are talking to the citizens who fill these
galleries to watch the business of gov-
ernment— sometimes. I gather, some-
what unhappily. Nevertheless, we are
trying to get our message out to the
American people. I venture to say that
while Senators may have spoken in this
Chamber when there has not been any
cvn— — 6

other Senator present except a repre-
sentiative of the majority or of the mi-
nority and the Presiding OfBcer. those
speeches may very well have provoked
a reaction in the country which caused
Senators or Members of the other body
to change their minds, or at least to be
alerted to an issue.

We are not here simply to debate with
one another. The U.S. Senate is a great
public fonmi. It provides an (H>por-
tunity for those who have been elected
by their fellow citizens in the respective
States to be heard, not merely as individ-
uals, but as a force or a voice or an
articulation of a point of view.

I luiow of many times in this Chamber
when no attention has been paid to a
speech which was being made by a Mem-
ber of the Senate. Yet his words were
carried in the press, over the great news
services, and on the radio and tele-
vision and in publications. Almost im-
mediately telegrams started to come into
the ofSce. The telephone started to
ring. Letters began to come from home.
Visitors came to the of&ces of Senators
and said, "J heard on the radio that
Senator So-and-So said the following.
What is your reaction to it?" Or, "I am
for what he said."

I should say that many times some of
the important speeches in this body are
made by Senators who are not orators,
who have no audience, and who are not
even looking for an audience, but who
find an opportunty to use the for\im of
the n.8. Senate as a platform from which
to pronounce their points of view or to
alert the American people to a particular
issue.

Many of the country's great resources
have been saved in this forum. Public
opinion has been aroused on a host of
subjects because of this forum when not
a corporal's guard of Senators were
present.

Mr. PASTORE. Mr. President, will
the Senator from Minnesota yield?

Mr. HUMPHREY. I yield to the dis-
tinguished Senator from Rhode Island.
Before doing so, I ask that the name of
the senior Senator from Rhode Island
[Mr. Pastore] be added as a cosponsor
of the amendment in the nature of a
substitute.

The PRESIDING OFFICER. Without
objection, it is so ordered.

Mr. PASTORE. In answer to those
who express a strong desire to be heard
at length on any issue which concerns
the welfare of the American people, is
it not true that one thing of which we
are losing sight, and which I think is
quite important, is that there will
already have been prolonged debate even
before a petition is circulated, let alone
before the petition rests upon the desks
of Senators?

Mr. HUMPHREY. The Senator from
Rhode Island is correct. As he knows,
we are not abolishing section 2 of t^e
existing rules; we are providing a sec-
ond step, which Is that even after that
prolonged debate and the filing of a
cloture petition — and it is no small Job
to get 16 U.S. Senators to sign
a cloture petition — it is necessary to have
a pretty good case. It is necessary to
have a mighty sound argimient. It is

necessary for Senators to be mighty tired
and mighty worried before they will sign
a petition which will say to their col-
leagues, whkidi ultimately may say to us.
and may again say to us. "No more de-
bate."

Every one of us lives here on the suf-
ferance of our colleagues. We treat each
other as responsible, decent human be-
ings, because that is the way we want
to be treated. Tbe rule of tolerance and
the nile of "Do unto others as you would
have them do unto you" certainly apply
in this body. The minute any Senator
violates those rules, he gets just what
he deserves.

Mr. President, I believe a very strong
case can be made, and has been made,
and a better case will be made, for what
we call majority nile. principally in the
matter of closing debate.

I shall jrield the floor now. Before
doing so, I ask that the name of the dis-
tingiiished junior Senator from Indiana
[Mr. Hartkk] also be added as a co-
q>onsor of the ameiuiment in the tmture
of a substitute.

The PRESIDING OFFICER. Without
objection, it is so ordered.

Mr. KUCHKIi. Mr. President, the
U.S. Senate, at very long last, has now
an opportunity to eliminate an xmdemo-
cratic and ugly practice which has long
plagued its deliberations. Available to a
majority of us is a vote to eliminate the
filibuster.

The filibuster is an anachronism. In
the 8 years that I have had the honor
to represent, in part, the people of the
State of California. I have seen many
filibusters in this Chamber, when vary-
ing and divergent issues were before the
Senate. I have seen the leadership of
whichever F>arty was in the majority
compelled to keep Senators in constant
session. 24 hours a day, day in and day
out. in order, physically, to exhaust a
minority of filibustering colleagues whose
sole and only goal was to prevent the
majority from having the opportunity to
pass Judgment upon and to approve the
business pending before the Senate.

Mr. LONG of Louisiana. Mr. Presi-
dent, will the Senator from California
yield?

Mr. KUCHEL. Not now.

Mr. LONG of Louisiana. The Sena-
tor has reflected on other Senators. I
should think he would at least yield.

Mr. KUCHEL. I do not yield, Mr.
President. I shall jdeld to my beloved
friend a little later. I first wish to make
some comments; then I shall be glad to
Shield to the Senator from Louisiana.

My first vote in the Senate, in 1953.
2 or 3 days after I took my oath of office,
was with respect to this subject. In 1953
I voted against filibusters. Intermit-
tently I have had additional opportu-
nities to reflect upon that Judgment, and
my judgment has been constant.

It seemed to me, as I came into the
Senate originally, that what I hsul heard
about filibusters was true; that filibus-
ters were evil; that the highest parlia-
mentary body in the Goverrunent of the
United States ought not to be stultified
by them. Time has demonstrated, I
think, the wisdom of that position.

It is not a very pretty picture, based
on the theory of self-govenunent in

I

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1961

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60-percent provision. There ought to be able to show that It does not make much tered Into to limit debate. Everyone

^nainoer wnen uiere nas noi oeen any
cvn 0

nave a nuKniy souna Kr^umeui*. xi> ta oa uie uieury at ot;u-iivtc»uiucuv u«

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1961

CONGRESSIONAL RECORD -- SENATE

America, to find the Senate compelled
to remain in continuous session, never
stopping, day in and day out. week in
and week out, and to observe some Sen-
ators who are able to stand and speak for
10 hours. 15 hours, 20 hours, or more,
simply to prevent the Senate from work-
ing its will.

In 1053 Senators filibustered on the
subject of the tidelands controversy.
That filibuster went on and on. Finally,
through exhaustion, and because one
of the Senators who opposed the measure
was about ready to siifler a heart attack,
the filibuster was finally broken, and the
Senate passed the measure which was
then pending.

Mr. President, during one of the pre-
vious debates I made a statement later
read into the hearings of the special
subcommittee of the Committee on Rules
and Administration which was appointed
to consider this subject during the 85th
Congress. I said :

What Is a flllbtuter? My definition would
be that it Is Irrelevant speechmaklng in the
Senate, designed solely and simply to con-
sume time, and thus to prevent a vote
from being taken on pending legislation.
To my mind a filibuster Is an affront to the
democratic processes and to the intelligence
Of the people of the United States.

I believe that today. To see Senators
answering a quoriun call at midnight, at
2 o'clock in the morning, and at 4 o'clock
in the morning; coming into the Cham-
ber unshaved, unkempt, many of them
without neckties, and bleary-eyed from
lack of sleep, at 6 o'clock in the morning;
knowing that they faced another 24-hour
day, and one more, and one more, and
one more after that, is a sad commentary
on the ability of the people of the Ameri-
can Republic to represent themselves
through elected legislators of their own
choice.

Our opportunity today is a imique one.
We can shear away a rule which per-
mits regrettably extended talkathons.
We can do it because of a courageous,
logical, and constitutional opinion
handed down on two occasions by the
Vice President of the United States.
When Vice President Nixon was first
confronted with this problem in 1957.
he had before him a set of rules which
many Senators contended continued into
the next Congress.

The PRESIDING OFFICER. The
hour of 2 o'clock has arrived, and morn-
ing business is concluded; and the reso-
lution goes to the calendar, under the
rule.

Mr. JAVrrS. Mr. President

Mr. EHJCHEL. Mr. President, do I
lose the floor?

The PRESIDING OFFICER. No, the
Senator from California still has the
floor.

Mr. JAVTTS. At this point wiU the
Senator from California yield?

Mr. KUCHEL. I yield to the Senator
from New York.

Mr. JAVrrs. Mr. President, I t^k my
colleague to yield to enable me to pro-
pound a parliamentary inquiry; and I
ask unanimous consent that he may not
lose the floor.

The PRESIDING OFFICER. With-
out objection, it is so ordered.

Mr. JAVrrs. My parliamentary in-
quiry is as follows: If we are proceeding.

under the Constitution, to consider new
rules for the Senate, and if there apply
only such rules as do not inhibit that
process, is it not then proper that the
2 o'clock lule shall not apply in this in-
stance to this situation?

The PRF/SIDING OFFICER. Under
the usual rule and the precedents of the
Senate, a resolution of this type is, at
the conclusion of the morning hour,
placed upon the calendar, subject to
being called up at a later time. How-
ever, it would be proper to request unani-
mous consent to proceed without regard
to that rule.

Mr. JAVITS. I thank the Chair.

Mr. HUMPHREY. Mr. President, I
move that the Senate resume the con-
sideration of Senate Resolution 4, as
modified.

Mr. RUSSELL. Mr. President, I sug-
gest the abj^ence of a quorum.

Mr. KUCHEL. Mr. President, will the
Senator from Minnesota withhold his
motion for a moment?

Bifr. HUMPHREY. I withhold it tem-
porarily.

Mr. KUCHEL. Mr, President, do I
have the fl<x)r?

The PRESIDING OFFICER. Yes.

Mr. RUSSELL. Mr. President, the
Senator from California cannot hold the
fioor and permit another Senator to make
a motion.

Mr. KUCHEL. Mr. President, will the
Chair explain the parliamentary situa-
tion? If I have the floor

The PRE8IDINO OFFICER, The
Senator from California has the floor,
and may proceed if he desires to do so.

Mr. RUSSELL. Mr. President, the
Senator from California cannot prevent
me from suggesting the absence of a
quorum after a motion is lodged before
the Senate.

The PRESIDING OFFICER. Did the
Senator from California yield to the
Senator from Minnesota for the making
of a motion?

Mr. KUCHEL. I yield to the Senator
from Minnesota for that purpose.

Mr. RUSSELL. Mr. President, I re-
serve the right to object; and I shall ob-
ject unless there is an agreement that
we may have a quorum call after the
motion is lodged — as is usually the case
in the Senate.

Mr. KUCHEL. I have no objection,
except that I am in the midst of some
comments which I wish to make on this
subject.

Mr. RUSSELL. There is nothing to
prevent the Senator from California
from proceeding with his remarks. He
does not have to yield for this purpose.
But if he yields and if a motion is made,
it is certainly proper to suggest the ab-
sence of a quorum — if the Vice President
has not declared that rule of the Senate
unconstitutional.

Mr. KUCHEL. Then I am happy to
yield to the Senator from Minnesota;
and I ask that after the quorum call is
had, I may be permitted to resume my
remarks.

Mr. HUMPHREY. Mr. President. I
ask unanimous consent that after the
quorum call, the Senator from California
be permitted to continue his remarks.

The PRESIDING OFFICER. Without
objection, it is so ordered.

Mr. HUMPHREY. Mr. President, I
now move that the Senate resume the
c<msideration of Senate resolution 4, as
modified.

Mr. RUSSELL. I suggest the absence
of a quonim.

The PRESIDING OFFICER. The
clerk will call the roU.

The legislative clerk proceeded to call
the roll.

Mr. RUSSELL. Mr. President, I ask
unanimous consent that further pro-
ceedings under the call of the quorum
may be dispensed with, in order that the
distinguished Senator from California
[Mr. KtJCHEL] may proceed with his re-
marks.

The PRESIDING OFFICER. Is there
objection? The Chair hears none, and
it is so ordered. The Senator frtHn Cali-
fornia.

Mr, KUCHEL. Mr. President, in his
first opinion on the capacity of the ma-
jority of the Members of the Senate to
govern themselves by adopting rules at
the beginning of each Senate session,
the distinguished Vice President of the
United States had before him the niles
of the preceding Congress which had
been adopted by the Senate to guide him.

With respect to the problem of full
and free debate finally being concluded,
so that Senators would have the respon-
sibility of answering the rollcall on the
merits of the pending issue, ttie Vice
President had before him lang\iage of
the prior Senate niles which would have
prevented any type of cloture whatso-
ever with respect to a motion to change
the rules — I repeat, no cloture whatever
was available in those days — to prevent
an endless talkathon against changing
the rules.

But, in addition to that, the Vice Presi-
dent had before him a provision of the
Senate rules which went on to say that
cloture could not be invoked imless a
constitutional two-thirds of the Senate
voted in favor of the cloture.

The Vice President, however, had be-
fore him something else. He had before
him the American Constitution, the basic
law of this land, and he had particularly
section 5 of article I, which. In part,
provides:

Each House may determine the rules of it*
proceeding^, punish its Members for dis-
orderly behavior and, with the concurrence
of two-thirds, expel a Member.

Thereafter the distinguished Vice
President of the United States said this
to the Members of the Senate:

It is the opinion of the Chair that while
the rules of the Senate have been con-
tinued from one Congrees to another, the
right of a current majority of the Senate
at the beginning of a new Congress to adopt
its own rules, stemming as it does from the
Constitution itself, cannot be restricted or
limited by rules adopted by a majority v f the
Senate in a previous Congress.

Any provision of Senate niles adopted in
a previous Congress which has the ezpresaed
or practical effect of denying the majority
of the Senate in a new Congress the right
to adopt the rules under which It desires to
proceed is. In the opinion of the Chair,
unconstitutional.

I applaud the clarity and the courage
of the Vice President of the United
States in rendering that advisory opin-
ion.

Be further said:

It to also the cptnton d the Chair that
section 8 of rule XXn In practice has such an

effect.

That, I observe parenthetically. Mr.
President, was the provision by which
the Senate rules purported to preclude
any kind of cloture against a motion to
change the rules.

I proceed further with the reading of
the advisory opinion:

The Chair emphasizes that this to only
hto own opinion, because under Senate
precedents, a qucstloo of constitutionality
can only be decided by the Senate Itself, and
not by the Chair.

At the beginning of a seselon In a newly
elected Congrees, the Senate can Indicate Its
will in regard to its niles in one of three

First. It can proceed to conduct its busi-
nees under the Senate rules which were in
effect in the previous Congress and thereby
Indicate by acquiescence that those rules
continue In effect. Tlito has been the prac-
tice In the past.

Second. It oan vote negatively wlien a
motion to made to adopt new rules and by
•uch action Indicate approval of the prevlotis
rules.

Third. It can vote affirmatively to proceed
with the adoption of new rules.

Turning to the parliamentary situation In
which the Senate now finds itself. If the
motion to table should prevaU, a majority of
the Senate by such action wo\Ud have Indi-
cated its approval of the previous rules of
the Senate, and tboee rules woiUd be binding
on the Senate for the remainder of this Con-
gress unless subsequently changed under
thoee rules.

If, on the other hand, the motion to toy on
the table shall fsU, the Senate can proceed
with the adoption of rules under wtiatever
procedures the majority of the Senate ai>-
proves.

In summary, until the Senate at thfe initi-
ation of a new Congress expresses Its will
otherwise, the rules In effect in the previous
Congress In the opinion of the Chair remain
In effect, with the exception that the Senate
should not be bound by any provision In
thoee previous rules which denies the mem-
bership of the Senate to exercise its constitu-
tional right to meJu its own rules.

Mr. President. I repeat: In my Judg-
ment the Vice President of the United
States is eternally sound constitutionally
in this opinion. He indicated with clar-
ity what in his Judgment the Constitu-
tion of the United States gives to the
Senate in each Congress with respect to
a right to adopt rules by which to govern
its orderly parliamentary procedures,
and to do it by majority vote.

Would it not be foolish, Mr. President.
to argue that if one Senate years ago
had ruled that the rules of the Senate
could not be apjiroved except by a unani-
mous vote that this would serve to hand-
cuff all future Senates through all eter-
nity? How foolish that would be. Is
there anyone in this Chamber who would
argue that a U.S. Senate in some prior
Congress which adopted such rules could
tie the hands of and manacle the
Members of the Senate imtll doomsday
against changing the rules, which all
Members of the body might wish to ap-
prove with one exception? I do not
think so.

Thus, we have at the opening of this
new Congress a unique opportunity avail-
able to us to eliminate what I think may
properly and accurately be called an
Ugly and undemocratic procedure by

which Senators may talk indefinitely not
for the purpose of adding one scintilla of
wisdom to the debate on the pending is-
sue, but simply to prevent Senators from
exercising their constitutional duty of
standing on this floor and voting up or
down the pending question.

Mr. President, I think a point ought
to be made in this debate that both great
American political parties this past year
in their national conventions promised
the American f>eople that democracy
would prevail in the Congress of the
United States.

Mr. President, I am proud that the Re-
publican National Convention, meeting
last year in the city of Chicago, said:

We pledge our best efforts to change pres-
ent rule xxn of the Senate and other ap-
propriate cong^sslonal procedures that
often make unattainable proper legislative
implementation oNconstitutlonal guarantees.

There is a firm commitment to the peo-
ple of the United States by the great
political party to which I have the honor
to belong. It is a commitment promis-
ing that Republicans will seek to change
rule xxii under which filibusters these
many years have been conducted.

I congratulate those who gathered in
the city of Los Angeles in my State of
California representing the Democratic
Party, for in its platform the Democratic
National Convention said :

In order that the will of the American peo-
ple may be expressed upon all legislative
proposals, we urge that action be taken at
the beginning of the 87th Congress to Im-
prove congressional procedures so that major-
ity rule prevails and decisions can be made
after reasonable debate wlthont being
blocked by a minority In either House.

They also said:

To accomplish these goals will require
Executive orders. legal actions brought by
the Attorney General, legislation, and im-
proved congressional procediires to safe-
guard majority rale.

Thus, It was, Mr. President, that some
of us at the opening of this session of the
Congress, some of us in the Senate on
both sides of the aisle, believing devoutly
that in this modem era filibusters have
no place in orderly American Govern-
ment, believing that the commitments
made by the Republican and I>jmocratic
Parties to the American people represent
something specific which ought to be
done, have joined together to sponsor the
resolution which is now before us on a
motion that it be made the pending busi-
ness.

Mr. President, by reason of the rules
of the Senate as amended and as adopted
in the last Congress, provision has been
made for a cloture petition signed by 16
Senators to lie over at the desk for 2
days and then, if two-thirds of the Sen-
ators present and voting approve of It,
debate shall be ended, except for an addi-
tional 100 hours to be parceled out 1 hour
each to every Member of the S(;nate.

What some of us are urging the Senate
to do now is to add an additional or an
alternative means of eliminating long-
drawn-out "talkathons" by providing for
a cloture petition, to be likewise signed
by 16 Senators, but providing further
that if such petition lies on the desk of
the Senate for 15 days and is tiiereafter
approved by a constitutional majority of

Senates — that is to say, 51^<iebate then
will have to come to a close, subject again
to 100 additional hours available. 1
each to every Member of the Senate.
We retain the two-thirds provision after
2 dajrs. but we add a 51-vote provision
after 16 days, excluding Sundays and
holidays.

Mr. KEATING. Will the Senator
from California yield to me for the pur-
pose of propounding a parliamentary in-
quiry on that subject?

Mr. KUCHKI.. I am glad to yield to
the Senator from New York for that
purpose.

Mr. KEATING. I know that the dis-
tinguished Senator from California has
correctly stated the intention of those
of us who have offered the proposed
amendment. It has come to my atten-
tion that perhaps there is a little con-
fusion on the subject, and I therefore
propound this parliamentary inquiry.

Does the proposal now made by the
group of us headed by the distinguished
Senator from California and the Senator
from Minnesota, by its wording retain
the existing provisions of rule XXn re-
lating to the two-thirds requirement for
cloture? Is it an addition to rule XXn
or does it, in fact, repeal that rule and
substitute the 51 -percent requirement
for the two-thirds requirement?

The PRESIDING OFFICER. The
question which would be before the Sen-
ate when the resolution is up for consid-
eration is the Humphrey amendment to
the Anderson resolution as modified.

Mr. RUSSELL. Mr. President, will the
Senator yield?

Mr. KEATING. I yield.

Mr. RUSSELL. Is it not a bit unkind.
while the distinguished Senator from
Califortiia is occupying the floor and
pleading so fervently in behalf of the
proixMcd amendment, that notwith-
standing the list of Senators who co-
authored the proposed amendment the
Chair should refer to the amendment as
the Humphrey amendment? I do not
think the Chair should exclude the Sen-
ator from California. He is on his feet
diligently urging the ad(q}tk>n of the
proposed amendment. He appears as a
coauthor. I believe he should be entitled
to some Uttle recognition. I do not think
he is entitled to any credit, but I believe
he is entitled to some recognition.

Mr. KUCHEL. Let us use the legal
phrase "and others," Mr. President.

The PRESIDING OFFICER. The
Humphrey "and others" is the proposed
amendment.

Mr. KEATING. If the Senator will
yield further, I respectfully request a
ruling from the Chair on my parliamen-
tary inquiry. I am aware of the fact
that the Humphrey-Kuchel and others
amendment is pending to the Anderson
amendment.

Mr. RUSSELL. I did not mean to ex-
clude the Senator from New Yojrk.

Mr. KEATING. I appreciate the un-
failing courtesy of my friend from Geor-
gia, l^ problem is this: The distin-
guished Senator from Minnesota LMr.
HuMPHHKY] and the distinguished Sen-
ator from California [Mr. Kxtchkl] have
both pointed out that we are trying to
add something to rule XXn without dis-
turbing the old two-thirds section as it

84

CONGRESSIOfi^AL MCORD — SENAW

January U

1961

CONGRESSIONAL RECORD — SENATE

«(uuj 49 no xviivwo. ij. wc die vJ^uucruiUK. uujccuuu, III lasuuraerea.

U^A^ CW^U VLLIt«C«««W<CtlM\' JM V^/V^'MUAV^ WJ ••^(rm vr > v^a w^

84

CONGRESSIONAL RECORD — SENATE

January U

1961

CONGRESSIONAL RECORD — SENATE

ill

now exists. It has been suggested, how-
ever, that because of the form of the
substitute, we may in fact, be doing away
with the two-thirds section. This most
certainly is not the Intention and I am
seeking some clarification.

Mr. KUCHEL. I think I can allay the
apprehension of my able colleague. I
should like to state affirmatively that the
resolution which pends before the Sen-
ate under a motion to make It the pend-
ing business refers to and seeks to amend
section 3 of rule XXH, and we do not
seek in any fashion, nor do we say that
we seek, to amend section 2 of rule
XXII.

Mr. RUSSELL. Mr. President, I de-
sire to make a point of order that the
question as to the effect of an amend-
ment, strictly speaking, Is not a parlia-
mentary question. That is a legal ques-
tion. I do not know that the Chair Is in
any way authorized to rule on the legal
effect of an amendment. That is some-
thing upon which every Senator must
pass for himself. Who is boimd by a
ruling of the Chair as to the legal effect
of an amendment?

The PRESIDING OFFICER. In re-
sponse to the question of the Senator
from New York, the Chair will state that
the Chair does not seek to Interpret the
meaning of an amendment.

Mr. KUCHEL. Mr. President, I am
arguing in favor of what we seek to do.
I wish afElrmatively to say what the in-
tent of the coauthors is. I think the
language speaks for itself. The intent
of our resolution, which is offered in the
nattire of a substitute. Is to add a new
section to rule xXU, and since the lan-
guage does speak for itself, and since
we have indicated that we do not, by the
language of oiu: substitute, touch sub-
section 2, but seek to amend section 3, 1
think it is perfectly clear what the in-
tention of the sponsoring Senators is.

I wish to proceed, if I may.

Mr. KEATING. The Senator having
srielded, I must ask the Chair either to
rule or to decline to rule in the light of
tine representations made by the Senator
from Georgia.

The PRESIDING OFFICER. The
Chair will comment that the Kuchel-

Humphrey, et al.. amendment, as modl-
fled, adds a new section to rule XXn,
which would probably be section 4.

Mr. KUCHEL. Can anyone believe
that a future iienate can or should be
restricted tn its actions by the dead hand
of a past Senate? Was it not a great
Virginian. Thomas Jefferson, who
queried:

Can one generation bind another, and all
others. In succession forever? I think not.
The Creator has made the earth for the liv-
ing, not tho dead.

Students of government. Congress, and
the Supreme Court have likewise recog-
nized that no legislature can pass what
Judge Cooley once described as "irre-
pealable laws." Thus, to permit a two-
thirds reciuirement, such as that which
exists in the present rule XXn, enacted
by a preA lous Senate to hinder the ex-
pressions of a majority of a successor
Senate would violate every canon of our
Constitution and American political
theory. A filibuster to prevent a change
in the filibuster rule which itself was
adopted by a majority vote would have
such a result. This was the imreason-
able situation in which the Senate found
itself as a result of the rules changes of
1949. At that time, the Senate had ruled
that there could be no cloture on any
proposal to change the rules of the Sen-
ate. Although this section was elimi-
nated in the 1959 revisions, a section
with similar effect was added. Conse-
quently, the present section 2 of rule
XXXIl reads:

The rulea of the Senate shall continue from
one Congress to the next Congress unless
they are changed as provided In these rule*.

Any attempt to sanction a filibuster
under such a rule which would prevent
a majority now from exercising its will
must be unconstitutional under article
I, section 5.

In the brief prepared for the Vice
President we stated:

A majority in 1969 cannot give a minority
In 1961 the right to prevent the majority In
1961 from exercising Its democratic will (pp.
24-25).

To believe otherwise is to reach the
obvious extremes which would permit
future amendments to the rules only by

Analyait of the operations of the U.S. Senate

unanimous consent or to pass a rule that
no equal-rights legislation could be con>
sldered for a specified number of years.
To permit such a nile to survive is not to
facilitate Senate business but to hinder
it; In effect. It Is to mask substance as
procedure since its continuation would
prevent majority action on substantive
issues.

In prior years, a majority of the Sen-
ate adopted its own rules without being
obstructed by actions and rules of an
earlier Senate. For example, in 1819, a
joint resolution authorized each House to
choose the printer for the next succeed-
ing House. Two decades later, in 1840.
a Democratic Senate chose the firm of
Blair and Rives as printer prior to being
succeeded by a Whig Senate. Despite
claims by Senators Allen of Ohio and
Buchanan of Pennsylvania that the Sen-
ate could not dismiss the printer because.
as a permanent and continuous body, it
was bound by the Senate of an earlier
Congress, the resolution to dismiss was
adopted 26 to 18.

For 87 years from 1789 to 1876. the
House and Senate had acquiesced in the
continuation of various Joint rules. In
1865. a rule concerning the method of
counting the electoral votes was adopted.
Four years later, the two Houses dis-
agreed as to the rule's effect. The Sen-
ate, despite long accepted practice of
continuing the rules without voting, now
voted to reject a substitute resolution
which treated the rules as in force and
accepted the initial resolution which was
based on the theory that no Joint rules
existed at the opening of the new Con-
gress.

An analysis of the operations of the
UjB. Senate shows that with the possible
exception of the rules, all legislative and
executive activity of the Senate begins
again with a new Congress. And I sub-
mit that the adoption of the rules which
are carried over Is in reality a matter of
convenience.

Mr. President, I ask imanimous con-
sent that a chart entitled "Analysis of
the Operations of the VS. Senate" be
included at this point in my remarks.

There being no objection, the chart
was ordered to be printed in the Rkcoko.

AcUvlty

Soaatesots

anewlnesob

Concresi

.Senate bound
by Senate

ofbrecedlng
Congrew

Comment

1. Introduction of bllb

X

See Senate rule XXXIL

3. Oommittee oonslderatloa of bilb

X

Do.

3. Debate on blUs — -

X

Do.

4. Voting on bUk

X

Do.

S Klectinn of ofltam *l..... j^^... .. ^u .x.......

X

While the old offloere carry over until new ones are elected, the carrvover does not prove
rules carry over. It is a mere oonvanienee. Even tn the House, the CIsfk carries over
nntll the new one iseleeted. Obviously this does not proTe that House raise carry over;
tbey do not.'

Although CTpdentlals of a Senator-elect are often presented to the Senate prior to the be-
ginning of his term, the validity of the credentials can only be oonsldered by tbe Senate
to wblob be was elected and not before.

See Senate rule XXXVn(2).

See Senate rule XXXVni(6).

6. Consideration of validity of senatorial elections

X

7. Consideration of treaties ...........1.. .......

X

8. Submission and consideration of nomlnatloos .

X

9. Election of committee members.. .. ....

X

See Rule XXV. While old committees oarrv over until new ones are elected, tbe eany-
over does not prove rules carry over. It b a mere con\-enlence. Even in tbe House,
tbe Clerk carries over until the new one is elected. Obviously this does not prove that
House rules carry over; tbey do not.

Adjourns sine die. When Congrsss endf at noon of a particular day, and a spedal siiuslmi
of the Senate of the new Congress is oaDed, the Senate adjourns at noon, and 1 Brinnle
afterward opens tbe new session.

Psst practice of Senate on rules is ambiguous. It can be emlained as aoquiesoenoe in pest
rules, which can either be repeated at tbe opening of the flenale of any new C<oinffresB by
beginning to operate under thorn or which can be refused by ttM adopUon of new mlsi
in whole or in part.

10. Adjournment

X

11. RnlM

(T)

m

i Similarly, tbe fact that t^ President pro tempore carries over until there Is a
ebange of party control of the Senate is no evidence of rules carryover. On tbe con-
trary, tbe (aet that an election of a President pro tempore automatically follows a

shift in party control (see CoNoanBOMAL Rboorp, vol. M, pt. 1, p.0) Is evtdenoetbat
tbe Senate of each new Congress responds to tbe will of the majority of tbe Senate of
that Congress.

Mr. KUCHEL. Mr. President, because
two- thirds of the Senate carries over
does not mean that the bills, resolutions,
treaties, and nominations considered in
the previous Congress carry over. They
do not. But clearly the continuing
nature of the Senate is irrelevant if its
iMles conflict with the Constitution.^ To
assume that the rules carry over because
two-thirds of the Senators do is to as-
sume that the two-thirds carryover
would always carry a majority in favor
of the existing rules. Tet one-third of
the Senate could conceivably be elected
for the first time every 2 years, and still
others could change their views in the
meantime.

Perhaps the experience of the House of
Representatives is pertinent here. Sen-
ators on tx>th sides of the rules issue
have admitted that the House is not a
continuous body. Yet for 30 years be-
tween 1860 and 1890, the House ac-
quiesced in past rules rather than for-
mally adopting new rules at the k>egin-
ning of each Congress. The rules were
continued under a resolution which held
that the 1860 rules would be in force un-
less otherwise ordered. As the result of
Speaker Thomas Reed, a majority of
Congress, operating under general par-
liamentary law at the beginning of a new
Congress, adopted new rules. Acquies-
cence for 30 years did not prevent the
majority from acting. Both the Senate
and House organize their work on a 2-
year basis. The difference is only in the
length of terms of the Members.

The authority by which the House of
Representatives first acquiesced in prior
rules over many Congresses, and then in
its determination that it would adopt
new rules at the beginning of each Con-
gress, stems from exactly the same lan-
guage in the Constitution which the Vice
President has applied in his advisory
opinion to the Senate and which some of
us hope will be api>ealing to a majority
of the Members of the Senate, so that
we can take sction which was promised
the American people by both political
parties and which, in the Judgment of
many of us, Ls long, long overdue.

Furthermore, the present two-thirds
requirement of rule XXn is in violation
of the Constitution which established
majority rule as the operating principle
of our Government except in five specif-
ically enumerated instances. The five
Include first, the power of Congress to
override the veto: second, the ratifica-
tion of treaties by the Senate; third, the
initiation by Congress of constitutional
amendments; fourth, the power of im-
peachment; and fifth, the expulsion of
Members of either the House or Senate.
The Constitutional Convention rejected
efforts to Impose the two-thirds require-
ment on questions of interstate and for-
eign commerce, navigation, and the at-
tainment of a quorum.

Mr. President, in those unhappy and
tragic instances when Congress has re-
sponded to the request of the Chief
Executive to declare war, each House of
Congress hsis acted imder the Constitu-
tion, by which a declaration of war may
be adopted by a majority vote of each
House of Congress. That indeed is the

general rule. The Presiding OflBcer and
I and the other Members of the Senate,
when we sit in Judgment on such iu*gent
matters as the amoimts of money needed
for America's defense, decide the issue by
a majority vote, and no more.

When we determine all the important
issues which come before us each year,
as to what is necessary and what is in
the Interest of the American people, a
majority vote is all that is reciuired ex-
cept in those five specific instances
which I have previously noted

During the past century tliere have
been over 40 leading filibusters which
have consumed endless days of Senate
time. Some have been coordinated ef-
forts by a group of Senators wliile others
have been a more lonely crusade. The
Senate has not always been plagued with
this cancer. When the first Congress
assembled in New York in 1789, the Sen-
ate adopted on April 16, rule IX, which
permitted the previous question to be
moved and seconded. Once done, the
Presiding Officer queried: "Shall the
main question be now put?" If the nays
prevailed, the main question was not
then put and debate continued. If it
was in the affirmative, a vote was at
once taken. When the Senate rules were
revised In 1806. the previous question
was omitted. It had been moved only
four times and used only tliree times
during the previous 17 years. Abuse as
a result of its elimination was not imme-
diately noted since the Presiding Officers
were strict concerning the germaneness
of speeches.

Mr. RUSSELL. Mr. President, will
the Senator yield?

Mr. KUCHEL. I yield.

Mr. RUSSEUi. Is the Senator aware
of the fact that the previous question,
to which he refers, was, in the First Con-
gress, a debatable issue, and was de-
bated? Does the Senator know that the
minutes of the First Congress show that
considerable debate took place, sifter the
previous question was moved, as to
whether or not the previous question
should be voted on? I can pet some of
the original minutes of that Congress, if
it is necessary to convince tlie Senator,
to show that debate was held sifter the
previous question was moved in the Sen-
ate under that original rule.

Mr. KUCHEL. If that is true, I did
not know it. I thank the Senator from
Georgia.

On the eve of America's entry into the
First World War, a successful filibuster
of the so-called armed-ship bill caused
President Wilson to call the Senate into
extraordinary session and resulted m
the cloture provision similar to the pres-
ent rule XXII, whereby two-thirds of
the Senators present and voting could
limit debate.

Both political parties in this period
showed concern for the filibuster abuses.
In 1916 and 1920, the Democratic plat-
form stated:

We favor such alteration of the rules of
procedure of the Senate of the United States
as will permit the prompt transaction of the
Nation's legislative business.

In 1922, the Senate Republicans, in a
party conference, voted 32 to 1 for ma-
jority cloture on revenue and appropria-

tion bills. A resolution to that effect
was offered in 1926.

In 1939 and 1945. an antiflllbuster rule
was made a part of the Reorganization
Acts. Debate on a resolution to dis-
approve a Presidential reorganization
proposal was limited to 10 hours.

In thL5 instance, as in others, the Sen-
ate severely limited its right of free
speech well in advance of any knowledge
as to the issue. Between 1949 and 1959,
cloture could only be invoked if a consti-
tutional two-thirds agreed. Thus, during
this period, it required a greater number
of Senators to limit a Senator's speech
than to expel him. In 1959, rule XXn
was amended to two-thirds of those pres-
ent and voting. But because of the high
attendance on a vote as crucial as that
of cloture, it was a relatively meaning-
less change.

Since 1917, there have been 23 cloture
votes. A two-thirds majority was se-
cured in four cases — the last being in
1927. On 9 occasions a majority of the
entire Senate membership was obtained ;
while on 15, a majority of those present
and voting was secured. Seven cloture
attempts received the support of only a
minority of those present and voting;
and one resulted in a tie vote. Thus,
cloture failed 19 out of 23 times. It is
interesting to note that under a ma-
jority of the entire membership rule,
which we are here advocating, cloture
would have failed 14 out of 23 times.

Mr. President, I ask unanimous con-
sent to have printed in the Record at the
conclusion of my remarks three tables
entitled "Legislation Delayed or Defeat-
ed by Filibusters," "Later Action on 35
FiUbustered Bills," and "Senate Votes.
1919-60. on Invoking Cloture Rule," pre-
pared by the Legislative Reference Serv-
ice of the Library of Congress.

The PRESIDING OFFICER. Is there
objection? The Chair hears none, and
it is so ordered.

(See exhibits 1, 2, and 3.)

Mr. KUCHEL. Mr. President, no one
has claimed that State senators are un-
democratic or do not protect minority
rights. In the State senate in which I
had the honor to serve before the war,
we could proceed, by majority vote, to
move the previous question. Forty-five
of the forty-eight States forbid filibus-
tering in the upper houses of their legis-
latures. In most cases, the limitation on
debate is imposed by majority vote.

Listen to the words of the late Henry
Cabot Lodge. They are as fitting today
as when he uttered them several decades
ago. Of the abuse of parliamentary dis-
cussion and legislative decorum which
we know as the filibuster, he said :

There must be a change, fca- the delays
which now take place are discrediting the
Senate, and this is greatly to be deplored,
■the Senate was perhaps the greatest single
aclilevement of the makers of the Constitu-
tion, and anything which lowers It In the
eyes of the people is a most serious matter.
A body which cannot govern Itself will not
long hold the respect of the people who have
chosen It to govern the country.

Mr. President, the late Senator Lodge,
the gruidfather of our distinguished
former Ambassador to the United Na-
tions, di^layed a prescience which is as

QA

rv^"Mni>i:ccfr\'MAT vcnrion

ccxT ▲ nriT'

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ma^nji UQcimsi a i p vrrsn t\ qfm a tu

y

86

CONGRESSIONAL RECORD — SENATE

Jantiary 4

1961

i

t

i .

applicable today to the Members of the
U.S. Senate as it was In the hours In
which he first uttered them.

The Senate. I regret to say, by the fili-
busters which have taken place In this
Chamber diu^g the few years I h^ve
been here and have seen them, has. 4n
my judgment, lowered itself in the eyes
of the American people.

Mr. President, I ask unanimous con-
sent that I may incorporate at this point
in my remarks the comments of the late
Charles G. Dawes. Vice President of the
United States, whose words I used in a
prior session in discussing this subject.

There being no objection, the state-
ment was ordered to be printed in the
Rkcokd, as follows:

I will state the principal objections to tbe
Senate rules as they stand :

1. Under these rules indlvldtiala or ml-
noiitles can at times block the majority In
Its constitutional duty and right of legisla-
tion. They are therefore enabled to demand
from the majority modifications In legisla-
tion as the price which the majority must
pay in order to proceed to the fulfillment of
its constitutional duty. The right of fili-
buster does not affect simply legislation de-
feated but. In much greater degree, legisla-
tion passed, continually weaving Into o\ir
laws, which should be framed In the public
Interest alone, modifications dictated bjr per-
sonal and sectional Interest as distinguished
from the public interest.

3. The Senate Is not and cannot be a prop-
erly deliberative body, giving due considera-
tion to the passage of all laws, unless it al-
lat» its time for work according to the rela-
tive Importance of its duties, as do all other
great parliamentary bodies. It has, however,
through the right of unlimited debate sur-
rendered to the whim and personal purposes
of individuals and minorities Its right to
allot Its own time. Only the establishment
of majority cloture wlU enable the Senate to
make itself a properly deliberative body. This
is impossible when It must sit idly by and
•ee time needed for deliberation frittered
away In frivolous and Irrelevant talk. In-
dulged In by Individuals and minorities for
ulterior piuposes.

3. The rules subject the people of the
United States to a governmental power In the
hands of Individuals and minorities never
Intended by the Constitution and subversive
of majority rule under constitutional limita-
tion. In the words of Senator Pepper, of
Pennsylvania:

"The Senate, by sanctioning unlimited de-
bate and by requiring a two-thirds vote to
limit it, h»n In effect so amended the Con-
stitution as to make It possible for a 33-per-
cent minority to block legislation."

4. The present rules put Into the hands
ot Individuals and minorities at times a
power greater than the veto power given by
the Constitution to the President of the
United States, and enabled them to compel
the President to caU an extra session of Con-
gress in order to keep the machinery of Oov-
ernment Itself In functioning activity. The
reserved power of the States in the Constitu-
tion does not include the power of one of the
States to elect a Senator who shall at times
control a majority or even all the other
States.

5. Multiplicity of laws Is one of the ad-
mitted evils from which this country Is suf-
fering today. The present rules create mul-
tlpUclty of laws.

6. The present rules are not only a de-
parture from the principles of our constitu-
tional Oovemment but from the rules off
conduct coirslstent therewith which governed

the U^. Senate for the first 17 years of its
existence and which provided for majority
cloture.

Mr. RUSSELL. Mr. President, will
the Senator yield?

lAr. KUCHEL. I yield.

Mr. RUSSELL. Has the Senator ever
had occasion to read the views of one
of his distinguished predecessors, the
late Senator Hiram Johnson, on the
statement by Vice President Dawes?

Mr. KUCHEL. No. but I should be
very glad to see it.

Mr. RUSSELL. I shall be very happy
to supply it for the Record. In those
days, Senators were very proud of all
the prerogatives of the Senate. Vice
President Dawes evoked the unstinted
criticism of not only the Democrats but
also of Hiram Johnson, William Borah.
George Norris. and. almost in a state
of apoplexy. Senator Robert La Follette.
of Wisconsin, who. in those days, were
8uppo.';ed to be liberals. However, the
times and conditions have changed. The
liberal position at that time was in favor
of full and free debate. Now those who
claim to be the real liberals in the coun-
try are in favor of very drastic limita-
tions on debate.

Mr. KUCHEL. I thank the Senator
from Georgia. In that connection, ttie
only thing I recall about our late il-
lustrious California Senator, the great
Hiram Johnson, is that for many years
he tried to obtain a vote in the U.S. Sen-
ate to approve proposed legislation which
he sponsored to construct the great
Hoover Dam. The bill was filibustered
to death in the Senate again and again
and again. The people of California
were denied what a majority of the Mem-
bers of the Sente were prepared to ap-
prove, until Onally. years later, the late
great Senator was able to overcome the
filibustering opposition, and the Senate
approved what the House of Representa-
tives had approved, and the great dam
at Boulder Canyon began to be con-
structed.

I do not remember — I have had no op-
portunity to know of — any comments
which our late great California Senator
may have made on this subject, but the
recollection I have Just related came to
my mind.

Mr. President, I believe in full and free
debate. I believe that minorities have
rights which ought to be protected. I
believe majorities have rights which,
likewise, ought to be protected. The
Senate ought to be able to have sufBcient
time in which to discuss, fully and rele-
vantly, each great issue as it comes before
us. But when the discussion and the
debate, having been full and free, are
replaced by speeches not designed to add
wisdom to the listening Senators or to
the country, but are designed exclusively
for the purpose of preventing a vote from
being taken, then the Senate ought to
have the means by which to conclude
debate and to go forward to the great
responsibility we have of passing our own
Judgment, with our votes, up or down,
on whatever question may be pending
before us.

This is the sole opportunity for the
next 2 years for a majority of Senators,
imder the opinion of the Vice President,
to eliminate the filibuster and to go for-
ward in the fashion in which some of us
have urged in the resolution now before
us.

Mr. President, I hope that what should
have been accomplished by the Senate
years ago will be accomplished now.

ExHiBrr 1
Legialation delayed or defeated bg fiUbuMtert »
Bills Year

Reconstruction of Loulalazta 1886

Repeal of election laws 1879

Force bill (Federal elections) 1800-01

River and harbor bills (3)... 1901. 1908. 1914

Trlstate bUl 1908

Colombian Treaty (Panama Canal) 1906

Ship subsidy bUls (3) 1907. 1923-38

Canadian reciprocity bUl 1011

Arizona-New Mexico statehood 1811

Ship purchase bill 1918

Armed ship resolution 1917

Oil and mineral leasing bUl and sev-
eral appropriation bills lOlO

AntUynch blUs (3) 1932.1988,1037-88

Migratory bird bill 1936

Campaign Investigation resolution. 1937

Colorado River bUls (Boulder Dam proj-
ect) (3) 1927.1938

Emergency officers retirement bill 1937

Washington public buildings bill 1»2T

National-origins provisions In Immigra-
tion laws, resolution to postpone 1929

OU Industry investigation 1881

Supplemental deficiency bill 1988

Work relief bUl ("prevailing wage"

amendment) 1985

Flood control bUl 1988

Coal conservation WU 1986

AnUpoU tax bUU (4)._ 1942. 1044, 1948, 1948
Fair employment practtoea bills
(>) 1046. lOfiO

» Thlrty-slx bills appear In this Incomplete
list, not Including the many appropriation
bills that have either been lost In the Jam
that resulted from filibusters or were talked
to death because they failed to Include items
that particular Senators desired for the bene-
fit of their States or because grants they
made were considered excessive. Several suc-
cessful filibusters have sought and achieved
the enactment of legislation favored by the
fUlbiisters. Filibusters have succeeded not
only In preventing the passage of leglalaUon,
but also In preventing the organization of
the Senate, the election of Its officers, and
the confirmation of Presidential appointees.
They have also succeeded In modifying the
terms of legislation; in delaying adjournment
of Congress; in forcing special aesslons, the
adoption of conference reports, of neutrality
legislation, and of a ship subsidy; In post-
poning consideration of legislation, and In
raising the price of silver. Legislation has
also often been defeated or modified by the
mere threat of a filibuster. AU the bills listed
above, however, except the force bm, the
armed ship resolution, and the so-called dvU
rights bills, were eventually enacted, in some
form.

Numerous appropriation bills. For a par-
tial list of 82 such bills that failed from 1876
to 1016, see Congressional Rxcoao, June 38.
1016, pages 10162-10153.

Of the 36 measxires listed above, all but 11
eventually became law. In some cases after
compromises had been made in their pro-
visions following the failure of cloture. The
table below, prepared at the direction of
Senator Hatdkn. shows the later action on 86
filibustered bills.

The S6th measure (the second FEPC bill)
was filibustered In 1060. subsequent to the
table that foUowa.

i^

CONGRESSIONAL RECORD — SENATE

Exhibit 3
LtUer (Motion on 36 filibusUred bills

BtOe

Reoonauuctlon of Louisiana.

Elpt-tion laws

For» bill.

River and barbor bills (S)

Trirtale bill -

Colombinn Treaty

Ship subsidy bills (2) _-_. — —

Caniulinn rpcipnicity bill .... . — . — ........ — .

Arizona-.New M<-x(«) itateliood

Ship purdiaae bill - -

Armed ship biU

Mineral lands lewint bill .

Antil>nich bills (3) _. '. . — ...

Mifcrxtory bird conaervatiofi bill .._ . _.

Campaipi invcsiiRnfion refjolution

CoJorudo Kiver Sills (2)

Einentrncy offlors ivtireinent bill _. ....... ...

Washinjrton puMic buildino bill

Resolution to iwstpoiie nationalHMlKiiu provisioiu of immigration laws.

oil industry' inv<>xtiitation _

Suppk-mental d» flciency bill .._ .......

Prpvailintr wap- amendment to work relief bU

Flood control bill ■.

Coal oonaervHiion )>iU . . . ... .

Antipoll lax billti (4)

FEPCblU „ .

FlUlHiBtersd

18M..

1«7»

189&-M

1901, liXn, 1914

IWM

1903

1907," 'iKa^M.'""""

1911

1911

1918

1917

1919

1922. 1938, 1(07 ...

1926

1927

1927, 192S „

1927

1827

lfl» ...

IflSl

1938

19SS

1985

1936

1942, 1944, 1940, 1048..
1940

PasNd

1988....

1909 (repealed).

At intervals

1907, 1912

1903 >

1906

1911 1

1912 (admitted).
1916

1820.

1929.

WB7«

1«U ■

ItSS..

int..

I«S8..
1836..
19M..
1«6..
lOT..

Not
psasd

ao)

X

X

X
X

NoTK.— Numeroos approprifition l>iUs--at int<»rval8~pa»ed in special or later

KSSiODS.

In cpeciai or cubdMiuont wssioiiP.

Soorte: Limitation on Debate in tbe Senate. Heartngs before the Committee on
Roles i^nd Administration. U.S. Senate. 81st Cong., let so«. On resolutions rela-
tive to amending Senate rule XXIT relating to clotare. January and February
1949, p. 42.

Exhibit 3. — Senate votes, 1919-60, ori invoking cloture rule •

No.

1

S
s

4

•

6

7

•

0

18

U

U

u

M

u

16

17
18
M

81
81

a

Con-

•6
66

67

«»

m

72
78
78
77
76
79
79
70
79
81
81
81
06

SesekHi

Date

Nov.

Feb.

July

Jan.

Jane

Feb.

Feb.

l^ 1919

2,1921

7,1922

28,1926

1,1926

15,1937

26,1927

do

Feb. 28,1927

do

Jan. 19,1«B
Jan. 27,1938
Feb. 16,1988
Nov. 23, 1942
May 18,1044
Feb. 9, 1046
May 7.1946
May 2^ 1946
July 31,1946
May 19,1960
July 12,1960
July 26,1964
Mar. 10, 1960

Subject

Treaty of VersaiUee

Emerseney tariff

Fordney-McCumber tariff

World Court •

MiKratorj'-bird refufss

Brandt banldnK

Disabled World War I oflieers retirement....

Colorado River development

Public buildings in District of Columbia

Customs and Prohibition Bureau's creation.

Banliing Act

Antllyncbinp (CR No. 1) _

Antllynchtnit (CR No. 2)

Antipoll tax (CR No. 3)

Antipoll tax (CR No. 4)

FEPC (CR No. 8)

British loan

Labor disputes ....

AntlpoU tax (CR No. 6)

FEPC (CR No. 7)

FEPC (CR .Vo. 8)

Atomic Energy -ict

CIvU rigbtt (CR No. 9) l

Senator offering
motkiD

Lodge

Penrose

McCnmber.

Lenroot

Norbedt...

Pepper

T:

Tyson

Johnson

Lenroot

Jones (Washington).

Neely

Wagner

BaiUey

.....do

do

BaU

Knowiand

Barkkiy

Lnoae

do

Knowiand

Douglas

Yeas

Nays

Ooif«

Ka

MamoKxt

DOBD

Num-

Per-

1

ber

cent

Volnme

Page

76

82.6

16

58

8655,8856

86

8a7

86

60

2432

48

86.2

88

82

10040

68

72.8

26

S7

2678,2679

46

58.2

88

67

loan

65

78.8

18

68

M»4

81

58.6

36

68

4001

32

35.1

89

68

4900

52

62.6

31

68

4066

55

67.0

27

68

4066

88

6S.9

30

76

3077

37

4SL0

81

88

1166

42

47.7

46

83

3007

87

47.4

41

88

9065

36

45.0

44

90

2650,2581

48

57.1

36

92

1219

41

50.0

41

92

4589

8

3.7

77

93

5714

39

64.1

33

92

10612

82

61.9

32

96

7300

55

62.5

33

96

99S2

44

51.2

42

100

11942

42

44.2

S3

106

MU

Clotara

Yes.

No.

No.

Yes.

No.

Yes.

No.

No.

No.

Yes.

No.

No.

No.

No.

No.

No.

No.

No.

No.

No.

No.

No.

No.

> Many doturc petitions have also been withdrawn or held out of order since 1917.

OOMItENTS

Number of cloture votes 1917-60, 23.

Number of sur«eastiil cloture elTorU. 4 Gast time: Feb. 28, 1927). If the cloture mle
had permitted debate UmitaUon by simple majority action instead of H,
cloture would have lM«n Invoked 15 times; K the rule had required a constitutional

majority, 9 times; If the rule had required 60 percent of those present and voting, g
times; 60 percent of all .Senators, 5 times; 55 percent of those present and voting, 12

Number of civil rights cloture efforts, 9; successful, 0. If the rule had required
a simple majority, 4 civil rights cloture tflorts would have been successful; If a con-
stitutional majority had been required, 2; if 60 percent of Uioee present and voting, 2;
If 60 ptrcent of all Senators, 0.

The PRESIDINO OFFICER (Mr.
Hart in the chair) . The question Is on
agreeing to the motion to resume the
consideration of Senate resolution 4, as
modified.

Mr. RUSSELL rose.

Mr. MORSE. Mr. President

The PRESIDINa OFFICER. The
Senator from Oregon.

Mr. MORSE. Mr. President, do I
have the floor?

Mr. RUSSELL. Mr. President, I
simply desire to suggest the absence of a
quorum, in order to p>ennit other Sen-
ators to come to the Chamber and hear
the debate. If the Senator from Oregon
desires *jo address the Senate. I shall be
happy not even to claim the floor.

Mr. MORSE. I appreciate the atti-
tude of the Senator from Georgia. Pre-
viously I requested permission to discuss
another matter. I assure the Senator
from Georgia that I shall be brief.

Mr. RUSSELL. I am sure we shall be
glad to hear whatever the Senator from
Oregon has to say.

Mr. MORSE. Only time will tell.

The PRESIDING OFFICER. The
Senator from Oregon may proceed.

SEVERINO OP U.S. DIKX)MATIC RE-
LATIONS WITH THE OOVERN-
MENT OF CUBA
Mr. MORSE. Mr. President, last

night the UJ3. Government broke diplo-

matic relations with Cuba. I think it
unfortunate that, insofar as I know, thus
far there has been no comment in the
Senate in regard to this matter since the
action taken last night by the executive
branch of our Government.

However, in my capacity as chairman
of the Subcommittee on Latin-American
Affairs of the Senate Foreign Relations
Committee. I have received many in-
quiries as to my reaction. Therefore, I
think it proper to inform the Senate that
I have recommended that at a very
early hour— today, if possible; but if not
today, certainly tMnorrow — the State De-
partment be invited to attend a meeting
of the Foreign Relations Committee at

E ■«

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88

CX)NGRESSIONAL RECX)RD — SENATE

January ^

least to brief the committee on the situ-
ation which led to the action the ad-
ministration has taken.

Mr. President, I shall await the pres-
entation of those facts before reaching
any final evaluation of them.

However. I have served for 3 months
as a member of the U.S. delegation to
the United Nations; and on the basis of
that experience I have feelings of great
apprehension about the course of action
our Government has followed in break-
ing diplomatic relations with Cuba.

It may very well be that course of ac-
tion is very precipitous. It may very
well be that there are very serious ques-
tions as to whether it was in the best
longtime interest of U.S. relations in the
Western Hemisphere. I say that because
we must remember that we are dealing
with a government which obviously Is
being administered by a top leader who
gives every evidence of being very im-
pulsive and very unstable, and obviously
is surrounded by advisers and govern-
mental officials who give every evidence
of being much influenced by the totali-
tarian philosophy of communism.

AID TO BATISTA DAICAGEO AMERICAN PRKSTiaK

I believe these observations are justi-
fied, because in my capacity as a member
of the Foreign Relations Committee,
quite some time before the fall of the
Batista government in Cuba, I opposed
the support which the U.S. Government
was giving to the Batista government. It
was perfectly clear to me that the Batista
government could not remain in power
without the military assistance our Grov-
emment supplied it, which enabled it to
maintain the police-state control of that
ccKmtry that the Batista government
maintained.

It waa in January 1958, as I recall, that
my subcommittee of the Foreign Rela-
tions Committee conducted public hear-
ings dealing with the subject matter of
Cuba, with particular reference to the
Batista govertmient. Those hearings
brought from the State Department the
admission that in all probability the Ba-
tista government could not remain in
power without U.S. military assistance.

Following that, there was a p>ersistent
insistance on the part of many, includ-
ing some members of the Foreign Re-
lations Committee and other Members
of the Senate, that a reappraisal be
made of our support of the Batista gov-
ernment.

What was the final cause for the
course of action the administration fol-
lowed, I do not know; but I am inclined
to assume tliat the constant calling of
attention in the Halls of Congress to
the support of the Batista government
might have been helpful to the admin-
istration in reaching its decision in
March 1958, when it announced that it
was withdrawing any further support
of the Batista government from the
Standpoint of military aid. I believe
that was a wise decision, because I have
no doubt that the U.S. support of the
Batista government and other totali-
tarian regimes in Latin America had
greatly Injured the prestige and the
standing of the United States among the
masses of the Latin American people.

CASTBO SETS UP NSW POLICE STATS

No one could have been more shocked
and saddened than I was when, once the
new administration of Cuba came into
power, it proceeded immediately to sub-
stitute one police state for another.
Prom the very beginning. Dr. Castro
demonstrated that he. too, would resort
to the strong-arm tactics that are
characteristic of police-state policy. Mr.
President, you will recall that immedi-
ately upon Castro's coming into power,
he proceeded with so-called military
executions of hundreds of people in
Cuba.

At first he professed that they were
receiving military trials. However, the
members of our subcommittee were well
aware — based upon intelligence infor-
mation supplied to us — that those vic-
tims did not receive the benefits of trials.
In many, many Instances, within 45
minutes to 1 hour after they were taken
into custody by the rifle squads, they
were corpses in trench graves.

My record is perfectly clear, Mr. Presi-
dent. Once I was satisfied I had my
facts — and my facts were verified over
and over again — I walked to this desk
and made the first speech on the Castro
administration in which I protested the
blood baths of the Castro administra-
tion.

For that speech I was castigated and
criticized by a substantial amount of the
press of this coxmtry, particularly in my
own State. There were those in the
Congress who did not know the facts
who proceeded to criticize that speech;
and I answered the criticisms, again sup-
porting the proposition that the Castro
administration was adopting totalitarian,
police-state methods.

Mr. President. I said on that occasion,
and repeat again today, that it is not
difficult to Judge the forms of govern-
ment that any administration adopts, if
one gives heed to the procedures that are
applied in administering the govern-
ment; and the procedures of Dr. Castro,
from the very beginning of his adminis-
tration, were police-state procedures,
bound to deny the fundamental rights of
freedom and liberty to his people.

When he placed under house arrest
President Umitia, the first president of
Cuba under his regime, I was satisfied in
my own mind. Mr. President, that we
could look for the kind of police-state
procedures that subsequently followed.
President Urrutia was a noted and dis-
tinguished judge of Cuba, a man with a
distinguished legal record, a man who
believed in guaranteeing to individuals
basic procedural safeguards in determin-
ing guilt or innocence.

I mention this, Mr. President, because
the record is perfectly clear that I have
been critical, and still am critical, of the
policies followed by Dr. Castro^

POSITIVE POLICY TOWASD CUBA NEEDB)

Mr. President, our relations with Cuba
have deteriorated sadly in the last 8
years ; and I think it is imf ortunate that.
In the closing days of this administra-
tion, it goes out of office possibly leaving
for the new administration a time bomb.
If the facts so dictated that. In order to
protect the honor of my country. It was

necessary to break diplomatic relations
with Cuba, I certainly would not propose
that diplomatic relations be continued.
But these are relative things, Mr. Presi-
dent. Our relations with Cuba have
been exceedingly bad for some months.

I regret that the administration has
not seen fit to present positive, affirma-
tive proposals in an endeavor to demon-
strate to the rest of the world that we
were willing to submit all the issues that
exist between Cuba and the United
States to judicial procedures and proc-
esses either through the Organization
of American States or the United Na-
tions, and let those organizations pass an
evalued judgment on the course of ac-
tion that we should take.

It is pointed out in the press today
that Peru has broken diplomatic rela-
tions with Cuba, and the newspaper
stories indicate that possibly some other
Latin American countries may do so in
the future. Whether that action is of-
fered as a rationalization or Justification
for a course of action on the part of the
United States, I find it imacceptable im-
less we wish to suggest a joint action in
regard to Cul}a through the Organiza-
tion of American States, as was done at
Costa Rica in regard to the Dominican
Republic.

CASTSO IKFLUEMCB IK LATIN AKESXCA

What concerns me, as chairman of
the Subcommittee on Latin American
Afla^^-s — speaking only for myself. Mr.
President — is that, in my judgment, such
a Joint consiiltation might have been
highly desirable prior to a unilateral
course of action on the part of the United
States. I would have the Senate keep in
mind the fact that most of the people of
Latin America have within their popula-
tions strong Castro followers, principally
because they do not know the facts,
principally because the Communist
Party has done a tremendous propa-
ganda Job in many parts of Latin
America.

Only 4 days ago I sat through a
luncheon with a vice president of a Latin
American country and his ambassador,
and the day preceding I sat with the for-
eign minister of another Latin American
country and his chief delegate to the
United Nations, and I listened to their
warnings as to what, in their opinion,
would happen among the masses in
many Latin American countries if the
United States proceeded with a so-called
unilateral course of action against Cuba.
The vice president of that country said.
"Senator, you know, many, many people
in Latin America regard Cuba and the
United States as they do David and
Goliath."

Then I tried to argue with him, to
get him to see what would happen if the
philosophy of Castroism should spread
throughout Latin America, to the free
institutions of his own country. He said.
"I understand that, but what many of
you Americans do not seem to recognize
is that the masses of our people do not
imderstand it."

Then, too, I think we need to keep in
mind the fact that there is a great dif-
ference between levels of public knowl-
edge In Latin America and in the United

1961

a>NGRESSIONAL RECORD — SENATE

states, as a restdt of the great forces of
enUghteimient which we as free men
and women are able to have. For exam-
ple. Illiteracy in the United States has
almost been wiped out, whereas to the
masses of the people of Latin America it
is the common level of education. The
overwhelming majority of them do not
have very much education. In fact, In
some parts of Latin America, the Illiter-
acy of the whole population of a coun-
try is as high as 85 percent or more.

In Bogota in September, when I was
a delegate to the Bogota Conference, in
one of the discussions concerning educa-
tional problems in Latin America, Jus-
tifying greater American assistance to
educational projects in Latin America,
it was pointed out by one of the Latin
America spokesmen that an overwhelm-
ing majority of all tlie people in Latin
America have less than a fourth grade
education. That is a statistic difficult
for me to accept, yet I understand from
checking I have made upon it since com-
ing back from Bogota he probably is
nearly correct.

I mention this because when the
United States deals with Cuba it does
not deal with Cuba alone. In a very real
sense, when we deal with Cuba, we are
dealing with a whole complexity of Latin
American problems.

Therefore. I sincerely trust that an
overwhelming case can be made in sup-
port of the course of action which has
been taken in breaking diplomatic rela-
tions with Cuba.

None of us likes to be insulted, and
Castro is a deliberate insulter. None
of us likes to be even figuratively slapped
in the face, but that is Communist stock
In trade. That Is part of the Commu-
nist technique.

I watched Castro in New York. I ob-
served his antics. He was not making an
appeal to the American people, any more
than is Khrushchev. They do not hope
to change our viewpoint. They are mak-
ing their appeals to the masses of Africa,
of Latin America, and of Asia. We had
better not stick our heads in the sand
and assume they are not making any
converts. We have a tremendous job of
educating people to an understanding of
Uie preciousness of freedom and liberty
and what it means to them as individ-
uals.

Mr. JAVrrS. Mr. President, does the
Senator find it convenient to yield at this
point?

The PRESIDINO OFFICER (Mr.
Blaklet in the chair). Does the Sena-
tor yield?

Mr. MORSE. On this subject matter?

Mr. JAVrra. On this subject.

Mr. MORSE. I yield.

Mr. JAVrrs. I recall with the great-
est of interest and with some quickening
of pulse the fact that when the policy
on Cuba was announced by President
Eisenhower and Secretary Herter scune
months ago the Senator from Oregon,
the chainni>Ji of the subcommittee of
the Committee on Foreign Relations
which deals with this area, arose and
with, I think, very commendable states-
manship, because he had been a strong
critic of the President, commended this
expression of policy.

As I recall, the Senator from Oregon
was especially pleased with the idea ad-
vanced in the policy that we would move
in coordination with the other Ameri-
can states and would utilize the machin-
ery of the Organization of American
States to the full.

I feel, as does the Senator, about what
has occurred, that It is almost impossible
for us sitting here, without knowledge
on the spot, to assess the validity or the
invalidity of the rather drastic action
which was taken. There are two points,
as to which I should de^ly appreciate
the Senator's comments.

First, we, too. have a right to use our
own techniques in order to call upon the
outraged conscience of the world, as it
were. If the way to do that is to break
diplomatic relations, then within the con-
text of modern times it may not have
quite the implications it had in other
days.

The question I should like to ask the
Senator from Oregon is whether he
would feel with me, that we ought to. at
the earliest possible moment, repair to
the f onun of the Organization of Ameri-
can States in the effort to at least tiy to
concert a policy with them in order to
pursue this line of policy, which, as I
recall, the Senator so miich approved
when it was annoimced some months
ago?

Mr. MORSE. I thank the Senator
from New York. The Senator will recall
that I made exactly the speech to which
he referred. The Congressional Record
will show that in the speech I made the
plea that the administration proceed to
give consideration to a proposal I have
made for quite some time — that all the
issues which exist between us and Cuba
ought to be turned over to a tribunal of
the Organization of American States.
If Castro is imwilling to do that, I would
be willing to suggest that the issues be
tiu-ned over to the United Nations. I
have repeated that suggestion today. I
am very much of the opinion that it
ought to be our course of action.

That also carries with it the answer
to the second part of the Senator's
question.

What has happened has happened. I
always ask myself the question: Where
do we go from here?

Diplomatic relations have been broken.
I think we ought to make it very clear —
which would be very reassuring to the
world — that we are working now to have
this very delicate and difficult situation
involving Cuba and the United States
passed upon, as far as the Judgment of
others is concerned, either by Joint action
of the Organization of American States,
as occurred at Costa Rica when the Do-
minican Republic issue was before the
Costa Rican conference last summer, or
by the United Nations, by setting up a
tribunal to consider the matter there.

I stress that. Mr. President. I have
not heard what has happened or what is
happening at the Security Coimcil today.
I smmlse that probably what Cuba is
doing is what it attempted to do at
Bogota and what it attempted to do at
the rec«it meetings of the General As-
sembly of the United Nations, which is
to make a whole series of completely

false charges against the United States,
charging us with all manner of wrong-
doings agednst Cuba. Including a threat-
ened invasion, because that is a good
scare argvunent with the unenlightened.

If Cuba can create the impression in
Latin America, in Africa, and in Asia
that the little coimtry of Cuba is stand-
ing up all alone against the "giant frcnn
the north," the "great colossus of the
north." as we are referred to, "the great
imperious tyrant of the nwiii" — I use
the phrases they used in attacks on the
United States in the various interna-
tional meetings occurring recently —
they can make some "political hay," may
we say. so far as international propa-
ganda is concerned.

They are not going to fool the leaders
of governments, because they are not
fooling the leaders of the governments of
Latin America at this very hovu-. Not
only Peru, but five other nations in Latin
America have broken diplomatic rela-
tions with Cuba. Others may soon do
the same.

Mr. President, I wish to invite atten-
tion

Mr. JAVITS. Mr. President, before
the Senator leaves this subject, will he
yield to me?

Mr. MORSE. I yield.

Mr. JAVITS. I wish to ask the Sen-
ator whether we agree that m int«-na-
tlonal affairs there can be not only a
tsrranny of strength but also a tyranny
of weakness?

It is this tjrranny of weakness from
which Castro is trying to profit. He has
a little nation, and he says. "Come and
beat me down." He loves the idea.

I thoroughly agree with the Senator
that the other small nations are not
going to be "taken in" by any such trans-
parent subterfuge.

Mr. MORSE. The governments will
not be. but I am not so sure the people
will not be.

It is my understanding that Nicara-
gua, Guatemala, the Dominican Repub-
lic, Haiti, Paraguay, and Peru have al-
ready severed relations, and other coxin-
tries are seriously considering doing so.

Mr. President. I wish to stress that
Cuba cannot be contained — to use that
term — except by joint action. Cuba can-
not be contained by a unilateral course
of action followed by the United States
and other nations. Therefore, we should
continue to look to the Organization of
American States and to the United Na-
tions to keep Castro from exporting his
revolution, because I happen to think
that is a great threat to the Latin Amer-
ican countries. For the time being, we
have to try to keep him in isolation.
That does not mean. Mr. President, that
we should keep his people in isolation.

FRIENDSHIP Wma PEOPLE OF CUBA

I wish to dwell upon that distinction
for just a moment. I am very much
concerned about the people of Cuba. We
all know that it is difficult to find a more
friendly people. They are people with a
basic love for the United States and our
people. The people of Cuba know very
well that their original independence
from Spain was partly caused by the
great friendship of the United States and

P

I

fe1

90

CONGRESSIONAL RECORD -— SENATE

January U

the people of the United States for Cuba,
and I think we have a great reservoir of
good will upon which we can draw within
Cuba in spit^ of its present dictatoilal
leadership.

Before I was interrupted by the Sena-
tor from New York — and I welcomed the
interruption — I was saying that none of
us like to be slapped in the face, flgtu'a-
tively or otherwise. Such a tactic is a
part of the Communist tactics. We saw
it exemplified in the speeches of Castro
in New York and at the United Nations.
We have seen it in most of his speeches
in Cuba. But what concerns me about
the unilateral course of action outside
of Joint action within the Organization
of American States or through the
United Nations is what is going to hap-
pen to the people of Cuba. We must
not forget that to rule a country imder
police state methods rulers need not have
the support of a large percentage of the
people. For many decades in Russia an
exceedingly small percentage of the peo-
ple have controlled, dominated, and sub-
jugated the masses of the Russian people
under a Communist regime, even though
the total percentage of members of the
Communist Party in Russia is a small
percentage in comparison with the total
population of Russia.

But if a ruler controls the armed
forces of a state and the police, if the
population is disarmed, and if the people
are willing to follow a police state policy
of liquidating the opposition, then rulers
of such police states can remain in power
for a long time. We see it in Red China,
we see It In Russia, and we are seeing it
today In Cuba.

What concerns me is whether or not,
following the slap in the face that we
received when Castro in effect said, "Re-
duce your embassy staff to 11," from the
exaggerated nimiber that he claimed,
stinging as that insult was, we followed
a wise course in a sudden break in diplo-
matic relations. A new administration
is about to take ofBce in the United
States. The question arises whether we
could not have withstood for a while
longer that insult until we formally, at
least, proposed to the Organization of
American States or to the United Na-
tions the joint action about which I
speak.

In March tentative plans are that
there will be a Latin American confer-
ence at Qmto. Ecuador, and undoubtedly
the whole program of what is happening
in Latin America with regard to the
spread of commimism in Latin America
wHl be a matter of great concern to the
delegates participating in the Quito con-
ference.

What worries me is whether or not this
break in diplomatic relations will result
in a tightening of the police-state meth-
ods In Cuba, and give Castro the excuse,
the alibi, and the rationalization for
greater brutality.

Furthermore, I would like to know
what the facts are in regard to the im-
plications of this action concerning
Ouantanamo Bay and our naval base
there. When we deal with Communists,
we deal with ruthless men. I happen to
be of the point of view that Communists
do not hesitate to follow a course of

action that forces military action. We
saw this in Korea.

In my Judgment we are running great
risks at the present time. We are great-
ly concerned now about the situation in
Laos. We have not been briefed yet on
the facts as to what is going oa in Laos.
We are led to believe that the French,
the British, and perhaps some others are
not enthusiastic about any course of
action on the part of the United States
that might be interpreted as unilateral
action in Laos.

This can very well be another time
bomb left by this administration for a
new administration to deal with.

So I raise my voice this afternoon on
the floor of the Senate urging caution,
and point out some of the fears I have
as to what might happen to the Cuban
people as a result of this break in diplo-
matic relations.

We continually say that we wish to
help the Cuban pe(H>le. I am not sure
that this course of action will help the
Cuban people. It may result in imposing
upon them greater and greater police-
state restrictions and abuses. I am con-
cerned with whether or not the leader of
the Cuban Government, who I am satis-
fled is completely irresponsible in his In-
ternational policy, might become so des-
perate as to take some action toward
Guantanamo Bay that would give the
impression to the world that we are re-
sorting to military force in order to pro-
tect o\ir rights.

It is di£Bcult to discuss the subject
matter such as the one which I am now
discussing because someone may say,
"Wouldn't you follow such a course if at-
tacked?" My answer is, "Of course."
But we ought to be very careful that we
do not help to lay the groimdwork for
an attack upon us, knowing that we are
dealing with desperate men who do not
have the same high moral principles as
to the value of hmnan life that we have.

Do not forget that it was not so very
many months ago that the head of Red
China was reputed to have said some-
thing to the effect that they could lose
many millions of people in a nuclear war
and still survive. Himian life means so
little in the Communist i^iloeophy that
in dealing with Communists, we must re-
member that they might resort to some
act of violence that would put us in a
position where we would seem to have no
other course of action but to use our mili-
tary power to defend what we considered
to be our international rights.

Therefore I sincerely hope that this
administration will present to the Amer-
ican people, who, after all, own American
foreign policy, and not this administra-
tion, and will present to the Congress
of the United States, first, the facts that
Justify the action taken last night, and,
second, present their plan for handling
the Cuban situation. I certainly hope it
will be a plan short of any proposal for
military action, because if we become
unilaterally involved in military action in
Cuba, in my judgment we will create
great difficulties for many friendly gov-
ernments throughout Latin America.

Many Latin American governments are
begirming to recognize that the social
progress and reforms for which they are
working are threatened by subversion

from Cuba. They have been toughen-
ing their attitude toward Cuba.

But if the United States acts in Just
the way Castro has claimed we will, and
as he may very well hope we will, these
governments may find their people re-
surging to Castro's support.

We may be surprised at the sudden
uprisings which will occur throiighout
Latin America in protest against a course
of military action on the part of the
United States against Cuba, bad as that
situation is. We are a big, powerful na-
tion. We are big enough and we are
powerful enough, I believe, for a time
longer to turn the other cheek until at
least we have exhausted every procedure
available to us in finding a solution to
the Cuban problem short of unilateral
action on the part of the United States.

Mr. JAVrrs. Mr. President, will the
Senator yield?

Mr. MORSE. I yield.

Mr. JAVrrS. The Senator from Ore-
gon is addressing himself to a subject
of the greatest importance to our people
and our country. So often there exists
the very condition we now observe in this
Chamber, when a Member is addressing
himself to an historic event of the
greatest Importance to our survival.
Somehow or other there is not the at-
tendance, and it does not receive the
attention, at least here on the floor,
which it deserves. I do not say that the
Members of the Senate are at fault
in this instance. This happens to be a
very early day in the new Congress, and
Members are very fully occupied. I am
sure that our colleague's words will have
the attention they deserve.

I should like to mark and underline
his remarks for their importance. I
hope that perhaps the Senator from
Oregon, with whom I agree so much in
respect of this great issue, will join me
in what I am about to say.

There is always the danger that what
he has said will be considered by the
press of our country and [>erhar>s by the
press of other coimtries as some criti-
cism, some disagreement, some sense of
dissent from what is being done.

This is a problem of the greatest
delicacy, and will require delicate han-
dling in the next few weeks by this ad-
ministration, which, whether It likes it or
not, is here, and must act; and if any
overt act is committed, such as at the
base. It will have to act. no matter how
xmhappy everyone may feel that it
should happen now. with the administra-
tion having only 1 or 2 weeks remaining
in office.

Therefore, I would hope that the dis-
tinguished Senator from Oregon, whose
words are listened to, in Latin America,
too, might Join in the certification of the
fact that his views are cooperative and
ancillary to what the administration is
doing or trying to do, and that we are
not — and there Is no question about the
fact — engaged In any hassle about
American policy.

The Senator has every right, of course,
to object strongly to what the admin-
istration has done. However, if he does
not, and if he feels that what he is say-
ing are words of direction, which Is more
than welcome and entirely Justified, con-

1961

CONGRESSIONAL RECORD — SENATE

H

sidering his position and knowledge. I
do hope, before he sits down he will put
the whole matter In proper focus, be-
cause I know there will be a reading of
the lines and a reading between the lines
as well

Mr. MORSE. Mr. President, most oi
what the Senator from New York has
Just stated constitutes a lifting from the
conclusion of my speech. I thank him
for having put it in even better language
than I had put it. or can put it As I have
stated, one cannot discuss a subject mat-
ter such as this without others getting
the impression that one is criticizing
the Government. I am not criticizing
my Government. I am saying to my
Government that I want it to ccxne for-
ward immediately with the facts about
this matter, and what our future course
of conduct is going to be in regard to our
Cuban relationships.

I certainly need offer no defense for
mjrself , as a monber of the Committee
on Foreign Relations, in cooperating with
the administration time and again in
connection with Latin American prob-
lems, and other foreign relation prob-
lems. I have on some occasions criti-
cized the administration when I thought
it was wrong.

All I purport to do is to say to the
administration. "You must not stop with
the breaking of diplomatic relations, be-
cause I am concerned with what that
will do to the Cuban people. I am not
sure it will resxUt In helping them, but
may impose further hardships on them
by their masters."

I am also concerned as to what the
leaders of Cuba might do out of desper
ation. I did not mention this point,
but I am also concerned as to what the
CMnmunist Party around the world may
seek to do in using the Cuban situation
as a device to attack the United States
and seek to push us into a position where
we might be misunderstood in many
areas of the world. We have to do a
tremendous Job in the next few years,
in getting the people of Africa and Latin
America and Asia to understand that
they have everything at stake in the very
cause that we are seeking to fight for
them in this great contest between total-
itarianism and freedom around the
world.

I said earlier that we ought to be on
guard against ruthless men following a
course of action such as. for example, at
Guantanamo. resulting from our use of
military might.

One of the impressions I carried away
with me from the General Assembly of
Uie United Nations in New York was
that Castroism did not get anywhere
with the Western nations. However, if
we think that Castroism is not making
progress among the masses of many na-
tions in tlie world, we are mistaken.

Mr. CHAVEZ. Mr. President, wiU the
Senator yield?

Mr. MORSE. I yield.

Mr. CHAVEZ. I am very glad that I
have been able to listen to the argxmient
of the Sensttor from Oregon. He is cor-
rect. There is reason to worry about
the sufferings of the Cuban people under
Castro. There is also reason to worry
about what Castro will do about the
matter.

The main point, in my opinion, when
we are dealing with Latin America, is
what people are thinking of Latin Amer-
ica. I think I know Latin America — ^I
can say the Hall Mary in Spanish — and
I believe I understand the Latin-Ameri-
can people. I compliment the Senator
from Oregon for taking the time to dis-
cuss the matter.

The diflflculty with Latin America and
our standing in Latin America is this:
It was not Latin America that first rec-
ognized Castro. After we stood with
Mr. Batista and helped him for years
and years, overnight we recognized Mr.
Castro, instead of acting as sensible hu-
man beings and at least waiting 90 days
or 6 months in which to form a judgment
as to what Mr. Castro was doing. We
did not do that. We were so anxious to
recognize him that as soon as we were
against Mr. Batista, overnight we rec-
ognized Mr. Castro. That is why Mr.
Castro is now in Latin America. I hope
Senators will not believe that there is
communism in Latin America. The
Commimists take advantage of the situ-
ation.

I would advise the Senator from Ore-
gon that hunger, poverty, and illiteracy
have more to do with the thinking of
the rank and file of Latin Americans
than all the Communists in the world.
Latin Americans are not by nature Com-
mimists. They do not want to be Com-
munists ; but the poverty and actual hun-
ger in Latin America lend themselves to
communism. They are factors which
breed Communists. Of coxu-se. the situa-
tion could be improved by education and
reason. But it is not possible to reason
with a hungry body. It simply cannot
be done.

Mr. MORSE. Mr. President. I thank
the distinguished Senator from New
Mexico. I pay tribute to him. He has
been of help to me, time and time again,
in my work on foreign relations, because
he is a keen student of Latin-American
aifairs. I shsJl continue to rely very
heavily upon his judgment.

I also thank the distinguished Senator
from New York [Mr. jAvrrsl.

I shall yield to the Senator from Penn-
sylvania after I have made one more
observation.

I hope I may be wrong in my evalua-
tion, but I am inclined to think that it
was mighty important to keep the Stars
and Stripes flying over our Embassy in
Habana, even though only 11 Americans
were in the Embassy. I think it was im-
portant from many standpoints, but first
from the standpoint of symbolism, to
keep the great flag of freedom flying in
an area where thousands upon thou-
sands of pe<H>le are being subjected to
police-state methods. The very flying of
the United States flag might very well
have done more to inspire the Cuban
people and given them more help than
the breaking of diplomatic relations. It
is with regard to that issue and others
similar to it that I think the adminis-
tration has the clear obligation to the
American people to justify its course of
action.

Let me say this by way of warning. An
Incident such as this is a start which may
very well lead to greater and greater

troubles in Latin America. We may flnd
ourselves in the not too distant future
plagued with uprisings throughout Latin
America which will endanger the govern-
ments of many friendly nations because
Communists are getting by with the
charge that the United States seeks only
to clothe than with materialism and pol-
icies of exploitation. We know that that
is wrong, but I have listened to that ha-
rangue in the United Nations on the part
of the Commies so much dvu-ing the last
3 months that I think I owe it to the Sen-
ate to say that we had better take a look
to see what actually is happening among
the masses of the people of Latin Amer-
ica, and not play into the hands of the
Communist apparatus by seeking to im-
pose restrictions on Castro thro\igh the
breaking of diplomatic relations which
may make him a martjn- in Latin
America.

I yield to the Senator from Penn-
sylvania.

Mr. CHAVEZ. Mr. President, will the
Senator from Pennsylvania yield?

Mr. CLARK. I am happy to yield to
the Senator from New Mexico with the
understanding that I do not lose my
right to the floor.

Mr. CHAVEZ. With that understand-
ing, I should like to have 2 minutes.

I recommend to Senators, if they wish
to understand the propaganda which is
taking place in Cuba, the reading of a
book written first in Spanish, and then
translated into English: "El Tivuron y
La Sardina" — "The Shark and the Sar-
dine." The book points out that the
United States is ttie shark and Latin
America is the sardine which may be
swallowed by the shark. I recommend
its reading to all Senators who are inter-
ested in understanding the propaganda
of commimism in Latin America.

AMENDMENT OP CLOTURE RULES —
RESOLUTIONS

Mr. CLARK. Mr. President, yesterday
I sent to the desk notices of motions to
make six proposed changes In the rules
of the Senate. This material appears
on pages 18 and 19 of the Rkcoro of
Tuesday. January 3. 1961. However, my
motions were not given Senate resolu-
tion numbers, nor have they been
printed.

I now ask that each such proposed
rules change be given a Senate resolu-
tion number and be printed, as was done
with the comparable motions submitted
by the Senator from South Dakota [Mr.
Case] yesterday, and go over under ttie
rule.

The PRESIDINO OFFICER (Mr.
Johnston in the chair) . The request of
the Senator from Pennsylvania will be
granted; but he must first send the reso-
lutions to the desk.

Mr. CLARK. They are already at the
desk. I sent them to the desk yester-
day. The Identical text is there. Is it
necessary for me to have them typewrit-
ten all over again? The Senator from
South Dakota had his proposal printed
without any difficulty. I do not wish to
make a Federal case out of this. If the
Assistant Parliamentarian wishes me to
have them typed up again, I shall do so.

I

h

92

CONGRESSIONAL RECORD — SEN ATE

January ^

I

\

The PRE8IDINO OFFICER. If there
is no opposition, they will be prepared in
the correct form and will be printed la
the Ricou).

Mr. CIjARK. I thank the Senator
from South Carolina for his characteris-
tic courtesy.

The resolutions submitted by Mr.
Clask were received, ordered to be
printed, and to lie over under the rule, as
follows:

8. Res. 9

Reaolved, That rule XXTV be amended by
H^Hf"g a new subaectlon to read as follows:

"3. A majority of tlie Senate members of
a .xunmlttee of conference sball have Indi-
cated by their votes their sympathy with the
bill as passed and their concurrence In the
prevailing opinion of the Senate on the
matters In disagreement with the House of
Representatives which occasion the appoint-
ment of the committee."

S. Res. 10

Reaolved, That section 134(c) of the Legis-
lative Reorganization Act of 1946 (3 TJS.C.
190b(b)), Is amended to read as follows:

"(b) No standing committee of the House,
exoept the Committee on Rules, shaU sit,
without special leave, while the House Is In
session."

8. Rn. 11

Resolved, That rule XXV be amended In
the following respects:

In paragraph (h) (dealing with the Ckun-
mlttee on Finance) of subsection 1 of rule
XXV, strike out the word "seventeen" and
Insert In lieu thereof "twenty-one"; and

In paragraph (k) (dealing with the Com-
n^ttee on the Judiciary) of subsection 1 of
rvile XXV, strike out the word "fifteen" on
the first line of the said paragraph and Insert
In lieu thereof "seventeen."

8. Rzs. 12

Reaolved, That rule in, subsection 1, be
amended to read as follows:

"The Presiding OflScer having taken the
chair, and a quorum being present, motions
to correct any mistakes made In the entries
of the Journal of the preceding day shall be
In order, and any such motion shall be
deemed a privileged question, and proceeded
with until disposed of. Unless a motion to
read the Journal of the preceding day, which
is nondebatable, is made and passed by ma-
jority vote, the Journal shall be deemed to
have been read without actual recitation and
approved."

8. Res. 13

Jie50ived, That rule XIX be an\ended by
adding at the end thereof the following new
subsection :

"8. During the consideration of any meas-
\ire, motion or other matter, any Senator
may move that all further debate under
the order for pending business shall be
germane to the subject matter before the
Senate. If such motion, which shall be non-
debatable. Is approved by the Senate, all fur-
ther debate under the said order shall be
germane to the subject matter before the
Senate, and all questions of germaneness un-
der this rule, when raised. Including appeals,
shall be decided by the Senate without de-
bate."

8. Res. 14
Reaolved, That section 134 of the Legis-
lative Reorganisation Act of IMS (2 UJB.O.
190b(b) ) , enacted by the Ck>ngre8s In the
exercise of the rulemaking power of the Sen-
ate and the House of Representatives be
amended, to add the following new subsec-

tions at the end thereof, which shall be ap-
plicable with respect to the Senate only:

"(d) Each standing committee of the Sen-
ate shall meet at such time as It may pre-
scribe by rule, upon the call of the chairman
thereof, and at such other time ss may be
fixed by written notice signed by a majority
of the members of the committee and filed
with the committee clerk.

"(e) The business to be considered at any
meeting of a standing conunittee of the Sen-
ate shall be determined in accordance with
Its rules, and any other measure, motion, or
matter within the jiirlsdictlon of the com-
mittee shall be considered at such meeting
that a majority of the members of the com-
mittee Indicate their desire to consider by
votes or by presentation of written notice
filed with the committee clerk.

"(f) Whenever any measure, motion, or
other matter pending before a standing com-
mittee of the Senate has received considera-
tion in executive session or sessions of the
committee for a total of not less than S
hotirs, any Senator may move the prevloiu
question with respect thereto. When such
a motion Is made and seconded, or a peti-
tion signed by a majority of the committee
Is presented to the chairman, and a quorum
is present, it shall be submitted immediately
to the committee by the chairman, and shall
be determined without debate by yea-and-
nay vote. A previous question may be asked
and ordered with respect to one or, more
pending measures, motions, or matters, and
may embrace one or more pending amend-
ments to any pending measure, motion, or
matter described therein and final action by
the committee on the pending bill or reso-
lution. If the previous question is so or-
dered as to any measure, motion, or matter,
that measure, motion, or matter shall be
presented Immediately to the committee for
determination. Each member of the com-
mittee desiring to be heturd on one or more
of the measiu'es, motions, or other matters
on which the previous question has been
ordered shall be allowed to ^>eak thereon
for a total of 30 minutes."

Mr. MANSFIELD. Mr. President, if
there Is no further desire on the part of
any Senator to speak this afternoon, I
ask, first, that the usual morning hour
be held tomorrow.

Mr. CLARK. Mr. President, reserving
the right to object, may I ask the Sena-
tor from Montana whether it would not
be possible to get a vote on the pending
motion this afternoon, so that we could
continue to debate the matter which is
really before us. and which is majority
cloture. The reason why no other Sena-
tor wishes to speak this afternoon Is,
perhaps, that the motion should be dis-
posed of before we speak further on ttie
principal business before us. I regret
having to make this comment on the
floor.

Mr. MANSFIELD. If the Senator de-
sires to proceed in that way, we can en-
deavor to do so; but I point out that
the motion I am about to make protects
the rights which are already inherent
in the presentation of these resolutions.
Many Senators wanted to leave at a rea-
sonable hour this afternoon, some to
hold meetings, some to honor other com-
mitments. So long as this subject would
be pending business once the morning
hour was concluded, I thought this would
be the easiest way out of a difDcuIt
problem.

Mr. CLARK. The Senator may well
be correct. I had the Idea — I could well
be wrong — that If the pending motion

were put to a rote, It wotild pass by a
voice vote without any difficulty. I do
not see in the Chamber any of our South-
em friends who might enlighten us on
the subject, but I would hazard a guess
that what I have suggested might
happen.

Mr. JAVrrS. Mr. President, will the
Senator yield?

Mr. MANSFIELD. I yield.

Mr. JAVrrs. So far as I know, there
are no other speakers, on our side, on the
motion to take up the resolution. It
seems to me that the moti<m could be
dealt with. I think the Senator from
Pennsylvania is quite correct in saying
that we might ascertain from our South,
em friends if they intend to speak on
the motion. I am certain that no Sena-
tor desires to foreclose them from doing
so; but if they do not wish to speak, we
would be at least one step further along
in the progress of the debate.

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. MANSFIELD. I yield.

Mr. CLARK. If the present motion
were to be adopted, as I hope it will be, I
am prepared to speak this afternoon,
even to an empty Chamber, on majority
cloture, in the hope that by doing so the
final disposition of the matter will be

Mr. MANSFIELD. Mr. President, I
suggest the absence of a quorum ; but be-
fore the roll is called, I ask the attach^
of the Senate to notify all Senators that
this will be a live quorum.

The PRESCDINO OFFICER. The
clerk will call the roU.

The legislative clerk proceeded to call
theroU.

Mr. MANSFIELD. Mr. President, I
ask imanimous consent that the order
for the call of the roll be rescinded.

The PRESIDINO OFFICER (Mr.
Johnston in the chair). Without ob-
jection, It is so ordered.

Mr. MANSFIELD. Mr. President, I
ask unanimous consent that tomorrow
we have the usual morning hour.

Mr. JAVrrS. Mr. Pi esident, reserving
the right to object, will the Senator from
Montana include in his unanimous-
consent request an additional request
that such an arrangement shall not effect
any change in the pending business,
which is the motion to take up these
resolutions?

Mr. MANSFIELD. Mr. President, I
wish to speak on that question. After
discussing the matter with the Parlia-
mentarian, that is clearly understood:
and it is tied with the fact that I intend
to request that today the Senate take
a recess, rather than adjourn. If an
adjournment were had, it would mean
that the resolutions in their present
form would die. But by taking a recees,
they will r^nain, in their present fom,
in order in the morning hour.

The PRESIDINa OFFICER. That is
correct.

Mr. MANSFIELD. Therefore, Mr.
President, I ask unanimous consent that
tomorrow we have the usual morning
hour.

The PRESIDINO OFFICER. Is there
objection? Without objection, it is so
ordered.

1961

CONGRESSIONAL RECORD — HOUSE

ss

RECESS

Mr. MANSFIELD. Mr. President, I
move that the Senate stand in recess
until* 12 o'clock noon tomorrow.

The motion was agreed to; and ^at
4 o'clock and 1 minute p.m.) the Senate
took a recess until tomorrow. Thursday.
January 5, liMl, at 12 o'clock meridian.

mmim

HOUSE OF REPRESENTATIVES

Wednesday* January 4, 1961

The House met at 12 o'clock noon.
The Chaplain, Rev. Bernard Braskamp,
DX>., offered the following prayer:

From the Book of Leviticus (26: 12)
this promise of Qod: / wiU walk among
you arid be your God, and ye shall be my
people.

External and ever-blessed Ood, who
hast opened unto us the gateway to a
new year, may we hear and heed Thy
voice of confidence and hope lest we meet
our tasks and responslbiUties with a
paralyzing sense of fear and frustration.

Grant that we may accept and follow
the leading of Thy divine spirit with
humility of heart and simplicity of faith,
assured that the future is as bright as
the promises of God.

Give us the rapture of the forward
look and help us to lay hold of the per-
plexing problems of each day with reso-
lute determination aiMl wholehearted
dedication.

Hear us in the name iof Him who is
the Author aiK! Finisher of our faith.
Amen.

THE JOURNAL

The Journal of the proceedings of yes-
terday was read and approved.

MESSAGE FROM THE SENATE

A message from the Senate by Mr.
Carrell. one of its clerics, announced that
the Senate had passed the following res-
olutions:

8. Bn. 7

Reaolved, That the Senate has heard with
profound sorrow and deep regret the an-
nouncement of the death of the Honorable
Thomas C. Hknninos, Jr., late a Senator from
the State of Mtssoxui.

Reaolved, That the Secretary communicate
these resolutions to the House of Representa-
tives and transmit a copy thereof to the
family of the d<K;eased.

Reaolved, Tnat as a further mark of respect
to the memory of the deceased the Senate,
at the conclusion of its business today, do
adjourn.

8. Res. 8

Resolved, That the Senate has heard with
profound sorrow and deep regret the an-
nouncement of the death of the Honorable
KnTH Thomson, late a Senator-elect from
the State of Wyoming.

Reaolved, That the Secretary communicate
th— e resolutions to the House of Representa-
tlTee and transmit a copy thereof to the
famUy of the decettsed.

Reaolved, That as a further mark of respect
to the memory of the deceased the Senate,
at the conclusion of Ite biislness today, do
adjourn.

ADJOURNMENT TO FRIDAY

Mr. McCORMACK. 1^. Speaker, I
ask unanimous consent that when the
House adjourns today it adjourn to meet
on Friday next.

The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts ?

There was no objection.

ONE HUNDRED AND SEVENTY-
FIFTH ANNIVERSARY OF THE
CONSTITUTION

Mr. McCORMACK. Mr. Speaker, in
behalf of the gentleman frwn Pennsyl-
vania I Mr. Byrne], and acting for him,
I offer a bill he has introduced (HJl.
1723) and ask unanimous consent for its
present consideration. I have discussed
this with the minority leader. It has
been screened and cleared by him.

Mr. GROSS. Mr. Speaker, reserving
the right to object, do I understand this
calls for no additional money?

Mr. McCORMACK. It does not. The
purpose of the bill is to extend from the
3d of January to some date in June the
time for the committee to make its re-
port to Congress.

Mr. GROSS. But no additional
money is involved?

Mr. McCORMACK. I am acting for
the gentleman from Pennsylvania. It
is my understanding there is no addi-
tional money involved.

The SPEAKER. Is there objection to
the present consideration of the bill?

There was no objection.

The Clerk read the bill, as follows:

Be it enacted by the Senate and House of
Repreaentativea of the United States of
America in Congress assembled, "Hiat sec-
tion 5 of the joint resolution of July 14, 1960,
entitled "Joint resolution iHX>Tlding for the
preparation and completion of plans for a
comprehensive observance of the one hun-
dred seventy-fifth anniversary of the forma-
tion of the Constitution of the United States"
(Public Law 86-650), as amended by Public
Law 86-788, is amended by striking out
"January 8, 1961" and inserting in lieu there-
of "June 38, 1961".

The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to recon-
sider was laid on the table.

RESIGNA-nON OF DAVID M.
ABSHIRE

The SPEAKER laid before the House
the following communication, which was
read by the Clerk:

Republican Policy Ck^MuiiTEZ,

House or RlPaZSZNTATIVES,

Washington. D.C., December 28, I960.
The Honorable Sam RATBtmN,
Speaker of the Uouae,
US. House of Repreaentativea,
Washington, D.C.

DxAK Mr. Speaker: I hereby tender my res-
ignation as an employee of the minority staff
of the House of Representatives, and request
that this resignation become effective as of
the end of business cm the last day of De-
cember 1960.

I was appointed to this position by House
Resolution 318. ^proved March 19, 19S0.

It has been a pleasure to serve in this
capacity and to be associated with the Mem-
bers and employees of the House of Repre-
sentatives.

Sincerely,

Davtd M. Abshiib.

HON. OLIN E. TEAGUE OF TEXAS

The SPEAKER. The gentleman from
Texas [Mr. Teagttx] will present himself
at the bar of the House and take the
oath of office.

Mr. TEAGUE of Texas appeared at the
bar of the House and took the oath of
office.

THE LATE JOHN E. RANKIN

Mr. ABERNETHY. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute.

The SPEAKER. Is there objection
to the request of the gentleman from
Mississippi?

There was no objection.

Mr. ABERNETHY. Mr. Speaker, it is
with sadness that I annoimce to the
House the passing of the Honorable John
Elliott Rankin. He departed this life
at his home in Tupelo, Miss., on Novem-
ber 26, 1960, the victim of a heart attack.

For 32 years Mr. Rankin served in this
body as the Representative from the
First Congressional District of Missis-
sippi. His length of service is a record
for Members from my State and is sur-
passed by only a few from other sections
of the coimtry.

Our former colleague was born of
humble but proud parentage in Ita-
wamba County, Miss., on lyfarch 29, 1882.
He was educated in the public schools
of the county and graduated from the
Law School of the University of Missis-
sippi in 1910. He first entered the prac-
tice of law in West Point. Miss., but soon
moved to Tupelo where he continued his
practice and served £ls prosecuting attor-
ney for the county.

In 1920 Mr. Rankin was elected to the
67th Congress and to each Congress
thereafter through the 82d. He served
here with distinction and was credited
with many beneficial achievements for
the good of his district. State, and
country.

While interested in many programs
and movements, his greatest interests
were in the Tennessee Valley Authority
and the Rural Electrification Adminis-
tration. He vigorously fought for the
passage of legislation creating these Fed-
eral agencies and for their perpetuation.

For years he served as chairman of the
Committee on Veterans' Affairs, and was
credited with having authored more leg-
islation for the benefit of veterans, their
widows, orphans, and dependents than
any other Member of the House of Rep-
resentatives.

He was a strong believer in the Demo-
cratic Party, in constitutional govern-
ment, the perpetuation of our democracy
and States rights. He fought commu-
nism wherever he found the slightest evi-
dence of it, and was the proud author ot
an amendment to the rules of the House

; i

I

fe

94

CXWGRESSIONAL RECORD — HOUSE

Jarmary 4,

1961

CONGRESSIONAL RECORD — HOUSE

95

creating the permanent Committee on
Un-American Activities.

An eloquent debater, learned tn the
rules of the House, and a vigorous and
fiery competitor, he was a colorful and
effective Member. He gave no quarter
and sought none. Small of stature but
full of fire when attacked, he stood firmly
for what he believed to be right even if
he stood alone. He never gave ground —
not an Inch. He was a master in d( bate
and most of those who dared to chal-
lenge him later wished they had not.

He was one of the best read men ever
to serve in this great body. He was par-
ticularly well known as a student of
poetry and literature. He filled the Cok-
GRESSiONAL RECORD of his day with ap-
propriate quotations lifted from the writ-
ings of the world's most noted authors.
His retentive mind always amazed his lis-
teners.

Although he retired from this body in
January of 1963, his interest in the Con-
gress, in national and international af-
fairs, and in the progress and develop-
ment of the area he served so long never
ceased. Infirmity finally overtook him
but as was characteristic of his long and
illustrious career it was not without a
■ struggle.

i The memory of John Elliott Rankin

1| will live with this body and among the

people of my State for years and years to
come. He left behind a record of ac-
complishment and achievement for the
good of his fellow man.

Surviving are his lovely widow and a
charming daughter. I am sure that
every Member of this House, particularly
those of you who served with Mr. Ran-
kin, Join with me in praising the service
of our former colleague, mourning his
passing, and in extending sjrmpathy to
his surviving loved ones.

Mr. WHTTTEN. Mr. Speaker, will the
gentleman yield?

Mr. ABERNETHY. I yield to the gen-
tleman from Mississippi.

Mr. WHTTTEM. Mr. Speaker, I wish
to Join with my colleague in paying trib-
ute to the late John E. Rankin, of Mis-
sissippi, who passed to his reward in late
1900.

yte. John, as we knew him, was a senior
Member of this Congress when I came
here and was one of the most active
among us.

He was possessed of a bright and en-
ergetic mind and memory. A talented
speaker, in debate he held the attention
of this House perhaps better than any
Member with whom I have served.

A strong advocate for the development
of our own country, he did a great Job
for his district, his State, and Nation.
John Rankin sincerely believed that to
dissipate our resources over the world
was to invite disaster. Truly, he could
foresee our present unhappy and danger-
ous plight. Unfortunately, his warnings
were largely ignored by the majority.
Certainly he did his part.

On the home front, he, perhaps, more
than anyone else, could foresee that ap-
peal to minority votes would lead to In-
stability and weakness. He firmly be-
lieved It would lead this country, both
politically and economically, to the
condition which plagues so many nations

In South and Central America. The
Ccmimittee on Un-American Activities Is
a lasting montunent to his efforts.

John E. Rankin was a man of talent,
a man of energy, one who had strong
convicticms, who made his contribution
to this Congress and to his Nation.

To his fine wife and daughter, and
other members of h^'s family, we extend
our deepest sympathy.

Mr. ABERNETHY. Mr. Speaker, I ask
unazximous consent to revise and extend
my remarlEs and that all Members be
granted 5 legislative days in which to
extend their remarks at this point in the
Record.

The SPEAKER. Is there objection to
the request of the gentleman from Mis-
sissippi?

There was no objection.

Mr. TEAGUE of Texas. Mr. Speaker,
during the recess death claimed one of
the most colorful Members ever to serve
tn this body, former Representative John
EUiott Rankin, who was chairman of one
of the predecessor committees of the
Committee on Veterans' Affairs from
1930 imtil his retirement from the Con-
gress several years ago.

While I did not see eye to eye with Mr.
Rankin on some veterans' legislation,
I want to express at this time my real
appreciation for his long and devoted
service to the veterans of this Nation.
He presided ably and well as chairman
of the Committee on World War I Vet-
erans' Legislation and also over the Com-
mittee on Veterans' Affairs which was
organized at the beginning of the 80th
Congress.

Surely he was one of the ablest par-
liamentarians ever to serve in the House.
He was a many sided man. He could
literally quote Shakespeare by the hour
and the same was true of many passages
from the Bible. All who knew him loved
to hear him tell his amusing — and, on
some occasions, side-splitting — stories.

The people of his district and of the
South generally will ever be in his debt
for what he did in connection with the
legislation creating the Tennessee Val-
ley Authority and the Rural Electrifica-
tion Administration. The furnishing of
electricity to his constituents and the
people of his beloved Southland was a
project which always merited his great-
est concern and he was in the forefront
to provide electricity for his people. I
heard him remark once that when he
came to Congress in 1920, 2 percent of
his district was electrified and that when
he left, slightly less than 99 percent had
electrical power. Much of this advance
was due to the legislation which Mr.
Rankin sponsored.

A man of fierce loyalties, he served
only briefiy in World War I but that brief
period of service made him alwasrs ap-
preciate the problems which veterans
had and continued to experience over the
years. Any veteran who needed as-
sistance could always count upon receiv-
ing a ready and sympathetic hearing
from the gentleman from Mississii^i.
We who knew him will always cherish
his memory.

Mr. COLMER. Mr. Speaker, regard-
less of party, I am sure that we were all
grieved to learn of the recent passing of

our former colleague, the Honorable
John E. Rankin, of Missladivl- John
Rankin was a Member of this body with
many years' service when I came here as
a freshman in 1933. Nature had en-
dowed him with many talents which be
had sharpened by his hard work and
studious habits. While his colleagues
did not always agree with him, they
nevertheless respected his sincerity of
purpose and his devotion to his State and
his country. No man with whom I have
served in this House had a better knowl-
edge of parliamentary procedure or a
more alert mind or quicker wit. At re-
partee he was unexcelled. Those who
were bold enough to cross lances with
him in debate rarely ever encountered
him a second time.

John Rankin served a useful purpose
in this House. His long service here will
not soon be forgotten.

I Join with my colleagues here today
in paying tribute to his brilliant mind,
his great service to his country and ex-
pressing anew my sympathy to his be-
loved wife and daughter.

Mr. WILLIAMS of Mississippi. Mr.
Speaker, the passing of our dear friend
and former colleague, Hon. John E. Ran-
kin, marked the end of an era in Missis-
sippi's public affairs. Perhaps no man
who ever represented my State in this
body could point to a greater record of
legislative achievement than Mr. Rankin.
His monimiental work in behalf of legis-
lation creating both the TVA and REA
programs will not be soon forgotten by
the people of America. As a member of
the old Dies committee, and later as the
one most responsible for making the Un-
American Activities Committee a perma-
nent committee of the House of Repre-
sentatives, he made his mark in history
as a relentless fighter for America, and a
formidable foe of everything un-Ameri-
can. As everyone knows, the veterans of
America's wars had no better friend or
benefactor than John Rankin. As an in-
dividual, he was one of the most colorful
persons ever to serve in this distin-
guished body and, indeed, one of the
most able. He was a gifted orator and
had no peers in the art of rough and
tumble debating. He was a master at
repartee, and his knowledge of parlia-
mentary rules and law was unsurpassed.

Mr. Rankin and I became fast friends
when I first arrived to serve in this body
some 14 years ago. Although he was
then a senior Member and a highly re-
spected leader of the House, he was never
too busy to lend me a helping hand,
nor to counsel with me on matters af-
fecting my service here. I shall be in-
debted forever to John Rankin for the
wonderful friend that I knew him to b».
I think it can be said truthfully that
John Rankin was missed by every Mem-
ber who had served with liim in this body.
Few Members make such a lasting im-
pression on their colleagues.

Mr. Speaker. I have lost a dear friend,
and America has kwt a great leader in
the passing of John Rankin. To Mrs.
Rankin and their devoted daughter and
grandchildren, I Join their thousands of
friends in extending deepest and most
heartfelt sympathies.

Mr. Speaker, many times I have heard
Mr. Rankin recite a favorite poem. "In-
vlctus," which, in these words, describes
him better, perhaps, than any other:
It matters not how strait the gate,

How charged with punishmente the Bcroll,
I am the master of my fate :

I am the Captain of my soul.

Mr. WIN8TEAD. Mr. Speaker. I Johi
with my colleagues in paying respect to
the memory of Hon. John Rankin, who
served as a Member of this House from
Mississippi for 32 years. His death
marked the passing of a good, personal
friend and one of the most courageous
men I have ever known. He was tnily
one of Mississippi's outstanding citizens
and one of the Nation's real statesmen.

Mr. Rankin will long be remembered
by servicemen and veterans for his effec-
tive efforts in their behalf while he was
chairman of the House Committee on
Veterans' Affairs. Always alert to their
rights and needs. Mr. Rankin never lost
an opportimity to lead the fight for vet-
erans' benefits.

As a stanch supporter of the Tennes-
see Valley Authority, he contributed in
a remaricable way to the health, happi-
ness and well-being of thousands of
families throughout the South. His in-
terest in ijeople knew no bounds and he
never lost his sjonpathetlc regard for his
fellow man. To him the welfare of the
average man was of paramount im-
portance.

He was at one time instrumental in
preventing the aiiollshment of the House
Un-American Activities Committee. As
a member of this committee, he con-
stantly fought for its existence as a safe-
guard against communism in this
eoimtry.

The name of John Rankin will be long
remembered — not only in Mississippi and
the South, but throughout the Nation.
I am certain that Mrs. Rankin, his loyal
and devoted wife, and their lovely
daughter, Annie Laurie, will find much
comfort and consolation in the knowl-
edge that he lived a full and worthwhile
life.

Mr. VAN ZANDT. Mr. Speaker, the
Honorable John Elliott Rankin, an illus-
trious Member of the House of Repre-
sentatives for 16 consecutive terms, who
died on November 26, 1960, will be re-
membered as one of the outstanding
public servants of our time.

John Rankla represented with distinc-
tXoa the old First District of Mississippi
for 32 years— years which were exceed-
ingly critical in our country's history —
years that literally reshaped the poUUcal
and economic life of the United States.

Mr. Rankin will be remembered, with
the late Senator George Norris, Republi-
can of Nebraska, as coauthor of the bill
that created the Tennessee Valley Au-
thority. He served his constituents and
his Nation with unselfish zeal.

There are Innumerable enviable quali-
ties to be found in the character of John
Rankin, but I should like to emphasize
two in particular which he exhibited
with fiery courage.

I recall an incident in 1941 when an
oil painting of Chairman John Rankin
was presented to the Committee on
World War Veterans' LeglslaU<Mi. There

were numerous veteran organizations
pres<!nt and there were many words of
praise offered to our illustrious chair-
man, J(rfm Rankin. But the response to
those words of praise made by Mr.
Rankin contained — among others — ^the
two qualities in his charact-er I wish to
recall to our minds today.

First, he regarded the obligations of
Congress toward our veterans as a sacred
trust.

I quote Mr. Rankin's words of Febru-
ary 6, 1941, as follows:

This tribute i« to the committee. It Is to
those liembers who have fought with me,
and who are stiU fighting with me for justice
for the disabled veterans and their widows
and orphans. We know It costs money. We
do not deny that. We knew it would cost
money when the war was over. It has always
cost money. But, In my opinion, there is no
greater Investment America can make at any
time than to take care of the disabled vet-
erans and the widows and orphans of those
veterans who fight In the defense of our
country.

The second quality of our late col-
league's character found in his response
to the presentation in 1941 was his deep
and abiding love for his fellow man. We
all know that John Rankin s friendship
departed from party lines. Again I quote
from his remarks:

Someone has said that those friendships
that spring up between the mt'.mber8 of the
two political parties In the Congress are the
flowers that overhang the walls of party poll-
tics. I want to say to you that they affc»d
some of the finest friendships I have known.

Mr. Speaker, therefore, I find myself
in the position of believing that the
finest tribute I can accord our deceased
colleague is to repeat his own words.

I rejoice that it was my privilege to
serve in the Congress and on the House
Committee on Veterans' Affairs with
John Rankin. He will be remembered
with admiration and with affection. The
courage with which he carried his con-
victions was exemplary, indeed. To his
wife and daughter I extend profound
sympathy in their great loss.

Mr. EVINS. Mr. Speaker, it was with
much sadness that I learned during the
recess of the Congress of the passing of
our former colleague, the late Honorable
John E. Rankin, of Mississippi.

Congressman Rankin served in the
House of Representatives for 32 years
before his retirement in 1953 and was
one of the most colorful, forceful, and
dedicated Members to serve in the House.
John Rankin was a champion of the
people of his area — the South — and a
firm and devoted advocate of improving
and bettering the way of life of the peo-
ple of our Nation. The Tennessee Val-
ley Authority and the Rural Electrifica-
tion Administration were among his
great interests. He was active in fight-
ing for legislation to create these two
important Federal agencies and always
was a vigorous supporter for the full de-
velopment of the TVA and the rural
electrification program.

He served as chairman of the House
Committee on Veterans' Affairs for many
years and was a powerful and effective
chairman. During my early years of
service In the Congress. I was honored
to serve on the Veterans' Affairs Com-

mittee while Congressman Rankin was
chairman of this great ctximilttee. No
Member of Congress ever surpassed C<m-
gressman Rankin in their stout advocacy
and championship of the veterans of this
Nation. He was a strong believer in
adeqtiate bneefits for all of our veterans,
their widows, orphans, and dependents.

Congressman Rankin will long be re-
membered as one of our strong char-
acters who served in this body and his
achievemmts will continue to shine
brightly.

I wish to join with the other Members
of the House in conveying an expression
of my most sincere sympathy to his
widow and daughter and members of his
family.

Mr. SMITH of Mississippi. Mr. Speak-
er, I wish to pay pr<H>er tribute to the
late John Elliott Rankin, for 32 years a
Representative in ttie Congress from the
State of Mississippi. His entire adult
life was spent as a servant of the State
of Mississippi and the United States,
both of which he served with dedication
and distinction. His was a service of
devotion to what he believed to be right,
to his constituents, his State, and his
country.

John Rankin's contributions to Ills
State and Nation were many, but he will
always be remembered as the "Father of
TVA." He was always a champion of
the TVA and REA which meant so much
not only to his own section of the eoim-
try but to our entire Nation. His efforts
and work will remain a shrine, a living
memorial to him for all of those who
come after him.

I extend my deepest sympathy to Mrs.
Rankin and his daughter.

Mrs. BOLTON. Mr. Speaker, so many
good and true things have been said
about the late John Rankin, of Mississip-
pi, that it is difficult to add to these
tributes. However, I must say a word,
because John Rankin increased my
knowledge and added to the joy that is
mine as a Member of Congress.

I am especially indebted to him for the
help he gave me in the matter of ridding
our Great Jakes of the lampreys. His
knowledge of communism and of the
Communist infiltrations into this coun-
try were of inestimable help to me, and
I shall never cease to be grateful for his
generosity in all these matters.

Those who never heard him quote from
everjrthing, from the Bible and Shake-
speare to some of the great speeches of
the Congress have missed something rich
and rare.

So today, Mr. Speaker, I want to Join
my colleagues in these few words of ap- ,
preciation of a man who served here with
all of his heart and mind. To his widow
and his daughter do I extend my sym-
pathy as they mourn his going, even
though they rejoice that he has gone
free.

Mr. BOYKIN. Mr. Speaker, our mu-
tual dear friend, the Honorable Thomas
G. Abkrketht. of Mississippi, paid a
great tribute to our beloved colleague,
who has gone to his reward. Congress-
man John Rankin, of Tupelo. Miss.

Well, I doubt if anything can be added
to what Tom Abxknrrt had to say. but

V

oc

roTvrriRFSSTONAL RECORD — ttOUSE

January 4

iOAl

mMr:iiT7^<;TOTsiAT ppmiin

MrWTQl?

«T

%

CONGRESSIONAL RECORD — tlOVSE

January ^

1961

eONGRESSIONAL RECORD — HOUSE

97

I ftgree with Ton Abbrntehy that every-
thliv he said about our good friend and
colleague, John Rankin, was true. I
worted with him a quarter of a century
and what a worker he was, and what
a thinker. I remember one day some-
body mentioned something on the Re-
publican side about the mockingbird,
and John Rankin just really popped up
or shot up on our side of the aisle and
went to the microphone and recited that
great poem about the mockingbird. I
still have it. and if I could find it right
now. I would include it with these re-
marks. There are so many things and
so many sayings, and so much poetry.
so much that we could say about John
Rankin. He did serve his district, he
did serve his State and this Nation well,
and for a long, long time. His wonderful
wife and daughter were right here by
his side, your side and my side, imd we
all loved and respected the great John
Rankin from the wonderful, wonderful
State of Mississippi

THE HONORABLE MICHAEL J.
KIRWAN

The SPEAKER. The Chair recognizes
the gentleman from Oklahoma [Mr.
AlbektI.

Mr. ALBERT. Mr. Speaker, I trust
that my friends on the Republican side
of the aisle will bear with me if I take a
minute to pay a word of tribute to our
Incomparable campaign manager, chair-
man of the Democratic congressional
campaign committee, the gentleman
from Ohio [Mr. KirwanI. The large
majorities which our party has been able
to maintain in the House of Representa-
tives have been due in no small measure
to the political skill, hard work, good
sense, and sound Judgment of Mikk
KnwAH.

A great deal has been said about the
fact that the Democratic Party lost a few
seats in the last election. Yet I would
like to point out that the majority which
we have in this Congress is the third
largest since the beginning of World
.War II, and that it has been 32 years
since the Republican Party has sent a
majority to the House of Representatives
etMnparable to the Democratic Party
majority in the 87th Congress. Our
membership in the present Congress is
identical with that enjoyed after the
great Democratic victory of 1948. No
one in the Congress or in the country is
due more credit for this accomplishment
than the chairman of the Democratic
congressional campaign committee, Mr.
KiRWAN and his committee, which in my
opinion is the most effective and impor-
tant political committee within the Dem-
ocratic Party.

Every Member of the House knows that
MiKX Ejrwan is not only a great cam-
paigner, he is also a great legislator.
He presides over the subcommittee of the
Committee on Appropriations that prob-
ably has more to do with the develop-
ment of American resources than any
other committee on the Congress. His
legislative service may be characterized
as tliat of a great builder. Projects com-

pleted or under construction in every
section of the United States attest to
the constructive congressional service of
the distinguished gentleman from Ohio,
Mr. KiRWAW.

It may be truly said of the gentleman
from Ohio that during his long years in
this body he has rendered tremendous
service to the great Democratic Party.
More important still, he has rendered
tremendous service to the United States
of America.

Mr. BROOKS of Louisiana. Mr.
Speaker, will the gentleman 3^eld?

Mr. ALBERT. I yield to the gentle-
man from Louisiana.

Mr. BROOKS of Louisiana. Mr.
Speaker, I want to Join the gentleman
from Oklahoma, Mr. Cakl Albert, in
his great tribute to our colleague. Mm
Kir WAN of Ohio. Mike has been a
friend of mine for many years and has
been a most loyal and able Democrat.
He has never been too tired to take the
trail again. There is no more loyal and
capable Democrat in Congress than is
our colleague, Mr. Kirwan.

And Mike has done all of this without
shirking in any sense his congressional
duties. In handling the affairs of a
great Appropriations Subcommittee, he
has pro video for development project* of
great Interest tx) every section of the
Nation. He has always been most
readily available to his colleagues to
fairly discuss and appraise any project
throughout the Nation. He has done a
great job in a legislative way and, at the
same time he has not completely over-
looked the political complexion of a
legislative party that is dedicated to a
two-party system.
Mr. ALBERT. I thank the gentleman.
Mr. McCORMACK. Mr. Speaker, will
the gentleman yield?

Mr. ALBERT. I am happy to yield to
the majority leader.

Mr. McCORMAClL Mr. Speaker, I
am glad the gentleman from Oklahoma
has made the remarks he has about oiu*
distinguished friend from Ohio [Mr.
KirwanI. There is no more dedicated
Member of the House of Representatives
than Mike Kirwan. He is not only a
great American, but he is also a great
Democrat.

I know my Republican friends will not
feel offended in any way when I pay
tribute to Mikx Kibwan from a party
angle and say that the fact that there
are so many Democrats on this side at
this time and have been in past Con-
gresses in the main is due to the leader-
ship and the work of Mm Kirwam of
Ohio.

Broader than that, as I have said, he
is a great American and a dedicated
legislator. He has made a marked con-
tribution to the legislative history of our
coimtry. I am very happy to Join with
my friend from Oklahoma in the remarks
he has made and which the gentlonan
from Ohio so properly deserves. He en-
joys the respect of all Members of the
House.

Mr. ALBERT. Mr. Speaker, I thank
the gentleman. At this time I yield to
the gentleman from Texas [Mr. Pat-
man.]

Mr. PATMAN. lifr. Speaker, I dedre to
Join my colleague from Oklahoma [Mr.
Albert] in pajring tribute to our dlstln-
gxiished colleague from Ohio, the Hon-
orable Moo KntwAN, for the splendid
work performed by him for the Demo-
cratic Party in the recent campaign.

Mr. Kirwan is a highly respected
Member of this great body. I do not
know of tmyone who is held in higher
esteem and greater respect than the Hon-
orable Mnci KniwAN. He is particularly
admired by the Democrats for the fine
Job he did last year. Certainly, by rea-
son of his standing in Uils House and
his standing in the country, he is entitled
to great credit for the victory that was
won by the Democrats in 1960.

Mr. ALBERT. I thank the gentleman
from Texas. Mr. Speaker, at this time I
yield to the gentleman from Utah [Mr.
King].

Mr. KING of Utah. Mr. Speaker. I
join the gentleman from Oklahoma In
pas^ng tribute to the Honorable Michaxl
J. Kirwan. I do not know whether it is
generally known, but the Democratic
congressional campaign committee came
Into existence some 120 years ago, and
althoxigh I have not researched the mat-
ter, my Impression is that this commit-
tee is the oldest political committee in
the world today. I feel that its recent
successes are in no small measure due to
the outstanding work of the distin-
guished gentleman from Ohio [Mr. Kn-
WAN]. I Include in this tribute also the
work of his distinguished committee
headed by Kenneth M. Harding, director.
I feel that they have made a team which
has been effective, and above all, which
has been fair. They have many prob-
lems, of course, in allocating financial
aid to various candidates. In doing this
they must be fair, and they have been
fair. In that fairness I feel lies the
secret of their success. I theref<H:e Join
in paying tribute to this distinguished
gentleman, and to his committee.

Mr. ALBERT. Mr. Speaker I thank
the gentleman from Utah. I yield at this
time to the gentleman from Pennsyl-
vania [Mr. Flood 1.

Mr. FLOOD. Mr. Speaker, I am de-
lighted to Join my friend from Oklahoma
and my colleagues who have said these
kind words about Macs Kirwah. My
reason for adding my tribute is not only
because of his leadership in the recent
campaign on behalf of the Democratic
candidates for Congress, but because
Mike had the good Judgment to be bom
and raised in my congressional district.
He began when a small child as a slate-
picker in oiu" anthracite coal mines.
He worked in the mines. Then he moved
out to the beautiful State of Ohio where
he became a distinguished statesman.
Not only as a politician but as a states-
man we admire him and respect him for
his tremendous integrity, particularly as
chairman of the Subcommittee for the
Interior Department of the Committee
on Appropriations. We all know that
when Macs Kirwan goes down Into Uie
well of that House. If he is "agin" you
you are in very bad shape. We admire
Mike and respect him and I am happy
to add my tribute to the words of the

distinguished gentleman from Okla-
homa, the whip on the Democratic ^de.

Mr. ALBERT. I thank the gentleman.

Mr. BONNER. Mr. Speaker, will the
gentleman srield?

Mr. ALBERT. I yield to the gentle-
man from North Carolina.

Mr. BONNER. I should like to asso-
ciate myself with the very fine
compliments that have been paid to the
distinguished gentleman trom Ohio [Mr.
Kirwan]. He is a hard worker, loyal to
the Democratic Party; but above all. may
I say. having traveled with him. that he
is one of the finest Christian gentlemen I
have ever known. His loyalty to his
church has been an in^iration to me.

Mr. AI£ERT. I thank the genUcman.

Mr. Speaker. I ask unanimous consent
that all Members may liave 5 legislative
days to extend their remarks in the Rec-
ord regarding the gentleman from Ohio
(Mr. Km WAX 1.

The SPEAKER. Is there objection to
the request of the gentleman from Okla-
hmna?

There was no objection.

Mr. RAYBURN. Mr. Speaker. I am
glad to Join with my colleagues in this
tribute to our colleague. Mzxx Kirwan.
of Ohio.

I have known many men in the House
of Representatives. I have never known
a better or more effective Member of this
House than is Mike Kirwan. When he
brings in his bills before the House, he is
capable of explaining them and letting
the House know just exactly what is con-
tained in the measures that he presents.
He is deservedly popular in the House be-
cause he is a man of the highest char-
acter, faithful to duty and who loves and
wants to serve his country.

Mr. MONTOYA. Mr. Speaker, may I
wholeheartedly Join with my good friend,
the gentleman from Oklahoma, and my
many other colleagues in paying tribute
to the tireless and most effective efforts
of Mm Kirwan in his capacity as
chairman of the Democratic congres-
sional campaign committee during the
last election.

Chairman Kirwan was not content
only with paper work in his job, but he
actually went all over the coimtry in his
quest for success. The reports on his
efficiency and wonderful reception
throughout the grassroots are well
known to all of us. This was a tough
campaign and all of us are deeply in-
debted to Mike Kirwan and to his ex-
ceptionally capable staff for an out-
standing Job.

Mr. HECHLER. I am honored to have
this opportimity to Join in a richly de-
served tribute to our distinguished col-
league, Mncs BIiRWAN, for the outstand-
ing Job which he has done as chairman
of the Democratic congressional cam-
paign committee. It is highly appro-
priate that we call attention to these ac-
complishments on the floor of the House
of Representatives because the very com-
position of Congress Is determined by
the relative vigor and effectiveness of
the congressional campaign committees
and those who man them. The noble
profession of politics is what got us here,
and as practitioners of the art of pol-
itics Mike Kirwan ranks with the best
cvn ^7

of them. He is fair, he is firm, he knows
what he is doing, he is direct tn his ap-
proach, and he always keeps his word.
Most important, he produces results and
to use a combat expression, "the battle
is the payoff."

I want to pay tribute also to Ken
Harding, who is following in the foot-
steps of his late father, the beloved "Cap"
Harding. Ken and his eflBclent, charm-
ing staff help Mike Kirwan carry the
ball and perform the effective work
which the congressional campaign c(»n-
mittee does.

Mr. ULLMAN. Mr. Speaker, I want to
join the gentleman from Oklahoma [Mr.
Albert] in paying tribute to a man who
is not only a great Democrat, but a great
American, Mike Kikwan, of Ohio.

His services as chairman of the Demo-
cratic congressional campaign commit-
tee have contributed a great deal to our
party, and through it to the Nation. I
Imow that the jrotrnger Danoeratic
Members of this body are particularly
grateful for his advice and assistance,
not only in our campaigns, but in our
work here in the Congress.

Those of us from the West are espe-
cially grateful to Congressman Kirwan
for his outstanding work on the Apixt)-
priations Committee, and particularly
on the subcommittee dealing with Inte-
rior appropriations. He is one of our
country's foremost authorities on re-
source development and he has proved
himself a great friend of the West.

He has traveled in my own congres-
sional district, and I know that he has
traveled through most of our part of the
country and that he has personal fa-
miliarity with our problems. He has
drawn on his experience and his capa-
bilities to render great service to the
cause of multiple-purpose development
of our land and water resources, and in
these brief remarks I just want to ex-
press some of the appreciation of all of
us from the West.

This, the opening week of the 87th
Congress, is a most fitting time to pay
tribute to this outstanding American,
and I want to congratulate the gentle-
man from Oklahoma for his able re-
marks and to thank him for giving me
this opportunity to associate myself with
them.

Mr. EVERETT. Mr. Speaker, it is a
real pleasure for me to Join with my col-
leagues in pasrlng tribute to one of the
outstanding Members of the House, the
Honorable Michael J. Kirwan. of Ohio.
known to all affectionately as "Mike."
To pay tribute to Mike is to pay tribute
to the American way of life for he, more
than anyone else I know, is a symbol of
this way of life.

Prom a very modest beginning, through
sheer determinatlMi, perseverance and
hard work. MncE has climbed the ladder
of success. We honor him today for the
great Job he did as chairman of the con-
gressional campaign committee. Dur-
ing the recent campaign he worked tire-
lessly to aid and assist Monhers nmning
for reelection as well as candidates run-
ning for the first time. With Mix> at
the helm we came through again with a
resounding Democratic majority In the
House of Representative for the 87th

Congress. He has been chairman of the
congressional committee since 1947, and
since he assiimed the leadership of that
committee only once — ^that short 2 -year
period between 1952 and 1954 — ^have the
Democrats not controlled the House.
Mike ELirwan is not only a great cam-
paigner, he is a distinguished legislator,
having served in the House of Represent-
atives since 19^6, a member of the power-
ful Appropriations Committee since 1942
where he has served as chairman of the
Subcommittee on Interior Appropria-
tions. I salute you. Mncx. as a cam-
paigner of renown; as a l^islator with
a reputation of accomplishment, a high-
minded Christian gentleman and a truly
great American.

Mr. SMITH of Mississippi. Mr.
Speaker, I want to join in the congratu-
lations and warm praise being given to
our colleague, Mike Kirwan, for his out-
standing work as chairman of the Demo-
cratic congres.sional campaign com-
mittee. The campaign in 1960 was p»-
hape more effectively organized than at
any time in recent years, m a hard cam-
pa^n in every section of the country, the
work of the Democratic congressional
committee resulted in Democratic vic-
tories in many close elections.

Mike Kirwan is one of the real states-
men In the House of Representatives. No
Member has a greater respect for the
pricdess heritage of natural resources
and has done more to aid in their sound
development. Mike Kirwan is, of
course, interested in the affairs of his
own district in Ohio, but he sees all of
our problems as national and he has
given his great energy and valuable time
in assistii^ others of us in all parts oi
the country in helping to properly de-
velop these resources. Pew mea with
whom we serve in the Congress have
done more to benefit the sound devdop-
ment of our great country.

Mr. INOUYE. B«r. Speaker. I am
pleased to join my many colleagues In
paying tribute to one of the truly out-
standing Members of the U.S. House of
Representatives, the Honorable Micbab.
J. Kirwan. of Ohio.

In paying tribute to Mike &rwan, we
are paying tribute to the "American
promise" of unlimited on?ortunity to
thoee who have the will, patience, and
sweat to improve themselves. From a
very humble beginning. Mike Kibwaw
has risen to great and deserving heights.
But he, like all great Americans, has
made greater effort to help oihers in-
stead of himself. He has been a legis-
lative father to many of us, especially
the younger freshmen Members. He
httjt been our adviser, our guide, and
many times our conscience.

As chairman of the congressional cam-
paign committee. Mike Kirwan has
made it possible for many of us to con-
duct winning campaigns. I Join others
in t>iimiring him for assisting us to re-
ceive the privilege of representing our
constituencies in the Congress.

As chairman of the Subcommittee on
Interior Appropriations, Mike Kirwaii
has always offered his sympathetic ear
to the problems of HawalL I am cer-
tain that the grateful people of Hawaii
join me tn trhf>"^^ng Mike KrawAW for

InmineilMl L

98

CONGRESSIONAL RECORD — HOUSE

January U

his assistance in guiding the growth of
Hawaii.

I salute you, Mnot KmwAW— legisla-
tor, statesman, campaigner, gentleman,
and great American.

Mr. BOYKIN. Blr. Speaker, this
morning one of the great leaders in this
House, and everywhere else he goes, the
Honorable John McCormack, majority
leader of the Democratic side of the
House, made a speech. It is a wonderful
speech, about another outstanding
leader and another great and good
friend, and last but not least, an ever-
lasting, outstanding, true-blue Demo-
crat, the Honorable Michael J. Kirwan,
of Ohio. Well, of course, Mr. Speaker,
you know MiKi Kirwan; we all do. He
is a very quiet man; he Is a very hard
worker; he is a very serious man; he is
a deep thinker; he has a great brain and
such an understanding heart; and he
doesn't talk much on the floor or any-
where else, but when he does, like you,
what he says counts.

Well, I just want to say that every-
thing that my beloved friend and our
leader on the Democratic side, the Hon-
orable John McCormack, said was true-
more than true— and I wish there were
something else that we could add to that.
But not only the Democrats, but the Re-
publicans, know they can count on Mncx
Kirwan Just as they can on you when
you tell them anything. I have known
him so long and so well, and I think it
was so wonderful for our leader, John
McCormack. to say the wonderful things
that he had to say about our great col-
league and leader, Mike Kirwan.

Again. I wUl say that Mike Kirwan
has served his district, his great State of
Ohio and this Nation well. Whatever he
does, he does well, and wherever he goes
and wherever he is known, and the
people he works with, I mean all right-
thinking people, will love and respect
this great American, Mike Kirwan of
Ohio.

CARDINAL CUSHING HONORED BY

THE ORDER OP PRIAR HERMITS

OP ST. AUGUSTINE

Mr. LANEr- Mr. Speaker. I ask luiani-
mous consent to address the Houce for
1 minute and to revise and extend my
remarks and include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Massachusetts?

There was no objection.

Mr. LANE. Mr. Speaker. His Emi-
nence Richard Cardinal Ciishing of
Boston is noted for his inspirational zeal
and the good works that have flowed
from it. "He has gone out among the
people" arid they have responded to his
purposeful vision with the dynamic co-
operation that has financed many chari-
table programs and has built many new
hospitals and schools throughout Massa-
chusetts.

One of his greatest achievements was
the building of Merrimack College in
North Andover, Mass.

Thirteen years from the day when he
had presided at the mass opening the
college, this tireless prelate was made an

honorary member of the Order of Priar
Hermits of St. Augustine in the Col-
legiate Church of Christ the Teacher, at
Merrimack College.

Commenting on the progress of the
college during that 13-year span. His
Eminence said:

In this age of science and technology we
all realized from the beginning the pressing
need for a school of engineering under
CathoUc auspices. • • • There was no engi-
neering school In all New England Identified
with any Catholic coUege. It Is a splendid
tribute to the courage and Ingenuity of the
AugusUnlan Fathers that they have devel-
oped a youthful, promising and modern
engineering school that aspires to become
one of the outstanding engineering c-chools
on the eastern coast.

By his tremendous faith in education.
Cardinal Cushing is doing a great service
to his church, to the Commonwealth of
Massachusetts, and to the Nation.

In recognition thereof, I include in the
Record the following account of the
cardinal's enrollment into the order, and
the address he gave on that occasion. It
is titled: "Cardinal Honored at Merri-
mack College" from the September 23,
1960 edition of the Lawrence Eagle-Trib-
une, published in Lawrence, Mass.:

CAKOIMAI, HOMORID AT MXRRIMACK COIXSOE

"I have come to Merrimack College on
many occasions, for various reasons and In
behalf of many causes. None of these visits
can compare with that of this day when we
give thanlLs to Almighty Ood for the great
blessings that He has bestowed upon me
through my enrollment as a member of the
Augustinlan Order."

These were the opening remarks of His
Eminence Richard Cardinal Cushing Thurs-
day morning where, before a standing room
crowd of students, laymen, and clergy in the
Collegiate Chiirch of Christ the Teacher, he
was made an honorary member of the Order
of Friar Hermits of St. AugusUne, a cere-
mony said to be one of the most important
in the 15-year history of Merrimack College.
Prior to the enrollment of the cardinal
Into the order, the procession of priests filed
into the church following the entire student
body and prominent members of the lay
world. Very Rev. James A. Donnellon. OBA..
prior provincial. Province of St. Thomas of
Vlllanova, celebrated the Mass with Rt. Rev.
Francis R. Rossiter acting as master of cere-
monies and Rev. Edward L. Daley as assist-
ant master of ceremonies.

During the Mass, the cardinal sat to the
left of the altar flanked by Very Rev. Vincent
A. McQuade, O.S.A.. and Rev. John A. Kle-
kotka, O.SA.. president of Vlllanova Uni-
versity.

Among those attending were: Rev. John
Lane. North Reading; Rev. Edmund W.
Croke. Wilmington; Rev. John A. Keegan,
Haverhill; Rev. James Olennon, 0.8A.. St.
Mary's; Rev. Bernard OTXtwd, OS.h.. St.
Augustine's; Rev. Alfred M. Natall, O.S.A.,
St. Augustine's; Rev. Clpriano Vicente.
O.SA., the following Merrimack College
priests:

Rev. Mariano Arconada. 0.8A.. Rev.
Thomas A. Burke, OJS A., Rev. Edward J.
Biims, O.S.A., Rev. Donald X. Burt. OJ3.A..
Rev. WUllam O. Cxillen. 0.aA., Rev. Edward
L. Daley, OJB.A.. Rev. Ezra J. Fenton, OJB-A.,
Rev. Joseph A. Flaherty. O.S.A., Rev. Michael
T. McOlnnls. OJ3.A.. Rev. Henry J Mclntyre.
0£.A.. Rev. Henry J. Matthews, 0.8A., Very
Rev. Arthur B. Maxwell. 0.8A., Rev. WUllam
T. Monahan, OBA., Rev. Joseph P. Murray,
OJ8.A., Rev. WUllam Mxirray. O.S.A., Rev.
Christian A. Retera, OJ3A.. Rev. Patrick J.
Rice, O&Jk... Rev. Paul C. Thabault, OJ3.A.,
and Rev. Thomas F. Walsh, O.8.A.

M. Vale, representing St. Joseph's CoUege
In Maine; Sister Irene Marie of Anna Maria
College. Paxton; Mrs. Doris Sterner Buono-
mo, Sister Mary Alice, president of Regis Col-
lege. Rt. Rev. Msgr. Joseph P. Burke. J.CJJ.,
pastor of St. Patrick's Church; Rt. Rev. Tim-
othy P. O'Leary, Rt. Rev. Msgr. JoMph David.
Ph. D.. pastor of St. Anthony's Church: Rt.
Rev. Msgr. Francis M. Juras. pastor of St.
Francis Church; Rt. Rev. Peter T. Llnehan.
VJ-JJE*., Rt. Rev. John J. Murray. Rt. Rev.
M P. Stapleton. St. John's Seminary. Brigh-
ton; Rt. Rev. John J. Twlss. Rt. Rev. WUllam
F ReUly. Rt. Rev. Lawrence J. Riley.
Brighton: Rt. Rev. L. A. Slkora. Rt. Rev.
Msgr. Peter Abouzeld. BJ8., pastor of St.
Joseph's Church: Very Rev. Michael P. Walsh.
S.J.. Boston College president; Rev. Richard
H. Sullivan, StonehUl College; Very Rev.
Gerald F. McCarthy, O.F.B.. prior, St. An-
selm's Abbey. Manchester. N.H.; Rev. James
E. Fitzgerald. Fairfield University; Rev.
Clarence Laplant, OTM... St. Francis College.
Blddeford. Me.; representing Very Rev. Ray-
mond Swords. 8J.. president of Holy Cross,
was Rev. Patrick J. Hlgglns; Rt. Rev. John
S. Seton. Very Rev. Henry B. Smith. O.8.A.,
St. Augvistine'B, Andover; Brother Hugh E.
Sheridan. F.M.8.. Central Catholic High
School; Rev. Daniel O. Sullivan, Sacred Heart,
Bradford; Rev. James A. Wenael. O.S-A., St.
Augustine's Andover; Very Rev. Charles E.
Bauman. O.SA.. Jamaica, Long IsUnd and
Very Rev. Francis L. Dennis, OJBA., Augus-
tinlan College. Washington.

Very Rev. John J. Coffey, O.SA.. Novitiate.
Staten Island. N.Y.; Rev. Thomas Dillon.
O.S.A.. New Hamburg, N.Y.; Rev. Joseph A.
Dulfey, O.S.A.. VUlanova University: Very
Rev. WUllam T. Eagan. OJ3A.. Bonner High
School, Drexel HIU. Pa.; Rev. Daniel P. Falvey.
O.S.A., VUlanova University; Rev. Joseph J.
Olldea. O.S.A.. vice president In charge of
academic affairs. Vlllanova; Very Rev. James
M. Hurley. O.S.A.. St. Nicholas of Tolentlne.
N.Y.; Rev. Denis J. Kavanaugh. O.S.A.. St.
Nicholas of Tolentlne, NY.; Very Rev. C. C.
McHale. O.SA.. representing Very Rev. John
L. Seary. OB.A., provincial of Chicago. HI.;
Rev. Edward V. Stanford. OB.A., VUlanova:
Very Rev. Edward A. Moran. O.S.A., Chestnut
Hill, Pa.; Rev. Ernest J. Autch, OBA..
Church of the Assumption; Rev. Thomas J.
Blesslngton. St. Mary's; Rev. C. F. Cahlll. St.
Joseph s. Salem, VS..; Rev. James I. CarroU;
Rev. John V. Casey, O.S.A., St. Marys; Very
Rev. Edward J. Carney. 05.A., pastor of St.
Mary's Parish; Brother Claver, Secred Heart
School. Shawsheen; Rev. Samuel E. D'Angelo,
O.S.A.. St. Mary's; Rev. Francis J. Dlnan. St.
Patrick's; Rev. P. Forestler, Sli.. chaplain.
Bon Secours Hospital; Rev. James E. Hannan.
O.S.A., St. Laurence's; Rev. James J. Hession,
St. Michael's, North Andover; Rev. Francis J.
Horgan: Very Rev. John Jadaa, rector. St.
Basin's Seminary, Methuen; Very Rev. Paul
M. Judson. O.8.A.. pastor of St. Augustine's
Church; Very Rev. Wllbert Kirk. 0.8A.. St.
Lawence's Church; Rev. Guy A. LeBel. S.M.,
St. Theresa's Church, Methuen and Rev. Wil-
liam A. Long, pastor of St. Michael's. North
Andover.

Rev. James J. McCusker. O.S.A.. St. Mary's;
Rev. Louis A. McMenamln, O.S.A., St. Augus-
tine's; Brother Gilroy. St. John's Preparatory
School. Danvers; Rev. Eugene P. McNamara.
St. Patrick's; Rev. Forrest S. Donahue. SJ..
Campion Hall; Rev. Edward M. Sullivan.
SJ.. Campion HaU; Rev. William 8. MuHen
and Rev. John A. M. Walsh. OJ8.A. of Holy
Rosary Parish.

HighllghU of the Cardinal's exceptional
address:

"Through the kindness of the prior gen-
eral at Rome, the Most Reverend Luclan
Rublo, and the prior provincial of the Prov-
ince of St. Thomas of Vlllanova, the Very
Reverend James A. DonneUan. I have been
invested with the habit of the Friar Hermits,
thereby entlUing me to a share of all the

^.._ ^m.f^^'m.^^-^ V A V -rk ■n^>d'^T% 1~\

•ur\t TCD

January k

1961

d^fettESSIONAi; I^CXHUb '— HOUSE

W

spiritual merits and tmlts of the works and
praysni of AugnstlnUUM throaghout the
world.

"The father general and the father provin-
cial have been most generous In expressing
their gratitude for what we. as archbishop
of Boston, have done for the Augustlnlans
through oxir interest In Merrimack College.
They have conferred upon me the greatest
gift from their splritxjel treasures. I shall
cherish the hoiu}r for time and eternity.

"In undertaking the foundation of Mer-
rimack College the Augustlnlans gave more
than aU others. They gave their heart's
blood. Responding to my earnest appeal,
they started from nothing and put Into the
erection of this Institution of higher learn-
ing, their best administrators, their yoimger
and most highly trained scholars and teach-
ers. They have continued year after year
to replaoa and increase the religious staff
and to advance financial aid whenever nec-
tmjrj. This has involved many sacrifices
or- their part with the result that the Arch-
diocese of Boston Is blessed with a higher
Instltutioa of learning devoted to the spe-
cial needs of Merrimack VaUey and else-
where.

"As oofoimder of Merrimack CoUege I re-
call that It was Just 13 years ago today when
I presided at the mass opening the college.
On a rainy, chilling morning I proceeded over
the rough roads to bless and dedicate the
first classroom building. Then, as now.
Merrimack College was eager to advance and
to meet any program that caUed for prompt
action. At that time there were 105 stu-
dents In one building. It was a humble but
courageous beginning. There were many dif-
ficulties to overconie, many obstacles In the
way of success, but God blessed the endeavor
and tbs Infant Institution developed and
matured.

•TTie forward progress has been Incredi-
ble, breathtaking In rapidity and brilliant In
execution. The growth in the student body
has baen even more spectacular. It has
Inorn— nil ahnost twentyfold In a little more
than a decade. Most significant of all, the
high academic stazMlards and scholastic
aclilevements have not suffered In this un-
precedented multlplloatton ot physical facul-
ties, but have increased and brought forth
gratifying results. Borne 1,500 men and
women have been graduated from these
halls; many of these have pursued advanced
studies In the best unlveraltlsa at the coun-
try and have merited the highest degree at
sdiolaiahlp— doctorates In chemistry, medi-
cine, bldogy, phUoaophy. economies and the
arU.

"This Is my great day at Merrimack when
they honor me with the privilege of wearing
in my own right tiie religious habit of their
great order. But It Is also their great day
for vrithout them there would be no Mer-
rimack CoUege. ''

"In this age of science and technology we
all realized from the very beginning the
pressing need for a school of engineering
under Catholic auspices. We knew the aca-
demic requirements were stringent, the fi-
nancial demands overwhelming — for no col-
legiate Institution can support Itself, let
alone expand, on tuitions alone. Tet the
need was there. There was no engineering
school in aU New England Identlfierl with
any Catholic college. It Is a splendid tribute
to the coiu'age and Ingenuity of the Augus-
tinlan Fathers that they have developed a
youthful, promising, and modem engineer-
ing school that aspires to become one of the
outstanding engineering schools on the east-
em coast. This accomplishment adds special
lustre to the academic excellence of Merri-
mack College and augurs well for the pros-
perity of the future of this part of our coun-
try. I hope that as this school of engineer-
ing grows to full maturity, and strives to
meet all the demands of modem sclentLIc
progress, it wlU merit the financial aid of

business, aclentlflc. %nd industrial corpora-
tions that have expanded throughout this
area in recent years. The progress of Merri-
mack School of Engineering Is associated
with their progress.

"Ours Is an age of science and technology.
Conununlsm today, shows what may happen
when science and progress tmms away from
God. Men forget their loyalties, become
enamored with materialism and its accom-
pdlahments, strive to become masters of their
own destiny and conquerors of the world.
We need scientists. We need technologists.
We need engineers. But we need Ood loving
and God fearing men who whUe plumbing
the depths of scientific knowledge and en-
larging the horlBons of engineering accom-
plishments, know and reaUze that man is
a creature of God, made to know love and
serve God In this life and to be happy for-
ever with Him in eternity. Well-trained,
competent, able, and learned scientists and
engineers are greatly needed today to meet
the threats and force of materialism and
atheism. Here at Merrimack they are trained
to be saints as weU as scholars; loyal citi-
zens of the city of Ood as well as city of
man.

"By recalling the spiritual and academic
tradition of the Augustinlan Order we can
appreciate that Merrimack CoUege, the Joint
enterprise of the Augxistlnlan Fathers and
the archbishop of Boston, has a paraUel with
the genius of St. Augtistlne. He was a
bishop of one of the greatest dioceses in the
early church, the dlooese of Hippo in north
Africa; he was an able administrator, the
foxinder of a religious order to help carry
out the divine mission of the church, sig-
nifying the close association of the Augvis-
tlnlans with the successors of the Apostles
and In the present instance with the arch-
bishop of Boston In carrying out the works
which the diocese needed and for which they
were specially qualified.

**The close association of the Augustlnlans
with the work of the episcopate is character-
istic of the Order of St. Augustine. Her mis-
sionary and academic labors in Mexico, Peru,
Colombia. Brazil, Ec\iador, the PhlUpplnes,
Japan, China, India. Persia, Armenia,
Georgia, Indochina, Malaya, Africa. BoUvla.
and Australia are historic and heroic. To-
day, the most reverend prior general, rules
over a total of over 8,800 Augustlnians, dis-
tributed throughout 400 houses In 34 prov-
inces and 10 vice provinces.

"Here In America over 700 Angnstlzdans
serve In 17 dioceses stalling S coUeges.
several seminaries, numerous high schools
and parishes. They have sent missionaries
to Japan and chaplains into the armed serv-
ices. Locally the Augustlnlans have labored
in the archdiocese of Boston for over a h\m-
dred years. Many of them such as Father
James T. O'Remy have contributed mightily
to the religious life of the area. Merrimack
CoUege is but the latest fiowering of the
labors of many sons of Augustine who have
labored In this area, true to the spiritual,
academic and missionary tradition of their
father, St. Augustine.

"It was Aug^istine, too, who said that there
la no standing still; eltber we push upward
or we go downward. And so whUe I look with
great satisfaction at the truly herculean ac-
cc«npllsliments of this coUege I see before
us other tasks that call for action.

"Tlie men of Merrimack and the ladles of
Merrlniack, those who have answered the
appeals, all whom we embrace as benefactors.
As cofounder with my brethren of the Au-
gustinlan Order, I wish to express my thanks
and appreciation to aU these and other
friends of the college who have seen it grow
fitun helpless Infancy to a strong maturl^.
Their vision and encouragement, their con-
fidence and generosity are prominent In my
thoughts and prayer today. Let us an go
forward. We are on the threshold of greater
accomplishments. We must not stand stUl.

*7ray daUy that God may continue to bless
ova endeavors, as I pray that He wlU bless and
be with you and yours today and forever.
Amen."

Rev. Joseph P. Murray, OJSA. of Merri-
mack OoUege, read the decree of afllliatlon in
Latin and Very Rev. Vincent A. MoQuade.
03.A., PhD., president of the coUege read it
in English. The decree was read as the
cardinal changed from his habit to that ot
a member of the Order of St. AugusUne.

"Die decree :

"The Most Reverend Lucta Rubio, prior
general of the Order of Friar Hermits of St.
Augustine to His Eminence the Most Rev-
erend Cardinal Richard James Cushing.
archbishop of Boston.

"It is fitting that we bestow upon thoae
who have merited the praise and graUtude
of our Augustinlan family whatever extraor-
dinary favors we are empowered to give.

"Wherefore by virtue of this decree,
humbly Imitating the perfect dispensers at
God's manifold graces, and by virtue of the
authority of our office, we aflUiate you as one
who has shown by special affection and love
for our order. We welcome you to our
brotheriuxxl and consider you a spiritual
guardian of Augustlnlans.

"By indult of the Holy See, we Joyfully
grant to you participation both in life and
after death, in aU the masses, prayers, fasts,
in every spiritual work performed with God's
help, by the brothers and slaters of our
order, wherever they may be in the whole
Christian world.

"Granted in Rome, at the general curia on
the feast of Saint Augustine, August 28,
1060.

"T^sther LvcuK Rubio,

"Prior Oeneral. OXJIJL
*7ather SaLUSTUirim Muttkl^,

"Secretary of the Order."

Rt. Rev. Francis R. Roesiter acted as
master of ceremonies and Rev. Bdward L.
Daley, O.S.A., assistant master of ceremonies.

Following a talk by the cardinal which
lasted close to an hour, the procession at
visiting priests and clergy taking part in the
colorful and solenui ceremonies, farmed ones
again and proceeded to the new men and
women's domUtories where they were blessed
and dedicated by the cardinal.

AREA OF REDEVELOPMENT

&fr. FLOOD. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute and to revise and extend
my remarks.

The SPEAKER. Is there objection
to the request of the gentleman from
Pennsylvania?

There was no objection.

Mr. FLOOD. Mr. Speaker, yesterday
I introduced In the House the new area
redevelopment bill for the distressed eco-
nomic areas of the Nation. This will be
the new administration bill and will have
the support of President-elect Kennedy,
who has repeatedly urged the passage of
this legislation.

Similar legislation was twice vetoed by
President Eisenhower.

At high noon on the first minute of the
first hour of the first day of the 1st ses-
sion of the 87th Congress, in keeping
with my pledge to do so, I introduced the
new Flood-Douglas bill. Senator Doug-
las will introduce the bill in the Senate
today.

The bill, as Is wen known, deals with
probl«ns of areas of chronic unonploy-
ment. President-elect Kennedy said on
January 2, 1961, upon receiving the re-
port of the special committee named by

\

10fi1

r*mMr;iiF<iSTmMAt nu.r.oiin — HOTi.<iP.

tfli

100

CONGRESSIONAL RECORD — HOUSE

January ^

II

n

him to consider these problems, on
which committee I served as adviser:

It would be a mistake to consider the prob-
lems of chronic vmemplojrment and under-
employment solely In the context of the areas
dlreotly affected. The entire Nation suffers
when there Is prolonged hardship In any
locality.

After the long, hard fight of the past
several years to pass the Flood -Etouglas
bill, I am more than happy now to spon-
sor the new bill with the approval of the
President-elect and to feel certain that
the bill will speedily pass the Congress
and finally be signed into law. The bill.
In its broad purpose, strikes at the des-
perate problems of chronic unemploy-
ment in specified areas of the Nation
and. of course, applies directly to the
situation in Luzerne County, Pa.

The bill is basically the same as the
one passed twice by the Congress here-
tofore and twice vetoed by President
Elsenhower.

The total amount called for is $389.5
million. It provides $100 million in the
loan fund for private projects. The pe-
riod of the loan will be for 25 years; the
Interest rate wUl average about 4^ per-
cent, figured on the comparable rates of
UJ3. Government obligations of the long-
range type of 10 years and over, plus
one-half of 1 percent divided into one-
quarter for administrative purposes and
one-quarter for sinking fuud generally
Intended to meet defaulting obligations.
There is a second $100 million of loans
for areas of underemployment with the
term of the loan and the interest rates
the same as set up for the loans for pri-
vate projects. There is a third $100
million earmarked as loans for public
facilities such as the development of in-
diistrlal parks, which I believe, in the
Luzerne County area, can be utilized for
the filling of mine strippings and aban-
doned workings to be made suitable for
industrial parks as well as acquisition of
these sites and other sites to be cleared
for industrial parks. This loan section
will also include sewers, water lines, and
other public utilities essential to indus-
trial development imder the strict condi-
tions that have appeared in all former
Flood-Douglas legislation.

A third provision is for $75 million, in
this case, grants instead of loans, also
for public facilities under very rigid re-
strictions to communities as spelled out
In the bill.

The interest rate on the public facility
loans is slightly dilTerent than on the
other loan provision. The public facility
interest rate will be computed on the
basis of both the long-term and short-
term comparable rates of such Govern-
ment obligations and will come out at
about 3V4 to 3Mj percent, something like
the so-called college rate on college
loans.

There is another provision for tech-
nical assistance to plan and aid in plan-
ning for the depressed area communi-
ties, $4^ million annually, and another
provision which, in my Judgment, Is one
of the most important in the bill, a $10
million provision to retrain workers in
the area and to train imskilled workers

to take theU: places in the new plants
and developments or in the expansion of
existing f aciliUes in the depressed areas.
I have every reason to believe that the
Flood-Douglas bill will be the first of the
so-caUed must bUls of President-elect
Kennedy's new administration and, I
know, this will gladden the hearts of my
people of Luzerne Coimty. Pa., who have
been hoping and praying for this recog-
nition of Federal responsibility to help
our people help themselves and to pro-
vide jobs for men who want to work.

Mr. Speaker, the new area redevelop-
ment bill which I introduced today will
be today introduced in the Senate by the
distinguished Senator from Illinois I Mr.
EtouGLAsl . who served as chairman of the
Task Force on Area Redevelopment, ap-
pointed, as you will recall, by President-
elect Kennedy. The report was made to
Mr. Kennedy, and as the result of that
report this bill was prepared. It will be
known as House bill No. 5. I will repeat
the number, House bill No. 5.

I urge and request that my colleagues
on both sides of the aisle join me in
sponsoring this bill. You can obtain a
copy of the bill at your leisure, but I will
be grateful if as soon as possible as many
of you as care to will get a copy of this
new area redevelopment bill. I repeat.
it is HJR. 5.

The Sugar Act expires on March 31
of this year. There is not much time.
I hope the Agriculture Committee will
get right to work on this difficult problem.

AMENDING THE SUGAR ACT OF
1948

Mr. BREEDING. Mr. Speaker, I ask
unanimous consent to address the House
for 1 minute and to revise and extend
my remarks.

The SPEAKER. Is there objection
to the request of the gentleman from
Kansas?

There was no objection.

Mr. BREEDING. Mr. Speaker. I have
joined the gentleman from Texas IMr.
Rogers] and other Members in introduc-
ing legislation to amend the Sugar Act
of 1948.

Briefly stated, the legislation would in-
crease by about 260,000 acres the acre-
age allotment for domestic sugar beet
producers, and provide an equitable
formula for distributing the additional
acreage among growers in old and new
growing areas.

My concern. Mr. Speaker, is to pro-
vide additional acreage for domestic pro-
ducers of our country.

Under the present legislation, we are,
for all practical purposes, barred from
expanding acreage.

Even with the removal of acreage con-
trols on sugar beets we cannot look for
any expansion. There simply does not
exist the refining capacity to handle any
additional production in our area.

I beUeve the permanent changes pro-
vided in this legislation will be an incen-
tive for private companies to build new
refining capacity. They need assur-
ances of permanency in any changes.
After all, they must know their large In-
vestments in new plants will not be
jeopardized by a reduction of any new
domestic acreage allotment to satisfy the
demands of some foreign producer^

SMALL BUSINESS REPORTS
AVAILABLE
Mr. PATMAN. Mr. Speaker. I ask
unanimous consent to extend my re-
marks at this point in the Ricord and
include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Texas?
There was no objection.
Mr. PATMAN. Mr. Speaker. I would
like to announce that the reports Issued
just recently by the Small Business
Committee are now available for dis-
tribution to the Members and their con-
stituents. One of these reports is the
committee's final report which describes
the results of the investigations and
.studies conducted by the committee dur-
ing the 86th Congress. It is about 200
pages long but the conclusions and rec-
ommendations chapter is quite brief. It
lists the committee's 29 recommenda- »
tions in behalf of small business.

In addition to its final report, the com-
mittee has released eight additional re-
ports, each of which deals with a specific
type of problem facing small business
at this time.

Copies of these eight additional re-
ports are also available to the Members
and their constituents. A listing and
brief description of each of these eight
reports follows:

List or Rspobts in AnomoN to the Commit-
TE«'» FiKAL Rnorr Issuzd R»c«»rn.T bt
Housx Smau. Busiifxss CoMMrmt Mow
AvAmiBLK roB DiaxBiBunoN to Mxmbbbs

AND CONSTITtTXNTS
I. 8TATX7B OF 8MA1.L BUSINCSS IN RSTAII. TBAOC

This Is a staff report which describes bow
various types of small biislness retaUers are
faring In their efforts to compete against the
chains. It shows that the chain organisa-
tions, and eepeclally the big ones, have in-
creased substantially their share of the total
retaU market In certain areas of retail trade.
In 30 big cities, according to the report, the
chains have captured from 80 to 90 percent
of all retaU busineas.

The report Is highly objective and baaed
upon data obtained within the past a or $
months from the Bureau of the Census. It
supplies Interesting Information concerning
many different classes and types of retail
trade.

n. CX>NCBNTBATIOH IN BANKS AND SMALL
BT78n«BS8

A Staff report dealing with the transition
that has occurred In the commercial bank-
ing business in this country from the tra-
ditional independently owned unit bank to
the present dominance of chain banks snd
branch banks. It shows that concentration
In commercial banking has climbed to a
point where the Independent unit banks have
only about 30 percent of the Nation's total
banking deposits and loans. In Bome States
branch banks and holding company banks
control more than 90 p>ercent of the total
commercial bank resources and loans. Ac-
cording to the report, 66 giant commercial
banks control more than 40 percent of the
deposits.

This report is highly objective and based
upon data prepared within alwut the past 2

T ._..

1961

CONGHESSIONAt RECORD — HOUSE

101

months by the Federal Reserve Board and
the Federal Deposit Insurance Corporation.

TB> DAIBT

ntOBUDCS Of
(B. BSPT. BSSl)

in. aicAU. BUI

ZNOUBTBT

This report describes the competitive
climate in which the Nation's smaU dairies
are endeavoring to compete and survive.
Pricing practices of the large chain organi-
zations are doc\unented together with other
Information showing that In many cases
these pricing practices are threatening to
make It impossible for a locally owned,
hometown, small b\ialness dairy to remain in
business. The report also explains why leg-
islation Is needed to afford relief to the hard-
presaed independent small business dairy.

n. THE OmOANIZATION AND OPBBATIOW OF
BMAU. BVBINMS AOMimSTBATIOH (B.

NO. ltS2)

This report describes and explains the
various duties of the agency and poinU out
those areas In which It has discharged these
duties In a (1) good, (3) acceptable, and (3)
unsatisfactory manner. The report discusses
and recommends the type of legislation be-
Ueved to be needed to assist the agency to
perform its various tasks. In the report
emphasis is placed upon the new Small Busi-
ness Investment Act and explains fully how
this act can be of great benefit to smaU busi-
ness. Part n of the hearings lists the num-
ber of loans granted by the agency In each
congressional district.

V. rtOnUBTABT BIGBTS MMO DATA (B. BKTT. NO.
2230)

This report provides a constructive discus-
sion of problems associated with the protec-
tion of proprietary rights In design, tech-
nique, and know-how developed by small
business concerns at their own expense. It
shows how the procurement regulations of
the Department of Defense disregard the
proprietary rights In data of the small busi-
ness concerns. One of the recommendations
advanced calls for the creation of an ad hoc
committee to revise the procurement regula-
tions.

yi. BICAU. BUSINBSa IN TBX ALtTMOnilC
INimBTBT (H. B«rr. NO. 8ai2)

This document explains the plight of non-
integrated smtdl business fabricators and
pinoMBors in the aluminum Indiistry. It ez-
pUias the inequitable price structure be-
tween the basic metal and the finished or
semifinished product. This aUeged price
squeeee U described as posing a sertous
threat to the smaU bxulness members of this
growing Industry. The report explains also
those problems stemming from the Increased
amounts of aluminum scrap being exported
from the United SUtes. In addition the re-
port discusses the competitive Impact felt
by fmaii busineas members of the industry
as a result of the sale of molten aluminum
to the large automobUe manufacturers.

vn, SMALL BxmxMxaa pboblzms ix food
DXsraiBunoir (a. bbft. mo. aB»4>

This report describes the results of a
searching Investigation and the related series
of hearings at which testimony was devel-
oped from both small bxisiness and big busi-
ness regarding the retail grocery trade. In
the report emphasis Is placed upon (1) the
buying practices of big chains. (2) the acqui-
sition of food processing plants, meatpack-
ing plants, etc., by the big chains, and (8)
legislation needed to remedy the competitive
handicaps being faced by the small business
members of the Industry.

by the subcommittee. Appended to the re-
port, however, are two statements, one of
wtiich describes La some detaU the Indlvidtial
views of the subcommittee chairman. Rep-
resentative Jambs Roobxvblt. The other
statement describes fully the personal views
of Representative William H. Avbkt, a mi-
nority member of the subcommittee. In this
form the report deals primarily, and In some
detail, with the alleged efforts of the major
oil companies to require the lessee-operators
of their stations to handle only those brands
of tires, batteries, and accessories sponsored
by the major oU company. As indicated, the
testimony is in conflict but the entire docu-
ment explores fully the problem presented.

MEDICAL AND HOSPITAL CARE

Mr. DULSKI. Mr. Speaker. I ask
unanimous consent to address the House
for 1 minute and to revise and extend
my remarks.

The SPEAICER. Is there objection to
the request of the gentleman from New
York?

There was no objection.

Mr. DULSKI. Mr. Speaker, I have to-
day introduced a bill, known in the last
Congress as the Forand biU.

I am so strongly convinced of the need
for legislation of this type that I felt
compelled to mtroduce Mr. Forand's
bill in this session.

The whole question of medical and
hospital care has taken on new signifi-
cance in the light of rapidly increasing
costs in this field. I am acquainted with
friends and constituents who have suf-
fered chronic illnesses necessitatmg ex-
tended hospitalization, and their entire
life savings have been eaten up by these
costs.

We are proud of our medical system —
the greatest in the world. Our doctors
are the most dedicated and among the
best. They work under our free system,
like nearly everyone else in our economy,
and that is the way it should be.

In my humble opinion, the present
social seciirity benefits and the present
volimtary medical insurance plans, most
of which are too costly, carmot ade-
quately discharge the ensuing obliga-
tion of providing proper medical and
hospital care for most of our senior
citizens.

This problem is also beyond the means
of local and State governments. There-
fore, Congress must consider some ac-
tion to make certain that our American
people will have adequate medical and
hospital care without bankrupting them-
selves. We no longer can Ignore the
plight of our aged citizenry.

I earnestly hope that appropriate steps
will be taken in this Congress to provide
the help that Is so urgently needed by
the majority of our aged population.

▼m. SMALL BtTBINXSa VBOMLBMS Of

LSOM nfDtrSTST (B. BIVT. BO. BBSS)

This two-page report, as i4>proved by the
committee, recites that further hearings
shotUd be held to resolve the conflicting
testimony developed at recent hearings held

pTT.Ti^ TO HELP SMALL BUSINESS

Mr. PATMAN. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the Rkcord and
to include extraneous matter.

The SPEAKER Is there objection
to the request of the gentleman from
Texas?

Tbere was no objectioxi.

BILLS TO ^CLP SMALL BT75XNBS8

Mr. PATMAN. Mr. Speaker, as the
87th Congress opened yesterday. Janu-
ary 3, I Introduced several bills de-
signed to help fmall business. They are
H.R. 11, H.R. 123, HH. 124, HR. 125.
and H R. 127.

AMZNDMENT TO BOBINSON-PATMAN ACT

Hil. 11 contains the same provisions
as a bill carnring that number and in-
troduced by me in the 86th Congress and
In the 84th and 85th Congresses. It
reafi&rms the national public policy and
the purpose of Congress in the laws
against imlawful restraints and monop-
olies, commonly designated antitrust
laws, which among other things prohibit
price discrimination. It will aid in in-
telligent, fair, and effective administra-
tion and enforcement, strengthen the
Clayton Act as amended by the Robin-
son-Patman Act and the protection
which it affords to independent business.
Tbe Congress reaffirms that the purpose
of the antitrust laws in prohibiting price
discriminations is to secure equality of
opportunity to all persons to compete in
trade or business and to preserve com-
petition where it exists, to restore it
where it is destroyed, and to permit it to
spring up in new fields.

These objects and purposes would be
accomplished through an amendme..t to
the Clayton Antitrust Act so as to pro-
vide that any person, partnersh^, or
corporation selling goods, wares, or mer-
chandise in interstate commerce at
discriminatory prices would have an
absolute defense to a charge that such
discriminatory prices violate the Robin-
son-Patman Act unless the effect of such
discriminatory pricing would be to sub-
stantially lessen competition or tend to
create a monopoly in any line of com-
merce. This legislation has become nec-
essary because the Suprraae Court of the
United States in the case of Federal
Trade Commission v. Standard Oil Com-
pany of Indiana (S40 UJ3. 231 ) , held that
any large firm such as the Standard Oil
Company of Indiana is immmie from
prosecution imder our antitrust laws for
discriminating in prices, even though the
effect of such discriminations destroys
small business and creates monopolies,
so long as that large firm can show that
it was discriminating in price to meet the
prices of some small competitor.

SXLLXBS BEQTTIBia) TO PTTBLISB PKICKS

HH. 123 would amend section 2(a) of
the Clayton Antitrust Act as amended
by the Robinson-Patman Act, to provide
for and require sellers of goods, wares,
and merchandise in interstate commerce
to publish their prices, terms, and con-
ditions of sale. Many of the difficulties
now faced by small business firms stem
from the practices of certain sellers in
granting and extending secret rebates,
discounts, and other under-the-table
benefits to certain customers in order to
divert business from honest, competing
small business firms. This practice has
been particularly rampant m the sale and
distribution of dairy products. House
Report No. 2713 in the 85th Congress and
House Reports No. 714 and No. 2231 in

i

•« nit-t

r^cvKrnxi i:cc¥r\KT at x> vnno r\ urvr tcu

%nn

1

i

Hi

'^1

102

the 86th CongresB. M mado by the SmaU
Busintss oominlttM r^Attns to smaU
budness problems In the dairy Indus-
try, have i-epoited upon and emphasised
how this practice of secret rebates, terms,
dlacounta. and condition* of sale are d«-
stroying small business firms and creat-
ing monopolies to the detriment of pro-
ducers, small business firms and the con-
suming public. Por example, at page 79
of House Report No. 2231, Issued by the
House Small Business Committee on
Small Business Problems in the Dairy
Industry. December 22, 1960. is the rec-
ommendaUon of the Small Business
Ccmmxlttee that appropriate legislative
ccMnmlttees of the Congress consider the
recommendations of independent dairy-
men of proposals for legislation to re-
quire publication of prices, discounts, re-
bates, allowances, commissions, loans
and gifts by all sellers. It is believed
that this legislation deserves serious and
favorable consideration early in this term
of the Congress.

CUKBS COHKnON BT BIO BT7TB«»

Hil. 124 would amend subsection (f )
of secUon 2 of the Clayton Antitrust Act
as amended by the Robinson-Patman
Act so as to make it unlawful for any per-
son engaged in commerce, in the course
of such commerce, to receive, directly or
todirecUy. a price, payment, allowance,
service or facility prohibited by other
provisions of the Robinson-Patman Act
where the person receiving such prices
and payments knows, should know, or
has reason to believe that such prices or
payments are In violation of these other
provisions of the law.

One of the principal provisions of the
Robinson-Patman Act, as approved June
19. 1936, was the prohibition set forth In
BubsecUon (f) of section 2 of that law.
It made it unlawful for any of the large
iHiyers to Induce or knowingly receive a
price discrimination prohibited by other
sections of the Robinson-Patman Act.
That section of the law had been de-
signed for use as a basis In proceeding
against large and powerful buyers who
were using their economic power to
totrco small and even large sellers Into
granting them discriminatory pricing
benefits not available to other customers.
It was thought that this provision of the
law would help make effective the Robin-
son-Patman Act where large buyers were
involved and many small sellers had been
coerced In violating the act. It was
thought that through a few proceedings
against the large buyers, much of the
problem would be cleaned up. However,
the Supreme Court of the United States
In 1953 In the case of the Federal Trade
Commission v. the Automatic Canteen
Co. (346 US. 61). riddled and made In-
effective that section of the law by Impos-
ing almost Impossible burdens of proof
Upon the Oovemment In proceedings un-
der that section. In view of that no
really Important cases against large
buyers in the food Industry have been
sustained under that section of the law.
The present bill. H.R. 124. would help
remedy this situation by making the
enforcement of subsection (f) of section
2 of the Robinson-Patman Act more ef-
fective and more easily enforcible by

CONGRESSIONAL RECORD — HOUSE

January i

provldlits that tiie Oovemment lieed
only show that the person or firm receiv-
ing the discriminatory prices knows,
should know, or has reason to believe
that the prices, payments, and allow-
ances received are in violation of the law.

SMALL Btrsmass oiv«n koht to wtnt ro«

DAMAQKB

H.R. 125 would amend the Clayton Act
so as to supplement existing laws against
unlawful restraints and monopolies by
providing that violations of the Robin-
son-Patman Act shall constitute viola-
tions of the antitrust laws. The Su-
preme Court of the United States on
January 20. 1968. in the case of National
Milk Co. against the Carnation Co., and
Vance against the Safeway Co.. by a
5 to 4 decision, held that section 3 of the
Robinson-Patman Act is not available to
small business firms as a basis for pri-
vate litigation by them in suits for dam-
ages sustained from price discrimina-
tions and sales at unreasonably low
prices, including those at levels below
cost.

An important feature of the bill pro-
vides that small business concerns In-
jured as a result of the things forbidden
in the bill may proceed to enjoin the
practices and sue for treble damages for
injuries sustained. Today, small busi-
ness concerns are not permitted to utilize
section 3 of the Robinson-Patman Act
against monopolistic pricing practices In
private litigation {Nashville Milk Co. v.
Carnation Co. (U.S. 873) and Safeway
Stores V. Vance (355 U.S. 389) ) . Hence
the first result through the enactment
of H.R. 125 would be to remedy that sit-
uation.

SALES BXLOW COST PROHIBITXO

H.R. 12.7 would amend the Federal
Trade Commission Act to strengthen in-
dependent competitive enterprise by pro-
viding that sales at unreasonably low
prices, particularly those at levels below
cost, are unfair methods of competition
and in violation of section 5 of the Fed-
eral Trade Commission Act.

At the Federal level, what can be ex-
pected imder existing provisions of other
laws to help protect small business firms
from the ravages and the devastation
visited upon them as a resiUt of these
predatory practices of large, multiple-
market operators In selecting first one
area and then another In which to sell
at prices below cost until all competition
In each of such areas is eliminated? One
time then? was hope that section 5 of
the Federal Trade Commission Act coiild
be relied upon for help in that respect.
However, largi^ because a Federal court
in 1919 (see the case of Sears. Roebuck A
Co. V. Federal Trade Commission (S68
Fed. 307)), held that section 5 of the
Federal Tiade Commission Act was not
applicable to sales at prices below cost,
the Federal Trade Commission since that
time has been reluctant to attack the
practice imless it was shown to be
coupled with a showing of intent to de-
stroy competition. In other words, the
Commission now considers that in apply-
ing that law to the practice we are dis-
cussing requires a standard of proof
equivalent to the showing of criminal in-
tent to destroy competition. The Com-

mission and the Department of Justice
do not consider that under the existing
law they are authorized and empowered
to proceed against the practice of selling
at prices below cost simply upon the
showing that the effects and results are
the substantial lessening of competition
and tendency to create monopoly.

Many of the States have enacted legis-
lation to combat this practice of selling
at prices below cost. The courts have
upheld the State laws, but due to the
fact that the law of any State does not
reach beyond the State line. It can have
no application to transactions In Inter-
state commerce. The need for Federal
legislation on the subject to fill this void
is apparent.

This does not mean that a majority of
our States have not tried to do their best
to meet this problem. More than 30 of
the States have laws on this subject.
The statutes in only two or three States
have been found to contain defects suf-
ficiently for the courts to hold them in-
valid. Those in the other States which
have been upheld have been applied In
a number of instances. OfBcials of the
States understand the need for effective
action to meet this problem. For exam-
ple, the Legislatvu-e of the State of Lou-
isiana, in its action on a statute against
sales at prices below cost, in 1958, stated:

Wher««s It U the intent of ttM lagUlatiirc
to iH-event the economic destruction ot many
dairy farmers, dairy plants. Ice cream deal-
ers, and resale merchants as a result ot dla-
criminatory trade practices by certain busi-
ness organlBatlons ananclally strong enough
to seU below tbslr own costs (or an eztendsd
period of time, which presents a situation
detrimental to the health, welfare and econ-
omy of the peopls of tbU SUts, * * *

The Legislature of Oklahoma, in pass-
ing a similar statute. Included the follow-
ing statement :

Legislative intent. The practice being con-
ducted by many dairy processing, wholesal-
ing, and distributing plants In Oklahoma. In
the subsidization of retail dealers, through
secret discounts, and the furnishing of
equipment is forcing numerous dairy plants
out of business, and Is a practice which ad-
versely affects the stable economy of Okla-
homa. Such practice tends to reduce the
price paid to the dairy producer, increase the
price paid by the consrimer, and is detrimen-
tal to welfare of the State.

Early this year, the Supreme Court of
the State of Colorado rejected the con-
tention that the Colorado law prohibit-
ing sales at prices below cost was un-
constitutional. It held that the terms
"cost" and "cost of doing business," are
not BO indefinite and uncertain wlUiln
the meaning of the appropriate rule as
to provide no basis for the adjudication
of rights.

On April 14. 1960. a release from tke
office ot Ck>v. Foster Furcolo, statehouae,
Boston. Mass.. with reference to a deci-
sion made at that time by the Supreme
Judicial Court of Massachusetts, ques-
tioning and invalidating the powers of
the Massachusetts Milk Control Commis-
sion to absolutely fix the prices at which
dairy products are to be sold, made the
following statement:

llM qusstlon of the milk control com-
mission's powers has been somewhat clarified,
but we cannot sit by and see ruinous price

7n/kttin^Mt L

1961

CONGRESSIONAL RECORD — HOUSE

103

wars destroy the milk dealers, if such price
wars are caused by unethical sales below
oo«t. Such iMTloe wars Inevitably result in
monopolies and exorbitant prices to consvun-
ers. This has been well established by the
Congressional Small Business Subcommittee.
We have always maintained that the propex
way to end price wars Is by proper law en-
forcement.

Wisconsin's State attorney general.
John W. Reynolds, in referring to crimi-
nal actions brought by his State vinder
Its own law against three large multlimlt
dairy processors, commented as follows:

Thwe are many who feel that imless the
illegal practices of some multiunlt dairies
can be stopped, most, if xu>t all. of the inde-
pendent dairies in Wisconsin will eventually
be forced to seU out.

OcMnmunlties which lose their Indepctul-
•nt dairies end up paying higher prices for
mUk. Jobs are lost, taxes are lost, and the
right and power to make decisions which af-
fect the welfare of tliat community are
transferred to the distant centers where the
capital of that industry is controlled.

Thus, we are informed by responsible
crflicials who are members of legislatures,
the chief legal officers, and high execu-
tives of our State governments, that leg-
islation against the practice of selling at
prices below cost is in the public interest.
They point out that legislation prevent-
ing sales at prices below cost can serve
producers, small business firms, and con-
simiers through the preservation of our
private competitive enterprise system.
The House Small Business Committee on
Julj 27, 1959, In House Report No. 714.
85th Congress, recommended early con-
sideration by the appropriate legislative
committees of the Congress of proposals
which would, among other things, pro-
hibit price discriminations having the ef-
fect of substantially lessening competi-
tion or tending to create a monopoly.

The practice of making sales at prices
below coist was dramatically brought to
light during the course of the hearings
before the Special Subcommittee on
Small Biisiness Problems in the I>airy In-
dustry, under the chairmanship of Hon.
Tom Stud, and In hearings before Sub-
committee No. 5 on Small Business Prob-
laaiB in the Pood Industry, under the
chairmanship of Hon. Jamks RoosavM-x.
It will be recalled that during these hear-
ings one witness after another, as offi-
cials of big business firms, admitted
using the great resoiirces of their com-
panies In making sales at prices below
cost to the detriment of small business.
The practice continues unabated with
devastating effects. Subsequent to the
conclusion of the hearings before the
House Small Business Committee's Spe-
cial Committee on Dairy Problems, we
received Information that the large fiirms
are continuing to make sales at prices
below cost to eliminate small business
arms. On May 14, 1960. a representative
of i^man business complained to Members
of the House that the National Dairy
Products Corp.— Sealtest — wm selling
dairy products in Kentucky at unreason-
ably low prices, and, in that connection,
stated:

The unreasonably low price at which these
products are being sold would seem to be
for the sole purpose of destroying competi-
tion, especiaUy Independent dairies such as

ourselves. This can be very eaeUy done by
a large national concern such as Sealtest who
operate In many different geographical local-
ities and are able to finance and subsidise
a price war against small dairies who seU in
competition.

By using these unfair competitive practices
they would in effect force us out of business
within 30 to 60 days. Therefore, the urgency
for action Is of the most importance. We
ask that you help us eliminate these unfair
practices as quickly as possible by contact-
ing Senator Ltndoji B. Johnson, of Texas,
and asking him to supply this information
to Congressman Wkioht Patman.

These charges by representatives of
small firms are similar to complaints re-
ceived from representatives of other
small firms doing business In other parts
of the covmtry. In some of the areas
where the nationwide distributors have
gained monopoly control of prices, the
public is paying higher prices than
those which prevailed before competition
was eliminated. Therefore. It should be
emphasized that the proposals we are
making for legislation have as their prin-
cipal objective the maintenance of com-
petition. Ctoly through preservation of
competition can the public be assured of
the low prices provided through com-
petition. Prices representing sales made
temporarily at levels below cost provide
the public only with temporary advan-
tages. These advantages are paid for by
other members of the public at the same
time or by the same mwnbers of the
public at other times. It is for that and
the other reasons we are discussing that
we favor legislation which would pro-
hibit sales at prices below cost. We are
against that monopolistic practice be-
cause It leads to monopoly controlled
prices at high levels. In other words, by
fighting for legislation which would pro-
hibit sales at prices below cost, we are
fighting against high prices as the In-
evitable result of monopoly control.

THE GOLD QUESTION— REPRESENT-
ATIVE PATMAN ADDRESSES THE
AMERICAN BANKERS ASSOCIA-
TION: REPRESENTATIVES JOHN-
SON AND REUSS REPORT ON
THEIR STUDY TRIP

Mr. REUSS. Mr. Speaker, I ask unan-
imous consent to extend my remarks at
this point In the Record and to Include
extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Wisconsin?

There was no objection.

Mr. REUSS. Mr. Speaker, the ques-
tion of our gold outflow has continued
to engage the attention of members of
the House Committee on Banking and
c^n iTdicy t

During Novonber and December 1960.
a study trip to the major coimtries of
Western Exirope was undertaken by Rep-
resentative Byron L. Johnson, of Colo-
rado, and myself, as members oi the
House Committee on Banking and Cur-
rency, to inquire into the problems sur-
rounding our balance of payments and
gold outflow. Our report has been made,
under date of December 22. 1960, to the
gentleman from Kentucky [Mr. Bichci].
chairman of the House Committee on

Banking and Currency. In the hope
that the report and reconunendatlons
will contribute to the discussion of Mem-
bers concerning this most important
subject, the report follows:

DKxacBxa 22, 19eo.
Subject: Becommendations on ova balance

of payments and gold outflow.
To: Hon. Bbknt Spzmck.

Prom: Bvaoir L. Jobnbom and Hjcnbt S.
Bkuss.

In the past 8 weeks, we have talked to
flniuicial and monetary authcxities, public
and private, In the United Kingdom. Ptance,
West Germany, Austria, and Swltaerland.
Prom these talks, we conclude that funda-
mental confidence in the doUar, and in the
potential strength of our economy, is not
impaired.

Two extremes u« to be avoided. On the
one hand. Intemperate talk and hysterical
action concerning the dollar can only help
to provoke a real crisis.

On the other hand, it wlU not do to re-
gard our balance of payments and gold out-
flow as mere temporary phenomena, which
will right themselves with no effort on our
part. While recently public attention has
been focused on short-term maXttn, such
as the movement overseas of bank balances
and the gold price flurry in London and
Zurich, the main problem Is a continuous
one. Our persistent payments deficit over
the last 7 years has been caused by the total
size of VS. capital investment abrocwl. tour-
ism, and ova military and economic aid
programs.

In the short ran. these payments can be
financed by buUdlng up the dollar and gold
holdings of oUier nations.^ In the long nm,
however, they mtist be financed out of a
surplus in our trade and service account.

If nothing Is done, the situation could
well get worse rather than better. With full
employment at home, and with an increas-
ing consumer taste for imports, our imports
could well incre««e. The initial imptuit of
the Common Market and the European Pree
TVade Association may well be to erect bar-
riers against American exports to that area.
If the current European boom levels off, so
would our exports. The gap in productivity
between oiirselvee and other manxifacturing
countries is considerably narrower than In
recent years; thxis our exports may en-
counter increased competition everywhere.
Each one of these possibilities coxild Increase
our balance-of -payments deficit.

The foUowlng recommendations are de-
signed to aUevlate this continuing imbal-
ance In OUT foreign economic relations. Ob-
vloxisly, no effort can be made to strike a
perfect balance — ^the situation Is much too
fluid for that.

We onphatically do not recommend:

1. That we sacrifice maximum economic
growth and maximxun employment at home
in order to oranbat balanoe-of-payments
difficulties.

2. Tliat we depart from our policy of an
expanding liberalized world trade.

3. That we abdicate our international re-
sponsibility for defense and for economic
development.

4. That we impose restrictions on Amer-
ican tourism abroad, or on the export d
American capital abroad.

6. That we devalue the dollar. Indeed,
we should indicate our determination that
the value of the dollar be preserved, and ac-
company this by a broad program of action
that will prove that we mean what we say.

I

J

»It should be noted that the VS. dollar
and gold position is stiU the strongest in
the world, and that at least some of our
recent dc^lar and gold outflow has been
BMsasary to improve the rmtrre position
of other nations.

104

CONGRESSIONAL RECORD — HOUSE

January 4

m^

.♦■♦

'.j ■.

A

i I
}

Our r«oonimendaaon» are M folloWB:

OUB »AUlKC* or FATIUBNTS

/. On current account
A. OontroUlng Our Outflow

1. MlUtary commltmenta and awlfltance:

Our foreign military posture requires re-
view on lU own merits. The domestic budget
has always been taken Into account; now
our foreign balance of payments miist be
considered, too. CerUln questions need to
be asked: ^ ^^

Are we relying as fully as we might on
the economy of the host coxintry for sup-
porting personnel and services?

Have o\ir troop dispositions been adjusted
to changing technologies, and changing
world circumstances? Have we examined the
effects of our military support policies upon
domestic political developments In the Most
country? .

The question of the best organization and
flnnnHni support for military requirements
shotild be under recurring national and In-
ternational review In every area of the world
where we are committed. Undoubtedly pat-
terns could be developed which would be
more efficient and economical on their own
merits, and at the same time reduce the
pressure on our balance-of-payments posi-
tion.

West Germany should not be singled out
for special treatment. The question la
global.

a. Foreign economic aid:

(a) We should step up our efforts, mostly
by quiet but firm diplomatic pressiire, to
get other nations to contribute more than
they are contributing today to the develop-
ment of underdeveloped areas. In both grants
•nd loans. The newly formed Organisation
fear Bconomlc Cooperation and Development
offers a hopeful vehicle for spreading the
developmental burden. MultUateral aid.
pcu^lcularly In areas such as Africa and
Latin America. Is usually to be preferred
over unUateral aid; It tends to be more ac-
ceptable to the recipient country, and freer
of political opportunism. Moreover, multi-
lateral aid makes easier a clear comparison
of the efforts made by each contributor.

(b) So long as a massive balance-of-pay-
menU deficit continues, the United States'
main contribution may have to be in the
form of goods, not in the form of foreign
exchange or gold. Thus the PresldentUl
order of November 23. 1900. tying foreign aid
purchases wherever possible to American
goods, seems Justified at the moment. But
we should make It very clear that we Intend
to untie our foreign aid as soon as o\ar bal-
•nce-of-paymenU position permits us to do
so — In the Interest of letting the borrower
buy where It Is cheapest. This, as ova stated
position, would help our efforts to Induce
other countries with balance-of-payments
Burpluses, which are embarking on foreign
aid programs, not to retaliate by tying, but
instead to permit their foreign aid purchases
to be made In the United States.*

8. American tourism overseas:
We should not attempt to curtail our ex-
change of pei-Bons abroad. Two marginal
balance of payments points, however, should
be made:

(a) The ^"business expense" deduction
under the rederal Income tax needs to be
tightened so as to dUallow frivolous use of
the entertainment deduction In any event.
To the extent that this curtails offering a
tax Incentive for American travel abroad. It
will help on our balance of payments.

(b) Ckingrees some years ago Increased the
amount of duty-free purchases which an
American abroad may bring home from $200
to $500. in order to diminish the dollar gap.
Now that our surpliis has become a deficit.

we should consider reducing somewhat the
D500 amount by further congressional legls-
laUon— exempting, however, purchases In
countries which are wlUlng to grant a slmiUr
exemption to their own natloials on pur-
chases In the United States.

B. Increasing Our Inflow

1. Increasing exports:

PresenUy, our exports are ruimlng at the
encouraging rate of more than $20 bUUon
annually. Executive branch projections are
for a sUght decrease unless further steps are
taken. The following steps are strongly
recommended:

(a) Vigorous diplomacy at OATT to re-
duce foreign tariffs generally. ParticulM-ly.
we must ask the Common Market and EFTA
countriee to adopt progressively lower ex-
ternal tariffs.* The United States In the
postwar yean, has given mors than reci-
procity In Uberallzlng trade; It Is now en-
titled to ask for more than reciprocity In

return.

(b) Price Increases In exports from tne
United 8tate3 have been 8 percent since 1953,
compared to a decline of 13 percent for Italy.
5 percent for Prance, and 3 percent for con-
tinental Europe as a whole.* This suggest*
that wage-price Increases In heavUy concen-
toated United Stotes Industries, such as steel,
are mainly responsible for our unfavorable
expoTt price performance since 1953. Ac-
cordingly, we recommend the use of Presi-
dential publicity to attack wage-price In-
creases which are Inconsistent with national
economic stabUlty. H.R. 6237. a blU to au-
thorise such procedures, was favorably re-
ported out of committee in the House of
Representatives in Jime 198©. but has been
denied consideration on the floor by the
House Committee on Rules.

(c) A fvu^her way of increasing our ex-
port* Is to accelerate the rate of productivity
increase In the United States. Tax reform,
with greater depreciation and obsoleeoence
allowances for new plant and equipment, is
indicated, with the lost revenue to be re-
couped "jy plugging income tax loopholes.

(d) Our American agriculture Is poten-
tially the most efficient Industry of all.
Rather than price ourselves out of the world
market by high price supports, it would be
advantageous to get prices of export com-
modities competitive on world markets, and
improve the Income of the family-sized
farmer who practices soimd conservation
methods by direct production payments.

iVi

• We are gratified at the assurances by West
German authorities that their upcoming for-
eign aid pro-am will be untied.

'/^

• It has been sviggested that the Common
Market, with a common external tariff, pre-
sents difficulties for American exports much
greater than does EPTA, where each member
retains its own external tariffs. The xise of
an average for the Common Market external
tariffs will raise tariffs against us by some of
our best Eur<H>eao customers, such as the
Benelux countries and West Germany. The
barrier effect of this Common Market ex-
ternal tariff may be accentuated If the high
tariff countries such as Prance and Italy
succeed la keeping the Common Market ex-
ternal tariff higher than It would otherwise
be. The Common Market will be under
constant pressure from Its high tariff mem-
bers to keep the external tariff high. EFTA
members, on the other hand, will be under
pressure from its successful low tariff mem-
bers to reduce their tariffs. In the Ught of
our exi>ort needs. o\ir evident preference for
the Conunon Market over EPTA may need
reexamination. A 18-nation E\iropean free
trade area, without any raising of tariffs such
as occiue under the Common Market, would
certainly seem preferable tram the stand-
point of American exports.

* International Financial Statistics, IMF,
November 1900. It should be noted that the
United Kingdom's percentage Increase during
thia pOTiod was 10 percent.

(e) Offer full cooperation of the executive
branch to American Industry to determine
further steps to be taken to expand our ex-
porU on a continuing basis.

2. Incr Basing tourism:

We can and should vasUy increase foreign
travel In the United SUtes. Foreigners are
now spending around $900 million annually
In the United States, compared with the aU
most $3 billion that American tourists spend
abroad. Expanded United States tourism
wUl require reduced travel costs, and very
likely a new rate structure for off-peak air-
loads between Eiirope and the United States
for European travelers. It wlU require ac-
celerated programs for expanding our na-
tional parks and forests, which would be a
mecca to Europeans. It wUl require simpli-
fying ova visa and customs restrictions.
The bulk of the program should be borne
by the private American tourist Industry,
with particular attention to hotels and to
passenger travel by rail, rosid, and air. It
la recommended that a hlgh-lerel coordi-
nator be appointed by Executive order, to
get the program moving at once, and then
suggest any needed legislation, which would
Include a vigorous UJ3. Tourist Ofllce.
//. On oaiiHtal aooount
A. Controlling Our Outflow

1. Short-term movements:

While we should not become unduly upset
by such movements, they should be held to
a minimum.

The principal cause of flight of capital.
we believe, is diminished confklenoe in the
dollar. This stemmed in part from appre-
hension concerning the continuing deficit in
payments, and In part from statements In
the election campaign that Democratic poli-
cies would debase the currency. A fiscally
sound policy by the new administration de-
signed to create full emplojrment without In-
flation is the best way to restore confidence
In the dollar.

A contributing caxise of the recent short-
term capital outflow Is the discrepancy In
short-term Interest rates between the United
States and Western Europe, principally the
United Kingdom and West Germany.' The
remedy here la to reduce the discrepancy In
short-term Interest rates on both sides as
far as possible without Impairing the coun-
tries' ability to combat either recession or
Inflation. Thus we can do our part to narrow
the present discrepancy. The doctrinaire
Insistence by the Federal Reserve System on
Its "bills usually" policy means that the
short-term Interest rate In the United States
Is lower than It would be, and the long-term
interest raU higher than It would be, were
the Fed to purchase VS. securities (as it
does at a time when it is expanding the
money supply, as at present) without regard
to maturities. Abandonment of the "bills
usually" policy would tend to raise slightly
the short-term Interest rate, and thus In-
hibit the flight of short-term capital, while
at the same time facilitate, by lower long-
term Interest rates, needed Investment in
homes, schools, and business plant, and thus
combat our current recession.

As for our European friends, we should at-
tempt— diplomatically— to get them to adopt
Interest rates as low as will be consistent
with their efforts to arrest Internal Inflation,
having In mind that a tight tax and fiscal
policy may enable certain of them to adopt

lower Interest rates than would otherwise be

the case.*

•That the discrepancy In Interest rates is
only a contributing cause is evident from
the recent massive short-term capital move-
ment to Switzerland as well, despite the very
low Swiss bank rate of 2 percent.

* Recent helpful steps toward lower interest
rates have been taken by the United King-
docn and Western Germany.

1961

CONGRESSIONAL RECORD — HOUSE

105

2. liong-tenn m'Tvements:
We should not attempt to limit American
foreign investment abroad, except:

(a) No new Pt-deral tax incentives for
American foreign investment (except per-
haps In underdeveloped areas) seem to bs
required. Indeed, the long overdue reexaml-
natiam of our tax structure should Inquire
Into the operation of our present tax pro-
visions for American foreign Investment,
and for repatrlaUon of earnings. These pro-
visions now encoiusge aggressive and Increas-
ingly unwelcomed U.8. investment In heavily
Industrialized foreign countries, to the em-
barrassment of both our balance of payments
(we lose exchange both on the original In-
vestment and on the failure to repatriate
earnings) and of the host country's balance
of payments (the capital Inflow can be In-
flati<mary).

(b) Through d lipoma tic channels, we
should urge those Western European coim-
tries where technology is advanced which
offer special inducements for new industry,
such as remission of local property taxes, or
long-term, low-interest governmental loans,
to refrain from offering such Incentives to
runaway American plants.
* B. Increasing Our Inflow

1. Tltfough diplomatic channels, we should
endeavor to secure Ohe repeal of clogs placed
by foreign countries against Investment by
their nationals in the United States, both
with respect to direct Investment, and In-
direct Investment by purchasing American
securttles In the United States.

2. A policy of naTimiim employment in the
United States, plus a growth rate of 4 to 6
percent annually as contrasted with the 2.3
percent growth rate of recent years, will
greatly contribute to attracting foreign In-
vestment in the United States.

rax oaiJ> onrtTLow
/. Convertinp foretffn-held doUar bakmeea

into gold

Tb the extent that foreign central banks
keep larger balances In dollars, and convert
them less into gold, our gold loss situation
Is improved. We believe, however, that the
best way to Induce foreign central bankers
to adopt a ratio of gold purchases favorable
to us is by Tlgorously pursuing the substan-
tive measiires hers recommended. If we pur-
sue them, foreign central bankers wIaI surely
want to do their part to maintain confidence
In the doUar. Furthermore, since gold earns
no Interest, but dollar balances do. the main-
tenance of Investor and banker confidence
will make possible the reaascrtion of the
dealre to earn Interest.

II.Tht »S-peraent gold cover
Our present law requiring a 25-percent gold
cover on currency and reserve deposits tends
to tmmobillee almost two-thirds of our pres-
ent gold supply. This restricts our gold re-
senre for Isternatioiial claims, and may act
as an Incentive for foreign central t>anks to
convert dollar bfdances Into gold. Since
American cltlxens are forbidden to aeqiiire
monetary gold In any event, the gold cover
law has limited meaning. Its repeal at an
appropriate time would be generally wel-
comed abroad by responsible monet«7 au-
thorities, as a method of expanding our gold
reserves against International claims, and
ttatis helping to maintain confidence in the
dollar. Recently, ofllcials of at least two im-
portant New York banks have publicly con-
curred.

As a practical matter, the administration
should review our future domestic and for -
elgn needs for gtdd. and submit to Congress
lU rvcommendntlons for legislation in this
field. The timing of the change should be
geared to slgnlflcant aooomplishment in im-
proving our international payments posi-
tion. We should be acting from a position
of strength, so that modification or repeal
of the gold cover law is not a subsUtute for

more cnsMtructlve steps, but Is only a further
step to Improve international confldence.
Otherwise, there could be panicky misinter-
pretation of the action.

The action would benefit the international
trade pcwitlon of the United States, for it
would be under less strain as the supi^y of
gold for international payments is increased.
Our main trading partners, whose coopera-
tion is essential If our goals are to be
achieved, also benefit from the Increased as-
surance of otir capacity to boncnr all claims.

/;/. Treaaury action and the price of gold
Fliirries In the price of gold in the London
and Ziu-lch markets, such as the recent ones,
hurt confldence In the dollar all out of pro-
portion to their volume. The best way to
prevent future flurries Is by pursuing a bal-
ance of payments-gold outflow action pro-
gram such as that here reconunended.

But such a program should include an af-
firmation by the administration that It «ill
not hesitate, in the event of another flurry,
to use Its legal powers to sell gold. We have
confldence In the dollar. We ahould not
hesitate to bet on it publicly and prompUy.

GOVKBNmNTAL MACHINKIT FOe SUPXEVlStNO

BAUiNCK or PATicxirrs

Our current balance of payment troubles
suggest that a continuing review of our in-
ternational payments be centrallssed In one
place within the executive branch. Appar-
ently, no one is ctirrently responsible for
this vital task. It U a responslblUty long
since assxmied by other countries more ac-
customed than we to living with balance of
payment problems. We recommend that re-
sponsibility for a continuing review of pay-
ment problems be centraliaed, perhaps in
the Director of the Budget (who now super-
vises our flow of impropriations and reve-
nuM), or In the Secretary of the Treasury
(working with the National Advisory Coun-
cil), in order to help coordinate the affairs
of iixe DepartmenU of State, Treasuj^, De-
fense. Commerce. Agriculture, the Interna-
tional Cooperation Administration, the Fed-
eral R«erve System, the CouncU of Economic
Advisors, and others.

The distinguished genUwnan from
Texas [Mr. Patmah], also a member of
the House Committee on Banking and
Currency, made an Important ^eech on
the subject of gold to the evening meet-
ing of the National and State Bank Divi-
sions. American Bankers Association, at
the Mayflower Hotel, Chinese Room,
Washington, D.C., on December 5, 1960.
The text of his speech follows :

Ladies and gentlemen, distinguished
guests, two questions very much in the pub-
lic mind today are. of course, the gold ques-
tion and the question whether the incoming
President wiU assume aU of the executive
powers, or ooly those powers which can be
exercised without reelect to monetary
policies.

The pleasant aspect of talking with you
about gcrfd is that this is a subject on which
everybody Is manifestly an exp<;rt. Every-
body makes proposals, and the diversity of
the proposaU being made is exhilarating, to
say the least. On the subject of gold, a cat
can look at a king, so perhaps a poUticlan
can amuse a distinguished gfitberlng of
bankers.

Last week Mr. Henry Alexamler made a
suggestion, at your meeting in Florida, that
Federal law be amended to do away with
any requirement that the Goveniment i*ore
some quantity of gold In fixed proportion to
the Federal Reserve's currency and deposit
llabUitles. Such an action would make
avaUable an addltkmal $12 bUlkm of gold
for dollar sales to foreign central banks, over
and above the quantities already available
for this purpose.

It is fortunate that this suggestion has
come from so distinguished a banker as the
chairman of the Morgan Guaranty Trust Co.
I am sure that It will receive careful con-
sideration in Congress. The prc^Msal will
have my support, for what that may be
WOTth. It is to be hoped that whether or .
not this proposal is accepted, we can find
ways of bringing about a better distribution
of the gold reserves among the Western na-
tions and having the other nations share, on
a continuing basis, more of the interest losses
which holding the gold entalla.

As you well know, the fractional gold
requirement was never anything more than
a psychological nest egg, and one which we
never really needed. When this requirement
was being proposed. In 19S5, the House Com-
mittee on Banking and Currency naturally
sought the views of the late Senator Robert
L. Owen, one of the chief architects of the
Federal Reserve Act, and a man whose bank-
ing experience then covered a span of 42
years. When asked what he thought of the
requirement then being proposed, Senator
Owen said, "I think It is a Joke. • • • We do
not need any gold behind our money." »

Senator Owen then added what we all
know, which Is that the value of the dollar
rests, not on gold, but on the fact that it Is
the money of a great Industrial nation. It
will buy all kinds of goods and services. In-
cluding gold, and Including also the energy
so\irces which will do the wOTk formerly as-
signed to man and beast. By law, the dollar
is good for the payment of debts and ta^«,
and that Is backlzig enough.

During these past 25 years, gold has not
only been sterilized from our money; It has
also been sterilized from our thinking. In
this period, our citizens could not exchange
their dollars for gold, and would not have
done so if they could have. In brief, we
have demonstrated to everybody's satisfac-
tion that the dollar Is not on the g<*l stand-
ard, but gold Is on the dollar staxuSard.

In truth, our practical experience on tills
matter runs for a great deal more than 9S
years. At no time In the several centuries
past has any Western nation had a quantity
of gold, or silver — or any other commodity —
with which to convert more than a minute
fraction of its money in circulation at the
time. In these centuries, conunercial bank-
ers In the Western World have been creating
money against pledges of all varieties of
valuable assets — ^business inventories, pro-
ductive machinery, consumer duraMee. and
all other kinds of real wealth. The results
have been most fortunate for all concerned.
Furthermore, the present fractional gold
requirement does not serve to limit the ex-
pansion of our money supply— nor should
it. We are agreed, I think, that the money
supply must be decided on the basis of what
seems appropriate to the volume of goods
and services being produced and dis-
tributed— not on the basis of the quantity
of any one commodity which we happen to

have stored away.

The recent outflow of our gold Is. of course,
a symptom of some bad economic policies
which should be, and most be, corrected.

On the other hand, I cannot, for the life
of me, understand the reasoning which leads
to the stiggestlon that our balance-of-pay-
ments situation has suddenly reached a
crisis, cr that it calls for hysterical measures.
Such things as siunmoning the National
Sectirity CouncU to Augusta, ordering home
the families of oxir troops abroad, and ur-
gent missions to the governments of Europe,
all create the Impression that our Govern-
ment Is a great deal more concerned about
its gold hoard than it has any right to be.

-I

1 p^nwng Act Of 19S5. hearings before the
Pfi,»tn»tj and C\MT«icy Committee. Hoose of
Bepresentatlves. 74th Cong., 1st sssa.. on HJa.
6967, i^. 660-660.

Xjr\l TCB

106

CONGRESSIONAL RECORD — HOUSE

Janimry Jk

II

i

These dramatic and highly publicised
moves will have very little effect on our bal-
ance <rf peymentB. On the other hand, they
will have a temporary effect of vmdermlnlng
confidence In the dollar, thus causing lor-
•igners to use their dollar holdings to pur-
cha8«» more of our gold than they otherwise
would. This result, while evidently not In-
tended, seems all to the good. We could
wish, however, that the same result could
have been brought about without causing
hardships to the families of our military per-
sonnel. Prankly, I hope that the President's
order will be carefully reconsidered.

The United States still holds about half
the Western World's monetary gold. At the
same time, we are paying to foreign holders
of dollars a tremendous Interest bill. In-
deed, we ore paying out about $400 million
a year in Interest charges to foreigners Just
on their holdings of Federal debt obligations.
"niU la no small Item In our balance-of-pay-
ments deficit. Foreign central banks wishing
to exchange their Interest-bearing dollar
claims for gold should be encouraged to do
■O.

It occurs to me that In the new Congress
one ot the appropriate committees — perhaps
the Joint Economic Committee — should ex-
plOTe the feasibility of adopting some meth-
od of settling international balances of pay-
ments which will make less use of gold. Con-
sidering the world problems with which we
are faced, isn't It time to ask whether the
nations of the Western World cannot, col-
lectively, wean themselves away from faith
In gold. Just as most of these nations have
already done individually in the conduct of
their domestic affairs?

It would be distressing to see this great
Industrial Nation, blessed as It is with re-
sources and know-how of all kinds, paralyzed
In both its domestic and foreign policies by
a resurgence of the ancient superstitions
about gold. Why should any Western na-
tion suffer convulsive fears of losing some
of Its store of metal which Is In great sur-
plus relative to any foreseeable economic
use? So far, there are no signs that the
requirements of the space age will place any
large demand on gold.

There are signs, however, that If we con-
tinue our gold support policy, sooner or
later we will be laying ourselves open to
mischief from the Soviets.

There is every reason to think that we will
■Win o\ir contest with the Communist bloc
If the contest continues, as It should, on
the basis of production of real wealth. We
would not like, however, to be forced into
a position of having to put more of our
productive resources into gold mining, sim-
ply because the Soviets might decide to put
■more of their resoxirces into such a venture.
Nor would we like the contest decided by
the accidents of nature which may have
placed greater quantities of this relatively
■useless metal on one part of the globe than
the other. What the commercial price of
gold would be If governments did not pur-
chase half of the annual production at the
•rUflclally fixed floor price, and bury these
quantities away, we cannot, of course, be
■ure. Some authorities estimate that the
price presently fixed at 935 an ounce is about
fo\ir times the true commercial price. Nor
can we appraise the reports of the newly
discovered gold field In Russia, but this
could well prove to be one of the historic
Igold strikes.

In any case, let us ask ourselves this ques-
tion: Is it wise to adhere to a policy which
could enable the Communist countries to
add to their productive equipment, possibly
by as much as a billion dollars annually?
Does it make sense to help the Slno-Sovlet
bloc obtain from the Western nations par-
ticular kinds of capital equipment which
they oould not obtain except for the fact
that we support the price of Russian gold?

Is It wise to adhere to a gold policy which
deters us from building up our own capital
equipment? One suggestion for correcting
our balance of payments which does not
seem debatable is that we adopt policies to
speed up modernization of our productive
facilities and thus reduce costs. Where,
then, will the Incentives to modernize come
from If we are to continue monetary policies
which are at least halfway aimed at pre-
serving our gold hoard?

By the traditional prescription of Lombard
Street, when a nation Is losing gold, the
appropriate action for its central bank to
take Is to raise Interest rates. According
to the theory, increased Interest rates will
depress business and bring down prices,
thus Increasing exports and reducing Im-
ports. One might guess that the Federal
Reserve policy we are witnessing today Is
one caught halfway between the theory of
the past and the reality of the present. It
Is a policy which leaves us on dead center.
It Is neither preserving the gold, on the one
hand. nor. on the other hand. Is it permitting
the modernization needed to correct the
causes of the gold outflow.

Let us contemplate for a moment the pos-
sibility of pursuing the theory wholeheart-
edly, and we see what has been wrong all
along with monetary policies as an instru-
ment of economic regulation. Manifestly,
the supposed efficacy of these policies hinges
on a 19th century conception of the price
system. Prices must be very sensitive to
changes In supply and demand, much like
the prices of farm products In an auction
market, and wages must go up and down
accordingly.

Obviously, this Is not the kind of world In
which we live. I suspect that you find that
even in the banking business your lending
rates are somewhat tardy In responding to
changes in the supply and demand for credit.
Certainly, monetary policies have been
given an exhaustive test during these past
several years and the test has not demon-
strated much success for these policies.
Quite aside from human errors In timing,
the monetary weapon has {M-oved to be high-
ly selective in its Impact, and It has hit prac-
tically every target except those at which
It has been aimed.

It Is thus that the Federal Reserve au-
thorities have not only overruled, at times,
general policies adopted by the Congress
and the President; they have, on occasions,
vetoed specific programs adopted by the Con-
gress and agreed to by the President. laws
have been enacted which were Intendeo to
make relatively more credit available to
small business. Simultaneously, the Federal
Reserve has pwsued policies which resulted
In relatively less credit for small business.
Laws have been enacted to stimulate home-
bulldlng. Simultaneously, monetary policies
have been adopted which retarded home-
bulldlng.

This raises a question whether those who
entertain an ambition that we will have,
practically speaking, two goveriunents In the
new administration, ought not to take a
serious second look at that ambition. An
independent Federal Reserve going in one
direction, and the duly elected, constitu-
tional Government going in the other direc-
tion, can lead only to chaos and a weakening
of our position in world affairs.

Arguments for an independent Federal Re-
serve, deciding monetary policies without re-
sponsibility to, or coordination with, the rest
of the Government seem to me to miss the
mark by a wide outrgln.

In the first place, the Federal Reserve's
powers are not great enough to checkmate
the elected Government, assiunlng the
elected Government actually did wish to
embark <»i a program of Inflation.

Second, the ancient banker notion of a
populace clamoring tor a raid on the Public
Treasury and pressitflng elected officials for

inflationary actions to cancel out the debt
which the debtor classes owe the creditor
classes Is at considerable odds with the mld-
20th centin^.

It would be hard to find a practicing poli-
tician today who does not know that more
votes are to be lost than gained by Inflation.
Indeed, the public has been willing to accept
the high-interest policy of recent years, with
Its attendant redistribution of the Income
and high unemployment, only becaxue popu-
lar and trusted leaders have sssxired the pub-
lic that this policy U necessary to avoid
Inflation.

If important spending measures have been
enacted despite frantic warnings of inflation,
one of the reasons is that those who have
appointed themselves spokesmen for the
sound dollar have pitched their case on the
proposition that we cannot have a stable
dollar without large-scale unemployment,
amounting to 4, 6 — or as now — 6 percent ot
the labor force, and perhaps more.

In short, the public and the Congress have
been offered a chtHce between an unsound
dollar and an unsound economic system.
The voters In my p^rt of the country, at
iMMt, are not persuaded that the economic
system Is so unsound as has been sxiggested.
Incidentally, there is a legal point which
might be considered a minor detail In some
quarters. It Is that the Federal Reserve's
authcx-lty to decide monetary policies has
evidently been acquired through divine right.
as this authority has never been given the
system by any legislative enactment.

Tou may recall that the Federal Reserve
Act of 1913 adopted what Is sometimes called
the full convertibility theory. This was the
day of the 6-day workweek when bigger fac-
tories, taller skyscrapers, longer ocean liners,
and bigger and better amounts of everything
were waiting to be built. Conservatives of
the day told auto drivers to get a horse, but
there was then no thought that we might
produce too much.

The Idea that economic activity should be
restrained by conscious manipulations of
the money supply is a much newer Idea than
the 1913 Federal Reserve Act. This act an-
ticipated that the money supply would be
automatically determined by the amount of
economic activity taking place. Member
banks were to obtain whatever credit was
required to meet the needs of Industry and
commerce, through advances and discounts
of eligible paper with the 12 Federal Reserve
banks.

Furthermore, In the compromise of the
controversy over public versus private man-
agement of the system, the member banks
were given the privilege of selecting the man-
agements of the 12 Federal Reserve banks.
but the management of the Reserve banks
were not given control over the discount
rate. This control was lodged In the Board
of Governors.

The Federal Open Market Committee was
first set up on an Informal basis. It was
sanctioned by law In 1933 and again au-
thorized as It exists today by the more gen-
eral revision of the act made in 1935. Yet
even In 1985, It was not anticipated that a
consciously determined money supply would
replace an automatic money supply. Nor
was It anticipated that open market opera-
tions would replace discount window activi-
ties and that practical control over interest
rates would thus pass from the Board to the
Open Market Committee.

The revised Federal Reserve Act contains
no such terms as "monetary policy." or
"monetary controls." It Is devoid of any
reasonably clear Inference that monetary
policies, as we understand the term, are to
be xised as a means of economic regulation,
or even as a means of trying to stabilise
prices.

It Is Congress' prerogative to delegate Its
monetary powers, without doubt, either to
the executive branch or to an Independent

.^^ .^^ .ik .* .tf'.K «« w^ ^> 4^ w ^^'^ T A T

t\n£-'r\w»T\

Xir\l TC17

January h

1961

CONGRESSIONAL RECORD — HOUSE

107

affency. But the Suprane Court has gen-
erally held unconstitutional enactments
making other grants of the legislative pow-
ers where Congress has failed to spell out
objectives and limitations to govern the tise
of these powers. There seen-s no doubt that
If a legal challenge were ever raised to the
Federal Reserve's monetary poUdes the
courts would bold them unconstitutlonaL

Legal authority for "monetary policies," In
the modern sense of the term, exists only in
the Employment Act of 1946, not In the Fed-
eral Reserve Act. The 1946 act declares that
it shall be a continuing responsibility of the
Government 'to coOTdlnate and utilise all of
Its plans, functions, and resources" to the
ends stated In the act. As House author of
the Employment Act of 1946, It was my un-
derstanding that "to coordlnaU and utilise"
all of the Government's "plans, functions,
and resources" necessarily meant Including
the resoiirces of the money system and the
Oovemment'B plans and functions relative
thereto. Indeed, monetary and other Oov-
smment policies were coordinated at the
time, and it seemed a foregone conclusion
that they would eontinue so.

In any case, the language of the statute
seems clear enough. Neither the Federal
Reserve Board nor the Oi>en Market Com-
mittee has the authority for determining
monetary policy. The Chief Bxecutive hss
the authority: and he has the reqxmslblllty.
under article II ot the Constitution, to
"take care that the laws be faithfully ese>
cuted."

How the President will carry out this re-
sponsibility is, of coiu-se, left to his JxJdg-
ment. Normally, however, we would expect
the President to appoint a committee made
up of the Cabinet oScers and other top of-
ficials who are most concerned with fiscal.
debt management, and noonetary problems,
as well ss with overall economic policies, to
reconunend monetary policies to the Presi-
dent and carry out such monetary policies
as be may direct. I would hope that mch a
eommittee would Include the Secretaries of
Treasury. Oommerce, and Labor, the Budget
Director, and the Chairman of the President's
Council of Economic Advisers, as well as
Federal Reserve offlcers.

Like all the other regulatory boards and
commissions, the Federal Reserve has cer-
tain quasl-JiKllelal powers and duties, and the
dedalons reached under these powers are
reviewable only by the courts. But deciding
monetary policies is not among these powers.

As I said at the baclnnlng. a eat can look
at kings and It has been my hope that a
politician might amuse bankers.

LESS THAN HONORABLE DIS-
CfHAROE BILL

' Ifr. DOTLE. Mr.. Speaker. I ask
utianimous consent to extend my re-
marks at this point in the Rkoou>.

The SPElAKERw Is there objection
to the request of the gentleman from
California?

There was no objection.

Mr. DOYLE. Mr. l^ieaker. because
inquiry was made o{ me on yesterday
and today by Members as to whether or
not I was going to file again in this 87th
Congress the text of H.R. 88, which was
passed unsmlmously by this House dur-
ing the 86th Congress dealing with the
subject of teas than honorable dis-
charges, I desire to state and give notice
that I wiU fOe said bUI on Friday, next.
The text and content win be exactly the
same as that oi H.R. 88 which passed
this House unanimously during the 88th
Congress.

A bill was filed by me on this subject
on January 3. liWl. But, by inadvert-
ence, some language was contained
therein which I had not intended to
include. Because the House jidjoumed
so promptly today, January 4, 1961, my
secretary did not have time to make the
corrections and prepare the revised bill
in time for me to file it on January 4.

Therefore, to you, distinguished col-
leagues who have asked about it and
expressed desire to file exactly the same
bill as mine in your own names, al-
though I cannot file it tmtll Friday next,
because the House will not be in ses-
sion until Friday and I cannot tell you
what the number thereof will be, I cor-
dially invite you to take the same bill,
as hereinafter set forth, and file it in
your own names and join in a vigorous,
meritorious effort in this 87th Congress
to have this statutory provision enacted
into law. This bill is Intended to be for
the benefit of several thousands of Amer-
ican veterans who have been administra-
tively discharged for comparatively
minor offenses while in the military;
and yet, who have since receiving said
less than honorable discharges without
ever appearing before a court-martial,
made outstandingly good in civilian life
and achieved exemplary conduct for a
period of more than 3 years. Yet, Mr.
Speaker, they have found to their own
sadness, and the sadness of their fam-
ilies and loved ones, and the community
in which they live, that such less than
honorable discharge received for such
comparatively minor offenses while in
the military have been like a stone
aroimd their necks and have made them
economic liabilities without a chance to
obtain dignified employment.

The Etoyle bill. H.R. 88. in the 86th
Congress, having passed the House unan-
imously reached the Armed Services
Committee of the other body, and I can
report that the chairman of that distin-
guished committee. I believe, has ex-
pressed vigorous and live interest in the
merits thereof if such bill reaches that
committee again.

The text of my corrected bill, which I
will file on Friday next, is as follows:

A Fw-t- TO AMsm Ckaptxb 7B cv Titui 10,
UinwD aram Coox, To Paovnw That
CxsTAiN BoAaos EsTABuaKSD THxaxmnnK
SHAIX GIVX CONSmSBATIOM TO Satisfactoet
EVXDXMCB BCLATIMQ TO OOOD CHABACTXX AND
EXKBCFUIBT CONTTDCT IN CIVILIAN LTTX

Arm DiscHAXGE oa Dismbbai. in Dx-

TBSMIinNO WHKTHXa C» NOT TO CamxMCT
CeBTAXN DlSCRASOaS AMD DISMISSALS; l^D
AUTHOBIZX TBS AWASO OT AN BZKMFLABT
BXHASOtLRATIOM CSKTinCATS; AMD fO*

Othxb Purposbs

Be it enacted by the Senate and House of
Bepresentative* of the United States of
America in Congress assembled. That
chapter 79 of title 10. United States Code. Is
amended as follows:

(1) Section 1568 Is amended —

(A) by amending the first sentence of
subsection (a) to read as follows: "Under
xmlform procedures prescribed by the Secre-
tary of Defense, the Secretary of any mili-
tary department, acting through boards of
civilians of the executive part of that mili-
tary department, may correct any military
record of that department when he considers
It neeeesary to correct any error or remove
■n Injusttoe.**:

(B) by adding the foUowlng new sentence
at the end of subsection (a) : "When It con-
siders the case of any person discharged or
dismissed, before or after the enactment of
this sentence, from an armed force under
conditions other than honorable, the board
shall take Into consideration the reasons for
the type of that discharge or dismissal. In-
cluding—

"(1) the concUtlons prevailing at the time
of the Incident, statement, attitude, or act
which led to that discharge or dismissal;

"(2) the age of the person at the time of
the Incident, statement, attitude, or act
which led to that discharge or dismissal;

"(3) the normal punishment that might
have been adjudged had that incident, state-
ment, attitude, or act occurred or been made
In civilian life; and

"(4) the moral turpitude. If any, Involved
in the incident, statement, attitude, or act
which led to that discharge or dismissal.";
and

(C) by adding the foUowlng new subsec-
tions at the end thereof:

"(g) In the case of any person discharged
or dlsmlased, before or after the enactment
of this subsection, from an armed force un-
der conditions other than honcarable, the
board may, with the approval of the Secre-
tary concerned, issue to that person an 'Ex-
emplary Rehabilitation Certificate' dated as
of the date it is Issued. If, after considering
the reasons for that discharge or rtifmlssal.
including those matters set forth in clauses
(l)-(4) of sul)6ectlon (a), It Is established
to the satisfaction of the board that he has
rehabilitated himself, that his character Is
good, and that his conduct, activities, and
habits since he was so discharged or dis-
missed have been exemplary for a reasonable
period of time, but not less than three yeacs.

"(h) Applications and re<4>pUcatlons for
correction of records under subsection (g)
may be filed at any time, but not before
three years alter that discharge or dismissal.

"(1) For the purposes of sub8ectk» (g),
oral or written evidence, or both, may be
used. Including —

"(1) a notarized statement frctn the chief
law enforcement of&cer of the town, city, or
cotmty In which the applicant resides, at-
testing to his general reputation so far as
police and court records are concerned;

"(2) a notarized statement from his em-
ployer. If employed, attesting to his general
reputation and employment record;

"(3) notarized statements from not Isa
than five persons, attesting that Uiey have
personally known him tor at least three yean
as a person of good reputation and evemplary
ocmduct, and the extent o€ personal coota^
they have had with him; and

"(4) such Independent Investigation as
the board may make.

"(J) No ben^ts under any laws of the
United States (Including those relating to
pensions, compensation, hospitalization, mil-
itary pay and allowanoes, education, loan
guarantees, retired pay. or other benefits
based on military service) accrue to any
person to whom an Exemplary BehablUtattOB
Certificate Is Issued under subsection <g>
unless he would be entitled to those
under his original discharge or
Kxoept as otherwise provided In this i
or section 1663 of this tlUe. no «Ee«nplary
Rehabilitation Certificate may be issued ex-
cept under subsection (g), and after a
specific finding by the board that It Is Issued
tmder that subsection.

"(k) The Secretary of Defense for the
military departments, and the Secretary of
the Treasury for the Coast Ousrd when It is
not operating as a service in the Navy, shall
report to Congress not later than January
16 of each year the number of cases reviewed
by each board tuMtor subsection (g) ,

1961

COJTGRESSIONAL RECORD — HOUSE

109

108

CONGRESSIONAL RECORD — HOUSE

Jantuary U

1961

C05TGRESSI0NAL RECOM) — HOUSE

109

m

m

a*

number of Exemplary Rehabilitation Certlft-
catee Issued under that subsection."

(2) Section 1553 Is amended to read as
follows :
"I 1563. Review of discharge or dismissal

'•(a) The Secretary concerned shall, after
consulting with the Administrator of Vet-
erans' AfTairs, establish boards of review,
each consisting of five members, to review,
under uniform procedures prescribed by the
Secretary of Defense In the case of a mili-
tary department, the discharge or dlsmliwal
of any former member of an armed force un-
der the Jurisdiction of hU department upon
Its own motion or upon the request of such
former member, or if he is dead, his surviving
spouse, next of kin, or legal representative
"(b) A board established tinder this sec-
tion may. subject to review by the Secretary
concerned, change a discharge or dismissal,
or Issue a new discharge, to reflect its find-
ings.

"(c) A review by a board established un-
der this section shall be based on the records
of the anned force concerned and such other
evidence as may be presented to the board,
including those matters set forth hi clauses
(l)-(4) of section 1552(a) of this title. A
witness may present evidence to such a
board In person or by affidavit. A person
who requests a review under this section
may appear before such a board In person or
by counsel or an accredited representative of
an organization recognized by the Adminis-
trator of Veterans' Affairs under chapter 59
of title 38.

"(d) In the case of any person discharged
or dismissed, before or after the enactment
of this subsection, from an armed force un-
der conditions other than honorable, the
board may, with the approval of the Secre-
tary concerned. Issue to that person an 'Ex-
emplary Rehabilitation Certificate' dated as
of the date it is issued, if after considering
the reasons for that discharge or dismissal.
Including those matters set forth in clauses
(l)-(4) of section 1552(a) of this title, it is
established to the satisfaction of the board
that he has rehabilitated himself, that his
olutracter Is good, and that his conduct, ac-
tivities, and habits since he was so dis-
charged or dismissed have been exemplary
for a reasonable period of time, but not less
than three years.

"(•) Applications and reappUcatlons for
ocxrectlon of records xmder subsection (d)
may be filed at any time, but not before
three years after that discharge or dismissal.
"(f) JVsr the purposes of subsection (d),
oral or written evidence, or both, may be
used, Including those matters set forth in
clauaes (l)-(4) of section 1552(1) of thU
title.

"(g) No benefits under any laws of the
United States (Including those relating to
pensions, compensation, hospitalization, mili-
tary pay and allowances, education, loan
guarantees, retired pay, or other benefits
based on military service) accrue to any per-
son to whom an Exemplary Rehabilitation
Certificate is issued under subsection (d)
unless he would be entitled to those benefits
linder his original discharge or dismissal.
Except as otherwise provided in this section
or section 1552 of this title, no Exemplary
Rehabilitation Certificate may be Issued ex-
cept under subsection (d) , and after a specific
finding by the board that it Is Issued under
that subsection.

"(h) The Secretary of Defense for the
military departments, and the Secretary of
the Tnaaxury for the Coast Guard when it is
not operating as a service in the Navy, shall
report to Congress not later than January 15
of each year the number of cases reviewed
by each board under subsection (d) . and the
number of Exemplary Rehabilitation Cer-
tificates Issued under that subsection."

8EVERINO DIPLOMATIC RELATIONS
WITH C7UBA
Mr. RIVERS of South Carolina. Mr.
Speaker. I ask unanimous consent to
address the House for 1 minute and to
revise and extend my remarks.

The SPEAKER. Is there objection to
the request of the gentleman from South
Carolina?
There was no objection.
Mr. RIVERS of South Carolina. Mr.
Speaker. 185 years ago a courageous
group of men signed their names to a
document that stands as an indestruct-
ible monument to the courage and for-
titude of the American people. And in
that Declaration of Independence the
rights of life, liberty, and the pursuit of
happiness were called Inalienable rights
and "that to secure these rights, govern-
ments are instituted among men. deriv-
ing their just powers from the consent of
the governed. That whenever any form
of government becomes destructive of
these ends, it is the right of the people
to alter or to abolish it, and to institute
new government, laying its foundation
on such principles and organizing its
powers in such form, as to them shall
seem most likely to efTect their safety
and happiness. Prudence, indeed, will
dictate that governments long estab-
lished should not be changed for light
and transient causes; and accordingly
all experience hath shown that mankind
are more disposed to suffer, while evils
are suflerable. than to right themselves
by abolishing the forms to which they
are accustomed. But when a long train
of abuses and usurpations, pursuing in-
variably the same object evinces a de-
sign to reduce them under absolute des-
potism, it is their right. It is their duty,
to throw off such government, and to
provide new guards for their futiure
secvirity."

Mr. Speaker, at long last the President
of the United States has seen fit, and
properly so. to sever diplomatic relations
with the modem-day Blackbeard, Pidel
Castro.

I discussed in the House of Represent-
atives, on June 25, 1980, the onrush of
communism on the island of Cuba.

Previously, in the summer of 1958, I
said that Pidel Castro was either a Com-
munist, Communist-inspired, or the
tool of the Communists.

Now, 2 years later, and within 90 miles
of our own shores, we are confronted with
Soviet-built equipment, Soviet-manned
airfields, Soviet-trained technicians, and
a Communist-trained Cuban Govern-
ment dedicated to the concept that
America must be eliminated as the lead-
er of the free world.

To paraphrase the Cicero of ancient
Rome, I say now, and I measure my
words carefully — Castro must be de-
stroyed. He must be destroyed, and all
that he stands for must be blotted from
the Western Hemisphere.

Certainly we have little cause to criti-
cize other nations for Communist infil-
tration where there is a mote in our own
eye.

Cuba stands as an insult to American
prestige, a challenge to American dig-
nity and a glaring refutati<Mi of our

ability to constrain communism in its
rampant march for world domination.

Mr. Speaker, I compliment President
Eisenhower for his latest move in regard
to Cuba, but I would be less than candid
if I did not say that it comes very late
in the season.

As far as I am concerned, we reached
the limit to what the United States, in
self-respect, could endure the day that
bearded dictator seized American prop-
erty in a country that was conceived by
America, delivered by America, nurtured
by America, educated by America and
made a self-governing nation by Amer-

ica.

When ingratitude on the part of a
nation reaches the point that it has in
Cuba, it is time for American wrath to
display itself in no uncertain terms.

And let us not be lulled into the com-
placent thought that this is simply a
Castro-sponsored government. Someone
beside Castro is supporting these dia-
tribes that are emanating each day from
the Pearl of the Caribbean.

So, Mr. Speaker. I hope we will not be
too quick to forgive and forget when
Castro finally receives his Just reward.

I hope we will remember those who
had the courage to throw the scoundrel
out of Cuba, but I also hope that in our
efforts to help those who overthrow Cas-
tro we do not adopt a massive forgive
and forget general amnesty for those
who have welcomed the initiation of
communism in Cuba.

There are many Cuban refugees now
in the United States. These are the men
and women who forsook their native
land, their occupations, and worldly pos-
sessions, to live in freedom in America.
They represent the Cuba we once knew.

This is the Cuba that we should now
recognize.

This Is the Cuba that will bring about
the demise of Fidel Castro and com-
munism in the Western Hemisphere.

But if we continue to turn the other
cheek to this depraved idiot who now
rules Cuba with an iron fist, we shall
only find the situation going from bad
to worse. If we are so weak as to fear
Russian retaliation when we clean the
trash out of our own b€u;kyard. then we
no longer deserve to live as a free nation.

I would rather see this Nation go down
in defeat in one mighty blow rather than
suffer the agonies of Communist cancer,
which most assuredly will engulf the
Nation if Cuba is allowed to fester as
the cell from which this cancerous
growth will spread.

Let us lance this pestiferous boil now
by helping in every tangible and intangi-
ble way those Cuban nationals who rep-
resent the true Cuba, and who are willing
and anxious to return to their native
land to once again enjoy the inalienable
rights of man that we vested in them in
1898.

A PERMANENT ORPHANS ACT

Mf. McCORMACK. Mr. Speaker. I
astunanimous consent that the gentle-
man from New Jersey [Mr. Roonrol may
extoid his remarks in the Rscoao at this
point.

The SPEAKER. Is tiiere objection
to the request of the gentleman from
Massachusetts?
There was no objection.
Btr. RODINO. Mr. Speaker, on Sep-
tember 11, 1967. the Congress enacted
the first orphans immigration law. This
act provided for the issuance, on a tem-
porary basis, of special nonquota immi-
grant visas to eligible orphans who had
been, or were to be, adopted by a married
American citizen.

Since that time the Congress has twice
extended that act on a yearly basis.

Under the provisions of the Orphans
Act over 6,000 orphans have been ad-
mitted to the United States. Many of
them left backgrounds of deprivation
and destitution to find refuge in the
American homes of their adoptive par-
ents. Some had been left homeless and
friendless by the death or desertion of
both their natural parents; others had
only one remaining parent Tho, bur-
dened by illness or poverty, vas unable
to give them proper care and attention.
Because of the provisions of Uie Orphans
Act they were all able to find new homes
and a new future in the United States.
I can think of no provision of our im-
migration law which was more humani-
tarian in concept or more rewarding in
practice than this Orphans Act of 1957,
which has given fresh hope to so many
homeless children. I believe it is time
we put this law on a permanent barts.
The present system whereby CongreM,
In the last rushed days of the session,
moves to extend the act for one addi-
tional year, is haphazard, imcertaln. and
unnecessary. Only last June, I was ap-
proached by a family which wished to
wAopt an orphan child in Poland; I had
to advise that family that the applicable
law was due to expire in a few weeks,
and that unless Congress extended the
law past June 30. 1960, there was no pos-
sibility of issuing the child a nonquota
visa. Fortunately, we acted just before
that date to extend the act for yet an-
other year.

Where a law has proved as meritorious
as this one has. I see no point to proceed-
ing in this ad hoc marmer. The Orphans
Act was originally passed on a temporary
baits because it was not then known how
well it would work out In practice. The
act has since passed its period of pro-
bation with flying colors, as is well dem-
onstrated by the fact that the Congress
has seen fit to extend its provisions with
consistent regularity.

I believe we should make the Orphans
Act a permament part of oar immigra-
tion law, and I am therefore introducing
a bill for this purpose today.

THE POROOTTEN CTTIBB
Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that the gentle-
man from New Jersey llix. Ropino] may
extend his remarks in the Rkcoro at this

point.

The SPEAKER. la there objection
to the request of the gentleman f ran
Massachusetts?
There was no objection.

Mr. RODINO. Mr. Speaker, at least
two-thirds of our population Uve today
in urban areaa. Rapidly Increasing ur-
banization has brought with it a host of
new problems which were unknown and
unheard of by our rursJ ancestors. These
problems have become too vast and too
complex to be dealt wiUi on the munici-
pal level; they cross local and State lines
and are truly national in scope and im-
plication.
Although a nimiber of Federal pro-
grams have evolved in response to some
of the most pressing urban needs, our
urban population Is seriously under -
represented in the Federal Government.
There is no central activity to which
urban needs can be presented, at which
they can be evaluated and assessed, and
for which long-term solutions can be
developed. There is no central agency to
coordinate these pressing problems or to
insist that they receive the attention they
require from the Federal Government.

The obvious answer is one which has
been made many times during the last
decade: The establishment of a Depart-
ment of Urban Affairs. I am Introducing
a bill for this purpose today m the hope
that this long-overdue step will yet be
taken during the current session of Con-
gress.

Under my proposal, tlw new Depart-
ment would undertake to deal with the
whole gamut of urban problems: Elimi-
nation of blight, problems of mass trans-
portation, solutions to air and water pol-
lution, water supply, and others.

All the fimctions of the various agen-
cies concerned with housing and urban
renewal would be transferred to the new
Department.

Incorporated in this Department, also,
would be the interests of the consumer,
who now has no spokesman anywhere in
the executive department and who now
often loses out in c(Hnparison with other,
more fairly represented groups. A vital
function of the Secretary of Urban Af-
fairs, in my opinion, would be to press
for greater consumer recc^nition in the
competing activities and policies of the
Federal Government.

INTERSTATE COMMERCE ACT

Mr. McCORMACK. Mr. Speaker. I
ask unanimous consent that the gentle-
man from Illinois [Mr. Rosrnkowski]
may extend his remarks In the Rkcqbd
in one instance.

The SPEAKER. Is there objection
to the request of the gentleman fnxn
Massachusetts?

There was no objection.

Mr. ROSTENKOWSKI. Mr. Speaker,
I would like to introduce two bills — one
to repeal section 203(b) (6) of the Inter-
state Commerce Act, as amended, relat-
ing to the so-called motor-carrier agri-
cultural commodities exemption, and the
second to amend the Interstate Com-
merce Act so as to extend to the rail-
roads a condition exemption from eco-
nomic regiilation comparable to that pro-
vided for motor carriers when engaged
In the transportation of ordinary live-
atock. flsh. or agricultural commodities.

It will be seen immediately that these
bills embody objectives that directly
clash with one another. They are in-
tended to do so. And I offer them not to
confuse my colleagues but to give you a
clear choice as to which path to choose
in eliminating a grave mequaUty of
treatment as between different modes of
transportation which exists in the pres-
ent law.

These bills are being introduced be-
cause it is believed that this exemption
from regulation has been extended far
beyond its original and only justifiable
purpose, which was to help the farmer by
exempting from economic regulation the
initial movement of his products from
the farm to the first market.

Because of the steady broadening of
this exemption to include even factory
processed products moving in commer-
cial channels, regulated can-iers such as
the railroads find themselves severely
handicapped in competing for traffic in
agricultural commodities. Their rates
are rigidly controlled sind are required to
be openly published, while the rates of
exempt motor carrier haulers are not
subject to any control and need not be
made public. The regulated carriers thus
have no clear idea of the kind of com-
petition that they are up against —
though the exempt hauler precisely
knows. As a consequence, large, and
ever-growing volumes of important traf-
fic h^ve been diverted to exempt carriers.
And the Impact on the Nation's basic
carrier — ^the railroads— grew more and
more serious as the courts expanded still
further the scope of this exemption.

Proposals to remedy this situation have
been advanced by a number of public
interests, including the Interstate Com-
merce Commission and various shipper
groups. These suggestions were dis-
cussed during the course of hearings
conducted m 1958 by the Subcommittee
on Transportation and Commimications
of the House Committee on Interstate
and Foreign Commerce. As a result the
Transportation Act of 1958 included a
provision which amended that section
203(b)(6) to halt further expansion of
the exemption and to return to economic
reg^tion the transportation of frozen
fruits and vegetables and imported agri-
cultural commodltes.

This was constructive action. But It
was only one short step forward. While
the 1958 amendment presumably has
halted further signiflcant expansion of
the agricultural commodities exemption
list, the widespread diversion of traffic in
products already exempted from regu-
lated carriers to exempt carriers con-
tinues.

There are two ways to resolve this in-
tolerable, unequal competition. One Is
to repeal the exemption outright and al-
low the traffic by all carriers to be regu-
lated equally. The other is to extend to
the railroads the same kind of exemption
from economic regulation now granted
exempt motor carriers now engaged in
the transportation of ordinary livestock,
fish, or agricultural commodities. I offer
separate bills to accomplish each of these
objectives.

I

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Jantuiry ^

I originally eaitered these two bills dur-
ing the 2d tesskm of the Mth Con-
gress; however, no action was taken.
Since that time the situation has become
mora crltlcaL The loss of weekly car-
loadings to regulated carriers has in-
creased unemptoyment. In the railroad
Industry alone at the end of 1960, em-
ployment has dropped below 800.000.
which Is the lowest ever experienced.

I shall ask the House Interstate and
Foreign Commerce Committee to sched-
ule early hearings on this legislation
and I urge that the House of Representa-
tives give these proposals every consider-
ation in the Interest of establishing con-
ditions of f airplay and equal opportunity
for all transport competitors.

ineome and then passing the burden on
to future generations.

I believe in a balanced budget. I hope
the in<y*"»"g administration beUefea In
a bAlanoed budget. To prevent any ad-
ministrators from yielding to the temp-
tation of deficit spending in order to im-
press voters, this bill should be passed.
Administratton programs may then be
planned according to what we can prop-
erly expect to be able to pay and the
people will know exactly what their Qov-
emment is costing them because the bills
will be paid every year.

I hope my colleagues will share my
concern with fiscal respoasihility and
will Join in this move to have a forced
balanced budget as a constitutional
amendment.

PROPOSED CONSTITUTIONAL

AMENDMENT FOR A BALANCED
BUDGET

Mr. NELSEN. Mr. Speaker. I ask
unanimous consent that the gentleman
from Texas [Mr. Alger] may extend his
remarks at this point in the Record and
include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Minnesota?
There was no objection.
» Mr. ALGER. Mr. Speaker, no more

f I important Issue will come before this

- Congress than the matter of fiscal re-

aponsibility. We are fast reaching a
point where there will simply be no addi-
tional sources to tap for revenue to run
the Government. Congress must face up
to this problem and adopt whatever
means necessary to control spending
while, at the same time, making It pos-
sible to perform the necessary functions
of government. Spending must be ccm-
troUed. We must live within our means.
This Is just commonsense.

m former Congresses It has been my
privilege to Introduce a bill to force a
yearly balanced budget and I do so again
now. I cannot predict what Uie progress
of the bill will be tlirough the House, but
I can predict financial disaster for our
country imless we take concrete steps to
hold down inflation, protect the solvency
of the dollar, and make It possible to give
tax relief to our people. This bill would
aooompUsh these piirposes. This bill In
no way endangers national defense, nor
those necessary services wtiich the Gov-
ernment must render the people. It does
provide the means by which much oon-
spicuoiis waste and unnecessary spending
may be eliminated. Short of war. or na-
tional emergency, this bill forbids Con-
gress to spend more money in any fiscal
year than it anticipates taking In.

It Is as simple as that. It is doing as
a Government what we must do as indi-
viduals and as families — Just live within
our income.

The bill does not limit spending as
such. If Congress wants to appropriate
more money than the Government ex-
pects to receive in taxes, this amendment
would not allow Congress to adjourn
^ until it levied the additional taxes neces-

sary to provide the money. It is a much
more honest approach to om* fiscal prob-
lems than by spending without regard to

COMMUNITY JUNIOR COLLEGE
CONSTRUCTION ACT

The SPEIAKER. Under the previous
order of the House, the gentleman from
Oregon [Mr. Uixmah] Is recognised for
10 minutes.

Mr. ULLMAN. Mr. Speaker, I ask
unanimous consent to revise suid extend
my remarks and Include extraneous
matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Oregon?

There was no objection.
Mr. ULLMAN. Mr. Speaker, in 19S8
I introduced into the 85th Congress a
proposal for Federal assistance to the
States to expand community junior col-
leges. The response to my proposal from
educators and college administrators
across the country, as well as from oth-
ers concerned with this vital field of
higher education, was extremely gratify-
ing. Early in the 86th Congress, I again
Introduced this proposal and I was very
pleased that the Special Education Sub-
committee of the House Education and
Labor Committee found time in its busy
schedule to have 1 day of hearings on
the proposal. The response of these able
members to my propcNsal was encourag-
ing. Yesterday, I again Introduced for
the consideration of my colleagues this
proposal to provide a 5 -year program of
assistance to the States In expanding
their community Junior college facilities.
The 2-year college movement is grow-
ing faster than any other branch of US.
education. It has been estimated that
more than 750,000 young men and women
and adults are currently receiving train-
ing in the Uberal arts and technology at
677 such junior colleges. Dr. James B.
Conant has called for a very consld-
able number of 2-year community col-
leges so that advanced education may
be widely available throughout the Na-
tion. It Is because I share Dr. Conant's
concern that advanced training be more
widely available to oiu- young people and
because I agree with him that commu-
nity Junior colleges furnish an important
means of achieving that goal, that I con-
tinue to press for Federal action in this
field.

Jimior colleges are not a replacement
for 4-year colleges, nor are they the only
answer to our educational needs. They
are, however, an Important part of the

_ in my <]|>inlon. Community col-
_ ara wcoenUy economical to attend,
being located close to the homes of their
students and having, as a rule, moderate
tuitk>n fees. They are responsive to local
needs and provide a flexible but thor-
ough program of studies. Through their
adult study programs they furnish an
important opportunity for continuing
education.

Junior colleges help to ease the pres-
sure on our 4-year Institutions, but the
more Important point, in my estimation,
Is that they encourage more of the Na-
tion's high school graduates to pursue
further education. They furnish train-
ing beyond the high school level to
thousands of young people who would
not otherwise receive it. Junior colleges
thus make educational opportvmity more
democratic and result In the greater
utilization of that most fundamental re-
source, the human mind.

The bill which I have Introduced
would provide financial assistance to
participating States for the initial estab-
Ushment and the expansion of existing
community Junior colleges. It combines
a flat grant with a matcliing fund grant,
the latter to be allocated among the
various States on the basis of their sec-
ondary school enrollment — which is a
measure of the need for higher educa-
tion facilities. No Issue of Federal con-
trol is involved since participating States
will plan the program of expansion for
their own junior college systems. The
bill requires that consideration be given
to areas remote geographically from
other State colleges and universities and
exhibiting a desire for junior college fa-
cilities together with an effort com-
mensurate with their financial abilities.
Within these lnx>ad guidelines, the plan-
ning of the program would rest with the
States. Naturally, the actual adminis-
tration of the colleges established would
continue to be In accordance with the
laws of each State.

Mr. Speaker. I commend this proposal
to my colleagues. It Is a sound proposal
in an area which is, I know, of vital
concern to all of us: education in the
United States in the challenging years
ahead. 1 sincerely hope that furtber
hearings on this measure can be sched-
uled in this Congress and that full
consideration will result in action along
the lines I have outlined In my bill. It
is. I believe, a good bill and it represents
a sound and forward-lookmg concept. I
seek constructive consideration of my
proposal and hope that the 87th Con-
gress will act upon it.

In conclusion. Mr. Speaker, under
unanimous consent. I Include the fol-
lowing article from a recent edition of
Look magazine to be made a part of my
remarks. It answers a number of fre-
quently raised questions about Junior
colleges and I believe that my colleagues
will find It of Interest:

(Ftom Look. Dec. 0. 1900]

Who Should Oo to Jttniob Ck^LLSOx? — Qun-
nom AMD Ambwwrb About nu FAarxsr-
Oaowiira BsAKca or U.S. ^ntcxnati

Am o\ir college-age population sxplodM,
the Junior coU«g« becomea more and more
the best hope for higher education oi many
high-achool graduatea in the ISSO'a.

Jn/tivun^n/ L

1961

CONGRESSIONAL RECORD — HOUSE

111

•nie 2-y«ar -college morement' l« growing
faato' than any other branch ot VS. edu-
cation. Right now, 877 3-year coUege*—
both private. Independent Inatltutlona nice
Christian College and the so-called "ootn-
munlty ooUegee"— *re edxMatlng more than
750,000 young men and women and adults
in the liberal arts and technology. More
than SflftO mlUlon In public and private funds
has been Invested In them. And their num-
ber U likely to continue growing.

Dr. James B. Conant has called for a "very
considerable number of 2-year community
colleges so that advanced education may be
widely available throtighout the Nation."
AU this should encourage parents and high-
school students to consider the Jimlor col-
lege as ar alternative to the senlor-coUege
sdmlsslons rat nuie. and Inspire young peo-
ple who might not otherwise go to college
to look Into the junior college In or near
their local community. (If tliere isnt one,
they might weU ask their elders why.)

8U11. the notion that Junior-college edu-
cation is second best, if not second rate, per-
sists In many parte of the country. The fol-
lowing questions and answers clarify scHue
misconceptions :

What is a junlin' college? It is an institu-
tion of higher learning, usually covering 2
years, whose tuition can be as high (Chris-
tian College tuition U •1.900) or as low
(many community colleges are free) as
tuition at a 4-year college. FacuUty, facul-
ties, and student bodies can, and often do,
compare favorably with many senior col-
leges at the freshman -sophomore level. The
size of Junior colleges, in general. Is often
thought to be small, but some of them are
Incredibly big— Long Beach City (junior)
CoUege In California has about 40.000 stu-
dents. Thus, jimlor coUeges can only be de-
fined In terms of the servloas offered to stu-
dente. And these servloes are what parento
and studente should consider In deciding
whettier or not a junior coUege meets their
needs.

What services do Junior colleges provide?
First, Junior coUegee provide general edu-
cation for high school graduates who want
a additional years and no more.

Second, junior coUeges provide the equiva-
lent of freshman and sophomore liberal arts
education for high school graduatea who In-
tend to transfer Into the third year of senior
coUege and work for bachelor's degrees.

(Community coU^es, which now educate
the bulk of our junior college studente, also
TP^ira a valuable contribution to adult edu-
cation In many locaUtles. Moreover, some
Junior coUeges offer 3-year niirslng courses,
and others provide 1-year business currlc-
ulums.)

Who are the terminal students? The
young man who seeks a semlprofesslonal
career, and the young woman who frankly
states that marriage is her ultimate goal, will
find that Junior coUege can provide a re-
warding general education after high school.
Beeldee. the courses at many Junior coUeges
are designed so that a terminal student can
change his mind and decide to become a
transfer student.

The technological demands of industry In
the sixties and beyond can only increase. The
young man who ezpecte to take advantage of
the demand wUl find that Jxuilor coUege
training can be Invaliiable.

For young women, junior coUege offers
preparation for careers, community service
and marriage, as weU as laying the ground-
work for continuing study In a chosen field
when their children are grown.

There are emotional beneflte for terminal
studente too. Junior coUeges award de-
grees— associate in arte, associate In science,
etc. — and give studente the pleasure of a
graduation that can be shared with famUy
and friends. Compare this to the experience
of the student who drops out of a senior col-

lege after 2 years — ^for work or marriage—
and who often has Uttle to show for his
efforts.

Who are the transfer students? Toung
peoi^e who benefit from a guided transition
Into senl<»' coUege work are i>erhap8 the ocne
of the Junior college movement. They are
often, as President Kenneth Freeman of
Christian College describee them, "the aca-
demically talented who might not otherwise
go to college." Some are, like Patti O'Berg,
In search of direction and feel they have a
better chance to find themselves in tiw
atmosphere of the jvmtor college. Many
from lower-income famUles take advantage
of low tuition rates at commimlty coUeges
and the opportvmity to live at home; their
savings In 2 years enable them to go away to
school for their degrees. Others txim to the
Junior coUege as a last resort, having used
poor strategy in applying to senior colleges
and hoping to make a record that wUl open
the doors in the third year.

In general, what are the advantages for
both terminal and transfer studente? Two
years well spent at a junior coUeeg can help
mature a youth, enabling him to handle a
job or a university situation that he might
otherwise fumble. Those who are undecided
about careers may find that the counseUng
services of Junior colleges are often superior
to those at senior colleges or that are other-
wise available In the commi^ty.

What are the advantages for the U.S. sys-
tem of higher education? In educating
transfer studente, the junior coUeges as-
sume some of the burdens of the 4-year
colleges. They help to relieve pressures that
afflict university faculties and faculties by
sending on studente with a strong founda-
tion for doing good work In their third and
fourth years, whUe weeding out those who
would drop out by the third year anyway.

Many 2-year graduates develop leadership
quaUtles and a sense of responalbUlty that
make them more valuable cltisens of the
senior-college campiis. Bfany, dtirlng their
junlOT-coUege life, go through the agonizing
appraisal of their lifetime goals and are
ready, when they arrive at the 4-year Instl-
tutton. to move ahead mcxe decisively.

How good are the Junior coUeges? In
many 2-year Institutions, the student has a
real advantage over his peers in some of the
smaller coUeges and State universities.
SmaU 4-year coUeges often have less funds
than junior colleges to maintain adequate
faculties for freshmen and sophomores. (Of
course, there Is a shortage of well-trained
teachers almost everywhere.) State xuUver-
Bltles. on the other hand, often use Inex-
perienced Instructors to teach the lower
classes. Many Junior colleges, however, hire
only teachers with master's degrees, which
reeulte in their studente having betto teach-
ers sooner than their counterparte In 4-year
schools.

The relative academic equaUty ot jmilor
coUeges with universities at the freshman-
sophomore level has been Indicated by
studies In CaUfomla (where nearly half of
aU junlOT-coUege studente are enroUed),
Minnesota and other States. In 1953. 50,000
studente were graduated from Junior colleges
In Calllomla. Of thoee who went on to the
University of CaUfornla, 4300 could have
entered as freehmen, but choee the Junior-
college experience Instead. When they were
graduated from the university, their grade-
point average was higher than that of the
studente who had attended the university
for 4 years. Some 7,200, who would not have
been eligible as freehmen. also entered at
the junior year. Over 80 percent were gradu-
ated, and their grade-point average was a
respectable C-plus.

Who should go to Jiuilor coUege? Anyone
whose needs can be fxUiUled by at least 2
years of education beyond high school. The
Junior coUege U a place where young peoi^e
can make Intelligent decisions about the

future. More and more studente are seeking
tte advantages. Perhaps it la an omen that
last year Christian CoUege had 1,500 appU-
cante for Ite freshman class of 250. Cbm.-
munlty colleges are crowded too. Unless Dr.
Conanfk plea for more 2-year colleges Is
answeied, the question may soon be not who
shoxxld go, but, once again, how to get In.

MASON DAM PROJECT

Mr. ULLMAM. Mr. Speaker. I want
to turn now to a project of particular
importance to my district. I also intro-
duced yesterday a bill to authorize the
construction and operation of the upper
division of the Baker Federal reclama-
tion project In Baker County. Oreg. I
take this opportunity to comment briefijr
on this Important project. >)

The proposal embodied in this bill hss
been under study for amost 30 years. It
has the strongest local support and in-
terest and the Bureau of Reclamation
Is currently preparing its report on the
proposal. I confid^itly expect that the
Secretary of the Interior will recommend
to the President favorably on it at an.
earlj date and that this favorable report
will be in the hands of the Congress early
1 this session.

The irrigation features of the project
wUl furnish water for a total of about
18.000 acres. In addition, the projected
100,000 acre-feet of storage will provide
substantial flood control benefits, im-
portant recreational benefits, and im-
proved fish and wildlife conditions. The
proposed 180-foot rock smd earth-fill
Mason Dam will provide sufBcient stor-
age for complete contawl of the Powder
River and vail be a major step toward
comprehensive development of the val-
ley. The project has a benefit-to-cost
ratio of 1.24 to 1. My bill provides that
the portion of the Irrigation costs which
are not within the financial ability of the
water-users to repay within a 50-year pe-
riod will be met from surplus power rev-
enues from the Bonnevll!e system.

As I have inclicated, the people In the
Baker Valley have been working for tl.is
project a long time. It Is of great Im-
portance to their economy and its sup-
porters are vmderstandably anxious to
see their years of effort and waiting bear
fruit. It te ft worthwhile project and
fully consonant with our established and
traditional policies of resource develop-
ment on multiple-purpose lines. I com-
mend the proposal to the consideration
of my colleagues in the House and urge
that early and favorable consideration be
given to this measure.

Und» unanimous consent. I Include
the text of my bill as a part of my re-
marks, and that similarly, the following
letters of support from local people be
made a part of the Record:

A BIU. To AOTHOBIEE TH« SSCBBTaaT 0» TH«
INTERIOK To COMSimUCT, ORlATX, AHB MAXM-

TAiN THE Upp«a Division or thb Bakbk Pto-
KEAL Rbclamation Paoj»CT. Okxoon. and

rOK OrBXR PUKPOBXS

Be it enaoted by the Senate and House of
Representatives of the United States of Amer.
ica in Congress assembled, That for the pur-
poses of providing irrigation water, con-
trolling floods, conserving and developing
fish and wUdllfe, and providing recreatiorxal
beneflte. the Secretary of the Interior, act-
ing pursuant to the Federal reclamation

IQfil

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U«« (Aet of JUM 17. 190a. aa Stat. 388, and
juHB MBendstory thieraof or ■upptammtary
UMreto), la aatliortaed to co«n«trucK opwrte.
«Dd maintain tbe fadUtlM oi the upper dlvi-
■ton of th« Baker federal r«elamation proj-
ect. Oregon. The princtpal worka of tne
project «h»U oooalat of a (Urn and reaerrolr.
pumping plant*, and reUted-^faclUtlea.

Sac 2. The period proTlded In Bubsectlon
(d) section 9. of the Beclamatlon Project
Act' of X839. a« amended (43 U.S.C. 485h),
Xor repayment of the conatructlon cost
properly chargeable to any block of lands
and assigned to be repaid by Irrigators, may
be extended to fifty years, exclusive of any
«l«TelopoMnt period, from tbe time water Is
first deUvered to ttoat block or to as near
that numbo: of years as U consistent with the
adopUon and operation of a variable repay-
ment plan as Is provided therein. Costs allo-
cated to Irrigation In excess of the amoxmt
=dctermlned by the Secretary of the Interior
to be within the aWllty of the irrigators to
repay within the repayment period deter-
mined under the provisions of this section
shaU be returned to the reclamation fund
from net revenues derived by the Secretary
from the disposition of power marketed
thro\i^ the Bonneville Power Administra-
tion which are over and above those required
to meet any present obligations assigned for
repayment from such net revenues.

emc. 8. (a) The Secretary of the Interior
is authorieed. In connection with the upper
iUvlsion of the Baker project, to construct
ipitntnum basic public recreaUon facilities
and to arrange for the operation and main-
tenance of the same by an appropriate State
or local agency or organization. The ooet of
eonstructing such facilities shall be non-
rdmburaable and nonretumable under the
reclamation laws.

(b) The Secretary may make such reason-
able provision In the works authorized by
this Act as he finds to be required for the
conservation and development of fish and
wildlife in accordance with the provisions of
the Fish and Wildlife Coordination Act (48
Stat. 401. as amended; 16 UJB.C. 661-«66c. in-
clusive) . and the portion of the construction
easts allocated to these purposes and to flood
oontrol. together with an appropriate share
of the operation, maintenance, and replace-
ment costs therefor, shall be nonreimburs-
able and nonretumable. Before the works
are transferred to an Irrigation water user's
organization for care, operation, and main-
tenance, the organisation shall have agreed
to operate them In a manner satisfactory to
the Secretary of the Interior with respect
to achieving the flsh and wildlife benefits,
and to return the works to the United States
for care, operation, and maintenance in the
event of fall\are to comply with the require-
ments to achieve such benefits.

(c) The works authorized in this Act shall
be operated for flood control In accordance
with reculatlons prescribed by the Secretary
of the Army purs\iant to section 7 of the
Flood Control Act approved December 22,
1044 (68 Stat. 887).

Ssc. 4. There are hereby authorized to be
appropriated out of any moneys In the
Treasury not otherwise appropriated such
sums as will be necessary to carry out the
pxirpoeee of this Act.

RssoLTmoN oif Tax PnovoaBB TJppxs DnnsiON

IXKIOATIOlf PaOJZCT

Baker County's Soil Conservation District
supervisors representing the four districts
encompassing the entire land area favor the
Immediate development of the upper division
Irrigation project with the construction of
Maenn Dam on Powder River. This facility
win provide a reservoir for water storage ex-
tending water supplies season long for irrl-
gattoo of 20,000 acres of agriculttiral lands
located tn Baker Valley. This project will
not contribute to the production of surplus

oropa nor will tt provide irrtsaUon water for
tend ]K>t now inli^ted.

This development contains all of the mul-
tiple use prijaclplee of resource development.
It contains in addition to Irrigation, flood
control, recreation. domesUc, game and wlld-
Uteymm.

Hm dam is located high in the drainage
cystem and wiU contribute to the principle
of controlled stream flows.

We therefore request your support and urge
you to extend your efforts to secure thl»
much needed water reeource derelopment.
WnxxAM H. Taxwaui,
Chairrmin. Baker Valley Boil Con»«rvu-
tion District.

Waltzb Sbamwat,
Chairman, Burnt River Soil Conserva-
tion DUtrict.

W. W. ANDaxws.
Chairman. Keating Soil Conservation
Dtttrict.

JORM If. McCoaiocK,
Chairman. Eagle VaUeg SoU Coiuer-
vation District.

Baxxa, Oua.. February 19, i960.
Hon. Albxrt C. Ullmait,
Congressman. Second District. Oregon,
Washington, D.C.

Dbax CoNcaxaaMAit Uixkan: The city of
Baker believing that the construction of the
Mason Dam on Powder River In Beker
County will be of great benefit to the entire
county and State, urges you to use your best
efforts to introduce legislation authorizing
Its construction in accordance with Bureau
of Reclamation reports.

Pam. B. Rxvxs.

City Manager.

Bakkx Jatckxs,
Baker. Oreg.. February 19, I960.
Hon. Albert C. Ullman. ^ ^^
Congressman, Second District, Oregon,
Washington, D.C.

DxAB CONGBKSSUAM TTuLKAir: The Baker
Junior Chamber of Commerce believing that
the construction of the Mason Dam on
Powder River in Baker County will be of
great benefit to the entire coxmty and State,
urges you to use your best efforts to intro-
duce legislation authorizing Its construction
in accordance with Bureau of Redammatlon
reports.

Very truly yours,

KzrrH A. Btt7Bbi.dixld,

Secretary.

PovrsxB Rivxa SroRTSicair'a Olvu. Inc.,

Baker. Oreg., February 18. 1990.
Hon. Albxxt C. TTixman,
Congressman. Second Dittriet, Oregon,
Washington, D.C.

DiAX CoKoaTBSMAN Ullman: The Powder
River Sportsmen's Club, Inc., believing that
the construction of the Mason Dam on
Powder River In Baker County win be of
great benefit to the entire coimty and State,
urges you to use your best efforts to intro-
duce legLilatlon authorizing it's construc-
tion in accordance with Bureau of Reclama-
tion reports.

Very truly yours,

ROBSBT C. WiCKAM,

President.

AwTHtWT Lakxs Post 3048,
VcxauMS or Fouson Waxs
ar-tma Umztbo Stath,
FelMTtmy 15, 1990,
Hoc. A&aon C. XTllxak,
Congressm.an. Second District, State of Ore-
gon, Washington. DX3.
DBAS CowGKiancAM ULLMAir: Antbony
lAkea Post S048. Veterans of Foreign Wan,
tmited States. beUevlng the Mason Dam on
Powder River tn Baker County will be of

great benefit to tbe entire county and State,
ureas you to use your best efforts to Intro-
dMoe inlsletlnn authorising Its oonstruo-
tlQD ta aeeordance with Bureau of Reclama-
tion reports.

Very truly yours.

WAi.na O. MoQwiBX,

rottOommaoAet.

Baux. Oam., Febnsmry 11. 1»6$.

Hon. Alskxt Oij.maw.
UJ. Congress.
Washington. D.C.:

We uiKe you use influeno* fto aeeun aa-
thorlsation Baker VaUey pvojoflt. Projeet
wlU not add to sxirplus cropa. WIU oott-
trlbxite much toward strengthening overall
eeoDomy. Benefits wlU extend water sup-
plies for Irrlgatton of forage and pasttne
crops to season-long baste utillaed by beef
cattle and sheep. WlU also control Iprlng
floods this area.

LxaoT C. Wxioht,
Secretary. Baker County

Uvaatook Aseooimtion,

Baxbi. Oaao., Febntery 12, 1990.
Hon. AunxT Uu.man.
Congressman. Second District. Oregon,
Washington, D.C:

Dear CoNoaxasMAK TTtxKAH: The Baker
County Retail Credit Association, a local or-
ganteitlon. represents 90 leading Baker mer-
chants. This group believes that the con-
struction of the Mason Dam on Powder River
in Baker County wlU be a great benefit to
the entire county and State, urges you to
use your best efforts to Introduce legislation
authorizing its construction in accordance
with Bureau of Beclamatlon reports,

BUSSZIX L. BXADKlf .

Secretary-Treasurer. Baker County
Retail Credit Association.

Baksx. Osao.. February 12, 1960.
Hon. Ajlbzrt TTixjcak,
House o/ Representatives,
Washington. D.C.:

I feel that the Mason Dam win benefit
Baker County and the State at large by
providing needed irrigation, drainage, and
fiood control. I fuUy recommend It.

BivasWALLxa.

, Osao.. February 12, 1960.
jjbn. Alsxst Ulucam,
Bouae Office Building. Washington. DC

DBAS CoMGXcssMAH Ullmak: Ws hope you
will be able to seciue passage of the bUl to
buUd the Mison Dam. Kothlng could hap-
pen in Baker County that would add as
much to the economy of the farmers under
the project or to the county as a whole over
a long period of time as furnishing full sup-
ply of water to land within the district.

For many years past all water for irriga-
tion Is completely gone by JiUy 1. That
leaves 70 days of our best growing season
without any vrater. The flood control fea-
ture of this project will be of great benefit,
not only to the lands under the Baker Val-
ley Irrigation District but land under the
Thief Valley project. Two to three years out
of every five, flood waters stand on large
portions of the farmlands I to 3 feet deep
and from 1 to S weeks at a ttane. dotoy
thonsands of doUars damage to crops. ThB
water ooveri«e kills all clovers and other
good grasses, and only leaves the tour-vrater
grasses which are very low in protein.

As you know o\ir project Is not one that
will grow sxirplus crops. Practically all farm
income In the vaUey comes from livestock,
hay, and pasture. There are not to Mteeed
800 to 400 acres of wheat grown on the proj-
ect. That Is grown on a roCatkm plan and
would only be In wheat every fourth or
fifth year.

The projeet will not face problems eacp«rl-
Miced by aoany new projects vrtksre tbey ss«

%

1

nnsMt to flnuMO tiMmsstves until they get
stM'ted. These landowners have their buUd-
tnSi ^»^ livestock and are going oonoems.

Tou mxist have had several letters by this
ttes from various groups in Baker and Baker
Oofonty favoring tbe project, as some 30 dlf-
farent gro\q;M and organizations have volun-
tscrnil their desire to go along with the
building of the dam.

Praetloally all groups we partteipatlng. in-
eludiag banks, merchants aasoclstinns, civic
clubs, county court, in fact everyone U tak-
ing an active part in tbe project.

The Baker Production Credit Association
Kf^ fumlshsd funds to 90 percent of the land
owners under tbe project for their annual
operation expenses for tbe past twenty five
yean. They have always liquidated their ob-
ligations. Not one of tbem has defaulted.
They are deserving people and are entitled
to stored water from Maacm Dam.

We hope you will be able to get an appro-
priation as well as approval of the fvoject.

nianklng you for your assistance in the
■fttter we are.

BesiMctfuUy yours,

F. A.PWDLUPS,

FresidefU. Baker Production Credit
4Meoeiation.

Bakb. Obm.. February 11, I960.

BOn. AiMBLT O. UlAMAW,

Congressmen, Sacond District, Oregon,
Washington, DJC.

DBAS CowanssaBCAM JJuluam: The Baker
Uons Club believing that the construction
of the Mason Diun on Powder River in Baker
County win be ot great benefit to the entire
county and State, vu^es you to use your best
efforts to introd^jce legislation authorizing its
oonstruction in aocordanoe with Bureau of
Beolamation reports.
,, Very trulj' yours.

j^ , Osoaox S. Coox.

%i:u^ Secretary. Baker Lions Club.

CAuroamA-PAcinc Vrxuxaa Co.,
* Baker. Oreg., February It, 1960.

Bon. AI.BXRT C. UU.MAJf,

Hoiue q/ Representatives,
Washington. D.C.

DsAR Al: We have been Informed by Mr.
F. A. Phillips, chairman of the irrigation
oommittee for tlie Baker County Chamber of
Commerce, that the propoaed Mason Dam has
been approved by the Bureau of Reclamation
at Boise and Denver and Is now before the
Commlsaloner of Reclamation at Washing-
ton. D.C.

We urge that you do everything possible
to get the project approved this session of
Congress.

This Irrlgatloa project wlU not only be
beneficial to the farmers of Baker VaUey
but win ImiMOve the economy of our entire

Toon truly.

L. O, OaAT,
District Manager.

Bakks, Oaao., February 9, 1960.
Bon. AI.BKRT C. Ulucaw.
Congressman. Second District, Oregon,
Washington. D.C.

DXAR CoNcxzssiCAH UujfAw: The Baker
Rotary Club believing that the construction
of the Mason D(un on Powder River in Baker
County WlU be of great benefit to the entire
county and State, urges you to use your best
efforts to Introduce legislation authorizing
Its construction In accordance with Bureau
of Reclanxatlon reports.

OXORGX W. OWXLLXAM,

President, Baker Rotary Club.

Baxxx Oouwtt Cbajcbxr or Ooki

Baker, Oreg., February 9, 1960.
Bon. AuncBT O. T7uACAir.
Hocue Offtoe Building, Washington. DC

Dkax Comgxxssmam Uixjkam : It Is the un-
derstanding of the merchants committee of

cvn 8

the Baker County Chamber of Commerce

that legislation Is being considered in the
form of a bill which you will introduce into
the House, authorizing construction of the
Mason Dam In Baker County.

We know of no one projeet which would
do more fc«' the city and county of Baker
than this dam.

We understand this project, according to
bUl being drafted by you and the Bureau of
Reclamation, would receive power revenue
from either McNary or John Day Dam, wtiich
would make it feasible from the stcuKlpoint
of payment by the farmers coming under the
project.

We urge your continued effort In the pas-
sage of this bill, and that you work toward
an appropriation for the building of Mason
Dam.

Very truly yours,

RiCHABD KiKBT,

Chairman, Retail Merchants Committee.

Bakxb. Oaaa.. Febrvonr 8. 1990.
Bon. Al XJvluam.

Mepraaentatine, Second Congressional Dis-
trust. Oregon. Washington. DC
DxAa CowoaassMAW Uixicaw: We have
been advised that your oOtoe Is drafting a
biU for the authorUtion of the Baker Valley
project. We are delighted to hear that this
legislation has a chance of being considered
by the present Congress and wish to advise
that if you need any assistance from this
board in furnishing information or other
help, please advise us.

Very truly yovirs.
Bakxs Vaujct Irrxoatzom Dbstxict.
CoMXAD Aixaw.
Cltds Wabd.
CHAa. M. CAXTOir.

Bakxr KrwANXsCLua.
Pacific Noxthwxst, Dxvxbiom No. 17,

Baker, Oreg., February 8, 1960.

Hon. AL.BB8T C. UU.MAK.

Congressman, Second DistriQf, Oregon,
Washington. D.C.

Dbax OoHcaxssiLAii Ullman: The Baker
Kiwanls Club by vote of Its directors believes
that the construction of the Mason Dam on
the Powder River in Baker County wiU be
of great benefit to the entire county and
State, an*< urges you to use your best efforts
to Introduce legislation authorizing ita con-
struction in aocordanoe irlth Bureau of Rec-
lamation reports.

Tours very truly,

IjTX^ It. Baaa. President.

KKATmo, OxxQ., February 6, 1960.
Bepreeentatlve Ax. Ulucajt,
Bouse of Representatives,
Washington, D.C.

DaAX Al: Tbe Lower Powder Irrigation Dis-
trict would like to go on record as heartUy
favoring the Mason Dam and Baker Valley
project.

As you already know, we suffer a great deal
of fiood damage in lower Powder every spring.
The submerging of our meadovre for so pro-
longed a period has killed out the cloven
and more palatable grasses untU many of
tbe meadows are of doubtful value either for
hay or pastiire. The main canals are often
tnoken or flUed. As the flood eblM the fields
are Uttered with debris and tmwanted sUt.
AU of this plus erosian adds to a large sum
over a period of years. There Is no questian
that the Mason Dam would be of great hdp
In controlling this damage.

With Baker VaUey Irrigated, w«! would also
derive benefit from tbelr waste waters, tap-
plemental water in late summar for our pres-
ent stormgs system.
Slnosrely.

JaaataaWtoaa.
President hovjer Powder Irrigation District.

, February B. 1090.
Hon. Albxrt C. Ullmaw.
Congressman. Second District, Oregon.
Washington, D.C.

DxAx Oowoxxssmam Vumsm: The county
eoort of Baker County believes that the eon-
stmctton of the Mastm Dam on Powder Bl w
In Baker County will be beneficial to cur
economy. Ttils wiU bring a greater produc-
tion to some UXKM acres, thereby increasing
the tax basis of ouz county. We, therefore,
urge you to Introduce legislation to author-
ize the oonstruction of the Mason Dam.
Sincerely, __

Bakes Oooarrr Oaoar or «Bx

BxATX or Oaasosr.
Ijjoxo Baa. -^

County Judga.
B. M. Phxpps.

County Commisaiontr.
QXLL C. Wauirr,
3I» \2^ County Commisekmer.

mj^

PANAMA FLAG OVER CANAL ZONB

RAISES CXJNSnrunONAL QUES-
TION

The SPEAKER. Under the prevkNM
order of the House the genUeman from
Pennsylvania iMx. Flood] Is recognized
for 30 miiMites.

Mr. FLO<^>. Mr. Speaker. I ask
unanimous ccmsent to revise and extend
my remarks and Include eKtraneous
matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Pennsylvania?

There was no objection.

Mr. FLOOD. Mr. Speaker, when ad-
dressing this body on August 31. IMO.
about the San io&k Conference of Amer-
ican Stotes, which had been attended by
Secretary of State Henier and Foreign
Minister Moreno, of Panama. I
the following view:

That the minute this Ccmpess
Bine die there wiU be an Executive
issued by the President of the United Statce
upon the reconmiendatlon of the Secretary
of State to permit the Republic of Panama
to fly Ite flag • • • over the Panama Canal
Zone.

On two previous occasions. June 25 and
28, I had made this same prediction.

Were these prophecies fulfilled? It is
Indeed a barren satisfaction to state that
they were and under circumstances that
are incredible, and with which you no
doubt are familiar. Nevertheless, the
facts bear repetition.

On September 17. 1960. a day ofQcially
designated as Constitution Day, the
President, on advice of the Depeu-tment
of State and against the mandates of the
Congress, signed an Executive order au-
thorizing the formal display of the Pan-
ama flag at one place in the Canal Zone
as visual evidence of Panamanian titular
sovereignty over the zone.

The people of the United States were
truly shocked at this symbolic surrender
of our position of exclusive sovereignty
over the constitutionally acquired terri-
tory of the Canal Zone. Not only that,
hundreds of our citizens from various
parts of the Nation and abroad have
written strongly wonied criticisms of the
flag-raising order to the President, tbe
Secretary of State, and to Memben «f
the Congress, both House and SoMit^
Moreover, many of the writers have
me ct^ies of their letters.

I

114

CONGRESSIONAL RECORD — HOUSE

January ^

1961

CONGRESSIONAL RECORD — HOUSB

115

4fl

As any competent student of the sub-
ject could foresee, this Ill-advised sva-
render to mob-dictated demands in
Panama has not had the desired effect
of ending antl-UB. agitations in Panama
or elsewhere, but rather just the oww-

alte.

m Panama. It has been taken as a
complete reversal of the U5. position on
the question of sovereignty and as formal
recognition of Panamanian basic sover-
eignty over the Canal Zone; also, as sup-
plying a lever for wringing additional
future c<Micesslons of major character
from the United States.

In other coimtries. it has made the
United States a diplomatic laughing
stock. It encouraged Premier Castro of
Cuba in his arrogant demands for pos-
aeaaion of our naval base at Guantanamo
and forced our Government to take pre-
cautionary defense measures.

These measures. Mr. Speaker, included
the planting of mine fields around the
naval base, Increase of its garrison, and
establishment of a strong Caribbean
naval patrol force.

When one ponders recent Caribbean
events in the perspective now possible
and in the light of clarifications made
to the Congress over a period of years,
it Is tnily tragic that our Government
failed to take a definite stand on the
Panama situation, which has been sim-
mering since 1956.

As it now stands, Mr. Speaker, the
precedent set on September 17. 1960, In
defiance of officially expressed views of
the Congress, raises constitutional issues
of the gravest importance for the future
conduct of our foreign policy and the
rights of our people to govern themselves
without dictatorship.

In addition, the President's action on
September 17 brings up the question of
the identity of the influences that led
h<ni to sign the flag -raising order against
the wishes of the Congress and view of
Important elements in the Defense and
other executive departments.

So far the persons responsible have
not been determined but a start has been
made on this task in the form of an in-
quiry by the Committee on Government
Operations into subversive activity in
the State Department. This inquiry, Mr.
Speaker, should be pressed with vigor
until the situation in that Department
is fulJbf clarifled, the influences identi-
fied, and corrective actions taken.

In this connection, let me now repeat
what I have so often said on this floor:
that the exclusive sovereignty over the
Canal Zone conferred by treaty on the
United States was in nowise a coercive
action but was deemed and found to be
absolutely necessary for the construction,
maintenance, and operation of the canal
by the United States. What has been
true for more than half a century of
canal history must likewise prove true
so long as the United States continues
to exercise the responsibility of main-
taining, operating, and protecting the
canal. A divided or dUuted sovereignty
would bring utter confusion and chaos.
This may be the goal sought by com-
munistic Influences but can never be the
desire or p\ui>ose of the free nations of
the world.

Beeause of their bearing on the sit-
uation, three of my press releases, Sep-
tember 21. October 5. and December 3.
1960, are quoted as parts of my remarks:

BBPTKMBn 21. I960.
CongressmftD Dawisl J. Fuxjd, Democrat,
of Pennsj'lvanla. commenting on President
Elsenbower'a order authorizing the flying of
the Panamanian flag In the Panama Canal
Zone, made the following eUtement In Wash-
ington today :

"The volimtary and unilateral action of
President Klaenhower on September 17. 1960,
on the eve of Premier KhruahcheVa arrival.
In ordering the flag of Panama to be flown
with the flag of the United States in the
Canal Zont U a disregard of the limits of
the President's power under our law and of
the rights of our people to govern themselves
without dictatorship. The chairman of the
Senate Republican policy committee. Sena-
tor Sttlis BRmoKS. as quoted from his home
In New Hampshire, was surprised and deeply
shocked and saw 'absolutely no valid rea-
son for the flag-flying order.'

"It U a cowardly yielding on the part of
the Executive to the pressure of mob rtile In
Panama comparable to hoisting the Soviet
flag on U.8. territory. The lU-advlsed step,
taken with the hope of placating Pana-
manian radicals, can only Incite them to In-
crease their demands. Purthermore. It 1* a
contemptuous defiance of the Congress and
a flagrant Ignoring of the advice of the ex-
ecutive departments most directly concerned
with the heavy responsibilities of maintain-
ing, operating, and protecting the Panama
Canal, the lifeline of our country.

"The Congress has been long aware of the
fact that subversive Influences are In con-
trol of Important areas In our Department of
State. It Is the gradual growth and spread
of this subversive Influence that has alarmed
the Congress.

"The Oommunlst-lnsplred demand that
the Panama flag be flown In the Canal Zone
was designed to appeal to emotional nation-
alism of Panamanian radicals. It has had
that effect.

"Associated Press dispatches from Havana,
dated September 20. 1960, make It clear that
Acting Prime Minister of Cuba. Raul Castro,
notorious Communist brother of Prime Uln-
Ister Pldel Castro, who Is now at the United
Nations In New York with other Red leaders,
declared: 'It Is within our possibilities In
a determined moment to reclaim that pleoe
of our national territory, the UJ3. naval base
at Guantanamo Bay In eastern Cuba.' This
U the first effect of the chain reaction set
in motion with the President's authoriza-
tion on Panamanian sovereignty In the
Canal SSone.

"Now we have here the case of one man
without the power of any authority taking
an action which Is In betrayal of the vital
interests of our Nation in defiance ot the
expressed wUl of the people. Thus, we have
one more example of the spread of the power
of these subversive Influences.

"It is especially to be noted that the Con-
gress. In the exercise of Its constitutional
powers, in the Oross amendment, provided
that no part of the Department of Com-
merce appropriations should be \ised for the
formal display of the Panama flag in the
Canal Zone.

"In addition, the House of Representatives,
on February 2, 1000, in House Concurrent
Resolution 4B9 passed by the overwhelming
vote of 381 to 12, took the staiul that acced-
ing to Panamanian demands for display of
the Panama flag in the Zone would be a
'major departure from established poUcy'
and 'should not be acootnpllahed throxigh
Executive flat' but 'only pursuant to treaty.'
(See H. Rept. 2218. 80th Cong.. Aug. 31, 1900.)
"The use. occupation, and control of the
Canal Zone was granted by Panama in the

1903 Hay-Bvnau-Varllla Oanal Conwntion
to the United States In perpetuity' in order
to induce the United States to construct the
Panama Canal and to undertake lU per-
petxial maintenance, operation, and protec-
tion. As a further inducement, the 19W
Convention granted all the rights, power,
and authority within the aone which the
United States would possess and exercise as
If It were sovereign. Moreover, this Con-
vention, by specifio terms, provided for the
entire exclusion of the exercise by the Re-
public of Panama of any such sovereign
rights, power or authority.

"It Is inconsistent with the sovereign pow*
ers of any nation to ny the flag of aiu>th«r
nation under duress or pressure. The ex-
tortionate demands upon the United Btalee
do not come from the fine citioens of Pan-
ama who are noted for their high sense of
honor and restraint to dealing with the
rights of others, but has been fanned by well-
trained agents of International Communist
influences as part of a general oomiptlng
program to tear down the moral fiber of all
free nations.

"In this connection, we should recognize
that an Inexcusable policy of compromise
and placatlon has made our Canal Zone the
tlnderbox of the Caribbean. We are dealing
with a 8ovlet-organl«ed plan for conquest of
the Caribbean, which has the Panama Canal
as its key objective. Such conquest by the
Soviets would be but a prelude to their In-
tended conquest of the United States.

"The situation presented by the Presidents
order, which, in effect. wUl aid and abet these
subversive Influences toward their prime tar-
get, represents a challenge to the sovereign
people of the United States and their Con-
gress that must be met if our Nation Is to
remain Independent and Its people are to
remain free.

"The President's ordsr has lifted the lid to
a Pandora's box. After having acceded to
mob rule demands In 19S9 and 1960. what
answer shall we give to further demands for
concessions not supported by treaty? Also
o\ir failure to stand up now for o\u undi-
luted sovereignty in the Canal Zone when
the issue Is clear cut, opens the door to the
final loss of the Panama Canal through the
machinations of these international forces.
"As an example, the following U a quota-
tion as translated from the front page of the
Panamanian newspaper. La Hora, of Septem-
ber 12,1900:

" 'We will not rest in our struggle toward
our sovereignty over the Canal Zone, that
is a fact, real and unqxiestlonable, and it shaU
be full and effective In aU of its multiple as-
pects such as the fiscal, the Juridical, the
political, and the economic, and at the same
time we demand that our flag shall fly in
the Canal 2Sone as a Juridical symbol of that
sovereignty, ard that the Republic be recog-
nised as participating equally and Justly in
the profits of the canal, one who has all of
the right as one of the two nations who made
Its construction possible.'

"Certainly, the timing of the President's
order Inunedlately prior to the arrival In this
country of prominent Communist leaders for
conferences has a significance that Is most
impressive as emphasizing a surrender of
national pride and a Jesture of yielding to
dedicated enemies of our system of govern-
ment.

"This feverish surrender by Ifr. Elsenhower
bodes Ul for the administration's standing up
for America in the face of Khrushchev and
the other heads of Cbmmunlst governments
In the coming weeks. The congressional in-
quiries Into subversive activities In the De-
partment of State, which are now \uider way.
should be pressed with Increased vigor to tta*
end that these influences may be identified
and corrective actions taken by the Congress
to repudiate the President's ill-advlaed action
of surrender. I appeal to the people of th»

XTnlted States to malet thebr views on this
crucial issue known to thslr Senators and
Representattves."

OcrOBxaS. IMO.

Congi«ssman DaitnL J. Plooo. Democrat.
ot Pennsylvania, said today that the recent
addi esses by Sovlsft Premier Khrushchev and
Cuban Prime Mlnlstsr Fidel Castro before the
United Hatlons General Assembly "sre power-
ful appeals for world revolution, tending to
obscure the oruolal situation to ths Carib-
bean."

Flooo stated tt»at the program for Com-
munist conquest of that strategic portion <rf
the Western Hemisphere, with the Panama
Oanal as lu key target. "U well advanced.'

"Cuba is a Soviet Batalllte. Venezuela a
beachhead for tubversion. and the Panama
flag Is flying in ths Canal Zone with agita-
tions already started In Panama for addi-
tional concessions," Flood onphaslzed.

"It is todeed strange that the President of
the United States, when authorlctog dispUy
of the Panama flag over the Zone, chose
Constitution Day (September 17, 1900) as
the occasion for issuing his unconstitutional
flag display order, counter to mandates of
the Congress," Plxkm) pointed out.

"Since that il! -advised action by the Presi-
dent, the situation In the Caribbean has con-
ttoued to deteriorate with a submartoe base
under ooostrucOon at Oayo Largo to Cuba,
and Soviet fchntcians and organizers ar-
rivtog to alarming numbers in the Republic
of BalU, Just as they did to Cuba prior to
^ the Communist tak«over of that Island
coxmtry.

"As stated by BM to the House of Repre-
sentatives on August 26. 1960. Soviet China
and the Kremlin have already selected and
Indoctrinated their canrtUlates for supreme
power to Haiti and the adjoining Domini-
can RepubUc. The last, which is strongly
anti-Communist, is now under political at-
tack by leftut Latto-Amsrlcan governments
and ths Unlt«d SUtss. creating a far more
ssrlous dilemma.

"The grave questions facing Haiti and the
Domtolcan RepubUc will be solved through
the aid of friendly representative govern-
ments or we (.ban have two more Castros
Installed and t-«o new staging cureas for sub-
version and an all-out assault on the Panama
Canal.

"Ths totern£.tlonal conspiratorial plan Is
clear: It Is encirclement of the Caribbean
by pro-Communist goveriunents as a prelude
to the totended conqtiest of the United
SUtea.

"Whne the people of the United SUtes
must not relax to respect to the grave situa-
tion of the Congo they should also focus
on matters closer at home to the Caribbean.
I ai^>eal to our people to make known their
views on Caribbean and Isthmian questions
to the strongest possible terms to their Sen-
ators and Representatives to the Congress
and to the President.**

Dbckkbsb 8, 1900.

Congressman Danikl J. Flood (Democrat,
of Pennsylvania), a member of the Depart-
ment of Defense Subcomm^lttce of the House
C(HXunlttee on Appropriations and one of the
Nation's leading authorities on Caribbean
policy questions, warned today that unless
this country takes drastic coimtennesusures
to stem the Communlst-lcd drive by Castro's
Cuba in Central and South America, the
XTnited States "may find the Bed-dominated
areas extended to the borders of the Panama
Canal." the vital waterway which the United
States operates and controls, under treaty. In
perpetuity.

Flood Is considered toy his colleagues to be
the foremost congressional defender of this
Nation's sovereign position to the Canal Zone,
and has rq?estedly sounded the warning that
our position at Panama Is becomtog steadUy
and toereaslngly weakened because, he has

sakU **we have not stood finn and have oon-
ttouously mads eonmtnstoBs to ttM radloal
elements to Panaaw wbioh we shoold net
have mads."

FuMO's formal statmtent on the orisU to
the Caribbean follows :

"Tbe action of the Navy Department, on
orders of the President, to establishing a
Caribbean patrol force has attracted natl<»ial
attention to what has become a fourth front
of the International Communist conspiracy
against the United States.

"It is fortunate for aU nations of the West-
em Hemisphere that Presidents Ydlgoras of
Guatemala. Somosa of Nicaragua, and COilarl
of Panama, are keenly aware of the perils of
the Conomunlst beachhead to Cuba and are
courageous defenders of their coiintrles
against Bolshevist invasions.

"President Somoza has recently warned
that the United States should take heed of
the Red threat to Central America if our
Government does not wish to find the borders
of Commvmlst -dominated areas extended to
the banks of the Panama Canal.

"Current revolutionary operations to Gua-
temala and Nicaragua, hatched in Fidel
Castro's Cuba on orders from Moscow to
subvert Central American governments, are
the first phase to a program for isthmian
conquest.

"The final objectives of this program are
twofold: (1) A large-scale Communist to-
vaslon of Panamanian territory from Costa
Rica and, (2) provocation of totervention
in Panama by UJ8. forces now protecttog the
Panama Canal.

"All of these developments are toevitable
consequences of the President's opening a
Pandora's box of diplomatic difficulties when,
on September 17. 1960. under pressxire of
communistic-inspired demands of radicals
to Panama, and to a contemptuous defiance
of mandates of the Congress, he directed the
formal raising of the Panama flag over our
constitutionally acquired Canal Zone terri-
tory.

"Tills notortotB action In strlktog the flag
of the United States, taken on advice of the
State Department, has aided and abetted the
subversive forces behind the current pro-
gram for Caribbean conquest. In this, the
Panama Canal has long been the prime target
of Bolshevist attack.

-The difficulties in the Caribbean, now
erupting violently to Venezuela, are follow-
ing the well-established pattern of Castro-
BCremlto totervention in Latin-American af-
fairs. Because of this they raise serious
questions as to the identity and extent of
the subversive Influences to the State De-
partment responsible for the long-conttoued
failures to our Caribbean policies.

"The mounting gravity of the situation,
which has already required thci strengthen-
ing of our defenses at Guantanamo Bay and
other measures, demands that our people
should be fully alerted to the possibility of
dramatic events. We should remember the
Uaine. sunk to Havana Harbor by external
explosion obviously to an effort to tovolve
the United States In a war wltli Spato, and
take forthright countermeasure-j.

"I appeal to our people to write their
views on Caribbean and isthmian questions
to the strongest possible terms to their Sen-
ators and Representatives, urgtog full to-
qulry toto the subversive Influences to our
Government that miist be held accountable
for the deplorable situation that now exists."

SPECIAL ORDERS GRANTED

By tmanimous consent, permission to
address the House, following the legisla-
tive program and any special orders
heretofore entered, was granted to:

Mr. Bailey, for 20 minutes, on M<m-
day, next.

Mr. nujgaK, to mAdrtm the House for
10 mlnotea, today, and to Inehide ex-
traneous matter and to revise wad extend
his remarks.

Mr. Flood (at the request of l€r. Mc-
CosMACK), to address the House for SO
minutes, and to revise and extend his
remarks and include therein extraneous
matter.

EXTE3fSION OP REMARKS

By unanlmoos consent, pwiniigian to
extend remarks !n the CoiiatasioirsL

Record, or to revise and extend remarks,
was granted to:

Mr. Wkavkb.

Mr. TBaonx of Texas.

Mr. O'Hara of Illinois and to include
extraneous matter.

Mr. Dent.

At the request of Mr. McCokmack, the
following Members were granted permis-
sion to revise and extend their remarks
in the Recohd and to Include extrane-
ous matter:

Mr. ECbogh.

Mr. AMF080.
Mr. OXLBKBT.

Mr. Cnxn.

(At the request of Mr. Wtlsxw, and to
Include extraneous matter the follow-
ing:)

Mr. BIeith.

r

r

ADJOURNMENT

Mr. McCORMACK. Mr. Speaker, I
move ttiat the House do now adJaonL

The motion was agreed to.

Accordingly (at 12 o'clock and S2 min-
utes pjxL) the House, pursuant to Its
previous order, adjourned imtil Friday,
January 6, 1961, at 12 o'clock noon.

EXECUTIVE COMMUNICATIONS.
ETC.

Under clause 2 of rule XXiV, executtrc
communications were taken from the
Speaker's tahle and referred as follows:

166. a letter from the Acting Director, Bu-
reau of the Budget, Kxecutlve Offloe of the
President, transmitting a rep<»t that the sp-
ixroporiation to the Department of Health,
Education, and Welfare for "Salaries and ex-
penses, Bureau of CMd Age and Survivors In-
surance," for the fiscal year 1961, had been
ai^xxtloued on a basis todira.tJng a need for
a supplemental estimate of apprc^>rlatlon,
pursuant to section 3679 of the Revised Stat-
utes, as amended; to the Committee on Ap-
proprlatioDs.

188. A letter from the Director, Bureau of
the Budget. Executive Office of the President,
transmitting a report that the appropriation
to the Treasury Department for "Salaries and
yyponawB, EHvi&lon of Disbursement." for the
fiscal year 1961. had been reapportioned Indi-
cating a need for a supplemental estimate of
appropriation for Increased pay costs, ptirsu-
ant to section 3679 of the Revised Statutes.
as amended (31 UJ3.C. 665) : to the Commit-
tee on Appn^irlatlons.

187. A letter from the Secretary of the
Army, tranamltttog a draft of proposed legis-
lation entitled "A blU to authorize the dis-
posal of the Government-owned long-lla«s
communication facilities to the State of
Alaska, and for other purposes": to the Com-
mtttse on Armed Services.

116

CONGRESSIONAL MCORD — HOUSE

January 4

1961

CONGRESSIONAL RECORD — HOUSE

117

ll

1 \

1.

188 A letter from the Secretary of the
Army. tran«mlttlng a draft of propoeed togla-
Utton entitled "A bill to amend section 1087
of title IC. United States Code, toauthorlM
payment of costs for certain VB. nationals
before foreign tlrbunals"; to the Committee
on Armed Services.

189 A letter from the Secretary of the
Arm", transmitting a draft of propoeed leg-
islation entitled "A bUl to provide for more
effective parUclpation in the Reserve com-
ponents of the Armed Forces, and for other
purpows": to the Committee on Armed
Services.

180 A letter from the Secretary of the
Army transmitting a draft of proposed legis-
lation entlUed "A bill to amend tlUe 10,
United States Code, to exempt certain con-
tracts with foreign contractors from the re-
quirement for an examinatlon-of -record* ,
cUuse": to the Committee on Armeo

191 A letter from the Deputy Director.
Legislative Ualson, Department of Air Force,
ttSiamlttlng the U.S. Air Force Flying Pay
Report for the 6-month period March 1
thrmigh August 31, I960, pursuant to Public
Law 301, 79th Congress; to the Committee
on Armed Services.

193 A letter from the President. Board of
Commissioners, District of Columbia, trans-
mitting a draft of proposed le«»«lf;tlo^ ff"
tltled "A bill to amend the act entitled An
act to authorlae the Commissioners of the
District of Columbia to remove dangerous
and unsafe buildings and parts thereof, an^
for other purposes.' approved March 1. 1TO9.
as amended"; to the Committee on the Dis-
trict of Columbia.

193 A letter from the President. Board of
Commissioners. District of Columbia, trans-
mitting a draft of propoeed legislation en-
tiUed "A bUl to amend the District of Co-
lumbia Traffic Act. 1926. as amended": to
tlie Committee on the District of Columbia.

194 A letter from the President, Board of
Commissioners. District of Columbia, trans-
mitting a draft of proposed legislation en-
Utied "A bill to authorize the Board of
Parole of the District of ColumbU to dis-
charge a parolee from supervision prior to
the expiration of the maximum term or
terms for which he was sentenced"; to the
Committee on the District of Colximbia.

196 A letter from the President, Board of
Commissioners. District of ColumbU. trans-
mitting a draft of proposed legislation en-
titled "A bill to amend the act entitied An
act to provide for the taking of a school cen-
sxis in the District of Columbia, and for other
purposes.' approved February 4, 19a»"; to the
Committee on the District of Columbia.

196 A letter from the President. Board of
Oommissloners. District of Columbia, trans-
mitting a draft of proposed legislation en-
titied "A bUl to amend the act relating to the
amall claims and conciliation branch of the
municipal court of the Dlstrtct of Colum-
bia, and for other purposes"; to the Commit-
tee on the District of Columbia.

197. A letter from the President, Board of
Commissioners. District of Columbia, trans-
mitting a draft of proposed legislation en-
titied "A bill to amend the act entitled 'An
act to create a Board for the Oondenmation
of Insanitary Buildings in the District of
Columbia, and for other purposes.' approved
May 1, 1906, as amended"; to the Committee
on the District of Colimibla.

198. A letter from the vice president, the
Chesapeake ft Potomac Telephone Co., trans-
mitting the annual report of the Chesapeake
A Potomac Telephone Co. for the year 1960;
to the Committee on the District of Coliun-
bia.

190. A letter from the Acting Secretary of
State, transmitting a draft of propoeed leg-
islation entitied "An act to authorise pay-
ment to the Ooverzunent of the Philippines";
to the Committee on Foreign Affairs.

200. A letter from the Deputy Coordinator
for Mutual Security. Department of StaU,
transmitting a report for the fiscal year 1960
on changes in the mutual security program
from the program presented for 'PP^^^ >«
the Congress, pursuant to section 613 of the
Mutual Security Act of 1964. as amended;
to the Committee on Foreign Affairs.

201 A letter from the Chairman. Outdoor
Recreation Resources Review Commission,
transmitting a draft of proposed legislation
entitled "A bill to extend the time in which
the Outdoor Recreation Resources Review
Commission shaU submit Its final report ;
to the Committee on Interior and Insular

Affairs. ^ , .. ^

202. A letter from the Secretary of the
Army transmitting a draft of proposed legis-
lation entitled "A bill to provide for the
withdrawal from the public domain of cer-
tain lands In the Granlt,? Creek area. Alaska.
for use by the Department of the Army at
Port Greeley. Alaska, and for other pur-
poses"; to the Committee on Interior and
Insular Affairs.

203 A letter from the Secretary of the
Army, transmitting a draft of proposed legis-
lation entitied "A bill to provide for the
withdrawal of certain public lands 40 miles
east of Fairbanks. Alaska, for use by the
Department of the Army as a Nike range";
to the Committee on Interior and Insular

Affairs. ^ ^.

204. A letter from the Secretary of the
Army, transmitting a draft of proposed legis-
lation entitled "A bill to amend the act of
March 24. 1948. which eatablUhes special
reqxilrements governing the selection of
superintendents of national cemeteries"; to
the Committee on Interior and Insular
Affairs. ^ ^.

206. A letter from the Secretary of the
Army, transmitting a draft of proposed leg-
islation entitied "A bill to provide for the
withdrawal from the public domain of cer-
tain lands In the Big Delta area. Alaska, for
continued use by the Department of the
Army at Ftort Greely. and for other pur-
poses"; to the Committee on Interior and
Insular Affairs. ^ ^^

206. A letter from the Secretary of the
Army, transmitting a draft of proposed leg-
islation entitled "A bUl to reserve for use
by the Department of the Army at Fort
Richardson. Alaska, certain pubUc lands in
the Campbell Creek area, and for other pur-
poses": to the Conunltte on Interior and In-
sular Affairs.

207. A letter from the Secretary of the
Army, transmitting a draft of proposed leg-
islation entitled "A bill to provide for the
withdrawal from the public domain of cer-
tain lands in the Ledd-Elelson area. Alaska,
for use by the Department of the Army as
the Yukon Command training site. Alaska,
and for other purposes": to the Committee
on Interior and InsxUar Affairs.

208. A letter from the Secretary of the Air
Force, transmitting a draft of proposed leg-
islation entitled "A bill to provide for the
restriction of certain areas In the Outer Con-
tinental Shelf for defense purposes, and for
other purposes (Matagorda Water Range)";
to the Committee on Interior and Insular

Affairs.

200. A letter from the Secretary of the Air
Force, transmitting a draft of propoeed leg-
islation entitled "A bill to provide for the
withdrawal and reservation for the Depart-
ments of the Air Force and the Navy of cer-
tain public lands of the United States at
Luke-Williams Air Force Range, Yuma, Ari«..
for defense purposes"; to the Committee on
Interior and Insular Affairs.

210. A letter from the Chairman. Securi-
ties and exchange Commission, transmitting
the Commission's 26th annual report to the
Congress: to the Committee on Interstate
and Foreign Commerce.

211. A letter from the Secretary of Com-
merce, transmitting an Interim report, pur-

suant to the provisions of PubUc I*w 887,
80th congress; to the Committee on Inter-
state and Foreign Commerce.

212 A letter from the Chairman, Civil
Aeronautics Board, transmitting a draft at
propoeed legislation entitied "A WU to amend
the PWeral Aviation Act of 1968 so as to
authorize the Civil Aeronautics Board to reg-
ulate the depreciation accounting of air car-
riers"; to the Committee on Interstate antt
Foreign Commerce.

213 A letter from the Secretary of Com-
merce, transmitting a report entitled "Maxi-
mum Desirable Dimensions and WelghU of
Vehicles Operated on the Federal-Aid Sys-
tems." pursuant to the Federal-Aid Highway
Act of 1956. as amended by section 2 of the
act apiH-oved August 28. 1968; to the Com-
mittee on Public Works.

214 A letter from the AdmlnUtrator. a«i-
eral Services Administration, transmitting
copies of certlffcates of ascertaliunent. pur-
suant to section 6. title 3. United States
Code; to the Committee on Bo\ise Adminis-
tration.

PUBUC BILLS AND RESOLUTIONS

Under clause 4 of rule XXn. pubUc
bills and resolutions were Introduced
and severally referred as follows:
By Mr. BYRNE of PennsyJvanU:
HJt. 1728. A bill to amend the Joint reso-
lution providing for observance of the 176U»
anniversary of the Constitution; to tbe
Committee on the Judiciary.
By Mr. BLATNIK:
H Jl. 1724. A bill to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremployment In certain economically de-
pressed areas: to the Committee on Banklnc
and Currency.

By Mr. ASHLXT:
H.R. 1728. A bUl to establish a program
of scholarships for students in science and
education at institutions of higher educa-
tion, and for other purposes; to the Com-
mittee on Education and Labor.

HJl. 1726. A bill to amend the Fair Labor
Standards Act of 1938. as amended, to pro-
vide coverage for employees of large enter-
prises engaged In retail trade or service and
of other employers engaged In activities af-
fecting commerce, to Increase the minimum
wage under the act to $1.26 an hour, aad
for other purposes; to the CatnmlttM on
Education and Labor.

HJl. 1727. A bill to amend the National
Defense Education Act of 1968 In order to
repeal certain provisions reqxilrlng aOdavlts
of loyalty and allegiance; to the Committee
on Education and Labor.
By Mr. BAILEY:
HJl. 1728. A bill to prohibit the charging
of a fee to view telecasts In private homes;
to the CoQunlttee on Interstate and Foreign
Commerce.

By Mr. BATES:
HJl. 1729. A bill to designate a Veterans'
Administration hospital in Boston, Mass.. as
the Edith Nourse Rogers Memorial Veterans'
Hospital; to the Committee on Veterans' Af-
fairs.

HJl. 1730. A bill to amend the Intsnial
Revenue Code of 1964 to provide an exemp-
tion frc»n the admissions tax in the case of
events for the benettt of a society for the
prevention of cruelty to children; to the
Committee on Ways and Means.

HJl. 1731. A bill to amend section 6, titie
18, United States Code, with respect to trans-
portation of water-hyadntha and seeds; to
the Committee on the Judiciary.

HJl. 1732. A bill to amend the Internal
Revenue Code of 1964 to provide that an in-
dividual may deduct amounts paid for his
higher education, or for the higher educa-
tion of any of his dependents; to the Com-
mittee on Ways and Means.

'I

HJl. 1733. A bill to authorise adjustmente
in accounts of outstanding old series cur-
rency, and for other purposes; to the Com-
mittee on Banking and Currency.

HJl. 1784. A bill to validate certain pay-
ments In setUement of unused accrued
leave heretofore or hereafter made to cer-
tain members of the Army and the Air
Force, and for other purposes; to the Com-
mittee on Armed Services.

HJl. 1736. A bill to provide a method for
regulating and fixing wage rates for em-
ployees of Portsmouth, NJl., Naval Ship-
yard; to the Committee on Armed Services.
HJl. 1736. A bJU to extend further the
periods during wlilch elections may be made
under the Uniformed Services Contingency
Option Act of 1963 by active members of a
uniformed service; to the Committee on
Armed Services.

H.R. 1737. A bill to amend section 302 of
the Soldiers and Sailors Civil Relief Act of
1940 with respect to the method of fore-
closure of mortgages, azul for other purposes;
to the Committee on Veterans' Affairs.
By Mr. BOW:
HJl. 1788. A bUl to create a body corpo-
rate known as Daughters of Union Veterans
of the ClvU War; to the Committee on the
Judiciary.

HJl. 1739. A bill to amend the Railroad
Retirement Act of 1937 to provide that cer-
tain Individuals entitled to an annuity
thereunder shall receive an Increased an-
nuity If they have a child in care; to the
Committee on Interstate and Foreign Com-
merce.

HJl. 1740. A bill to strengthen Stote gov-
ernments, to provide financial assistance to
SUtes for educational purposes by returning
a portion of the Federal taxes collected
therein, and for other purposes; to the Com-
mittee on Education and Labor.
By Mr. BREEDING:
HJl. 1741. A bill to designate the Tuttle
Crrek Reservoir. Kans.. as the Wlllard J.
Breldenthal Reservoir; to the Committee on
Public Works.

By Mr. CELLER:
H.R. 1742. A biU to amend the Bank-
ruptcy Act to authorize courts of bank-
ruptcy to determine the dischargeability or
nondlschargeabllity of provable debts; to the
Committee on the Judiciary.

HJl. 1743. A bill providing for the design
of the flag <a the United States; to the Com-
mittee on the Judiciary.

HJl. 1744. A bill to establish an effective
program to alleviate conditions of excessive
uncoaployment in certain economically de-
pressed areas; to the Committee on Ways
and Means.

HJl. 1746. A bUl to control the future ex-
pcmsion of bank holding companies: to the
Committee on Banking and Currency.

HJl. 1746. A bill to authorize the estab-
lishing by the Surgeon General of an after-
care, posthospital treatment ixogram for
drug addiction: to the Committee on Inter-
state and FcM-elgn Commerce.

HJl. 1747. A bill to amend the Elklns Act,
as amended, to prohibit expressly rebates to
oil pipeline shipper-owners by the payment
of dividends; to the Committee on Interstate
and Foreign Conunerce.

HJl. 1748. A bill to amend the Communi-
cations Act of 1934. to strengthen the effec-
tlvenees <rf the Federal Communications
Commission in assuring that broadcast li-
censees, filing renewal api^lcations. continue
to operate In accordance with the puUlc In-
terest; to the OoRunlttee on Interstate and
Foreign Commerce.

HJl. 1749. A bill to amend the Pair Labor
Standards Act of 1938 so as to Increase the
minimum bourly Wage from $1 to 81-26; to
the Committee on Education and Labor.
By Mr. CHELF:
HJl. 1760. A bUl to increase from $600 to
$600 the Income tax exemption allowed each
taq>aycr, each dependent, and $1,200 for a

dependent child (until said dependent
reaches 24 years of age) while attending any
accredited business school, college, or xmlver-
slty; to the Committee on Ways and Means.
By Mr. CLARK:
HJl. 1761. A bUl to amend the National
Housing Act to assist in jx'ovldlng rental
housing specially tailored to the needs of eld-
erly persons under a program which is sep-
arate and distinct from the regular rental
housing program contained In section 207 d
that act; to the Committee on Banking and
Currency.

H.R. 1752. A bill to amend the Federal Coal
Mine Safety Act so as to provide further for
the prevention of accidents in coal mines;
to the Committee on Education and Labor.
By Mr. CHENOWETH: 4

HJl. 1763. A bUl to amend the National
Labor Relations Act with respect to collec-
tive-bargaining contracts which have been
In existence for a continuous period of 25
years or more; to th«! Committee on Educa-
tion and Labor.

By Mr. CURTIN :
HJl. 1764. A bill to amend sections 1461.
1462. 1463. and 1465 of title 18 of the United
States Code to provide mandatory prison
sentences in certain cases for mailing, im-
porting, or transporting obscene material;
to the Committee on the Judiciary.

H.R. 1765. A bill to amend the act of Au-
gust 21. 1935, to provide for a determination
of whether certain sites, buildings, or other
objects are of national historical signifi-
cance, and to prohibit the use of Federal
funds for highway purposes which damage
or deetroy national historical sites, buildings,
or other objects; to the Committee on Inte-
rior and Insular Affairs.

HJl. 1756. A bin to provide that compen-
sation of an individual for services performed
wiiUe engaged in conunerce. or as an officer
or employee of ttut United States, stiall be
subject to State and local Income taxes only
In the State and political subdivision in
which stich indlvldvtal Is domiciled, and for
other purposes; to the Committee on Ways
and Means.

HJl. 1757. A bill to amend title II of the
Social Security Act to Increase the amount
of outside earnings permitted each year with-
out deductions from benefits thereunder; to
the Committee on Ways and Means.

HJl. 1768. A bill to equalise the pay of
retired membm of the uniformed services;
to the Committee on Armed Services.

HJl. 1769. A bill to provide a 1-year mora-
torlimi on FHA-lnrured and VA-guaranteed
mortagee, with the Federal Government as-
suming the required mortgage payments
(both principal and interest) for mortgagors
in economically depressed areas who are un-
employed and unable to make such payments
through no fault of their own. and for other
purposes: to the Committee on Banking and
Ctnrency.

HJl. 1760. A bill to amend section 744 of
title 38, United States Code, to provide that
where a veteran has paid In premiums an
amotmt equal to or greater than the face
value of a policy of U.8. Government life
Insurance, the policy of such Insurance shall
be paid up; to the Conunittee <mi Veterans'
Affairs.

By Mr. JAMES C. DAVIS :
H. R. 1761. A bin creating a Commission to
be known as the Commission on Noxious and
Obscene Matters and MateriaU; to the C«n-
mlttee on Education and Labor.
By Mr. DIKGEI1<:
HJl. 1762. A biU to establish a national
wilderness preservation system for the per-
manent good of the whole people, and for
other purposes; to the Committee on Interior
and Insular Affairs.

HJl. 1763. A blU to save and preserve, for
the public use and benefit, certain portions
of shoreline areas of the United States, and
for othw purposes: to the Committee on
Interior and Insular Affairs.

HJl. 1764. A bill to promote the conserva-
tion of migrat<»7 fish and game by requiring
certain approval by the Secretary of the In-
terior of licenses Issued under the Federal
Power Act; to the Committee on Interstate
and Forel^ Conunerce.
By Mr. DUL8KI:
HJl. 1766. A bUl to amend the Social Se-
curity Act and the Internal Revenue Code
so as to provide Insurance against the costs
of hospital, nursing home, and surgical serv-
ice for persons eligible for old-age and sur-
vivors Insvirance benefits, and for other pur-
poses; to the Committee on Ways and Means.
By Mr. EVERETT:
HJl. 1766. A bUl to ameiMl section 4107 of
title 38, United States Code, to provide for
paynaent of an additional allowance to cer-
tain physicians assigned to duty at Veter-
ans' Administration facilities where It Is diffi-
cult to recruit or retain physicians; to the
Committee on Veterans' Affairs.
By Mr. PERN68-ISERN:
H.R. 1767. A bill to extend and amend the
National Housing Act, as amended, to pro-
vide mortgage Insurance for lndlvld\aally
owned units In a multlfamlly structure, and
for other p\u-poses; to the Committee on
Banking and Currency.

H.R. 1768. A bill to convey certain prop-
erties to the Commonwealth of Puerto Rico;
to the Committee on Government Opera-
tions.

By Mr. HAGEN of California:
HJl. 1789. A bill to authorise the Secre-
tary of the Interior to construct, operate,
and maintain the Folsom south unit. Ameri-
can River division. Central Valley project.
In California; to the Committee on Interior
and Insxilar Affairs.

By Mr. HALEY:
H.R. 1770. A bill to amend the Budget and
Accounting Act, 1921. to provide for the re-
tirement of the p\ibllc debt by setting aside
the first 5 percent of the budget -ecelpts of
the United States for each fiscal year for
the sole purp>ose of retirement of obligations
counted as part of the public debt; to tiie
Committee on Government Operations.

HJl. 1771. A blU to provide for the desig-
nation of a highway from Tampa. Fla., to
Miami, Fla., as a part of the National Sys-
tem of Interstate and Defense Highways; to
the Committee on Public Worts.

HJl. 1772. A bill to provide for the con-
struction of a Veterans' Administration
hospital of 1,000 beds at Bay Pines, Fla.; to
the Committee on Veterans' Affairs.
ByMr.mESTAMD:
H.R. 1773. A biU to provide a program of
tax adjustment for small biislness and for
persons engaged In small business; to the
Committee on Ways and Means.
ByMr.HOLIFIXU):
HJl. 1774. A bill to amend section 812 of
the Immigration and Nationality Act ro as
to exempt certain additional persons from
the requirements relating to imderstanding
the English language; to the Committee on
the Judiciary.

HJl. 1775. A bUl to prohibit the discharge
of members of the Armed Forces under con-
ditions other than honorable except pursu-
ant to the sentence of a court-martial; to the
Committee on Armed Services.
By Mr. HOUJkMD:
HJl. 1776. A biU to provide for the gath-
ering, evaluation, and dissemination of in-
formation, and for the formulation of plans,
which will aid in the maintenance of a high
level of prosperity in the United States, and
for other purposes; to the Committee on Edu-
cation and Labor.

ByMr. HUU<:
HJl. 1777. A Wll to amend titie 18 of the
United States Code to iMX)hibit the counter-
feiting of State obligations in certain casts,
and for other purposes; to the Committee on
the Judiciary.

I

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1961

CONGRESSIONAL RECORD — HOUSE

119

HJl. 1778. A bin to provide that Federal
expenditures shall not eiceed Federal reve-
nues, except In time of war, national dis-
aster, emergency, or economic depression,
and to provide for the retirement of the
public debt; to the Committee on Ways and
Means.

HJB. 1779. A bill to amend the Internal
Revenue Code of 1954 to allow Income tax
deductions for certain payments to aaslst In
providing higher education; to the Com-
mittee on Ways and Means.

H Jl. 1780. A bUl to authorise the erection
of a memorial In the District of Colvunbla
to Oen. John J. Pershing; to the Committee
on House Administration.

HJl. 1781. A bill to provide for the stock-
piling, storage, and distribution of essential
foodstuffs and other essential Items for the
sustenance of the civilian population of the
United States, Its territories, possessions, and
the District of Columbia In the event of
enemy attack or other dlsastar; to the Com-
mittee on Armed Services.
By Mr. INOUYE :
HJt. 1782. A bill to adjust the retirement
iMneflts of certain retired district judges for
the district of Hawaii; to the Committee on
the Judiciary.

HJl. 1783. A bill to provide cost-of-ll-flng
allowances to Judicial employees stationed
outside the continental United States or In
Alaska and Hawaii; to the Conomittee on the
Judiciary.

H Jt. 1784. A bill to provide that the people
Of Ouam shall be represented by a Resident
Commissioner In the Hovise of Representa-
tives of the United States; to the Committee
on Interior and Insular Affairs.

HJl. 1786. A bill to reqiilre an act of Con-
gress for public land withdrawals In excess
of 6.000 acres In the aggregate for any project
or facility of any department or agency of the
Oovernment; to the Committee on Interior
and Insular Affairs.

HJL 1786. A bill to amend the Internal
Revenue Code of 1954 to provide credit
against income tax for an employer who em-
ploys older persons in his trade or business;
to the Committee on Ways and Means.

HJl. 1787. A bill to provide that the Secre-
tary of State shall investigate and report to
the Congress as to the feasibility of estab-
lishing a Pacific International House on
Sand Island, Hawaii; to the Committee on
foreign Affairs.

H.R. 1788. A bill to ameiul the Federal
Flood Insxiraace Act of 1966 to provide in-
surance against volcanic eruption damage;
to the Committee on Banking and Currency.
HJl. 1789. A bill to amend title n of the
Social Security Act so as to remove the lim-
itation upon the amount of outside income
which an Individual may earn while receiv-
ing benefits thereunder; to the Committee
on Ways and Means.

H.R. 1790. A bill to repeal certain provi-
sions of the Federal Employees Health Bene-
fits Act of 19B9 to eliminate the distinctions
In such act wltL respect to dependent and
nondependent husbands, and for other pur-
poaes; to the Committee on Post Qfflce and
Civil Service.

HJl. 1791. A bill to amend the Internal
Revenue Code of 1964 to allow a taxpayer
to deduct for Income tax purposes certain
special assessments and other charges made
against him or his property under local law
without regard to whether they tend to in-
crease the vaUue of such property; to the
Committee on Ways and Means.

H.B. 1792. A bill relating to the Income tax
treatment of cost-of-living allowances re-
ceived by certain caretakers and cltfks em-
ployed by the National Ouard outside the
continental United States, or in Hawaii; to
the Committee on Ways and Means.

HJl. 1793. A bill to provide that In deter-
mining the amount of retired pay, retire-
ment pay, or retainer pay payable to any en-
listed man. «U service shall be counted

which would have been counted for the same
purposes If he were a commlasloiied offl^er;
to the Committee on Armed Services.

H.R. 1794. A bill to provide for the con-
veyance of certain real property of the United
States situated In Hawaii and to the city and
county of Honolulu. Hawaii; to the Commit-
tee on Armed Services.

HJl. 1796. A bUl to authorize the appro-
priation of $200,000 for use toward the con-
struction of a V.3B. Ariaona Memorial; to
the Committee on Armed Services.

HJl. 1796. A bill to provide a method of
regulating and fixing wage rates for ungfrad-
ed employees In the State of Hawaii; to the
Ccnnmittee on Armed Services.

HJl. 1797. A bill to provide for a study and
investigation of the daslrablUty and feasi-
bility of establishing and maintaining a na-
tional tropical botanic garden; to the Com-
mittee on Agricultiire.

HJl. 1798. A bin to authorize the Secre-
tary of Agrlcultwe to make real estate
mortgage loans on leased lands in, Hawaii;
to the Committee on Agriculture.

HJl. 1799. A bin to amend the Bankhead-
Jones Farm Tenant Act, as amended, and
title V of the Housing Act of 1949, as amend-
ed, so as to authorise the Secretary of Agrl-
culturs to make financial assistance avaU-
able under such acts to persons holding
leasehold Interests In lands In the SUte of
HawaU and for other purposes; to the Ccnn-
mlttee on Agriculture.

H.R. 1800. A bill to amend the Agricultural
Act of 1949, as amended, in order to provide
a price-support program for coffee produced
in the State of Hawaii; to the Conmilttee on
Agric\ilt\ire.

H.R. 1801. A bUl to restore the slsa and
weight limitations on fourth-class matter
mailed to or from Alaska and Hawaii which
existed prior to their admission as States;
to the Committee on Post Oflloe and Civil
Sorvice.

HJl. 1802. A bUl to authorise the use of air
carriers to facUltate the expeditious trans-
portation of first-class maU to and (rem
Hawaii, and for other purp>oses; to the Com-
mittee on Post Office and ClvU Service.

HJl. 1803. A bin to provide a price support
program for coffee produced In the State ot
Hawaii based upon a moving 6-year average
of the prices received by the producers of
such coffee; to the Committee on Agriculture.
HJl. 1804. A bin to amend section 601 of
title 38. United States Code, to restore to cer-
tain veterans in Alaska or Hawaii the right
to receive hoq>ital care; to the Committee on
Veterans' Affairs.

ByMr. JKNNINQS:
HA. 1806. A bill to Increase from (600 to
$800 the personal Income tax exemptions of a
taxpayer (Including the exemption for a
spouse, the exemption for a dependent, and
the additional exemptions for old age and
blindness) ; 'tis the Committee on Ways and
Means.

ByMr. KEOOH:
HJl. 1806. A bill to amend the Internal
Revenue Code to permit corporations to qual-
ify as real estate Investment trusts; to the
Committee on Ways and Means.
By Mr. KOWAUSKI:
H.R. 1807. A bill to grant dvU service em-
ployees retirement after 30 years' service; to
the Committee on Poet Office and ClvU
Service.

By Mr. LAIRD:
HJl. 1808. A bin to provide a prc^am of
tax adjiistment for small business and for
persons engaged In smaU business; to the
Committee on Ways and Means.

HJl. 1809. A bin to provide financial assist-
ance to the States by returning to the States
a portion of the Federal income taxes col-
lected therein; to the Coonmlttee on Ways
and Means.

By Mr. LSNNOIT:
HJl. 1810. A bin to amend the Tariff Act of
1030 to provide for the establishment of
country-by-country quotas for the Importa-

tion of shrimps and shrimp products, to lm»
jxjse a duty on all unprocessed shrimp Im-
ported In excess of the i4)pllcable quoU, and
to Impose a d\ity on processed shrimp and
prohibit its importation In excess of the
applicable quota; to the Committee on Ways
and Means.

By Mr. LOSER:
HJl. 1811. A bin to amend chapter 35 of
title 38. United States Code, relating to war
orphans' educational assistance, In order to
permit eligible persons thereunder to at-
tend foreign educational Institutions imder
certain circumstances; to the Committee on
Veterans' Affairs.

By Mr. MARTIN of Massachusetts:
H.R. 1812. A bin to amend paragraph 1102
of the Tariff Act of 1930, as amended, with
respect to the duties on hair of the Cashmere
goat; to the Committee on Ways and Means.
ByMr. MICHEL:
HJl. 1813. A bin to amend section 507 o«
the Classification Act of 1949 so as to ex-
tend In certain cases the provisions of such
section which provide salary protection in
coses involving downgrading actions; to the
Committee on Post Office and ClvU Service.
HJl. 1814. A bin to require a study to be
conducted of the effect of increasing the
diversion of water from Lake Michigan Into
the Illinois Waterway for navigation, and
for other pxirposes; to the Committee on
Public Works.

HJl. 1815. A blU to amend the Tstsrana'
regulations to provide additional compensa-
tion for veterans having the service-Incurred
disability of deafness of both ears; to ths
Conomlttee on Veterans* Affairs.
ByUr.MOeS:
HJL 1816. A bin to autborlae the Secre-
tary of the Interior to eonstruct, operats.
and maintain the Folsom south unit, Amer-
ican River division. Central Valley project,
in California; to the Committee on Interior
and Ttt«iiiar Affairs.

By Mr. PATMAN:
HJL 1817. A bUl to amend tlis Federal
Trade Commission Act to provide for the
Issuance of temporary cease-and-desist
orders to prevent certain acts and practices
pending completion of Federal Ttade Com-
mission proceedings; to the Conunlttee on
Interstate and Foreign Commerce.
ByMr.PXU^T:
HA. 1818. A bin to provide additional com-
pensation for employees In the postal field
service required to qualify on scheoM ex-
aminations; to the Committee on Post Office
and OlvU Service.

HJl. 1819. A bUl to amend section 6 of the
act of August 24, 1912, as amended, with
respect to the recognition of organisations of
postal and Federal employees; to the Com-
mittee on Post Office and ClvU Service.

HJl. 1820. A bin to provide coverage under
the old-sge. survivors, and disability in-
surance system (subject to an election In the
ease of those currently serving) for aU officers
and employees of the United States and Its
InstnunentaUties; to the Committee on
Ways and Means.

By Mr. POAOX:
HJL 1821. A bin for the retirement of the
public debt; to the Committee on Appropria-
tions.

HIL 1822. A bin to adjust the amount of
funds available for farm operating loans
made pmsuant to section 21(b) of the Bank-
head- Jones Farm Tenant Act, as amended;
to the Committee on Agrlculturs.
By Mr.'ROSTENKOWSKI:
H.R. 1823. A bUl to amend the Interstote
Commerce Act, as amended, so as to extend
to the raUroads a conditional exemption
from economic regvilatlon comparable to that
provided for motor carriers engaged in the
transportation of ordinary livestock, fish, or
agrlcultxiral commodities; to the Committee
on Interstate and Foreign Commerce.

HJl. 1824. A bUl to provide for the eco-
nomic regulation of eertala motor vehicles

heretofore conditionally exempt therefrom
under the provisions of section 203(b) (6)
of the Interstate Commerce Act, as amended,
and for other purposes; to the Committee
on Interstate and Foreign Commerce.
By Mr. SCHADBBERO:

HJl. 1828. A blU to amend the Public
Health Service Act to protect the public from
unsanitary milk and milk products shipped
In interstate commerce, without unduly biir-
denlng such commwce; to the Committee on
Interstate and Foreign Commerce.
By Mr. SCHERER:

HJl. 1826. A bin creating a commission to
be known as the ConunLsslon on Noxious and
Obscene Matters and Materials; to the Com-
mittee on Education and LabOT.
ByMr. snJER:

HJl. 1827. A bin to amend the Internal
Revenue Code of 1964 to exempt a corpora-
tion from the corporate Income tax where Its
operations are carried on In an economically
depressed area and provide employment for
a specified minimum number of persons In
that area; to the Committee on Ways and
Means.

ByMr. 8ISK:

H.R. 1828. A bill to authorise the Secre-
tary of the Interior to construct. op«-ate.
and maintain the Folsom south unit, Ameri-
can River division, CenUal Valley project, in
California; to the Committee on Interior
and Insular Affairs.

ByMr.STAGOERS:

HJl. 1829. A bill to increase the personal
income tax exemptions (Including the ex-
emptions for dependents and the additional
exemptions for old age and blindness) to
$14)00 for 1959 and succeeding years; to the
Committee on Ways and Means.

HJl. 1830. A bUl to amend title n of the
Social Sectirlty Act to reduce fnxn 66 to 60
the age at which old-age and other monthly
Insurance benefits shaU be payable thereun-
der; to the Conunlttee on Ways and Means.

HJl. 1831. A bin to authorise and request
the President to undertake to mobilize at
some convenient place In the United States
an adequate number of outstanding experts,
and coordinate and utilize their services In
a supreme endeavor to discover means of
curing and preventing cancer: to the Coxa-
mlttee on Interstate and Fwelgn Commerce.
By Mr. STSBD:

HJl. 1832. A bin to provide a program of
tax adjustment for small biislness and for
persons engaged in small business; to the
Coomilttee on Ways sud Means.

HJl. 1833. A bin to amend the Federal
Trade Commission Act to strengthen Inde-
pendent competitive enterprise by providing
for fair competitive acts, practices, and meth-
ods of competition, and for other purposes;
to the Committee on Interstate and Foreign
Commerce.

By Mr. TRIMBLE:

HJl. 1834. A bin to make the evaluation of
recreational benefits and wildlife develop-
ment resulting frcun the construction of any
flood control, navigation, or reclamation proj-
ect an Integral part of project planning, and
for other purposes; to the Committee on In-
terior and Insular Affairs.

HJl. 1886. A bUl to promote greater equity
In the administration of the pay systons of
employees In the Veterans' Administration
under prevailing rate schedules by providing
for certain adjustments In the compensation
of such employees: to the Committee on Post
Office and ClvU Service.

HJl. 1836. A bin to aUow additional in-
come tax exemptions for a taxpayer or a
spouse, or a dependent child under 23 years
of age, who is a full-time student at an edu-
cational Institution above the secondary
level; to the Committee on Ways and Means.
HJl. 1837. A bUl to amend the Internal
Revenue Code of 1964 so as to allow a tax-
payer to deduct owtaln expenses incxirred by
him in obtaining a higher education; to the
Committee on Ways and Means.

H.R. 1838. A bUl to Include as creditable
service, for purposes of the Civil Service Re-
tirement Act, certain unused sick leave to
the credit of an employee; to the Committee
on Poet Office and Civil Service.

HJl. 1839. A bin authorizing the modifica-
tion of the general plan for the comprehen-
sive development of the White River Basin to
provide, for additional hydroelectric power
development, for the control of floods, and
for other purposes; to the Committee on
Public Works.

H.R. 1840. A bUl to amend title 38. United
States Code, to provide for the payment of
pensions to veterans of World War I; to the
Committee on Veterans' Affairs.
By Mr. VAN PELT:
HJl. 1841. A bin to amend section 1478.
title 10, United States Code; to the Com-
mittee on Armed Services

H.R. 1842. A bin to amend title n of the
Social Security Act to increase to $1300 a
year the amount of outside earnings per-
mitted without deductions from benefits
thereunder; to the Conunlttee on Ways and
Means.

By Mr. WESTLAND:
H.R. 1843. A bill to amend the ClvU Serv-
ice Retirement Act to eliminate the reduc-
tion In annuity elected for a spouse when
such a spouse predeceases the person making
the election; to the Conunlttee on Post Office
and ClvU Service.

HJl. 1844. A bin to authorize adjustments
in accounts of outstanding old series cur-
rency, and for other purposes; to the Com-
mittee on Banking and Currency.

H.R. 1845. A bin to create the Freedom
Commission for the development of the sci-
ence of counteraction to the world Commu-
nist conspiracy and for the training and de-
velopment of leaders In a total political war;
to the Committee on Un-American Activities.
By Mr. WILSON of Indiana:
HH. 1846. A bill for the establishment of
a Commission on Federal Taxation; to the
Committee on Ways and Means.
By Mr. WRIGHT:
H.R. 1847. A bin to authorise purchase of
certain bonds Issued by States and local
units of government to finance the develop-
ment oy such States and local \mlta of gov-
ernment of faclUtles to transix>rt water for
domestic, municipal, industrial, and other
purpoees; to the Committee on Interior and
Insular Affairs.

H.R. 1848. A bin to auth<H-lze the Secre-
tary of State to enter Into agreementa with
friendly Latin American countries for the
Indemnification of lenders in those countries
against loss arising out of mortgage loans
made on residential or farm property; to the
CcKnmlttee on Foreign Affairs.

H.R. 1849. A bUl to amend section 704 of
the Foreign Service Act of 1946 to provide
that the Secretary of State shall provide
special monetary Incentives for Foreign
Service personnel who acquire proficiency In
esoteric foreign languages, and for otbor
purposes; to the Committee on Foreign Af-
fairs.

HA. 1860. A bin to amend the UJS. Infor-
mation and Educational Exchange Act of
1948 to provide for a program of exchange
visits from Latin American countries of labor
leaders, college professors, and persons In
news media; to the Committee on Foreign
Affairs.

H.R. 1861. A bin to amend the Budget and
Accounting Act. 1921, to provide for the re-
tirement of the public debt by setting aside
the first 6 percent of the budget recelpta
of the United States for each fiscal year tot
the sole purpose of retirement of obligations
counted as part of the pubUc debt; to the
Committee on Government Operations.

H.B. 1862. A bin to amend the Sugar Act
of 1948 to provide that future increases in
sugar quotas will be aUocated to domestic
beet sugar {voducers In a manner which wUl

assure new growers a fair share of su^ in-
crease; to the Committee on Agrlcultiur.

HJl. 1853. A bill to amend title n of the
Social Security Act to Increase the amount
of outside earnings permitted each year with-
out deductions from benefita thereunder; to
the Conunlttee cm Ways and Means.

H.R. 1864. A bUl to amend the Internal
Revenue Code of 1964 to provide a credit
against Income tax for a taxpayer with one
or more children In college; to the Commit-
tee on Ways and Means.
By Mr. MICHEL:

H Jt. 1855. A bill to amend the act of Octo-
ber 9. 1940, to provide that the 10-year stat-
ute of limitations applicable to claims
against the United States shaU not bar the
payment of such claims where they are filed
with an appropriate agency of the United
States during such 10-year period; to the
Conunlttee on Government Operations.
By Mr. BATES:

HJ. Res. 88. Joint resolution designating
the first Sunday m June of each year as
Teachers Day; to the Committee on the Judi-
ciary.

By Mr. BOW:

H.J. Res. 89. Joint resolution providing for
the revision of the Statxu-of-Forces Agree-
ment and certain other treaties and Interna-
tional agreementa, or the withdrawal of the
United States from such treaties and agree-
ments, so that foreign countries wUl not
have criminal Jurisdiction over American
Armed Forces personnel stationed within
their boundaries; to the Committee on For-
eign Affairs.

H J. Res. 90. Joint resolution proposing an
amendment to the Constitution of the Unit-
ed States relative to equal rlghta for men and
women; to the Committee on the Judiciary.
By Mr. CELLER:

H.J. Res. 91. Joint resolution to amend the
Constitution to authorise Governors to flU
temporary vacancies In the House of Rep-
resentatives; to the Committee on the
Judiciary.

H.J. Res. 92. Joint resolution to establish
a commission on the legal status of women
In the United States, to declare a poUcy as
to distinctions based on sex. in law. and
administration, and fcnr other purposes; to
the Conunlttee on the Judiciary.

HJ. Res. 93. Joint resolution to authorise
the Attorney General to establish an In-
stitute of Corrections for the training and
instruction of corrections personnel selected
by States and their municipal subdivisions
m the field of correctional methods and
techniques; to - the Committee on the
Judiciary.

H J. Res. 94. Jomt resolution proposing an
ameiKiment to the Constitution of the
United States to repeal the 22d amendment
thereto; to the Committee on the Judiciary.

H.J. Res. 96. Joint resolution to give the
consent of the Congress to Interstate com-
pacta or agreementa dealing with JuvenUes
and deUnquent JuvenUes. and for other pur-
poses; to the Committee on the Judiciary.
By Mr. CHELF:

H.J. Res. 96. Joint resolution propKMing an
amendment to the Constitution so as to
make former Presldente of the United States
Members of the Senate; to the Committee on
the Judiciary.

By Mr. CURTIN :

H.J. Res. 97. Joint resolution proposing an
amendment to the Constitution of the
United States to establish a Conunlssion to
determine the Inability of a President to dis-
charge the p>owers and duties of the ofllce of
President; to the Committee on the Judi-
ciary.

HJ. Res. 98. Jblnt resolution pn^Mstng an
amendment to the Constitution of the
United States empowering the Oongrsss to
authorise the President to approve and dis-
approve separata items or provisions In ap-
proprlatKm bills; to the Committee on the
Judiciary.

h

120

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1961

CONGRESSIONAL RECORD — HOUSE

121

i

A ~*
11

BJ.Ret. 99. Joint resolution dealgnatlng
tha American marigold (tagetes erecta) a«
tne naUonal flcwal emblem of the United
State*; to the Oommlttee on House AdmlnU-
tration.

By Mr. JAMBS C. DAVIS:
H.J. Res. 100. Joint resolution designating
tbe rose as the national flower of the United
States; to the Committee on House Adminis-
tration.

By Mr. LOSER:
HJ. Res. 101. Joint resolution proposing an
amendment to the Constitution of the United
States relative to equal rights for men and
women; to the Committee on the Judiciary.
H.J. Res. 102. Joint resolution authorizing
and requesting the President to set aside and
proclaim the Tuesday following the second
Monday in June of each year as. "NaUonal
Fraternal Day"; to the Committee on the
Judiciary.

By Mr. STT.KR:
H.J. Res. 103. Joint resolution proposing
an amendnxent to the Constitution of the
United States; to the Committee on the
Judiciary.

By Mr. TRIMBLE:
HJ. Res. 104. Joint resolution proposing
an amendment to the Constitution of the
United States relative to equal rights for men
and women; to the Committee on the Judi-
ciary.

By Mr. WRIGHT:
HJ. Res. 105. Joint resolution to create a
Federal Committee on Tariff Revision; to
the Committee on Ways and Means.

H J. Res. iOe. Joint resolution proposing an
amendment to the Constitution of the
United States providing for the election of
President and Vice President; to the Com-
mittee on the Judiciary.
By Mr. BAILEY:
H. Oon. Res. 35. Concurrent resolution to
create a Joint Committee on a National Fuels
Policy; to the Committee on Rules.

H. Con. Res. 36. Concurrent resolution ex-
pressing the sense of Congress with respect to
the transportation of explosives and other
dangerous articles in interstate commerce; to
the Committee on the Judiciary.
By Mr. BATES:
H. Con. Res. 37. Concvurent resolution de-
claring the sense of Congress on the use of a
Great White Fleet in support of American for-
eign policy; to the Committee on Armed
Services.

By Mr. CLARK:
H. Con. Res. 38. Concvurent resolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Rules.
By Mr. WALTER:
H. Con. Res. 39. Concurrent resolution to
create a Joint Committee on a National Fuels
Study: to the Committee on Rules.
By Mr. WICKERSHAM:
H. Con. Res. 40. Concurrent resolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Rules.
By Mr. BATES:
H. Res. W. Resolution creating a select
committee to conduct an investigation and
study of methods for developing and expedi-
tiously carrying out an effective program of
civil defense shelter construction; to the
Committee on Rules.
By Mr. CELLER:
H. Res. 67. Resolution to amend the rules
of the House of Representatives; to the Com-
mittee on Rules.

H. Res. 68. Resolution to provide funds for
the Committee on the Judiciary; to the Oom-
mlttee on House Administration.
ByMr. CURTIN:
H. Res. 69. Resolution to authorise ths
CcHiunlttee on Agriculture to conduct a study
of the Issuance of milk marketing orders; to
the Committee on Rules.
ByMr. DAWSON:
H. Res. TO. Resolution providing tot the
expenses of conducting studies and Investi-
gations authorised by rule XI (8) Incuxrsd
by the Committee on Government Opera-

tions; to tbe Committee on House Admin-
istration.

By Mr. FULTON:
H. Res. 71. Resolution to authorise pay-
ment from the contingent fund of the House
for procurement of a marble bust of Speaker
Sam Raybiu-n, of Texas, and for other pur-
poses: to the Committee on, House Admin-
istration.

H. Res. 72. Resolution to authorise pay-
ment from the contingent fxmd of the House
for procurement of a marble bust of former
Speaker Joseph W. Martin, Jr., of Massa-
chusetts, and for other purposes; to the
Committee on House Administration.

H. Res. 73. Resolution to rename and de-
dicate: The House Office Building to the
Honorable Joseph Cannon, the New House
Office Building to the Honorable Nicholas
Longworth, and the additional Hoxise Office
BuUdlng to the Honorable Sam Raybum; to
the Committee on Public Works.
By Mr. MAILLIARD:
H. Res. 74. Resolution to provide for a flag
for the Members of the House of Repre-
sentatives; to the Committee on House Ad-
ministration.

By Mr. MURRAY:
H. Res. 76. Resolution to authorize the
Committee on Post Office and Civil Service
to conduct Investigations and studies with
respect to certain matters within its Juris-
diction; to the Committee on Rules.

H. Res. 76. Resolution to provide funds for
the expenses of the investigations and
studies authorized by House Resolution 76;
to the Committee on House Administration.
By Mr. SHELLEY:
H. Res. 77. Resolution to provide for a flag
for the Members of the House of Repre-
sentatives; to the Committee on Hoiise Ad-
ministration.

By Mr. VINSON:
H. Res. 78. Resolution authorizing the
Committee on Armed Services to conduct a
full and complete investigation and study
of all matters relating to procurement by
the Department of Defense, personnel of
such Department, laws administered by such
Department, use of funds by such Depart-
ment, and scientific research in support of
the armed services; to the Committee on
Rules.

H. Res. 79. Resolution to provide for the
expenses of the InvestlgaUon and study au-
thorised by House Resolution 78: to the
Committee on House Administration.
By Mr. WALTER:
H. Res. 80. Resolution authorising the
printing of additional copies of the report
"Communist Target — Youth — Communist
Infiltration and Agitation Tactics"; to the
Committee on House Administration.

PRIVATE BILLS AND RESOLUTIONS

Under clause 1 of rule xxii, private
bills and resolutions were introduced and
severally referred as follows:
By Mr. ANDREWS:

H.R. 1856. A bill to include as Spanish-
American War service under laws adminis-
tered by the Veterans' Administration
certain service rendered by Stephen Swan
Ogletree during the Spanish -American War;
to the Committee on the Judiciary.
By Mr. BARRETT:

HJl. 1857. A blU for the relief oi Aleksan-
der Dabrowski; to the Committee on the
Judiciary.

By Mr. BATES:

H.R. 1868. A bill for ths relief of 8p4c.
Florenclo R. VlUarba. Jr.; to the Committee
on the Judiciary.

ByMr. BOW:

HA. 1860. A bill for the r«U«f of AureUa
Bltu; to the OommlttM oa ths Judiciary.

HJi. 1800. A bill for the reUef at Jovenal
Gomes Vsrano; to tha OOmmlUae on tbs
Judiciary.

By Mr. CURTIN:
HJl. 1861. A bill for the relief of Moxwsa
Cohanlm and Farsaneh Cohanlm; to the
Committee on the Judiciary.

By Mr. JAMES C. DAVIS :
H.R. 1862. A bUl for the relief of James G.
Baldwin. 8r., to the Committee on the Judi-
ciary.

HJl. 1863. A bill for the relief of Robert A.
Moore; to the Committee on the Judiciary.
H.R. 1864. A bill for the relief of Watson
B. Jackson: to the Committee on the Ju-
diciary.

H.B. 1865. A bill for the relief of Thomas

Hoffman: to the Committee on the Judiciary.

H.R. 1866. A bill for the reUef of Efstratlos

Handrlnos; to the Committee on the Ju-

dlcl:iry.

By Mr. DINGELL:
H.R. 1867. A bUl for the relief of Blshara
Hanna Iqal; to the Committee on the Ju-
diciary.

By Mr. GIAIMO:
HJl. 1868. A bill for the relief of Anna
Ouerra and Amata Guerra; to the Committee
on the Judiciary.

By Blr. HOLIFIELD:
H.R. 1869. A bill for the relief of Sun Lok
Yen (also known as Pauline Sun); to the
Committee on the Judiciary.

H.R. 1870. A bill for the relief of Nolan
Sharp: to the Committee on the Judiciary.
ByMr. HULL:
H.R. 1871. A bill for the relief of Mln Ja
Lee: to the Committee on the Judiciary.

H.R. 1872. A blU for the reUef of Petro-
nella Mundhenk; to the Committee on ttk*
Judiciary.

H.R. 1873. A bill for the relief of Anna
Stanlslawa Zlolo; to the Committee on the
Judiciary.

By Mrs. KELLY:
HJl. 1874. A blU for the reUef of Dorothy
and Douglas Williams; to the Committee oa
the Judiciary.

By Mr. MARTIN of Maasaehusstto:
HJl. 1876. A bin for the relief of Slh Ctauen
Liu; to the Committee on the Judiciary.
ByMr. MONAOAN:
HJl. 1876. A blU for the relief of Alberto
Rodrlques; to the Committee on the Judi-
ciary.

ByMr. O'NEILL:
HJl. 1877. A blU relaUng to the effective
date of the qualification of Plumbers Union
Local No. 12 pension fund as a qualified trust
under section 401(a) of the Internal Reve-
nue Code of 1964; to the Committee on Ways
and Means.

HJl. 1878. A biU for th« relief of Peter
Ernst Fritse; to the Committee on the Judi-
ciary.

HJl. 1879. A bill for the relief of Mrs.
Wong Ship Shee; to the Committee on the
Judiciary.

HJl. 1880. A bill for the relief of Taman
l^DUfie Blorban; to the Committee on tbe
Judiciary.

HJl. 1881. A bin for the relief of Oeorgloe
Dastamanls; to the Committee <m the Ju-
diciary.

HJl. 1882. A bill for the relief of Francesco
Pagano; to the Committee on the Judiciary.
HJt. 1883. A bill for the relief of Emilia
Suppa; to the Committee on the Judiciary.
By Mr. QUIE:
HJl. 1884. A bUl for the relief of Wll-
helmlna Ginteburg Schleifer; to the Com-
mittee on the Judiciary.

By Mr. ROSTENKOWSKI:
HH. 1886. A bill for the reUef of Antonio
Selvaggl; to the Committee on the Judiciary.
By Mr. SCHENCK:
HJL 1886. A bill for the relief of Panaglotis
Sotlropouloa; to the Oommlttee on the Ju-
diciary.

By Mr. BCHXRKB:
H.B. 1887. A bill for the relief of Helen
TUford Lowery; to the Committee on the
Judielar7.

H.B. 1888. A bill for the relief of TOmlstov
Lasarevich; to the Committee on the Judi-
ciary.

By Mr. SHELLEY :

HJl. 1889. A biU for the relief of Leonlla
Tolentlno and Oiorta Tolentlno; to the Com-
mittee on the Judiciary.
By Mr. 8HSPPARD :

HJl. 1890. A bill for the relief of Kui Bor
Woo; to the Committee on the Judiciary.
By Mr. TOLLEFSON :

HJl. 1891. A bill for the relief of Enlc.
William J. Stevens; to the Committee on the
Judiciary.

HJl. 1892. A bUl for the relief of Mrs. Faye
S. Russell Lopes; to the Committee on the
Judiciary.

H R. 1893. A bill for the relief of Eduardo
8. Molarte: to the Committee on the Judi-
ciary.

HJl. 1894. A blU for the relief of Sp4c.
Adriano P. Principe; to the Committee on
the Judiciary.

ByMr. VAN PELT:

HJl. 1895 A bill for the relief of Henry
and Edna RoblnsoD; to the Committee on
the Judiciary.

By Mr. WILSON of California:

HJl. 1890. A bill for the relief of the Mari-
time Muserim Association of San Diego; to
the Committee on the Judiciary.
By Mr. DELANEY:

HJl. 1897. A bill for the relief of Maria
Varkanis; to the Committee on tbe Judiciary.

HJl. 1898. A blU for the relief of Isabel
Brown; to the Ccnunlttee on tbe Judiciary.

HJl. 1899. A biU for the relief of SUvros
Mourkakos; to the Committee on the Ju-
diciary.

H.R. 1900. A bUl t<x the relief of Giuseppe
Gaetano Flore; to the Committee on the
Judiciary.

H.R. 1901. A bill for the reUef of Georgia
J. Makris; to the Committee on the Ju-
diciary.

By Mr. DINGELL:

HJt. 1902. A bUl for the relief of LouU
Lewis; to the Committee on the Judiciary.

H.R. 1903. A bUl for the reUef of Mrs.
Amina Youssif Cosino (nee Simaan); to the
Committee on the Judiciary.
By Mr. HOLIFIELD:

H.R. 1904. A bill for the relief of Alfonso
Talaniantes-Leon; to the Committee on the

Judiciary.

ByMr. INOUYE:

HJl. 1906. A bill for the relief of Desiderto
Camarillo; to the Committee on the Judici-
ary.

H.R. 1906. A bill for the relief of Dr. Hyun
Mo Kwak; to the Committee on the Judiciary.

H.R. 1907. A bill f<w the relief of Arsenla
C. Baltazar; to the Committee on the Judi-
ciary.

H.R. 1908. A blU for the relief of Mrs. Taka
Iwanaga; to the Oommlttee on the Judiciary.

H.R. 1909. A bUl for the relief of Florante
M. Dulay; to the Committee on the Judiciary.

H.R. 1910. A bill for the relief of Francisco
P. Pascua; to tbe Committee on the Judi-
ciary.

H.R. 1911. A bill for the reUef of Rioarcdo
Bernabe Dela Cena; to the CX>mniittee on tbe
Judiciary.

H£. 1912. A bill for the reUef of Mrs.
Crlsanta Cabantlng; to the Committee on
the Judiciary.

dJt. 191S. A bill for the relief of Mrs.
Rufina Cabebe; to the Oommlttee on the
Judiciary.

HJl. 1914. A biU for the relief of Tamle
Shimoko; to the Committee on the Judi-
ciary.

HJl. 1915. A bill for the reUef of Mrs. Sode
Hatta; to tbe Committee on the Judiciary.

HJl. 1916. A biU for the relief of Unta Shl-
mabuktiro; to the Committee on the Ju-
diciary.

By Mr. MICHEL:

HJl. 1917. A bUl for the relief of Jose R.
Marquez, MJ3.; to the Committee on the
Judiciary.

By Mr. SLACK:

HJl. 1918. A bill for the relief of Sotm D.
Morton; to the Committee on the Judiciary.

HJl. 1919. A bill for the relief of Hideo
Iwasakl; to the Committee on the Judiciary.
By Mr. STAGGERS:

HJl. 1920. A biU for the relief of Dr. Sabrt
Saml; to the Committee on the Judiciary.
By Mr. BATES (by request) :

H. Res. 81. Resolution favoring the ad-
vancement to the grade of captain of Com-
mander Edward White Rawlins, VA. Navy
(retired): to the Committee on the Armed
Services.

EXTENSIONS OF REMARKS

National Seashore oa Cape Cod

EXTENSION OF REMARKS

HON. HASTINGS KEITH

or acAsascHUscris
IN THE HOUSE OF REPRESENTATIVES

Wednesday. January 4, 1961

Mr. KEITH. Mr. Speaker, I have re-
Introduced today legislation to create a
national seashore on Cape Cod.

Senator Saltonstai.l, President-elect
Kennedy, and I spent several months
drafting the bill prior to its introduction
in the last session, and came up with, in
my opinion, an excellent piece of legis-
lation.

Upon introduction of this bill early in
September of 1959, I explained that in
dealing with Cape Cod. we are not con-
cerned with the usual, relatively unde-
veloped national park area. Several
well-developed and prosperous communi-
ties are involved In this proposal. There-
fore, any legislation creating a national
seashore on the Cape must recognize the
unique character of the area and its
problems.

I believe that our bill does this. It Is
more than a statement of the principle
that preserving shoreline areas deserves
our Nation's support. It embodies a
knowledge of the distinct nature of the
area, the people, and the character of
the Cape.

Of course, I do not have to tell the
Congress that there is tremendous na-
tional interest in reserving for future
generations the scenic, historic, and sci-
entific treasures of our Nation. Cape

Cod provides rich (4>portunitiee for ap-
preciation of these values, but it is a
compact area, containing communities
developed to a greater degree than is
usual in nations^ parks.

In drafting our original legislation,
therefore, we took pains to spell out in
detail our provisions — ^many of them
unique in park legislation— unique in or-
der to satisfy an imusual situation. We
are hopeful that our proposal will serve
to enhance the establishment of other
national seashores in the future, for it
recognizes many of the problems in-
herent in the conserving of areas of na-
tional sigmflcance in this era of tremen-
dous population growth.

Following the introduction of our bill,
the Department of the Interior sent to
ttie Congress a report which recom-
mended changing or eliminating some of
its essential features.

At this time I would like to say a few
words about the Department's recom-
mendations which I feel could create
rather than resolve problwns.

Our origlnsLl bill provided that, in
order to keep the six towns involved in
the pix>posal self-sufflcient and dynamic.
IC percent of the land taken in each
town would be returned to that com-
munity as needed for its normal expan-
sion and growth.

The Department of the Interior has
recomm^ded that thi« provision be
stricken. Purthermore. there was some
feeling among the bill's sponsors and
the towns that the administration of
the clause would be cumbersome.

The towns, recognizing that the pro-
vision would be stricken from the bill
in aU probability, have requested, there-

fore, that a small amount of the land
be eliminated from the area of the sea-
shore prior to enactment of the legisla-
tion. The officials of each of the six
towns presented their cases very ^ec-
tlvely to the House Subcommittee on
Public Lands last month. The subcom-
mittee came down to the Cape in De-
cember, toured the area, and conducted
extensive and thoughtful hearings. I
know that the committee is giving care-
ful and conscientious study to the views
of the town officials, and I hope that my
colleagues will also give this testimony
their serious consideration.

In several of these towns a very sub-
stantial portion of the revenue-produc-
ing property is recommended for inclu-
sion within the park. The sponsors of
the bill feel very strongly that the towns
need the revenue from this property in
order to maintain their economies; and,
therefore, provided for Federal payments
in lieu of taxes. Although the Depart-
ment of the Interior recommended
against such payments, we have retained
this provision.

Our bill provides for an advisory
commission to help the Federal Govern-
ment In its policy decisions affecting the
park and the surrounding towns. This
would permit and encourage the pro-
posed seashore's administrator and the
town governments to exist harmoniously
and act In unison. The Department's
recommendation that the Commission
be terminated after 10 years tends to
destroy its very purpose— long-range
cooperation. I hope the Congress will
give serious attention to making the
Commission permanent.

.V

I

122

CONGRESSIONAL RECORD — HOUSE

Jannary U

The Deoartment of the Interior also Honorable James R. Mann who serred
«^^nTJdto?ellminStion of a clause from 1897 to his death in November of
In our blU which would allow expediency 1922.

in the acqvilrlns of property from land-
owners who would want to sell to the
Federal Government as soon as possible.
I feel very strongly that this clause
should be retained, and hope my col-
leagues here will support my view.

There are some who fear that our bill
may have overemphasized recreation. I
want to make it clear, for the record,
that the major intent of the sponsors
is conservation. Last year, the National
Park Service furnished a report on how
the area would be administered. This
statement confirmed our long-standing
belief that the Park Service would only
intend to make recreational activity
available within controlled areas— that
the major emphases would be on con-
servation and preservation. I would like
to call this report to the attention of
my colleagues.

I feel very strongly that the original
principle written into legislation by
Senator Baltonstall. President-elect
Kennedy, and myself must not be sacri-
ficed. I am hopeful that the Congress
will agree that the major provisions and
ptirposes of our bill should be enacted
into law.

The cape is a growing community. Its
population has increased almost 50 per-
cent in the last 10 years. There is, there-
fore, considerable pressure to develop,
both commercially and residentially, that
area which we are here seeking to pre-
sezre. These pressures were anticipated
by the sponsors of the legislation by a
provision in the bill that property devel-
oped subsequent to September 1959 could
be subject to condemnation by the Sec-
retary of the Interior. In spite of this
provision, there has been some commer-
cial development within the area of the
proposed seashore. Delay by the Con-
gress will further impair the quality of a
national seashore on the cape, and will
cause further hardship to the residents
of the area.

The House subcomjnittee has visited
the site of the proposed seashore, and Is
acquainted with its problems and the
need for prompt action. I hope, there-
fore, that this legislation will be taken
up early in this session.

EXTENSION OP REMARKS

At the special election to fill the Mann
vacancy the Honorable Morton D. Hull
was the successful Republican nominee.
I was the unsuccessful Democratic nomi-
nee. Mr. Hull served with great distinc-
tion in five Congresses. He died in 1937.
It was not until 11 years after his death
that I came to the Congress. It is with
a sense of humility and deep gratitude
that I contemplate that good health,
good fortune, and th » warm friendships
of my fine constituents had ext<!nded my
tenure as the Representative of the Sec-

ond District to a period second only to
that of Congressman Mann.

In 1924 Congressman Hull, a Republi-
can, was reelected with a majority of
75 867. In I960. I. a Democrat, was re-
elected with a majority of 51,607. These
are the 2 highest majorities given win-
ning nominees in the last 20 elections in
the Second District. For such interest
as they may hold to students of election
trends and statistics. I am extending my
remarks to include the official vote cast
in the Second District of Illinois in these
elections. 1923-60. as furnished me by the
Honorable Charles P. Carpentier. secre-
tary of state of minois.

Twenty Elections in the Second District
of Illinois

OF

HON. BARRAH O'HARA

or xtxjMOis
IN THE HOUSE OP REPRESENTATIVES

Wednesday, January 4. 1961

Mr. O'HARA of Illinois. Mr. Speaker,
with the convening of the 87th Congress
there has come to me, due to the gen-
erous and appreciated graciousness of
my constituents at election times, the
distinction of representing the Second
District of niinols in this historic body
longer than any Representative In its
history with the sole exception of the

Representation in Congre»», tnd District

YtM

flas(8peoial)

KM

W«

928

990

032

034

B9e

Republiran candidate

040.
042.
044.
»4fl.
048.
OfiO.
0S3.
OM.
OM.
068.

Morton D. HoO

-...do

....do

....do

do

P. H. Moynitaafn.

.....do

do

Noble W. Lee

P. H. Mojmlhan

Tbomea J. Downs

do

Rkdiard B. Va«

do

do

do

do

Oeone B. McKibbtn.
Harold E. Marks -

Vote

.OeO.......~ • B«niard E. Epton

ns,M»

71.730
126,006

76.666
113.447

81,034

iao,i«7

108. 4n

146^697

106, iia

138.579

1M,607

8S.110

83,023

80.0SO

40^ no

60.803
34.306

63,036

Democratic oiadidate

BarrsU O'Han

Frank A. Wrtfl>t

Michael C. Walrii

....do

do

Victor L. Scblaefcer

Raymond 8. McKaoush.

do -.— .

do

do

WlUlam A. Rowan.

do

do

Barratt CHara.

do

!;"ido""iiiinii-iiiii"

do

Vote

63.437
r.482

r,si8

76,000
63.341
103.000
104.470
163,108
139. «»
ISA, 608

iiaoeo

186,080
148.006
91,648
71,046
K2S8
8C.016
86,386
7&0D1
108,536

Wbuier'fl
majority

13,001
76,887
34,382
80,006
13,334
11.S4B
33,44«

83, on

31, U7

8,771

3,617

47,610

7,7H

11.078

km

10, SM

l^«<

41.488
51.807

A Bill To Change the Name of the Pres-
ent Air Force Base at Lincoln, Nebr.,
to the George W. Norris Air Force Base

EXTENSION OF REBIARKS

or

HON. PHIL WEAVER

IN THE HOUSE OP RKPRESKWTATIVEB

Wednesday, January 4, 1961

Mr. WEAVER. Mr. Speaker, under
leave to extend my remarks, I would like
to call to the attention of my colleagues
in the House a bill which I have intro-
duced changing the name of the present
Air Force base at Lincoln, Nebr., to the
George W. Norris Air Force Base. I am
making this move in a bipartisan spirit
in an effort to commemorate the late, in-
ternationally known, Senator from Ne-
braska.

There Is not a single major military in-
stallation nor a single major Federal In-
stallation in the State of Nebraska which
bears the Senator's name. To me this
is a grave oversight, that in his own home
State of Nebraska there should be no
such installation bearing Senator
Norris' name. The bill I have intro-
duced, if favorably considered by the
Congress, would remedy that.

Mr. Speaker, Senator George W.
Norris devoted his life to the develop-
ment of our natural resources on a na-
tionwide scale. His far-sighted and
often controversial views on resource de-
velopment commenced previous to World
War I. This has made it possible to a
large extent for the Middle West and

Far West to play the Important role they
have played in the development of our
industrial might during and since World
Warn.

Without the water and power re-
sources which have evolved In this vast
area of the country, the United States
would have been poorly prepared to un-
dertake the great industrial push re-
quired to win World War n and place
us in the commanding role we now hold
as leaders of the free world in the con-
tinuing struggle against world commu-
nism.

Senator Norris began early in his 40-
year career in the Congress to fight for
the orderly, logical and complete devel-
opment of our natural resources. He was
Interested in water not only for irriga-
tion purposes but as a soiuxe of competi-
tively priced power as well. He fought
for this goal year by year, often against
great odds.

It seems to me highly appropriate that
a major Federal installation in his home
State of Nebraska, such as the Lincoln
Base, should be named ^n his memory.

The Lincoln Army Air Force Base, as
it was originally ctdled, was established
early in 1942. The decision to place a
major military installation just to the
northwest of Lincoln, Nebr., was reached
on January 20 of that year. By May 9,
1942. the base was under construction
and it was activated 9 days later. The
Lincoln base started out as an Air Force
mechanics' school and. during the World
War n period of operation as such, more
than 31,000 men were trained. Mean-
while, other fimctions were assigned to
the base and it was used for processing
pilots and aircraft.

1961

CONGRESSIONAI MCORD — HOUSE

123

As with many other bases, after World
War n the Lincoln base dwindled In stee
pnd activity. But with the resurgence of
our military preparedness program eariy
in the last decswle, the Air Force once
more entered Unooln and it has become
a Strategic Air Command base of vital
lmp<Htanoe to our Nation's defense pos-
ture.

Increasingly important missions have
been assigned to Lincoln with the advent
of our intercontinental ballistic missile
program. It has become the site for an
Atlas mi&iile squadron which is now un-
der construction and which will become
operational in the not-too-distant future.

Just as Senator Norris played a major
role in the development of our national
economy so has tl.e Lincoln base played
a major and increasingly important role
in our national defense posture.

A military base of such major impor-
tance deserves an illustrious name. The
bill I have introduced, changing its name
to the George W. Norris Air Force Base,
would accomplish just that.

TIm Captive Sales Tuiance Company—
Threat to Free Enterprise

EXTENSION OF REMARKS

HON. EBIANUEL CELLER

or mw Tosx

m THE HOXJSB OP BEPRBSEIfTAll VES

Wednesday, Janumry 4, 1961

Mr. CELLER. Mr. Speaker. I Intro-
duce, for appropriate reference, study,
and consideration by Members of this
session of Congress, a bill to supplement
the antitrust laws of the United States
against restraint of trade or commerce
by preventing manufacturers of motor
vehicles from handling the retail install-
ment sales contracts and insurance of
their products.

IHe purpose of this bill is to divorce
General Motors Acceptance Corp. from
General Motors Corp. and to restore free
competition to the American automobile
market.

My study of the automotive industry
oonviaoes me that General Motors Corp.
has tremendous monopolistic powers,
some of which stem from the corpora-
tion's ownership and use of Oenwal
Motors Acceptance Corp. My study
shows that these monopoltetic powers
operate to the detriment of the U.S.
economy, to the detriment of the auto-
motive industry and to the detriment
of the American oar-buying public.

The only way to remove these monopo-
listic powers of General Motors Corp. Is
to divorce this giant from Its finance
subsidiary, General Motors Acceptance
Corp., and to let the finance company
operate as an independent sales finance
company in a completely free market.

Enactment of my bill will accom-
plish the following important objectives
among others:

Restore free competition In the U.S.
automobile market

Reduce automobile prices to the car-
buying public by ranovlng the powers

which General Motors has to estabUflh
price patterns for the entire Industry.

Reduce flnaace charges. Tlie entry ot
Oonoral Motors AoeepUnoe Corp. into
the free market, as an Independent
finance company, would stimulate the
competition which keeps prices to car
buyers at ttie lowest possible levels.

Restore the United States to its lead-
ing position in the world automobile
market.

Restore full employment to the U.S.
automobile Industry.

Let me make it clear that this bill Is
not an attack on big business. I have
never said or implied that bigness is
necessarily badness. My concern is with
the monopolistic powers which are now
held by General Motors Corp. and its
finance subsidiary. General Motors Ac-
ceptance Corp. Separate these two
giants and our entire economy will bene-
fit. Consumers, whether they buy
Chevrolets or Cadillacs, Fords or Lin-
colns, Plymouths or Imp«^als, Ramblers
or Larks, will save money and have a
greater freedom of choice when they buy
automobiles.

For the benefit of the Members of the
House. I would insert in the Ricord at
this point an address made by me on
November 11, 1960, before the American
Finance Conference. The address Is
entitled '"The Captive Finance Oom-
panj' — Threat to Free Enterprise":

It U a prlTUege to be the guest of the
Amerioen Financing Conference and to »d-
<lr«M tUe members of an Indxistry that has
made sucli a truly significant contribution to
American tree witerprlse. Even aa oompeU-
tion Is the Ufe of trade, so credit is lU life-
blood. Our economy In aU lt« Impressive
proporUons owes a great debt to the inde-
pendent salee finance ccwnpanies. Their en-
terprise and vision have made pceeible many
new buaineeeee and a greatly expanded oon-
•umer credit eystem. Nowhere Is this more
graphicaUy illustrated than in the history of
the greatest of all our basic industries — that
of the automobUe.

We have come a long way since the day*.
In 1*07. when a new car cost the equivalent
of 3 years' •aminge of an average wwker. In
those day*, car manufacturers lacked the
means to seU on credit; dealers, too, required
cash; banks were unable or uhwiUlng to
laid money for the purchase of car*. Oar
ownenhlp was the jM-ivUege of the wealthy.
It was toe independent finance companies
that bridged this gap. By lending money to
dealers for their purchase of cars from the
factory and by purchasing from dealers at a
discount the Installment obligations incurred
by car buyers, they broxight the auUMno-
bile within the reach of the people and thus
made possible the mirac\Uous economies of
mass production. These have remained the
functions of sales finance companies over the
years, and today the total consximer credit
ouUtandii^ for financing the sale of auto-
mobUes esoeeds $16 billion.

But you have not assembled today to hear
your praises sung. You are hwe. I suspect,
to take stock and to dlscuas ways and means
for improving and expanding the service*
which your Industry renders. And I am here
not primarily to praise, but to warn that
there are forces at work In our economy
which, left unchecked, must end by destroy-
ing our American free enterprise system and
annihilating the vital segment of the Amer-
ican financial community for which your con-
ference speaks.

I refer to the threat of xaonapcij and
monopolization by which the very largest of

our Aaxerican eorpotaMHk have been swal-
lowinc oompMl«ars imi Otlwg on ever turn
f^uxmoais— funouoM ronnefiy pertomed »y
indepecHtofit ipeetailKts.

Orover Olevelatid tft his message to Coo-
grees In IWS said :

"As we view the achtevements of aggre-
gated capital, we discover the existence of
trusts, combinations, and monopolies, wbUe
the cltleen is struggling tar In the rear or Is
trampled to death beneath an Iron heel.
Corporations, which should be the restrained
creatxires ol the law and the servants of the
people, are fast becoming the people's mas-
ter*."

Bow prophetic. We must remove that iron
heel. We must wave back these giant corpo-
rations and make them the servants, not the
meters of the people.

Recent years have seen unprecedented
growth of concentration in the American
economy. We must ever bear in mind that
giant monolithic operators which result from
mergers and consolidations are imitators —
they do not originate. The giants claim that
eiSciency, macs production, and the division
of labor require them to be as big as they
are — ^but this is not true. Almost every one
of them owes its size to the fact that it
acquired and took advantage of the means,
in one way or another, to expand. What is
more, giant monopoly is a threat to democ-
racy. It subordinates individuals, sacrifices
the free market, establishes industrial totali-
tarianism. Its repeated mergers and con-
solidations throw men out of work, create
ghost towns, and work havoc among the
suppliers and customers of merged enter-
prises.

Today X want particularly to stress the
drive toward concentration of the manu-
facturing and banking functions In the auto-
mobile Industry — a drive long recognized,
but most diificult to control. 1 refer to the
practice of General Motors since 1919 — only
1^»ii year resumed by Pord — of automobile
manufacturers maintaining their own cap-
tive sales finance companies.

This practice, I am convinced, is not only
disastrous to the independent sales financing
industry, but spells trouble for many other
economic groups and for the mtire com-
petitive system. It is destined, unless
checked, to impair competition In the auto-
mobUe manufacturing industry, competition
which is already at a low ebb, with only five
significant manufacturers of passenger cars
in the market. It must fvirther depress the
condition of ostensibly independent retail
dealers to one ot econc»nic serfdom and
ever-growing dependency on the factories.
It subjects the consumer to manipulation by
concealed but fluctuating credit charges, te
the point where he is ever less able to deter-
mine how much he is paying for credit and
whether he can afford the obligations he
assumes. It is, in short, a practice who«t
indulgence makes big buslneas the foe ot
economic freedom.

Adequate appraisal of the consequences of
factory-controlled car financing requires a
brief review of ito history. In 1919 General
Biotors established a whoUy owned subsid-
iary. General Motors Acceptance Corp..
to finance the sale of OM products at
both the wholesale and retaU levels. Ford
and Chrysler foUowed s\iit by acquiring
financing associates of their own. Inde-
pendent finance companies normally dis-
count dealers' installment paper without re-
course. Factory affiliated sales finance com-
panies, by contrast, normally retain dealer
responsibiUty In case of default. In 1986.
to tighten Its control of the financing of OU
products, OMAC Inaugurated a dealer re-
serve for repossession losses. Under this
technique, the dealer impoees a charge on
the customer to defray tJ»e cost of defaulU.
He also participates in the financing profit
by pocketing the amount by which this re-
serve exceeds losses actually experienced."

F

124

CONGRESSIONAL RECORD — HOUSE

January \

r m

1961

CONGRESSIONAL RECORD — HOUSE

125

,-

!

.»

y

^

It Is notorloxu that thla reserve Ixaa al-
w»yB exceeded Icmms by a wide margin and
baa thus become an added source of dealer
profit. Indeed, over the years GlfAC dis-
tributions to dealers from this reswrrs have
equaled •3,000 for each car repossessed.
This Is extremely useful to General Motors
in holding dealers, althoiigh. as A. P. Sloan,
prasldent of DM, himself admitted, any ap-
prsclable excess over actual repossession
losses Is unfair to competing finance com-
panies. With the approach of the depres-
sion, manufactvurers tended to force delivery
at ears to dealers. To move these cars, deal-
ers w«re forced to grant excessive used car
trade-ins. In an attempt to recoup their
losses they frequently resorted to loading
or packing their finance charges to consum-
ers, that Is. Increasing thie charge beyond
the actual cost of financing, even Including
the reserve for losses.

Some Independent nonrecourse companies
attempted to meet the competition of
OBIACs dealer reserve by paying a bonus
to dealers for their business. Reputable in-
dependents, however, regarded both the re-
poMMilon loss reserve and the bonus as
forms of commercial bribery, and In 1933,
during the NRA. your conference was formed
to protect the legitimate Interests of the
independents.

In the IQSCs, also, the financing practices
of automobile manufacturers began to ca\ise
concern among law enforcement agencies.
In 1939, the Federal Trade Commission or-
dered General Motors to cease and desist
from advertising as a "6-percent plan" a
plan of financing that actually cost almost
twice that sum in simple interest. Ford,
Chrysler, and other manufacturers, had
agreed to cease and desist from this prac-
tice, and the order against General Motors
was upheld on appeal.

MeanwhUe, automobile manufacturers'
practices affecting finance companies and car
dealers engaged the attention of the Depart-
ment of Justice. In 1938 antitrust Indict-
ments were obtained against the Big Three
and their financing afDllates. charging co-
ercion of dealers at both the wholesale and
retail levels in a conspiracy to monopolize
financing. It was alleged that in order to
compel dealers to use captive financing, the
manufacturers resorted to cancellation or
threat of cancellation of franchises and a
whole catalog of discriminatory practices
against uncooperative dealers and inde-
pendent finance companies. Here again
Ford and Chrysler submitted to consent de-
crees, but General Motors Insisted on a trial.
In 1940. after General Motors and four affili-
ates had been convicted of conspiracy and
their convictions and fines upheld on appeal,
the Government started a civil suit to re-
quire GM to divest Itself of GMAC. World
War II interfered with the prosecution of
the case. In 1962 this litigation was settled
without divestiture, a result which the Gov-
ernment recognized as inadequate, but to
which It submitted because of the difficulty
of proving activities then 14 years old. As
iB often the case, time had come to the
rescue of monopoly. There the matter has
rsstad, with General Motors in undisturbed
posMSSion of its captive financing subsidiary.
Recently, however. Pord has reentered the
field of factory -controlled car sales financing,
claiming that It no longer can do without
the advantages which GMAC affords General
Motors. Ford, in other words, also desired
the fruit of a poisoned tree. Thus. In 1960.
the independent sales finance companies are
confronted with a well-entrenched competi-
tor, owned by the largest automobile manu-
facturer in the world, and by a newly
founded finance company owned by the sec-
ond largest.

The domination of the automobile manu-
facturing industry is well known. Three
concerns. General Motors, Ford, and Chrysler,
divide more than 00 percent of the market.

General Motors alone accounts for about 60
percent of all new car sales. It has been
noted that there are only a few States in the
Union that have gross income comparable to
that of General Motors— a gigantic, privately
controlled, economic state, with self-perpet-
uating officers and directors, that has Just an-
nounced It is about to spend a billion and a
qviarter doUars in a s^le year. In this
dominated market environment, the business
of GMAC — that of financing General Mo-
tors' products — has had a continuous growth.
To Illustrate: in 1968 GMAC financed more
than 80 percent of all new car installment
contracts sold by General Motors' dealers to
finance companies — as compared to less iJian
60 percent in 1941. It purchased about 40
percent of the installment contracts sold by
all dealers to finance companies In 1957 and
1968 — as compared to less than 30 percent
In 1963. GMAC's retail credit extensions
In 1967 were 106 percent greater than In 1963;
those of independents only 16.6 percent
greater. In the period from 1963 to 1966, the
percentage growth of GMAC's share of the
car financing market was 41.7, or almost
double the 21.7 Increase In General Motors'
share of total car sales.

GMACs steady growth has brought phe-
nomenal profits to General Motors. During
the years from 1960 to 1967 GMAC averaged
18.7 percent net profit after taxes on stock-
holders average investment. By 1964, the
company's total ciurent assets exceeded WVi
billion and its net income exceeded $33 mil-
lion. In 1967 GMAC reported net income
after taxes of $46 mUllon. This Income to
General Motors from GMAC alone, amoimted
to more than one-half of Ford's earnings
from all operations.

But profit, however large, is but one of
the great unnatural advantages which Gen-
eral Motors' ownership of GMAC gives the
combination — both in the finance business
and in the automobile business. Comparison
of the operations of GMAC with those of in-
dependent sales finance companies reveals
the important respects, not explainable by
size alone, in which this financial giant en-
joys special privileges, largely by virtue of
Its GM parentage.

The more borrowed money a finance com-
pany uses in its business — in addition to
using its own capital — the greater is the
ability to compete and the greater will be
the profits on its common capital. A com-
pany with a large barrowlngs-to-capltal
ratio can accept a much smaller net return
on volume and still profit on its own in-
vestment as much as or more than its com-
petitors. In this borrowings-to-capital
ratio, or leverage as It is called, GMAC's
parentage has given It an unequaled posi-
tion. Major lns\irance companies and in-
stitutions have entered into an agreement
which allows GMAC to issue subordinated
debt to an amount equal to 300 percent of
its capital, but only as long as General
Motors remains its owner. If General Mo-
tors ownership were to end, the ratio would
be reduced to 133 percent, the agreement
provides. This privilege is double that of
most Independents. In consequence of this
I»'lvllege, not available to any other finance
company, GMAC has had outstanding be-
tween 1063 and 1968 subordinated debt
ranging between 129 and 166 percent of its
capital and surplus. On the strength of
this subordinated debt, which operates like
capital as a cushion for senior debt, GMAC
has been able to achieve a total debt-to-
common equity ratio in excess of 30 to 1 —
more than double the ratio enjoyed by its
three largest competitors. Without General
Motors ownership, this imnatural competi-
tive advantage in access to risk capital would
have been impossible. Under the 63 per-
cent Federal corporate income tax, a com-
pany holding an exclusive l>orrowing privi-
lege which Is double that of its competitors.

as U the case with GMAC. Is in the same
competitive posture as If It, alona, wers
exempt from income tax.

Apart from the financial power given by
this leverage. GMAC appMtfs also to have
been able to borrow money at Interest ratM
lower than those paid by the sales finanea
Industry generaUy. Uttle wonder that
GMAC's net profits have far exceeded ths
Indxistry's average.

The unparalleled financial position of
GMAC. due in large part to its ownership
by General Motors, has not only enabled
it to sattirate the market but also to offer
the most attractive terms to General Mo-
tors' dealers. At both the wholesale and
the retail level its interest and discount
charges are measurably leas than thoM o(
its competitors. But this does not neOM-
sarlly refiect efficiency. In the first place,
OMAC requires dealers to remain respon-
sible for payments and to share in the
function of evaluating credit, while most
Independents assume the entire credit r»-
sponslbility and function. Beyond this.
GMAC's low rates are a natural consequence
of the unparalleled leverage and uniquely
favwed credit position enjoyed by GMAO
through lU afllllaUon with General Motors.
Indeed, it has been stated that General Mo-
tors, through GMAC. could sUll further re-
duce the cost of credit and further extend
its domination of the market, but is deterred
by the fear that this would destroy the ex-
isting oligopoly among car manufacturers.
The monopolistic advantages of GMAC in
competition with Independent sales finance
companies do not end with plentiful avail-
able risk capital, profitability, and low rates.
An invaluable additional advantage that also
arises out of its ownership by General
Motors Is GMAC's favored position in acquir-
ing business. To a General Motors dealer,
the factory Is the source of supply on Which
he depends for survival and growth. GMAC's
position as General Motors' chosen inetni-
ment for financing time sales is very clear
to him. His response to this preference has
- been firmly condltlcned by an elaborate sys-
tem of rewards and punishments which had
their origin In 1926. when General Motors
adopted the principle that the factory should
control the dealers' wholesale and retail fi-
nancing practices and that GMAC should
share financing Income with the dealer.
Prom the beginning, as I have noted. General
Motors resorted to coercive practices to brlnf
its dealers in 11ns with these principles so
that they would do business with OMAC sx-
clualvely. Risk of loss of the valuable Gen-
eral Motors franchise has been a prime de-
terrent to would-be defectors. The consent
decree of 1962, lacking provisions for divesti-
ture, failed utterly to protect against theee
abuses, much lees to undo the results of
their coercive thrust.

Persuasion and rewards, too, have played
a large part In providing GMAC with a ready
market among General Motors' deeleie.
Dealers In General Motors' products typically
enjoy five separate sources of income: the
retail mark-up In the price of the car; tha
dealer reserve for repossession loss; oonunls-
slon on car insurance; repair and parts busi-
ness when an insured car suffers damage:
snd, finally, loading or packing of finance
charges. Two of these sources — the deeleie'
reserve and the repair and parts business
are deferred In nature and thus serve to de-
ter dealers from switching to other makse of
car on pain of losing these profit elements.
Loading or packing, tolerated If not expressly
recommended by GMAC. is the practice of
adding a financing charge over what the
dealer pays which Is Immediately returned
to the dealer when GMAC purchases the In-
stallment c<5ntract at a discount. Informa-
tion In my poaseaslon indicates that the
newly formed Ford financing affiliate simi-
larly enables its dealers to exact excessive

•/T

fin^nr-tng charges and thus to augment their
immediate profit. The pec\illarly entrenched
position of GMAC, however. Ues In the fact
that It does not need to make expenditures
to acquire business. Business at General
Motors dealers is almost automaUcally di-
rected to It.

The advantages of these arrangemenU to
the parent General Motors Corporation are
manifest. Through Its captive finance com-
pany General Motors is enabled to maintain
ostensibly Independent but actually captive
sales organizations of General Motors deal-
ers. There are upward of 10.000 automobile
dealers, classified ss IndependenU, who are
actually under the absolute domination of
General Motors, which fixes their costs, sell-
ing prices, quotas. Investments, and sales
practices. General Motors also retains the
capacity to manipulate car sales credit as
an aspect of its sales policies. These ad-
vantages necessarily Increase Its dominance
In the Industry, give It an Inestimable ad-
vantage over its competitors, and Inevitably
lead to monopoly. As GMAC Itself has de-
clared: "It must be obvious thst the parent
corporation can hardly Justify Investment of
its capital In a corporation designed pri-
marily as a competitive discounting or financ-
ing agency, fundamentally designed as an
Independent aid to distribution and sales.'
GMAC is. and has always been, sn instru-
ment of General Motors factory sales policy.
Against this Imckground of substantUI
monopollsUc advantages to GMAC and Gen-
wal Motors, which arise from their affiU-
ation. may l>e viewed the injury and com-
petitive disadvantage suffered by other ele-
ments of the automotive and financing in-
dustries and by the economy as a whole.
Manufacturers, unable to compete with the
gutter of the five separate profit pockets
which GMAC affords lu dealers, must ulti-
mately suffer impairment of what is left of
their share of the market or must, like Ford,
resort to similar expedienU. Dealers tend
more and more to become economic serfs,
totally dependent on and responsive to the
dictates of the factory. The economy, as a
whole, faces the monopolization of its larg-
sst industry. Independent finance com-
panies are forced more and more to abandon
automobile Ume sales financing. When thU
happens, the economy as a whole will be at
the mercy of the manufacturing oligopoly —
more interested In sales and proflU than in
the safety of credit extensions. A recent
story in the Chlcsgo papers dealing with the
credit dilemma at J. I. Case, a great farm
machinery manufacturer, illustrates the
danger of overloading when the manufac-
turer finances sales through its own finance
company. Ninety-one banks had to agree
to a standstill agreement to avert disaster.
The time has come to realise that it is
impossible for the time sales financing in-
dustry to survive part free and part slave.
We are at a crossroad. One alternative will
produce an automobile oligopoly in which
each manufactiu^r Is forced to maintain its
own financing affiliate, and the Independents
are driven out of the industry altogether.
Tht other enylsages the elimination of cap-
tive financing and the restriction of auto-
mobile manufacturers to the business of
making and selling cars. Under this al-
ternative the contribution of independent
finance companies whose interest is in the
safety of Investments as well as profits will
be restored to the Industry. GMAC and the
Ford financing subsidiary would become in-
dependent— their resources made available
to all dealers and to the financing of prod-
ucts of new snd resurgent manufactiirers.
The second Is the only alternative consistent
with our antitrust policies and traditions.
In the 86th Congress I introduced HJl. 4266,
a bill to prevent manufacturers of motor
vehicles from financing or insuring the sales
of their products. Similar bills were intro-
duced lu the Senste. In the coming Con-

gress it is essential that legislation of this
kind be preased to an early enactment. At
the opening of the new session I shall
reintroduce my bill. It should become the
new biU of rights of the automobile sales
finance industry, restoring competition to
that Industry and freeing it from monopolis-
tic engulf ment. Existing antitrust laws have
proved themselves wholly Inadequate to cope
with this problem. Congress must act.
Prompt dlvestltxire by General Motors and
Ford of their finance subsidiaries and pro-
hibition of the Institution of similar ar-
rangements by other manufacturers are. I
am convinced, of first priority if we are to
preserve free enterprise competition In this
great industry.

Congress Should Act To Implement
Kennedy Program

EXTENSION OP REMARKS
or

HON. JACOB H. GILBERT

or NXW TOSK

IN THE HOUSE OF REPRESENTATIVES

Wednesday, January 4. 1961

Mr. GILBERT. Mr. Speaker, on the
opening day of the 87th Congress, I in-
troduced numerous bills to implement
the domestic program recently rein-
dorsed by President-elect Kennedy.

After the frustrations and disappoint-
ments suffered in the 86th Congress, the
sabotaging of vitally needed legislation,
and the ever-present threat of a presi-
dential veto, I look forward to serving
and working in the 87th Congress, with
the bold, strong leadership we are cer-
tain to have under our Democratic Presi-
dent. I predict that the 87th Congress
will establish an enviable record of hard
work and constructive, beneficial legis-
tion enacted.

Legislation providing for medical care
benefits for the aged under social se-
curity. Federal aid to education, school
construction and Increase in teachers*
salaries, aid to economically depressed
areas, housing — including construction
of additional public housing units — in-
crease in the minimum wage to at least
$1.25. is of prime importance, and I have
introduced bills covering these benefits,
which are long overdue our people.

My bill providing for medical care for
the aged under the social security pro-
gram is comprehensive and liberal. Liv-
ing costs are at an all-time high; in-
creased rents and cost of necessities im-
pose real hardship upon those existing
on their small social security benefits and
they cannot afford necessary medical
care. Their plight must be recognized
and reUef must be given them without
further delay.

The civil rights bill which was passed
last year acownplishes very little in the
light of the great evils of discrimination
which exist, and which are a blot upon
our honor as a democratic nation. I
have reintroduced my bills which would
eliminate discrimination because of race,
color, creed, or natl<mal origin, and shall
continue to strive for passage of strong,
effective, civil rights legislation.

There are millions of imderpald work-
ers in our country today who are mer^

existing under substandard conditions.
Tliose in the low -wage Ixttckets cannot
meet their family obligations In the face
of high-spiraling living costs, high taxes,
increased medical costs. I shall push
passage of my minimum wage increase
bill.

I have also introduced bills providing
for revision of our immigration laws, tax
relief, to remove the limitation upon the
amoimt of outside income which an in-
dividual may earn while receiving bene-
fits under the Social Security Act, to
assist our youth and help control juvenile
delinquency, to assist our veterans, to
assist our government employees, as well
as other bills necessary to the well-being
of our people.

I believe that the prospects of great
progress nationally and internationally,
and in the interest of peace, under the
Democratic administration ahead, have
given our people new hope and courage.

I, for one, as a Member of the 87th
Congress, pledge my untiring and best
efforts in behalf of our people. I urge
that the Congress take swift, favorable
action on our new President's recom-
meixlations and on all legislation pro-
viding necessary assistance to those who
must rely upon us for help.

Prestige

EXTENSION OF REMARKS
or

HON. JOHN H. DENT

or mnrsTLvsMiA
IN THE HOUSE OF REPRESENTATIVES

Wednesday. January 4. 1961

Mr. DENT. Mr. Speaker, vmder leave
to extend my remarks in the Rxcord, I
would like to include the following article
enUUed "Prestige":

PaSSTIGS

During the campaign we heard many argu-
ments pro and con on the question of i»es-
tlge. Let's Just examine some of the issues
that have led us to this new level of world
prestige. First of all. as your Representa-
tive, you know where I have stood since my
first few days in Congress on the ques-
tions of trade and aid as it Is now instituted
and administered. I have contended all
along that you cannot buy prestige, friend-
ship, or peace. I have contended that we
cannot buUd competitive industry al»-oad
to sell in both our foreign as well as our
domestic market without wrecking ovir own
economy.

How true this is can best be proven by the
wild and panicky actions of our Government
since election, in issuing come home orders
to the families of GI's in foreign countries
and the futile mission of Secretary Ander-
son, Under Secretary of State Dillon, to
Germany, Prance, and England pleading with
them to btiil us out of the gold mess we are
in. How did this all oome alx>ut? It takes
too long to cover the whole course followed
by our Government to get to this sorry state,
but a few of the main routes can be ex-
plained. Vtt us start by admitting the
worthiness and soundness of the original
proposals for foreign aid and reciprocal
trades agreements. Simply stated, fcveign
aid was established under a plan devised by
Congress to help our Allies to get back to the
same economic position they were in prior
to World War II. This was done for a dual

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127

f<

purpoM. On« was to keep the Communists
from gaining groxmd In the ao-callad free
nations becaiue of •conomlo oondltkma.
The second was the realUtlo view that un-
leie theee nations were helped to get back
to their Jiormal economic states, both in-
dustrially and agncultxirally. they would
never be able to compete In the free wc»-ld
as free nations. Foreign aid was born as an
aitermath of World War n. the Communist
threat made it sound logical; people were,
and are, sick of catastrophic world wars and
were wUllng to make most any sacrifice short
of military service to buy peace. It sounded
good, and in reality it really worked for a
while. We watched devastated nations, like
Germany, Japan, Italy. France, England, all
their friends start to provide Jobs, grow their
own food supplies, suid to resist oommunls-
tlc infiltration. Then we found out that
nations are Just like people everywhere.
Long after we had passed the goal set by
Congress when it enacted the first foreign
aid biU. we found our friendly Allies de-
manding more and more and with the help
of the mlataken group in our State Depart-
ment, the whole program became vlrtxially
a grab bag with almost every civilized coun-
try on earth getting some cut out of the
American taxpayers. As It became apparent
that this program was a free for all and
more permanent than temporary in nature.
g^Hfw*' of the former opponents of the legis-
lation became interested and from then on
the real problem started to develop.

Some of OMX big industries, urged on in
some cases by a desire to lessen the xinlon
pressures at home, found that they could
very advantageously Join with German. Jap-
anese, and other manufacturers who ooxild
get low Interest, easy credit money from one
or more of the many agencies set up by this
Government for construction and expansion
of foreign dominated industries. Suddenly
we find the President of the United States
calling upon Congress to make it easier and
taxwlse beneficial for Americans to invest
oTtirwn In his message to Congress, the
President held out the promise of reduced
taxes here in America if we cotild get more
American private enterprises to Invest in
foreign countries.

American industries were coaxed by the
lOA to build plants all over the world with
taxpayers' moneys with 90 percent guaran-
tees against losses under certain conditions.
In the meantime, all of our know-how.
patents, trade marks, and trained man-
power was being made available to foreign
competitors who soon were able, with
American money, know-how, and their
cheap labor, to not only take away our for-
eign markets, but they started to flood o\a
own domestic home market with consumer
goods at sums we could not touch.

Although both candidates shied away
from the subject. I have said before and
repeat now that the balance was so close
between the two candidates that if either
one would have come out fiatfooted on the
question of importation of cheap made goods
in competition with our standard of living,
the election would have been a landslide.
I jwedlct now. that short of war. this U the
Issue that will make or break the incoming
admlnlstraUon. It isn't a question of
whether we want to live alone or that we are
not aware of our obligations as a member na-
tion in our free world society, it's a question
of sxunrlval in an economic jungle where na-
tions have become the tools of powerful
group* whose interests are high and whose
principles are gokL

For instance, the farmer is sold on foreign
•id because It Is supposed to prorlde the
money to foreign countries that bay his
farm prodoots. VThst he isnt told Is that
m most eases, it is bought with money pro-
vided by the fanner himself as s cltlsen
taxpayer, and iHien any nation gets to where
it produces its needs, we cannot even gtre

our produoto away without being accxsa^l tA
flooding the markets. Right now, at thU
moment our friendly allies, the Canadians,
are working on a plan to Increase the duty
and tariff on American fruits and vegetables
shipped into Canada from the U.8. farms.
On* of the largest American soup canning
companies is building the largest canning
plant in Mat world in Mexico. With help
from our foreign aid programs, the Mexicans
are growing more and cheaper vegetables
than we can produce here In the United
States. What Is even more serious Is that
theee canned foods will be shipped to the
United States to be sold in our markeU with
the American trade name prominently dis-
played.

The American worker is sold the foreign
aid program on two promises, one that it
means world peace, and another that we
expOTt more than we Import and It means
more Jobs for us than we lose. Of coxxrse
statistics can prove anything, but even a
second grader knows that if you sell tlOO
million worth of cotton to Japan and you buy
back 1100 million worth of dresses, pajamas.
nightgowns, and hundreds of their consxuner
Items you are not even in man hours, pay-
rolls, or market basket money in the house-
wives' pockets. On the high level of inter-
national banking we have been told we had
made a good deal. Tou can buy two packs
of cigarettes for $1 and get a Japanese
lighter for free, although the lighter Itself
made in America would cost between $1 and
$1.60. You cannot have Canada putting an
additional $300 tariff on an American made
automobile and still allow Canadian goods
to come In \mder the tariff wall. You can-
not allow Japan to sell automobiles in the
United States while at the same time place
an embargo on American cars In Japan.

Mexico has Joined the rest of our friendly
neighbors and alUes and U rapidly forcing
every American company to produce in Mex-
ico or be shut off by either an embargo or a
prohibitive tariff wall.

The trouble with us is that we have lost
sight of the real purpose of passing both
Foreign Aid and Reciprocal Trades Acts.
"Bsciproeal trade" means Just what the name
implies. We are supposed to buy what we
need and can get from co\intrle* who hav*
things we cannot make or mine for oxuselvee
at the free trade counter, and other countries
are supposed to get the same from our manu-
facturers and producers. What has really
happened over the past decade though has
been a complete perversion of the whole
program. W* are importing goods that we
have in surpliis. and in many instances goods
that are made by the same manufactiurer
operating both here and abroad. No other
nation actually has lowered its tariff walls
except in the Instances where our price was
so high our competition was not practical.

For Instance almost every American car
producer produces cars oversea* either by
actual manufacturers or by manufacturing
and /or sell agreements. The argument ad-
vanced is that our wages are too high, our
taxes are too high, our transportation, our
everything Is too high. In fact, the argu-
ment is growing that our standard of living
Is too high. Is this true in the sense that
tt is used by our American ind\is tries?
They say we cannot compete becatise of this
high cost of living so they are forced to go
abroad to produce for the foreign market.
Of course, they fall to say that wage differ-
entials always existed between foreign and
American lalx>r. They fall to say that oxa
standard of living has always been higher
and that you cannot compete with your-
sdf and stay in business. As one merchant
friend said to me, "This will be the moniest
and merriest Chrlatmas the Japane** *v*r
had if we sell all the stuff made In Japan
that is on our shelves."

How do we correct the situation? What
do we dot Do ws build tariff walls and let

the American producer gouge the Amerleaa
housewife, do we withdraw all of oor foreign
aid and let the CommunlsU gobble up every
nation, do we btilld a wall around as and
cut ourselves off from the world? Tliess are
the questions that are hurled at any critic
who questions foreign aid and trade. In my
humble opinion, we should answer all ques-
tions on theee subject* with common sense
and moderation. We should never buUd up
prohibition tariffs walls. We should, and
sooner or later must, buUd up co*t of produc-
Uon protections for both American labor
and American industry. This would take
Into consideration mandated costs of pro-
duction Buch as Federal, State, and local
taxes, social security, workman's compensa-
tion, unemployment compensation, welfare
and health programs. It would give con-
sideration to basic wage and man-hour pro-
duction differentials Just as most at our
competing foreign countries do right now.

Did you know that one of our ally nations
doesn't allow an American TV set to oome in
even as a gift because they are trying to
build up their own TV Industry? We mxist
stop the taxbreak for runaway American
industries and Investors. You cannot sell
American products made in America In com-
petition with American products made in
foreign countries. American Industry must
get every consideration In its needed ex-
pansion and modernisation. Lower rates of
Interest on needed capital, better procrams
taxwlse for amortisation of costs and more
realistic depredation rules. No American
producer must b« allowed to sell forelffn-
made goods here in America under Aaaert-
ean trade name*. It is a pipe dream on the
part of those in Government who bellsre
we can recapture the foreign market. The
foreign market now belongs to a great ex-
tent to some American*, bankers. Investors.
Importers, exporters, and industries, but not
to the American merchant who some day wUl
be a natural goat beeaiis* he will have a
store full of foreign made product* and a
■treet full of foreign made unemployment.
A merchant in Jeannette cannot sell much to
a Tokyo glassworker. and if the window glass
plant stays closed in Jeannette while our
merchants sell foreign made glass how <k>
we get the money to buy the glass? Som*
say. well, the rubber works will buy it. That
is true until the unemployed glassworker
has to let his car stand in the garage and
cannot buy tires and the tire plant shuts
down.

If OMX wage* are higher than they are in
Japan and Europe, remember they always
were. The most important item Is that our
production has always been able to taks
care of the higher wages until the importa-
tion of foreign made goods produced by
cheap labor, low taxes, and low intarsat rates
caused a breakdown In the relationahlp be-
tween what was paid to produce goods and
what the producer co\Ud get for the goods.
This goes de^>er than the housewares and
consumer goods. We now find American
suppliers of tool steel and fabricating tools,
machinery and equipment faced with the
same dllenuna that has caused the almost
complete liquidation of the American watch.
lighter, bicycles, clothing, tils, glasswars,
binoculars, cameras, and othsr oonsuBsr
goods industries.

It will get worse before It gets better.
Some say. "Are you for a high tariff to pro-
tect our high economy and high costs of
living?" I can only answer simply but truth-
fully. I am for anything that will maintain
our way of life. If we are satisfied to live
like the Japanese workers, then of course we
can compete on the wage level. However, I
don't believe the American worlcer or ths
American employer wants to go back to the
days of sweatshop*, child labor, long hours,
and low pay.

Let's look at the problem from the view-
point at what we started out to accomplish.
We started out to help our allies gain thslr

i\

former economic stature as of the pre-World
War II days. We have gone beyond that. We
have made not only oiu: allies, but also our
former enemies stronger economically than
we are ourselves. If this isn't so. why are we
pleading for help to pay our overseas bills
to which we have committed ourselves? We
started out to make otueelves so well liked
that all the nations in the world would run
to our side In case of trouble with Russia.
Have we succeeded? Ask Castro. Lumiunba,
Mobutu, and Kasavubu. Check on Laos,
Nepol, the PhUippines. Indonesia, South and
Central America, In fact, everywhere in the
world we find the chant "Go Home Yank."
Why? Simply because we have dealt with
the money-hxmgry leaders. Instead of the
people. We were right at first, we gave seed,
trucks, tractors, and even Industrial ma-
chinery to help those people get back eco-
nomically and agrlcultxu^ly. What hap-
pened now Is that too many of our own people
have Joined with foreign exploiters and are
doing what we fought against so long and so
hard in this country. They are making ex-
orbitant profits with underpaid workers.
When we meas\ire our prestige, measure It in
the masses of the peoples, not the directors'
rooms of the International bankers and
trusts.

Another handicap that is seldom men-
tioned that confronts the American manu-
facturer and the American worker is foreign
govertunent ownership. In this country a
loud protest is raised against Government
producing goods for sale in competition with
private enterprise. No one seems to care
about Americans having to compete vrtth
enterprises abroad ovmed or controlled by
foreign government. In this country we
have antitrust and antlmonopoly laws, but
no one seems to mind the fact that Ameri-
cans have to compete with countries whose
major production is by trusts and
monopolies.

Some say this \» the way to raise wages in
foreign oountrle* and will eventually make
things right. Whom are we kidding? Labor
unions are not kidding themselves on this
score. We have only 17 million organized
in America out of a potential of 60 million
or more. We have migrant workers who are
working under conditions that are consid-
ered a shame in some States and areas. We
have millions of conditions here In America
after all our strife, strikes, lockouts, legisla-
tion, and a liberal Constitution, how can
anyone honestly say we can in the near
fut\u-e raise the standards to make competi-
tion reasonable between Import and domes-
tic products.

I once supported, tad etUl believe, in aid-
ing countries to make them self-Bufllclent. I
think it U good to help Japan produce
refrigerators, cars, clothing, and the nicer
things of life for the Japanese people, but
I think it Lb an economic Joke, better still
a tragedy, to help them produce theee things
for our use when we liave a surplus of all
theee items. How do we raise theee stand-
ards if their workers cannot even earn
enough to buy a reasonable amount of their
own production? Insofar as building a wall
around us in the area of trade, we needn't
worry about that too much. It U being
done for us by others. The wall is made out
of cheap labor, American capital, American
know-how and In many cases, the American
domestic market. Those fearfxil of gouging
by American producers must not believe what
we have been told about competition, anti-
monopoly, and antitrust laws that protect
the American citixen from profiteers and
exorbitant prices.

One thing we must also do in the not too
far distant future and that Is to establish
some kind of ground niles on stock splits,
options, and dividends. If 100 men put
$1,000 each into a plant producing 100,000
units a year employing 1,000 men and later
expand with borrowed money or company

profiU to produce 10,000 units with 3.000
men, Increase the wages of the workers 50
percent while at the same time vote them-
selves two shares of stock for every one they
had, pay the same or an Increased dividend.
Lb this an equitable portion of profit for
Industry and for labor? If in a 10-year
period this process is repeated fo\ir more
times and the stockholder now has 10 shares
for every l while the labor is producing ao
percent more units per man and has received
pay raises to where he is receiving three
times as much as before, is this still equi-
table and is labor forcing Americans out of
the foreign market? On the other band, is
corporate profit, paper, or real driving \u out
of the market?

I don't know the answer, but It might be
interesting for the new President's advisors
on such matters to look into these phases at
our economy: Original Investment, original
wages, original selling prices, original taxes,
stock splits, dividend relationship to original
cost.

This isn't meant as a criticism since the
case Just given Is a hj^pothetlcal one and
Just posed to get an answer, if we can, to our
growing dilemma of American made versus
foreign made, American trade versus foreign
trade, and American dollars versiis counter-
part or foreign currency.

I am a profound believer in our American
way. I believe in freedom of enterprise to
make a realistic profit. I Ijelleve in freedom
of labor to Join together to bargain for a full
days pay for a full day's work. I believe etwjh
of us has a right to protection by our Govern-
ment in all matters, militarily, economically,
legislatively, administratively, and Judicially.

It is time we remove our roee-colored for-
eign-made glasses and start looking through
American -made bifocals at the small print
In o\xt economy.

It might surprise some of us to find out
how bad a contract we have with oiu
friendly allies.

Hon. E£tli Nowrse Rogers

mittee. She was the first woman to re-
ceive the Distinguished Service Cross of
the American Legion.

Mrs. RoGKRS was an outstanding legis-
lator, a loyal and dedicated friend, and
a generous and noble lady. May she now
rest in peace.

EXTENSION OP REMARKS
or

HON. EUGENE J. KEOGH

OF NEW YORK

IN THK HOUSB OF RKPRKSENTATIVKS

Wednesday, January 4. 1961

Mr. KEOGH. Mr. Speaker, it is with
a saddened heart that we pay tribute to
a lovely and gracious lady who died on
September 10. 1960, in Massachusetts.

Representative Edith Nourse Rogers
was elected to the House in 1925 to fill
the vacancy caused by the death of her
husband. Representative John Jacob
Rogers who had served the Fifth District
of Massachusetts for six terms. She was
the first woman ever sent to Congress
from New England, and the only woman
to have served 35 years in the Congress.

Mrs. RoGKRfl served with the American
Red Cross overseas in World War I, and
since that time her greatest concern was
the welfare of our veterans. During
World War II Mrs. Rogers was one of the
prime movers in pressing for legislation
which later become known as the GI bill
of rights. She also introduced the meas-
ure which set up the Women's Army
Corps during the period of World War
n. At the time of her death, she was
ranUng minority member of the Com-
mitee on Veterans' Affairs, and had pre-
viously served as chairman of the com-

A Macttone in Senrice by iIm DisaUea
AmericaB Veteraas

EXTENSION OF REMARKS

HON. OUN L TEAGUE

or TEXAS

IN THE HOnSB OF REPRESSNTATIVES

Wednesday, Janxutry 4. 1961

Mr. TEAGUE of Texas. Mr. Speaker,
I would like to take this opportunity to
call to your attention and to the atten>
tion of my colleagues of the House of
Representatives a new milestone in serv-
ice to the disabled victims of our Nation's
wars.

The Disabled American Veterans has
now passed the 1,500,000-case mark in
the number of veterans who have bene-
fited directly and individually from the
nationwide service program of the DAV.
since the end of World War n.

As you may know, the DAV maintains
a staff of fillly trained service officers,
thoroughly experienced in every facet of
veterans' legislation, in Veterans' Admin-
istration regional offices throughout the
Nation. This staff , the largest such sup-
ported at the national level by any na-
tional veterans organization, is main-
tained at an annual cost to the DAV in
excess of $1 million.

These skilled and dedicated attomcsrs-
in-fact in the complex field of veterans
law, meet with individual veterans and
their families or survivors, to examine
the facts of each case — often possible
only through lengthy research and vo-
luminous correspondence — and to pre-
pare and properly dociunent claims for
hospitalization, compensation, survivor
benefits, pensions, medical care and
other badly needed rehabilitation
services.

Without their skilled and patient serv-
ices hundreds of thousands of disabled
veterans would, in all probability, have
been entirely unable to document and
prove their right to the well-deserved
benefits which they now enjoy and which
they need so badly for their own well-
being and for the happiness and eco-
nomic security of their families.

Nor is this the end of the many
free services provided by this
unique, congressionally chartered service
organization.

The DAV is one of the few national
service-charitable organizations to pro-
vide distinct and valuable service for
everyone to whom they turn for finan-
cial support.

The DAVs unusual and hard-woriang
Idento-Tag miniature license plate pro-
gram, which annually provides key-
chain-sized replicas of individual auto
licenses to nearly 40 million American
motorists, is solely responsible for the

i
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128

CONGRESSIONAL RECORD — HOUSE

January U

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!

)

ii

retiim of nearly 50.000 sets of lost keys
and thousands of dollars in other valu-
ables to their rightful owners each year.
In all, since the b^flnning of the
Indento-Tag program, the DAV has re-
tximed more than 1,500.000 sets of lost
keys to motorists throughout the Nation.
But. perhaps, the greatest service to
the Nation provided by this service-
conscious organization is an indefinite
and indirect one, directly beneficial to
the American taxpayer, which is not
easily apparent to the casual observer.
For it is impossible to estimate the
enormous amount of processing work
in the Veterans Administration — and
the c(Misequent expense to the taxpay-
ers—which has been eliminated by yhe
skill and competence of DAV service
ofiQcers.

Each day thousands of veterans with
ten»-of-thousands of questions. e£w:h a
possible claim for veterans' benefits,
turn to DAV service officers for advice
and assistance. If it were not for these
capable and experienced men — who are
themselves all disabled veterans — the
VA would be forced to provide a great
number of additional personnel to deal
with this added influx of daily visitors
at, of coiu^e, a great additional cost to
the U.S. taxpayer.

Nearly half of the problems brought to
DAV service officers, never even reach
the VA for processing. They are han-
dled directly by these competent
intermediaries through their own vast
experience with all applications of the
laws and regulations governing veter-
ans' benefits. Those cases that are
passed onto the VA for action have
been carefully prepared and thoroughly
documented for easy and rapid proc-
essing, saving the VA— and the tax-

paiyer enormous additional amounts of

time and expense that would be neces-
sary to screen, research, prepare and
process these claims if they had been
presented by individual veterans, in-
experienced in the preparation of such
material.

And, finally, the DAV works conscien-
tiously and steadily with the House Vet-
erans' Affairs Committee in the prepara-
tion and consideration of veterans' leg-
islation. Recognizing that there is only
a limited amoimt of money which can be
allocated to all veterans' benefits, the
DAV, as the official spokesman for all
disabled veterans, works — not so much
for Increased expenditures — but. rather,
to insure that every dollar spent for vet-
erans' benefits Is spent as wisely as pos-
sible to bring the maxlmiun aid to the
largest nimiber of disabled veterans at
the lowest possible cost to the Govern-
ment.

Mucxi of this outstanding record of
service is well known by my colleagues,
many of whom, like myself, take great
pride in our life membership in this dedi-
cated service organization.

But it is, perhaps, not known that this
remarkable record of service Is now in
grave and growing Jeopardy.

Ilie DAV Is In dire financial straits.

For many years it has been the finan-
cial policy of the DAV to support its ad-
ministrative expenses from the dues of
its member and to rely on its Idento-Tag

program to provide the funds to support
its milllon-dollar-a-year service pro-
gram. It receives no Federal funds for
the free service it offers to all veterans.
The DAV's Idento-Tags are manu-
factured in, and mailed from, the DAVs
own plant, staffed almost entirely by dis-
abled veterans and their dependents,
widows, and orphans. All of the net
proceeds — over and above the cost of
manufacturing and mailing — are used by
the DAV to support its million-dollar-
per-year service program.

These proceeds are, however, not
enough. The DAV has been caught in
a vicious pinch between ever-rising costs
of operation and steadily shrinking
revenue.

The natural tendency of Americans to
forget the horrors of war and the grlm-
ness of the sacrifices which it demanded
from those who served, has greatly re-
duced the public response to this very
worthy cause, placing the futiu^ of the
DAVs valuable and vital service pro-
gram in grave doubt, at a time when it
is needed more than ever before since
the days immediately following World
Warn.

Statistics available to my Veterans'
Affairs Committee show that the average
age of veterans of World War I, is now
66. This means that this aging group is
now entering a period when they are be-
coming progressively less able to cope
with their handicaps and must rely more
heavily on their veterans' benefits and
on the DAV service officers who help
them with their problems.

There is no doubt in the minds of those
who know of the magnificent work that
has been done, that the DAV Is an organ-
ization with an inherently noble and un-
selfish role to play — a role that is of
growing importance to millions of dis-
abled veterans.

The DAV is, I am personally con-
vinced, one of the soundest, most effi-
cient and most competently operated of
our national service organizations.

Yet the very future of the DAV hangs
in the balance.

The DAV needs two things: a wider
membership base, and a greater share of
the traditional generosity of the Ameri-
can people.

At the present time 200.000 disabled
veterans are members of this organiza-
tion. This niunber must be increased in
the years ahead.

The DAV needs an increased return
from its Idento-Tag program; it needs
the sympathetic attention of the Nation,
at a level equal to that shown while the
horrors of war were fresh in our minds.

There is. of course, nothing that this
body can. or should, do as a group to
solve the problems of this vitally impor-
tant institution which was organized im-
der a charter from the Congress of the
United States.

There is. however, much that we can
do as individuals of some Influence in our
own areas and on the national scene.

Many of us in these Chambers today
are members of the DAV. BAany more
are eligible. All of us have thousands of
constituents who have benefited directly
and indirectly from the services of the
DAV.

We cannot. I firmly believe, allow this
essential program of service for those
who gave so much in their Nation's de-
fense, to falter and die at ft time when
it is needed most.

Let us cooperate with each other and
with DAV leaders to bolster this organi-
zation of those who sacrificed so much
in the Nation's defense to its rightful
position as the proud, self-sufficient
spokesman for, and servant of. our war
disabled.

A Legislative Program for Astronantict
EXTENSION OF REliARKB

HON. VICTOR L ANFUSO

or Kxw Tonc

Uf THE HOUSS OF RXPRKSSNTATIVBB

Wednesday, January 4, 19€1

Mr. ANFUSO. Mr. Speaker, on De-
cember 7, 1960, I was privileged to pw
tlcipate in a panel discussion at the 15th
annual meeting of the American Rocket
Society, held at the Shor^iam Hotel here
In Washington. The subject of my talk
was "A Legislative Program for Astro-
nautics," which aroused a good deal of
comment and Interest.

Sooner or later, we in Congress wlU
have to devote more time to this subject.
to keep abreast of developments in this
field, and to legislate as the need arises.
For this reason. I feel that my colleagues
will be interested to know what is cur-
rently under consideration. I am, there-
fore, inserting the text of my address be-
fore the American Rocket Society and
conunend it to the attention of my col-
leagues:

A LwiTBT ktvrm PaooaAic voa A*moM*UTics

(By Hon. Vicraa L. Auruso, Manbar of

Congreat, Mew York)

In diacxuslng utronsutlca m • lafteUtor,
I sbould like to begin by taking a broad rUm
of the mbject. Astronautics la not an Iso-
lated activity. Its roota and offshoots «r»
certain to reach into nearly every comer of
national and ]>ersonaI life. It wlU draw on
Its vital Juices from almost every domain of
science — and, Indeed, from many fields of
knowledge that are not regarded as adenttfle
at all.

In the following remarks, therefore, X de-
sire to stress the unity of science and astro-
nautics. Effective legislative support of
astronautics must include scientific research
and education on a wide scale.

As you may know, the House Committee on
Science and Astronautics, of which I am a
member, has always taken an approprtstely
broad view of Its responsibllltlea. Tba res-
olution creating the committee states that
its Jurisdiction shall Include not only astro-
nautics in the strict sense but the regulstlon
of activities In outer space, science scholar-
ships and scientific research. It is fortunate
that Congressman Jomr W. McCouf ack, and
others who led the way in legislative 8Ui>port
of astronautics, were able to exercise ao much
foresight and to make provisions for an effec-
tive legislative program.

Many Members of Congress have raeclvad
letters from young people asking how they
can get started on a career In astronautics.
An honest answer — though vague and prob-
ably not what the qtwstloners have In
mini— would be that they eonld very wen
start almost anywhere, aceording to thdr
own talents and inellnatloBs. I^e point

111

*-^TWT^i>wccfrkMA¥ BPrY^nn — .<*FMAT1?

January 5

1961

COMGRESSIC^AL RECORD — HOUSED

129

can be mad* by Tsadtaf a pwiM Hat o( tta

Bxxbjects and oeetipattoos already lavolvad
In astronauttes:

AcousUca. aerodynamios, aanmautleal engi-
neering, astronomy, astroptoysles. bloehemla-
try. biophysics, ceramlos, cTTstaUography.
electrical engineering, electronic englneertng.
gyroacopics. hydrauUca. information theory.
Inorganic chemistry, mathematlca, mechani-
cal computation, mechanical anglnaerlBg.
medicine, metalhirgy. nuclear physios,
oceanography, ornante chemistry, phyrteal
chemistry, psychology, solid-state phytfea,
and thermodynatnloB.

The list that I have Just read could easfly
be extended to several timas Its present

length.

The unity of solanoe and aetronautics can
li« sasn, also, in the reciprocal relation be-
tWMB spaoa exprriments and many, many
flalds of aclentlflc research and development.
In the preaent sta«e of astronautics, space
vahlelsa ar« still prlnurUy research tooU for
gathering selantUlc and tachnlcal laforma-
tJon Tto» recent ionosphere satellite, fc-
plQTOT vm. launched on November 8. 1900.
provides a good example. Xxplorer vlil Is
gathering daU needed for space communica-
tions and for tba design of nuclear and ion
rockets. It carries a mlcromcteortte experl-
mant that will help aolve the problem of dis-
sipating heat from nuclear and ion rockets
In space. The radiators that cool such rock-
eta must be designed for protection against
mlcrometeoiites. In addition, the iono-
spheric measuremenU made by Explorer VUI
will add to our knowledge of how radlowaves
an carried around the eart&, and so help US
ehooae fraqusnctcs for kmg-range space oom-
munciatlons.

Prom this example of Explorer vm. It is
appa*«nt that sdeBUfle and taehnieal knowl-
Isdgs determlnea the planning of space ex-
p^fitiMiTif , and. In turn, depeods on them
for its own f urtbar progress.

There is current evldenoe of the recogni-
tion and support given by Americans to the
national space effort and eepecially to its
sdentlflc basts and payoff. In an option
survey of nearly 3,000 buslnass exaouttvea.
Prof. Raymond A. Bauer of the Harvard
Bualneaa School found that most of them
want a vigorous mwoe program even if it
means higher taaes. Bghfcy-nlne percent see
no limit on what the space program can
aeblavv. I am happy to say that S9 pttreent
believe polttaelBW who tavor a bi«ger mprnxm
program put actantlflc progress ahead of po-
litical profit.

The most liitfiasfing result of tha survey.
ttaax the standpoint of our present dlacus-
slon. reveals what people e]q>«ct as the i»y-
offs from the space program. Five general
reasons for supiwrting the spaoe program are
Ust0d: (1) Political and mlUtary oooaldHa-
tions; (S) aeonomlc payoffs (in Xbm survay.
mora than 60 pereant regard aoeuraSa loog-
ranga waaUaar toraoaata and Improve oom-
jnunleatlona as almost oartaln): (S) the
•ansa of adventure; (4) tha Increaas of
knowledge; and (S) competition with the
Soviet Union, to order of priority. pure^<d-
ence U listed as the single ootstaadlng
son for apaoa nasanfe.

With this baokgrooad. it is easy to
■taad tba naad for better and man broadly
avmllaUa adueatlon as a part ot our nation al
spaos program. The need 1* enyhaslind by
our lag compared with the USSR In tha an-
nual number of paduates In englseering and
ev«n In many ftsMto of selsncs. In 19M, for
saamide. tha UJBJBA. produoed about tbraa
tlmea as many praduata engineers as tha
Unltad Stataa. Tba flguras givan by our Na-
tional Science Foundation show 48.000 grad-
uatlng in the Unltad States, compared with
lOeXWO tax the UBB Jt. More svrprtstng stiB.
tha United States Is lagging svaa tn tha total
number of piufcsrtensi anglnaers: 0SO.OOO
compared with the Sovlat llgars oC WiOOO.
In graduates specialising In pforAy sdsnttfle

cvn— — •

stodlas, a^art firom engineering, tha only
field In which wa lead the UBBJL at tha
preaent time la tha physical and mathe-
matical sdenoea.

Barly in tha last Congraas, I Introduced a
bm (HJI. 4966) to establMi a National Sd-
enoe Academy. The suboommlttee of which
I am chairman conducted bearings on the
biU in May <rf 1960.

The propoeed Academy would offer four
years of training in science and engineering.
Graduates would be reqiiired to spend at
least five years in the civfUan or mlUtary
service of the United States. A limited num-
ber of foreign nationals from friendly ooun-
tHes would be eUglble to attend. The bm
would also establish a Scientific Career Serv-
ice to attract and retain qualified sdentlflc
and technical personnel. The Scientific Ca-
reer Service would be open to graduates of
other Institutions as well as the Science
Academy.

As chairman of the subcommittee. I
opened the hearings with the foUowlng
statement:

"A National Science Academy wotUd pro-
vide additional incentives for aui young peo-
ple to pursue careers in science and engl-
neerlss. It could focus public attention,
arou^f interest, and stimulate career motiva-
ttoiis. Perhaps this Is the most Important
step this country can take t» make up the
present shortage of qualified personnel for
science teaching and for Government service
in the natural sciences and engiixeering.

"A Science Academy would also extend the
(^porttmlties ioi higher education in these
fields to nuLny able students of both sexes
who now. for economic reasons or otherwise,
tMM to complete such training under our
present educational system."

It was never my Intention that the Elclenca
Academy Should exclude or even restrict ad-
ditional scholarshlpe. fellowships, and loan
funds, or compete with further direct aid to
existing educational institutions. The Sci-
ence Academy is proposed as only one of
many eoncxurent ways of meeting our pres-
sing national problenas in science and engi-
neering educaUon. No one shoxild suppose
that it could solve the entire problem by
Itself.

As a result of the hearings, I Intend to re-
vise the Science Academy bUl, and to rrtn-
troduce It In the next session of Congress.
Several of our i1«-»*'Hr'*'***^ witnesses rec-
ommended that the Science Academy provide
InstrucUon on the graduate level, and eartab-
Uah a losoarrh center and research institutes
In order to attract and hold a flrst-rate fac-
ulty. Accordingly, I wlU propoee the found-
ing of a "science city" with ample facilities
and opportunities for research Including ad-
vanced rssearch Instltutaa.

We were told that some 10,000 more scien-
tists and engineers are needed each year
than our schools are graduating. Tet nearly
100,000 high school graduates of coHege abU-
Ity fail to enrOU In coUege every year for
financial reasons, and pertiapa an additional
100.000 do not enter coUege because of la^
of Interest. By providing additional oppor-
tunities and inueutlvea. a Science Academy
would help substantially to fill this critical
gap In our national life.

A major new Incentlva for sdentlflc
achievement was ervatad last year, whan the
President signed a biU (HJt €086) to esUb-
Ush a National Medal of Sdenea. This was
my bUl. I feel proud and happy that It has
become a law. and I ballcva It wUl greatly
Mkooutaga our paopla to undfrtaka training
f(T»i fyxMtfM In scianoe and englnixarlng. How-
ever, the original bill authorlaed the Fred-
dent to make money awards, not to exceed
$10,000, to each Individual awarded the
Medal of Soleooa. Oongreas eUmlnatad this
pcovMon. It to my samaM convlctloBi that
Om Medal of Selanea awards wni provlda <ar
jjgalnr tnoaottvea tn aopport of our «on-
^t^^^^ i»>«Arm^ pi'ogress and supremacy In

sdezioe and engineering, if tiEia honor of tha
award is rslnf oroad by a wihaUntlal payment
of money. For tiiat reaaosi. I plan to intro-
duce, diirlng the naat seaslnn at Congraas,
a biU irtiich woxUd anthcrtas tha Presldait
to make such payments. Bhoold tha Con-
grees again reject this providon. I hope that
American commerce and industry, tn their
own lnt««st, wUl make tha necessary funds
avallabte.

Next. I should like to discuss some other
requlremraU <rf a legUlative program for
astronautics. In the Interests of brevity, I
will confine myself to two: adequate author-
ity and organization in the executive bramdi
of the Government; and the level of funding.
During the last session of Congress, the
Committee on Science and Astronautics hrid
extensive hearings on a bill (H.R. 1304fi) in-
troduced at the request of President Bsen-
hower to make certain amendments to tha
National Aeronautics and Space Act of 1968.
AlOiough reported favorably by the commit-
tee and passed by the House, the bill was
never brought up in the Senate. There Is
little doubt that some of Its major provisions
will l>e reconsidered when the new CongraM
convenes next January.

First, the bill abolished the National Aero-
nautics and Space CouncU and the Civilian-
Military Liaison Committee. These organi-
zations were created to bridge the gap be-
tween the separate civilian and nmitary
space programs authorised by tha National
Aeronautics and Space Act. "n»e OotmcU
had the still broader ptupoee of tntegrattng
our national space policy wHh our nattooal
pc^lcy as a whole. It was the Intended func-
tion of both organzlations to facilitate the
planning and conduct of space aetlvtttos ao
aa to avoid dupUeatlon, coordlaata avaaa c<
common Interest, identify problems and
change Informatitm. In my Jiidgment. tfe
coordinating and Intagratlag functions are
aasentiaL The only question Is whether tha
Spaoe Act provided appropriate machinery.

In practice, as many witnesses have teatl-
fled, the Elsenhower administration mads
UtUe use of either the Space CouncU ot the
Liaison Committee, It did. howevw. estab-
lish a new liaison committee to replace the
one created by statute — ^thereby acknowledg-
ing the importance of the function.

Without venturing to predict whether t*e
Kennedy administration win keep, abolish or
<aiangs the Spaoe CouncU or the Uaiaon
Committee. I beUeve steps wlU soon be taken
to easuiv that their Intended Integrating
and coordlnatlxig functions will be properly
performed. During his campaign, Presldwit-
elect Kennedy made tiie following state-
ment:

-We mvst have more effective centra tiaad
direction and coordination of our mJasUa and
space programs, which would assign goals to
the various military and clvUlan agendas
oonoemed. clarify their roles, and integrate
research and development Into overall na-
tional planning In the light of overall na-
tional needs. This coordination of ^ort
wouhl combat waste. dupUcatlon, and oon-
ruaion. and would provide the programs with
the impetus, heretofore ladrtng. which only
ixttalllgent direcUon can supply." (As ra-
ported by Space Age News on Oct. 94. 1900.)
Secondly, the proposed National A«PO-
nautics and Space Act Amendments of 1960
woiUd have relaxed the preeent provisions re-
lating to patents. Under the present Uw,
the Administrator is required to take title to
Inventions made in the performance of re-
search and development contracts, unless ha
determlnee that a waiver of the Oovara-
ment's righU would serve the beet Intsrssta
of the United SUtas. Clearly, the presMt
law puts its emphasis on taking title. The
proposed amendoaent would give the NA8A a
greater measure of discretion.

I fayor this change, bscaasa It would en-
able tha NASA to adapt Its patent pOUdas

I

i

-tAC-t

rr\binxiV9SJCit4kJ. RFmRD — SBNA11S

131

I\

,

If 1

130

CONGRESSIONAL RECX)RD — SEN ATB

January

5

1961

CONGRESSIONAL REOOSD — SaiNAllS

131

: y

m

and practices to bqXX partictilar clrciun-
stances. There may be caaes where Govern-
ment ownership will be necessary — for ex-
ample, a sclentlflc breakthrough or a medi-
cal discovery that should be available to
everybody. On the other hand, the NASA
should be free to enter Into research and de-
velopment contracts, on terms attractive to
the contractor, where the Interests of the
Oovenunent do not require acquisition of

title.

Under the proposed amendment, the Gov-
ernment wovQd retain a royalty-free license
to use all inventions made in the course of
NASA contracts. Furthermore, whenever
the Administrator found that the national
security or the public Interest so required,
he could take full title to the patent rights.
At the same time, however, private enter-
prise would have greater incentives to enter
into NASA contracts, and to develop inven-
tions and discoveries that might be patent-
able. I believe this amendment would pro-
tect both the public Interest and the equities
of the contractor.

Now 1 should like to mention a third, rela-
tively minor, feature of the National Aero-
nautics and Space Act amendments. The

provision autborlsing the NASA to conduct
a |H-ogram of international cooperation in
astronautics would be made mandatory.
1 favor such a change. It U true that the
NASA has conducted a program of interna-
tional cooperation. But there have been
doubts, which I share, whether the program
was adequately conceived or carried out.
The proposed change would emphasise the
Intent of Congress that the NASA should
conduct a vigorous and effective program of
International astronautics.

Lastly, we come to the question of fund-
ing. As you know, the current NASA budget
is almost $1 bUUon. In the 10-year budget
forecast which the NASA presented to Con-
gress during the likst session, the projeetwl
average level of funding is roughly ♦1.8 bil-
lion a year. Only the future can tell us for
certain whether this amoimt will be large
enough. However, many qualified observers
believe that the 10- year goals set by NASA —
the schedule of events — may be too modest
and too conservative. For example. Congress-
man OvxRTOW Bbooks, the chairman of the
Committee on Science and Astronautics, has
said that "Federal funding of the space pro-
gram must of necessity increase year by year";

and has described the NASA lO-year budget
forecast as unreaUstic "(the Pluoe of Oo»-
emment in the UUllzation of 8p«)e," addrMi
at the University of Callfomia. Los Ancslaa.
AprU 18. 1960). My personal view la that
the level of funding projected by the NASA
will prove to be too low either to meet our
Soviet competition or to exploit the poa-
sibilltles of advancing teclinology.

In conclusion, let me once more stress the
unity of solenoe and astronautlca. Ifanj
people are used to thinking that aatronautlos
merely competes with other fields of science
for money and resources. But astronautics
and the basic sciences also reinforce each
other. For example, the director of the
Smithsonian Astrophysical Laboratory has
said that more astrophysical Information was
gathered during the first few weeks of the
space age than had been accumulated in the
preceding century. Let us therefor* take
counsel of the ancient faith that the universe
we live in is all one piece, and that what we
learn about any part of it wUl help us un-
derstand the whole. By promoting astro-
nautics we will inevitably promote all sclenc*
and, to a significant extent, all knowledge.

SENATE

Thursday, January 5, 1961

{Legislative day of Wednesday. Janu-
ary i, 1961)

The Senate met at 12 o'clock meridian,
on the expiration of the recess, and waa
called to order by the President pro
tempore (Hon. Carl Hayden, a Senator
from the State of Arizona).

The Chaplain, Rev. Frederick Brown
Harris, D.D., offered the following
prayer:

O God, our Father, who art love and
light and truth, we turn unfilled to Thee.
In a world where the very foundations
seem to be shaken, we cherish this
hushed and hallowed moment which so
long ago the Pounding Fathers set apart
as an altar of prayer at the day's be-
ginning.

Here, with contrite hearts, we would
be sure of Thee and of spiritual resources
before facing the high solemnities of
waiting tasks. Grant that those who in
this fateful day by the people's choice
have been called to high places of state,
facing responsibilities as heavy as the
servants of the commonwealth have ever
borne, may be filled with the spirit of
wisdom and understanding, the spirit of
knowledge, and the fear of Thee.

In an hour when such vast issues are
at stake for all the world, may those who
here serve, copscious of the great tra-
dition in which they stand, rise to great-
ness of vision and soul, as the anxious
eyes of all the nations are fixed upon this
Chamber.

Together, with full purpose of heart, in
Thy might unafraid, send us forth to
meet the issues of this crucial year as in
the name of the Lord, our God, we set
up our banners. We ask it in the dear
Redeemer's name. Amen.

Journal of the proceedings of Wednes-
day, January 4, 1961, was dispensed with.

MESSAGE FROM THE HOUSE
A message from the House of Repre-
sentaUves, by Mr. Bartlett, one of its
reading clerks, annovmced that the
House had passed a bill (H.R. 1723) to
amend the joint resolution providing for
observance of the 175th anniversary of
the Constitution, in which it requested
the concurrence of the Senate.

HOUSE BIUj REFERRED
The bill (H.R. 1723) to amend the
Joint resolution providing for observance
of the 176th anniversary of the Con-
stitution, was read twice by its title and
referred to the Committee on the Ju-
diciary.

ADDITIONAL REPORT OP A COM-
MITTEE SUBMITTED SUBSEQUENT
TO SINE DIE ADJOURNMENT (8.
REFT. NO. 1948)

Under authority of the order of the
Senate of August 26, 1960. Mr. Wn-UAXs
of New Jersey, on December 30, 1960,
from the Select Committee on Small
Business, submitted a report entitled
"Government Competition With Busi-
ness: Refrigerated Warehousing"; which
was printed.

1

THE JOURNAL

On request of Mr. Mansficld, and by
unanimous consent, the reading* of the

REPORT ENTITLED "GOVERNMENT
COMPETITION WITH BUSINESS:
REFRIGERATED WAREHOUBINa,"
SUPPLEMENTAL VIEWS— PART 2
OF REE»ORT NO. 1948

Mr. SPARKMAN. Mr. President, I
ask unanimotis consent for the printing
of the attached views of Senator Amdrkw
F. ScHoxppBL. a member of the Senate
Select Committee on Small Business,
which views are supplemental to Senate
Report 1948, "Government Competition
With Business: Refrigerated Ware-
housing," and that the views be made

part 2 of this report and be dated De-
cember 31, 1960.

The PRESIDENT pro tempore. With-
out objection, it is so ordered.

MEETING OP THE TWO HOUSES FOR
OFFICIAL COUNT OP ELECTORAL
VOTES

Mr. MANSFIELD. Mr. President. I
wish to announce to the Senate that
imrsuant to Senate Concurrent Reso-
lution 1, adopted on Tuesday, the Sen-
ate and the House will meet In the Hall
of the House of Representatives at 1
o'clock on Friday, for the ofBcial count
of electoral votes.

TRANSACTION OF ROUTINE
BUSINESS

Mr. MANSFIELD. Mr. President.
under the unanimous-consent order
entered yesterday, there will be a morn-
ing hour for the introduction of bills and
the transaction of routine business. At
the conclusion of morning business, the
Senate will return to the oonsideration
of the business before it when it took
the recess on yesterday — the motion of
the Senator from Minnesota [Mr.
HiTMPRitKTl that the Senate resume the
con8iderati(xi of Senate Reeolutiim 4.
Senator Anderson's resolutlc»i, as modi-
fied. Pending before the Senate is the
Humphrey-Kuchel substitute for the
Anderson resolution.

Mr. President, I assume that, as usual,
the 3-minute limitation will be observed
during the course of the morning hour.

Mr. DIRKSEN. Mr. President, will
the majority leader yield?

Mr. MANSFIELD. I yield.

Mr. DIRKSEN. I assume that, Im-
pliedly, that is a unanimous-consent re-
quest.

Mr. MANSFIELD. Mr. President. I
ask unanimous consent that any dlsciis-
sion during the course <A the morning
hour be limited to 3 minutes.

The PRESIDENT pro tempore. With-
out objection

Mr. IHRKSEN. Mt. Preald»t. re-
serrtng the right to object, although I
ffHmii not object. I wish to state that I
hope we can phrase this request so that
the time— 8 mloutes— ts the limit on
each Senator, r^ardless of the subject
matter or the nnmtar of items he may
wish to present.

We remember all the grousing there
was In the last sessiqp because a Sena-
tor would address himself to a specific
matter for 3 minutes; and then would
say, "Mr. President. I have anotiier mat-
ter," and then would take another 3
minutes: and when that was com-
poimded for quite a number of Senators,
It developed a real inconvenience for
those who had friends from home, who
had luikcheon engag«nents. or who had
other engagrments.

I believ« tt should be made crystal
clear now, rinoe this Is not a rule of the
Senate— It is only an understanding of
accommodation, as a matter of fact — so
there win be a clear limit of 3 minutes
on each Senator, regardless of the niua-
ber of items he has to dispose of, and so
that the Ume Umit will be strictly en-
forced.

Mr. MANSFIEXD. Let me say ttiat I
max in wholehearted accord with what
the distinguished minority leader has
said; and I state further that it Is my
hope, and I hope my colleagues will
agree wMh me. that bisofar as recogni-
tion is concerned, from now on It will
not be on the basis of whose name is at
the desk of the Presiding Officer, but
will be on tiie basis of who is first on his
feet, addresses the Chair, and is recog-
nneo.

Mr. PASTORE. Mr. President, will
the Senator from Montana yield?

Mr. MANSFIELD. I yield.

Mr. PA8TORE. Do I correctly onder-
stand that the suggestion made by the
minority leader is part ot the unani-
mous-consent request?

Mr. MANSFIELD. I make it part of
the \inft"'*»*n«iK-«Mint»nt request.

The PRESIEttNT pro tempon. Is
there objectkmr

Mr. RUSSELL. Mr. President, reserv-
ing the right to object, although I shall
not object, let ne ask whether I cor-
rectly understand that the S-minute lim-
itatioa applies to routine busteess, sueb
as the presentation of memorials and
petitions and the introduction of new
matter, but does not relate to any con-
sideration of any general business before
the Senate.

The PRESIDENT pro tempore. It
applies only to routine momlnc business.

Mr. MANSFZEU>. Mr. President, has
the Chair mled on the unanimous-con-
sent request, as modified, by the sugges-
tion of the Senator from nunois?

The PRESIDBNT pro tempora. Is
there objeettaar The Chair hears none;
and tt Is 80 ordered.

tions be perattfeed to meet bctwMB ws
hours of 2 and t o'eloek toda^.

The PRKSirgmiT pro tempore. With-
out ohjeetion. tt is so ordered.

COMMITTEE MEETING DURDiO

SENATE Bsasias

Mr. MANSFIELD. Mr. President I
ask tmanimous cmsent that the Perma-
nent Subcommittee on Investigatlocs of
the Coounittee on Government Opera-

EXBCOnVB OOMMUNICATIOWB,
ETC.

The PRESIDENT pro tempore laid be-
fore the Senate the following letters,
which were referred as indicated:

AflCXBTAXNlCZKTS OT KXCTCMM VOB PUCSIDKMT

Axo Vice PsxsninrT
Two letters from tbe Administrator at
Oenerftl Btrrkntm Artmlntstratton. transmit-
ting, pursuant to lav. oOkdal copies of as-
certainment of electors for PreEddent and
Vice President from the States of Alabama.
Alaska, Arlsona, Arkansas, California, Col-
orado, Connecticut, Delaware, Florida,
Oeorgla, Hawaii, Idaho, nilnolB, Indiana.
Iowa, Kansas, Kentucky. LoulKiana, Maine,
Maryland. MaMSCbusetts, Michigan, Mia-
naaote, Mtastsalpirt, Missouri. Montana. Ne-
tanMka. Mcrada. New Hampshire. New Jer-
sey. New Mexico. New York, North Carolina,
North Dakota. Ohio. OUaboma, Oragon,
PwmaylTanla. Rhode Island. SoaUi Oaroliaa,
South Dakota. Tenneseee, Texas. Utah, Ver-
naont. Virginia, Washington. West Virginia,
WtacoDsln, and Wyoming (with the accom-
panying papers) ; ordered to lie on the table.

Bbpokt on CoirrascTs Nkootutkd mr Na-
TiORAi. AsaotrAVncB and Stacx Adkixis-

TSATIOM

A lettar from the Assistant Administrator
for Congrsaatonal BelatlODa. National Aero-
nautics and Space Administration, Wash-
ington. D.C.. traaamittlng, pursuant to law,
a report covering contracts negotiated by
that Administration, for tbe period January
1, i960, through June 30. i960 (with an ao-
companylng reptort); to the Committee on
Aeronautical and Space Sciences.

AMZNSKzzrr or Act RBLArxKo to Simaios
Natioxal FoBxsr, Moor.
A letter from the Acting Secretary of Agrl-

ctature, transmitting a draft of propoeed
legislation to amend the act of June 22,
IMS, as amended, relating to certain areas
wlUiin the Superior National Forest, In the
State of Minnesota, and for other purpoaea
(with an accompansrlng paper); to the Com-
mittee on Agriculture and Forestry.

Bspoan or Gomui. BAum MaM*«m.

OOMMOORT CUPIT COUKMUTKUr

Foiu- letters from the Acting Secretary of
Agrlctiltxire. transmitting, pursuant to law.
reports of the General Sales Manager, con-
cerning the policies, activities, and develop-
ments. Including aU sales and disposals. wit3i
regaxtf to eadi commodity whldi the Oom-
nKXttty Oredtt Corporation owns or which it
Is dlreetsd to support, for the months of
April. May. June, and July 1960 (with ac-
compaayteg reports); to the Committee on
Agrlcultura and Forestry.

BSPOBT OM LiQTTIDATION Of STOCKS 09 AiSX-

coxToaAi. Ooaafooras sam MMUJUiam or

Mabxxts roa Subtlob AoBZCULTuaAL Com-

icooinss

A Ittter from tb» Under Secretary of Agri-
culture. tranBaaittlng. puraiuat to law, a r^
port of ths Saeretary at Agrleultiirs satltlsd
"Orderly Uquidattoo ot Stocks of Agrteul-
tural Oommodltles Held by the Commodity
Ondit Gorparatian and the KKpansion ct
Markets for Surplus Agricultural Com-
modities.'' dated October 1900 (with an ac-
companying report); to the Cosnmlttee on
Agricvilttire and Forestry.
Bsjoara OH AusKSMUjB OoiroLTOBP TTmm

AaUCULTOBAL ^tAOB DSTSLOPICXIIT ASTD AS-

SI8TAOTCC Act

Tliree lettecs from the Administrator. Vor-
•tgu Agricultural Serrlcs, DspartmenS s(

traasmlttioc. paesaant to law.

> on s^presosento ooocluded during ttas

months ot August. September, and Novem-
ber 19e0, under title I of tbe Agricultural
T^ade Development and AssUtanoe Act of
lOM, M amended (with accompanying re-
ports) : to ttie Committee on Agriculture and
Forestry.

A leUer from the Acting Administrator,
Foreign Agricultural Service. Department of
Agriculture, transmitting, pursuant to law,
a re|x>rt on agreements concluded during the
month of October 1960, \mder title I of tbe
Agricultural Trade Development and Aaslst-
anoe Act of 1964, as ameoded (with an «•>
cmnpanying report); to tbe Committee oa
Agriculture and Forestry.

BEPOBT or FABSC CBSDZT ASlOHISXBAXIOiSr

A letter frcMu the Governor, Farm Credit
Administration, Washington. DX)^ transmit-
ting, pursuant to law, the annual report of
that Administration, for the fiscal year ended
June SO. 1900 (with an accompaoylzig re-
port); to the Coounittee on Agricaltnre and
FcHWtiy.

or NaTsoxAi, FoaasT BBSiBvsnov
OoMMxasiow (8. Doc. No. S)

A letter from the President, National For-
est BeservaUom Oommtsaioo. Washingtca,

D.C., transmitting, pursuant to law, a report
of that Commission, for the fiscal year ended
June 30, 1960 (with an accompanying re-
port) ; to the (Committee on Agriculture sad
Forestry, and ordered to be printed.

s or

OM

AmonoA'

A letter from the Secretary of Ccanmeroe.
reportii^ pursuant to law. the overobU|^
Uon of an approptiatian in tbe Bureaii of tbe
Census, during the fiscal year 1960; to the
Oommlttes of Api»t}pnatlons.

A letter from the Deputy Oecrstary of De-
fense, transmitting, pursuant to law. 49
reports oovering 40 ovwobUgations of appro-
priations within that DqMrtment (with
accompanying reports) ; to tbe Committas on
Appropriations.

A letter from the Secretary of Health, Bdu-
catlon. and Welfare, reporting, pursuant to
law. certain violations of administrative con-
trol of funds procedures in connectton with
tbe obligation of funds in esoess of amounts
aUotted from an appropriattosi of that De-
partment, as of June SO, ISie (with an ae-
ccHnpanylng ptLper); to tbe OoBuntCteo on
AK>ropriatlona.

A letter from ths Acting Secretary of
Health. Bducation. and W^lsi*. repotting,
pursiiant to law, certain violations of admin-
istrative control of funds procedures In con-
nection with the obligation of funds In ex-
cess of amounts allotted from two of the
appropriations of that Department, as of
June 80. 1958, and Decemljer 81, 1959 (with
an accompanying paper) ; to the Committee
on Approprlatlona.

A letter from the President, Panama Omm^
Company, Balboa Heights. C.Z., reporttag,
pursuant to law, tbe violation of Panama
Canal Company 1960 allotments; to the Osm-
mittss on Appropriatioas.

ttmromrm on R«Arvu«iiuw>iiin or
ArpaonoATxairs

Nine letters from tlie Dtrector, Bureau of
the Budget, executive Office of the President,
dated A\igust 16, September 29, 8ept«mT>er
as. OeSsber S. November 7, December e. and
Dsesmber 33. I960, respectlvoty, rqwrthig.
pursuant to law, that sundry appropriations
in the various departmanU were reap-
portioned on a basis vbioh Indicates tho
necessity tor supplemental estifnat^is ot mp-
propdatlozis ; to tbe Committee on Appro-
priations.

Thirteen laCten from the Acting Dtreotor.
Bureau of the Budget, Ksscutlve OflBoe of tbs
President, dated September S. September Ut.
September 10. September 14, Septembv 87,

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January .5

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132

CONGRESSIONAL RECORD — SEN ATE

January 5

1961

CONGRESSIONAL RECORD — SEN ATE

133

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October S, October 3, October 3. October 8.
October 3, November 4, December 27, and
December 29, 1960, respectively, reporting,
pursuant to law. that sundry appropriations
In tta« various departments were reapp>or-
tloned on a basis which Indicates the
neoeeslty for supplemental estimates of
appropriations; to the Committee on Appro-
priations.

Rkpokt on Judgments Rxndksed bt UB.
CousT or Claims (S. Doc. No. 4)

A letter from the clerk, UJB. Court of
Claims. Washington, D.C., transmitting, pur-
suant to law, a report on all Judgments ren-
dered by that court, for the year ended Octo-
ber 1, 1960 (with accompanying papers); to
the Committee on Appropriations, and or-
dered to be printed.

RXPOmr OK ICZUTAKT OOMSTHtTCnON CON-
TKACTS AWARDID WrTHOrrr FV}KMAL Advkk-
TlSHfO, DKPASTMENT or THE Aemt

A letter from the Secretary of the Army,
transmitting, pursuant to law, a report of
that department on military construction
contracts awarded without formal advertis-
ing, during the period January 1, through
June 30, 1960 (with an accompanying re-
port) ; to the Committee on Armed Services.

Rbpobt on Puoht Pat, Dkpastmxnt or thx
Abmt

A letter from the Secretary of the Army,
transmitting, pursuant to law, a report on
the Department of the Army aviation per-
sonnel above the rank of major, for the
period Jxily 1 to December 31, 1960 (with an
accompanying report) ; to the Committee on
Armed Services.

Bbpokts on Numbzs or Akmt Omcxas As-

BIONXD TO HEAOQTJARTKaS AOKNCIBS Or DB-

rABTMEirr or tbz Akmt

Two letters from the Secretary of the
Army, transmitting, pursuant to law, reports
of the number of officers on duty with Head-
quarters, Department of the Army, and the
Army General Staff as of June 30, 1960, and
September 30, 1960 (with accompanying re-
ports) ; to the Conunittee on Armed Services.

Pbopossd TRANsm or Obsoutr Obonancs
Matbuai. to State or Washington

A letter from the Secretary of the Navy,
reporting, pxirsuant to law. the proposed
transfer of certain obsolete ordnance mate-
rial to the State of Washington; to the Com-
mittee on Armed Services.

PBOPOSXD TRANSnCR BT NaVT DEPARTMENT OV

Submarine to XJB. Stjbmarinb Vetbranb
or WOBLD Wab n

A letter frtan the Assistant Secretary of
the Navy (Material), reporting, pxirsuant to
law. the proposed transfer of the submarine
Flasher to the VS. Submarine Veterans of
World War II: to the Committee on Armed
Services.

Rbpobt on Miutabt Construction Contbactb

AWABSat WITBOUT FORMAL ADVOHIBINO. DB-
rABTMBNT Or THB NAVT

A letter from the Assistant £(ecretary of
the Navy (Materiel), transmitting, pursuant
to law, a report of that Department on mili-
tary construction contracts awarded without
formal advertising, during the period Jan-
uary 1, 1960. to June 30, 1960 (with an ac-
companying report); to the Committee on
Armed Services.

Construction or Cbbtain PAdLrms ro» Ant
National Ouabo at Van Nxnrs Municipal
AiBPOBT, Calit.

A letter from the Assistant Secretary of
Defense, reporting, pursuant to law, on the
construction, strengthening of existing park-
ing npron and transition areas, and modifica-
tion of existing washrack at Van Nuys
Municipal Airport, Calif., for the Air Na-
tional OuBTd at an estimated cost of
•476.000; to the Oommittee on Armed
Services.

RBPOBT ON RSAL AND PERSONAL PROPBBTT OT

Dbpabtmbnt or Dbtbnsb

A letter from the Deputy Secretary erf De-
fense, transmitting, pursuant to law, a re-
port of the Department of Defense relating
to real and personal property, as of June
30. 1960 (with an accompanying report); to
the Committee on Armed Services.

iNDBMNinCATION Or CXBTAIN CONTRACTOBS
AOAQCBT NUCLXAB AND OTHXB UNUSUALLY

HAZABooxn Risks

A letter from the Deputy Secretary of De-
fense, transmitting a draft of proposed legis-
lation to authorise the Department of De-
fense to indemnify Its contractors against
nuclear and other unusually hazardous
risks, to limit the liability of contractors
so Indemnified, and for other purposes (with
accompanying papers) ; to the Committee on
Armed Services.

Rbcomputation or Rktibbment or Retainbb
Pat or Cebtain Persons

A letter from the Deputy Secretary of De-
fense, transmitting a draft of proposed legis-
lation to provide that those persons entitled
to retired pay or retainer pay under the
Career Compensation Act of 1949 who were
prohibited from computing their retired pay
or retainer pay under the rates provided by
the act of May 20, 1958, shall be entitled to
have their retired pay or retainer pay re-
computed on the rates of bctfic pay provided
by the act of May 20, 1958 (with an accom-
panying paper); to the Conunittee on Armed
Services.

* Authorization or Patmbnt or Costs pob
CntTAiN U.S. Nationals BsroRB Forbicn
Tribunals

A letter from the Deputy Secretary of De-
fense, transmitting a draft of proposed legis-
lation to amend section 1037 of title 10,
United States Code, to authorize payment of
costs for certain U.S. nationals before foreign
tribunals (with an accompanying paper); to
the Ooixunltte on Armed Services.

Reports on Militart Procurement Actions
roB Experimental. Dkvblopmbntal, ob Rs-
sxARCH Work

A letter from the Assistant Secretary of
Defense (Supply and Logistics), transmit-
ting, pursuant to law. reports submitted by
the Departments of the Army. Navy, and Air
Force, on military procurement actions for
experimental, developmental, or research
work, for the period January-June 1960 (with
accompanying reports) ; to the Committee on
Armed Services.

Amendment or Trruc 10, Unitbd States
Code, Rblatino to Annuitixs Basxd on
Rxtirxd or Retaindi Pat

A letter from the Secretary of the Air Force,
transmitting a draft of proposed legislation
to amend title 10, United States Code, with
respect to annuities based on retired or re-
tainer pay, and for other purposes (with ac-
companying papers); to the Committee on
Armed Services.

Rbpobt on Pboposxd DnposmoN or Cbbtain

QUINIDINB

A letter from the Administrator, General
Services Administration, Washington, D.C..
transmitting, pursuant to law, a notice of
the proposed disposition ot approximately
453,000 ounces of qulnldine now held in the
national stockpile, and published in the
Federal Register (with an accompanying
pi^MT) ; to the Conunittee on Armed Services.

Rbpobt on Proposed Disposition or Czrtain
Maonxstum Scbat

A letter from the Administrator, General
Services Administration, Washington, D.C,
transmitting, pursuant to law, a notice of
the proposed disposition of approximately
3,624 short-tons of magnesium scrap now
lield in the national stockpile, and published

m the Federal Register (with an accom play-
ing paper); to the Committee on Armed
Services.

Nonca or Pboposbd DuposmoH or Cbbtain
Coauu.TirBRous Matzrials

A letter from the Administrator, General
Services Administration. Washington, D.C.
transmitting, pursuant to law, a copy of a
notice to be published In the Federal Regis-
ter of a proposed disposition of approxi-
mately 108.808 pounds of cobaltlferous ma-
terials now held in the national stockpile
(with an accompanying paper) ; to the Com-
mittee on Armed OerTlcee.

Noncz ow Proposxd DispoemoN or Cbrtain

MfeTALLUROICAL CHROMTTB OBB AND FBBBO-

OHBOMB Allot*

A letter from the Administrator, General
Services Administration. Washington. D.C,
transmitting, picrsuant to law. a copy of a
notice to be published In the Federal Reg-
ister of a proposed dispositioo of ap-
proximately 80.750 long tons of low-grade
domestic metallurgical chromlte ore and con-
centrates and approximately 161.000 pounds
of varloxis ferrochrome alloys now held in the
national stockpile (with an accompanying
paptt) ; to the Committee on Armed Services.

Rbpobt on Stratsozc and Cbitical ManRiALa
Stocxpilzno Pboobam
A letter from the Director, Oflloe of Cavfi'
and Defense Mobilization, Executive Office of
the President, transmitting, ptirsuaat to law,
a semiannual report on the strategic and
critical materials stockpiling program, for
the period January 1 to June 80. 1900 (wltta
an iMxompanying report) ; to the Oommltte*
on Armed Services.

t

Rbpobts on Civil and Dbtbnbb Mobilibatiom
Contribution
Two letters from the Director, Office of
Civil and Defense MobiUzaUon, Executive
Office of the President, transmitting, pxirsu-
ant to law, quarterly reports on civil and de-
fense mobilization contributions, covering
the quarters ended June 30 and September
30, 1960 (with acc<»npanylng reports); to
the Committee on Armed Barviees.

Rbports on Propbbtt Acquisitions, OmcB
or Civil and DBrzNsx Mobilization

Two letters from the Director and Acting
Director. Office of Civil and Defense Mobiliza-
tion. Executive Office ot the President, re-
porting, pursiiant to law, on property acqui-
sitions by that Office, for the quarters ended
June 80. 1980. and September 80. 1960; to the
Committee on Armed Services.

Rbpobt on Abmt Procubzmbnt AcnoNa.
Rbbbabcb and Dbvblopmbnt
A letter from the Director of Researdi and
Development, Department of the Army.
transmitting, pumsaat to law, a report on
Department of the Army research and de-
vriopment contracts for 860,000 or more
wlilch were awarded during the period Janu-
ary 1, 1960, through June 30. 1980 (with an
accompanying report) ; to the Committee on
Armed Services.

Rbport on Navt Procxtrbmbnt Actions, Rb-
sbarch and dcvblopmbnt

A letter from the Acting Assistant Chief
of Naval Material (Procurement) , transmit-
ting, pursuant to law. a report on Depart-
ment of the Navy research and development}
contracts for $50,000 or more which wera^
awarded during the period January 1,
through June 30. 1960 (with an accompany-
ing report); to the Committee on Armed
Servloes.

Report on Rxsrarcr and Dbtxlopmknt
Procurement Actions, Dbpabtmbnt or
THB Air Forcz

A letter from the Deputy Director. Legisla-
tive Liaison, Department of the Air Force.,'
transmitting, pursuant to law. a report ot'

that Department entitled "Semiannual Re-
■aaroh »"«* Development Procurement Ac-
tions Report." covering the period January
1 1980. through J\me 80. 1960 (with an ac-
companying report); to the Conunittee on
Armed Berrloes.

rkpobt on Numbbb or Am Fobcb OmcBBS
AaaxoNm to 8bat or Ootbrnmbnt

A letter from the Director, Legislative
Liaison. Department of the Air Force, report-
ing, pursuant to law. that as of the end of
the first quarter of fiscal year 1961, Septem-
ber 30, 1960. there were 2,809 officers of the
Air Force assigned to the seat of govern-
ment; to the Committee on Armed Services.
Rbpobt or Mojtabt Chaplains Association
or THE United States or Amebsca

A letter from the secretary-treastirer, the
Military Chaplains Association of the United
States of America. Washington, D.C, trans-
mitting, pursuant to law, a report of that
association, for tbe calendar year 1960 (with
an accompanying report) ; to the Committee
on Armed Services.

Rbpobt on CoMFErrnoN in Stnthehc Rue-
Indubtrt

A letter fitjm the Attorney General, trans-
mitting, purstiant to Uw. a report on com-
peUUon In the synthetic rubber industry,
for the calendstr year 1969 (with an accom-
panying report) ; to the Committee on Bank-
ing and Currency.

Rbpobt on Bxpobt Contbol

A letter from the Secretary of Commerce,
transmitting, pursuant to law. a report on
export control, for the third quarter, 1960
(with an accompanying report) ; to the Com-
mittee on Banking and Currency.
REPoara on Awabds or Aemt, Hatt. and Aib

FoaoE Pbimb Contbacts to Small and

Other Business Firms

A letter frcnn the Acting Assistant Secre-
tary of Defense (Supply and Logistics), De-
partment of Defense, transmitting, pursuant
to law. a report on Army, Navy, and Air
Ftorce prime contract awards to small and
other business firms, for the month of June
1960 (with an accompanying report) ; to the
Committee on Banking and Currency.

Two letters from the Assistant Secretary
of Defense (Supply and Logistics). Depart-
ment of Defense, transmitting, pursuant to
law. a report on Army, Navy, and Air Force
prime contract awards to small and other
business firms, for the months of July. Au-
gust, and S^tember 1960 (with acccnnpany-
Ing reports) ; to the Committee on Banking
and Currency.

Rbpobt or SacBBTABT or thx Sbnatb

A letter from the Secretary of the Senate,
tranamltting, pursuant to law. his rei>ort of
taoelpts and expenditures, for the period
July 1. 1960. to June 80, 1980 (with an ac-
coa^Muiying report); ordered to lie on the
table and to be printed.

ON ACTlVITiaS AND TBANBACTIONS

Undbb Mebchant SHIP Sales Act or IBM
Two letters from the Secretary of Com-
merce, transmitting, pursuant to law, re-
ports of the Maritime Administration, De-
partment of Commerce, on the activities and
transactions under the Merchant Ship Sales
Act of 1046. for the periods AprU 1, 1960,
through J\me 80. 1960. and from July 1. 1960.
through September 30, 1960 (with accom-
panying reports): to the Committee on In-
terstate and Foreign Commerce.

RXFOBT ON PBOVmON Or CERTAIN DtaDBAMOl
FOR AMBBICAN PEOPLE

A letter from the Secretsiry of Commerce,
transmitting, purstiant to law. a report on
the provision for war risk Insvirance and cer-
tain marine and liability Insurance for the
American publle, as of September M. 1900
(with an accompanying report) ; to the Oom-
mittee on Interstate and Foreign Commwrce.

RzpoBT ON Pbovision OP AviATum Wab Ri«k poTt) ; to the Committee on Interstate and
Insurance Foreign Commerce.

A letter from the Secretary of Commerce,
transmitting, piuvuant to law. a report on
the provision of war risk insurance, as of
September 80. 1960 (with an accompanying
report) ; to the Committee on Interstate and
Foreigpi Commerce.

Rbpobt on Commib8abt Activitibs Outbide
Continehtal United States

A letter from the Acting Secretary of Com-
merce, submitting a negative report for fiscal
year 1960, on commissary activities outside
the continental United States; to the Com-
mittee (« Interstate and Foreign Commerce.

Regulation or Depreciation Accounting or
Air Carriers

A letter from the Chairman, Civil Aero-
nautics Board, Washington, D.C, transmit-
ting a draft of proposed legislation to amend
the Federal Aviation Act of 1958 so as to
authorize the Civil Aeronautics Board to
regulate the depreciation accounting of air
carriers (with accompanying papers) ; to the
Committee on Interstate and Foreign
Commerce.
repobts on Licensed Htdroblbctric Pboj-

bcts and Personnel or Fbdbial Poweb

OOMMXBBION

A letter from the Acting Chairman, Fed-
eral Power Commission, transmitting, pursu-
ant to law, reporta on licensed hydroelectric
projecta and personnel of that Commissi cm,
for the fiscal year ended June 80. 1960 (with
accompanying reporta); to the Committee
on Interstate and Foreign Commerce.

rbpobtb on Backlog or Pending Applica-
tions AND Heabing Cases. Fedebal Com-
munications Commission
rovT letters from the Chairman and Act-
ing Chairman of the Federal Communica-
tions Commission, Washington. D.C. trans-
mitting, purstiant to law, reporta on backlog
of pending applications and hearing cases
In that Commission, as of June 30. 1960,
July 31. 1980. August 81. 1960, and Septon-
ber 30. 1960 (with accompanying reptHts);^
to the C^mimlttee on Interstate and Foreign
Commerce.

Pttbucattons or Fedebal Power Commission
A lettM* from the Chairman, Federal Power
Commission, transmitting, for the informa-
tion of the Senate copies of the following
publications of that Commlssior: "Map.
Major Natural Gas Pipelines in the U.S.,
June 80. 1960." "Maps, Principal Electric
FaclUUes. 1960." "Electric Utility Depred-
ation Fractloes. 1968." "Statistics of Natural
Gas Companies. 1969." "Steam-Electric
nant Construction Cost aikd Annual Pro-
duction Expenses. 1969." "Hydroelectric
Plant Construction Cost and Annual Pro-
dvictlon Expenses. 1969." "Typical Electric
Bills, I960." "Uniform System of Accounta
Prescribed for Public Utilities and Licensees,
Classes A & B," "Uniform System of Ac-
counta Prescribed for Natxu^ Gas Com-
panies, Classes A ft B" (with accompanying
papers) ; to the Committee on Interstate and
Foreign Commerce.

Rbport or PACinc Marine Fisubribb
Commission

A letter from the Chairman, Pacific
Marine Fisheries Commission. Portland. Ore-
gon, transmitting, pursuant to law, a report
of tiiat Commission for the year 1969 (with
an accompanying report) ; to the Committee
on Interstate and Foreign Commerce.

RBPOBT or MuaATORT BiBD CONSERVATION

Commibsion
A l«tt« from the Chairman. Migratory
Bird Conservation Commission. Washington,
D C, transmitting, pursuant to law. a report
of that OommlMion. tot the fiscal year ended
June 80. 1960 (with an accompanying re-

Repobt oh Obnebal or the
John J. PaasHiNa Cemtrnnial
A letter from the Secretary of Defense,
transmitting, pursuant to law, a report on
the observance of the centennial celebration
of John J. Pershing, General of the Armies
(with an accompanying report ) ; to the Com-
mittee on the Judiciary.

Rbpobt on Claims Pad bt Department or
THB Abmt Undbb Miutabt Pebsonnbl
Claims Act

A letter from the Secretary of the Army.
transmitting, pvirsuant to law. a report on
claims paid by that Department imder the
Military Personnel Claims Act, during fiscal
year 1960 (with an accompanjrlng report);
to the Committee (m the Judiciary.
CoDincATioN or MaLttabt Law
A letter from the Deputy Secretary of De-
fense, transmitting a draft of proposed legis-
lation to amend titles 10 and 32. United
States Code, to codify recent military law.
and to Improve the code (with accompany-
ing papers): to the Committee on the
Judiciary.

Repobts on Patmbnt or Tort Claims
A letter trom the Secretary ot Commerce,
transmitting, pursuant to law, a report on
tort claims paid by that Department during
the fiscal year 1960 (with an accompanying
report) ; to the Committee on the Judiciary.
A letter from the Administrative Assistant
Attorney General, transmitting, pursuant to
law. a report of the administrative tort
ffiaims paid by the Department of Justice,
during the fLscal year 1960 (with an accom-
panying report): to the Committee on the
Judldary.

A letter from the Acting Secretary of the
Tteasxiry. transmitting, pursuant to law. a
report on tort claims paid by that Depart-
ment, for the fiscal year 1960 (with an ac-
companying report); to the Ccwnmlttee on
the Judiciary.

A letter from the Director, Office of Civil
.and Defense Mobilization, Executive Office of
the President, reporting, pvirsuant to law.
that one claim was paid under the Federal
Ttort Claims Act of 1946; to the Committee
on the Judiciary.

A letter from the Deputy General Man-
ager. U.S. Atomic Baergy Commission. Wash-
ington. D.C. transmitting, pursuant to law.
a report on tort claims paid by that Oommls-
ekm. from July 1. 1969. to June 80. 1960 (with
an accompan3rlng report) ; to the Committee
on the Judiciary.

A letter from the Administrator. Fedend
Aviation Agency. Washington, D.C. traas-
mitUng. ptirsuant to law. a report on tort
claims paid by that Agency, during fiscal
year 1960 (with an accompanying report);
to the Committee on the Judiciary.

A letter from the Administrator. General
Services Administration, transmitting, pur-
suant to law, a rqjort on tort claims paid by
that Administration, during fiscal year 1980
(with an accompanying report) ; to the Com-
mittee on the Judiciary.

A letter from the Deputy Administrator.
Veterans Administration. Washington, D.C.
transmitting, pursuant to Uw, a report on
tort claims paid by that Administration, dur-
ing the fiscal year ended June 80, 1960 (with
an accompanying report) ; to the Committee
on the Judiciary.

A letter from the Deputy Director, l^gls-
latlve Liaison, Department of the Air Force,
transmitting, pursuant to law. a report on
tort claims paid by that Department, dtuing
fiscal year 1960 (with an accompanying re-
port); to the Oommittee on the Judiciary.
A letter from the Secretary of the Army,
transmitting, pursuant to law. a report on
tort claims paid by that Department, during
fiscal year 1960 (with an accompanying re-
pOTt); to the Committee on the Judiciary.

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January 5

1961

CONGRESSIONAL RECORD — SENATE

135

i

I

A letter from the Deputy Director, Legla-
latlve Liaison, Department of the Air Force,
transmitting, pursuant to law, a report on
claims paid by that Department under the
Federal Tort Claims Act, for the fiscal year
19«0 (with an accompanying report); to the
Committee on the Judiciary.
Rkport on Patmint or Claims Aksbino

FEOM C0E«ECTI0N of Mn-TTART Recoeds

A letter from the Acting Secretary of the
Treasury, transmitting, pxirsuant to law, a
report covering claims paid during the 6-
month period ended June 30, 19«0, on ac-
count of the correction of military records of
Cocwt Ouard personnel (with an accompany-
ing report) ; to the Conmiittee on the Judi-
ciary.

RxPOST or DnscTOBS or Federal Prison
Inottstries, Incorporated

A letter from the Conunissioner, Federal
Prison Industries, Incorporated. Department
ot Justice. Washington, D.C., transmitting,
pursuant to law, a report of that Agency, for
the fiscal year 1960 (with an accompanying
report) ; to the Committee on the Judiciary.

Beport or AcrnvrriES or Lincoln Sesqihcen-
tennial Commission
A letter from the Chairman, Lincoln Ses-
qtilcentennial Commission, Washington,
D.C, transmitting, pursuant to law, the final
report of the activities of that Commission
(with an accompanying report): to the
Committee on the Judiciary.

Audit Report or Armt and Navt Legion
or Valor
A letter from the corporation agent. Army
and Navy Legion of Valor of the United
States of America, Inc., Washington. D.C,
transmitting, pursuant to law, an audit re-
port of that Legion, for the period July 22,
1959. to August 16. 1960 (with an accompany-
ing report) ; to the Committee on the Judi-
ciary.

Beport or Subversive Activities Control
Board

A letter from the Chairman, Subrerslve
ActlTltles Control Board, Washington, DC,
transmitting, pursuant to law, a report of
that Board, for the fiscal year ended June
80, 1900 (with accompansring papers); to the
Committee on the Judiciary.

Oooar or 0-»"«« Ofiniom in Case or Wah
Chamq Corporation v. The Unitrd States

A letter txom the Clerk. UJS. Court oC
Claims. Washington, D.C, transmitting, pur«
■uant to law, the court's opinion in the case
of Wah Chang Corporation v. The I/nited
Btatea, No. 124-06, rendered on October B,
tMO (with accompanying papers): to tha
Committee on the Judiciary.

Report or Navt Club or Unites States or
America

A letter from the National Shlpswriter,
Navy Club of the United States of America.
Springfield.. nilnolfi, transmitting, pursuant
to law. a report of the proceedings and ac-
tivities, together with a statement of re-
ceipts and disbursements, for the fiscal year
1M9 (with accompanying papers): to the
Committee on the Judiciary.

Teicporart Adiossion Into the United
States or Certain Aliens

Three letters from the Commissioner, Im-
migration and Naturalization Service. De-
partment of Justice, transmitting, pvirsuant
to law, copies of orders entered granting
temporary admission Into the United States
of certain aliens (with accompanying pa-
pers): to the Committee on the Judiciary.

SuBPsNsiow or Dbpostation or Salvatosb
Paxadimo

A letter ftt>m the Commissioner. Immi-
gration and Naturallaation Service, Depart-
ment of Jiutlce, transmitting, pursuant to

law, a copy of the order suspending deporta-
tion in the case of Salvatore Paladlno, to-
gether with a statement of the facts and
pertinent provisions of law pertaining to the
case and the reasons for ordering such sus-
pension (with accompanying papers) ; to the
Committee on the Judiciary.

Adjustment or Immigration Status
A letter from the Commissioner, Immigra-
tion and Naturalization Service, Department
of Justice, transmitting, pursuant to law, a
copy of order entered in behalf of Alice O.
Palmer, relating to adjustment of her Im-
migration status (with an accompanying
paper); to the Committee on the Judiciary.

Report or Board roa Fundamental Bduca-
noN

A letter from the firm of Ross. licCord,
Ice * MUler. of Indianapolis. Ind.. signed
by Harry T. Ice. transmitting, pursuant to
law, the annual report and audit of the
Board for Fundamental Bducatlon, for the
year 1969 (with an accompanying report):
to the Coinmittee on the Judiciary.

Auorr Rbpokt or Jswisb War Veterans,
U.S.A., National Memorial. Inc.
A letter from the treasurer, Jewish War
Veterans, \J3Ji., National Memorial, Inc.,
Washington. D.C, transmitting, pursuant to
law. an audit report of that memorial, for
the fiscal year ended March 31. 1960 (with
an accompanying report) : to the Committee
on the Judiciary.

Report or Department or Health. Kduca-

T10N, and WELrARB

A letter from the Secretary. Department
of Health.. Bducatlon. and Welfare, trans-
mitting, pursuant to law, the report of that
Department for the fiscal year 1969 (with
an accompanying report): to the Committee
on Labor and Public Welfare.

REPORT or Stuot bt Dvartmbnt or Labob
Kntttled "Pboblems Involved in Appltino
A Federal Minimum Wasoe to Aoricultural
Workers"

A letter from the Secretary of Labor, trans-
mitting, pursuant to law. a report of a staff
study made by that Department, entitled
"Problems Involved in Applying a Federal
Minimum Wage to Agricultural Workers"
(with accompanying papers): to the Com-
mittee on Labor and Public Welfare.

■eUCATiONAL Assist vNca to War Obphans op

THE PHnjmNSB

A letter ftom the Assistant Secretary of
State, transmitting, pursuant to the request
of the Ambassador of the Philippines, the
views of the Philippine Oovemment on the
desirability of amending title 88 of the
United States Code as it affects war orphans
in the Philippines eligible to participate in
an educational asslstanee program of the
V.8. Oovemment (with an aocompanying
paper); to the Committee on Labor and
Public Welfare.

Allotmbmt AjtD Advancement or Pat With
RasracT to Certain Civilian Emplotess or
THE UNriBD States

A letter from the Secretary of the Air
Force, transmitting a draft of proposed leg-
islation to provide for allotment and ad-
vancement of pay with respect to civilian
employees of the United States In eases of
emergency evacuations from certain areas,
and for other ptirpoees (with an accompany-
ing paper) ; to the Committee on Post Oflloe
and Civil Serrlce.

Repeal or LncrrATiON on Number or Postal
Bmplotxxs Placed nf Certain Salart

Levels

A letter from the Postmaster General ,
transmitting a draft ot ixroposed legislation
to repeal the limitation on the numt>er of
poetal employees who can be placed in sal-

ary levels PFS-17 through PFS-ao, and for
other purposes (with an accompanying
paper) ; to the Committee on Post Office and
Civil Service.

Report on Bonding or Certain Omcsaa

AND EMPLOTEES

A letter from the Acting Secretary of the
Treasury, transmitting pursuant to law, a
report on operations by Federal departments
and establishments in connection with the
bonding of officers and employees, for the
fiscal year ended June 30, 1960 (with an
accompanying report ) : to the Committee on
Poet Qfllce and Civil Service.

RSPOETB OM LiqUIOATIOM OP AyWS FOBMBBLT

Held bt Reoonstbuctiom Fimaiiob Ooaro-

MAttOm AND TS I »■»!■■ Ill TO SMALL BUSINESS

Plan roR Development or Proposed Crai
Long Lakes Division. Snettisham Project.
Alaska

A letter from the Acting Secretary of the
Interior, transmitting, pursuant to law, a
plan of development for the proposed Crater-
Long Lakes division. Snettisham project.
Alaska (with accompanying papers): to the
Commlttee.on Public Works.

Rbpobt on FEAafBn.iTT or ■ssAauaHMENT or
President Adams Parkway. MAaaACHussTTS
A letter froci the Assistant Secretary of the
Interior and the Acting Secretary of Cotn-
meroe. transmitting, pursuant to law. a re-
port on the feasibUity of establishing the
President Adams Parkway, to extend from
Faneull Hall, Boston, Mass.. to Plymouth.
Mass., via Qulncy. Mass.. In memory of John
Adams and John Qulncy Adams, second and
sixth Preeldenu ot the United SUtas (with
an accompanying report); to the Committee
on Public Works.

Reports on Scientific oa PaorBsaioNAL
Positions, Department op the Interior
Two letters from thr Administrative As-
sistant Secretary of the Interior, reportaag.
pursuant to law. on scientific or professional
positions within that Department, for the
calendar year I960; to the Committee on Post
Ofllce and CivU Service.

Repobt or TBMirxssEB Vallst AUTHOaXTT
A letter from the Director. Chaltman of
the Board, and Vice Chairman, Tsnnssass
Valley Authority, Wilson Dam. Ala., trans-
mitting, pursuant to law. a report of that
Authority, for the fiscal year ended Juna 30,
1960 (with an aooompanylng report): to tba
Committee on Public Works.

RETORTa ON RXCONSTRUCnON FCNANCS COB-
rOKATlON LlQUIOATIOl PUKD — TtMAgVWr DB-

r ACTMSNT Activities

Two letters from the Acting Secretary ot
the Treasury, dated September 23, 1960, and
December 21. I960, respectively, transmit-
ting, pursuant to law, reporta on the Be-
constructlon Finanee Oorporattoa Uqutda-
tion Fund — Treasury Department Aotlvltiaa.
for the qtiarters ended June 80, 1960, and
September SO. 1960 (with accompanylnc re-
ports); to the Conunittee on Banking and
Currency.

Bajnc or Wash-

IN0ION

A letter from the President. Xxport-lm-
port Bank of Washington. Washington, IXC
transmitting, pursuant to law. a report
of that Bank for the year andsd Job* 80.
1960 (with an aooompanylng report); to the
Committee on Banking and Currency.

Report on ItenMATO) Obligations bt Prin-
cipal Activities or Small Business Ad-

MINISrRATtON

A letter from the Administrator. Small
Business Administration, Washington, D.C.
transmitting, pursuant to law. a report re-
flecUng estimated obligatioos by portaelpal
activities of the SmaU Businass AfdmlnMra-
tion. for the period January 1 throogh June
80, 1960 (with an aooompanylng report); to
the committee on Banking and Currency.

Two letters from the Administrator, Small
Business Administration, dated September
80. 1960, and November 22, 1960, respectively,
transmitting, pursuant to law, reports on
progrea made in liquidating the assets for-
merly held by the Reconstruction Finance
OorponkUoa which were transferred to the
Administrator of Small Business Administra-
tion by BetMrganlzatlon Plan No. 2 of 1964,
and Reorganisation Plan No. 1 of 1967 for
the quarters endad June 30, 1960, and Sep-
tember 80. 1960 (with accompanying re-
ports): to the Committee on Banking and
Currnioy.
Repobt or Small Business Aoministratiom

A letter from the Administrate. Small
Business Administration, Washington, D.C,
transmlttiig, pursuant to law, the 14th semi-
annual report of thar, .Administration cov-
ering operations between January 1, 1960,
and June 80, 1900 (with an aocompanying
report) ; to the Committee on Banking and
Currency.

Repobt on BoBaownfO Authobitt

A letter from the Director. Ofllce of Civil
Defense Mobilisation, Executive Ofllce of the
President, Washington, D.C, transmitting,
pursxiant to law, a report on borrowing au-
thority for the quarter ended June SO, I960
(with an accompanying report) ; to the Com-
mittee on Banking and Currency.

BaKMrxB ON Liquidation or National Db-
rBNSE, Wab. and Reconversion AcnvrnES
or Reoonstbuction Finance Cobporation
BT Oenbral Services Aominxstbation
Two letters fr<»i the Administrator, Gen-
eral Services Administration, Washington,
DC, dated September 2, 1960, and Novem-
ber 30, 1960. respectively, transmitting, pur-
suant to Uw. reports on the progress of the
liquidation of the national defense, war and
reconversion aoUvlties of the Reoonstruetlon
Finance Corporation, for the quarters ended
June 80, 1960, and September 30, 1960 (wltti
acooo^Muiying reports); to the Committee
on Banking and Ciurency.

Repobt on Land Acquisitions bt National
Capital Planning Oommusion
A letter from the Chairman, National Cap-
ital Planning Commission, Washington, D.C.
transmitting, pursuant to law, a report
showing lands acquired by that Commission,
during the flseal year 1960, for the develop-
ment of the park, parkway and playgro\ind
system of the National Capital and its envi-
rons (with an aoeon^>anylng report); to the
Committee on the District of Columbia.

Repobt or Distbict or Columbia Redbvelot-
msnt Land Aommct
A letter from the Chairman. District of
Columbia Redevelopment Land Agency,
Washington. D.C, transmitting, pursuant to
law. a report of that Agency for the fiscal
year ending June 80, 1960 (with an accom-
panying rq;xxt) ; to the Coinmittee on the
District of Columbia.

Repobt or Crbsapbakb ft Potomac Tbls-

PBONE Co.

A letter from the ^ace President, the
Chesapeake Ac Potomac Telephone Co.. Waah-
ington, D.C. transmitting, punuant to law.
a report of that eoatpmny, toe the calendar
year 1960 (with an accompanying report) ; to
the Committee oa the District of Columbia.

Audit Rbtobt or CoNrEBENCs or Statb
SocncTiEs

A letter from Eric O. Jansson tt Co., certi-
fied public accountants, Washlngtaa. D.O.,
transmitting, ptnsuant to law, an audit re-
port on the Conference of State Sodettea,
for the fiscal year July 1. 1969, to June 80.

1960 (with an accompanying report) ; to the
Committee on the District of Columbia.

Resolution or Pbovincial Boabd or Nbouw
OocmENTAL, Republic or the Philippines

A letter from the Assistant Secretary of
State, transmitting, for the information ot
the Senate, Reeolutlon No. 1021 of the Pro-
vincial Board of Negroe Occidental, Republic
of the Philippines, expressing gratitude of
the board for a recent incresuw in the
amount of sugar authorized for importation
into the United States from the Republic of
the Philiijplnes (with an accompanying
pi^MT); to the Committee on Finance.

RBPOBT or UJB. TABIfT COMMISaiON

A letter from the Chairman, XJS. Tariff
Commission. Washington. D.C, transmitting,
pursuant to law, a report of that Commission
on the operation of the trade agreements
program for the period July 1968 through
June 1969 (with an accompanying report);
to the Committee on Finance.

Report or Renegotiation Board
A letter from the Chairman, the Renego-
tiation Board, Washington, D.C. transmit-
ting, piirsuant to law, a report of that Board,
covering the fiscal year July 1. 1969, to Jtme
SO, 1960 (with an accompanying report): to
the CcHnmittee on Finance.

Rkpobt on Educatiokal and Cultural
Exchange Pro(»am

A letter frc«n the Secretary of State, trans-
mitting, pursuant to law, a report on the
educational and ciilt\iral exchange program,
for the period July 1-December 31, 1969
(with an accompanying report): to the
Committee on Foreign Relations.

Patmxnt to Government ar
THE Philippines
A letter from the Acting Secretary of
State, transmitting a draft of proposed legis-
lation to authorise payment to the Govern-
ment of the Philippines (with an accom-
panying paper); to the Committee on For-
eign Relations.

Report on Strategic Tbam Control
Proobam
A letter from the Acting Secretary of
State, transmitting, pursuant to law, a re-
p<Mrt on a survey of the strategic trade con-
trol program. 1967-60, Mutual Defense As-
sistance Control Act of 1951 (with an aocom-
panying report): to tiie Committee on For-
eign Relations.

Repcmt or FoBEioM Claims SETTLEMiarT
Commission

A letter from the CSialrman, Foreign
Claims Settlemmt Commission, transmit-
ting, pursuant to law, a report of that Com-
mission as ot June 80, 1960 (with an accom-
panying report); to tJie Coinmittee on For-
eign Relations.

Report or National Advisort Council on In-
ternational MONETABT and FntANCUL
Probucms

A letter from the Chairman, National Ad-
visory Coimcil on International Monetary
and Financial Problems, transmitting, pur-
suant to law. a report of that Council for
the period July 1-December 81, 1960 (with
an accompanying report); to the Commit-
tee on Foreign Relations.

Report or XJ3. iNroBMATioir Affiorcrr
A lettw from the Acting Director. UJB. In-
formation Agency. Washington, D.C. trans-
mitting, pursuant to law. a report of that
Agency for the period January 1 to June 30,
1060 (with an aeccnnpanylng report) ; to the
Committee on Foreign Relations.

Unbmplotment Compensation Patmemts to
Raxiaau Wperal Emploibbb

A letter from the Secretary of Labor, en-
closing a oopy of his letter to the Comptrol-
ler Oeneral of the United States relating to

a review of the policies and practices of the
Department of Labor and the States regard-
ing unnnployment ccnnpensation paymenta
to retired Federal en^>loyees who are receiv-
ing retirement annuities. Issued by the
OomptroUer General on April 36, 1960 (with
an accompanying paper); to the Committee
on Government Operations.

Report on Personal Propxrtt Received bt
State Surplus Propertt Ackncie& To Bb
Distributed to Cbbtain Health and Edu-
cation iNSTrrxmoNS and Cxvtl Dn«NSE
Organ izations

A letter from the Secretary, Department
of Health, Education, and Welfare, trans-
mitting, pursuant to law. a repent covering
personal property received by State surplus
property agencies for distribution to Public
Health and educational institutions and
civil defense organicatlons and real property
disposed of to public health and educational
InstltuUons, for the polod J\ily 1 throu^
September {;0, 1960 (with an accompanying
report); to the Committee on Government
Operations.

Allocation or Cebtain Subflus Pboi
Undb Control or Depabtmemt or

A letter from the Deputy Secretary of De-
fense, transmitting a draft of proposed legis-
lation to amend section 203(J) of the Federal
Property and Administrative Services Act of
1940, as amended (40 VJB.C. 484(J) ) , to pro-
vide that the Department of Defense may al-
locate siirplus property under its control for
transfer under that $uct only to educational
institutions conducting approved military
training programs (with an accompanying
paper); to the Committee on Government
Operations.

r»

Report on Dibposalb or Foreign 1
Propertt

A letter from the Administrative Assistant
Secretary, Department of Agricultiire. trans-
mitting, pursuant to law. a report on dispos-
als of foreign excess property, for the fiscal
year ended June 30, 1960 (with an aocMn-
panylng repeat) ; to the C<«nmlttee on Oov-
emment Operations.

Audit Reports

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. an audit report on the Oorgas Memorial
Institute of Tropical & Preventive Medicine,
Inc., for the fiscal year ended June 80, 1960
(with an aocompanying report); to the
Committee on Government Operationa.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, an audit report on the Farmers Home
AdminlslTation, Dep«atment of Agrlctdture,
for the fiscal years 1968 and 1969 (with an
accompanying report) ; to the Committee on
Oovemment Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, an audit report on the Lower Colorado
River Basin Water Resources Development
Program. Bureau of Reclamation. Depart-
ment of the Interior, for the fiscal yean
1967-1968 (with an accompanying repwt);
to the Committee on Government Opera-
tions.

A letter from the Assistant ComptroUer
General of the United States, transmitting,
pursxiant to law, an audit report on the
General Supply Fund. General Services Ad-
ministration, for the fiscal year 1959 (with
an accompanying repcHt) ; to the Committee
on Government Operations.

A letter from the Assistant Comptroller
General of the United States, transmitting,
pursuant to law, an audit report on the
Southwestern Power System and Related
Activities, Corps of En^eers (Civil Func-
tions), Department of the Army, and the
Southwestern Power Administration, Depart-
ment of the Interior, for the fiscal yaata

*

136

CONGRESSIONAL RECX>RD — SEN ATE

January 5

1958 and 19M (with an accompanying re-
port): to the Oommlttae on Oovamment
Operattona.

RXPOKTS DM RrVXSW BT OOMFTBOIXKS OZKUIAL

A letter from the Ootnptroller General ot
the United States, tranamlttlng. pursuant to
law, a report on review of the policies and
procedures relating to the leasing of space,
Public Buildings Service, General Services
Administration, as of Jtily 1959 (with an ac-
companying report); to the Committee on
Government Operations.

A letter from the Comptroller General of
the United States, transmitting, piirsuant to
law. a report on review of certain activities
of the UJ9. Civil Administration of the
Ryukyu Islands, dated November. 1960 (with
an accompanying report) ; to the Committee
on Government Operations.

A letter from the Comptroller General of
the United States, transmitting, piirsuant to
law, a report on review of development and
procurement of new combat and tactical ve-
hicles by the Department of the Army, dated
November 1960 (with an accompanying re-
port) : to the Committee on Government
Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report on review of certain activities
of the Government of the Virgin Islands of
the United States, for the ttscal year 1959
(with an accompanying report) ; to the Com-
mittee on Government Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on review of the need for pro-
curement of electric and telephone line con-
struction trucks by the Department of the
Air Force, dated November 30, 1960 (with an
acootnpanylng report) ; to the Oonunittee on
Government Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report on review of the Pederal-ald
highway program, region 8. Portland, Oreg..
Bureau of Public Roads, Department of
Commerce, as of October 1959 (with an ac-
companying report): to the Committee on
Government Operations.

A letter from the Acting Comptroller Gen-
eral of the United States, transmitting,
pursuant to law, a report on review of air
item supply operations at the Transporta-
tion Materiel Command. Department of the
Army. St. Lotds. llo.. dated August 1960
(with an accompanying report) ; to the Com-
mittee on Government Operations.

A letter from the Assistant Comptroller
General of the United States, transmitting,
pursuant to law, a report on review of the
automatic data-processing system at the
Transportation Materiel Command. Depart-
ment of the Army. St. Loiiis. Mo. (with an
accompanying report) ; to the Conunlttee on
Government Operations.

BaPoma om OBtTAur BxAimcATXOMa bt
CoMTzaoixiB OaraaAL

A letter from the Comptroller General oi
the United States, transmitting, pursuant
to law, a report on examination of the pric-
ing at subcontracts Issued to reaction motors
division, Thlokol Chemical Corp., Denvllle,
tfj., by Convair, a division of General
Dynamics Corp., San Diego, Calif., under De-
partment of the Air Force Prime Contract
AP 04(«46)-4, dated October 1960 (with aa
accompanying report) ; to the Coomilttee on
Government Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on examination of the pricing
of F-101 airplane wings purchased from the
Martin Co.. Baltimore, Md.. by McDonneU
Aircraft Corp., St. Louis. Ifo., under Depart-
ment of the Air Vtoroe negotiated contract
AF 3S(a00)-aM41. dated Utowmbei 19M
(with an aeoompanylng report) : to the Com-
mittee cm Goremment Operations.

A letter from the Comptroller General of
the United States, transmitting, purauant
to law, a report on examination of the target
price negotiated for sidewinder miaslle
giildance and control units under the De-
partment of the Navy fixed -price incentive
contract Nord-16488, with Phllco Corp..
Philadelphia. Pa., dated October 1960 (with
an accompanying report) ; to the Committee
on Government Operations.

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report on examination of rental pay-
ments negotiated for the commercial use of
Government-owned facilities furnished un-
der Department of the Air Force Contract
AF 38 (038) -26718, with Avoo Corp., Lycoming
Division. Stratford. Conn., dated September,
1900 (with an accompanying report) ; to the
Committee on Government Operations.
SHOar Tonu Rxpobt oh Aunrr o» Oolui«»ia

RnrxB Power Ststem awd Rxlateo Acnvi-

nBs

A letter from the Comptroller General of
the United States, transmitting, pursuant
to law, a short-form report on the audit of
the Columbia River Power System and Be-
lated Activities, for the fiscal year I960 (with
an accompanying report) ; to the Conunlttee
on Government Operations.

Repokt or ADMnraraATOR or GcwmAL
SntvTCKs

A letter from the Administrator, General
Services Administration, Washington, D.C.,
transmitting, pursuant to law, the annual
report of that Administration for the fiscal
year 1960 (with an accompanying report):
to the Committee on Government Operations.

REPOST Olf PaOPOSZD PXISmEMTUL AXCHIVAL

DcposrroaT or CcarAiN Papsss or Foaacxs

PRKsmxirr Hoovaa

A letter from the Administrator, General
Services Administration, reporting, pxirsxiant
to law, on the projxMed presidential archi-
val depository of house papers and other his-
torical materials of former President Herbert
Hoover (with accompanying pi^iers); to the
Committee on Government Operations.

RapoRT OH Contracts NzoonriATD roa ExnKi-

XKHTAI.. DrVKLOPlCKHT, OS RSBXABCH WOBK

A letter from the Administrator. General
Services Administration. Washington. B.C.
transmitting, piusuant to law, a report on
contracts negotiated for experimental, de-
velopmental, or research work, for the 6-
month period ended June 30. 1960 (with an
accompanying report); to the Committee on
Government Operations.

RCSBIVATTON OT CERTAIN LaHD AT NXLUS An

Foaca Rahqx, Nkv.

A letter from the Secretary ol the Air
Force, transmitting a draft of proposed leg-
islation to provide for wltlidrawal and reser-
vation by the Department of the Air Force at
certain public lands of the United States at
Nellis Air Force Range, Nev., for defense pur-
poeea, and for other purposes (with aocom-
panylng papov) ; to ttie Committee on Inte-
rior and Insular Alfalrs.

RasBiVATiON or CarrAiH Laws at Xjokm-
WnxxAMs Air Poacs Rahoc, Txjma, Aaos.

A letter from the Secretary of the Air
Force, transmitting a draft of proposed leg-
islation to provide for the withdrawal and
reservation for the Departments at the Air
Force and ttie Navy of certain public lands
ot the United States at Luke-Wllllams Air
Faroe Bange, Yuma. Aria., for defense pur-
posss (with accompanying papers); to the
Committee on Interior and Insnlar ASaiza.

RssraicTiOH or CsarAzw Arkas nr Oom

OOMTDnOtTAI. SBBLT

A latter from the Secretary of the Air
Force, tnmsmltting a draft of proposed legis-
lation to provide for the restriction ct eataln

areas in the Oatcr Continental Shsif for de-
fense purposes, and for othsr porposss (Ifat-
ag«-da Water Bangs) (with acoompanytaf
papers); to the Committee oo Interior aad
Insular AffalxB.

RXPORT OH LOHO RAIWn

Lahds — PaojBCT TwaMT i -Tw«lv«
A letter from the Secretary of the Interior,
transmitting, pursuant to Uw. a report on
the long range program for public lands —
Project Twenty-Twelve, dated January 1960
(with an accompanying report) ; to the Com-
mittee on Interior and Insular Affairs.

RBADj'OsrKDrr oa Cawckt.i.ation or
Aoaihst Ihdivioual oa Tanas or Ihdiams
A letter from the Assistant Secretary of the
Interior, transmitting, pursuant to Uw, or-
ders for the adjustment or canoeUation oi
debts against Individual Indians or tribes of
Indian!!, for the fiscal year I960 (with aeoom-
panylng papers) ; to the Committee on Inte-
rior and Insular Affairs.

RSPOaT OH OOLOBAOO RiVRR STOaACB PaOJBCT

AMD Participatihg PaOJSCTS
A letter from the Assistant Secretary of
the Interior, transmitting, pursuant to law.
the fourth annual report on the status of tbe
Colorado River Storage Project and Par-
ticipating Projects, for the fiscal year ended
June 80. 1960 (with an accompanying re-
port) : to the Committee on Interior and In-
sular Affairs.

Rkport oh Agate Dam and RcBRRVon, Rocus
River Basin Paojacr, OaaooN
A letter from the Under Secretary of the
Interior, transmitting, pursuant to law. a
report on tbe Agate Dam and Reservoir.
Talen division. Rogue River Basin project,
Oregon (with accompanying papers): to the
Committee on Interior and Insular Affairs.

liAwa EHACTI9 ST LctasLAToaB or VnotM

ISUOfDS

A letter from the Assistant Secretary at
the Interior, transmitting, pursuant to law,
coplsa of laws enacted by the LeglaUture
of the Virgin Islands in lU 1959 regular and
special sessions (with aooompanyinc pa-
pers) ; to the Committee on Interior and In-
sular Affairs.

CsariFKATiOHS or AaaqoATB Son. SusvBia
AND Land Ci.aasincAT»Ma

A letter from the Assistant Secretary of
the Interior, reporting, pursuant to law. that
an adequate soil survey and land classifica-
tion has been made of the lands in the
Weber Basin project. Utah (with an accom-
panying paper); to tbe Oommlttse on
Interior and fnaolsr Affairs.

A letter from the Assistant Secretary at
the Interior, reporting pursuant to law. that
an adequate soil survey and land classifica-
tion has been made of the lands in the Bden
project, Wyoming (with an accompanying
paper); to the Committee on Interior and
Insular Affairs.

A letter from the Assistant Secretary of
the Interior, reporting, pursuant to law, that
an adequate soil survey and land elasstfloa-
tlon has been made of the lands In the
Florida project. Colorado (with an aeoocn-
panying paper); to the Committee on In-
terior and Insxilar Affairs.

A letter from the Assistant Secretary of
the Interior, reporting, pursiiant to law. that
an adequate soil survey and land classlfloa-
tlon has been made of the lands in the
Almena unit. Kanaska divlaion. Missouri
River Basin project, Kansas (with aa ac-
companying paper) ; to the Committee on
Interior and Insular Affairs.

A letter from the Assistant Secretary of
the Interior, reportiiig. pozsaant to law. that
an adequate soil survey and land clasalllaa-
tlon has been made of tbs lands in the
TsllowtaU unit. Lowsr BIfbom dMsiOB.
Iflasouzl RlTer Basin pcojeet. Mositan^ and

1961

GONGRESSICMNfAL RECX)RD — SENATE

137

Wyoming (with an aooompaaying pai>flr):
to the Committee on Interior and Insular
Affairs.

A letter from the Assistant Secretary of
the Intwior, reporting, pursuant to law. that
an adequate soil survey and land daasiflca-
Uon has been made of the lands in the Stone
Corral Irrigation District, Calif, (with an
aeoompanylng paper ) ; to the Committee on
Interior and Insular Affairs.

Rspoar ON CoNSTRucnoH, Oprration, am»

Maihtkhahcr or the DbLvs Dam. Santa

Maroartta Ritrr, Oalzt.

A letter from the Under Secretary of the
Navy, reporting, pursuant to law. on the
construction, operation, and maintenance
at the DeLiu Dam, SanU Margarita River.
Oallf.; to the Committee on Interior and
Insular Affairs.

Ilgi inf on B*'^»f^T« Ain> XxPKNDTruRas. Outer
Cohtinentax Shelt Lands

A letter from the Administrative AssUtant
Secretary. Department of tbe Interior, re-
porting, piirsuant to law. on the receipts and
espendlt\ires under section 15 of the Outer
Ctmtinental Shelf Lands Act; to the Com-
mittee on Intwlor and Insular Affairs.

PETITIONS AND MEMORIALS

Petltiona. etc.. were laid before the
Senate, or presented, and referred as
Indicated:

By the PRXSIDENT pro tempore:

Two concurrent resolutions of the I^gls-
latxire of the State of Louisiana; to the Cotn-
mlttee on the Judiciary:

"Schats Oomcubrbnt BxaoLUTioaf 9

"Whereas members of the Federal Judiciary
on the district court and all other levels are
ai^x>lnted to ofllce, and such appointment is
for life during good behavior; and

"Whereas tbe powers vested in and/or ez-
etdsed by Federal dUUlot Judges are great,
affecting as they do the life and liberties of
all of the people and. in many instances. In
practice being the final tribunal before which
many issues are litigated alnoe large numbers
of questions arising in their covirts nevw are
appealed to higher Federal courts; and

"Whereas the powers vested In and/or ex-
ercised by Federal Judges of ail levels are of
such magnitude that the best Interests of
the people of this Nation cannot always be
served by appointment for life during good
behavior, without adequate recourse for the
people where It U determined that, perhaps
despite so-oaUed "good behavior," the Judi-
cial determinations of any of such Judges are
eonaistently not In the best interest of the
people or are based on unclear and/or un-
reasonable interpretations of tlie UJS. Con-
stitution and the laws of the land, or for any
othsr reason fall to maintain that qiiallty
which the people have a right to expect of
their Judgea; and

"Whereas while it Is recognised that pro-
cediues exist for the removal of Federal
Judges for causes relating to good behavior,
such procedures virtually deny to the people
any means for such removal because of their
difficulty of accomplishment; and

"Whereas the l^lslative and executive
branches on all levels of government are
elected by the people to serve for stated pe-
riods of time, thus affording the people
periodic opportunity to review the actions
of such olBclals and to either end<»ve or re-
ject actions by the reelection or defeat of
said oOcials: and

"Whereas the procedure followed for the
legislative and executive branches Ui in
kMplng with the best traditions of a truly
republican form of government: Therefore
belt

"Resotoed by the Senate of the Legltlature
o/ the tttate of Louisiana {the Soute of

Repretentattves thereof coneturing herein).
That the Congress of the United States Is
hereby petitioned, urged, and requested to
initiate and take siush steps as are necessary
to provide in the Constitution and laws of
the United States that all members of the
Federal Judiciary either shall be elected or,
should It be determined that appointment of
such Judges should be the method of their
selection, then that their appointment shall
be for a stated period of time and not for
life; and be it further

"Reiolved, That copies of this retolution
shall be transmitted to the Presiding Officers
of the Senate and the House of Representa-
tives of the Congress of tbe United States
and to each member of the Louisiana dele-
gation in the Congress.

"Lieutenant Oovemor and President of
the Senate.

"Speaker of the House of Representa-
ttves."

"House Concobexnt RxsoLunoir 21

"Whereas article V of the Constitution of
the United States provides that upon the
application of the legislatures of two-thirds
of the several States, the Congress shall call
a Convention tor proposing amendments to
said Constitution; and,

"Whereas the Legislature of Louisiana, by
the enactment of Act No. 2 of the first ex-
traordinary session of 1960, interposed the
sovereignty of this State to preeerve and pro-
tect the powers reserved to Louisiana and to
Its people by the 10th amendment to the
Constitution of the United States against
the usurpation asserted by the Supreme
Covat of the United States and the U.S. dis-
trict courts of Louisiana pursuant to the de-
cision of the former in Brovm v. Topeka
Board of Education; and

"Whereas said Act No. 2 of the first extraor-
dinary session of 1960 provides that said
act shall remain in effect only until such
time as the Constitution of the United States
may be amended by the process set forth
therein to grant to the Federal Government
the powers usurped by the Sui»'eme Court of
the United States In the case of Brown v.
Topeka Board of Education, decided May 17.
1954. and other decisions of the Federal
courts pursuant thereto: Now. therefore, be
it

"Resolved by the Legislature of Louisiana
{the house of representatives and the sen-
ate concurring) , That, by means of this reso-
lution the Legislature of Louisiana does make
application to the Congress to call a Con-
vention for the purpose of proposing amend-
ments to the Constitution of the United
States to the end that the determination
shall be made as to whether the State of
Louisiana or the Federal Government is to
control and operate the public school system
in this State; be It fxirther

"Resolved. That a certified copy of this
resolution be forwarded by the clerk of the
house of representatives to the Vice Presi-
dent, in his capacity as President of the U.8.
Senate, and to the Speaker of the VS. House
of Representatives with the request that
they be laid before the Congress for appro-
priate action; and be It further

"Resolved, That the copies of this reeolu-
tlon be forwarded by the clerk of the house
of representatives to each Member of the
Louisiana congressional delegation.

"Speaker of the House of Representatives.

"Lieutenant Oovemor and President
of the Senate."
A resolution adopted at the Ninth Annual
Conference at the United Stotss Civil De-
fense Council, relating to an adequate olvil

deitOMe program: to the Committee on

Armed Services.

Resolutions adopted at the 81d General
Conference of the National Guard Associa-
tion of the United States, at Honolulu,
Hawaii, relating to ways and means whereby
that Association can actively participate In
countering the Communist threat, and so
forth; to the Committee on Armed Services.

A resolution adopted by the Federacion
Libre de los Trabajadores de Puerto Rico,
San Juan, PJt.. relating to sugar; to the
Committee on Finance.

A letter in the natru« of a memorial from
the Society of the War of 1812 In the State
of Maryland, Baltimore, Md., signed by
E. Richard Coleman, secretary, noUIylng the
Senate that that roclety had adopted a reso-
lution opposing the deletion of the Connally
amendment from the United Nations Char-
ter; to the Committee on Foreign Relations.

A resolution adopted by the 6lEt Annual
National Convention of the V(;terans of For-
eign Wars of the United States, Kansas City,
Mo., relating to the erection on Corregldor
Island of a siiltable memorial to those serv-
icemen who served In the Pacific theater
during World War II; to the Committee on
Foreign Relations.

A resolution adopted by the National Con-
ference of State Legislative Leaders, at Chi-
cago. HI., relating to the policymaking
powers of State legislatures; to the Com-
mittee on Government Operations.

A paper In the nature of a petition from
the representatives of the city of Alpine, Tex.,
the chamber of commerce, and Brewster
County, Tex., relating to matters of interest
in that area; to the Committee on Inter-
state and Foreign Commerce.

A resolution adopted by the National Con-
ference of State Legislative Leaders, Albany.
N.T.. relating to certain congressional ac-
tions on the effectiveness of Interstate com-
merce; to the Committee on Interstate and
Foreign Commerce.

A resolution tulopted by the oCoers of ths
Railroad Division of the Transport Workers
Union of America, AFL-CIO, relating to ths
Pennsylvania Railroad strike Insurance; to
the Committee on Interstate and Foreign
Commerce.

The petition at Andrew J. Baster, of Wash-
ington. D.C., relating to his claim for a re-
dress of grievances: to the Committee on
Interstate and Foreign Commerce.

The petition of Blmer J. Berset. of Los
Angeles County, Calif., relating to the re-
peal of certain acts concerning the election
of President and Vies President: to the Com-
mittee on the Judiciary.

The petlMon of Woodrow G. Besonen, of
Jackson. Mich., praying for a redress at
grievances; to the Committee on tbs Ja-
dlclary.

A resolution adopted by the J. Milton Ed-
wards Post No. 2238. Veterans of Foreign
Wars. Shreveport, La., relating to certato
charges against VS. District Judge J. Skelly
Wright: to the Committee on the Judiciary.

A letter in the nature of a petition from
the Crusade for God and Freedom, Los
Angeles, Calif., signed by llios. Wyatt, chair-
man, and Steve Foote. past State com-
mander, American Legion of Callfcnnla, re-
lating to the dangers of commtmlsm; to
the Committee on the Judiciary.

The petition of Mrs. Robert Pinckney
Tucker, of Charleston, S.C., relating to the
filling of vacancies occurring on the Supreme
Court of the United States; to the Conunlt-
tee on the Judiciary.

The petition of S. L. Marsh, of Boanoke,
Vs.. relating to his applicati(» for a pension
imder the Railroad Betlrement Act; to the
Committee on Labor and Public Welfare.

The petition of Walter S. Sheppard. ot
Richmond Hill, N.T.. prajtog tor a redress o*
grievances; to the C<»nmittee on Post OOoe
and Civil Service.

i

138

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

IS9

PErnnoN for submission to the

PBOPLE OP THE PROPOSED 23D
AMENDMENT TO THE CONSTTTU-
TION

Mr. MORSE. Madam President. I ask
unanimous consent to have appear at
this point in my remarks a petition sent
to me by Miss Marie Predenburg of 5037
Northeast Alberta Street. Portland, Oreg.
The petition speaks for itself.

There being no objection, the petition
was ordered to be printed in the Rbcord,
as follows :
To the HoMOEABLX Watne Moksx:

I, the undersigned citizen of the United
States of America, hereby exercise my right
to petition the congress of the United States,
through you, my duly elected representative
of my State, Oregon, to submit to the people
for ratification the proposed 23d amendment
to the Constitution, now pending in Con-
gress as House Joint Resolution 23, and al-
ready approved by Wyoming, Texas, and
Nevada, which provides that:

"HOTTSX JOINT RESOLUTION 23

"SxcnoN 1. The Government of the United
States shall not engage In any business, pro-
fessional, commercial, financial, or Indus-
trial enterprise except as specified in the
Constitution.

"Sxc. 2. The Constitution or laws of any
State, or the laws of the United States, shall
not be subject to the terms of any foreign
or domestic agreement which would abrogate
this amendment.

"Sac. 3. The activities of the U.S. Govern-
ment which violate the intent and purposes
of this amendment shall, within a period of
3 years from the date of the ratification of
this amendment, be liquidated and the
properties and facilities affected shall be sold.

"Sk. 4. Three years after the ratification
of this amendment the Idth article of
amendments to the Constitution of the
United States shall stand repealed and
thereafter Congress shall not levy taxes on
personal incomes, estates, and /or gifts."

I certify that I am a citizen of the United
StatM of America and am of legal voting age.

Maxix Fkboenbtjhg.

>m\

Ai!f

BILLS AND JOINT RESOLUTIONS
INTRODUCED

Bills and joint resolutions were intro-
duced, read the first time, and. by imani-
mous consent, the second time, and re-
ferred as follows :

By Mr. DOUGLAS (for himself. Mr.
Clark, Mr. Cooper, Mr. Btro of West
Virginia, Mr. Randolph, Mr. Spark-
man. Mr. Williams of New Jersey.
Mr. MT7SKIS, Mr. Beall, Mr. Javtts.
Mr. HuMPHKST. Bdr. Morse, Mr. Pas-
tore, Mr. KxTAtrvES, Mr. Monronxt,
Mr. Anderson, Mr. Symington, Mr.
Chaves. Mr. Maonuson, Mr. Mc-
Cartht, Mr. McNamara, Mr. Jack-
son. Mr. Hart, Mr. Carroll, Mr. Case
of New Jersey, Mr. Bible, idi.
Chxtrcb, Mr. Hartke, Mr. Gruenino.
Mr. Moss, Mr. Bartlett, Mr. Mc-
Gee, Mr. Young of Ohio, Mr. Long of
Hawaii, Mr. Yarborough. Mr. Bngle,
Mr. DooD, Mr. Buroick, Mrs. Neu-
BERGER, Mr. Mxtcalp, Mr. Long of
Missouri, Mr. Pell, Mr. Smith of
Massachusetts, and Mr. Cannon) :
S. 1. A bill to establish an effective pro-
gram to alleviate conditions of substantial
and persistent unemployment and under-
employment in certain economically dis-
tressed areas; to the Committee on Banking
and Currency.

(See the remarks of Mr. Douglas when he
introduced the above bUl, which appear
under a separate heading.)

By Mr. SPARKMAN (for himself, Mr.
Long of LouUlana, Mr. Humphhet,
Mr. Smathexs, Mr. Morse, Mr. Bible,
Mr. Randolph, Mr. Engle, Mr. Bart-
lett, Mr. Williams of New Jersey,
Mr. Moss. Mr. Saltonstall, Mr.
Schokppxl, Mr. Javitb, Mr. Cooper.
Mr. Scott, Mr. Proutt, Mr. Bted of
West Virginia, Mr. Carroll, Mr.
DODD, Mr. Gruening, Mr. Ketauvex,
Mrs. Neubixger, Mr. Yarborough,
Mr. Pastore, and Mr. Jackson) :
S. 2. A bill to assist small business and
persons engaged in small business by allow-
ing a deduction, for Federal income tax pur-
poses, for additional investment in depre-
ciable assets, inventory, and accounts receiv-
able; to the Committee on Finance.

(See the remarks of Mr. Sparkman when he
introduced the above bill, which appear
under a separate heading.)

By Mr. McCLELLAN (for himself, Mr.
Brioces, Mr. Thurmond, Mr. Hol-
land, Mr. Robertson, Mr. Hill, Mr.
Bennett, Mr. Sparkman, Mr. Rus-
sell, Mr. MuNDT. Mr. Schoeppel, Mr.
Young of North Dakota, Mr. Sten-
Nis, Mr. HICKXNLOOPER, Mr. Wil-
liams of Delaware, Mr. Talmaoce,
Mr. Curtis, Mr. Goldwater, Mr.
Btro of Virginia. Mr. Jordan. Mr.
8MATHER3, and Mr. Blaxlet) :
S. 3. A bill to establish niles of interpreta-
tion governing questions of the effect of
Acts of Congress on State laws; to the Com-
mittee on the Judiciary.

(See the remarks of Mr. McClellan when
he introduced the above bill, which appear
under a separate heading. )

By Mr. YARBOROUGH:
S. 4. A bill to provide for the establishment
of the Padre Island National Seashore; to
the Committee on Interior and Insular Af-
fairs.

(See the remarks of Mr. Yarborough when
he Introduced the above bill, which appear
under a separate heading.)
By Mr. PROUTY:
S. 5. A bill to provide for the establishment
of a permanent program of extended unem-
plojrment compensation benefits to be pay-
able during periods of high unemployment;
to the Committee on Finance.
By Mr. SCOTT:
S. 6. A bill to establish an effective pro-
gram to alleviate conditions of substantial
and persistent unemployment and under-
employment in certain economically de-
pressed areas; to the Committee on Banking
and Currency.

(See the remarks of Mr. Scott when he
Introduced the above bill, which appear un-
der a separate heading.)
By Mr. MUNDT:
S. 7. A bill to provide for the Increased
use of agricultural products for Industrial
purposes; to the Committee on Agriculture
and Forestry.

By Mr. McNAMARA (for himself and

Mr. Hart) :

S. 8. A bill to authorize Federal financial

assistance for school construction and

teachers' salaries; to the Committee on

Labor and Public Welfare.

(See the remarks of Mr. McNamara when
he Introduced the above bill, which appear
under a separate heading.)

By Mr. DIRKBEN (for himself. Blr.
Bush, Mr. Carlson, Mr. Wilbt, Mr.
Beall, Mr. Hickxnloopee, Mr. Sal-
tonstall, Mr. MiLLBS, Mr. FoNG,
and Mr. Morton) :
S. 9. A bill to assist areas to develop and
maintain stable and diversified economies
and create new employment opportunities,
and for other purposes; to the Committee
on Banking and Currency.

(See the remarks of Mr. Dirkssn when hs
Introduced the above Mil, which appear un-
der a separate heading.)

My Mr. WILXY (for himself and Ma.
Bible) :

8. 10. A bUl for the establishment ot a
Commission on Federal TaxaUon; to tlis
Committee on Finance.

(See the remarks of Mr. Wnjtr when hs
introduced the above bill, which appear un-
der a separate heading.)

By Mr. KBFAUVEB (for himself, Mr.
Church, Mr. Humphrey. Mr. Morse,
Mr. Moss, Mr. Magnuson, Mr. Wiley,
Mr. Smathexs, and Mr. Jackson) :

S. 11. A bUl to amend the Clayton Act as
amended by the Roblnson-Patman Act with
reference to equality of opportunity; to the
Committee on the Judiciary.

(See the remarks of Mr. KKPAnvxR when
he introduced the above bill, which appear
under a separate heading.)
By Mr. KEATING:

8. 12. A bUl to amend title II of the Social
Security Act so as to remove the limitation
upon the amount of outside income which
an Individual may earn while receiving bene-
fits under such title; to the Committee on
Finance.

By Mr. ENGLE (for himself and Mr.
KucHXL) :

S. 13. A bill to provide for Federal assist-
ance in the development of Irrigation in
connection with non-Federal municipal and
industrial water projects, and for other pur-
poses; to the Committee on Public Works.

(See the remarks of Mr. Engle when h«
introduced the above bill, which appear un-
der a separate heading.)
By Mr. BENNETT:

8. 14. A bill to authorize the Secretary of
the Intsrlor to construct, opsrats, and main-
tain the Dixie project. Utah, and for other
purpoees; to the Committee on Interior and
Insular Affairs.

S. 16. A blU to retrooede to the 8Ut« of
Utah concurrent jtirlsdiction over certain
Icuids within such State, which are under
the jurisdiction of the United SUtes; to ths
Committee on Government Operations.

8. 16. A bill to provide for the establish-
ment of a Soil and Water Conservation Lab-
oratory; to the Committee on Agriculturs
and Forestry.

S. 17. A bill conferring jtirlsdiction on the
Court of Claims to make findings with re-
spect to the amount of compensation to
which certain individuals are entitled as re-
imbursement for' damages sustained by
them as a result of the cancellation of their
grazing permits by the US. Air Force, and
to provide for payments of amotmts so de-
termined to such individuals; to the Com-
mittee on the Judiciary.

8. 18. A bill to provide fishery conserva-
tion measures on the Prove River, Utah, and
for other purposes; to the Committee on In-
terstate and Foreign Commerce.

S. 10. A bUl for the relief of Mrs. Taklml
Yamada; and

S. 20. A bill to amend chapter 85 of title
28 of the United States Code relating to the
jurisdiction of the VS. district courts, and
for other purposes; to the Committee on ths
Judiciary.

By Mr. BENNETT (for himself and Mr.
Moss):

8. 21. A bill to provide grants to the States
to assist them In informing and educating
children in schools with respect to the
harmful effects of tobacco, alcohol, and other
potentially deleterious consumables; to ths
Committee on Labor and Public Wellaie.

By Mr. CASE of South DakoU (for
himself, Mr. Aixorr, Mr. Bennett,
Mr. Chatzz. Mr. Fong. Mr. Gold-
water. Mr. Javtts, Mr. EIerx, Mr.
Long of Hawaii, Mr. MoGzb, Mr.
Moss. Mr. WiLXT. and Mr. Xnole) :

S. 22. A bill to expand and extend ths
saline water conversion program under ths

aireotlon of ths Secretary at tiM Interior to
proTltfs for accelerated research, develop-
msnt, demonstration, and application of
practical means for the economical produc-
tion, from saa or other saline waters, of water
suitable for agricultural, industrial, munici-
pal, and other beneficial consumptive usss,
and for other purposes; to the Commlttss on
Interior and Insular Affairs.

(See the remarks of Mr. Cass of South
Dakota when he Introduced the above bUl,
which appear under a separate heading.)

By Mr. AIKSN (for himself. Mr. Young

of North Dakota. Mr. Humphrey, and

Mr. Anderson) :
8.23. A bill to safeguard the health, efll-
clency, and morale of the American people;
to provide for Improved nutrition throu^ a
more effecUve distribution of food supplies
through a food allotment program; to assist
In maintaining fair prices and Incomes to
farmers by providing adequate outlets for
agricultural products; to prevent burdening
and obstructing channels of Interstate com-
merce; to promote the full vise of agrlc\il-
tural resources; and for other purposes; to
the Committee on Agriculture and Forestry.
By Mr. AIKKN (for himself and Mr.

HUMPHRZT) :

B.M. A bill to authorise cooperative as-
sociations at milk producers to bargain with
porehasei'S singly or In groups, and for other
purposes; to the Committee on Agrtculttire
and Forestry

By Ur. MOeS:

S. 25. A bill to authorise the Secretary of
the Interior to establish the Great Salt Lake
NaUonal Park In the State of Utah; and

8. 26. A blU to authorlBB the Secretary of
ths Intsrlor to construct, operate, and main-
tain ths Dlzls projsct, Utah, and for other
purposes; to the Committee oo Interior and
yn«iii*r Affairs.

By Mr. STMINOTON:

8.27. A bill to amend section 401 of title
18. United States Code, prohibiting certain
sots involving the use of tokens, slugs, disks,
devices, papers or other things; to the Com-
mlttss on the Judiciary.
By Mr. BUSH:

8.38. A Mil for the relief of Mrs. Michael
Stone:

8. 20. A bill (or the relief of Ok Kyn Chot
(Ann Wollmar);

8. 30. A bm for the reUef of Miss Andreina
VlseUl;

8. SI. A bill for the relief of Miss Hscel
TMng; and

8. 82. A biU for the reUef of Jenno Bsoasr.
to the Committee on Xh9 JiuUclary.

By Mr. TOUNG of North Dakot*:

8.83. A bill to remove wheat for seeding
purposes which has bssn treated with poi-
sonous substancas from the "unfit tor hu-
man consumption" catsgory for the purposes
of section 23 at the Agricultural Adjustment
Act of 1933, and for other purposss;

8. 84. A bill to amend section 10(a) of title
I of the Bankhead-Jones Farm Tenant Act.
as amended, so as to permit loans Insured
thereunder to bs Insxired for the full value
of the farm, less any prior Hen Indebtedness;

a. 35. A bUl rslathag to acreage allotments
for Durum wheat;

8. 36. A blU to amend the SoU Bank Act so
as to authorize the Secretary of Agriculture
to permit the harvesting of hay on oooserva-
tlon reserve acreage under oM'taln condi-
tions; and

8. S7. A hill to provide for ths estobUsh-
ment of a Spring wheat quality research
laboratory In Uie State of North Dakota; to
the Committee on Agrlcultiire and Forestry.

8. 38. A bill to provide for the eeUbllsh-
ment of the Geographic Center of the North
American Continent National Monument;

S. 80. A bill to provide for the return to the
former owners of certain lands. Including
Indian tribal lands, acquired in connection
with ths OarrlBon Dam project ot mineral
Interests Is sooh lands;

8. 40. A bill to snthorlBe the Secretary ot
ths Interior to receive from the Devils Lake
Slouz Tribe of the Fart ToCten Ressivattan.
N. Dak., a deed conveying certain property
on such reservation to the United States, and
for other purpoees; and

8.41. A bin to provide that the United
States shall return to the farmer owners oil
and gas rights In certain lands acqiiired for
the Garrison Dam and Reservoir project.
North Dakota; to the Committee on Interior
axul Insular Affairs.

8.42. A bill for the relief of Markos J.

8.43. a' bill for the relief of Doctor Fang
Luke Chlu; and

8. 44. A bill for the relief of Freda Feller;
to the Committee on the Judiciary.

8.46. A bill to amend the Federal W^er
Pollution Control Act In order to Increase
certain amounts authorized therein for
grants for sewerage treatment works; to the
Committee on Public Works

By Mr. CHAVEZ (for himself and Ifr.
Anderson) :

8.46. A bill to provide for the establish-
ment and administration of basic public
recreation facilities at the Kephant Butte
and Caballo Reservoir areas. New Mexico, and
for other pvu-poses; to the c6mmlttee on
Interior and Insular Affairs.

8. 47. A bill to provide for the appointment
of an additional district judge for the district
of New Mexico; to the Committee on the
Judiciary.

By Mr. CHAVEZ :

8.48. A Mil to authorize the Secretary of
the Army to modify certain leases entered
Into for the provision of recreation facilities
in resFrvolr areas;

S. 49. A bill to provide for the annual audit
of bridge commissions and avrthorltles cre-
ated by act of Congress, for the fming of
vacancies in the membership thereof, and
for other purpoees; and

8. 60. A bm to authorize the making and
enforcement of regulations at water supply
jMvjecta in the District ot Columbia and
environs, and for other purposes: to the
Committee on Public Works.

By Mr. CHAVBZ (for himself, Mr.
Case of Soutfa Dakota, and itr.
Bmoska):

8. 51. A bill to provide for a CkMxmilsBlon
on Presidential Offlce Space; to the Cwmmit-

tee on Public Works.

By Mr. GOLDWATSB:

8. 62. A bill to amend the Federal Unem-
ployment Tax Act EO as to exclude therefrom
service performed in the employment of cer-
tain political committees; to the Committee
on Finance.

8. 68. A bill to amend the Federal Prop-
erty and Administrative Services Act of 1940,
as amended, to promote the welfare of the
Indian tribes by making available to them
surplus personal property; to the Committee
on Government Operations.

8.54. A bill to grant 81 acres of public
domain to the Cooopah Indians in Arizona;
and

8.65. A bill to authorize the establish-
ment of the Fort Bowie National Hlstorlo
Site, In the State of Arizona, and for other
purpoees; to the Committee on Interior and
Insular Affairs.

8.66. A bill to amend the Communica-
tions Act of 1934 with respect to the t»tiad-
casttng of returns of presidential elections to
ths Committee <m Interstate and Foreign
Commerce.

(See the remarks of Mr. Goldwater when
be Introduced the last above mentioned bill,
which appear under a separate heading.)

8. 67. A bm to amend Public Laws 815 and
874, 8t8t Congress, relating to school assist-
ance in federally affected areas, so as to
limit paymente under such laws to situa-
tions involving tax-exempt Federal property;
to the Committee on Labor and PuUlo
W^fars.

By Mr. SMATHERS:
8. 58. A bm to amend the Internal Reve-
nue Code of 1954 so as to allow a deduction
for certain amounts paid by a taqiayer for
tuition and fees In providing a higher educa-
tion (or hlaaseU. his spouse, and his depend-
ente; and

S. 60. A bUl to encourage the sstablUh-
ment at volvntary pension plans by Re-
employed individuals; to ths Coounittee on
Finance.

S. 60. A bm to amend the National Labor
Relations Act so ss to prohibit discrimina-
tion in employment because of age; to the
Committee on Labor and Public Welfare.

S. 61. A bUl to establish an additional Ju-
dicial district within the State of Florida;
and

S. 62. A blU to i»«vlde scientllle sehcdsr-
ships and fellowships for children of veterans
and 6ther Individuals from Interest resiUtlng
from the investment of certain fxinds ob-
tained under the provi&lons of the Trading
With the Enemy Act. and to provide for ths
repayment tram, such funds of certain Amsr-
ican war claims against Germany and Japan;
to the Committee on the Judiciary.

By Mr. SMATHSR8 {tor himself and
Mr. Holland) :
S.63. A bm to im>vide for ths appoint-
ment of additional judges for the southern
district and the northern and southern xlis-
trlcts of Florida; to the Committee on the
Judiciary.

S. 64. A bill to amend title n of the Soeial
Security Act to Increase the annual amount
individuals are permitted to earn without
suffering deductions from the insurance
benefits payable to them under such title;
to the Committee on Finance.
My Mr. McNAMARA:
S. 65. A bm to provide for the payment of
hospital and other health services furnished
to aged retired individuals, and to provide
for a continuing study of the health needs
of such individuals; to the Committee on
Finance.

(See the remarks of Mr. McNamara when
he introduced the above bm, which appear
under a separate heading.)

By Mr. CHURCH (for himself and Mr.
Dworshak) :
S. 66. A bm to authorize the Secretary of
the Interior to construct, operate, and main-
tain a reregulating reservoir and other works
at the Bums Creek site in the UK>er Snake
River Valley, Idaho, and for other purpoees;
to the Committee on Interior and Insular

Affairs.

(See the remarks of Mr. Church when he
introduced the above bm, which appear
under a separate heading^
By Mr. SCHOEPPEL:

8. 67. A bm for the relief of CJoL Samuel
Hale;

S. 68. A bm for the reUef of Kay Addis;

8.69. A bm to provide for the appoint-
ment of a district judge for the district of
Elansas;

8. 70. A bm for the relief of Mah Nglm Hay
(JoeMah); and

8.71. A bm for the relief of Mah Nglm
Bell (Bm Mah); to the Committee on ths
Judiciary.

8.72. A bm to proTlde for the establish-
ment of the Fort Scott National Historic
Site, In the State of Kansas, and for other
piuTXJses; to the Committee on Interior and
Insular Affairs.

By Mr. SCHOEPPEL (for himself and
Mr. Carlson) :
8.78. A bm to authorize the establiZh-
ment of the Prairie National Park, In the
State of Kansas, and for other purposes; to
the Commlttes on Int«ior and Insular
Affairs.

ByMr. CABIJ90N:
S. 74. A bm to amend Oie CSvll Servlcs
Retirement Act so as to provide for reocaapa-
taticm of amraiUss whsre persons designated
to receive survlTar annuities prsdecsass ths
annuitants;

140

CONGRESSIONAL RECORD — SENATE

Jaimary 5

I

ilM'i

S. 75. A bill to amend the Civil Service
Retlrament Act so as to eliminate the pro-
visions requiring termination of annuities
of survlTing widows or widowers upon re-
maniage; and

8.76. A bUl to extend the second-class
mailing privilege to bulletins of State Indiis-
trlal development agencies; to the Commit-
tee on Post Office and Civil Service.
By Mr. BEALL:

S. 77. A bill to establish the Chesapeake
and Ohio Canal National Historical Park in
the State of Maryland, and for other pur-
poses; to the Conunlttee on Interior and In-
sular Affairs.

8.78. A bUl to establish the Inland Navi-
gation Commission; to authorize the provi-
sion and collection of fair and reasonable
charges for use of Inland waterway naviga-
tional Improvements constructed, main-
tained, or operated with Federal funds and
for other purposes; to the Committee on
Interstate and Foreign Commerce.

By Mr. YOUNG of North Dakota:

S. 79. A bill to authorize the Secretary of
the Army to convey certain lands located In
Burleigh County, N. Dak., to the city of
Bismarck, N. Dak.; to the Committee on
Armed Services.

By Mr. SPARKMAN:

8. 80. A bill to provide Increases In com-
pensation for food service workers and
laundry workers under the Veterans' Ad-
ministration; to the Committee on Labor
and Public Welfare.

8. 81. A bill to amend the Annual and Sick
Leave Act of 1051 to provide that any annual
leave credited to an employee at the end of
a leave year which is in excess of the maxi-
mum amoimt which can be carried over Into
the next leave year shall be credited to the
employee's sick leave account; to the Com-
mittee on Post Office and Civil Service.
By Mr. COOPKR:

8. 83. A bill for the relief of Naoko Ishl-
watarl White;

8.83. A bill for the relief of Maria Car-
paro;

8. 84. A J&IU for the relief of Jasper T. Wil-
loughby; and

8. 86. A bin for the relief of Rosarlo Bar-
rena ViUachola. Maria Dolores VlUar Salinas,
Angela Casanova Cabello, Carmen Guenaga
Anchustegui, and Flora Casals Pons; to the
Committee on the Judiciary.

By Mr. COOPER (for himself and Mr.
MoaroN) :

8. 86. A bill to authorize the Secretary of
the Army to modify certain leases entered
into for the provision of recreation facilities
In reservoir areas; to the Committee on Pub-
lic Works.

By Mr. HOLLAND:

8. 87. A bill to amend the National Labor
Relations Act so as to provide that nothing
therein shall invalidate the provisions of
State laws prohibiting strikes An public
utilities; and

S. 88. A bill to amend the Railway Labor
Act with respect to the settlement of labor
disputes Involving common carriers by air;
to the Committee on Labor and Public Wel-
fare.

S. 88. A bill to amend tlUe II of the Social
Security Act so as to permit the exclusion, in
computing the average monthly wage of cer-
tain veterans, of certain periods during which
they were on active duty with the Armed
Forces of the United States; to the Commit-
tee on Finance.

S. 00. A bill for the relief of James V. Wil-
liams; and

S. 01. A bill for the relief of Mrs. Sue Pyle;
to the Committee on the Judiciary.

By Mr. HOLLAND (for himself and Mr.
Smathkss) :

8. 83. A bill to authorize the Secretary of
the Interior to sell reserved phosphate Inter-
ests of the United States in lands located in
the State oi Horida to the record owners of
the surface thereof; and

8. 93. A bill to authorlae the Secretary ot
the Interior to sell reserved phosphate in-
terests of the United States in lands located
in the State ol Florida to the record owners
of the surface thereof; to the Committee on
Interior and Insular Affairs.

8.04. A bill to provide that the highway
running from Tampa, Fla.. through Brad-
enton, Fla., Punta Oorda, Fla., Fort Myers,
Fla., Naples, Fla., and Miami. Fla., to Home-
stead, Fla., shall be a part of the National
System of Interstate and Defense Highways;
to the Conunlttee on Public Works.
By Mr. DWORSHAK:

8. 95. A bin for the relief of Esperanza
Martin Prada; to th^ Committee on the
Judiciary.

By Mr. CARLSON:

S. 96. A bin to amend the Federal em-
ployees Health Benefits Act of 1950 so as
to eliminate any discrimination against mar-
ried female employees; to the Committee on
Post Office and Civil Service.

By Mr. YOUNO of North Dakota (for
himself and Mr. Binwicx) :

S. 07. A bill to promote the utilization of
Indian-owned resources by Indians of the
three affiliated tribes of the Fort Berthold
Reservation;.

S. 98. A bUl to authorize the Secretary
of the Interior to provide water and sewage
disposal facilities to the Medora area ad-
joining the Theodore Roosevelt National Me-
morial Park, N. Dak., and for other pur-
poses; and

S. 00. A bUl directing the Secretary of
the Interior to convey certain property In the
State of North Dakota to the city of Bis-
marck, N. Dak.; to the Commlt*^'*e on In-
terior and Insular Affairs.
By Mr. KNOLB:

S. 100. A bin to expand and extend the
saline water conversion program under the
direction of the Secretary of the Interior to
provide tor accelerated research, develop-
ment, demonstration, and application of
practical means for the economical produc-
tion, from sea or other saline waters, of
water suitable for agricultural, industrial,
municipal, and other beneficial consumptive
uses, and tor other purposes; to the Com-
mittee on Interior and Insular Affairs.

(See the remarks of Mr. Emolb when he
Introduced the above bUl. which appear
under a separate heading.)
By Mr. HOLLAND:

S. 101. A bUl fen- the relief of the Simp-
son Construction Co.; to the Committee on
the Judiciary.

ByMr.SNOLK:

8. 103. A bill to establish a Commission to
study and propose improvements In the
methods of nominating emd electing the Pres-
ident and Vice President; to the Commit-
tee on Rules and Administration.

(See the remarks of Mr. Bmou when he
Introduced the above bill, which appear
under a separate heading,)

By Mr. ENGUB (for himself and Mr.

KUCHEL) :

S. 103. A bill to authorize the Secretary of
the Interior to construct, operate, and main-
tain the Aubum-Folsom south unit, Ameri-
can River division. Central Valley project,
California, under Federal reclamation laws;
to the Committee on Interior and Insular
Affairs.

(See the remarks of Mr. Emolk when he
introduced the above bill, which appear
under a separate heading.)
ByMr.ANIMERSON:

S. 104. A bin to waUe certain restrictions
of the New Mexico enabling act with re-
spect to certain sales of lands granted to the
State by the United States; and to consent to
an amendment of the constitution of the
State of New Mexico;

S. 105. A biU to provide for the construc-
tion of recreation facilities in the Elephant
Butte Reservoir area, New Mexico; and

8. 106. A bill to amend the act ot April
10. 1960 (64 SUt. 44; 26 UB.C. 686). to bet-
ter promote the rehabUlUtlon of the Navajo
and Hopl Tribes of Indians; to the Commit-
tee on Interior and Insular Affairs.

By Mr. ANDERSCW (for himself and
Mr. CHAvaz) :
S. 107. A bill to authorize the Secretary of
the Interior to construct, operate, and main-
tain the Navajo Indian irrigation project and
the initial state of the San Juan-Chama
proje<;t as piu-tlcipatlng projects of the Colo-
rado River storage project, and for other pur-
poses; to the Committee on Interior and In-
sular Affairs.

By Mr. ANDERSON (for hlmaelf and
Mr. OoLOWATn) :
8. 108. A bin to amend the Indian Long-
Term Leasing Act; to the Committee on In-
terior and Insular Affairs.

By Mr. ANDERSON (for himself and
Mr. OaXTSNiirG) :
8. 100. A bUl to expand and extend the sa-
Une water conversion program under tha
direction of the Secretary of the Interior to
provide for accelerated research, develop-
ment, demonstration, and applicsaion of
practical means for the economical produc-
tion, from sea or other saline waters, of wa-
ter suitable for agricultural. Industrial, mu-
nicipal, and other beneficial consumpUva
usee, and fCHr other purposes; to the Com-
mittee on Interior and Insular Affairs.

By Mr. ANDERSON (for himself and
Mr. DwoasHAK) :
8. 110. A bill to authorize the Secretary of
the Interior to permit the occupancy and
use by the Congressional Club of certain
lands in the Dtotrlot of Coliunbla which are
undtf the Jurisdiction of the National Park
Swvloe; to the Conunlttee on Interior and
Insular Affairs.

By Mr. ANDERSON (for hlmMlf, Mr.
Chavzz, Mr. Bennett, Mr. Jackson.
Mr. Young of North Dakota. Mr.
Case of South Dakota, Mr. Mundt,
Mr. BzBLB, Mr. McOxx. Mr. Bastlxtt.
Mr. Moas, Mr. Caaaoix. and Mr.
KucaxL) :
8. 111. A biU to authorlae public land
States to select certain public lands in ex-
change for land taken by the United States
for mUitary and other uses, and for other
purposes; to the Committee on Interior and
Insular Affairs.

By Mr. KERR (for himself and Iff.

MONSONXT) :

8. 113. A bUl to provide that the Secretary
Of the Army shall establish a national
cemetery in Fort Reno, Okla., on certain
lands presently under the jurisdiction of the
Secretary of Agriculture; to the Committee
on Interior and Insular Affair*.
By lir. JAVIT8:

8. 113. A bill to amend the Bankruptcy Act
with respect to the priority of debts owed
by a bankrupt to workmen, servants, clerks,
and certain salesmen; to the Committee on
the Judiciary.

By Mr. KERR (for himself and Mr.

MONSONET) :

8. 114. A bill to authorlae the Secretary of
the Interior to construct, operate, and main-
tain the Waurika reclamation project, Okla-
homa; to the Committee on Interior and
Insular Affairs.

By Mr. KERR (for himself. Mr.

MONEONET, Mr. SCHOXPFEL. Mr.

Bible, Mr. Cannon. Mr. CHUXCR,
and Mr. Mktcalp) :
8. 116. A bin to stabUlze the mining of
lead and zinc by small domestic producen
on public. Indian and other lands, and for
other purposes; to the Committee on Interior
and Insular Affairs.

By Mr. JAVTTS (for hlmseU and Mr.
Keatino) :
8. 116. A bUl to permit certain alien
spouses of members of the Armed Force* to

1961

CONGRESSIONAL RECORD — SEN ATE

141

reenter the United State* without payment
of visa fees; to the Committee on the Ju-
diciary.

By Mr. KERR (for himself and Mr.

MOMBONXT) :

8. 117. A bill to authorize the construc-
tion, operation, and maintenance of the
Canton project. Oklahoma, by the Secretary
of the Interior; to the Committee on In-
terior and Insular Affairs.

By Mr. JAVTTS:

8. 118. A bin for the relief of Hel^ Irma
Imhoof ; to the Committee on the Judiciary.

By Mr. JAVITS (for himself and Mr.
Keatino) :
8. 110. A bill to provide for an additional
payment of $166,000 to the vlUage of High-
land Palls. N.Y., toward the cost of
the water flltnitlon plant constructed by
such village; to the Committee on the
Judiciary.

By Mr. KERR (for himself, Mr.

Chavez, Mr. Moss, Mr. Casx or

South Dakota. Mr. Monbomxt, and

Mrs. NnTBXBGZB) :

8. lao. A bill to amend the Federal Water

PoUutlon Control Act to provide for a more

effective program of water pollution control;

to the Conunlttee on Public Works.

(See the remarks of Mr. Kzaa when he
Introduced the above bill, which appear
under a separate heading.)

By Mr. KERR (for himself, Mr.
Ohavsz. Mr. Case of South Dakota,
Mr. Motraomr. Mr. Coora. and
Mrs. NxuBxaozE) :
8. 131. A bill to make tb* evaluation of
recreational beneflte resulting from the con-
struction of any Federal water resources
project an integral part of project planning,
and for other purposes; to the Conunlttee on
Public Works.

(See the remarks of Mr. Kebs when he in-
troduced the above bill, which appear under
a separate heading.)

By Mr. ALLOTT (for himself and Mr.
CASaoix) :
8. ISS. A bin to amend the Internal Reve-
nue Code of 1064 to establish a 37>^ percent
depletion allowanoe for minerals mined as
a source of synthetic oil or gas; to the Com-
mittee on Finance.

By Mr. JAVITS (for himself. Mr. Kxat-

iMO, Mr. BufNETT, Mr. Ooorza. Mr.

AtxoTT, and Mr. Kochkl) :

8. 123. A bill to amend title 18 of the

United SUte* Code relating to threats or

injury to Federal officers in the discharge

of their duties; to the Committee on the

Judiciary.

By Mr. BIBLE:
8. 134. A bin for the relief of Amaran Bin
Jamil;

8. 138. A bin for the relief of Juan Joee
Klorriage;

8. 136. A bill for the reUef of Edward W.
Soottni;

8. 137. A biU f or the reUef of Manuel OU-
Carrasco and Jesus Torrado-Bspana;

8. 128. A bin for the relief of Victor Eche-
varrla Zubieta;

8. 120. A bin tot the relief of Tashiko Oima
and her minor chUd, Kentaroo Oima; and

8. 130. A bill for the rrilef of loannls F.
Kostakis; to the Committee on the Judiciary.
By Mr. BIBU (for himself and Mr.
Cannon) :
8. 131. A bin for the reUef of Orlando
Oonflantlnl; to the Conunlttee on the Judi-
ciary.

By Mr. BIBLS (for himself and Mr.
DnucsBN) :
8.182. A bUl for the relief of Man-Yeh
Chow; to the Committee on the Judiciary.

By Mr. BIBLE (for himself. Mr. Can-
non, Mr. Hatobn, and MT. 0010-

WATB) :

8. 188. A bill giving the consent of Oon-
grsas to a compact between the State of
Arlaona and the State of Nevada establish-

ing a boundary between those States; to the
Committee on the Judiciary.
Bv Mr HARTKX *

8. 134. A MU fw the relief of Constantin
Zamtk. and his wife. Eva Zarmi, and their two
sons, Pavel Zarna and Oonstantln Zarna;

S. 136. A bin for the roUef of Janis
Papulls;

S. 186. A MU for the relief of Dlnko
DcH«lc;

8. 137. A bin for the reMef of Borivoje
Ilic;

8. 138. A bin for the reUef of Mlco Delic;

S. 130. A bin for the relief of Krste
Angeloff;

8. 140. A bin for the relief of Vladimir
(Tale vie) Talevski;

5. 141. A bin for the reli<!f of Chrysoeto-
mosPascali (Paschalis); and

8. 14,?. A bUl for the relief of Glacomo
Ferro; U> the Committee on the Judiciary.
By Mr. ALLOTT:

6. 148. A bin to authorir« the Secretary
of the Interior to exchange certain property
in Rocky Moimtaln National Park, Colo..
and for other purposes; to the Committee
on Interior and Insular Affairs.

By Mr. BUSH (for timself and Mr.
Bennett) :
S. 144. A bin to amend the Employment
Act of 1046 to make the maintenance of a
reasonably stable price level an expUclt aim
of Federal economic j)olicy; to the Committee
on Banking and Currency.

(See the remarks of Mr. Bosh when he in-
troduced the above bin. which appear under
a separate heading.)

By Mr. LONG of Hawaii :
8. 145. A bin to provide that the Secre-
taries of State and Commerce shall investi-
gate and report to the Congress as to the
feaslbUity of establishing a Pacific Interna-
tional Hoxise on Sand Island, Hawaii; to the
Committee on Foreign Relations.

(See the remarks of Mr. Long of HawaU
when he Introduced the above bill, which ap-
pear under a separate heading.)

By Mr. PROXMIRE (for himself, Mr.

AZKXN, Mr. Cbtthch, Mr. Hast, Mr.

HtncPHEZT, Mr. Javits, Mr. Long ol

Missouri. Mr. Magnvson, Mr. Mitndt,

Mr. Stmikoton. Mr. Talmadge, Mr.

WiLET, Mr. Young of North Dakota,

Mr. McCabtht. Mr. Peoxttt, Mr.

Keating. Mr. Caxxoll, Mr. Young of

Milo, Mr. Kepatveh, Mr. Yar-

•OBOUGH. Mr. Caelson. Mr. Jackson,

and Mr. Coopex) :

S. 146. A MU to extend and Increase the

special milk program for chUdren; to the

Committee on Agriculture and Forestry.

(See the remarks of Mr. Pboxmibe when he
Introduced the above bUl, which appear
under a separate heading.)
ByMr.DIRKSKN:
8. 147. A bin to authorize the Secretary of
Agriculture to develop a recreation area in
connection with the Shawnee National Forest
in Pope Coimty. Dl.. and for other pxirpoees;
to the Committee on Agrlcultiu>e and
Forestry;

S. 148. A bin for the reUef of SUvana Di-
blaslo Flacco;

S. 140. A bin for the relief of the estate
of Gregory J. Kessenlch;

8. 150. A bin to amend the act entitled "An
act to provide for the registration and pro-
tection of trademarks usecl in commerce, to
carry out the provialons of international con-
ventions, and for other purposes." approved
July 5, 1046, with respect to proceedings in
the Patent Office; and

S. 151. A bUl for the incorporation of the
Merchant Marine and Maritime Service Vet-
erans' Association; to the Committee on the

Judiciary.

By Mr. DIRKSBT (by request) :
8. 163. A bUl for the relief ot Hee Ch»n;
to the Committee on the JOdiciary.

By Mr. McCI^LLAN (for himself, Mr.
JsCKBON, Mr. HuKPHEXT, and Mr.

Ebvin) :

8. 153. A bin to further amend the Re-
organization Act of 1940, as amended, so
that such act win apply to reorganization
plans transmitted to the Congress at any
time before June 1. 1963; to the Committee
on Government Oi>eratlons.

(See the remarks of Mr. McClxllaw when
he Introduced the above bin. which appear
undo* a separate heading.)

By Mr. McCLELLAN (for himself, Mr.
Bennett, and Mr. Moas) :

8. 154. A bin to provide for the adjust-
ment of the legislative jurisdiction exercised
by the United States over land in the several
States used for Federal purposes, and for
other purposes: to the Committee on Gov-
emnient Operations.

(See the remarks of Mr. McCuxlan when
he IntetKiuced the above bin, which appear
under a eeparate heading.)

By Mr. KEATINO (for himself and Mr.
Javits) :
S. 155. A bin to amend title 33 of the
United States Code relating to highways, in
order to permit States having toU and free
roads, bridges, and tunnels designated as part
of the National System of Interstate and De-
fense Highways to designate other routes for
inclusion in the Interstate System; to the
Committee on Pubhc Works.

(See the remarks of Mr. Keating when he
Introduced the above bill, which appear
under a separate heading.)
By Mr. MUNDT:
S. 156. A bUl for the reUef of Bum-Nal
Eddie Ham; to the Committee on the Judi-
ciary.

By Mr. ALIiOTT (for himself and Mr.
Caksoul) :
8. 157. A bin providing for the appoint-
ment of an additional district Judge for the
District of Colorado; to the Committee on
the Judiciary.

By Mr. MORSE:
S. 158. A bin to confer upon the Domestic
Relations Branch of the Miuiiclpal Court for
the District of Columbia jurisdiction to hear
and determine the petition for adoption fUed
by Marie Taliaferro; to the C<Mxunlttee on the
District of Columbia.

8. 159. A bin for the reUef of the estate of
Gerald E. Helmo-; and

S. 160. A bin for the relief of Thomas O.
"Tate, Jr.; to the Committee on the Judiciary.
8. 161. A bUl to amend the Federal Em-
ployees' Group Life Insurance Act of 1964 so
as to extend insurance coverage to certain
employees engaged in hazardous activities;
to the Committee on Post Office and CivU
Sovloe.

(See the remarks of Mr. Moese when he in-
troduced the above-mentioned bUls, which
appear imder separate headings.)

By Mr. MUNDT (for himself, Mr. Scon,
Mr. Pkoutt, Mr. Kkfauvee, Mr.
Bible, Mr. Kuchel, Mr. Bxtsh, Mr.
Keating, Mr. Schobtel, Mr. Fonc,
Mr. Bxdcbs, Mr. Toung of North
Dakota, Mr. Bennett. Mr. Cootes,
Mr. Case of New Jersey, Mr. Hoi.-
tAND, Mr. HtncPHEXT, Mr. Thub-
MOND, Mr. Randolph, Mr. Smathbu.
Mr. Casboll, and Mr. Dwc«shak) :
S. 162. A bin creating a commission to be
known as the Cozmnlsslon on Noxious and
Obscene Matters and Materials; to the Com-
mittee on Government Operations.
By Mr. THURMOND :

8. 163. A bin to provide for the convey-
ance of certain real property to the city <rf
Myrtle Beach, 8.C., for National Guard pur-
poses; to the Committee on Armed Services.

ByMr. MOBSE:

9. 164. A bin for the relief ot Oberte Helen
Braitton; to the Committee on the Judiciary.

*

i

14Z

CONGRESSIONAL RECORD — SENATE

January 5

I

1961

CONGRESSIONAL RECORD — SEN ATE

143

^1

••,1

11

I

3

■» .1

4 /.

*! |i I

(8m the mnmrlCB of Mr. Moiss when he
tBtoottueed the above blU. which appear un-
der a aeparate heading.)

By Ifr. IIORSB (for himself and Mr.

HWPHBKT) :
S. 160. A hill to require Members of Con-
greas, certain oUier officers and employees of
the United States, and certain officials of po-
litical parties to file statements disclocing
the amount and sources of their Incomes.
the value oi their assets, and their dealings
in securities and commodities; to the Com-
mittee on Rules and Administration.

(See the remarks of Mr. Moss* when he
Introduced the above bill, which aj^ear un-
der a separate beading.)

By Mr. KEFAUVER:

8. IM. A bill to amend the Clayton Act. as
amended, by requiring prior notification of
corporate mergers and acquisitions, and for
other purpoeee;

S. 167. A bill to auth<M-ize the Attorney
General to compel the production of docu-
mentary evidence reqxilred In civil investi-
gations for the enforcement of the antltr\ut
laws, and for otber purpoees;

8. 168. A bill to make the Sherman Act and
the Federal Trade Commission Act applicable
to the ofganized team sport of baseball and
to limit the applicability of such laws so as
to exempt certain aspects of the organized
professional team sports of baseball, foot-
ball, basketball, and hockey, and for other
purpoees;

8. lae. A blU for the relief of Dr. Rodolfo
De Oca:

8. 170. A bill for the relief of Dr. Eugenlo
De Lacruz and his wife. Josefa Ancheta La-
crus;

8. 171. A bUl for the relief of Bernard J.
Braganza; and

8. 173. A bill for the relief of Chi Yan Chu;
to the Oommittee on the Judiciary.

(See the remarks of Mr. KKFAUVxa when
be introduced the first tbree above-men-
tioned bills, which appear under separate
headings.)

By Mr. JOHN8TOH (for hlmseU and
Mr. HuMPBxxT) :

8. 173. A bill to provide for the Increased
use of agricultxiral products for industrial
purposes; to tbe Conunittee on Agriculture
and Forestry.

(See the remarks of Mr. Johnston when
he introduced the above bill, which api>ear
under a separate heading.)
By Mr. ANDERSON:

8. 174. A bill to establish a National WU-
demess Preservation System for the per-
manent good of the whole people, and for
other piirposes: to the Committee on In-
terior and InsiUar Affairs.

(See the remarks of Mr. Anoksson when
he Introduced the above bill, which appear
under a sepaxate heading.)
By Mr. MOSS:

8. 178. A bill to amend the Colorado River
Storage Project Act with respect to the pro-
tection of national parks and monuments
under the provisions ctf such act; to the
Oommittee on Interior and Insular Affairs.

(See the remarks of Mr. Moss when he
Introduced tbe above bill, which appear un-
der a separate heading.)
ByMr.KSATINa:

8. 176. A blU for the reUef of Robert Rob-
erts;

a 177. A blU for the reUef of Hadji Benlevi;
•Pd

8. 178. A biU for the reUef of Michael J.
Collins; to the Committee on the Judiciary.
By Mr. JOHNSTON:

S. 179. A blU to amend section 201 of the
Act of September 21. 1959 (73 Stat. 610) . to
provide for the nutritloiutl enrichment and
the sanitary transportation and storage of
rice distributed under certain programs; to
the Committee on Agrlc\ilture and Forestry.

(See the remarks of Mr. Johnston when
he Introduced the above bill, which appear
under a separate heading.)

By Mts. SMITH of MataM (for herself,
Mr. Bkau.. Mr. Chavb^ and Mr.

MoBSB) :

8 J. Res. 1. Joint reM>lutkm prc4>oslng an
amendment to the Constitution of the
United States providing for nomination of
candidates for President and Vice President,
and for election of such candidates by pop-
ular vote; to the Committee on the Judi-
ciary.

(See the remarks of Mrs. Smttb of Maine
when she Introduced the above Jolpt reso-
lution, which appear under a :^parate
heading.)

By Mr. JOHNSTON:

S J. Res. a. Joint resolution proposing an
amendment to the Constitution of the
United States providing for the election of
President and Vice President; to the Com-
mittee on the Judiciary.

(See the remarks of Mr. Johnston when
he introduced the above Joint resolution.
which appear under a separate bending.)
By Mr. DIRKSEN (by request) :

S.J. Res. S. Joint resolution designating
the American marigold (tagetes erecta) as
the national floral emblem of the United
SUtes: to the Committee on the Judiciary.
ByMr. DODD;

SJ. Res. 4. Joint resolution pro(>oeing an
amendment to the Constitution of the
United States relative to the election of Presi-
dent and Vice President; to the Committee
on the Judiciary.

(See the remarks of Ur. Dodd when he
introduced the above Joint resolution, which
appear under a separate heading.)
By Mr. GOLDWATER:

S.J. Res. 6. Joint resolution for the estab-
lishment of a commission to study the non-
mineral public land laws of the United
States to facilitate the enactment of a more
effective, simi^lfled. and adeqiiate Lystem of
laws governing the transfer of title to pub-
lic lands to individuals, associations, corpo-
rations, and to State and local governments
or their Instrumentalities; to tbe Committee
on Interior and Insular Affairs.
By Mr. ANDERSON :

S J. Res. 6. Joint resolution to provide
for the reappointment of Dr. Jerome C.
Hunsaker as Citizen Regent of the Board of
Regents of the Smithsonian Institution; to
the Committee on Rules and Administration.

(See the remarks of Mr. ANoaasoN when
he introduced the above Joint resolution,
which appear under a separate heading.)

S.J. Res. 7. Joint resolution proposing aa

amendment to the Constitution of the

United States relating to the adjournment of

Congress; to the Oommittee on the Judiciary.

By Mr. HCXXAMD (for himself and

Mr. Smathsis) :

S.J. Res. 8. Joint resolution to provide for
the designation of the week of Whitsunday
of each year as Hernazulo de Soto Week; to
the Committee on the Judiciary.
By Mr. 8MATHSRS:

8 J. Res. 9. Joint resolution proposing an
amendment to the Constitution relating to
the nomination and election of candidates
for President and Vice President, and to mic-
cesslon to the office of President in the event
of the death or inability of the President; to
the Committee on the Judiciary.

S.J. Res. 10. Joint resoluUon to cstabUsh a
Coaunlssion to study and propose improve-
ments in the methods of nominating and
electing the President and Vice President; to
the Committee on Rules and Administration.
^ Mr. CASE of South DakoU:

8 J. Res. 11. Joint resolutkm proposlxiff an
amendment to the Constitution of the
United States providing for a term of 4
years for Members of the House of Repre-
sentatives; to the Committee on the
Judiciary.

(See the remarks of Mr. Cask of South
Dakota when he Introduced the above joint
resolution, which appear under a separate
heading.)

By Mr. MUNDT (for himseU. Ur.
THVBMOND. Mr. MoCiwiiSW. Mr.
HaxTSXA. Mr. Mobton, and Mr. Blak-

LBT) :

S.J. Res. 12. Joint resolution proposing an
amendment to the ConsUtutlon of the
United SUtes providing fcr the election of
President and Vice President; to the Com-
mittee on the Judiciary.

(See the remarks of Mr. Mttwot when he
introduced the above Joint resolution, which
appear under a separaU heading.)

By Mr. JACKSON (for himself and
Mr.Maem'soir):

S.J. Res. 13. Joint resolution to authorize
the construction of a hotel and related ta-
clliUes in Mount Rainier National Park; to
the Committee on Interior and Insular

Affairs.

By Mr. KKFAUVXR:

8J. Res. 14. Joint resolution to amend the
Constitution of the United SUtes concerning
residence requirement for voting for Presi-
dent and Vice President of the United SUtes;

S.J. Res. 15. Joint resolution proposing an
amendment to the Constitution to repeal
the 22d article of amendment to the Consti-
tution;

S J Res. 16. Joint resolution proposing aa
amendment to the Constitution of the
United SUtes providing for nomination eC
candidates for President and Vice President
by primary elections;

S J. Res. 17. Joint resolution proposinff an
amendment to the Constitution of the
United SUtes providing for the election of
President and Vice President;

S J. Res. 18. Joint resolution to amend tbe
ConsUtutlon to authorize Oovemors to fill
temporary vacancies in the Bouse of Bepre-
senUtlves;

S J. Res. 19. Joint resolution proposing an
amendment to the Constitution of the
United SUtes relating to cases where tbe
President Is unable to discharge the powers
and duties of his office; and

S.J. Res. 20. Joint resolution proposing an
amendment to the Constitution of the
United States granting to citizens of the
United States who have attained the age of
18 the right to vote; to the Oommittee on
the Judiciary.

(See the remarks of Mr. Koaovs when he
latKMtoced the above Joint resolutions, which
appear under a separate heading.)

CONCURRENT RESOLUTION

PRESIDENTIAL POWER TO VETO
ITEMS IN CERTAIN BILLS

Mr. BUSH (for himself. Mr. Bt» of
Virginia, and Mr. Williams of Delaware)
submitted a concurrent resolution (8.
Con. Res. 2) ; which was referred to the
Committee on Rules and Administimttoo.

RESOLUTIONS

AMENDMENT OF RUU! XTV OP
STANDING RULES OP THE SENATE

Mr. DIRKSEN submitted the foUowing
resolution (8. Res. 15) ; which was re-
ferred to the Committee on Rules and
Administration:

Resolved, That, effective at the beginning
of th9 second session. Ighty-seventh Con-
gress, paragraph numbered 1 of rule XIV of
tlM Standing Rules of the Senats be. and the
same is hereby, amended by adding after
tbe word "day", after the end of said para-
graph, a semicolon and the following: "and
no bill, resolution, or amendment may be
Introduced or proposed jointly by two or
more Senators, except that ( 1 > the two Sen-
ators from any SUte may Jointly latrodoee
or propose any private bill or resolution or
any bill, resolution, or amendment of a loesl

nature or of interest primarily to the real-
denU of such StaU, and (3) two or more
Senators may Jointly introduce or propose
any bill or Joint resolution authorlElng the
aialsi repressnted by than to negotiate or to
entar into an interaUte compact. Kxeept as
provided above, the affixing of the names of
two or more Senators to a bill, resolution, or
amendment is unauthorised.": so that ss
amended the paragri^ will read as follows:
"1. Whenever a bill or Joint resolution
shall be offered. Its introduction shall, if ob-
jected to. be postponed for one day; and no
bill, resolution, or amendment may be intro-
duced or proposed JcHntly by two or more
Senators, except that (1) the two Senators
from any State may Jointly Introduce or pro-
pose any private bill or resolution or any
bill, resolution, or amendment o2 a local
nature or of intereet primarily to the resi-
dents of such SUte, and (2) two or more
Senators may Jointly introduce or propose
any bill or Joint resolution authorizing the
States represented by them to negotiate or to
enter Into an intersUte compact. Kxeept as
provided above, the affixing of the names of
two or more Senators to a bill, resolution, oi
amendment is unauthorized."

AUTHORIZATION FOR CiERTAIN EX-

PENDITURE8 BY COMMITTEE ON

PUBUC WORKS

Mr. CHAVEZ submitted the following
resolution (8. Res. 16); which was re-
ferred to the Committee on Public
Works:

Resolved, That the Committee on Public
Works, or any duly authorized subcommit-
tee thereof. Is authorized \mder sections 134
and 136 of the Legislative Reorganization
Act of 1946, as amended, and in accordance
with lU Jurisdiction specified by rule XXV
of the Standing Rules of the Senate from
February 1, 1961. to January 31, 1962, inclu-
sive, to (1) make such expenditures as it
devns advisable; (2) to employ upon a tem-
porary basU, technical, clerical, and other
SMlstanU and oonstdtanU: Provided, That
the minority is authorized to select one pw-
son for appointment, and the person so
selected shall be appointed and his com-
pensaticm shall be so fixed that his gross rate
shall not be less by more than $1,200 than
the highest gross raU paid to any other
employee; and (3) with the prior consent
of the heads of the departmento or agencies
concerned, and of the Committee on RvUes
and Administration, to utilize the reimbiirs-
able servloes. information, facilities, and
personnel of any departments or agencies of
the Government.

Sac. 3. The expenses of the oommittee
under this resolution, which shall not exceed
$128,000, shall be paid from the contingent
ftmd of the Senate upon vouchers approved
by the chairman of the oommittee.

PARTICIPATION IN CONFERENCE
ON TARIFF MODIFICATIONS

Mr. DWORSHAK submitted the fol-
lowing resolution (8. Res. 17), which
was referred to the Committee on
Finance:

Whereas the present Imbalance of dollar
paymenU which has resulted in a serious
drain on the gold reserves of the United
States has been caused In large part by oon-
cessions in tariffs negotiated through the
Oeneral Agreement on TsrUTs and Trade;

Whsreas conferences which may lead to
further tariff concesstons through the Oen-
eral Agreement (m Tariffs and Trade are now
being held In Geneva, Swltaerland; and

Whereas participation by the United SUtes
in the Oeneral Agreement on Tariffs and

Itade has never been approved by the C<m-
gress: How, therefore, be it

Retolved. That it is the sense of the Sen-
ate that the participation by the United
SUtes in the conferences seeking further
modifications in our tariffs through the Oen-
eral Agreement on Tariffs and Trade should
be terminated immediately and all repre-
senUtlM of the United SUtes at such con-
ferences should be recalled.

SELECT COMMITTEE TO INVESTI-
GATE IMPACT OF LABOR-MAN-
AGEMENT DISPUTES AND OF COL-
LECTIVE BARGAINING ON THE
NATIONAL ECONOMY AND THEIR
EFt-'ECT ON AMERICAN PUBLIC

Mr. <30LDWATER submitted Uie fol-
lowing resolution (S. Res. 18), which
was referred to the Committee on Labw
and Public Welfare :

Resolved, That there is hereby established
a select conunittee which is authorized and
directed to conduct an investigation and
study of the imiHtct of labor-management
disputes and of collective bargaining gen-
erally on the national economy, and the ef-
fecU thereof on the well-laelng of the Ameri-
can public as a whole, and to determine
whether any changes are required In the
laws of the United SUtes in order to protect
the national economy and to safeguard the
InteresU of the public.

Smc. 2. (a) The select committee shall con-
sist of eight members to be appointed by the
Vice President, selected in equal numbers
from the Committee on IntersUte and For-
eign Conunerce and the Committee on Labor
and Public Welfare, and two members from
each committee shall be members of the
majority and two of the minority Members
of the Senate. At iU first meeting, to be
called by the Vice President, the select 0(m-
mlttee shall select a chairman and vice
chairman, and adopt rules of procedures not
Inconsistent with the rules of the Senate.

(b) Any vacancy shall be filled in the same
manner as the original appointmenta.
' Sac. 8. (a) The select committee shall re-
part to the Senate by January 81, 1962, In-
clusive, and shall, if deemed appropriate, in-
clude in Ite reixMrt specific legislative recom-
mendations.

(b) Upon the filing of its final report the
select committee shall cease to exist.

Sec. 4. For the purposes of this resolution
the select committee is authorized to (1)
make such expenditures from the contingent
fund of the Senate; (2) hold such hearings;
(8) sit and act at such times and places dur-
ing the sessions, recesses, and adjournment
periods of the Senate; (4) take such testi-
mony; (6) employ on a temporary basis such
technical, clerical, and other asslsUnU and
consulUnts: and (6) with the prior consent
of the executive department or agency con-
cerned and the Committee on Rules and Ad-
ministration, employ on a reimbursable basis
such executive branch personnel, as It may
deem necessary and appropriate; and further,
with the consent of other committees or
subcommittees, work in conjunction with
and utilize their staffs, as it shall be deemed
necessary and ai^ropriate in the Judgment
of the chairman of the select committee.

Ssc. 6. The expenditures authcH-ised by this
resolution shall not exceed $ , and shaU
be paid upon vouchers signed by the chair-
man of the select committee.

referred to the Committee on Rules and

Administration:

Resolved, That the Secretary of the Senate
Is hereby authorized and directed to pay
from the contingent f\md of the Senate the
actual and necessary expenses Incurred by
the committee appointed to arrange for and
attend the fvmeral of the Honorable Thomas
C. Hennings, Jr.. late a Senator from the
SUte of Missouri, on vouchers to be ap-
proved by the chairman of the Committee
on Rules and Admin lstrati<».

FUNERAL EXPENSES OF THE LATE
SE3YATOR HENNINGS OF MIS-
SOURI

Mr. 8YMINOTON submitted the fol-
lowing resolution (S. Res. 19) , which was

^'^

!■

THE AREA REDEVELOPMENT BILL

Mr. DOUGLAS. Mr. President, I In-
troduce for appropriate reference the
area redevelopment bill: and I am very
happy to have been joined by 43 other
Senators as cosponsors.

I shall try to follow the injuncticm
of my colleagues, so as to confine my
remarks to 3 minutes.

Mr. President, this is the fourth Con-
gress in which I have introduced an area
redevelopment bill. The Senate has ap-
proved such a bill on three occasions. I
hope the 87th Congress will consider the
bill favorably and with a sense of
urgency.

The need for this bill has increased
during the 5 years since the Senate first
approved the distressed area bill. Ris-
ing unemployment and inadequate eco-
nomic growth have accentuated the
problems of unemployment throughout
the Nation. The number of distressed
areas has increased. There are nearly
100 such areas of substantial and per-
sistent unemplojTnent. In these areas,
there are at least 15 million people
and over 600,000 unemployed. Un-
employment Uiroughout the Nation now
exceeds 6 percent, but unemplojrment in
the distressed areas is nearly twice as
high, and in about a score of communi-
ties it exceeds depression proportions of
15 percent or more.

There are also hundreds of counties
in predominantly rural areas where in-
comes are extranely low and unemploy-
ment is extremely high. These counties
have an additional population of from
4 to 7 million.

The express purpose of ttie bill Is to
establish an effective program for re-
ducing substantial and persistent xmem-
ployment and imderonployment in the _
distressed areas of the country and to f|u^
help maintain a continuing high level of
ecmiomy throughout the United States.

Tills economically unhealthy situation
creates hardship to many individuals
and their families and impairs the na-
tional welfare by wasting human
resources. This bill will assist commu-
nities, industries, enterprises, and in-
dividuals in distressed areas to achieve
lasting local improvements by the devel-
opment of new employment ow>ortuni-

ties.

It is now generally accepted that the
Federal Government has a responsibility
to help assure maximum employment.
This principle is now a part of the law
of the land, through the enactment of
the Employment Act of 1946. The per-
sistence of high unemployment and
underemployment in many areas should
be fought by the Federal Government,
not only because H causes great human

J

^

144

CONGRESSIONAL RECX)RD — SENATE

January 5

■ufferlng in these areas, but also because
these conditions are a threat to the gen-
eral welfare of the Nation. The bUl
which we offer recognizes this responsi-
bility to the areas of chronic unemploy-
ment and underemployment and pro-
vides for a program which will help the
people in these areas expand their eco-
nomic activities. The bill proposes a
program which will stimulate these areas
to help themselves.

I am encouraged by the growing ac-
ceptance of the principles imderlying the
bin.

President-elect Kennedy, who was a
Creat champion of the bill when he
served In the Senate, has given the bill
a high priority in his legislative pro-
gram. In receiving the task force report
last Sunday, the President-elect endorsed
tbe iHinciples of this bill, and stated:

It woiild be a mistake to consider the
problems of chronic unemployment »nd
underemployment solely In the context of
the areas directly affected. The entire Na-
tion BXiffers when there is prolonged hard-
ship in any locality. This problem 1b espe-
elaUy critical today, for 1 out of every 10
persons In the United States Ilres In an area
that now feels the Impact of chronic un-
employment or underemployment.

I ask imanimous consent to insert In
the Rkcord the text of the bill, a digest
Of the bill, the latest U.S. Department of
Labor list of substantial and persistent
labor surplus areas, and an editorial
from the Washington Star of January
3. 1961.

TTie PRESIDENT pro tempore. The
bin wHl be received and appropriately re-
ferred; and, without objection, the biU,
digest, list, AxuX editorial wiU be printed
In the Record.

The bin (S. 1) to establish an effective
program to aUeviate conditions of sub-
stantial and persistent unemployment
and underemployment in certain eco-
nomically distressed areas, introduced
by Mi. Douglas (for himself and other
Senators), was received, read twice by
its title, referred to the Committee on
pftpifing and Currency, and ordered to
be printed In the Record, as foUows:

Be it enacted by the Senate and House of
JUfre*entative* of the United State* o/
America in Congreta assembled. That this
Act may be cited as tbe "Area Redevelopment
Act".

inccx.AaATioM or pnaposK

8bc. a. The Congress declares that the
maintenance at the national economy at •
high level Is vital to the best Interests of the
United States, but that some of ova com-
nmnltles are suffering substantial and per-
sistent unemployment and underemploy-
ment; that such unemployment and under-
employment cause hardship to many indi-
viduals and their families and detract from
the national welfare by wasting vital human
resources; that to overcome this problem the
Federal Government, In cooperation with
the States, should help areas of substantial
•nd persistent unemployment and under-
employment to take effective steps In plan-
ning and financing their economic redevelop-
ment; that Federal assistance to commu-
nities, Industries, enterprises, and Individuals
In areas needing redevelopment should en-
able such areas to achieve lasting Improve-
ment and enhance the domestic procperlty
I>y the establishment of stable and diversi-
fied local economies; and that \mder the
provisions of this Act new employment o)^
portunltles should be created by developing

and expanding new and sslstlng facilities and
resotirces without substantlaUy reducing
employment In other areas at the United

States.

AKSA DXVXLOPMKMT ADKINUTaAnOW

Sac. 3. In order to carry out tbe purpose*
of this Act, there Is hereby established, with-
in the executive branch of the Oovernment.
an Area Redevelopment Administration.
Such Administration shall be under the di-
rection and control of an Administrator
(hereinafter referred to as the "Administra-
tor") who shall be appointed by the Presi-
dent, by and with the advice and consent of
the Senate, and shall be compensated at the
same rate as that prescribed by law for an
assistant secretary of an executive depart-
ment.

ADVI80ST BOARD

S»c. 4. (a) TO advise the Administrator in
the performance of functions authorlaed by
this Act, there Is authorized to be created an
Area Redevelopment Advisory Board (here-
inafter referred to as the "Board"), which
^all consist of the following members, all
ex officio: the Administrator as Chairman;
the Secretaries of Agriculture; Commerce;
Defense; Health, Education, and Welfare;
Interior; Labor; and Treasury; the Admin-
istrators of the Qeneral Services Administra-
tion; Hoiislng and Home Finance Agency;
and Small Business Administration; and the
Director of the Office of Civil and Defense
Mobil izaUon.

The Chairman may from time to time in-
vite the participation of oOlcials of other
agencies of the executive branch interested
In the functions herein authorized. Each
member of the Board may designate an offi-
cer of his agency to act for him as a mem-
ber of the Board with respect to any matter
there considered.

(b) Tbe Administrator shall appoint a Na-
tloiua Public Advisory Committee on Area
Redevelopment which shall consist at
twmty-flve members and shall be eompoeed
of representatives at labor, management,
agriculture, and the public In general.
From tbe members appointed to such Com-
mittee the Administrator shaU designate a
Chalmuui. Such Committee, or any duly
established subcommittee thereof, shall from
time to time make recommendations to the
Administrator relative to tbe carrying out at
his duties under this Act. Bvtch Committee
shall hold not less than two meetings dur-
ing each calendar year.

(c) Tbe Administrator is authorized from
time to time to call together and confer wltb
representatives at the various parties In In-
terest from any industry. Including agri-
culture, which has been a primary source of
high levels of unemployment or underem-
ployment In the several areas designated by
the Administrator as redevelopment areas.
The Administrator may also call upon repre-
sentatives of Interested governmental de-
partments and agencies, together with repre-
sentatives of transportation and other In-
d\istrlee, to participate In any conference
convened under authority at this subsection
whenever he determines that such partld-
patlon would contribute to a solution of the
problems creating such unemployment or
nnderanployment. The representatives at
any such conference shall consider with and
may recommend to the Administrator plans
and programs to further the objectlvee of
this Act with special reference to the In-
dustry with respect to which the conference
was convened.

Sac. 5. (a) Tbe Administrator shall desig-
nate as "redevelopment areas" those areas
within the United States in which he deter-
mines that there has existed substantial and
persistent unemployment for an extended
period of time. There shall be
among the areas so designated any

(I) wbere the rate of uaemployment, ex-
eluding unemployment due primarily to
temporary or seasonal factors. Is cvrrsatly
6 per centum or more sad has averagsd a*
toast S par eentimi for the qualifying
periods specified m sulqMuagrapb (3) ^
and

(a) where the annual average i«ta of w^
emplojrment has been at least ■

(A) SO per centum above tbe national aT>
erage for three of tbe preceding four calen-
dar years, or

(B) 75 per centum above the national aver-
age for two of the preceding three calendar
years, or

(C) 100 per centum above tbe national
average for one of the preceding two years.
Any area in which a substantial part of tbe
employment is or most recently was In an
industry adversely affected by the reduction
of trade ijarrters under the Trade Agreements
Extension Act of 1951, as amended, with
respect to which the President has rei>orted
to the Administrator under subsection (f) of
this section, and meeting the standards of
unemployment set forth in this section shall
be entitled on application to a priority of
consideration by the Administrator for des-
ignation as a redevelopment area.

(b) The Administrator shall also designate
as "redevelopment areas" those areas (in-
cluding Indian reservations) within the
United States which do not meet the re-
quirements set forth in subsection (a) but
which he determines are among tbe highest
In numbers and percentages of low-loaoaM
families, and in which there exists a eondl-
tlon of substantial and persistent unemploy-
ment or underemployment. In making the
designations under this subsection, the Ad-
ministrator shall consider, among other rele-
vant factors, the n\miber of low-income farm
families In the various rural areas of tbe
United States, the proportion that such low-
Income families are to the total farm fami-
lies of each of such areas, the relationship
of the income levels of the families in each
such area to tbe general levels of Income In
the United States, the current and proapee-
tlve employment opportunltlee in each suoh
area, the availability of manpower In
such area for supplemental employment,
extent of migration out of the area, and
proportion of the population of each such
area which has been receiving public assist-
ance from the Federal Government and/or
from the State or Staiee In which such area
Is located or from any municlpaUty therein.

(c) In making the determinations pro-
vided for In this section, the Administrator
shall be guided, but not oooelnslvely gov-
erned, by pertinent studies nutde, and Infor-
mation and data collected or complied, by
(1) departments, agencies, and instrumen-
talltlee of the Federal Government, (3) State
and local governments, (3) universities and
land-grant colleges, and (4) private organl-
aatlons.

(d) Upon the request of tbe Admlnlstra<-
tor, the Secretary of Labor, the Secretary of
Agriculture, the Secretary of Commerce, and
the Secretai7 of the Interior are respectively
authorized to conduct such spedal studies,
obtain such information, and compile and
ftimish to the Administrator such data as
the Administrator may deem necessary or
proper to enable him to make tbe determina-
tions provided for in this section. The Ad-
ministrator shall reimburse, out at any funds
appropriated to carry out tbe pxgposss of
this Act. the foregoing oAoera for any ex-
penditures incurred by tbeoa under this
aeetion.

(*) As tMd ta this Act, the %mm *Y«le-
velopment ares" refers to any area within
the United States which has been designated
by tbe Administrator as a redevelopment arsa
and may include one or more States, one or
more counties, or one or more municipalities,
or a pcut at a county or mimlclpall^.

1961

CONGRESSIONAL RECORD — SENATT

14$

(f ) In any ease In which the President is
reqvilred (1) under tbe provisions of subsec-
tion 4(a) of the Trade Agreements Sxtenslon
Act of 19S1 to transmit a message to the
Congrees Identifying an article with respect
to which a trade agreement has caused or
threatened to cawie serious Injxvy to a do-
mestic Industry, or (2) under tbe provisions
of subsection 7(c) of such Act to submit a
report to the Committee on Ways and Means
of the House of Bepresentatlves and the
Committee on Finance of the Senate stating
why he has not made such adjustments In
the rates of duties. Imposed such quotas, or
made such other modifications, as are foimd
and reported by tbe United States Tariff
Oommlsalon to be necessary to prevent or
remedy serious injury to a domestic Industry,
he shall notify the Administrator and shall
send him a copy of such message or report.

Sac. 8. (a) The Administrator is author-
ised to purchase evidences of Indebtedness
and to make loaxw (including immediate
participations therein) to aid in financing
any project within a redevelopment area for
tbe purchase or devdopment of land and
faculties (Including, In exceptional cases,
machinery and eqtilpinent) for industrial or
commercial usage, for the construction of
new buildings, for rehabilitation of aban-
doned or unoccupied buUdings. or for the al-
teration, convwslon. or enlargement of any
existing btilldlngs for Industrial or commer-
cial use. Such financial assistance shall not
be extended for working capital, or to assist
sstabllshments relocating from one area to
another when such assistance will result in
substantial detriment to the area of original
location by increasing unemployment.

(b) Financial assistance tmdsr this sec-
tion shall be on such terms and conditions
as the Adnoinlstratcr determines, subject,
however, to the following restrictions and
limitations:

(1) The total amount of loans and loan
psrtlelpatlons (including ptircbssed evl-
4HMSS of indebtedness) outstanding at any
one time under this section (A) wltb respsct
to projecta in redevelopment areas designated
under section 5(a) shall not exceed
•100,000,000 (but not to exceed 930.000,000
prior to July 1, 1963), and (B) with respect
to projecta In redevelopment areas desig-
nated under section 6(b) shall not exceed
$100,000,000 (jbut not to exceed $30,000,000
prior to July I. 1M3):

(3) Sxoept ss provided In subsection (c>.
■neb ssslstsnrr shall be extended only to ap-
pUoanta. both prtvato and public (Includ-
ing T"«<«^" tribes), which have been ap-
proved for such sssistance by an agency or
Instrumentality of tbe State or p<mtleal sub-
division thereof In wbk^ tbe project to be
financed Is located, and whl^ agency or
Instrumentality Is directly concerned wltb
problems of economic development In su<^
Stata or subdivision;

(8) Tbe project for wMeb ftnanclal as-
sistance Is sought Is reasonably calculated
to provide more than a temporary aUevla-
tl<xi of unemployment or underemployment
within the redevelopment area wherein It Is,
or will be, located;

(4) No such assistance shall be extended
hereunder unless the financial assistance ap-
plied for Is not otherwise available from pri-
vate lenders or other Federal agencies on rea-
sonable terms:

(5) No loans shall be made unless It Is
determined that an inunediate participation
is not available;

(0) No evidences of Indebtedness shall be
purchased and no loans ihall be made unless
It is determined that there Is a reasonable
assurance of repa3rment;

(7) Subject to section 12(8) of this Act.
no loan. Including renewal or extension
thereof, may be made hereunder for a period
exceeding twenty-five years and no evidences

of Indebtedness maturing more than twenty-
five years from date of purchase may be pur-
chased hereunder: Provided, That the fore-
going restrictions on maturities shall not
apply to securities or obligations received by
the Administrator as a claimant in bank-
ruptcy or equitable reorganization or as a
creditor in other proceedings attendant upon
insolvency of the obligor, or if extension or
renewal for additional periods, not to exceed,
however, a total of ten years, will aid In the
orderly liquidation of such loan or of such
evidence of Indebtedness;

(8) Such loans shall bear Interest at a
rata equal to the rate of interest paid by
tbe Administrator on fxinds obtained from
the Secretary of the Treasury as provided
In section B of this Act. plus one-half of 1
per centvun per annum: Provided, That an
amount equal to one-fourth of 1 per centum
per n^nniitn of the outstanding principal
amount of any loan made under this sec-
tion shall be aUocated from the payments re-
ceived by the Administrator in the form of
interest on such loan to a sinking fund to
cover losses on loans under this section;

(9) Such assistance shall not exceed 65
per centvmi of the aggregate cost to the ap-
plicant (excluding all other Federal aid in
connection with the undertaking) of acquir-
ing or developing land and facilities (in-
cluding. In exceptional cases, machinery and
equipment), and of constructing, altering,
converting, rehabilitating, or enlarging the
building or buildings of the particular proj-
ect and shall, among others, be on the fol-
lowing conditions :

(A) That other funds are available in an
amount which, together with the assistance
provided heretmder, shall be suflldent to pay
such aggregate cost;

(B) That not less than 10 per centum of
such aggregate cost be supplied by the State
or any agency, Instrtmsentallty, or political
subdivision thereof, or by a community or
area organization which is nongovernmental
In character, as equity capital or as a loan;

(C) That In extending financial assist-
ance under this section with respect to a re-
development area, the Administrator shall
require that not less than 6 per centum of
the aggregate cost of the project for which
such loan la made shall be supjHled by ncai-
govemmental souroee;

(D) That any Federal financial assistance
extended under this section In connection
with a particular project shall be repayable
only after other loans made in connection
with such project and In accordance wltb
this section have been repaid in full. U any
Federal financial assistance extended xmder
this section to secured. Ita security shall be
subordinate and Inferior to the lien or liens
seeurlng other loans made in connection
with the same project.

(10) No such assistance athall be extended
unless there shall be submitted to and ap-
proved by the Administrator an overall pro-
gram for the econ<«nlc development of the
area and a finding by the State, or any
agency. Instrumentality, or local political
subdivision thereof, that the project for
which financial assistance is sought is con-
sistent with such program: Provided, That
nothing in ttds Act shall authorize financial
assistance for any project prohibited by laws
of the State or local political subdivision In
which the project would be located.

(c) If there is no agency or instrumen-
tality In any State, or political subdivision
thereof, qualified to approve applicanta for
assistance under this section as provided In
paragraph (2) of sxibeection (b) , the Admin-
istrator shall, upon determining that any
area in such State is a redevelopment area.
api>olnt a local redevelopment committee
(hereinafter referred to as a "local commit-
tee") to be composed of not less than seven
resldenta of such area who. as nearly as pos-
sible, are representative of labor, commercial.
Industrial, and agricultural groups, and of

the resldenta generally of such area. In ap-
pointing any such tocal committee, the Ad-
ministrator may include thneln members of
any existing local redevelopment ooounlt-
tees. Financial assistance under t^iis sec-
tkm in connection with projects located in a
redevelopment area, for which a local com-
mittee has been appointed luider this sec-
tion, shall be extended only to applicants,
both lolvate and public (including Indian
tribes), which have been approved by such
local conunlttee.

(d) Of the funds authorized to be raised
under section 9 of this Act, not more tbaa
$100,000,000 shall be deposited in a revolvtaig
fund which shall be used for the purpose of
making loans under this section with respect
to projects in redevelopment areas designated
tuider section 5(a) , and not more than $100,-
000X>0O shall be deposited In a revolving f\ind
which shall be used for the purpose of mak-
ing lo€ins under this section with respect to
projects in redevelopment areas designated
under section 6(b) .

ZAANS SOB PT7BL1C rACnjTISS

Sec. 7. (a) Upon the application of any
State, or political subdivision thereof, TndUn
tribe, or private or public organization or
association representing any redevelopment
area or part thereof, the Administrator Is
authorized to make loans to assist in financ-
ing the pxirchase or development of land
for public facility usage, and the construc-
tion, rehabilitation, alteration, expansion, or
improvement of public facilities within any
redevelopment area, if he finds that —

(1) the project for which financial assist-
ance is sought will provide more than a
temporary alleviation of unemployment at
underemployment in the redevelopment arsa
wherein such project is. cr will be, located,
and wUl tend to improve the opportunities
in such area for the successful establishment
or expansion of industrial or commercial
plants or facilities;

(2) the funds requested for such project
are not otherwise available on reasonabls
terms;

(3) the amount of the loan plus ths
amoxmt of other available funds for saeb
projecta are adequate to Insure tbe coas-
pletion thereof:

(4) there Is a reasonable expectation ef
repayment; an 1

(5) Euch area has an approved economic
development program as provided in section
a(b) (10) and the project for whl^i financial
assistance is sougbt Is consistent wltb sodi
program.

(b) No loan tmdsr this seetton sbaD be
for an antount In excess of 05 per centum
of the aggregate cost of the project for which
such loan is mads. Subject to section 13(5),
tbe maturity date of any such loan shall be
not later than forty years after the date smIi
loan is made. Any such loan shall bear m-
tcrest at a rate equal to the rate of interest
paid by the Administrator on funds obtained
from the Secretary of the Treasury as pro-
vided In section 9 of this Act, plus one-^usr-
ter (rf 1 per centum per annum,

(c) In making any loan under this seo-
Xkm, tbe Administrator tfiall require that
not lew than 10 per centum of the aggregate
cost of the project for whl^ such loan Is
Boade shall be supplied by the State (In-
^udlng any political subdlvlskm thereof)
within which such project Is to be located
ss equity capital, or as a loan. In determin-
ing the amomit of partidpatlan required
under this subsection with respeet to say
particular project, ttie AdmbiMn
give consideration to the finsadal
of tbe State or local guvatnmsn^^ and to
the per capita iniu— of the rssMsnts of
the redevelopment area, wttbla which suah
project is to be located.

(d) Any loan made under this ssetlcn la
connection wltb a parUeuiar pro^act rttaU
be repayable only after othsr loans tmOm tm

V ■

II

CVIl-

-10

146

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

147

i m

connection with such project and In accord-
ance with thla section have been repaid In
fun. If any loan made xinder this section
Is secvired. Its security shall be subordinate
and Inferior to the lien or liens securing
other lo«n8 nude in connection with the
same project.

(e) No financial assistance shall be ex-
tended under this section with respect to
any pubUc facility which would compete
with an existing privately owned public util-
ity rendering a service to the public at rates
or charges subject to regulation by a State
regulatory body, unless the State regulatory
body determines that In the area to be
served by the public facility for which the
financial assistance Is to be extended there Is
a need for an Increase In such service (taking
into consideration reasonably foreseeable fu-
ture needs) which the existing public utUlty
Is not able to meet through Its existing facil-
ities or through an expansion which It Is pre-
pared to undertake.

(f) Of the funds authorized to be raised
under section 0 of this Act. not more than
$100,000,000 shall be deposited In a revolving
fund which shall be used for the pxirpoee of
making loans under this section: Provided,
That not more than $30,000,000 shall be de-
posited In such fund prior to Jtdy 1, 1962.

<nAMTS rOX PUBUC rAdUTtSS

8xc. 8. (a) The Administrator may con-
duct studies of needs In the various rede-
velopment areas throughout the United
States for, and the probable cost of. land ac-
quisition or development for public facility
usage, and the construction, rehabilitation,
alteration, expansion, or Improvement of iise-
ful public facilities within such areas, and
may receive proposals from any State, or
political subdivision thereof, Indian tribe,
or private or public organization or associa-
tion representing any redevelopment area,
or part thereof, relating to land acquisition
or development for public facility usage, and
the construction, rehabilitation, alteration,
expansion, or improvement of public facilities
within any such area. Any such proposal
shall contain plans showing the project pro-
posed to be undertaken, the cost thereof, and
the contributions proposed to be made to
such cost by the entity making the proposal.
The Administrator, in consultation with
such entity, is authorized to modify all or
any part of such proposal.

(b) The Administrator, piirsuant to a
proposal received by him under this section,
may make grants to any State, or political
subdivision thereof, Indian tribe, or private
or public organization or association repre-
senting any redevelopment area, or part
thereof, foi* land acquisition or development
for public facility usage, and the construc-
tion, rehabilitation, alteration, expansion, or
improvement of public facilities within a re-
derelopment area, if he finds that —

(1) the iMToJect for which financial assist-
ance is sought will provide more than a tem-
porary alleviation of unemployment or im-
deremplojrment in the redevelopment area
wherein such project is, or will be. located,
and will tend to improve the opportunities
in such area for the successful establishment
or expansion of industrial or commercial
plants or facilities;

(S) the entity requesting the grant pro-
poees to contribute to the cost of the project
for which such grant is requested in pro-
portion to its ability so to contribute; and

(8) the project for which a grant Is re-
quested will fulfill a pressing need of the
area, or part thereof, in which it is, or will
be, located, and there is little probability that
•uch project can be undertaken without the
acBlstance of a grant under this section.

Hie amount of any grant under this section
for any such project shall not exceed the dlf-
f erene« between the funds which can be prac-
ticably obtained from other sources (includ-
ing a loan under section 7 of this Act) for

such project, and the amount which is nec-
essary to insure the completion thereof.

(c) The Administrator shall by Mgulatlon
provide for the supervision of carrying out
of projects with respect to which grants are
made under this section so as to insure that
Federal funds are not wasted or dissipated.

(d) No financial assistance shall be ex-
tended under this section with respect to any
public facility which would compete with
an existing privately owned public utility
rendering a service to the public at rates or
charges subject to regulation by a State
regulatory body, unless the State regfulatory
body determines that in the area to be served
by the public facility for which the financial
assistance iii to be extended there is a need
for an increase in such service (taking into
consideration reasonably foreseeable future
needs) which the existing public utility Is
not able to meet through its existing facil-
ities or through an expansion which it is
prepared to undertake.

(e) There is hereby authorized to be ap-
propriated not to exceed $75,000,000 for the
purpose of making grants under this section :
Provided. That not to exceed $10,000,000 shall
be appropriated for such purpose prior to
July 1, 1962.

FUNDS rOB LOANS

Sec. 0. To obtain funds for loans under
this Act, the Administrator may. with the
approval of the President, issue and have
outstanding at any one time notes and ob-
ligations for piirchase by the Secretary of
the Treasmry in an amount not to exceed
$300,000,000: Provided. That the amount of
such notes and obligatloiu which are out-
standing prior to July 1. 1962. shall not
exceed $90,000,000. Such notes or other obU-
gations shall be in such forms and denomina-
tions, have such maturities, and be subject
to such terms and conditions as may be pre-
scribed by the Administrator with the ap-
proval of the Secretary of the Treasury, and
shall bear Interest at a rate determined by
the Secretary of the Treasury, but such rate
shall not be greater than the current aver-
age yields on outstanding marketable obliga-
tions of the United States of comparable
maturities as of the last day of the month
preceding the Issxionce of such notes or other
obligations. The Secretary of the Treasury
is authorized and directed to purchase any
notes and other obligations issued under this
section and for such purpose is authorized
to use as a public debt transaction the pro-
ceeds from the sale of any sectirltles issued
imder the Second Liberty Bond Act, as
amended, and the pxirposes tot which secu-
rities may be issued under such Act are ex-
tended to include any piirchase of such notes
and other obligations. The Secretary of the
Treasury may at any time sell any of the
notes or other obligations acquired by him
undor this section. All redemptions, pur-
chases and sales by the Secretary of the
lYeasury of such notes or other obligations
shall be treated In every respect as public
debt transactions of the United States.

XNftnUfATION

Sxo. 10. The Administrator shall aid re-
development areas by fximishing to inter-
ested individuals, communities. Industries,
and enterprises within such areas any assist-
ance, technical information, market re-
search, or other forms of assistance, infor-
mation, or advice which are obtainable from
the various departments, agencies, and in-
strumentalities of the Federal Government
and which would be useful in alleviating
conditions of excessive unemployment or \ui-
deremployment within such areas. The Ad-
ministrator shall furnish the prociirement
divisions of the various departments, agen-
cies, and other instrumentalities of the Fed-
eral Oovemment with a list containing the
names and addresses of business firms which
are located in redevelopment areas and
which are desirous of obtaining Oovem-

ment contracts for the furnishing of sup-
plies or services, and designating the sup-
plies and services such firms are engaged in
providing.

TSCHNICAL ASSUTAMCB

Sic. 11. In carrying out his duties under
this Act, the Administrator Is authorized to
provide technical assistance to areas which
he has designated as redevelopment areas
under this Act. Such assistance shall in-
clude studies evaluating the needs of. and
developing potentialities for, economic
growth of such areas. Such assistance may
be provided by the Administrator through
members of hU staff or throvigh the em-
ployment of private individuals, partner-
ships, firms, corporations, or suitable insti-
tutions, under contracts entered into for
such purpose. Appropriations are hereby
authorized for the piirposes of this section
in an amount not to exceed $4,000,000 an-
nually.

POWXBS or AOMINXST«ATaB

Sec. 12. In performing his duties under
this Act, the Administrator U authorised

(1) adopt, alter, and use a seal, wtaiai
shall be Judicially noticed; and subject to
the dvU service and classification laws, se-
lect, employ, appoint, and fix the compen-
sation of such oOoers. employees, attorneys,
and agents as shall be necessary to carry
out the provisions of this Act, and define
their authority and duties, provide bonds
for them in such amounts as the Adminis-
trator shall determine, and pay the costs of
qualification of certain of them as notaries

public;

(2) hold such bearings, sit and act at such
times and places, and take such testimony,
as he may deem advisable;

(8) request directly from any executive
department, bureau, agency, board, commis-
sion, office, independent establishment, or
instrumentality information, suggestions.
estimates, and statistics needed to carry out
the purpoees of thU Act; and each d^iitart-
ment. bureau, agency, board, commission,
oflloe. establishment, or Instrumentality is
authorised to furnish such information,
suggestions, estimates, and statistics directly
to the Admlstrator;

(4) under regulations prescribed by him.
assign or sell at public or private sale, or
otherwise dispose of for cash or credit, in
his discretion and upon such terms and
conditions and for such consideration as he
shall determine to be reasonable, any evi-
dence of debt, contract, claim, personal
property, or security assigned to or held by
him in connection with the payment of
loans made under this Act, and collect or
compromise all obligations assigned to or
held by him in connection with the payment
of such loans until such time as such obli-
gations may be referred to the Attorney Oen-
eral for suit ot collection;

(6) further extend the maturity of or re-
new any loan made under this Act, beyond
the periods stated in such loan or in this
Act. for additional periods tK>t to exceed ten
years, if such extension or renewal will aid
in the orderly liquidation of siich loan;

(6) deal with, complete, renovate, improve,
modernize, Insvire. rent, or sell for cash or
credit, upon such terms and conditions and
for such consideration as he shall determine
to be reasonable any real or personal prop-
erty conveyed to, or otherwise acquired by,
him in connection with the payment of loans
made under this Act;

(7) pursue to final collection, by way of
compromise or other administrative action,
prior to reference to the Attorney Oensral,
all claims against third parties assigned to
him in connection with loans made under
this Act. This shall include authority to
obtain deficiency Judgments or otherwise in
the case of mortgages assigned to the Ad-
ministrator. Section 8700 of the Revised
Statutes, as amended (41 U.S.C. 6), shall

not apply to any contract of hazard Insurance
or to any purchase or contract for serrioee
or supplies on accotmt of property obtained
by the Administrator as a result of loans
made under thU Act If the premium there-
for or the amount thereof does not exceed
$1,000. The power to convey and to execute,
in the name of the Administrator, deeds of
conveyance, deeds of release, assignments
and satisfactions of mortgages, and any other
written Instrument relating to real or per-
sonal property or any Interest therein ac-
quired by the'Adminl«trator pursuant to the
provisions of this Act may be exercised by
the Administrator or by any officer or agent
appointed by hlra lor that purpose without
the execution of any express delegation of
power or power of attorney;

(8) acquire. In any lawful manner, any
property (real, personal, or mixed, tangible
or Intangible), whenever deemed necessary
or appropriate to the conduct of the activities
authorized In sections 6 and 7 of this Act;

(0) In addition to any powers, fxmctlons,
privileges, and immunities otherwise vested
In him. take any and all actions, including
the procurement of the services of attorneys
by contract, determined by him to be neces-
sary or desirable In making, servicing, com-
prising, modifying, liquidating, ot otherwise
administratively dealing with or realizing on
loans made under this Act;

(10) to such an extent as he finds neces-
sary to carry out the provisions of this Act.
procure the temporary (not in excess of six
months) service of experts or consultants or
organlcatlons thereof. Including steno-
graphic reporting services, by contract or
appointment, and in such cases such service
shall be without regard to the civil service
and classifications laws, and, except In the
case of stenographic reporting services by or-
ganlzaUons, without regard to section 8709
of the Revised Statutes (41 UJ5.C. 6): any
Individual so employed may be compensated
at a rate not in excess of $75 per diem, and,
while such individual is away from his home
or regular place of business, he may be al-
lowed transportation and not to exceed $16
per diem in lieu of subsistence and other
expvues; and

(11) establish such rules, regvQatlons. and
procedures as he may deem approprUte in
carrying out the provisions of this Act.

INATIOM op XLIQIBnjTT

AsaiexANCB

poa ruxTHxa

Sk. is. Whenever the Administrator shall
determine that employment conditions
within any area previously designated by him
as a redevelopment area have changed to
such an extent that such area is no longer
eligible for such designation under section 6
ctf this Act. no further assistance shall be
granted under this Act with respect to such
area and, for the purposes of this Act, such
area shall not be considered a redevelopment
area: Provided. That nothing contained
ha«in shall (1) prevent any such area from
again being designated a redevelopment area
\mder section 5 of this Act if the Administra-
tor determines it to be eligible under such
section, or (2) aflfect the validity of any con-
Ixacts or undertakings with respect to such
area which were entered Into pxirsuant to
this Act prior to a determination by the Ad-
ministrator that such area no longer qualifies
as a redevelopment area. The Admlnlstra-
tat shall keep the departments and agencies
of the Federal Oovemment, and interested
State or local agencies, advised at an times
of any changes made hereunder with respect
to the designation of any area.

XntBAN XXMKWAl.

aw. 14. Title I of the Housing Act of 1949.
as amended, is amended by adding at the end
thereof ttM fc^ovlng new section:

Istrator (1) that any county, city, or other
municipality (in this section referred to as
a 'municipality*) is situated In an area desig-
nated tmder section 6 of the Area Redevelop-
ment Act as a redevelopment area, and (2)
that there is a reasonable probability that
with assistance imivlded under s\ich Act and
other undertakings the area wUl be able to
achieve more than tempcwary improvement
in its economic development, the Admin-
istrator is authorized to provide financial
assistance to a local public agency In any
such munlcipaUty under this title and the
provisions of this section.

"(b) The Administrator may provide such
financial assistance under this section with-
out regard to the requirements or limitations
of ection 110(c) that the project area be
clearly ]>redominantly residential in char-
acter or that it be redeveloped for predomi-
nantly residential uses; but no such assist-
aiice shall be provided in any area if such
Administrator determines that it will assist
In relocating business operations from one
area to another when such assistance will
result In substantial detriment to the area
of original location by increasing unemploy-
ment.

"(c) Financial assistance under this section
may be provided for any project involving
a project area Including primarily Industrial
or commercial structures suitable for re-
hablUtation under the urban renewal plan
for the area.

"(d) Notwithstanding any other provision
of this title, a contract for financial assist-
ance under this section may Include provi-
sions permitting the disposition of any land
In the project area designated iinder the
urban renewal plan for Industrial or com-
mercial uses to any public agency or non-
profit corporation for subsequent disposition
as promptly as practicable by such public
agency or corporation for the redevelopment
of the land In accordance with the urban re-
newal plan: Provided, That any disposition
of such land under this section shall be made
at not less than its fair value for uses in ac-
cordance with the urban renewal plan:
And provided further. That the purchasers
from or lessees of such public agency or
corporation, and their assignees. shaU be
required to asiune the obligations imposed
under section 105(b) .

"(e) Following the execution of any con-
tract for financial assistance under this sec-
tion with respect to any project, the Admin-
istrator may exercise the authority vested In
him under thU section for the completion
of such project, notwithstanding any deter-
mination made after the execution of such
contract that the area in which the project
is located may no longer be a redevelopment
area under the Area Redevelopment Act."

UXBAN PLANNHfO OXANTB

Sxc. 16. Paragraph (3) of section 701(a)
of the Housing Act of 1954 is amended by in-
serting after "counties which" the follow-
ing: "(A) are situated In areas designated
by the Area Redevelopment Administrator
under section 5(a) of the Area Redevelop-
ment Act as redevelopment areas ot (B)".

XXDKVKLOPVKMT AXXAS UNMOI
XXDSVKLOnONT ACT

"8»c. 118. (a) When the Area Redevelop-
ment Administrator certifies to the Admln-

VOCATtONAL TXAIMIJfa

Sec. 16. (a) The Secretary of Labor. In con-
sultation with the Administrator, shall de-
termine the vocational training or retraining
needs of unemployed individuals residing In,
or who were last employed In. redevelopment
areas and shall cooperate with the Secretary
of Health, Education, and Welfare and with
existing State and local agencies and officials
In charge of exlstiixg programs relating to vo-
cational training and retraining for the pur-
pose of assuring ttat tbe fadUttes and serv-
ices of such agencies are made fully available
to such individuals.

(b) Whenever tbe Secretary of Labor finds
that additional faculties or servioes are need-
ed in the srea to meet the vocational training
or retraining needs of such individuals, he

Shan so advise the Secretary of Healtb. BOn-

catlon. and Welfare. The Secretary of
Health, Education, and Welfare, through the
Commissioner of Education, shall provide as-
sistance. Including financial assistance when
necessary, to tbe appropriate State vocational
educational agency in the proviaion of sncli
additional facilities or services. If tlie Secre-
tary of Health, Education, and Welfare finds
that the State vocational educational agcney
is unable to provide the facilities and ssrvlees
needed, he may. after consultation with such
agency, provide (or the same by agreement or
contract with public or private educational
institutions: Provided, That any vocational
training or retraining provided under this
section shall be designed to enable tmem-
ployed individuals to qualify for new employ-
ment in the redevelopment area in which
they reside or were last employed.

(c) The Secretary of Labor shall arrange
to provide any necessary technical assistance
for setting up apprenticeships, and to pro-
mote Journeyman and other Job training in
the area.

arnuiNnfa subsistxncb patmxwts

Sac. 17. (a) The Secretary of Labor in con-
sultation with the Administrator shall, on
behalf of the United States, enter into agree-
ments with States in which redevelopment
areas are located, under which the Secretary
of Labcx^ shall make payments to such States
for the purpose of enabling such States, as
agents of the United States, to make weekly
retraining payments to unemployed indi-
viduals residing within such redevelopment
areas who are not entitled to unemployment
compensation (either because their unem-
ployment compensation benefits have been
exhausted or because they were not Insured
for such compensation) and who have been
certified by the Secretai7 of Lia>or to be un-
dergoing vocational training ot retraining
under section 16 of this Act. Such paymenU
shall be made only during the period the In-
dlvldxial is receiving vocational training ot
retraining under section 16 of this Act, bxrt
not In any event to exceed sixteen weelu, and
the azzM>unts oC such payments shall be equal
to the amount of the average weekly unem-
ployment compensation payment payable in
the State making such payments.

(b) The Secretary of Labor and the
Administrator shaU Jointly prescribe svich
rules and regxilatlons as they may desm
necessary to carry out the provisions of tMs
section.

(c) There are hereby authoriaed to be ap-
propriated such sums, not in excess al
$10,000,000 annually, as may be necessary to
carry out the provisions of this section.

PBMAI.TISS

Sec. 18. (a) Whoever makes any statement
knowing it to be false, ot whoever willfully
overvalues any security, for the purpose of
obtaining for himself ot for any applicant
any lo«m, ot extension thereof by renewal,
deferment of action, ot otherwise, ot the
acceptance, release, or substitution of se-
curity therefOT, ot fOT the porpoee of In-
fluencing In any way the action of the Ad-
mlnlstratOT, ot fOT the purpose of obtaining
money, prc^>erty, ot anything of value, xmder
this Act. shall be punished by a fine of not
more than $10,000 ot by Imprisonment fOT
not more than five years, ot both.

(b) Whoever, b^ng connected in any
capacity with the Administrator. (1) em-
beodes, abstracts, purtoins. ot willfuUy mis-
applies any moneys, funds, securities, ot
other things of value, wbetho- belonging to
him at pledged ot otherwise entrusted to
him, OT (2) with Intent to defraud the Ad-
mlnlstratOT ot any other body politic ot cot-
pOTate, or any Individual, ot to deceive any
officer, audltOT. ot eraimlner of the Adminis-
tration, nwkes any false entry in any book,
rnxirt. « statement of ot to the Adr^nis-
tratOT. ot wMlwut being duly authoriaed,
draws any order or issues, puU forth, ot

148

CONGRESSIONAL RECX>RD — SENATE

Janiuiry 5

1961

CONGRESSIONAL RECX>RD — SENATE

149

Nl

il

assigns any note, debentxire, bond, or other
obligation, or draft, bill of exchange, mort-
gage. Judgment, or decree thereof, or (3)
with Intent to defraud participates, shares,
receives directly or Indirectly any money,
profit, property, or benefit through any
transaction, loan, com mission, contract, or
any other act of the Administrator, or (4)
gives any unauthorieed information con-
cerning any future action or plan of the
Administrator which might affect the value
of securities, or having such knowledge. In-
vests at speculates, directly or indirectly, in
the securities or property of any company or
corporation receiving loans or other assist-
ance from the Administrator, shall be
punished by a fine of not more than $10,000
or by imprisonment for not more than five
years, at both.

BMPLOTMXMT OF BXPKOrTBU AKD
ADKINiaTaATIVS SMPIX>TBS

S«c. 19. No loan shall be made by the
Administrator under this Act to any busi-
ness enterprise unless the owners, partners.
at ofacers of such business enterprise (1)
certify to the Administrator the names of
any attorneys, agents, or other persons
engaged by or on behalf of such biislness
enterprise for the purpose of expediting ap-
plications made to the Administrator for as-
sistance of any sort, and tlie fees paid or to be
paid to any such person; and (2) execute an
agreement binding any such business enter-
prise for a period of two years after any
assistance Is rendered by the Administrator
to such bxisiness enterprise, to refrain from
employing, tendering any office or employ-
ment to, or retaining for professional serv-
ices, any person who, on the date such assist-
ance or any part thereof was rendered, or
within one year prior thereto, shall have
served as an officer, attorney, agent, or em-
ployee of the Administration, occupying a
poeltlon or engaging In activities which the
Administrator shall have determined involve
discretion with respect to the granting of
assistance under this Act.

maooBD or applications

8k. 20. The Admlnlstratoi shall maintain
as a permanent part of the records of the
Administration a list of applications ap-
proved, which shall be kept available for
public inspection during the regular busi-
ness hours of the Administration. The fol-
lowing Information shall be posted in such
list as soon as each application is approved:
(1) the name of the applicant and, in the
case of corporate applications, the names of
the officers and directors thereof, (2) the
•motmt and duration of the loan for which
appllcaUon is made, (8) the purposes for
which the proceeds of the loan are to be
used, and (4) a general description of the
security offered.

VKKtMXLDnO BATS OP WAOK AND rOBTT-HOTTB

Bmc. 21. The Administrator shall take such
action as may be necessary to insure that all
laborers and mechanics employed by con-
tractors or subcontractors on projects imder-
taken by public applicants assisted under
this Act (1) shaU be pfUd wages at rates no
less than those prevailing on the same type
of work on similar construction in the imme-
diate locality as determined by the Secretary
of Labor in accordance with the Act of Au-
g\ist 80, 1935 (Davis-Bacon Act), and (2)
shall be employed not more than forty hours
in any one week unless the employee receives
wages for his employment in excess of the
hours specified above at a rate not less tban
one and one-half times the regular rate at
which he is employed.

ANNUAL aXPOBT

8ac. 22. The Administrator shall make a
comprehensive and detailed annual report
to the Congress of his operations under this
Act for each fiscal year beginning with the

fiscal year ending June 30, 1062. Such re-
port shall be printed, and shall be trans-
mitted to the Congress not later than Jan-
uary 3 of the year following the fiscal year
with respect to which such report is made.
Such report shall show, among other things,
(1) the number and slae of Government con-
tracts for the furnishing of supplies and
services placed with business firms located
in redevelopment areas, and (3) the amount
and duration of employment resulting from
such contracts Upon the request of the
Administrator, the various departments and
agencies of the Government engaged In the
procurement of supplies and services shall
furnish to the Administrator such informa-
tion as may be necessary for the purposes of
this section.

APPaOPSIATION

Sec. 23. There are hereby authorised to be
appropriated such sums as may be necessary
to carry put the provisions of this Act.

USX OP OTHXa PACILITIXS

Si«. 24. (a) To avoid duplication of activi-
ties and minimize expense in carrying out
the provisions of this Act. the Administrator
shall, to the extent practicable and with their
consent, use the available services and facili-
ties of other agencies and instrumentalities
of the Federal Government on a reimbiirsable
basis.

(b) Departments and agencies of the Fed-
eral Government shall exercise their powers,
duties, and fimctlons In such manner as will
assist in carrying out the objectives of this
Act. This Act shall be supplemental to any
existing authority, and nothing herein shall
be deemed to be restrictive of any existing
powers, duties, and functions of any other
department or agency of the Federal Govern-
ment.

BXCOaOS AND AUDIT

Sac. 26. (a) Bach recipient of assistance
under section 6 or 7 of this Act shall keep
such records as the Administrator shall pre-
scribe. Including records which fully disclose
the amount and the disposition by such re-
cipient of the proceeds of such assistance,
the total cost of the project or undertaking
in connection with which such assistance Is
given or used, and the amount and nature
of that p>ortlon of the cost of the project or
undertaking supplied by other sources, and
such other records as will facilitate an effec-
tive audit.

(b) The Administrator and the Comp-
troller General of the United States, or any
of their duly authorised representatives,
shall have access for the purpose of audit
and examination to any books, documents,
papers, and records of the recipient that are
pertinent to assistance received under sec-
tion 6 or 7 of this Act.

APPUCATIOM or ACT

Sxc. 20. As used in this Act, the term
"United States" includes the several States,
the District of Columbia, and the Common-
wealth of Puerto Rico.

The digest, list, and editorial presented
by Mr. Douglas are as follows:

DioiST or S. 1, AkXA Rkdxvslopmxmt Bill
sacnoN 1 . saoKT titlx
"nils section would provide that the act
may be cited as the "Area Redevelopment
Act."

■■CnON 2. DBCLAKATION OT PXTSPOSK

This section would declare it to be the
purpose at the bill to provide FMeral help
for areas needing economic redevelopment
so that they can expand their economic activ-
ities and alleviate the substantial unemploy-
ment and imderemployment that prevail
within such areas. This would be accom-
plished by assisting oommunities, industries,
enterprises, and individuals to create new
employment opportunities by developing and

expanding new and existing facilities and
resources, without subsUntially redud&f
employment in other areas of the United
States.

SCCnON 3. ASSA

SaDXVXLOPMKNT ADlONMiaA-

noN

This section would establish an Area Re-
development Administration as an inde-
pendent agency within the executive branch
of the Government. The Administration
would be headed by an Administrator ap-
pointed by the President and subject to con-
firmation by the Senate. The Administrator
would receive a salary of $20,000 a year.

sacTioN «. Amnaoar aoAio
Subsection (a) would create an Area Re-
development Advisory Board to advise the Ad-
ministrator In the performance of hU func-
tions under the bill. The Board would be
composed of the Administrator, as Chair-
man, and 11 other department and agaaey
heads whose functions are related to (or
could assist in) the improvement of econocnic
conditions in redevelopment areas. Any
member of the Board could designate an
officer of his agency to act for him as s mem-
ber of the Board. The Chairman could In-
vite other Interested officials in the execu-
tive branch to participate in the fimctlons
of the Board.

(b) would reqviire the Administrator to
appoint a 25-member National Public Ad-
visory Committee on Area Redevelopment, to
be composed of representatives of labor, man-
agement, agriculttire, and the general pub-
lic, one of whom wovdd be designated as
Chairman by the Administrator. This Com-
mittee would be required to meet twice a year
and make recommendations to the Adminis-
trator from time to time, to assist him in
carrying out his duties under the bill.

(c) would suthorlze the Administrator to
call together, confer with, and receive ree-
ommended plans and programs from, repre-
sentatives of any ind\istry which has been
a primary source of high levels of tinempioy-
ment in the areas designated by the Admin-
istrator as redevelopment areas. The Ad-
ministrator would also be authorised to can
upon repreeentatives of interested goTsm-
msntal agencies, together with rsprsMOta-
tives of transportation and other indnstriss.
to participate in any conference called under
this subsection.

SECTION S. aKDKVKLOPMXNT MMMtM

The bill recogniaee two types of redevelop-
ment areas which will be eUgible to receive
Federal assistance under this bill.

Under subsection (a) an area may be
designated a redevelopment area in any
one of the following ways: (1) the Adminis-
trator may. at his discretion, determine that
a given area has been subject to substantial
and persistent unemployment for an ex-
tended period of time and designate the area
an industrial redevelopment area; or (2) the
Administrator must designate an industrial
area as an industrial redevelopment area —

(1) where the rate of imemployment. ex-
cluding unemployment due primarily to
temporary or seasonal factors. Is currently 6
percent or more and has averaged at least 6
percent for the qualifying time periods speci-
fied in subparagraph (2) below; and

(2) where the annual average rate of un-
employment has been at least (a) BO peroent
above the national average for 3 of the pre-
ceding 4 calendar years, or (b) 76 peroent
above the national average for 2 of the pre-
ceding 3 calendar years, or (c) 100 peroent
above the national average f or 1 o< the pre-
ceding 2 years.

Areas adversely affected by trade agree-
ments oonomiing which the President has
notified the Administrator under section
6(f) are given priority in consideration of
designation as industrial redevelopment

m

(b) sets forth the criteria for other re-
development areas (including Indian reser-
vations). The Administrator is directed to
designate as redevelopment areas which he
determines are among the hlgheet in num-
bers and percentages of low-income families,
and In which there exists a condition of
BTibstanUol and persistent unemployment or
underemployment. In making these desig-
nations the Administrator Is required to
consider, among other relevant factors, the
number of low-income fwm families In the
various rural areas in the United States, the
proportion such low-income families are to
the total farm familtee of each of sucb areas,
the relationship of the income levels of
families in each such area to the general
levels of Income in the United States, the
current and prospective emplojinent oppor-
tunities in each such area, the availability
of manpower In each Ruch area for supple-
mental employment and the proportion of
the population receiving public assistance.

(c) provides thst in maldng determina-
tions concerning redevelopment areas the
Admlnistrstor is to be guided, but not con-
clusively governed, by studies made and the
available information compiled by the vari-
ous Federal agencies, State and local gov-
ernments, universities and private organiza-
tions.

Under (d) the Administrator may also
request from the Secretary of Labor, the
Secretary of Agriculture, the Secretary of
Commerce and the Secretary of the Interior
special studies and such information and
data as he deems necessary to enable him
to make the determinations provided for in
this section. The Administrator Is required
to reimburse these agencies for expenditures
which they incur in connection with filling
his requests.

(s) defines the term "redevelopment area"
to mean any area within the United States
which has been designated by the Adminis-
trator as a redevelopment area. This pro-
vision limits the benefits of the act to the
several States, the Z>lstrict of Columbia, and
the Commonwealth of Puerto Rico.

(f) requires the President to notify the
Administrator when he reports to the Con-
gress imder the peril point procedure or when
he reports to the Ways and Means and Fi-
nance Committees under the escape clause
procedure of the Trade AgreemenU Kxtension
Act of 1901.

sacnoN s. loans and paxticipations

Under subsection (a) the Administrator
is authorised to make loans (including par-
ticipations) , to assist in the purchase or de-
velopment of land and facilities (including
in exceptional cases machinery and equip-
ment) for Industrial xise, or for the con-
struction, rehabilitation, or alteration of in-
dustrial plants. This assistance shall not be
extended for working capital or to assist
establishments relocating from one area to
another when such assistance will result In
substantial detriment to the area of original
location by increasing unemployment.

Subeectlon (b) imposes the f<41owlng re-
strictions:

(1) The total amount of loans and par-
ticipations outstanding at any one time in
redevelopment areas designated under sec-
Uon S(a) must not exceed $100 million, but
xM>t to sxoeed $S0 million prior to July 1,
1962. Similar provisions are made for re-
develofHTient areas designated under 5(b).

(S) The assistance may only be extended
to applicants which have been approved for
the pvirpose by an agency of the State or Its
political subdivision concerned with prob-
lems of economic development in the State
or subdivision.

(3) The project wiU provide more than a
temporary alleviation of unemployment or
underemployment .

(4) The assistance may only be extended
if such financial assistance is not otherwise

available from private lenders or other Fed-
eral agencies on reasonable terms.

(6) An immediate participation is to be
preferred to a lofm.

(0) There must be reasonable assurance
of repayment.

(7) The length of the loan may not ex-
ceed 25 years, plus an additional 10 years in
the course of liquidating the loan.

(8) The Interest mvist be one-half of 1
percent above the amount paid to the Secre-
tary of the Treasury. One-quarter of 1 per-
cent must be placed In a sinking fund to
cover losses on loans.

(9) The assistance must not exceed 65
percent of the cost to the applicant, exclud-
ing other Federal aid, and the following
conditions must be observed :

(A) Enoxigh funds must be available to
complete the project;

(B) At least 10 percent of the cost must be
suf^lled by the State or a subdivision, com-
munity or area organization, as eqxiity capi-
tal, or as a loan;

(C) In the case of a project In a redevelop-
ment area designated under 5(a) not less
than 5 percent of the cost must be supplied
by nongovernmental sources;

(D) The Federal financial assistance must
be repayable after other loans made in con-
nection with the project and in accordance
with this section have been repaid In full.

(10) An overall program for the economic
development of the area must have been ap-
proved by the Administrator and a finding
must be made by the State or a subdivision
that the project Is consistent with the pro-
gram.

(c) provides that if there is no agency or
instrumentality in a State or subdivision
qualified to vpptoyt applicants under this
section, the Administrate may i4>polnt a
local redevelopment committee consisting of
seven or more residents of the area repre-
senting labor, commercial. Industrial and
agrlcultviral groups and the residents of the
area generally.

(d) creates a revolving ftmd of $100 mil-
lion for projects in redevelopment areas
designated under section 5(a) and another
revolving fund of $100 million for projects in
redevelopment areas designated under sec-
tion 6(b).

secTnoN T. LOANS ram rvKJC raciUTixs

(a) Loans for public facilities may be
made upon the sppllcation of a State or a
political subdivision thereof, or an Indian
tribe, or a private or public organization or
association representing a redevelopment
area. The loan may be made for the purpose
of financing the purchase or development of
land for public facility usage, and the con-
struction, rehabilitation, alteration, expan-
sion, or improvement of public facilities
within the redevelopment area.

(1) The project must provide more than
a temporary alleviation of unemployment or
\inderemployment, and must tend to im-
prove the opportunities in the area for the
successfiil establishment or expansion of in-
dustrial or commercial plants or facilltlee.

(2) The loan may not be granted if funds
are available from other soxiroes on reason-
able terms.

(8) The amount of the loan plus other
available funds must be sufficient for com-
pletion of the project.

(4) There must be a reasonable expecta-
tion of repayment.

(6) The area has an approved economic
development program.

(b) The loan is limited to 66 peroent of the
aggregate coat of the project, and It must
mature within 40 years. The interest rate
Is to be one-quarter of 1 percent above the
rate of Interest paid by the Administrator
to the Secretary of the Treastury.

(c) The Administrator must require that
at least 10 peroent of the cost of the project
shall be supplied by the State (or any poUt-

ical subdivision thereof) as equity capital,
or as a loan.

(d) The Federal loan Is to be subordinate
to other loans made In connection with the
project and in accordance with this section.

(e) Prohibits financial assistence to a
public facility which would compete with
an existing privately owned public utility
rendering a service to the public at rates
or charges subject to regulation by a State
regulatory body, unless the State regulatory
body determines that in the area to be
served by the public facility for which the
financial assistance Is to be extended there
Is a need for an Increase In such service ( tak-
ing into consideration reasonably foreseeable
future needs) which the existing public
utility is not able to meet through its exist-
ing facilities or through an expansion which
it is prepared to undertake.

(f) A revolving fund of $100 million is
set up, from funds borrowed from the Treas-
luy. But not more than $30 million shall
be deposited in the fund prior to July 1.
1962.

SECTION S. CaANTS POK PUBLIC rACXLITIES

Subsection (a) authorizes the Admlnlstra-
tor to make studies of the needs for public fa-
cilities in the various redevelopment areas
and to make grants for the acquisition or
development of land for public facility usage
in redevelopment areas, and for the con-
struction, rehabilitation, or improvement of
public facilltlee in such areas.

(b) A grant may be made only pursuant
to a proposal (showing the proposed project.
its cost, and the proposed local contribu-
tions) received from the State or local gov-
ernment, Indian tribe, or from a public or
private organisation representing the rede-
velopment area.

Before the Administrator approves a grant
he miist find that ( 1 ) the proposed project
will provide more than a temporary allevia-
tion of unemployment or underemployment
In the area, and will tend to pnanote indus-
trial or commercial development, (2) the
entity requesUng the grant will contribute
to the cost of the project in proportion to
its ablU^, and (8) the project is urgently
needed in the area and cotUd not be under-
taken without such a grant. No such grant
could exceed the difference between the total
cost of the project and the amoimt avail-
able for it from other sources (including
loans under sec. 7 of the bill).

(c) directs the Administrator to issue
regulations to insure that Federal funds
made available for public facility projects
under this section are not wasted or dis-
sipated.

(d) imposes a restriction on grants for
public utilities like the restrictions imposed
on loans under subsection 7(e) described
above.

(e) authorises an appropriation not ex-
ceeding $76 million for public facility grants
under this section, of which $10 million shall
be appropriated prior to July 1, 1962.

SBcnoN 9. ruma roa loans

This section would authorize the Adminis-
trator to obtain funds for making loans
under sections 6 and 7 at the bill by bor-
rowing from the Treasury In amounts not
exceeding $800 million outstanding at any
one time. The amount of such notes and
obligations shall not exceed $90 mUllon prior
to JvUy 1. 1962. The interest rate on the
notes and obligations rei»esenting this bor-
rowing would be determined by the Secretary
of the Treasury at a rate not greater than
the current average yields on outstanding
marketable obUgations of the United States
of comparable maturities as of the last day
at the month jn-eeedlng the issuance of such
notes or other obligations. The amounts
thus obtained from the Treasury would be
xised to establish tiie revolving funds pro-
vided for in sections 6 and 7 of the bill.

i

1

I

! ;

150

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

151

10. OfPOUCATIOM

I

The Admlnlatrator 1b authorized to ex-
tend to flrma located In redevelopment areas
technical toformatlon. market reeearch
data, and other forms at assietance obtain-
able from the yarlous Pederal agencies which
might be useful to the areas In expanding
employment.

In addition, the Administrator Is directed
to furnish Pederal procurement agencies ad-
dresses of businesses located In redevelop-
ment areas dwlrous of obtaining Oovern-
ment contracts. The lists shall specify the
supplies and services In which the desig-
nated firms are engaged.

■BCnOM 11. TBCKKICAI. ASSIBTAMCK

Tills secttan authorises the Administrator
to offer technical assistance to redevelop-
ment areas. Such technical assistance might
consist of data concerning the resources and
the economic potential of the areas and
other information that may help the eco-
nomic growth of these areas. The assistance
may be provided directly through members of
the staff of the Area Redevelopment Adminis-
tration or through contracts with private in-
dlTlduals, partnerships, firms, corporations,
or institutions. An amount not to ex-
ceed t4.5 million Is appropriated under this
section.

■BCXTON IS. rowxas or abmuhstbatox

This section provides the Administrator
with the administrative powers needed to
carry out the area redevelopment program
under the bill. The Administrator is au-
thorlBBd by this section to engage in such
business transactions, and to take such ac-
tion to acquire, dispose of, and otherwise
deal with both real and personal property
and to enforce any rights, claims, and obli-
gations, as may be nsoessary or appropriate
In connection with the performance of his
duties under the bill; and to establish such
rules and regulations as may be appropriate
In carrying out the provisions of the bill.

awcsixm is. TDtioNATioM aw txJozBajTr ram

FUKTIUS ASSISTAHCX

Under this section the Administrator Is
reqvared to terminate the eUgibUlty for area
redevelopment assistance when he finds the
eeonocnlc conditions within the area have
Improved to the extent that the area Is no
longer eligible for designation under sec-
tion 6.

An area may be redesignated as a redevel-
opment area, if the economic conditions
within the area deteriorate to qualify again
for redevelopment assistance. No action in
terminating the eligibility of an area to
receive aid \inder this bill will affect the
▼alldlty of any contracts entered Into prior
to the termination of ellglbiUty.

SXCTION 14. USBAM BXKKWAI.

This Is an amendment to title I of the
Housing Act of 1949 and will be designated
as section xtS of that act.

Subsection (a) provides financial assist-
ance to local public agencies in any other-
wise eligible municipality where the Area
Redevelopment Administrator certifies to the
Administrator (HHPA) that —

(1) the municipality is situated In an
area designated as a redevelopment area, and

(2) there is a probability that such as-
sistance will contribute to more than tem-
porary improvement in soonomlc derslop-
ment.

Subsection (b> waives the "predominantly
residential" requirement of section 110(c)
of title X of tbe Housing Act of 1M9, but
prohibits assistance to areas In which the
Administrator determines that relocation of
business operations from one area to an-
other would result In Increasing unemploj-
ment in the area of original location.

(b) amenchi section 110(e) of Utle I of
the Housing Act of 1949 to Include as an
additional type of exemption industrial or

commercial redrrelopmeni areas as defined

in section lia(a). This would require that
Pederal capital p«nts for all nonresidential
projects, Including the new exemption, be
limited to 10 percent of total ei4>ltal grant
authorizations.

(e) permits financial assistance to an area
containing primarily industrial or commer-
cial structures suitable for rehabUttatlon
under the urban renewal plan.

(d) anthorlBes disposition of land under
this section to any public agency or nonprofit
corporation for subsequent disposition pro-
vided that —

(1) such disposition shall be made to the
public agency or nonprofit corporation at not
lees than fair market value for usee In ac-
cordance with the urban renewal plan;

(2) subeequent purchasers shall be re-
quired to assume the obligations imposed
under section 105(b) of title I of the Housing
Act of 1949. (Sec. 105(b) requires developer
to proceed with development or redevelop-
ment promptly and in accordance with an
approved plan.)

(e) permits the Administrator to continue
financial assistance to complete a project
even tho\igh the area In which the project is
located may no longer be a redevelopment
area.

SCCnON IS. USBAN FUUfNIHO OBAItrS

This section amends section 701 of the
Housing Act of 1954 so as to make planning
grants available to communities in redevel-
opment areas with a population in excess of
25,000.

SSCnON IS. VOCATIOMAI. TSAINXWO

This section provides that the Secretary
of LebcH- shall determine the training or re-
training needs of the labor force in a re-
development area.

(a) If the Secretary of Labor finds that
additional training or retraining facilities are
needed in a redevelopment area, the Secre-
tary of Health, Education, and Welfare is
required to assist the State vocationa]
agency in requiring the needed vocational
facilities or services. The Secretary of HBW
may also enter into contracts, after due con-
sultation with the State vocational agency,
with public or private educational institu-
tions to provide the needed facilities or serv-
ices. The additional training or retraining
provided under this subsection must be
designed to enable the unemployed to qualify
for new employment opportunities In the re-
development area.

(b) The Secretary of Labor is required
to provide technical assistance for setting up
apprenticeship training faculties.

■xcnoif IT. BxniAiinMO

PATMl

(a) The Secretary of Labor shall enter
Into agreements with Statee where redevelop-
ment areas are located providing for weAly
subsistence payments to unemployed per-
sons undergoing retraining, who are not
eligible to receive unemployment compensa-
tion. The subsistence payments made to
any individual are limited to 16 weeks and
shall be equal to the average weekly un-
employment compensation benefits paid in
the State.

(b) The Secretary of L«tbor and the Ad-
ministrator shall prescribe the rules and
regulations needed to carry out the provi-
sions of subsection (a) .

(c) An annual appropriation not to ex-
ceed $10 million is authorised for retraining
subsistence payments.

Subsection (b) makes it a crime for any
employee or agent of the Administrator to
ninhnssle or misapply any money or securi-
ties, or make any false entrlea. or to issue
or Rs«'g" notes or other documents with
Intent to defraud, or to participate or share
in any loan or contract made by the Adminis-
trator with Intent to defraud, or to give out
any unauthorised information about the
actions or plans of the Administrator, or
to Invest or speculate in the securities of a
company receiving assistance from the Ad-
ministrator.

Violation of the above is punishable by a
fine not to exceed tlO.OOO or Imprlaonment
for not more than ft years, or both.

sacnoN 19. ncnxmcKirr or xxranms um
AOMnrxmuTTTS watruyrama

This section provides that a loan may not
be made to a business enterprise unless the
names of the attorneys and agents expedit-
ing the application and the fees paid to
th«n are certified to the Administrator and
luiless an agreement is executed requiring
the firm to refrain from employing or offer-
ing to employ or retain the professional
services of an employee of the Administra-
tor who exercised discretionary power at the
time the assistance was granted or during
the preceding year.

SSCnON so. BSOOBD OV APPUCAnOllS

The Administrator la required to keep a
public record of the approved applications,
with the name or names of the applicants
and the amount, duration and purjxMes of
the loan, and the security given.

aaotwom si. rasvAiuifa iatb or ws«b am

«»-HOUa WXSK

This section requires the Administrator
to Insure that all laborers and meebanlos
employed by contractors and subcontractors
on projects undertaken by public appUeants
assisted xmder the act (1) be paid wages
at rates no less than those prevailing on
the same type of work on similar construc-
tlon In the Immediate locality as determined
by the Secretary of Labor under the Davis-
Bacon Act and (2) receive time and one-half
for hours worked during a week in sxeess
of 40.

BBCTXOM St. AimAL UPOWr

Tills section would require the Adminis-
trator to submit a detailed and comprehea-
slve annual report to the Congrees. begin-
ning with the fiscal year ending June 80,
1903. The report shall show, among other
things, (1) the nnmbsr and slss of Oov-
emment contracts placed with business firms
located tn redevelopment areas: and {2) th«
amount and duration of employment re-
sulting frota such contracts. The various
procurement agencies, upon the request of
the Administrator, are directed to furnish
the Administrator such information as may
be necessary to enable him to carry o«t tils
duties under this section.

sacnoM S3. AppsonuATiowa
This section provides authortnUoB tor
appropriations necessary to carry out ths
provisions of the act.

SSCnOW IS. PSMALl

Subsection (a) makes it a crime to know-
ingly make a false statement or willfully
overvalue a security for the purpose of ob-
taining a loan or of influencing any action
of the Administrator or to obtain nKtney.
property, or anything (rf value under the
act.

s«. USB or orwBS rj
This section rsqulrss the Administrator to
use available serrlces and the advios of other
Oovemment agencies on a retmburaable
baste, to the extent practicable and with
their consent. It also requires Oovemment
agencies to exercise their powers, duties, and
functions so as to assist in carrying out the
objectives of the act.

sacnoN ts. raxiaw amb Atmrrs
This section requires borrowers under sec-
tions 6 and 7 to keep reoords of their sctlvi-
tlas and to allow the Administrator and the
Comptroller Oeneral access to their records.

sacnoN as. aptucation or tbb act
The terms of this act are applicable to the
several States, the District of Columbia, and
the Commonwealth of Puerto Bico.

AaxAS or Susstantiai. and Pxssistsnt Labob
SOSFLUS, Novxacsxs 1900

icAJoa aseas

Indiana : Bvansville, Terre Haute.

Massachusetts: Pall River, Lawrence-Ha-
verhUl. LoweU, New Bedford.

IClchlgan: Detroit, Muskegon-Muskegon
Heights.

New Jersey : Atlantic City.

Ohio: Loraln-Elyrla.

Pennsylvania: Altoona, Brie, Johnstown,
Scranton, Wilkes-Barre, Hacleton.

Puerto Rico: Mayagues, Ponce, San Juan.

Rhode Island : Providence-Pawtucket.

West Virginia: Charleston, Huntington-
Ashland, Wheeling.

SIf AIXEB ASKAS

Alabama: Plorence-Sheflield, Jasper.

Alaska: Anchorage.

Connecticut: Bristol, Danielson, Norwich.

minois: Centralia. Harrlsburg, Herrin-
Bfurphysboro-West Frankfort. Mount Vernon.

Indiana: Vlncennee.

Kansas: Pittsburg.

Kentucky: Cku-Mn, Hasard. Hopkinsville.
MadisonviUe, Middlesboro-Harlan, Morehead-
OraysoQ, Owensboro, Paducah, PalntsviUe-
Prestonsburg. PlkevUle-Wllllamson.

Maine : Blddef ord-Sanford, Lewiston-Au-
bum.

Maryland: Cambridge, Cumberland, Ha-
gerstown.

Massachusetts : North Adams.

Michigan: Adrian, Bay City. Iron Moun-
tain, Marquette. Monroe, Port Huron.

Missouri: Flat River.

Montana: Butte, KalLspeil.

New Jersey: Bridgeton, Long Branch.

New York: Amsterdam. Auburn, Elmlra,
OloversvUle, Ogdensburg-Massena-Malone.

North Carolina : Payettevllle, Mount Airy.

Ohio: Portsmouth-Chilllcothc.

Oklahoma: McAleeter, Muskogee.

Peimsylvania : Bowlck-Bloomsburg, But-
IfT. Clearfield -Du Bote, Kittanning-Ford City,
Lewlstown. MeadviUe, New Castle. Pottsvllle,
St. Marys. Sunbury-Shamokln-Mount Car-
mel, Utdontown-ConnellsvlUe.

Tennessee: La PoUette-JeUico-TaBewell.

Virginia: Big Stone Oap-Appalachla.

Washington: Aberdeen, Anacortee. Port
Angeles.

West Virginia: Beckley. Bluefleld. Clarks-
burg. Fairmont. Logan, Morgantown. New
Martinsville, Point Pleassnt-Oalllpolte, Bon-
ceverte-Whlte Sulphiu- Springs, Welch.

Areas officially classified as "areas of sub-
stantial labor surplus" by the Bureau of
Employment Sectuity, which meet the ad-
dlttonsl criteria for designation as areas with
"substantial and persUtent" unemployment
as summariaed below :

smiMAST or carmiA roa oxsicNATiiia "abbas

or SUBSTANTIAI, AND PXBSXaTBMT LABOB
SUBPLVB"

1. nnemplojrment te now 6 percent or
more of the labor force, discounting seasonal
or temporary factors.

2. The annual average unemployment
rate * in the area has been :

(a) At least 50 percent above the national
average for 3 of the preceding 4 calendar
years; or

(b) At least 75 percent above the national
average for 2 of the preceding S calendar
years; or

(c) At least 100 percent above the national
average for 1 of the preceding 2 calendar
years.

National average unemploi/tnent rates
Tear: Rate

1966- 4.2

1957 _ 4. 3

1958 _ 6. 8

1959 1 5. 5

Data on annual average unemployment
rates for individual areas are based on in-
formation compiled from area labor market
reports prepMired by State employment
security agencies in connection with the
Bureau of Employment Security's regular
program for the classification of areas ac-
cording to the relative adequacy of labor
supply. Reports containing such unemploy-
ment and labor force data are generally
available on a bimonthly baste for the major
areas, and semiannually for smaller areas.
Preliminary data were utilized In some in-
stances in determining the annual average
unemployment rates.

Source: 17.S. Department of Labor. Area
Labor Market Trends, November 1900, pp.
18, 19.

I Unemployment rate: Unemployment or a
percent of the labor foroe.

[From the Washington Evening Star, Jan. 3,

1981]

Or HiGHBST PaiOBrrr

The need for some sort of governmental
asstetance to areas that are suffering deep
and prolonged economic distress is one that
te above and beyond partisan politics. It te,
on the whole, a two-part need — calling for
something in the nature of emergency relief
for many Individuate and for longer term
efforts to rehabilitate many areas. The spe-
cial labor-management-govemmental study
group headed by Senator Douglas, of nUnote,
has recognized these essentials of the prob-
lem and Its recommendations to President-
elect Kennedy contain constructive and
worthwhile proposals. Mr. Kennedy, in
ttim. has promised the most important do-
mestic priority to the matter, with the like-
lihood that congressional action in thte field
will be one of the first implementations of
hte campaign pledges.

Perhaps the simplest of the Douglas com-
mittee proposals, and one that presumably
could be activated most promptly, is that of
making additional surplus foodstuffs avail-
able for distribution in centers where long
unemployment has left families with little
or no means of self-support. Many such
commodities are available, and the coet ot
their dtetribution would be Insignificant in
relation to the need. The committee also te
on sound ground, while referring to unem-
ployment insxirance as a first line of defense
against the hardships of Joblessness, in pro-
posing that there should be temporary Fed-
eral supplementation of the Insurance funds
in certain States, with a later effort to work
out a "general improvement" in thte portion
of the social security system.

As a loi^-term proposition, It te evident
that a massive revltalizatlon of certain areas
te essential if they are to eecape a perma-
nent state of depression. West Virglnte,
with its overwhelming dependence upon the
suffering soft-coal indtistry, te a prime ex-
ample but not the only one. As the Doug-
las committee points out, the problem of
attracting new industries or reviving extet-
ing ones in such regions vrill require the
thoughtful cooperation of all levete of gov-
ernment, fnxn local to Federal, as well as
Imaginative private initiative.

Quite logically, no price tag has been
pUced on thte overall attack on a problon
of importance to the entire Nation. It te, In
any case, a Job that must be done and which
should be tackled without hesitation. On
both humanitarian and economic grounds,
the need te urgent and the returns can be
great.

The PRESIDENT pro tempore. Tlie
time of the Senator fnmi Illinois has
explxecL

Mr. CLARK subsequently said: Mr.
President, shortly after last fall's elec-
tion. President-elect Kennedy appoint-
ed a task force to deal with probl^ns of
areas of chronic unemployment. The
task force consisted of 22 members and
6 consultants. The task force submitted
its report to President-elect Kennedy.
The committee met at Charleston, W.
Va. and in Washington, D.C. In addi-
tion, the task force had available 7 sub-
committee reports and nearly 50 reports
from local committees throughout the
Nation appointed by President-elect
Kennedy to survey their needs and to
recommend programs for new Jobs and
new growth. The report, which was
filed on December 2S, was a unanimous
report. I ask unanimous consent that
the comments of President-elect Ken-
nedy on receiving the report may be
printed in the Rccoro at this point.

There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:

It would be a mistake to consider the
problems of chronic unemployment and un-
deremployment solely In the context of the
areas directly affected. The entire Nation
suffers when there te prolonged hardship in
any locality. Thte (troblem te especially crit-
ical today, for I out of every 10 persons
in the United States lives in an area that
now feete the impact of chronic unemploy-
ment or underemployment.

I know I express the appreciation of the
entire Nation for the services of the dtetln-
gutebed group of citizens who have partici-
pated in thte project. It was not easy; all
of them had to devote themselves complete-
ly to thte task on a crash baste.

Mr. CLARK. Mr. President, I ask
tmanimous consent that the index and
the text of the report may be printed in
the Record at this point.

There being no objection, the index
and report were ordered to be printed in
the Recort, as follows:
Kennedy Task Force on Akxa Rkdevklop-

ICBMT, WASHtNOTOK, D.C, DSCSlCBBt 27,
1980

Introduction.

PAST Z. BXUSr or PSBSONAL HAWIBHTP

1. Food.

2. Unemplo3rment compensation.

3. Oeneral assistance.

4. Emergency public work projects.

PAST n. DRVXLOPIOEMT OP LOMO-TSKM JOS
OPPOST U M VtlMh

1. Area redevelopment legtelatlon.

(a) Techuicol assistance.

(b) Loans for private projects.

(c) Loans and grants for public facilities.

(d) Training, retraining, and subsistence.

(e) Secondary market for industrial mort-
gages.

(f ) Loan insurance.

2. Federal procurement.

8. The development of human resources.

(a) Rateing of educational standards.

(b) Training, retraining, and placement.

(c) Services to p>er8ons with special em-
ployment problems.

(d) Manpower studies.

4. The development of physical resources
and use of other special induconents.

(a) Highways.

(b) Forests.

(0) Paries.

(d) Agricultural conservation.

(e) Puete and mlnerate.

(1) Coal and fossil fuete researdi.

(2) lOnerate.

(8) National fuete ptrfiey.

152

CONGRESSIONAL RECORD — SENATE

January 5

ft

n

(f ) Otber public works.

(g) Touth ConBervatlon Ck>rps.

(h) Consideration of special tax amortlsa-
tton.

6. Special regional development prolileau.
6. The prevention of distressed areas.

KxMWBDT Task Vcmca ow AasA R»dkv«lof-
itsMT, Washxkotom, D.C. Dacamwa 27,
1900

(Introduction)

llie Task Force on Area Redevelopment
was appointed by President-elect John F.
Blennedy to formulate a pro-am of action
to assist people In economically distressed
areas.

These areas Include (a) nearly 100 labor
markets classified by the U.S. Department
of Labor as areas of "substantial and per-
sistent labor surpltu," and (b) three to four
hundred of the lowest-income rural-small ur-
ban areas plagued by underemployment.

A distressed area Lb typically a pocket of
chronic unemployment which persists even
during relatively prosperous times In the
rest of the Nation. It is especially hard hit
in times of recession. Currently, when the
unemployment rate nationally is over 6 per-
cent, the distressed area rate is over 10 per-
cent, and in some instances as high as 20
percent. Oeneral economic recovery can be
expected to reduce the unemployment rate
In distressed areas somewhat, but not enough
to enable them to enjoy a fair share of the
Ration's prosperity.

Changes in consumer demand, depletion
of resoxirces, changes in defense prociire-
ment or in location of defense facilities,
decentralization of production, lack of in-
dustrial diversification, and technological
change are the most important causes of
depressed economic conditions In the labor
surplus areas.

The use of gas and oil rather than coal for
home heating and railroad power is an ex-
ample of changed consumer demand. This
shift in consumer preference, accompanied
by mechanization of mining operations, re-
sulted In serious unemployment In large
areas of Indiana, Illinois, the region of the
Upper Qreat Lakes, Pennsylvania, Kentucky,
West Virginia, and many other communities
along the Appalachian Range. Decreased
consumer demand for wool textiles as a re-
sult of the development of synthetic flbers,
as well as changes in plant location, have
similarly left the textile towns of New Eng-
land in a depressed condition.

The social Impact of chronic unemploy-
ment Is staggering. In September, 3 Si mil-
lion persons obtained a distribution of Oov-
•nunent stirplus, amounting to a retail value
of about only $9.36 per month per family
of 4 persons. The niunber relying on surplus
foods increases sharply in winter months.
Along with the school lunch program, these
surplus foods constitute the last line of
resistance against malnutrition for htmdreds
of thoxisands of our fellow Americans. In
West Virginia alone. In October. 281,000 peo-
ple, out ot a total population of 1.8 mUUon,
depended upon surpliis food in order to
sustain life.

There is wide bipartisan agreement that
the dlst^ssed area problem cannot be re-
solved by private initiative alone. Oovem-
ment can lend a helping hand — local and
State government as well as the Federal
Oovemment. It ts also generally recognised
that no one solution — no one plan or legte-
latlve enactment — can do tha whole Job for
all distressed areas.

In the recfunmendatlons tlwt follow, a
diversity of programs Is suggested. Some
Mre urgent and demand immediate action,
such as the relief of personal hardship, and
the passage of an area redevslopmeat bill.
Others refer to the priorities which should
be assigned to the areas of chronic unem-
ployment within existing or contemplated
programs. Still others are recommendatloiis

which may bs accepted or rejected, expanded
or contracted, as experience is gained. Some
are immediate and short term. Others are
I'^ng range programs which cannot be car-
ried out in a single year. Altogether, they
serve as an arsenal from which specific weap-
ons to combat the partic\ilar problems of a
region or area which may be selected.

PAXT I. KBJXr aw RB80MAL RASOSHIP

1. rood

At present, flour, lard, dried eggs, dried
milk, meal, and rice are on the surplus food
distribution list. To Improve the diet of
needy persons in distrssssrt arsas, we recom-
mend executive action to make additional
surplus commodities available (such as but-
ter, oatmeal, and peanut butter): to im-
prove the distribution of surplus commodi-
ties with funds, personnel, storage space, and
trucks; to assm-e that siirplxis commodities
are made available regardless of State resi-
dence requirements; and to Improve ths
management of the school lunch program so
that it reaches every school In a distressed
area. •

We further recommend both executive and
legislative action to permit the \ise of avail-
able funds to acquire foods temporarily not
tn surplus but necessary to provide a mini-
mum balanced diet to those eligible for food
grants; and both executive and legislative
action to develop a food stamp plan, initially
on a pilot basis, in the areas of greatest need.

2. Vnemplojfment compensation

Hie current high national rate of tm-
employment has intensified the diOculUes
in the distressed areas. Unemployment in-
svirance benefits have become the most sig-
nificant first line of defense to eligible Job-
less wage earners. Our unemployment In-
surance legislation is \n need of general im-
provement in the amount, dvu-atlon. and
financing of benefits. Pending such im-
provement, however, early action Is naces-
sary to meet tha problems created by the
exhiaustion of unemployment insurance
benefit rights for hundreds of thousands of
wage earners.

To meet that problem, we recommend a
temporary emergency unemployment Insur-
ance program along the general lines of the
Temporary Unemployment Compensation
Act of 10S8. We urge, however, that tha
Federal funds advanced to the States should
be in the form of grants rather than loans.

In addition, a Federal reinsurance pro-
gram should be given high priority in the
next Congress In order to protect States with
a high proportion of distressed areas. Fur-
ther Increases in the taxes to finance unem-
ployment compensation in those States will
hinder efforts to attract new industry and
will also discourage the growth of »»i«ting
Industry.

3, General ataistanoe

The Federal system of grants-in-aid for
public assistance does not provide any aid
for the able-bodied, needy citizens and their
famlliss who have exhausted their imem-
ployment compensation benefits. State pro-
grama for general aaslstanee vary widely
and most systems are inadequate to meet
the needs. In 17 States, local funds are the
osily sources available to pay relief benefits
to the employable needy, and the areas where
the need Is greatest often have the least
economic resources from wblch to rales sooh
funds.

We therefore reoonunend legislattoB to
provide grants-in-aid to the States to help
them finance adequate general assistance
programs or, alternatively, an extension of
the Federal aid -to-dependent-children pro-
gram so that it win include children In need
because their parents are tmemployed.

4. Emergency pubUe vork profeete
The question of whether a nationwide pro.
gram of emergency public works pn>)ects

should be undertaken •■ aa antlreaesslon
measure is under consideration by another
preeidenUal task force. If such a program
U autborlaed we believe that an appropriate
portion of the available funds shoxUd be set
aside for the distressed areas, and that among
the authorized public works projects should
be those for such pxirposes as local and
regional access roads. These will be par-
tiqularly helpful to distressed areas in over-
coming their disadvantages in location and
transportation. Distressed communities
might also be relieved of some or all of any
matching requirements, depending upon the
extent of their resoiiroes. Also there should
be projects which will enable these areas
to develop their forest, water, and other
resources.

If no national emergency public work pro-
grams are undertaken, then we reeonunend
an emergency program of small public work
projects limited to the distressed areaa. The
chronic low Income in moat of these areas
has forced a chronic neglect of needed pub-
lic works. Yet. without such improved pub-
lic facilities, the private economy of these
areas wlU probably never be siacesssfully
revived.

In the early 1980'b. when we were struf
gling to overcome a national depression, we
engaged in a great debate as to the relative
desirability of public work projects aa against
direct reUef. The decision was for public
work, and for many reasons. The monu-
ments of that ded^on — eobools. Improved
forest and recreational areas, dams, roads,
bridges — are now a part ot our natkmal
wealth.

While we were then dealing with a na»
tional depression, an analogous sttaatkm
exists when we are dealing— as we are now—
with localized depressions. And for all of the
reasons which contributed to a national de-
cision for national pubUo works to take
people 00 the relief rolls and combat a na-
tknal depression, we believe that a national
decision should now be made for
public works to take people off
rolls and combat locallasd depression.

Although eligibility standards tor sueh aid
must be drawn with great care, we believe
that for the moet distressed oomasanlttes tn
the country there is no other adequate or
self-respeeUng way to relieve kmg-etaadlng
hardship and begin the procees of

PAST n.

1961

CONGRESSIONAL RECORD — SEN ATE

1^

BBVSLontsiVT or LOwe
uePoaiuHiiias

JOS

The proposals for Improved programs tat
the distribution of sivplus food, unemploy-
ment compensation, public assistance, and
emergency public work projects— while Im-
perative to alleviate Immediate hardahtp—
are not the ultimate answers to the problem
of the distressed areaa.

From the standpoint of long-term poMle
policy, the need is for permanent Jobs.

Jobs sustain the morale of individuals and
communities. Jobs add to Individual and
national wealth. When a Job Is provided for
a man on relief, a taxpayer le substltated
for a recipient of pubUe nTrtTtsnirt s^pendl-
turee.

And Jobe, not relief, are what ths people
of the distressed areas want.

This task force assumes that prompt and
energetic measurea will be taken by the new
administration to create conditions under
which the Nation will retiu^ to an adequate
rate of economic growth. We further assume
that recommendations for countering the
current recession and stimulating expansion
of the national economy are beyond the
scope of oiur assignment. But nothing, from
the standpoint of our own mlttl^m. Is more
important. Unless the national economy be-
glzis to grow at a rate fast enough to reduce
substantially the current exoeeslve national
rate of unemployment, any special measures
to benefit the dlstreseed areaa win be llttle
more than palllatlvea.

The measiu-es to Insure adequate growth
are varied. Socne of than will operate
quickly to provide Job opportunities In ttie
distressed areas; others will do so only over
a longer period. But a many sided program
ahould be enacted now to channel national
growth, in greater degree than in the past.
Into areas of high and persistent unemploy-
ment and underemployment. Kven In a
period of more rapid economic growth, sup-
plementary measures will still be necessary
to develop and rehabilitate these areas. Only
then will these areas be able to share fully
In the rising volume of national production,
and. in turn, contribute to national growth.

1. Area redevelopment legUlation

The moet immediate need is for legislation
which will encom-age new Industry to locate,
and existing Industry to expand, in indus-
trial areas of chronic unemployment, and In
underdeveloped nutd and small urban areas
of vmderemployment which require a letter
balance of industry and agricultiire.

BUls specifically designed for this punxiee
passed the Congress In 1»58 and In 1960.
They were thoroughly considered in exten-
sive hearings by congressional committees,
and there Is wide agreement as to the gen-
eral approach. In view ot the need for quick
action, it is recommended that an area re-
development WU be enacted promptly by the
Congress, and sent to the President for his
signature.

The area redevelopment bUl should pro-
pose a coordinated effort by the Federal.
State, and local governments and private
enterprise to redevelop the economiee of
areas with chronic unemployment and un-
deremployment.

Such a bill BbouM contain these main
features:

(a) Technical Assistance

Careful programing is essential to suc-
cessful efforts for economic redevelopment.
Technical assistance must be provided to
local bodies to enable communities and areas
to plan intelligently their long-term eco-
nomic development, explore fully the moet
constructive lines for their expansion, and
create new locatlonal advantages within
their communities to attract private and
public enterprise. Financial provisions
should be contained within the legislation
to enable the Administrator to assist these
eonununltles In programing their develop-
ment course.

(b) Loans for Private Projects

The construction of Industrial and com-
mercial buildings, including tourist facili-
ties, at attractive financial terms Is fre-
quently eesentlal to the economic redevelop-
nmnX ot dliitreseed areas and the creation of
Jobe. The evidence Is conclusive that con-
ventional lending faelUtlee In distressed
areas cannot provide fully for the long-term
credit needed for sueh oonstarictlon. The
area redevelopment bill, therefore, should
provide for loans that will attract hustnsss
firms to these areas. Because the Federal
Oovemment should not subsidize these
loans, the interest rate should therefore be
fixed somewhat higher than the Federal
Government pays on loans of comparable
matiirities. The bill should require that at
least 35 percent of the capital Investment
come from non-Federal sotirces.

The pun>ose of financioig these new proj-
ects Is to asalst in the creation of new enter-
prises rather than in the relocation of
established firms.

(c) Loans and Orants for Public Ftkcllities

ICbdemlsed public faellitlee are often pre-
requisites to the establishment or expan-
sion of industrial or commercial f^ants or
facilities. Some communities are unable to
support the needed public faelllttes because
of limited financial reeooroee resulting from
the deterioration of the tax base or chronic
low income.

A loan program is needed to realize these
facilities in such communities. In extreme
cases it will be necessary to provide grants
to enable communities to provide the facili-
ties, such as access roads, industrial water,
indxistrial parks, and public utilities where
lacking, to nuike them attractive for indus-
trial or conunercial facUltiea. In most esses
it Is anticipated that grants will be related
to the ability of the community and the
State to contribute to such, ventures.

(d) Training, Retraining, and Subsistence

It is also essential for a successfiil re-
development program that the Federal Oov-
emment, in cooperation with State, local,
and private organizations expand the facili-
tlee and opportxinltles for training and re-
training the labor force in the distressed
areas in the new skills required in Industry
and commerce.

To make it financially possible for workers
to undertake the training and retraining,
those who are not entitled to or have ex-
hauste<l their unemployment insurance
should be paid subsistence payments during
the period of training and retraining.

(e) Secondary Market for Industrial
Mortgages

Many communities which have suffered
heavy unemployment over a long period have
invested large sums. Including funds raised
by popular subscription throxigh community
development organizations, in long-term in-
dustrial mortgages. But these communities,
some of which pioneered in self-help opera-
tions, now find their available risk capital
tied up In these mortgages, and are running
out of flxumdal resoxiroes. In order to free
their funds for new investment in enter-
prises which will create the required new
Jobs, the Area Redevelopment Administrator
should study the feasibility of allowing
financial Institutions in distressed areas,
especially community development groupe,
to rediscount their industrial mortgages with
some agency of the Federal Oovemment.
This could follow the general pattern estab-
lished for the purchase of real estate mort-
gages by the Federal National Mortgage As-
sociation.

(f ) Loan Insurance

The Administrator should also study the
desirability of establishing a program of loan
insurance to supplement the direct loan
program contemplated in the area redevelop-
ment program.

2. Federal procurement

We are deeply concerned that only about
1 percent of the value of aU military prime
contract awards is assigned to areas of sub-
stantial labor surplus as a result of any ac-
tion by the military departments to assist
these areas.

(a) We recommend that there be estab-
lished at the requirements planning levels
of defense and defense-related agencies posi-
tloiu to be filled by highly qualified techni-
cians, employed by a different agency of the
Federal Government, with responsibility to
recommend ways and means to most effec-
tively utilize production and manpower ca-
pabilities in areas of substantial labor sur-
pliis. Including small businesses, in these
areas.

We recommend that the President direct
prociuement agencies to require prime con-
tractors to submit in their proposed bids de-
tailed Information regarding the maximxun
use of manpower and facilities located in
substantial and persistent labor surplvis
areas. The procurement agencies should
then require successful bidders to carry out
such plans.

(b) It should be the policy of the Federal
Government to encourage firms in di«>nissni1
areas to participate fully in Gofvemment pro-
curement. We recommend that the Presi-
dent direct Federal proem ement agendee to
make maximiun use of competitive bids and

set-asldes. We aJao recommend that pro-
curement agencies energetically implement
Uie provisions of Defense Manpower Order
No. 4 by assuring that firms in dlstreesed
areas participate to the maximiun extent In
Governmmt procurement activities.

(c) If a general Government policy Is
edited looking toward the additional dis-
persal of plants for defense production and
defense -related installations, we believe that
labor surplus areas should be given preferred
consideration in the choosing of these new
sites. The same principle shoiild apply with
respect to the dispersal, relocation, or new
location of nondefenae agencies and facil-
ities of the Federal Government.

(d) In view of evidence submitted to the
task force that some distressed areas have
been deprived of 6<»ne of their markets when
other more expensive fuels have been offered
to Government-owned installations, we ree-
onunend that an Executive order be issued
which will require all Oovernment-owned
installations wlxlsh are now in existence, or
which may be constructed, should use that
fuel which is most economical on the basis
of an acciurate, realistic, and impartial cost
surrey.

3. The development of human retourcea

The long-continued low income levels in
some of the Nation's distressed and under-
develo]>ed regions have also res\ilted in a
relative underdevelopment of human talent.
Local financial resources have not been suffi-
cient to provide educational opportunities
which are equal to those of other areas, and
a large proportion of the more lilghiy edu-
cated mdividuals have left their home com-
munities for the more proeperous sections of
the country. This migration has in turn
handicapped these areas in their efforts to
attain a healthy role of economic growth.

To reverse this trend requires outside he4>.

(a) Raising of Kducaticmal Standards

The educational lag in theee regions can-
not be overcome without Federal aid. It is
the assumption of this task force that Fed-
eral aid on a nationwide basis will be insti-
tuted during the coming year. We recom-
mend that such a program should embody an
equalisaticHi formula to asstire additional
assistance to the poorer areas. Onoe such a
program is enacted, we recommend that the
President instruct the Secretary of Health.
Education, and Welfare to determine what
further legislation may be needed to enable
theee areas to provide educational oppor-
tunities equal to those offered citizens who
live elsewhere, and to deal in the immediate
future with the q>eclal education and train-
ing problems which currently limit the op-
portunities of young people in these areas,
(b) Training. Retraining, and Placement

Studies have shown that even in areas of
high unemployment and even in the midst
of recessions there are Jobs for those with
the right skills. Moreover, the possession of
a skill which is in demand can enable an
imemployed person to leave the area to find
employment tisewhoe.

Pending new legislative authority, a sup-
plemental appropriation idiould be sought
\mder the Vocational Act of 1946 earmarked
for this specific piupose in order to permit
a beginning to be made In the fiscal year
1961.

The Secretary of Health. Bducatlon. and
Welfare and ttie Secretary of Labor should
Investigate the feasibility of providing funds
to defray the cost of traaqMrtatlon to Job-
less workers while undergoing training.

Entering upon a retraining program sh(mld
moreover not disqualify for unemployment
eompeneatton a peteon win Is otherwise
eligible.

In addltUm. the Secretary of Labor should
make a special study to see how the fnne-
ticms of the employment service may be Im-
proved, so that available workers can be more
effectively matched with available Jobs.

^ 1

154

CONGRESSIONAL RECORD — SENATE

Jarmary 5

1

I ^

(0) SerrloM to Paraons With SpeeUl
Bmploymtnt Problems

A pwaon looking for work may have a
■pedal dl««dT«nt«ge if he l« too old or too
Ttntng, If he to uaskUled or hM the wrong
skill, If he has a physleal handicap, or If he
U oolored. While the iwobleme of "hard to
plaoe" pereons are national In scope, they
are always more severe In areas of heavy
unemployment.

Ill* Kmploymsnt Service has a smaller,
staff today than IS yean ago (lO.MO com-
pared to 12,124). We recommend placing
additional q>eelally trained vocational
counselors In key employment ofBcee In re-
•levelopment areas to serve workers who
have special employment probl«na. We also
recommend sending task forces of ex-
perts In counseling, guidance, and Job de-
velopment Into a community whenever a
major unemployment crtels such as a mine
or plant shutdown either occvtfs or threat-
ens to occiu*.

TO ease the biorden of unemployment on
the older workers, we recommend the
amendment at the Social Security Act to
permit retirement of male workers at age
62 with correspondingly reduced annuities.

We further recommend that the President
establish a Committee on Special Problems
of the Labor Poroe, and asiOgn Its respon-
sibility for a program of educational and
ebnununlty planning and action to break
down arbitrary barriers to the employment
of all the groups of disadvantaged workers.

(d) Manpower Studies

We believe that responsibility should be
claarly placed upon an existing or new unit
in the Executive (XBce of the President to
provide the leadership for and the coordina-
tion of the actlvlUes of the Federal Govern-
ment In the entire area of manpower and
the development of h\unan resources.
4. r*« development o/ pliysiosi reso«trces and
tue o/ other rpecial inducevients

Many of the Nation's distressed ccanmunl-
tias are located In underdeveloped regions
with a rich natural resource potential. Yet,
because of disadvantages of transportation.
location, and topography, (rften amounting
to Inaoceaslblllty, these resources have not
been developed as rapidly as those of oth«'
areas. Lack of develo]unent has resulted In
relatively low Income, which. In t\u^, has re-
sulted In a deOelency of capital. To reverse
thto downward spiral requires outside capi-
tal. In some cases the resource, such as a
forest, has been depleted and Is no longer an
adequate source of employment In the pro-
duction of timber, water development, and
outdoor recreational facilities.

As resources are rehabilitated Income and
capital will be generated locally, providing
the base for needed economic growth.

TlM emergency public work programs, the
area redevelopment legislation, and otho'
programs and actions proposed in thto re-
port should be administered with a view to
titetr TT>f»iiT»iit¥» contribution to the long-
term development of the natural resources
of the dtotressed areas. In addition. Federal
asstotance on a long-term basto to needed
In several specific resouroe categories:

(a) Highways

XiM eurtaUmant of the Federal-aid hl^-
way program throi)«hout the MaUon by
Imposltioii of contract controls has had a
particularly Injurious effect on States oon-
laliLliig illsliiwasil anas tinrsiiin tlieaaaratha
SUtea which, beeauaa at relatively low In-
come, have lagged In highway coostruetion.
Ws recommend that the President take Xkao-
utiva aodon to tnmlnata the raatrlctlons
which have prevented the States from mak-
ing use of the fiill amount of Federal-aid
highway funds legally available to them.

We reoonunend further that the President
orga the aeTaral States, wherever feasible

within the framework of prescribed criteria,
to give priority to highway Improvement
projects located In or near economically dis-
tressed areas.

^>eclal emphasis should be given to bring-
ing chronlcaUy dtotressed areas Into the
mainstream of economic life through feeder
road construction where Isolation of large
numbers of people prevents modem eco-
nomic development.

The criteria for highway routing and ca-
pacity should take Into account how eco-
nomic growth can be stimulated, particularly
in areas which have lagged In growth.

(b) Forests

As part of the program for emergency pub-
lic works, a supplemental appropriation
should be made to the Forest Service for the
current fiscal year to permit tlmber-etand
Improvement, reforestation, trail and road
construction, watershed Improvement, ero-
sion control, and development of recreation
facilities in national forests In or adjacent to
dlstreesed areas.

For a longer range program, wa raoom-
mend that the President direct the Secretary
of Agriculture to present to the CX>ngress
during 1961 a plan for forest development In
distressed areas, to include restoration of
productivity and Income-producing capabil-
ity of the small private forest lands and
strip-mined forest areas.

In addition to accelerating the conserva-
tion work on the national forests at once,
their long-range plans should be adjusted
and accelerated In a way that will give em-
phasto to the work needed In distreased areas
over the next several years. There should
also be fully utilized the authcMity to create
new national forests where thto solution to
Indicated.

(c) Parks

iSmilarly. a supplemental appropriation
should be made to the National Park Serv-
ice for Mission 66 projects in areas at eco-
nomic distress with special emphasto upon
facilities which will encourage the toxirlat
Industry.

To help promote the tourist Industry In
dtotreaaed areas, special authorlxation and
appn^iriation should be provided to asaist
States to develop recreational f acllltlea, such
as roadside parks and rampsltes. Tlie pro-
gram would be admlntotered by the National
Park Service in cooperatton with the SUtes.

(d) Agrlcult\iral Conservation
As part of the emergency program, a sup-
plemental appropriation should be made for
the current fiscal year to the Soil Conserva-
tion Service for a land conservation work
program to be admlntotered throxigh local
soil conservation districts. The work to be
stressed would Include reforestation on farms
and strip mine spoil areas, stream bank
stabillaation and erosion control, and small
water control structures.

As a long-term measiu-e, funds In the
agricultural conservation program should be
earmarked for permanent conservation prac-
tices providing maximum local employment
In dtotressed areas, such as forestry on pri-
vate land held by low-Income landlords,
with up to 100 percent of the coet to be borne
by the Federal Oovemment. Manpower
would be obtained from local unemploy<ad
personnel, and the work to be itieaaad should
be Umber-stand lmpro>vement and eroalon
control.

(e) Faeto and Minevala

(1) Ooal and foaall fuela reaeareh

TtM coal and foasil fuel rich areas need
basic and applied research to provide new
uses to maintain extotlng uaea and to pro-
mote atabillty of onploymaat.

We recommend an additional a{^roprla-
tloQ for the new OOoe of Ooal Beeearch and
the intenalfloatlon ot eooperattve studlee
with State and private groupa.

(2) Mlnerato

In some areas higher quaUty mlnerato have
been exhausted while elsewhere they are be-
ing neglected because methods have not
been developed economically to extract and
process certain low quality ores, or sufllclent
economic uses have not yet been discovered
for other mlnerato.

We propoee, therefore, that the mlnerato
research program of the Bureau oi Mines
be expanded.

(8) National fueto policy

We recommend development of a national
fueto policy. The lack erf a national fueto
policy to an underlying reason for some of the
extotlng conditions of dtotress In the coal
producing regions and In some Independent
oil producing communities. A national fuds
policy woiUd help alleviate prevalent dto-
tress. would help Improve the economic
health of theee industries, and would be
beneficial to the Natton* security,
(f ) Other PubUc Works

A supplemental appropriation should be
made to initiate construction of authorlaad
projecU for clear streams, navigation and
flood control. poUuUon abatement, sealing
of abandoned mines, public buildingB. and
other public works projects In or near areas
of economic dtotreas.

The agencies should be Instructed to Initi-
ate or accelerate planning on new projects
which provide opportunities for economic de-
velopment in dtotreaaed areas, and to submit
for Presidential approval proJecU on which
planning Is complete and which are ready
for authorization.

The V&. Army Knglne«« should be urged
to take a new look in Ubor surplus areas at
water reaouroe projects previously daaaad as
Inactive ao as to detennine the poasibtllty of
their being placed again in the active cate-
gory, and proper considsratlon should be
given to all factors, including even flow and
employment benefits in the aaleetion of proj-
ects for authorlaation.

(g) Youth Conservation Corps
We recommend enactment of a bUl to cre-
ate a Youth Consarvatlaii Corps as provided
by S. 812, passed by the Senate in 1060. Such
a corps would provide manpower to expedite
some of the kinds of projecta of the type dis-
cussed earUer for National and State forests
and parks while drawing enroUesa looaUy to
the greatest extent feasible and girlag pri-
ority to locally experlencad maa as aopar-
vlsors.

(h) Consideration at ^jMclal Tax
Awvy 1 iia tifin
As addttkMkal eueuuiageuteiit to private
Industry to kMate branch plants In chrosile
and persistent labor surplus areaa and to
expand wtatlng entarinlaaa in thaaa
consideratian should be glvan to tha q«
ot whether special taa amortiaatloa ptovM-
ing for accelerated writeoffs of plant aad
equipment would help to anoourace indva-
tries to locate or expand productkm faellltftaa
in such areas.
5. Special refionml development proMams

We believe that iB aOHM regions of tiM
country, vrhere e<innwBlr pMblems are par-
ticularly deep seated and aevere, the leauuiea
development actlvltlea deacrlbed above naa€
to be coordinated Into broad regional daral-
opnMntal programs

A rsgtan where suCh an wpgenetax la ap-
propriate may be defined aa ona vhldi. al-
though It may contain Islands of proaparlty.
suSoa retarded eoonomle growth In ttM
region as a whcde. has a level of income well
below thoee of surrounding regioos. and
eKperlenoes a general undarutl 1 taation of Us
labor force.

Omm such region to easy to Identify — aisa
Appalachian area which HKtmaSm tMm Haw
YoriE to Alabama and contains portio— of il

1961

CONGRESSIONAL RECORD — SEN ATE

155

Statae. The economy of the regloo suffers
from the decline of the ooal Industry, dis-
advantages of topography, transportaticm.
and highway deficiencies, and isolation from
major population centers.

Other regions with special problemu in-
clude the textile region of New England and
upper New York; the region of declining tim-
ber and iron ore production of the upper
Great Lakes States; certain underdeveloped
rural and small-town areas of the South.
Southwest, and Far West; and the coal re-
gion of southern Ulinoto and Indiana.

We urge a program of regional develop-
ment conuntosions to attack the special prob-
lems of each region and to propose means for
formulating and carrying out comprehensive
development programs.

As an immediate step, we reccHnmend that
the President appoint such a commissian
for at least one of these major areas. Both
because of Its size aoid the severity Ol Its
problems, we believe that such a ootomto-
sion might well be set up first for the Ap-
palachian region. Thto in turn could serve
aa a poaslble pilot favject for similar efforts
in other regions.

9. The preventiam. o/ dUtrested areas

Our recommendations thus far have rtfated
to the aUeviatian of dtotress and economic
rarival within areaa now claaalfled aa dto-
treaaed.

Of perhape eqxial tmportanoe, though in-
finitely more dlOcolt, to the develapment
of an early warning system to dalaet the
beginning of trenda which lead to locallned
depressions and the development of meas-
ures for the correction of such trends be-
fore the problem becomes acute.

It to now apparent that the automation of
particular industries, such as the steel In-
dustry, may result In a new group of dto-

We therefore recommend that the Presi-
dent give conaidermtlon. through whatever
agency he deems appropriate, to the prob-
lem of stnxrtnral changes in the economy
which produce unemployment, with particu-
lar emphsals on automation and with the
Job of devlstng soeh an early warning system
with remedial measxires.

FoBCB oif Aaxa

Senator Paoi. Dooslas. chalnnan. XJJS-
Senate, Senate Ofllce Building, Washington,
D.C.

Myer Fsldmaa. secretary, care of Senator
John F. Kennedy. Senate OflBce Building.
Washington, D.C.

William L. Batt. Jr., fleeretary of Labor and
Indnstry. Oommonwcaltik of Fennsylrania.
Hanisborg, Pa.; resktmee. lU ■srth STtk
Street, Camp HUl. Pa.

Barl T. Beattf . director. Dtotrict 88. United
Stad Workers. Boom 600 Providence Build-
ing. Duluth, Minn.; residence. 9211 Highway
ei. West. X>nluth. Minn.

Herttstt J. Bingham, executive secretary,
Tennesaaa lUmldpea Le^ioa. 886 Capitol
Boulevard. HashTtUe. Ttan.

Harry A. BosweO. Jr.. chairman, Maryland
Wrmirmic Devalopment Commiaidoa. 3718
Bhode Island Avenue. Mount Bataler. Md.

Thomas H. Bride. Jr., Federal nr<oduots
Corp.. 1144 Bddy Street. ProvidcBoe. BJ.;
rerttfanoe, 138 Mary Brown Drive. Warwick.
BX

Dr. Clyde L. Oolaon, dean. College ot Law.
West Virginia Unlvemty. Morgantown. W.
Va.

William R. Davlln. secretary of eommoee
and chairman. Pennsylvania Industrial De-
velopment Authority. Commonwealth of
Pennsjlvmnla. BarrtrtMirg, Pa.

Wayne C. Ftetdier, dlraetar of Industrial
derelopmeut, Chesapeake ft Ohio Ballway,
Huntington. W. Va.

Dr. wunam Haber, Department of Beo-
nomlca. UniTersttj of Mtfftlgaw. Ann Ailiar.

Mich.; realdence. 630 HlUspur Boad. Ann
Arbor.

Arthur L. Hamilton. caecutlTe secretary.
Chamber of Commerce, 1421 West Cherry
Street. Herrin. m.

Harry Q. Hoffmann, editor, the Charleston
Oaaette. Charleston. W. Va.

John A. Koelnakl, president. Industries for
Amsterdam, Inc.. 20 Kast Main Street. Am-
sterdam, N.Y.

Dr. W. George Plnnell. assoctote dean.
School of Business, Indiana University,
Bloomington. Ind.

Don B. Potter, president. Monongahela
Power Co.. Post Oliloe Bos 1802. Fairmont.
W. Va.

John P. Bobln. chairman. Pennsylvania
State Planning Board, Harrtoburg, Pa.; resi-
dence. Philadelphia. Pa.

Burl A. Sawyers, 061 Matliews Avenue,
Charleston, W. Va.

Miles C. Stanley, president. West Virginia
Labor Federation, An<-CIO. 1824 Kanawha
Boulevard. Bast. Post Ofllce Bos 646,
Charleston. W. Va.

Charles H. Stoddard, ReeoTirces for the Fu-
ture. Inc.. 1579 44th Street NW.. Washing-
ton. D.C.

Laurence E. Tleroey. Jr.. iH-esident. West
Virginia Ooal Association, Bluefield, W. Va.

John D. Whtoman, executive director. East-
ern Kentucky Regional Planning Commladcm
and special assistant to the Oovemor of K«i-
tucky, Frankfort. Ky.

Michael P. Widman. Jr.. assistant to the
president. United Mine Workers of America.
United Mine Workers Building. Washington.
DjC.

COM 8 U LTAIfTS

Senator Joseph S. Cuuek, Donocrat. of
Pennsylvanto, UJS. Senate, Senate Office
Building, Washington. D.C.

Senator Jamnoics BANootra. Democrat, of
West Virginia. UjB. Senate. Senate Oflkse
Building. Wsahlngton, D.C.

Senator BoaasT C. Brao, Denuxaat. of West
Virginia. UJS. Senate. Senate OOce Building.
Washington. D.C.

Representative DawncL Flood. Democrat, of
Pennsylvania. UB. House of Representatives.
House OflBoe Building, Washington, D.C.

Sol Barkln. Textile Workers Union of
America. 99 University Place. New York. M.Y.

Milton P. Semer, counsel. Senate Banking
and Currency Committee, 5304 New Senate
Ofllce Building, Washington. DX;.

Mr. RANDOLPH subeequently sakt:
liCr. President. I ask unanimous consent
that my remarks may be printed at an
appropriate place in the Rbcobb.

The PRESIDINO OFFICER. ^K^thout
objectkm. it is so oitlered.

Mr. RANDOLPH. Mr. PresideDt. I
consider my oosponsorshlp of the area
redevdoiment bill, introduced today by
the learned and devoted senior Senator
from mbMds CMr. DouctAS], to be both a
privilege for which I am grateful and a
reajxaisibility I owe to my constituency.

Beyond these personal and parochial
ooDsideraUons. I believe it is incumbent
tipcm rae as a n.S. Senator to support and
to work diligeotly for the enactment of
the measure aa Introduced by the Sena-
tor from Dlinc^ [Mr. Douglas] because
I c<Kistnie it to be legislatton in the na-
tional interest.

Earlier this week, President-dect Jcbn
F. Kemiedy released the resort of a task
force be had appointed to deal with prob-
lems of areas of chronic unemploymait.
Upon receiving the report, the President-
elect is quoted as having stated in a press
reteaae:

It would be a ir*-***"* to constrtw the prob-
lems of chrome nnea^^oyment and uadcr-

employment solely in the contest of the sreas
directly affected. Tha anttra Nation suffers
when there to prolonged hardship in any io-
caUty. Thto problem to especiaUy critical to-
day, for 1 out of every 10 persons in the
United States lives in an area that now feeto
the impact of chronic tmemployment or un-
deremployment.

I oomjnunicated to the President-elect
my concurrence with his statement, and
I reminded him that I have sptikea fre-
quently in the Senate concerning my
view that there is erosion of the total
economy growing out of inattention to
conditions of chronic labor surplus an<i
areas of unemployment and underem-
idoyment.

It is my purpose not only to refer ap-
provingly at this time to the area re-
development bill introduced by the Sen-
ator frcnn Illinois [Mr. DouclasI. with
my cosponsorship and that of a stib-
stantial number of our colleagues, but
also, I reiterate the portion of my mes-
sage to the President-elect in which I
stated:

I am privileged to support fully the most
helpful Ttpatt and sound rennmmaiidatlone
of the Kennedy task f oroe on am
opment. There to widespread 4>praelat
by West Virginians for the oonstrwtive
method of apjnroach you qxmsored in ef-
forts to §tA solutions for the problems of
our State. Likewise. I have the feeling that
there to similar national aooeptanoe of and
gratification with the broader representative
pattern you m properly aatahUshed la the
courageous and neoeaaary aaarch for means
to alleviate hiunan suffering and Jobless-
ness in all chronic labor suri^iu areas and
ova- the Nation as a whole.

After the task force recommendations have
been evaluated by you, and when tlie rtew
administration's program In thto vital area
of national omccm baa been formulated,
be assured that it will be my desire and
intent to work cooperatively and diligently
with you and your staff, and with others who
will be in places of authority In the Oov-
emment under yotir wise, vigorous, and
forthright leadership. We must brtag thto
program to fruition.

As one who served in consultative capacity
with the Kennedy task force dealing with
problem ■ of areas of chronic unemployment.
I )oia you in paying deso^ed tribute to the
dictingxitohed chairman (the senior Sen-
ator from minoto) and members of that oat-
standing group for their patriotic and tin-
selflsh services. The excellent product of
tbetr labors win serve as guidelines for prog-
on the new frontier.

In this connection, I commend the sen-
ior Senator from Pennsylvania IMr.
[Clakk] and wish to associate myself
with his comments concerning the same
task force when, earlier today, he in-
serted the text o' ita report in the -^aooaa.

A vital portion of that ra?ort deals
with the subject of area redevelopment
legislation in the dev^opment of long-
term Job i^jportunities. I agree with
the task force finding that:

rrnpossls for iuipiot«sd progranu for the
dlstrlbutlaa of aurytni Cood. unemptoyment
compensation . pvMIc asatatanoe. and emer-
gency publir. work projects — irtifle Impera-
tive to alleviate Immediate hardship— ate
not the iiltimate answers to the problem of
the dtotressed areas. From the standpoint
of long-term pnbUc policy, the need la for
pennaaani }o^. And Jobs, not rdlef.
wHaa tha peoffle ct the dliliMsert areaa wi
Unices the national economy begtna to i

156

at » rate fart enoiif^ to reduce Bubetan-
tlaUy the current excessive national rate of
unemployment, any special measuree to
benefit the dlstreeaed areas wlU be Uttle more
than palllatlvee.

Bven In a period of more rapid economic
growth, supplementary measures will stlU
be necessary to develop and rehabilitate these
areas. Only then will these areas be able
to share fully In the rising volume of na-
tional production, and. in turn, contribute
to national growth.

The most immediate need Is for legisla-
t'jn which will encourage new industry to
locate, and existing industry to expand. In
Industrial areas of chronic unemployment,
and In underdeveloped rural and small urban
areas of underemployment which require a
better balance of industry and agriculture.
In view of the need for quick action, it is
recommended that an area redevelojxnent
bill be enacted promptly by the Congress.
and sent to the President for his slgnatxure.

Mr. President, the measure introduced
today by the senior Senator from Illi-
nois [Mr. DoTJOLASl. is an adequate
bill a very necessary item of legisla-
tion and I cosponsor it enthusiastically

and will support it vigorously.

Mr. President, I am grateful that the
bill which has been presented by my able
colleague from Illinois [Mr. Douglas]
and other Senators will receive early and
favorable consideration by the Members
of this body. It is important that we
realize the fact that thrice the Senate
of the United States has passed legisla-
tion to aid the distressed areas of the
Nation, the deep pockets of poverty
and unemployment and labor surplus
throughout the country.

On two occasions Congress passed
area redevelopment legislation. In the
first instance the legislation received a
pocket veto in 1958. and in the second
Instance there was a veto by the Presi-
d«it in 1960. The Senate did not over-
ride.

The essence of the earlier legislation,
included in the current bill, should be
passed early this session, and then the
measure will go to the White House.
We already have a positive assurance,
a pledge made during a vigorous cam-
paign by our President-elect that he, as
Chief Executive, if he were chosen by
the electorate of this country, would sign
such a bill.

There is an urgency about the situa-
tion, and. as already indicated, these
remarks should be printed at an appro-
priate place in the Rbcord, which I be-
lieve will be in connection with remarks
made by my collea«rue from Illinois [Mr.
Douglas] earlier today.

Mr. SCOTT. Mr. President, will the
Senator srield?

Mr. RANDOLPH. I jield to the Sen-
ator from Pennsylvania.

Mr. SCOTT. Mr. President, I am very
much in favor of distressed areas legis-
lation directed particularly toward those
areas of chronic un^nployment which
have suffered, which have not shared the
general prosperity enjoyed by much of
the rest of the country over a number
of years.

I have supported depressed areas leg-
islation when I was a Manl>er of the
other body and in this body. I believe
the first bill I introduced in the Mth
Congress was on that subject.

CONGRESSIONAL RECX)RD — SENATE

Jarvtmry 5

1961

CONGRESSIONAL RECORD — SENATE

157

I have today Introduced 8. 6, my first
bill in the 87th Congress. It is a bill
substantially sUnilar to the bill known
last session as the Scott-Van Zandt bill.
The Scott-Van Zandt bill provided for
expenditures of $200 million. S. 6 would
provide for $214 million.

I have spoken to the Senate previously
with regard to the proposals contained
in my bill, and I have also submitted an
analysis of the bill, which I conmiend
to all Senators. In my judgment, the
bill is one which deserves serious con-
sideration. I should like to have it con-
sidered in the course of the debate on
the subject. ^ ^^ ,„

The bill had the support of the Vice
President during speeches he made in
the past year. It will be introduced in
the other body, in my opinion, by cer-
tain Members of the House.

I commend the distinguished Senator
from Oregon [Mr. MohsbI and the dis-
tinguished Senator from West Virginia
[Mr. Randolph] for their great interest
in this matter. I hope that from among
the several proposals submitted we may
be able to get a workable, effective bill
which wUl meet the views of the other
body and which can be signed by the
next President. I sincerely, hope the
bill will be pointed directly toward the
objective of depressed areas assistance —
the retraining of personnel to provide
them with new skills; assistance to in-
dustry to move in without endangering
existing industry in another part of the
coimtry; and help to the conmiunitles
which, because of changing economic
conditions, through no fault of their
own. have not kept pace with the gen-
eral forward economic growth and pros-
perity of the United States.

I thank the distinguished Senator
from West Virginia for yielding to me.
Mr. RANDOLPH. Mr. President. I
respond by simply stating that the Sen-
ator from Pennsylvania has had a very
genuine concern for the passage of pro-
posed legislation in this field. We have
disagreed as to some of the particulars,
but It is important for me to remember
today, as I do. that in the 86th Congress
and prior to that Congress there was a
very vigorous effort on the part of the
Senator from Pennsylvania to meet this
problem and to be realistic in the solv-
ing of a very tragic situation in certain
areas, sections, and States within the
Republic. I congratulate the Senator.
Mr. HOLLAND. Mr. President, will
the Senator yield?

Mr. RANDOLPH. I yield to the able
Senator from Florida.

Mr. HOmVND. Mr. President, while
the two distinguished Senators who have
spoken are present in the Chamber I
should like to express an opinion, which
I think is not only an opinion enter-
tained by the Senator from Florida but
also an opinion entertained by many
other Senators.

I do not think there is anyone in the
Senate who does not wish to be duly
sympathetic with grave problems of con-
tinued unemployment, poverty, ill health,
and other things which go with de-
pressed areas, with all the deterioration
of morale. The trouble has been that
the bills we have had under considera-

Uon have not dealt directly with those
problems in such a way as to give relief
where it was needed, and to sUy away
from the problem of setting up a tre-
mendous organization to go into other
areas where there was nothing like such
distress.

The Senator from Florida knows what
he is talking about, because, as was ad-
mitted on the floor of the Senate by our
distinguished friend, the Senator from
Illinois, the last bill included four coun-
ties of the State of Florida as distreasad
areas.

I pointed them out on the map. In no
sense of the word were they distressed
or depressed. They were among our
highly prosperous counties; namely,
Leon Coimty. in which our capital city
of Tallahassee is located; Escambia
County, where the great naval air sta-
tion is located; Gadsden County, where
wrapper leaf tobacco is raised, and
where agriculture Is probably more pros-
perous on the average than in any other
county in oiu: State; and Alachua Coun-
ty, where the great University of Florida
is located. In addition to numerous other
important institutions.

It Is not necessary to put out a sop to
the Senators from Florida or, I am con-
fident, to Senators from any other State
to vote for legislation which realistically
deals with this problem. The Senator
from Florida has been in a part of the
coal area in West Virginia and has been
in the anthracite area of Pennsylvania;
and he knows perfectly well that there
is great distress and tremendous depres-
sion in those areas. Certainly he would
like to do something to help that situa-
tion.

The Senator from Florida handled in
subc(xnmittee. In full committee, on the
fioor of the Senate, and In conference
the measure under which food was made
available and under which such foods as
flour, grits, and meal were processed and
packaged in such form that they could
reach the recipients.

It ts quite possible that that measure
did not go far enough, and certainly the
Senator from Florida would want to see
it go as far as it was designed to go — that
is, to give a reasonable measure of satis-
fsrlng food to the people who are af-
fected— and he would like to go further
in the various wajrs that have been sug-
gested on the floor. But he hopes with
all his heart that these two Senators who
have introduced bills and others who are
so vitally interested in this program wiU
not again bring to the fkwr of the 8«nata
legislation which includes areas which
have no problem with these depressed
and distressed areas, many of whose for-
lorn people are forced to leave the areas
in which they have long resided. It is to
that point the Senator from Florida
wished to address himself at this time.
I am sure that every Senator and Repre-
sentative would like to show by his vote,
sympathy and helpfulness in a practical
and reasonable way. I hope that the
proposal which reaches the floor of the
Senate will be one which does not simply
try to give something to every State, no
matter how prosperous it might be. I
hope I may be able to cooperate in the
fullest measure with my two friends, the

distinguished Senators who are now on
the floor. I hope to be in a position to
support the proposed legislation. If it is
in the form in which it was at the last
session. I shall not be able to do so.

Mr. SCOTT. Mr. President. I wish to
clarify something referred to by the
senior Senator from Florida. I am sure
the distinguished Senator will be inter-
ested in the fact that the criteria con-
tained in my bill are the same criteria
which were contained In the bill which I
Introduced in the last session and in the
administration compromise bill known
as S. 3569. I am very pleased that the
new Douglas bill has adopted the same
unemployment criteria as were contained
in my previous bill and as are contained
in the present bill. These cotild be re-
ferred to as tighter criteria, a more
careful delimitation of the target areas
involved. The main difference between
the Douglas bill and the Scott bill,
although there are other differences. In
my mind is the difference in the amounts
of money appropriated for certain si)e-
ciflc propositions contemplated In those
two bills. The tighter criteria are em-
bodied in the bill, and were embodied in
8. 722, but were not in the original
Douglas bill.

ASSISTANCE TO S&IALL BUSINESS
BY ALLOWING CERTAIN DEDUC-
TIONS FOR INCOME TAX PUR-
POSES

Mr. SPARKMAN. Mr. President, I in-
troduce a bill providing for a tax adjast-
ment for small and mediimi-size busi-
nesses. The bill is Identical to S. 59
of the last Congress, in which I was
Joined by 15 of my esteemed colleagues
as sponsors, including 8 members of the
Senate Committee on Small Business.

Today I am particularly pleased that
all 17 members of the Small Business
Committee are joining in sponsoring this
important bill. The full list of cospona)
sors reads as follows: Senators Long of
Louisiana. Humphrey, Smathxss. Morsz,
BiBLx, Randolph, Engle, Bartlktt. Wil-
liams of New Jersey, Moss. Saltonstall.

SCHOKPPKL. JAVRS. COOPXR, SCOTT,

PtouTT, Bt«d of West Virginia, Carroll,
DooD, Orukning. KxrAWXR, NsuBncnt.
and Tarborouoh.

Ttxt need for enactment of this tax
adjustment to enable smaller concerns
to finance growth and expansion is clear
and pressing. We are all too well aware
of the deficiencies of our capital markets
in the long-term debt and equity capital
areas in meeting the financial needs of
small business. Tax adjustment pro-
vided in this measure would provide a
remedy for this gap in our financial
structure by utilizing the reinvest-
ment of earnings of principal to enable
small firms to obtain the required funds
to finance their growth and thus max-
imize their contribution to our economic
well-being, llie bill would accomplish
this objective by authorizing as a deduc-
tion from taxable net income an amoiint
equal to the aggregate addition to capital
represented by reinvestment in depreci-
able asets. Inventory, and accounts re-
ceivable except that the maximum de-

duction would be 20 percent of net in-
c<xne or $30,000. whichever is the lesser.

Too much stress cannot be placed
upon the underlying principle on which
the provisions of the bill are based.
Utilization of tiie reinvestjnent-of -earn-
ings principle recognizes the imdisputed
fact that historically new business and
smaller conceits have had to place
maximum reliance upon retained earn-
ings to secure and retain a foothold in
our economy. Generally placed at the
bottom of the credit worthiness scale by
lenders and Investors because of their
newness or size, small businesses have
had to rely on retained earnings to pro-
vide the funds to increase assets and fi-
nance expansion. The tax credit pro-
vided by the bill would be available only
to the extent that additional aggregate
Investments in modernization and in-
ventories were made.

Mr. President, the convening of this
Congress in the midst of the challenges
of the 1960's hardly requires a restate-
ment of the importance of small business
to our country or a reevaluation of the
role played by small business in the suc-
cess of our dynamic capitalism. No
greater tribute has been given to our
reliance upon the reinvigorating benefits
of their contributions than that paid by
that great American, Woodrow Wilson,
when he said:

No country can afford to have its prosper-
ity originated by a small controlling class.
The treasury of America does not lie in the
brains of the small body of men now in con-
trol of the great enterprises. It depends
upon the inventions of unknown men, upon
the ambitions of unknown men. Every
country is renewed out of the ranks of the
unknown, not out of the ranks of the al-
ready famous and powerful in control.

Our dependence for continued eco-
nomic resurgence upon the vitality of the
small and unknown is no less today.
The spawning ground for constant re-
newal of our economic capacity for
grovrth remains the 4 millions of small
businesses serving every segment of the
American economy. The broad-based
participation in our economic life by
small business underscores the impor-
tance of this segment of the business
community to the efficient functioning
of our national economy. And It like-
wise underscores a const-ant recognition
that a favorable climate must exist for
these concerns, as well as new entre-
preneurs, to grow and expand lest we
slip unknowingly into a posture where
inventive creativity is restricted and
incentive becomes the victim of effective
paralysis.

The overwhelming need of small busi-
ness for access to capital in order to grow
and expand in a competitive economy has
been extensively documented in recent
years. Case history after case history
was presented to the Senate Small Busi-
ness Committee during its natiiMiwide
hearings in the fall of 1957. Without ex-
ception, witness after witness graphical-
ly i>ortrayed the inability of their small
business concerns to obtain long-term
f vuxds from the capital markets on either
a debt or equity basis. And where longer
term loans might ordinarily have been
available, the prospects of repayments

were dependent upon the ability to re-
tain earnings which the tax structure
just did not permit. Although worth-
while amendments were made to the In-
ternal Revenue Code in 1958. it is recog-
nized that they did not go far enough.
Our present income tax structure places
a dispi-oportionately heavy burden on
small concerns. In addition, the diffi-
culties in obtaining needed capital have
acted as a drag on the growth of many
smaller concerns. Relief based upon tlie
reinvestment of earnings principle is
needed by these concerns and is abso-
lutely vital to their survival and growth.
Otherwise, we will see more and more
small firms declining, first to marginal
operations and then finally to oblivion.

Some may claim that the more than
14.000 business failures in 1959 or the
more than 15,000 in 1960 should be ex-
pected in an economy as competitive as
ours. They might likewise claim that
the losses sustained by these businesses
of almost three-fovuiiis of a billion dol-
lars in 1959 and more than $1.5 billion
in 1960 were a small price to pay. easily
bearable by an economy with a $500 bil-
lion gross national product. However,
no matter what measure one selects to
weigh the importance of these business
deaths to our total economic activity, we
cannot escape the fact that in recent
years the rate of business failures, as
well as the dollar losses, have both
soared. It is worth pointing out that
such an acceleration in business failures
or dollars lost did not prevail during the
period from 1921 to 1933.

I have long been concerned with the
increasing wave of metiers sweeping the
business community in recent years. As
a result of this activity, hundreds of
true Independent companies each year
have lost their Independent status and
become subsidiaries of larger corpora-
tions. While I am willing to grant that
there may be good mergers as well as
bad mergers, I am unable to convince
myself that this recent epidemic of
mergers can possibly work to the advan-
tage of small and independent businesses
in the long run. To the degree that
business deaths and mergers are caused
by inability to secure adequate financing
for growth and expansion and thus re-
main in the competitive stream, tax ad-
justment based upon reinvestment of
earnings will provide effective relief.

We should be under no illusions about
the challenges of the years ahead. A
strong, broad-based, virile and enterpris-
ing business community is absolutely
vital to our dynamic economy to insure
continued growth to serve an ever -ex-
panding domestic population as well as
underpin our economic strength in meet-
ing the tremendous and complex assaults
upon the security of the freedom-loving
nations throughout the world.

In recent months, economic forecast-
ers have become increasingly alarmed
over mounting unemplosrment, increas-
ing idle productive capacity, and widen-
ing pockets of regional and area de-^
pressed economic activity. Steel produc-
tion is running at less than 50 percent of
capacity, capital goods orders are down,
housing staii£ are off more than season-
ally and inventory liquidation seems to

A\

158

be the order of the day. While we sin-
eerely hope that these trends wUl be
brief in extent and duration, we know
that renewed confidence would be ex-
nressed by new orders for stock in trade
and new expenditures for modernization.

The tax adjustment provided for in
this biU wiU result in increased purchases
of inventories and increased investment
In capital goods and modernization of f a-
ciUtles. It can serve the dual purpose of
providing long overdue relief to small
and medium-sized btisinesses in financ-
ing their growth and expansion and also
providing a weU recognized counter-
stimulant to the current economic ills of
increased imemployment and greater un-
used Industrial plant capacity. It is my
earnest hope that the measure will re-
ceive early and favorable consideration
Dy this Congress.

Mr. President. I ask imanimous consent
that this bill may Ue on the toble for 1
week in order that additional Senators
may cosponsor it.

I further ask unanimous consent that
the text of the bin may be printed at
the conclusion of my remarks.

The PRESIDENT pro tempore. The
bill will be received and will lie on the
desk as requested; end. without objec-
tion, the bUl will be printed In the
Rkcord and the name of the Senator
from Rhode Island will be added as a
sponsor.

The bill (S. 2) to assist small business
and persons engaged in small business by
allowing a deduction, for Federal income
tax purposes, for additional investment
in depreciable assets, inventory, and ac-
counts receivable, introduced by Mr.
Sparkican (for himself and other Sen-
ators), was received, read twice by its
title, referred to the Committee on Fi-
nance, and ordered to be printed in the
RxcoKs. as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
part VI of BUbchapter B of chapter 1 of the
Internal R«venu« Code of 1954 ia amended
by adding at the end thereof the following
new section:
"Sac 181. ADomoHAi. linn*n«mT nt Db-

PBBCIABLC ASSBTS, INVXNTORT,

AMD Accounts Rxcdvablx.

"(a) OnraaAL Bmvk. — In the caae of any
person engaged In a trade or buslnesa, there
shall be allowed as a deduction for the tax-
able year an amount measured by the addi-
tional Investment In such trade or business
for the taxable year.

"(b) Ui«TATioif«. — The deduction under
subsection (a) for any taxable year shall not
exceed whichever of the following U the
leaeer:

"(1) 930.000. or

"(2) an amoiuit equal to 20 percent of
the taxable Income of such trade or busi-
ness for the taxable year (computed with-
out regsurd to this section ) .

"(C) ADOmOWAL iKVXSTMnfT Dejimku. —

For purposes of subsection (a), the addi-
tional InTestment In a trade or business for
a taxable year means the amount (If any)
by which —

"(1) the aggregate, computed as of the
close of the taxable year, of the adjusted
bases of —

"(A) all property used In the trade or
business of a character which Is subject to
the allowance for depreciation provided in
section 16T,

CONGRESSIONAL RECORD — SENATE

January 5

"(B) all stock In tnKle and property held
primarily for sale to customers In the ordi-
nary course of the trade or business, and

"(O) an acco\mtB reoetTable attributable
to sales to ctMtomera In the ordinary courM
of tra<le or business; exceeds

"(3) a !«"'"*»• aggregate, computed as of
the beginning of such taxable year.

"(d) Spbcxai. &UU — Limitation or Ar-
nuAXXO Oaoop.— For purposes of this sec-
tion—

"(1) All members of an affiliated group
^all be treated as one taxpayer; and

"(2) The Secretary or his delegate shall
apportion the limitation contained In sub-
section (b) among the members of such
affiliated gronp In such maimer as he shall
by regulations provide.

•*(8) AmuATXs oaoup nxriNED. — Por pur-
poses of this subsecUon. the term 'affiliated
group' has the meaning assigned to It by
section 1504. except that, for such purposes,
the phrase 'more than 50 percent' shall be
subatltvited for the phrase 'at least 80 per-
cent' each place it appears In section 1604

(»)■-

(b) The table of sections for such part
VI is amended by adding at the end tliereoX
the following :

"Sao. IBl. Additkwal Invxstmokt m D«-

FSXCIABLX AaaXTB, iNVKMTOaT
AKD AOCX)tTNTB RXCXTVABLX."

(c) The amendments made by subsections
(a) and (b) shall apply to taxable years be-
ginning after December 31, 1960.

RULES OP INTERPRETATION OOV-
ERNING QUESTIONS OF THE KF-

FEcrrs OP Acrrs op congress on

STATE LAWS

Mr. McCLELLAN. Mr. President, for
myself, the senior Senator from New
Hampshire [Mr. Bridges], the junior
Senator from South Carolina [Mr.
Thttrmond], the senior Senator from
Florida [Mr. Holland], the senior Sen-
ator from Virginia (Mr. BtmI. the
Junior Senator from Virginia [Mr. Rob-
ertson! , the sMilor Senator from Geor-
gia [Mr. Russell], the junior Senator
from Georgia I Mr. TalmadoiI. the senior
Senator from Alabama [Mr. HillI. the
junior Senator from Alabama [Mr.
Sparkmak], the senior Senator from
Iowa [Mr. HicKXNi.oopn]. the senior
Senator from Kansas [Mr. Schoippil],
the senior Senator from Utah [Mr. Bciv-
NXTTl . the senior Senator from Delaware
[Mr. WiLLUifsl . the senior Senator from
North Dakota [Mr. Yoxmol. the junior
Senator from Arizona [Mr. GoldwatkrI,
the junior Senator from Mississippi [Mr.
Stenwis] , the eenior Senator from South
Dakota [Mr. Mundt] . the junior Senator
from Nebraska [Mr. Curtis 1. the junior
Senator from North Carolina [Mr. Jor-
dan], and the Junior Senator from Flor-
ida [Mr. Omathers]. I introduce for ap-
propriate reference a bill to establish
rules of interpretation governing ques-
tions of the effect of acts of Congress on
State laws.

This bill is identical in language with
the amendment in the nature of a sub-
stitute which many of us offered to Sen-
ate bill 654. the so-called Bridges bill, on
August 20. 1958. in the 2d session of the
85th Congress. It will be recalled that
a motion to recommit that bill was car-
ried by a vote of 41 to 40.

The measure that I am introducing is
also the same as 8. S of the Congress

just passed, which I introduced on Jan-
uary 8. 1969. It is likewise Identical
with UM. 3. which has passed the House
of Representatives twice, in both the
85th and 86th Congresses under that
number designation.

•nils bill is known as the Federal anti-
preemption bllL I shall not discuss it
in detail, but I point out that it is de-
signed to correct the situation which ex-
ists under present rulings of the U.S.
Supreme Court, to the effect that when
Congress has enacted legislation on any
subject, the States are deprived of the
power to enact or to enforce similar laws
on the same subject, even though not
in conflict with a Federal statute.

To correct this situation the bill would
do two thiiigs. First, acts of Congress
would not repeal State laws or nullify
them, or preempt a field of legislation
unless Congress specifically so provided.
Second. State laws would not be de-
clared by the Supreme Court as being in-
effective and Incapable of wiforcement.
^^nifi^ they were in irreconcilable con-
flict with the Federal law.

I Mk unanimous consent that the biU
may lie on the desk until the close of
business on next Tuesday, January 10, in
order that other Senators who may de-
sire to do so may join as sponsors.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the bill
will lie on the desk until the close of
business Tuesday, January 10.

The bill (8.3) to establish rule* of
Interpretation governing questions of the
effect of acts of Con«rress on State laws,
introduced by Mr. McClb-lam for him-
self and other Senators), was received,
read twice by its title, and referred to
the Committee on the Judiciary.

Mr. BLAKLET subsequently said: Mr.
President, earlier today the distinguiabed
senior Senator from Arkansas [Mr. Mc-
Clkllan] introduced a bill. 8. 3. to pro-
vide rules to guide courts in their coa-
struction of existing statutes and future
enactments. I am indeed proud to join
as a cosponsor of this measure, which
is p(H>ularly known as the anti-preemp-
tion bilL

In recent years we have seen a disturb-
ing extension of the Federal preemption
doctrine to many areas of concurrent
Federal-State Jurisdiction, and as a re-
sult many worthwhile and constructive
State laws have been nullified and voided.
As a lawyer I have long seen the need
for the establishment of clear and con-
cise gtiide rules for interpreting the ef-
fect of acts of Congress on State laws.
I. therefore, wish to associate myself with
the remarks of the Senator from Arkan-
sas, and I hope that the Senate Judiciary
Committee will give the measure early
and favorable consideration.

THE PADRE ISLAND NATIONAL SEA-
SHORE RECREATION AREA; IN-
TRODUCnCW OF BlUi FOR ITS
CREATION

Mr. YARBOROUOH, Mr. President, I
introduce, for appropriate reference, a
bill providing for the establishment of
a National Seashore Recreation Area on
Padre Island. Tez.

1961

CONGRESSIONAL RECX)RD — SEN ATB

159

To begin with, it might clarify matters
to trace the recent history of this pro-
posal. First In the 85th Congress. 1958,
and again in the 86th Congress in Jan-
uary 1959, I introduced bills providing
for the establishment of Padre Island
National Seashore Recreation Area.
Thousands of Texans and others across
the Nation have endorsed and Are sup-
porting this project.

This bill provides for public preserva-
tion of an 88-mile section of Padre Island
in accordance with the recommendation
of the field investigators of the National
Park Service contained in a report of
February 1959. Adoption of the bill
would mean that the substantial portion
of America's longest, southernmost nat-
ural beach would be preserved for public
recreation.

In December 1959. the Subcommittee
on Public Lands of the Senate Interior
and Insular Affairs Committee headed by
the Senator fr(Hn Utah [Mr. Moss]
held public hearings in Corpus Christi.
Tex., on this proposed project. Some
50 witnesses testified for the Padre Is-
land National Seashore project and less
than half a dozen opposed the project.

This led National Parks Director Con-
rad Wirth to comment that it was the
most overwhelmingly favorable endorse-
ment of such a park project that he had
ever seen.

A few of the organizations. National,
State and local, which have passed reso-
lutions endorsing the project include:
Advisory Board on National Parks. His-
toric Sites. Buildings, and Monuments;
Izaak Walton League of America; Gulf
Coast Council, Boy Scouts of America;
National Parks Association; National
Council of State Garden Clubs; Texas
Ornithologist Society; Southwestern As-
sociation of Naturalists; American GI
Forum of United States; Texas Conser-
vation Council ; National Audubon Soci-
ety: National Conference on State
Parks; and American Planning k Civic
Association.

The National Parks Advisory Board
has unanimously approved the project.

This Nation now has only one national
seashore area, which is Cape Hatteras,
N.C., and the opportunity for acquiring
others is fast disappearing.

Mr. President, imder the leadership of
Franklin Delano Roosevelt in the 1930's
a survey of the possibilities for creating
these national seashore recreation areas
was conducted, and the survey showed
that there were 14 such areas which
should be established. Mr. President,
that was not done. Eleven of those sireas
have already been developed, either in-
dustrially or for private residences, and
they are no longer available. The areas
which might be acquired for national
seashore recreation are now very limited.

Mr. President, in addition to the fact
that the National Parks Advisory Board
has unanimously approved the project,
the Texas Legislature in 1959 passed en-
abling legislation for establishment of
Padre Island National Seashore Recrea-
tion Area, and late last year the joint
open beaches study committee of both
houses of the Texas Legislature voted
unanimously in favor of an 88-mile
Padre Island Seashore Park.

Secretary of Interior Fred Seaton and
Secretary of Interior designate Stewart
Udall have voiced strong support for the
project. Secretary Seaton proposed an
allocation of $8.1 million for land acqui-
sition, development and operations over
a 5 -year period.

The acquisition of this land and estab-
lishment of a Padre Island Seashore
Recreation Park will cost much less now,
and the people of America will realize
much more for their money, than they
will later. A decade or so ago this same
land, and more, could have been acquired
for perhaps $1 or $2 miUion. That day
Is gone, and so is much of this choice
warm gulf coast beach. If we delay
ftu^her. the people of this Nation will
pay more tax money for less beach area.
Waiting will mean false economy and
lost opportunity.

With the national population explo-
sion, with tens of millons or more Amer-
icans wit.i more leisure hours wisely
turning to outdoor recreation, we must
look beyond our legislative noses. We
must act today if our grandchildren and
theirs are to have much of the great
outdoors which was oiu" inheritance, and
which should be theirs.

Along the 3.700 miles of the Atlantic
and gulf coast, only 265 miles have been
set aside for public beaches and parks.
If this trend continues, if we turn our
heads or bow to private exploitation, we
will contribute to building only a land of
great cities, where highways simply lead
from one asphalt-paved, man-made
canyon to another, and where Americans
are fenced away from the sea.

If we allow this to happen, we will
permit many Americans to lose a vital
part of the heritage of a great land and
of a great people.

In urging the establishment of Padre
Island National Sesishore, in urging con-
sideration and action on many paik and
natural resource projects in America. I
am not speaking for the new frontier.
Instead, I plead for what many conser-
vationists, many Americans, consider and
what really is. geographically, the last
frontier.

Unless we act now. it will be the lost
frontier.

Mr. President, I ask unanimous consent
to have the bill providing for the estab-
lishment of Padre Island National Sea-
shore Recreation Area printed in the
body of the Record.

The PRESIDENT pro tempore. The
bill will be received and appropriately re-
ferred; and, without objection, the bill
will be printed in the Record at this
point.

The bill (S. 4) to provide for the estab-
lishment of the Padre Island National
Seashore, introduced by Mr. Yarborough,
was received, read twice by its title, re-
ferred to the Committee on Interior and
Instilar Affairs, and ordered to be printed
in the Record, as follows:

Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled. That In order to
save and preserve, for purposes of pubUc
recreation, benefit, and inspiration, a p<ar-
tlon of the diminishing seashore of the
United States that remains undeveloped, the
Secretary of the Interior Is hereby author-
ized to take appropriate action in the public

interest toward the establishment of the
national seashore set torth in section 2 of
this Act.

Sbc. 3. The area comprising the portion
of the land and waters of Padre Island situ-
ated in the coastal waters that is described
below is designated for establishment as the
"Padre Island National Seashore":

Beginning at a point one mile northerly
of North Bird Island on the easterly line
of the Intracoastal Waterway; thence due
east to a point on Padre Island one mile
west of the mean high water line of the
Oulf of Mexico; thence southwesterly p«Lral-
leling the said mean hi^ water line of the
Oulf of Mexico, a distance of about three
and five-tenths miles; thence due east to the
two-fathom line on the east side of Padre
Island as depicted on United States Coast
and Geodetic Survey chart numbered 1286;
thence along the said two-fathom line on
t^^ east side of Padre Island as depicted on
United States Coast and Geodetic Survey
charts numbered 1286, 1387, and 1288 for a
distance of approximately eighty-five miles;
thence westerly crossing Padre Island to the
easterly line of the Intracoastal Waterway
at a point ntMiiherly of Three Island; thence
northerly following the easterly line of the
Intracoastal Waterway as indicated by chan-
nel markers in the Laguna Madre to the
point of beginning.

Sec. S. (a) The Secretary of the Interior
(hereinafter referred to as the "Secretary")
is authorized to acquire by donation, pur-
chase with donated en- appropriated funds,
condemnation, transfer from any Federal
agency, exchange, or otherwise, the land,
waters, and other property, and improve-
ments thereon and any interest therein,
within the area described in section 2 of this
Act or which lies within the boundary of the
seashore as established under section 4 of
this Act (hereinafter referred to as "such
>Area") . Any property, or interest therein,
owned by the State of Texas or political sub-
division tbereoC may be acquired only with
the concurrence of such owner. Notwith-
standing any other provision of law, any
Federal property located within such area
may, with the concurrence of the agency
having custody thereof, be transferred with-
out consideration to the administrative
Jurisdiction of the Secretary fcH- use by him
in carrying out tbe provisions of tbls Act.

(b) The Secretary is authorized to pay
for any acquisitions which he makes by pur-
chase under this Act their fair market value,
as determined by the Secretary, who may in
his discretion base his determination on an
independent appraisal obtained by him.

(c) In exercising his authority to acquire
property by exchange, the Secretary may ac-
cept title to any non -Federal property lo-
cated within such area and convey to the
grantor of such property any federally owned
property under the Jurisdiction of the Sec-
retary within such area. The properties so
exchatLged shall be approximately equal in
fair market value, provided that the Secre-
tary may accept cash from or pay cash to the
grantor in such an exchange In order to
equalize the values of the properties ex-
changed.

Sec. 4. (a) As soon as practicable after the
date of enactment of this Act and following
the acquisition by the Secretary of an acre-
age in the area described in section 2 of this
Act, that is in the opinion of the Secretary
efttciently administrable to carry out the
purposes of this Act, the Secretary shall
establish the area as a national seashore by
the publication of notice thereof In the
Federal Register.

(b) Such notice referred to in subsection
(a) of this section shall contain a detaUed
description of the boundaries of the seashore
which shall encompass an area as nearly as
practicable identical to the area described in
section 2 of this Act. The Secretary shaU
forthwith after the date of publication oi

■M

i

ll

ft

160

lucb notice In the PMlena Begisto- (1) eend
a copy of tuch notice, together with »m»p
showing such boundaries, by reglaterfd or
certified mall to the aovernOT of the SUto or
TexM and to the governing body of each of
the poUtlcal subdlvUlona Involved; (2) cauae
a copy of Buch notice and map to *>•?"'>-
llahed In one or more newspapers which
circulate In each of the localities: and (8)
cause a certified copy of such notice, a copy
of such map. and a copy of thU Act to be
recorded at the regUtry of deeds for the
ooimty involved.

8ae. 6. (a) Any owner or owners (here-
inafter in this subsection referred to as
"owner") at Improved property on the date
of Its acquisition by the Secretary may. as a
eondltlon to such acquisition, retain the
right of use and occupancy of his property
for noncommercial residential pvirposes for
a term not to exceed twenty-five years, or for
a term ending at the death of such owner,
the death of his spouse, or the day his last
surviving chUd reaches the age of twenty-
one, whichever U the latest. The owner shall
elect the term to be reserved. In any case
where such an owner retains a right of use
and occupancy as herein provided, such right
may during Its existence be conveyed or
leased. In whole, but not In part. The Sec-
retary shall pay to the owner the fair market
value of the property on the date of such
acquisition lees the fair market valvie on
such date of the right retained by the owner,
(b) As used In this Act, the term "Im-
proved property" shaU mean a private non-
oommerclal dwelling. Including the land on
which It Is situated, whose construction was
begun before September 1. 1959, and struc-
tures acceseory thereto (hereinafter In this
subsection referred to as "dwelling"), to-
gether with such amount and locus of tha
property adjoining and In the same owner-
ship as such dweUlng as the Secretary desig-
nate* to be reasonably necessary for the en-
joyment of such dwelling for the sole pur-
pose of noncommercial residential use and
occupancy. In making such designation the
Secretary shall take into account the manner
of noncommercial residential use and oc-
cupancy In which the dwelling and such ad-
joining property has lunially been enjoyed by
its owner or occupant. The amount of such
adjoining property to be so designated by
the Secretary shall In no case be less than
three acres in area, or all of such lesser
amount as there may be, except that the
Secretary may exclude from the amount of
adjoining property so designated any beach
or waters, together with so much of the land
adjoining such beach or waters as the Secre-
tary may deem necessary for public access
thereto.

(c) When acquiring land, waters, or inter-
Mts therein for the Padre Island National
Seashore, the Secretary may permit a res-
ervation by the grantor of an or any part
of the minerals In such land or waters, with
the right of occupation and use of so much
of Uie surface of the land or waters as may
be required for all purposes reasonably In-
cident to the mining or removal of the min-
erals, under such regtilatlons as may be pre-
scribed by the Secretary.

Sac. 6. Sxeept as otherwise provided In
thia Act, the property acquired by the Secre-
tary under this Act shaU be administered by
the Secretary, subject to the provisions of
the Act entitled "An Act to establish a Na-
tional Park Service, and for other pvuposes",
approved August 35, 1916 (39 Stat. 636); aa
amended and supplemented, and In accord-
ance with other laws of general application
relating to the national park system as de-
nned by the Act of Auguist 8, 1953 (67 Stat
4M): eaw^^ that authority otherwise avail-
able to the Secretary for the conservation
and management ot natural resources may
be utilised to the extent he finds such au-
thority will further tha purposes of this Act.

CONGRESSIONAL RECORD — SENATE

Jarmary 5

tj
$1

1961

CONGRESSIONAL RECORD — SENATE

161'

I

Brno. 7. There are authorised to be appro-
priated such sunoa as may be necessary to
carry out the provisions of this Act; except
that no more than ♦4,000,000 shaU be ap-
propriated for the acquisition of land and
waters and improvements thereon, and inter-
ests therein, and Incidental costs relating
thereto. In accordance with the provisions of
this Act.

Sac 8. If any provision of this Act or the
application of such provision to any person
or clrciunstance Is held Invalid, the re-
mainder of this Act or the application of
such provision to persons or circumstances
other than those to which It U held Invalid,
shall not be affected thereby.

AREA REDEVELOPMENT ACT

Mr SCOTT. Mr. President, since
coming to the Senate. I have vigorously
supported programs for redevelopment,
rehabilitation, and relief in depressed
areas of our country. The first bill I in-
troduced upon coming to the Senate in
1959 was for this purpose, and I sup-
ported earlier legislation in the House.

S. 268. which I introduced in the 86th
Congress, was very similar to the area
redevelopment bill finally approved by
the House and the Senate. This has en-
couraged me to believe the same result
might be forthcoming In the 87th Con-
gress.

Mr. President, I was concerned when
recent press reports indicated that the
task force, appointed by President-elect
Kennedy and headed by the senior Sen-
ator from Illinois, might be expected to
concentrate its efforts in West Virginia.
On December 8, the senior Senator
from Kentucky and five Republican
members of the Pennsylvania delegation
tn the House, Joined me in sending a
telegram to the distinguished chairman
of the task force, expressing the hope
that other distressed areas will not be
forgotten.

WASHiiraTow. D.C. Deceml>er 8, 1980. — The
foUowlng Is the text of a telegram to Sen-
ator Pattl H. Dooolas, chairman of a special
group to consider problems of distressed
areas, signed by Senators Hugh Scott. Re-
publican, of Pennsylvania; JoBW Skibmaw
CoopiR, Republican, of Kentucky: Congress-
men Ivoa D. PnrroK. Republican, of Pennsyl-
vania; James E. Van Zandt. Republican, of
Pennsylvania; John P. SATLoa. Republican,
of Pennsylvania; Abcb A. Uooax. Jr., Re-
publican, of West Virginia; and Ck>ngrees-
man-elect Wnxiuf W. ScaairroN. Republican,
of Pennsylvania:

"We have read with a great deal of in-
terest of your appointment as chairman of
a special group to consider problems of dis-
tressed areas. We who have worked for many
years for aid to our chronic areas of un-
employment in Pennsylvania, Kentucky, and
elsewhere, are pleased to know that Presi-
dent-elect Kennedy considers this problem
to be urgent enough to become one of hla
first orders of buaineas.

"As you know, along with others vitally
interested In this type of legislation, we have
felt for some time that we should not use a
pork barrel approach, but rather aim such
legislation to correct those longstanding
areas of chronic distress such as exist In the
coal regions of Pennsylvania and Kentucky.
Certainly West Virginia is greatly in need erf
an effective program of assistance. However,
there are also a number ot chronically de-
pressed areas in Pennsylvania, Kentucky,
Dilnola, and elsewhere. The character of as-
sistance needed in one State may differ In
soma leapecta from that needed in another.

"Pleaee ba aasurad of our deaira to co-
operate with you and your committee in any
way possible In order to secure paaaage of
workable and effective legislation to provide
aaalstance to longatandlnf chronically de-
pressed areas. May we assume that such co-
operation wUl be welcomad In the future aa
In the past?"

I was glad to be reassured that the
task force would develop plans to In-
clude Pennsylvania, Kentucky, and other
States having depressed areas. I have
worked earnestly with my colleagues
from West Virginia, and know they
would want Pennsylvania and Kentucky
to share in any remedial programs
developed.

The distinguished senior Senator from
Illinois was good enough to furnish me
with a draft of his proposed area rede-
velopment blU. While not an of the
figures were filled In on the committee
print. I could estimate the total cost
would be in line with bills he has pre-
viously offered.

Not only on this point, but upon other
and perhaps more ftmdamental Issues,
I differ with my friend from Illinois.

I recommend that area redevelopment
programs be financed out of appropri-
ated funds, and not by back-door Treas-
ury financing.

I recommend that Commerce Is the
logical Department to have the major
responsibility for coordinating this pro-
gram. Time will be saved in staCRng.
and its organisation is geared to deal
with problems of business and Industry.
I recommend a maximum Federal loan
participation of 50 percent, with the
State, local government, and private
sources sharing the matching 60 percent.
I recommend a revolving loan fund of
$200 million— $100 million for industrial
loans. $50 million for rural redevelop-
ment, and $50 million for public-facility
loans. This will provide a substantial
basic program to stimulate local and
community efforts.

Mr. President. I introduce for appro-
priate reference a bill, similar to the one
I introduced in January 1959. Two re-
visions and one addition have been made

In my new prt^posaL

First. A more workable unemployment
criteria has be«i adopted. It is the same
criteria approved by the Senate in 1969.
and used in the administration's compro-
mise bill of last August. It has the effect
of concentrating indxistrlal loans in areas
of serious and long-term unemployment.
Second. Ten million dollars has been
added for retraining subsistence. In
the hard -hit areas of Pennsylranla,
workers have been stranded due to tech-
nological changes, shifts In demand, and
migrations of Industry. With unem-
ployment benefits exhausted, vocational
training or retraining is beyond reach.
Retraining subsistence will provide a new
incentive.

Third. With an Increase of from 18 J
tu $4 million for technical assistance, my
bill now calls for a total of $214 mllUan.
I ask unanimous consent. Mr. Presi'
dent, to have Inserted as part of my re-
marks, a more complete analysis and the
text of the area redevelopment bill I hare
introduced.

The PRESIDENT pro tempore. The
bill wiU be received and upprapriaUif

referred; and. without objection, the bill
and analysis will be printed in the Rbc-

ORO.

The biU (8. 6) to establish an effective
program to alleviate conditions of sub-
stantial and persistent unemployment
and underemplo3rment In certain eco-
nomically depressed areas, introduced
by Mr. Scott, was received, read twice
by its title, referred to the Committee
on Banking and Currency, and ordered
to be printed in the RicotD, as follows:

Be it enacted by the Senate and Houae
of Repretentativet of the United States of
America in Congreaa asaemhled. That this
Act tw cited as the "Area Redevelopment
Act".

sccuuuTXOir or puaroas

Sac. a. The Congress declares that tha
maintenance of the national economy at a
high level is vital to the best Interests of the
United States, but that some of our com-
munities are suffering substantial and per-
alatent unemploynvent which causes hard-
ship to many Individuals and their famlUaa
and detracts from the national welfare by
wasting vital human reeources; that to over-
come this problem the Federal Government
in oooperation with the States, should help
areas of substantial and persistent unem-
ployment to take effective steps in planning
and financing their economic development;
that Federal assistance should enable com-
munities to achieve lasting Improvement and
enhance the domestic prosperity by the es-
tablishment of stable and diversified local
economlea; and that new employment op-
portunltlea should be created rather than
merely transferred from one community to
another.

ASBA aCOKOKIC BB^VKLOnCKMT
AOMINXaTaATION

Sac. 8. To assist areas In the United States
designated hereinafter as redevelopment
araaa, the Secretary of Coounerce is author-
iasd to take such acti<m as may be neoes-
aary to carry out the provisions of this Act.
To assist the Secretary of Ooouneroe (here-
inafter referred to as the "Secretary") . there
la hereby established within the Department
of Commerce an Area Economic Redevelop-
ment Administration which shall be headed
by an Administrator who shall be appointed
by tiia Secretary and who shall receive com-
pensatlon at a rate equal to that received
by Aaalstant Secretaries of C<Mnmeroe. Tbm
Adminlatratar shall perform such duties tn
tha execution of this Act as the Secretary
may assign.

umacmrt aoAss

Sac. 4. (a) To advise the Secretary In the
performance of functions authorlaed by this
Act, there Is authorlaed to be created an Area
Kconomle Redevelopment Advisory Board
(hereinafter referred to as the "Board." which
ahall consist of the following members, all
ex officio : The Secretary, as Chairman; the
Secretaries of Agriculture; Health, Educa-
tion, and Welfare; Labor; and Treasury; the
Administrators of the Bousing and Home
Finance Agency and of the Small Business
Administration. The Chairman may from
time to time Invite the participation of ofll-
clals ot other agencies of the executive
branch interested In the functions herein
authorlaed. Each member of the Board may
designate an officer of his agency to act for
him aa a member of the Board with I'eapect
to any matter there considered.

(b) The Secretary shall appoint a National
Public Advisory Committee on Area Rede-
velopment which shall consist of twenty-flv«
members and which shall be composed of
representatives of labor, management, agri-
culture, and the public In general. Trcan
the members appointed to such Committee
the Secretary Ehall designate a Chairman.
Such C(»unltte«. or any duly established

cvn-

-11

subcommittee thereof, shaU from time to
time make recommendations to the Secretary
relaUva to the carrying out of his duties
under this Act. Such Committee shall hold
not less than two meetings during each cal-
endar year.

(c) The Secretary Is authorized from time
to time to call together and confer with
representatives of the various parties in
Interest from any Industry In which employ-
ment has dropped substantially over an ex-
tended period of years and which in conse-
qiience has been a primary source of high
levels of vmemployment in several areas
designated by the Secretary as redevelopment
areas. Conferences convened under author-
ity of this subsection shall consider with and
recommend to the Secretary plans and pro-
grams with special rei'erence to any such
industry to carry out the pxirposes of this
Act.

BSDXVn/JPKZMT AXXAS

Sac. 5. (a) The Secretary ahall designate
as "Industrial redevelopment areas" those
Industrial areaii within the United States In
which he determines that there has existed
substantial and persistent unemployment
for an extended period of time. There shall
be included among the areas so designated
any Industrial area —

(1) where the rate of unemployment, ex-
cluding unemployment due piimarlly to
temporary or seasonal factors. Is currenUy
6 i>er centiun or more and has averaged at
least 6 per centtuu for the qxutJifylng time
periods specified In (2) below; iind

(2) where the annual average rata of im-
employment lias been at least —

(A) 60 per centiun above tiie national
average for three of the preceding four cal-
endar years, or

(B) 75 per oentimi above the national
average for two of the preceding three cal-
endar years, or

(C) 100 par centum above the national
average for one ot Uta preceding two calen-
dar years.

(b) The Secretary snail also designate aa
"ruiml radevelopment areas" liioee rural
areas within the United Stateii in which
he determlnea that there exist the largest
niunber and percentage of low-income fami-
lies, and a condition of substantial and
persistent unemployment or underemploy-
ment. In wna^r^g the designations under
this subsection, the Secretary shnil consider,
among other relevant factors, .the number
of low-lnc(Hne farm families In' the various
rural areas of the United States, the pro-
portion that such low -Income families are
to the total farm families of each of such
areas, the relationship of the Income levels
of the families In each such area to the
general levels of income in the United
States, the ciirrent and prospective employ-
ment opportunities in each such area, and
the availability of manpower in each such
area for supplemental employment.

(c) In tp»iriT>g the determinations pro-
vided for in this section, the Secretary shaU
be guided, but not conclusively governed,
by pertinent studies made, and Information
and data collected or compiled, by (1) de-
partments, agencies, and Instrumentalities
of the Federal Oovenunent, (2) State and
local governments, (8) luilversltles and land-
grant oollegee, and (4) {Hlvate organlzatlona.

(d) Upon the request of the Secretary, the
Secretary of Labor, the Secretary of Agricul-
ture, and the Director of the Bureau of the
Census are respectively authorized to con-
duct such special studies, obtain such infor-
mation and compUe and furnish to the Sec-
retary su<^ data as the Secretary may deem
necessary or proper to enable him to make
the determinations provided for in this sec-
tion. The Secretary shall reimburse, out of
any funds appropriated to carry out the pur-
poses of this Act, the foregoing officers for
any expenditures Incurred by them under
this section.

(e> As used In this Act. the tenn "redevel-
opment area" refws to any area within tha
United States which has been designated by
the Secretary as an Industa-lal redevelopment
area or a rural redevelopment area, and may
Include one or nK>re counties, or one or mora
municipalities, or a part ot a county or
municipality.

XOANS AMD PAXnCIPATIOIV

Sec. 6. (a) The Secretary Is authorized to
piirchase evidences of Indebtedness and to
make loans (Including Immediate participa-
tions therein) to aid In financing any proj-
ect for the purchase or development of land
and facilities for Industrial usage, for the
construction of new factory buUdlngs, for
rehabilitation of abandoned or unoccupied
factory buildings, or for the alteration, con-
version, or enlargement of any existing
buildings for Industrial yiae. Such finazidal
assistance shall not be extended for working
capital, for purchases of machinery or equip-
ment, or to assist establishments relocating
from one area to another when such assist-
ance wlU result In substantial detriment to
the area of original location by Increasing
unemploymec t.

(b) Financial assistance under tills section
shall be on such terms and conditions as the
Secretary determines. B\ib}ect, however, to
the following restrictions and limitations:

(1) The total amount of loans and loan
participations (Including purchased evi-
dences of Indebtedness) outstanding at any
one time under this section (A) with respect
to projects In Industrial redevelopment araaa
ShaU not exceed •100.000.000. and (B) with
respect to projects in rural redevelopment
areas shall not exceed $50,000,000;

(2) Such assistance shall b: extended onl /
to applicants, both private and public, ap •
proved by the State (or any agency or instru-
mentality thereof concerned with problema
of economic development) In which the proj-
ect to be financed shall be located;

(3) No such assistance shall be extended
hereunder unless the financial assistance ap-
plied for Is not otherwise avaUable from pri-
vate lenders or other Fsderal agencies on
reasonable terms;

(4) No loan shaU be made imleas it is de-
termined that an tmmartlaf partie^wtloo is
not available;

(6) No evidences at indebtedness shaU ba
purchased and no loans shall be made unless
It Is determined that there Is a raasonaUa
assurance of repayment;

(6) Subject to section 11(5) of this Act. no
loan. Including renewals or extension thareof
may be made hereunder for a period exceed-
ing thirty years and no evidences of indebt-
edness maturing more than thirty years from
date of purchase may be purchaaed here-
under: Provided, That the foregoing restric-
tions on maturities shall not apply to seciuri-
ties or obligations received by the Secretary
as a claimant In bankruptcy or equitable
reorganization or as a creditor In other pro-
ceedings attendant upon Insolvency of the
obligor, or if extension or renewal for addi-
tional periods, not to exceed, however, a total
of ten years, will aid In the orderly liquida-
tion of such loan or of such evidence at
Indebtedness;

(7) Such assistance shall not exceed 50 per
centum of the aggregate cost to the aiq;>U-
cant (excluding all other Federal aid in con-
nection with the undertaking) of acquiring
or developing land and facilities, and of con-
structing, altering, converting, rehabilitating,
or enlarging the building or buildings of the
particular project and shall, among others.
be on the following conditions:

(A) That other funds are avaUable in an
amount which, together with the assistance
provided heretmder. shaU be sufflcient to pay
such aggregate cost;

(B) That not leas than 10 per eentum of
such aggregate cost be suppUed by the State
or any agency. instrumentaUty. or political
subdivision thereof, or by a oommunlty or

I

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162

CONGRESSIONAL RECORD — SENATE

Janvxi'^ 5

1961

CONGRESSIONAL RECORD — SENATE

163

I

«». organmation. as equity capital or a« a
loan repayable only after the financial aa-
sUtance hereiinder haa been repaid In full
according to the tenna thereof and, If such
loan 13 secured. Its security shall be subordi-
nate and inferior to the Hen or liens securing
the financial assistance hereunder; and

(C) That In making any loan under this
section with respect to an Industrial rede-
velopment area, the Secretary shall require
that not less than 5 per centum of the aggre-
gate cost of the project for which such loan
Is made shall be supplied by nongovernmen-
tal Boiirces.

(8) No such assistance shall be extended
unless there shall be submitted and approved
by the Secretary an overall program for the
economic development of the area and a
finding by the State, or any agency. Instru-
mentality, or local political subdivision
thereof, that the project for which financial
assistance is sought is consistent with such
program: Provided. That nothing in this Act
shall authorize financial assistance for any
project prohibited by laws of the State or
local political subdivision In which the proj-
ect would be located.

(c) Of the funds authorl«ed to be appro-
priated under section 8 of this Act. not more
than HOO.000.000 shall be deposited in a re-
volving fund which shall be used for the pur-
pose of making loans under this section with
respect to projects in industrial redevelop-
ment areas, and not more than $60,000,000
■hall be deposited In a revolving fund which
shall be xised for the purpose of making
loans under this section with respect to
projects In rural redevelopment areas.
LOAKS roB PxreLic rAcitjnxs
8ac. 7. (a) Upon the application of any
State, or political subdivision thereof, or
private or public organization or association
representing any redevelopment area or part
thereof, the Secretary Is authorized to make
loans to assist in financing the p\irchase or
development of land for public facility usage,
ftnd the construction, rehabilitation, altera-
tion, expansion, or improvement of public
faculties within any redevelopment area, if
be finds that —

(1) the project for which financial assUt-
ance Is sought will provide more than a
temporary alleviation of unemployment or
underemployment In the redevelopment area
wherein such project Is, or will be, located,
and will tend to improve the opportunities
In such area for the successful establishment
or expansion of industrial or commercial
planU or facilities;

(3) the funds requested for such project
are not otherwise available on reasonable
terms;

(3) the amount of the loan plus the
amount of other available funds for such
projects are adequate to Insure the com->
pletlon thereof; and

(4) there Is a reasonable expectation of
repayment.

(b) No loan under this section shall be
for an amount in excess of 50 per centum of
the aggregate cost of the project for which
such loan is made. Subject to section 11
(5) , the maturity date of any such loan shall
be not later than thirty years after the
date such loan is made.

(c) In making any loan under this sec-
tion, the Secretary shall require that not
less than 10 per centum of the aggregate cost
of the project for which such loan is made
shall be supplied by the State (including any
political subdivision thereof) within which
such project is to be located as equity capi-
tal, or as a loan repayable only after the
financial assistance provided under this sec-
tion has been repaid in full, and, if such
loan is secured. Its security shall be subordi-
nate to the lien or liens securing the financial
assistance provided under this section. In
determining the amount of participation re-
quired under this subsection with respect
to any particular project, the Secretary shall

give consideration to the financial condition
of the State or local government, and to the
per capita income of the residents of the re-
development area, within which such project
is to be located.

(d) Of the funds authorized to be ap-
propriated under section 8 of this Act, not
more than $50,000,000 shall be deposited in a
revolving fund which shall be \wed for the
purpose of making loans under this section.

APPROPRIATION FOR LOANS

Sxc 8. There is hereby authorized to be
appropriated not to exceed $200,000,000 to
provide funds for loans under this Act.

INFORMATION

Sec. 9. The Secretary shall aid redevelop-
ment areas by furnishing to interested in-
dividuals, communities. Industries, and en-
terprises within such areas any assistance,
technical information, market research, or
Other forms of assistance, information, or
advice which are obtainable from the various
departments, agencies, and instrumentalities
of the Federal Government and which would
be useful in alleviating conditions of exces-
sive unemployment or underemployment
within such areas. The Secretary shall fur-
nish the procurement divisions of the vari-
ous departments, agencies, and other instru-
mentalities of the Federal Government with
a list containing the names and addresses of
business firms which are located In rede-
velopment areas and which are desirous of
obtaining Government contracts for the
furnishing of supplies or services, and desig-
nating the supplies and services such firms
are engaged In providing.

TBCHMICAL A8SISTANCB

Sec. 10. In carrying out his duties under
this Act, the Secretary is authorized to pro-
vide technical assistance to areas which he
has designated as redevelopment areas under
this Act. Such assistance shall include
studies evaluating the needs of, and devel-
opment potentialities for, economic growth
of such areas. Such assistance may be pro-
vided by the Secretary through members of
his staff or through the employment of
private Individuals, partnerships, firms cor-
porations, or suitable institutions, under
contracts entered Into for such purpose. Ap-
propriations are hereby authorized for the
purposes of this section In an amount not
to exceed $4,000,000 annually.

POWBtS OF BSCRXTAST

Sec. 11. In performing his duties under
this Act, the Secretary is authorized to—

(1) adopt, alter, and use a seal, which
shall be Judicially noticed; and subject to
the civil service and classification laws, se-
lect, employ, appoint, and fix the compen-
sation of such ofllcers, employees, attorneys,
and agents as shall be necessary to carry out
the provisions of this Act, and define their
authority and duties, provide bonds for them
in such amounts as the Secretary shall de-
termine, and pay the costs of qualification
of certain of them as notaries public;

(2) hold such hearings, sit and act at
such times and places, and take such testi-
mony, as he may deem advisable;

(3) request directly from any executive
department, bureau, agency, board, commls-.
sion, ofllce, independent establishment, or
Instrumentality information, suggestions,
estimates, and statistics needed to carry out
the purposes of this Act; and each depart-
ment, bureau, agency, board, commission, of-
fice, establishment, or instrumentality is
authorized to furnish such Information,
suggestions, estimates, and statistics directly
to the Secretary;

(4) imder regulations prescribed by him,
assign or sell at public or private sale, or
otherwise dispose of for cash or credit. In his
discretion and upon such terms and condi-
tions and for such consideration as he shall
determine to be reasonable, any evidence of
debt, contract, claim, personal property, or

security assigned to or held by him In eon-
nection with the payment of loans made
imder this Act. and collect or compromise
all obllgaUons assigned to or held by him in
connection with the payment of such loans
until such time as such obligations may be
referred to the Attorney General for suit or
collection;

(6) further extend the maturity of or re-
new any loan made under this Act, beyond
the periods stated in such loan or in this
Act, for additional periods not to exceed ten
years, if such extension or renewal will aid
in the orderly liquidation of such loan;

( 6 ) deal with, complete, renovate, improve,
modernize, insure, rent, or seU for cash or
credit, upon such terms and conditions and
for such consideration as he shall determine
to be reasonable, any real or personal prop-
erty conveyed to. or otherwise acquU-ed by.
him in connection with the payment of loans
made under this Act;

(7) pursue to final collection, by way of
compromise or other administrative action,
prior to reference to the Attorney General,
all claims against third parties assigned to
him in connection with loans made under
this Act. This shall Include authority to
obUin deficiency JudgmenU or otherwise as
in the case of mortgagee assigned to the
Secretary. Section 3709 of the Revised
Statutes, as amended (41 UB.C. 8) . shaU not
apply to any contract of hazard Insurance or
to any purchase or contract for services or
supplies on account of property obtained by
the Secretary as a result of loans made under
this Act if the premliun therefor or the
amount thereof does not exceed $1,000. The
power to convey and to execute in the name
of the Secretary deeds of conveyance, deed of
release, assignments and satisfactions of
mortgages, and any other written instrument
relating to real or personal property or any
Interest therein acquired by the Secretary
pursuant to the provisions of this Act may
be exercised by the Secretary or by any officer
or agent appointed by him for that purpose
without the execution of any express delega-
tion of power or power of attorney;

(8) acq\ilre. In any lawful manner, any
property (real, personal, or mixed, tangible
or intangible), whenever deemed necessary
or appropriate to the conduct of the activities
authorized In sections 6 and 7 of this Act;

(0) in addition to any powers, functions,
privileges, and inmiunltles otherwise vested
in him. take any and aU actions. Including
the procurement of the services of attwneys
by contract, determined by him to be nec-
essary or desirable In making, servicing,
compromising, modifying, liquidating, or
otherwise administratively dealing with or
realizing on loans made under this Act;

(10) to such an extent as he finds neces-
sary to carry out the provisions of this Act.
procure the temporary (not In excess of six
months) service of experts or consultants or
organizations thereof, including steno-
graphic reporting services, by contract or ap-
pointment, and in such cases such service
shall be without regard to the civil service
and classifications law, and, except In the
case of stenographic reporting services by
organizations, without regard to section 3700
of the RevUed Statutes (41 UjS.C. 5); any
Individual so employed may be compensated
at a rate not in excess of $75 per diem, and.
while such Individual Ls away from his haai*
or regular place of business, he may be
allowed transportation and not to exceed $18
per diem in lieu of subsistence and other ex-
penses; and

(11) establish such rules, regulations, and
procedures as he may deem appropriate In
carrying out the provisions of this Act.

TERMINATION OF ELICIBILrrT FO* rVBTUU
ASSISTANCE

Sec. 12. Whenever the Secretary shall de-
termine that employment conditions within
any area previously designated by him as a

redevelopment area have changed to such an
estant that rach area is no longer eligible for
sueb deatgnatlon under section 6 of this
Act, no further assistance shall be granted
tinder thU Act with re^Mct to such area and.
for the purposes of this Act. such area shall
not be considered a redevelopment area:
Provided, That nothing contained herein
yH^n (1) prerent any stich area from again
being designated a redev^opment area tmder
section 6 of tbU Act if the Secretary de-
termines it to be eligible under such section,
or (3) affect the validity of any contracts or
tmdertaklngs with respect to such area
which were entered Into pursuant to this
Act prior to a determination by tbe Secre-
tary that such area no longer qualifies as a
redevelopment area. The Secretary shall
keep the departments and agencies of the
Federal Government, and Interested State or
local agencies, advised at all times of any
changes made hereunder with respect to the
designation of any area.

PROCT7REMKNT BT OOVERNMENTAL AOZMCIXS

8ac. IS. Each department, agency, or other
instrumentality of the Federal Government
engaged In the procurement of any supplies
or services for use by or on behalf of the
United SUtes shall—

(1) use Its best efforts to award negotiated
procurement contracts to contractors located
within redevelopment areas to the extent
proeorement objeetlFes will permit;

(2) where deemed appropriate, set aside
portions of procurements for negotiation ex-
clusively with firms located In redevelopment
areas, if a substantial proportion of produc-
tion on such negotiated contracts wlU be
performed within redevelopment areas and
If such firms will contract for such portions
of the procurement at prices no higher than
those paid on the balance of such procure-
ments;

(3) where deemed appropriate and con-
~ilstimt with procurement objectives, after

the expiration of the period during which
bids for any procurement are permitted to
be submitted and If the lowest of such bids
was submitted by a firm' in an area other
than a redevelopment area, negotiate with
firms In redevelopment areas with a view to
ascertaining whether any such firm will fur-
nish the services or supplies with respect to
which bids were theretofore submitted for
an amoiuxt equal to. or leas than, the ankount
of the lowest bid theretofore submitted for
the furnishing of such services or supplies,
and if such firm can be found, award the
contract for ttie furnishing of such serrices
or supplies to stieh firm;

(4) assure that firms in redevelopment
ana* which are on i4>proprlate bidders' lists
will be given the opportunity to submit bids
or proposals on all procurements for which
tiiey are qttailfled and on which small busl-
AMS Joint determinations have not been
made, but whenever the number of firms on
a bidders' list is exclusive, there shall be in-
doded a representative number of firms from
redevelopment areas;

(5) In the event of tie bids on offers on
any procurement, award the contract to the
flim located in a redevelopment area, other
things being equal;

(6) encourage prime eontraetors to award
subcontracts to firms In redevelopment
areas: and

(7) cooperate with other departments,
agencies, and Instrumentalities of the Fed-
eral Government in achieving the objectives
set out in this subsection.

imaav xanwAX.
Sec. 14. Title Z of the Housing Act at IM9.
as amended. Is amended by adding at the
end thereof the following new section:

"ZHSUSTBIAL BXSXVXLOPKXNT ABXSa TTNOXB THE
AREA ECONOMIC REDEVEXX>PMENT ACT

"S»c 113. (a) Whenever the Secretary at
Oomxnerce certlflea to the Housing and Home

Finance Administrator (1) that any county,
city, ot other m\inlclpallty (In this section
referred to as a 'municipality') is situated
in an area designated under section 6(a) of
the Area Redevelopment Act as an Industrial
redevelopment area, and (3) that there Is a
reasonable probability that with assistance
provided under stich Act and other under-
takings the area will be able to achieve more
than temporary Improvement In Its economic
development, the Housing and Home Finance
Adnalnistrator is authorized to provide fi-
nancial assistance to a local pubUc agency
in any such municipality under this title
and the provisions of this section.

"(b) The Housing and Home Finance Ad-
minlEtrator may provide such financial as-
sistance under this section without regard
to the requirements or limitations of section
110(c) that the project area be clearly pre-
dominantly residential In character or that
It be redeveloped for predominantly residen-
tial uses; but no such assistance shall be
provided in any area if such Administrator
determines that it will assist in relocating
business operations from one area to an-
other when such assistance will result in
substantial detriment to the area of original
location by increasing unemployment.

"(c) Financial assistance under this sec-
tion may be provided for any project involv-
ing a project area including primarily in-
dustrial or ccHnmercial structure suitable for
rehabilitation under the urban renewal plan
for the area.

"(d) Notwithstanding any other provision
of this title, a contract for financial assist-
ance under this section may Include pro-
visions permitting the disposition of any
land in the project area designated under the
tu'ban renewal plan for Industrial or com-
mercial uses to any public agency or non-
profit corporation for subsequent disposition
as promptly as practicable by such public
agency or corporation for the redevelopment
of the land In accordance with the urban
renewal plan: Provided, That any disposition
of such land under this section shall be
made at not less than Its fair value tor uses
in accordance with the urban renewal plan:
And provided further. That the pxirchasers
from or lessees of such public agency or cor-
poration, and their assignees, shall be re-
quired to assume the obligations Imposed
under section 105(b) .

"(e) Following the execution of any con-
tract for financial assistance under this sec-
tion with respect to any project, the Hous-
ing and Home Finance Administrator may
exercise the authority vested In him under
this section for the completion of such
project, notwithstanding any determination
made after the execution of such contract
that the area in which the project Is located
may no longer be an Industrial redevelop-
ment area iinder the Area Redevelopment
Act.

"(f) Not more than 10 per centum of the
funds authorized for loans under section 102
or fen' capital grants under section 103 shall
be avallaMe to provide financial assistance
under this section."

URBAN PLANNING GRANTS

Snc. 18. Paragraph (8) of section 701(a)
of the Housing Act of 1954 is amended by
Inserting after "counties which" the follow-
ing "(A) are situated in areas designated
by the Secretary of Commerce under section
6(a) of the Area Redevelopment Act as in-
dustrial redevelopment aretw, or (B)**.

Sk:. 18. (a) The Secretary of Labor, in con-
RXiltation with the Secretary of Commerce,
shall determine the vocational training or
retraining needs of unemployed individuals
residing in redevelopment areas and shall
cooperate with the Secretary of Health, Mu-
catlon. and Welfare and with existing State
and local agencies and officials in charge of
existing programs relating to vocational
training and retraining for the purpose o<

assuring that the facilities and services of
such agencies are made fully available to
such individuals.

(b) Whenever the Secretary of Lalxv finds
that additional facilities or services are need-
ed in the area to meet the vocational train-
ing or retraining needs of such individuals.
he Ehall so advise the Secretary of Health.
Education, and Welfare. The Secretary of
Health. Education, and Welfare, through the
Commissioner of Education, shall provide
assistance, including finaiKslal assistance
when necess-u^r. to the appropriate State
vocational educational agency in the {m-ovI-
slon of such additional facilities or services.
If the Secretary of Healtb, Education, and
Welfare finds that the State vocational edu-
cational agency is unable to provide the fa-
cilities and services needed, he msy, after
consiUtatlon with sucb agency, provide for
the same by agreement or contract with
public or private educational institutions:
Provided, lliat the Secretary of Labor shall
arrange to provide any necessary technical
assistance fen- setting up apprenticeship.
Journeyman, and other jc4> training needed
In the locality.

RXTRAININC STTBSXSTKNCX PATMEWTS

Sec. 17. (a) The Secretary of Labor in
consultation with the Secretary of Com-
merce shall, on behalf of the United States,
enter into agreements with States in which
redevelopment areas are located, under which
the Secretary of Labor shaU make pajrments
to such States for the pxuTx>8e of enabling
such States, as agents of the United States,
to make weekly retraining payments to un-
employed individuals residing within such
redevelopment areas who are not entitled to
unemployment compensation (either because
their unemployment compensation benefits
have been exhausted or because they were
not Insured for such compensation) and
who have been certified by the Secretary of
Labor to be xindergoing vocational training
or retraining under section 16 of this Act.
Such payments shaU be made only during
the period the individual is receiving voca-
tional training or retraining imder section 16
of this Act, but not in any event to exceed
sixteen weeks, and the amounts of such pay-
ments shall be equal to the amount of the
average weekly unemployment compensation
payment payable In the State making such
payments.

(b) The Secretary of Labor and the Sec-
retary of Commerce shall joinUy praserlbe
such rules and regulations as they may deem
necessary to carry out the provisions of this
section.

(c) There are hereby authorized to be ap-
proiH-lated such stuns, not In ezcees of $10.-
000,000. as may be necessary to carry out
the provisions of this section.

PaRMAlUNO RATE OF WAGE AND rUflli I -HOUR

Sec. 18. The Secretary shall take such ac-
tion as may be necessary to Insure that all
laborers and mechanics employed uy con-
tractors or subcontractors on projects under-
taken by public applicants assisted iinder
this Act (1) shall be paid wages at rates no
less than those prevailing on the same type
of work on similar construction in the Im-
mediate locality as determined by the Sec-
retary of Labor In accordance with the Act
of Augxist 30, 1935 (Davis-Bacon Act), and
(3) shall be employed not more than forty
hours in any one week unless the employee
receives wages for his employment In ex-
cess of the hours specified above at a rate
not lees than one and one-half times the
regular rate at which he Is employed.

Sec. 19. (a) Whoever makes any statement
knowing It to be false, or whoever willfully
overvalues any security, for the purpose of
obtaining for himself or for any applicant
any loan, or eartensloii thereof by wnewal,

II

[

164

deferment of action, or otherwise, or ^^f JJ^"
ceptance, release, or substitution of »ecurlty
Sreof. or for the purpose of mnuenclng In
iSy way the action of the BecrBt^,oTioT
the purpose of obtaining money Property, ot
anything of value, under this title. shaU be
JSnished by a fine of not more tban $10,000
or by ImprlBonment for not more than five
years, or both.

(b) Whoever, being connected In any ca-
oacltv with the Secretary (1) embezzles, ab-
iteacts. purloins, or willfully mlsappUea any
moneys, funds, securities, or other thlnpj of
value, whether belonging to him or pledged
or otherwise entrusted to him. or (2) with
intent to defraud the Secretary o' a°y o*^"*"
body politic or corporate, or any Individual,
or to deceive any officer, auditor, or examiner
of the Secretary makes any false entry in
any book, report, or statement of or to the
Secreury. or without being duly authorized,
draws any order or issues, puts forth, or
assigns any note, debenture, bond, or other
obligation, or draft, bill of exchange, mort-
gage Judgment, or decree thereof, or (3)
with' Intent to defraud participates, shares,
receives direcUy or indirectly any money,
profit, property, or benefit through any
transaction, loan, commission, contract, or
any other act of the Secretary, or (4) gives
any \inauthorlzed information concerning
any future action or plan of the Secretary
which might affect the value of securities,
or having such knowledge, invests or specu-
lates. direcUy or indirectly, in the securities
or property of any company or corporation
receiving loans or other assistance from the
Secretary shall be punished by a fine of not
more than •10,000 or by imprisonment for
not more than five years, or both.

EMFLOTMKNT OF IXPEDrTBM AND ADMINISTKA-
TIVI XMPLOTirS

Sxc. 20. No loan shall be made by the Sec-
retary under this Act to any business enter-
prise uiUesB the owners, partners, or officers
of such business enterprise (1) certify to the
Secretary the names of any attorneys, agents,
or other persons engaged by or on behalf of
such business enterprise for the purpose of
expediting applications made to the Secre-
tary for assistance of any sort, and the fees
paid or to be paid to any such person; and
(2) execute an agreement binding any such
business enterprise for a period of two years
after any assistance is rendered by the Sec-
retary to such business enterprise, to re-
frain from employing, tendering any office
or employment to. or retaining for profes-
sional services, any person who, on the date
such assistance or any part thereof was ren-
dered, or within one year prior thereto, shall
have served as an officer, attorney, agent, or
employee of the Secretary occupying a posi-
tion or engaging in activities with which the
Secretary shall have determined involve dis-
cretion with respect to the granting of as-
sistance under this Act.

AinrUAL REPORT

Bec. 21. The Secretary shall make a com-
prehensive and detailed annual rep>ort to the
Congress of his operations under this Act for
each fiscal year beginning with the fiscal
year ending June 30. 1962. Such report shall
be printed, and shall be transmitted to the
Congress not later than January 3. of the
year following the fiscal year with respect to
which such report is made. Such report
shall show, among other things (1) the
number and size of Government contracts
for the furnishing of supplies and services
placed with business firms located In re-
development areas, and (2) the amount and
duration of employment resulting from such
contracts. Upon the request of the Secre-
tary, the various departments and agencies
of the Government engaged in the procure-
ment of supplies and services shall furnish
to the Secretary such Information as may be
necessary for the purposes of this section.

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

166

APPROPUATIOM

Sxc 22. In addition to appropriations
hereinbefore specifically authorized, there
are further authorized to be appropriated
such sums as may be necessary to carry out
the provisions and purposes of this Act.

USK or OTHXB FACILinxS

S«c. 23. (a) To avoid duplication of activi-
ties and minimize expense in carrying out
the provisions of this Act. the Secretary
shall, to the extent practicable and with
their consent, use the available services and
facilities of other agencies and instrumen-
talities of the Federal Government on a re-
imbursable basis.

(b) Departments and agencies of the Fed-
eral Government shall exercise their powers,
duties, and functions In such manner as will
assist in carrying out the objectives of this
Act. This Act shall be supplemental to any
existing authority, and nothing herein shall
be deemed to be restrictive of any exUtlng
powers, duties, and functions of any other
department or agency of the Federal Govern-
ment.

KECORDS AND AUDITS

Sec. 24. (a) Each recipient of assistance
under section 6 or 7 of this Act shall keep
such records as the Secretary shall prescribe.
Including records which fully disclose the
amount and the disposition by such recipi-
ent of the proceeds of such assistance, the
total cost of the project or undertaking in
connection with which such assistance Is
given or xised. and the amount and nature
of that portion of the cost of the project or
undertaking supplied by other sotirces. and
such other records as will facilitate an ef-
fective audit.

(b) The Secretary and the Comptroller
General of the United States, or any of their
duly authorized representatives, shall have
access for the purpose of audit and examina-
tion to any books, documents, papers, and
records of the recipient that are pertinent
to assistance received under section 6 or 7 of
this Act.

The analysis presented by Mr. Scott
is as follows:

Bsncr Analtsis or A«ea Redevelopment Bill
Introduced bt Senator Hugh Scott

1. Authorizes appropriation of a total of
$200 million for revolving fund loans: $100
million for industrial areas; $50 million for
rural areas; and $60 million for public fa-
cilities.

2. Provides for maximum Federal loan par-
ticipation of 60 percent; minimum State or
local govenunent participation of 10 percent;
and minimum participation from nongov-
ernmental sources of 5 percent.

3. Provides for loans over a period of 30
years.

4. Places program under Department of
Commerce which has primary responsibility
for business and Industrial development.
Administrator will have Assistant Secretary
status.

5. Authorizes the Secretary of Commerce
to determine realistic rates of Interest on all
loans.

6. Authorizes loans to Industrial areas
with the following unemployment levels: 6
percent at time of application and 6 percent
average throughout qualifying period, and
50 percent above national average for 3 out
of 4 preceding years; or, 75 percent above
national average for 2 out of 3 preceding
years; or, 100 percent above national average
for 1 out of 2 preceding years. There are
different criteria for rural areas and public
facility loans.

7. Contains a special urban renewal sec-
tion to permit Housing and Home Finance
Agency to give financial assistance to urban
renewal projects in municipalities, without
regard to the predominantly residential re-
quirements.

8 Contains Davis-Bacon Act provision to
assure prevailing rate of wage and 40-hour
week on contracu under area redevelopnwnt.

0 Provides that vocational training or re-
taining needs of unemployed shall be made
available through existing programs, ander
direction of Secretary of Health. Education.
Welfare, and Secretary of Labor.

10. Authorizes appropriation of $10 million
for retaining subsistence paymenU to un-
employed individuals who have been certified
for vocational training or retraining, and
who have exhausted unemployment compen-
sation benefits.

11. Authorizes appropriation of $4 million,
annually, for technical assistance to rede-
velopment areas, for surveys and oth«r eval-
uation studies.

12. Requires State or iU instrumentality
to establish local redevelopment plana.

13. Establishes a Cabinet-level Advisory
Board and 25-member Public Advisory Com-
mittee.

FEDERAL GRANTS FOR SCHOOL
CONSTRUCTION AND TEACHERS'
SALARIES

Mr. McNAMARA. Mr. President, on
behalf of myself and my colleague, the
junior Senator from Michigan (Mr.
Hart], I introduce and send to the desk,
for appropriate reference, a bill to pro-
vide a program of Federal grants for
school construction and teachers' sal-

fiirics

There are few legislative subjects that
have commanded as much attention as
has Federal assistance for our country's
elementary and secondary schools.
There appears to be agreement on both
sides of the aisle In both Houses of Con-
gress that the Federal Government must
place its resources and prestige behind
the fight for better schools. The ques-
tion is, how should this be done?

The bill that I introduce is In all re-
spects a duplicate of S. 8, the measure
which passed the Senate in 1960. It pro-
vides Federal grants to each State, to be
used as each State decides either for
construction or salaries or for a combina-
tion of both. The average grant across
the Nation would be equal to $20 per
school-age child. Each SUte's per pupil
grant would vary, since the money Is to
be fljlocated on a formula which relates
the State's per capita wealth to the per
capita wealth of the Nation.

The same imperative facts which
caused the Senate to pass this bill last
year are still with us. All too many of
our children receive their education In
buildings that are overcrowded, under-
lighted, poorly ventilated, and lacking in
minimum sanitary facilities. The most
recent figures of the Department of
Health, Education, and Welfare demon-
strate that we still have a shortage of
more than 130,000 classrooms.

The salaries that are paid to the
majority of the Nation's teachers are still
inadequate to attract the gifted people
we need in the profession.

The latest estimate of the National
Education Association shows that the
average salary for teachers in the school
year 1960-61 will be slightly above $5,000
a year. The average beginning salary
for teachers Is clearly far below that
amount. We can never expect to recruit
the talent we must have in the teaching
profession when the beginning salaries

do not match even factory wages, not to
mention professional salary rates.

The establishment of a Federal school-
assistance program has been a goal of
mine since I first came to the Senate. I
introduced my fh-st general school-aid
bill in 1957; and the passage of S. 8 last
year was a good omen for the final
adoption of such a program.

I offer my bill this year as a continued
expression of my deep concern for our
schools and as a starting point for what
I trust will be the Senate's passage of a
Federal education program.

I ask unanimous consent that an anal-
ysis of the bill be printed at the conclu-
sion of my remarks.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the
analysis will be printed in the Record.

The bill (S. 8) to authorize Federal
financial assistance for school construc-
tion and teachers' salaries, introduced by
Mr, McNaxara (for himself and Mr.
Hart), was received, read twice by its
title, and referred to the Committee on
Labor and Public Welfare.

The analysis presented by Mr.
McNamara is as follows :

Amaltbis or S. 8

sacnoM 1 — flOKMrr title
This section provides that it may be cited
as the "School Construction Act of 1961."
■acnoir a — omcLsMAnoM aw pubposb
This section declares that It Is the purpose
of the bill to provide for a 2 -year program
of Federal grants to the States to assist them
In constructing lirgently needed public ele-
mentary and secondary school facilities in
local communities and for teachers' salaries.

sacnoM a — assuaANCK against tkokmal
umMwuMKcm nr acBooLS
This section provides that In the adminis-
tration of the act. no department, agency,
offloer, or employee of the United States shaU
eserdse any direction, supervision, or control
over the policy determination, personnel,
curriculum, program of instruction, or the
administration or operation ot any school or
school system.

SaCTIOM 4 — APPBOPUATIONS AXTrBOSISCD

This section authorizes annual appropria-
tions of an amount equal to $20 times a num-
ber equal to the school age population of
ttM United States, as defined In sec. 5(b) (4).
■BCnoK 9 — ALLOTMnm and patkkmts to

8TA1

Subsection (a) provldee that the funds
appropriated In any year would be allotted
fUT>nng the States on the basis of relative
school-age population as weighted by rela-
tive income per school-age child. These
allotments would be subject to the effort for
school purposes of the respective State (ef-
fort Index) after the first year of the pro-
gram.

The U.S. Commissioner of Education
would allot to each State an amount which
bears the same ratio to the funds appro-
priated for the year as the product of (1)
the State's school-age population multiplied
by (2) the State's allotment ratio, bean to
the sum of the corresponding products for
all the States.

SubsecUon (b) provides the d^lnltlons of
the terms xised in subsection (a) . A SUte's
aUotment ratio would vary Inversely with
the ratio which eslsU between the incMne
per child of school age for the State and the
Inoome per chUd of school age tta all the
SUtee. with the ratio for a State at the
national average being 0.50. In no case
would an aUotment ratto for a Stote be lees

than 0.26 or more than 0.76. The allotment
ratio for Puerto Rico, Guam, and the Virgin
Islands would be set at 0.75.

The Income per chUd of school age for any
State would be the total personal Income
for the State divided by the number of
school-age children In the State. The in-
come per child of school age for all the
States would be similarly computed. Puerto
Rico. Guam, and the Virgin Islands would
be excluded from these computations inas-
much as their allotment ratios are specified.

Subsection (c) provides that as soon as
possible after appropriated amounts are
available for payment the Commissioner
shall pay each State which has submitted
a proper application the amount allotted to
it subject to any adjustments or reallot-
ments made under the effort Index provided
for in section 6.

SECTION 6 MAIIfTXNANCK Or STATE AMD LOCAL

SUPPOXT FOR SCHOOL FINANCING (ETrOKT
INDEX)

This section provides that for the second
year of the program, the allotment of any
State would be reduced by the percentage
(If any) that the State's school -effort Index
Is less than the national school-effort index.
The total of the reductions would be reap-
portioned among the States not subject to
such reducttons by increasing proportion-
ately the sum of the amounts originally ap-
portioned to them for the year.

The State Index would be deemed equal
to the national index in the case of (1) Puer-
to Bloo, the Virgin Islands, Guam, and the
District of Columbia and (2) any State whose
expendltiires per public school child In aver-
age dally attendance were not less than thoe:
for all the States.

A State's school-effort Index would be
determined on the basis of the ratio of school
expenditures per public schoolchlld In aver-
age dally attendance to the State's Income
per child of school age. The national school-
effort index would be based on comparable
figtxree for all the States (excluding Puerto
Rico, the Virgin Islands, and the District of
Columbia).

The school expenditures are expenditures
by the States and subdivisions for elemen-
tary and secondary education made from
funds derived from SUte and local sources
as determined by the Commissioner of Edu-
cation for the most recent school year for
which satisfactory data from the States are
available to him. The number of children
In average daily attendance woiild be sim-
ilarly determined.

The income per child of school age for any
State and for aU the States (mentioned
above) would be determined on the basis
of data tor the most recent year for which
satisfacUxy data are arguable from the De-
partment of Commerce.

SBCnOM 7 — STATE APPLICATIONS

A State education agency which desires to
receive an allotment and payment under this
program must submit to the Commissioner
(rf Education an application which (a) pro-
vides assurance that the State education
agency will be the sole administering agency
for the funds received; (b) sets forth pro-
cedures to insitre that funds will be allo-
cated among projects within the States so
that priority is given to local educaUon
agencies, which, in the judgment of the
State education agency, have the greatest
need for additional school facilities and
which are least able to finance the cost of
needed school faculties; (c) provides as-
surance that every ai^licant whose applica-
tion for funds is denied will be given an op-
portunity for a hearing before the State
education agency; (d) sets forth procedures
tor such fiscal control as may be necessary
to assure proper distribution of funds under
this act.

When a State agency has exclusive re-
sponsibility for the financing of the con-

struction of schools, the CommlBsioner may
modify or make inapplicable the provisions
of this section to the extent he deems such
action appropriate because of such special
governmental and school organisation of the
State.

SECTION a MATCHINO BT STATES AND LOCAL

COMIAUMITIBS

Subsection (a) provides that in the sec-
ond year of the act, a State In order to re-
ceive Its second year grant, must have In-
creased Its own expenditures by an amount
not less than the product of (a) the State's
share and (b) the expenditures of the State
and local communities In the base school
year of 1960-81. The sulwectlon further
provides that a State's second year grant
will be reduced by the amount which the
State fails to match the prescribed amount,
and provides that such reduction shall be
reallotted among the remaining States.

Subsection (b) defines the "State's share"
as 5 percent of the remainder of SI less
that State's allotment ratio (sec. 5) except
that in no case shall the ratio be less than
0.33^ or more than 0.66%-

Subsection (c) defines "expenditures for
elementary and secondary education."

Subsection (d) provides that a State shall
be considered to have matched its Federal
funds in any year In which its school-age
population Is leas than Its school-age popu-
lation in the base school year 19«0-61.

Subsection (e) provides that if a State
should fail to receive funds under this act
in any given year, for the puiposes of the
matching provisions, the State will be con-
sidered to have received Federal funds under
this act in that year.

SECTION 9 ^PERIOD FOE TTSE OT FUNDS AND

CiSaHllCATION ET STATES

Subsection (a) provides that when funds
are received under this act by the State they
shall be deemed to be State funds to be dis-
tributed and expended not later than the
end of the following fiscal year.

Subsection (b) t^ovldes that pri<»- to the
termination of such following fiscal year
each State education agency receiving funds
imder this program Is to (1) certify to the
Commissioner the amount of such funds re-
ceived which have been so distributed and
expended, and (2) pay to him any amount
of these xxinds which have not been so ex-
pended.

Subsection (c) provides that any fimds
paid back to the Commissioner shall be re-
allotted during the next fiscal year.

SECTION 10 — LABOa SrANIIABDS

A state education agency must give ade-
quate assxirance to the Commissioner that
all laborers and mechanics employed by con-
tractors or subcontractors who woric on
school construction financed under this set
wUl be paid wages at rates not less than
those prevailing on similar construction In
the locality as determined by the Davis-
Bacon Act.

In req>ect to labor standards tar the per-
formance of work as specified above the
Secretary of Labor shall act in accord with
Reorganization Plan No. 14 of I960 and sec-
tion 2 of the act of June 13, 1954.

SaCnOH 11 OEFINmOKB

This section defines the terms "Commis-
sioner," "State." "State education agency,'^
"local education agency," "school facilities,"
"construct." "constructing." and "construc-
tion."

The term "State" includes Puerto Blco,
Guam, the Virgin Islands, and the District
of Columbia, unless otherwise designated in
the act.

The term "school facilities" is defined so
that Federal assistance would be used to
provide classrooms and related facilities for
education In a State which Is provided by a
school district for elementary or secondary

I

m

166

education at public expenw a»^d under pub-
Uc supervlElon and direction This Includes
fumlt^n•e. equipment, machinery utilities,
and instructional materials (other than
textbooks). The term "»'«»^«<;"°°^^,°'*;
terlals" would Include, among other things,
audiovisual equipment, films, film strips,
and reference works for school libraries It
Also Includes Interests In land Including
lite, grading, and improvement. It does not
Include, however, athletic stadiums, or
structures, or facilities Intended primarily
for events for which admission Is to be

*'*t5L terms "construct." "constructing."
and "construction" Include the preparaUon
of drawings and specifications for school fa-
cUlUes; erecting, building, acquiring, alter-
ing. remodeUng. improving, or extending
school facilities; and the Inspection and
supervision of the construction of school
facilities.

The term "teacher" means any member
of the InstrucUonal staff of a pubUc elemen-
tary or secondary school as defined by the
State education agency of each State.

The term "teachers* salaries" means the
monetary compensation paid to teachers for
services rendered in connection with their
•mployment.

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

167

AID TO DISTRESSED AREAS

Mr, DIRKSEN. Mr. President, I In-
troduce for appropriate reference a bill
to aid distressed areas.

In the 2d session of the 86th Con-
gress, on May 18. 1960, 5 days after
the President vetoed Senate 722, I and
five of my Republican colleagues intro-
duced Senate bill 3569, which provided
for an outlay of $180 milUon. including
$100 miUion in public facility loans.
Senate bill 722 had called for an outlay.
In one form or another, of about $389
miUion. Senate bill 722 passed the Sen-
ate by a vote of 49 to 46 in 1959. That
means that it secured a majority of only
3 votes out of a total of 95 votes. In
amended form it passed the House on
May 4, 1960, by a vote of 202 to 184.
This was a majority of only 18 votes out
of a total of 386 votes. On May 6, 1960.
the Senate voted 45 to "32 to accept the
House amendments. On May 13 this
measure was vetoed. The veto message
languished for 6 weeks and then was
called up for consideration. The veto
was sustained on June 24 in the Senate
by a vote of 45 to 39.

Two months later, on August 18, 1960,
a 1-day heartag was held by the Sub-
committee on Production and Stabiliza-
tion of the Senate Banking and Cur-
rency Committee. The subcommittee
consists of nine members. The hearing
was spirited, but fruitless. It recessed
at 4:30 pjn. on August 18.

Senate bill 3569, which I had intro-
duced, was before the subcommittee at
that time, and with it there was the ap-
peal of the President in his veto message
for legislation in this field. I deem it
of such Importance that I shall include
the entire veto message in this state-
ment.

The key expression in the veto mes-
sage is found in paragraph VI:

My profound hope is that sound, new
legislation will be promptly enacted.

But a majority of the subcommittee
thought otherwise, and hence the Presi-

dential entreaty was ignored. I believe
it was fair and reasonable, therefore, to
assume that the Democrat majority
actually preferred an issue to some ac-
complishment in this neld. But the
problem and the challenge which the
administraUon has recognized for more
than 5 years is like the little man on the
stair, and will not go away.

Certain it is. Judging from campaign
and possible campaign statements, that
this matter is scheduled for early con-
gressional action. To this end we have
reconsidered Senate bill 3569 and the
other legislative proposals dealing with
this problem and we now introduce a bill
which we regard as a sound, fair, and
effective approach.

This bill embodies the basic provisions
of S. 3569. It provides for an outlay of
$180 million, but in this bill all of this
outlay will go for the aid of distressed
areas and assistance in developing the
economic growth potential of this coun-
try.

This bill is based on the philosophy
that the Federal Government, with all
of its many complexities, should not step
willy-nilly into our economy, but should
deal only in areas where people want to
help themselves but have problems too
large for solution on the local level with-
out assistance.

This bill does not hold out illusory
promises of aid for depressed areas
which have been bereft of their eco-
nomic weU-being by the circumstances
of time and change. These areas would
get no aid imder those proposals which
require redevelopment on the spot, be-
cause of the requirement that before
any aid can be given there must be rea-
sonable assurance that the aid can be
paid back. What if the coal is gone
and the whole population cannot be sup-
ported by new industry? Are those areas
to be left without aid because the aid
must be on the spot and must pay out?
Any assistance program must be made
broader and more flexible if It Is to solve
the problem. The solution must not be
restricted to a particular area. To do
so may be to create not permanent im-
provement of opportunity, but a perma-
nent dole.

On November 28 there appeared in
Time magazine a well-rounded article on
this subject with emphasis on this thesis:
Oovernment aid. if It Is forthcoming, wlU
not work without the wUl of a city to re-
vitalizse Itself.

I believe this article merits inclusion
in this statement.

The bill contains another significant
feature. Because it is a bill to authorize
the appropriations of Federal funds to
provide greater employment opportuni-
ties, it also requires that such funds shall
not be used where restrictive work prac-
tices exist. Those who seek Federal as-
sistance should be ready to permit every-
one to do a fair day's work and those who
seek to provide Federal assistance should
stand ready to require that everyone does
a fair day's work.

It is to be assumed that this whole
problem of distressed area assistance will
have further consideration by the com-
mittee, and I trust the solution embodied
in the bill which I introduced for my-

arif and my colleagues will command
favorable consideration by the commit-
tee.

The testimony of the Secretary of
Commerce, Frederick Mueller, on August
18, is so much to the point that It de-
serves a place in these remarks In order
to round out the whole story, and I re-
quest consent to have this testimony, the
Time article, and the President's veto
message made a part of my remarks.

Mr. President, this Is the whole story,
and this can then become. I think, for
every Member of the Senate, if he so
desires, a reference piece that he can clip
and put in his notebook, because I was
very careful and made sure that the
dates of the roUcalls and the vote on
the veto measure were quite correct.

I ask that the bill be permitted to lie
on the desk for the next 2 days for such
Members of the Senate as may want to
cosr>onsor the bill.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred ; and, without objection, the bill
and statements will be printed In the
Record ; and the bill will Ue on the desk
as requested.

The bin (S. 9) to assist areas to develop
and maintain stable and diversified
economies and create new employment
opportunities, and for other purposes, In-
troduced by Mr. Dirksin (for himself
and other Senators) was received, read
twice by its title, referred to the Com-
mittee on Banking and Currency, and
ordered to be printed in the Record, as
follows:

Be it enacted by the Senate and House of
Represcntatlvea of the United State* of
America in Congress assembled, Tliat this
Act may be cited as the "Area AssUtance Act
of 1961."

naCLABATION or FUaPOSB

Sac. 3. The Congress declares that, even
during periods of prosperity for the Nation
as a whole, some of our communities suffer
substantial and persistent unemployment;
that such unemployment causes hardship
to many individuals and their families and
detracts from the national welfare by wast-
ing vital himian resources and that the Fed-
eral Oovernment. in cooperation with the
States, should take effective steps to reduce
the substantial and persistent unemployment
in such areas by the establishment of stable
and diversifled local economies and the cre-
ation of new employment opportunities.

AUTBOiTT or sacmxTABT or coiaaacm
Bmc. 101. (a) The Secretary of Commeres.
hereinafter referred to as the Secretary, may
designate as an area of substantial and per-
sistent unemployment any area certified as
eligible for such designation by the Secretary
of Labor.

(b) To assist In reducing substantial and
persistent unemployment in such areas In
the United States so designated the Secre-
tary is authorised —

(1) to make grants for technical assist-
ance in accordance with the provisions of
section 106 of this Act; and

(2) to provide ioans In accordance with
the provisions of section 107 of this Act.

(c) The Secretary Is also authorized to ex-
tend the full cooperation of the Federal Oov-
ernment—

(1) through technical advice and consul-
tation and, when necessary, through the eon-
duct of special studies to all areas In the
United States to promote the more effective
use at local resources, the establishment of
new industries based on local resources, and
to expand existing Industries.

(2) through grants made In aooordance
with the provisions of section 106 of this
Act, to towns predominantly dependent on
one Industry and to rural areas to help them
to develop manufacturing, processing, and
other activities calculated to diversify and
Improve their economies.

(d) The Secretary shall coordinate his
functions under this Act with those of the
Secretary of Agriculture and other officials
administering Federal programs affecting lo-
cal economic condltloiu.

(e) The Secretary shall not provide any
assistance under this section if It is reason-
able to believe that any persons who will
benefit, directly or Indirectly, from such as-
sistance engage In. urge, seek or promote any
restrictive work practices.

(f ) As vised in this Act —

(1) The term "United States' Includes the
several States, the District of Colximbla arfd
Puerto Rico. 'S

(3) The term "State" refers to an Individ-
ual State, the District of Columbia or Puerto
Rico; and

(8) The term "loen" Includes loans, im-
mediate participation In loans, and purchase
of evidences of Indebtedness.

(4) The term "restrictive work practices'*
Includes falling or refusing to perform any
work in an efficient and economical manner
and requirements that unnecessary work be
performed or unnecessary positions of em-
ployment created or continued.

AUTHOBITT Or SECHSTART Or LABOS

Sec. 102. (a) The Secretary of Labor shall
from time to time, or upon the request of the
Secretary, or any appropriate State agency
or political subdivision, certify areas as
eligible for designation as areas of substan-
tial and persUtent unemployment whenever
he finds, on the basis of available labor force
data or studies, that —

(1) the current rate of unemployment in
the area, excluding unemployment due
prlmarUy to temporary or seasonal factors. Is
6 per centum and

(2) the annual average rate of unem-
plojrment in the area has been at least —

(A) 6 per centum for the period set out in
the applicable provision of subsection (B)
and

(B)(1) 60 per centum above the national
average for three of the preceding four cal-
endar years, or

(U) 76 per centum above the national
average of two of the preceding three calen-
dar years, or

(lU) 100 per centum above the national
average for one of the preceding two calen-
dar years.

(b) The Secretary of Labor Is authorized,
whenever he detorolnes that such studies
are needed, to undertake, or to provide as-
sistance to others in the preparation of,
studies of the stae. characteristics, skills,
adaptabUlty. occupational potentialities, and
related aspects of the labor force of an area
necessary to determine whether such area
shoiUd be certified under this section.

(c) When the labor force in an area desig-
nated imder section 101 is not utilizing Its
full human resources and skUls, the Secre-
tary of Labor is authorised to provide advice
and technical assistance In developing and
carrying out a program to Improve such
utilization by the labor force.

(d) Whenever the Secretary of Labor finds
a need for vocational education services in
an area designated under section 101 and
when such area has an economic develop-
ment program as [rovlded in section 107(b)
(5), be Is authorised to assist interested
agendes to determine the vocational training
needs of unemployed individuals residing in
the area, and he shaU notify the Secretary
of Health. Bdueatlon, and Welfare of the
vocational training or retraining require-
ments at the area. The Secretary of Health,
Xdueatton, and Welfare, through the Com-
missioner of aducatlon. is authorized to as-

sist the State vocational education agency in
providing such services in the area. There
is hereby authorized to be appropriated not
to exceed $1,600,000 annuaUy for the purpose
of providing, when necessary and appropriate,
financial assistance under this subsection.

AUTHoarrr or hoosiho akb romk riNANCz

AOMINISTHATOE

8>c. 103. Title I of the Housing Act of 1049,
as amended, is amended by adding the fol-
lowing new Reading and section at the end
of title I: I

"ABBAS or SUBSTANTIAL AND PEB8ISTBNT
T7WBMPLOTMXNT

"Sxc. 118. (a) When the Secretary o(
Commerce certifies to the Administrator
(1) that any county, dty, or other munici-
pality (all hereafter referred to as 'munlcl-
paUty' In this section) is situated in an area
designated by the Secretary of Commerce
pursuant to the Area Assistance Act of 1961
as an area of substantial and persistent un-
employment, and (2) that there is a reason-
able probabUity that with assistance pro-
vided under the Area Assistance Act of 1961
and other undertakings the area will be able
to achieve lasting improvement in its eco-
nomic development, the AdnUnlstratar Is
authorized to extend financial assistance to
a local pubUc agency in any such municipal-
ity under this Utle and the provisions of
this section.

"(b) The Administrator may provide such
financial assistance under this section with-
out regard to the requirements or limita-
tions of section HO(c) of this title that the
project area clearly be predominantly resi-
dential in character or become predominant-
ly residential under the tirban renewal plan.

"(c) Financial assistance under this sec-
tion may be provided for any project involv-
ing a project area Including primarily Indus-
trial or commercial structures sviitable for
rehabUitatlon under the urban renewal plan
for the area.

"(d) Notwithstanding any other provi-
sions of this title, a contract for financial
assistance under this section may Include
provisions permitting the disposal of any
land In the project area designated under
the urban renewal plan for Industrial or
commercial uses to any public agency or
nonprofit corporation for subsequent dis-
position as promptly as practicable by such
public agency or corporation for the redevel-
opment of the land in acccwtlance with the
urban renewal plan: Provided, That any
disposal of such land to such public agency
cw corporation under this section shaU be
made at not less than Its fair value for uses
In accOTdance with the urban renewal plan.'
And provided further, TOiat the purchaser
from or lessees of such public agency or
corporation, and their assignees, shall be re-
quired to assume the obligations Imixssed in
conformity with the requirements of section
106(b) hereof.

"(e) After any contract tat financial assist-
ance \mder this section has been executed
with respect to any project, the Administra-
tor may complete such project notwith-
standing any subsequent determination that
the area in which the project is located is no
longer an area of substantial and persistent
unemploynxent.

"(f) Not more than 10 per centiun of the
funds authorized for capital grants under
section 103 after Jime 30, 1960. shaU be avaU-
able to provide financial assisUnce imder
this secUon."

Ssc. 104. (a) The first sentence of section
202(c) of title n of the Housing Amend-
ments of 1956 Is amended to read as follows:

"(c) In processing applications for fi-
nancial assistance under this section, the
Administrator shall give (1) priority to
applications of counties, cities, and othw
municipalities and poUtlcal subdivisions f<»
financing needed public faculties in areas
determined to be areas of substantial and

persistent unemployment under the Area
Assistance Act of 1961: Provided. That the
Secretary of Commerce certifies there Is rea-
sonable probablUty that with assistance
made available under the Area Assistance
Act of 1961 and other undertakings such
areas wUl be able to achieve lasting improve-
ment in their economic development: and
(2) a first priority above all others to ap-
plications for financing needed public facili-
ties in connection with, and that will directly
serve, a project eligible under section 107
of the Area Assistance Act of 1961."

(b) The first sentence of section 203(a)
of title n of the Housing Amendments of
1966 Is amended to read as follows :

"(a) In onSiteT to finance activities under
this title, the Administrator Is authorized
and empowered to issue from time to time to
the Secretary of the Treasury notes and other
obligations in an amount outstanding at any
one time not to exceed • 100,000,000. pro-
vided that such limit shaU be Increased by
such amounts, not exceeding an aggregate of
$100,000,000, as may be specified from time to
time in appropriation Acts."

iniBAM PLANNIMC CBANTS

SBC. 106. Paragraph (3) of section 701(a)
of the Housing Act of 1954 is amended by in-
serting after "Cities, other municipalities,
and cotmties which" the following: "(A) are
situated in areas designated as areas of sub-
stantial and persistent unemployment under
section 101(a) of the Area Assistance Act of
1961, or (B)."

(atANTS rOB TBCHNICAL ASSISTANCB

Sbc. 106. The grants fen- technical assist-
ance which the Secretary is authorized to
make by sections 101(b)(1) and 101(c)(2).
may Include grants for studies to determine
the needs of the areas designated under sec-
tion 101(a) for the development of their
economic growth potential. These grants
may be made without regard to section 8648
of the Revised Statutes, as amended (31
VS.C. 529) . Appropriations are hereby au-
thorized for these grants in an amount not
to exceed $3,500,000 annuaUy. To the ex-
tent he may deem reasonable, taking Into
account the flr»»»»^-ifti ability of the grantee
and other relevant ccmsiderations, the Secre-
tary shall obtain from the grantee contribu-
tions to the costs of projects imdertaken
under section 101(c) (2).

LOAirs

Sbc. 107. (a) In carrying out section 101
(b)(2) of this Act the Secretary is author-
ized to purchase evidences of indebtedness
and to make or participate In loans to aid in
financing any project within an area of
substantial and persistent unemployment
for the purchase or development of land and
faculties for indvistrlal usage, and for the
construction, rehabilitation, alteration, con-
version, or enlargement of buUdings iat In-
dustrial use. Such financial assistance shaU
not be used for working capital, for the pur-
chase of machinery or equipment. « to assist
establishments relocating from one area to
another,

(b) Financial assistance under this section
shall be on such terms and conditions as
the Secretary determines, subject, however^
to the following restrictions and limitations :

(1) The total amount of loans and loan
participations (including purchased evi-
dences of Indebtedness) outstanding at any
one time under this section shaU not exceed
$75,000,000;

(2) Such assistance shall be extended only
to applicants, whether private or public, m>-
proved by the State (or any agency or
Instrtunentallty thereof concerned with prob-
lems of economic development) In which the
project to be financed shall be located;

(8) No loan, including renewals or exten-
sions thereof, made hereunder may have a
term exceeding thirty years and no evidences

168

CONGRESSIONAL RECX)RD — SENATE

January 5

1961

CbNGRESSIONAL RECORD — SEN ATT

109

!

I

i

of IndetotednaM mattiring more than tblrty
7«an fr«n date of pfurchaae may be pur-
cbased hereunder: Provided, That the tor9-
gotng rectriotloiu on maturltlee shall not
apply to ■ecuritlea or obllgattona received
by the Secretary aa a claimant in bankruptcy
or equitable reorganlaation or as a creditor
In other proceedings attendant upon Insol-
vency of the obligor or to extensions or
renewals for additional periods not to exceed
a total of ten years. If such extensions or
renewals will aid in the orderly liquidation
at such loans or of such evidence of
Indebtednees;

(4) Caeh loan shall bear Interest at a rate
one-half of 1 per centum higher than the
rate eurrently payable under section 106 (e)
on advances from the Treasury.

(5) (A) Not less than 16 per centum of the
aggregate ocet to the applicant (excluding
an other Federal aid in connection with the
undertaking) of acquiring or developing
land and facilities, and of constructing,
altering, converting, rehabilitating, or en-
larging the building or buildings of the par-
ticular project shall be supplied by the State
or any agency, Instrumentality, or political
subdivision thereof, or by a community or
area organization, as equity capital or as a
loan repayable only after the financial as-
sistance hereunder has been repaid in full
according to its terms and any secxirlty for
any such loan shall be subordinate and in-
ferior to the lien or liens securing the finan-
cial assistance hereunder;

(B) Not more than 35 per centum of B\lch
aggregate coat to the applicant may be loaned
by the Secretary under the terms of this Act
and security for such a loan may be sub-
ordinate and infertor to the lien or liens
which secure any loan or financing ot*er
than funds req\ilred by section 107(b)(6)

(A).

(C) No loans shall be made hereunder un-
less other funds are available in an amount
which, together with assistance provided
hereunder and funds required by section
107(b) (5) (A) , shall be sufficient to pay such
aggregate cost; and

(6) The Secretary first shall find that —

(A) It la reasonable to believe that the
project for which financial asslstsmce la
soxight win provide more than a temporary
alleviation of iinemployment or underem-
plo3rment in the area of substantial and per-
sistent unemployment in irtUch it is. or will
be, located;

(B) The financial assistance applied for is
not otherwise available from private lenders
or other Federal agencies on reasonable
terms;

(O) A participation loan cannot be ar-
ranged:

(D) There Is a reasonable assurance of
repayment;

(S) The project for which financial assist-
ance Is sought is cotnsistent with an overall
program approved by the Secretary for the
economic development of the area and a
fiwi:iing to that effect has been made by the
State, or any agency. InstrumentaUty, or
local political cu:xUTlsloin thereof.

(7) That nothing in this Act shall author-
ize financial assistance for any project pro-
hibited by laws of the State or local political
subdivision in which the project would be
located.

tMMA ASSUTANCS rOMS

8k. 108. (a) There Is hereby authorized
to be established in the Treasiuy of the
United States a revolving fund to be known
as the Area Assistance Fund (hereinafter re-
ferred to as the "fund"), which shall be
available to the Secretary for the payment of
all obligations and expenses in connection
with the loans authorized under section
101(b) (a).

(b) When requested by the Secretary, ad-
vances shall be made to the fund from the
appropriations made therefor. There la
hereby authorized to be appr<^>rlated for

the purpose of making advances to the fund,
without fiscal year limitation, an amount
not to exceed t7S.000.000.

(c) Reortpts arising from the loan program
sliall be credited to the fund.

(d) Any moneys in the fxuMl determined
by the Secretary to be In excess of current
needs shall be credited to the appropriation
from which advanced to be held for future
advances to the fund.

(e) There shall be paid into miscellaneous
receipts of the Treasury at the close of each
fiscal year Interest on advances to the fund
at rates which shall be determined at the
time the advances or commitments for ad-
vances are made, by the Secretary of ttie
Treasury who shall take Into consideration
the current average market yields to matu-
rity of outstanding marketable obligations
of the United States having maturities com-
parable to loans made by the Secretary from
such fund.

(f) Contributions shall be nuide from the
fuiui to the civil service retirement and
disability fund, in amounto determined an-
nually by the Civil Service Commission, for
the Government's share of the cost of the
civil service retirement system applicable to
employees (and their beneflclarlee) perform-
ing activities authorized under section
101(b) (3). Contributions shall also be
made to the employee's compensation fund.
In amounts determined annuuUy by the
Secretary of Labor, for benefit payments
made from such fund on account of em-
ployees performing activities authorized
under section 101(b) (3). Such determina-
tions shall Include the fair portion of the
cost of the administration of the respective
funds, which shall be paid by the Secretary
into the Tre(uvu7 as miscellaneous receipts.

TBKMiKATioir or XLioiBiLrrT roa wvmm

ASSISTAMCE

Sac. 109. Whenever the Secretary shall
determine that employment conditions with-
in any area previously designated by him as
an area of substantial and persistent luiem-
ployment have changed to such an extent
that such area is no longer eligible for such
designation under section 101(a) of this Act,
no further assistance shall be granted under
this Act. with respect to such area and. for
the piorposes of this Act. such area shall not
ba considered an area of substantial and
persistent unemployment: Provided, That
nothing contained herein shall —

(a) prevent any such area from again
being designated an area of substantial and
persistent unemployment \inder section 101
(a) of this Act if the Secretary determines It
to be eligible under such section, or

(b) affect the validity of any contracta or
undertakings with respect to such area which
were entered into pursuant to this Act prior
to a determination by the Secretary that
such area no longer qualifies as an area of
substantial and persistent unemployment.
The Secretary shall keep the departmenta
and agencies of the Federal Oovemment, and
Interested State or local agencies, advised at
all times of any changes made hereunder
with respect to the designation of any area.

BUUUa'I AWD AimiT

Sec. 110. In the performance of and with
respect to the functions, powers, and duties,
vested in him by section 107 of this Act, the
Secretary shall —

(a) prepare annually and submit a budget
program as provided for wholly owned Gov-
ernment corporations by the Government
Corporation Control Act, as amended; and

(b) maintain a set of accounta which shall
be audited annually by the General Account-
ing Office in accordance with the principles
and procedures applicable to commercial
transactions as provided by the Government
Corporation Control Act, as amended, and
no other audit shall be required: Proxrided,
That the Secretary with respect to the pro-
gram of financial assistance authorized by

section 101(b) (2) shall determine the char-
acter of and the necessity for obligations
and expenditures and the manner in which
they shall be Incurred, allowed, and paid,
subject to provisions of law specifically appli-
cable to Government corporations.

AZZA ASSISTAMCB ASMQCXeraATOB

Sec, 111. There shall be appointed by the
President by and with the advice and con-
sent of the Senate an Area Assistance Ad-
ministrator in the Department of Commerce
who shall receive compensation at a rate
equal to that received by AasUtant Secre-
taries of Commerce. The Administrator
shall perform such duties in the execution
of this Act as the Secretary may assign.

POWZBS

Sec. lia. In the performance of, and with
respect to the functions, powers, and duties
vested in him under thU Act, the Secretary
or his delegate may —

(a) adopt, alter, and use a seal, which
shall be Judicially noticed; and subject to
the civil servioe and classification laws, se-
loct. employ, appoint, and fix the compensa-
tion of such officers, employees, attornejrs.
and agenta as shall be necessary to carry out
the provisions of this Act, and define their
authority and duties;

(b) hold such hearings, sit and act at
such times and places, and take such testi-
mony, as he may deem advisable;

(c) under such regulations as he may pre-
scribe, make such findings and determina-
tions as may be required for the proper ad-
ministration of this Act and such findings
and determinations, together with thoee re-
quired to be made by the Secretary of Labor
pursuant to section 103. hereof, shall be final
and shall not be subject to review in any
coiul by mandamus or otherwise: Provided,
That with respect to the validity, effect, and
enforconent of secUon 101(b) (3) hereof or
sectirlty taken thereunder, statutes, rules,
and regulations pertaining generally to suite
by and against the United States shall be
applicable;

(d) under regulations preecrlbed by him,
assign or sell with or without notice at pub-
lic or private sale, or otherwise dl^x>ee of
for cash or credit, in his discretion and upon
such terms and conditions and for such con-
sideration as he shall determine to be rea-
sonable, any contract, claim, personal prop-
erty, security or evidence of debt assigned
to or held by him in connection with the
payment of loans made under this title, and
to collect or compromise all obligations as-
signed to or held by him and all legal or
equitable rights accruing to him In connec-
tion with the payment of stich loans xmtU
such time aa such obligation may be referred
to the Attorney General for s\ilt or collec-
tion;

(e) deid with, complete, renovate. Improve,
modernize, insure, rent, or sell upon such
terms and conditions and for such consider-
ation as he shall determine to be reasonable,
any real property conveyed to or otherwise
acquired by him in connection with the pay-
ment of loans granted under this title;

(f) pursue to final collection by way of
compromise or other administrative action
prior to reference to the Attorney General.
all claims against third parties assigned to
him In connection with loans made by him.
Section STOe of the Revised Statutes, as
amended (41 UJB.C. 6) , shall not be construed
to apply to any contract of hazard insurance
or to any purchase or contract for services or
supplies on account of property obtained by
him as a result of loans made under this title
if the premium therefor or the amount
thereof does not exceed $1,000. The power
to convey and to execute in the name o* the
Secretary deeds of conveyance, deeds of re-
lease, assignmenta and satisfactions of mort-
gages, and any other written Instrument re-
lating to real property or any interest therein
acquired by the Secretary pursuant to the

provisions of this title may be exercised by
the Secretary or by any oOlcer or agent ap-
pointed by him for the purpose;

(g) acquire, in any lawful manner, any
property (real, personal, or mixed, tangible
or intangible), whenever deemed necessary
or appropriate to the conduct of the ae-
tlvlUes authorlaed In sectloo 101(b)(3) ot
this Act; and

(h) In addition to any powers, functions,
privileges, and Immunities otherwise vested
In blm, take any and all actions. Including
the procurement of the servioes of attorneys
by contract, determined by him to be neces-
sary or desirable in making, servicing, com-
promising, modUytng. liquidating, or other-
wise administratively dealing with or realis-
ing on loans made or securities acquired un-
der the provlalons of this title: Provided.
That no attorney's services shall be produced
by contract If an attorney or attorneys can
be economically employed full time to render
such service.

AwtsoaT eoAss

8k. 118. To advise the Secretary in the
perforraance of ftmctlons authorized by this
Act, there Is authorized to be created an
Area Assistance Advisory Board, hereinafter
referred to as the "Board', which shall con-
■lat of the following members, all ex officio:
The Secretary, as Chairman, the Secretaries
of Agrlcultiu-e, Health. Education, and Wel-
fare, Labor, and Treasury, the Administra-
tors of the Housing and Home Finance
Agency and of the Small Business Adminis-
tration. The Chairman may from time to
time Invite officials of other agencies of the
executive branch Interested in the functions
herein authorized to participate In the ac-
tivities of the Board. Each member of the
Board may designate an oOlcer of his agency
to act for him aa a member of the Board
with respect to any matter there considered.

BOOSTTSaiXS AHD AOCWTS

BBC. 114. The Federal Reserve banks are
autborlaed and directed to act as custodians
and fiscal agenta for the Secretary In the
general performance of the powers conferred
by this title. Bach Federal Reserve bank
shall be entitled to be reimbursed for all
expenses Incurred as such fiscal agent. Any
banks Insured by the Federal Deposit Insur-
ance Corporation, when dealgnated by the
Secretary of the Treastiry, may act aa cus-
todians and depositaries for the Secretary.

PKlfALTXBS

8>c. 115. With respect to nnanclal aaslst-
anoe authorized by this Act:

(a) Whoever makes any statement know-
ing It to be false, or whoever willfully over-
values any security, for the purpose of ob-
taining for hlm«t?f or for any applicant
any loan, or extension thereof by renewal,
deferment of action, or otherwise, or the ac-
ceptance, release, or substitution of security
therefor, or for the purpose of Influencing
in any way the action of the Secretary, or for
the purpose of obtaining money, property, or
anything of value, under this Act. shall be
punished by a fine of not more than tlO.OOO
(V by Imprisonment for not more than five
years, or both.

(b) Whoever, being connected In any ca-
pacity with the Secretary —

(1) embcszles. abstracta, purloins, or will-
fully misapplies any moneys, funds, sectirl-
tles. or other things of value, whether be-
longing to him or pledged or otherwise en-
trusted to him. or

(3) with Intent to defraud the Secretary
or any other body politic or corporate, or tmy
Individual, or to deceive any officer, auditor,
or examiner of the Secretary makes any false
entry In any book, report, or statentent of or
to the Secretary, or, without being duly au-
thorised, draws any order or Issues, puta
forth, or assigns any note, debenture, bond,
or otiMr oMlgatlon, or draft bill of exchange,
mortgage. Judgment, or decree thereof, or

(8) with Intent to dtfraud participates,
shares, receives directly or Indirectly any
money, profit, property, or benefit through
any transaction, loan, comnUsalon. contract.
CH- any other act of the Secretary, or

(4) gives any unauthorised Information
concerning any f utxire action or pian of the
Secretary which might affect the value of
seciirltles. or. having such knowledge. In-
vesto or speculates, directly or Indirectly.
In the securities or property of any com-
pany or corporation receiving loans or othmr
assistance from the Secretary shall be pun-
ished by a fine of not more than glO.OOO or
by imprisonment for not more than five
years, or both.

(c) As used in this section, the term "Sec-
retary" shall mean, with respect to the lend-
ing activities of the Housing and Home Fi-
nance Administrator authorized under this
Act. the Hotialng and Home Finance Admin-
Utrmtor.

Sbc. llfl. (a) To avoid duplication of ac-
tivities and minimize expense in carrying
out the provisions of this Act, the Secretary
shall to the extent practicable and with their
consent use the available services and facili-
ties of other agencies and instrumentalities
of the Federal Goremment on a reimburs-
able basis.

(b) Departmenta and agencies at the Fed-
eral Oovemment shall exercise their powers,
duties, and functions in such manner as will
assist In carrying out the objectives of this
Act. This Act shall be supplemental to any
existing authority and nothing herein ahall
be deemed to be restrictive of any existing
powers, duties, and functions of any other
department or agency of the Federal Gov-
ernment.

COMSULTANTB

Bac. 117. The Secretary Is authorized to ob-
tain services as autborlssed by sedlon 16 of
the Act of August 2, 1946 (5 UJS.C. 56(a) ) , at
rates not to exceed $76 per diem for Individ-

AHXUAL

Sec. 118. As soon as practicable In each
year, but In no case later than the third
day of the following January the Secretary
shall make a comprehensive annual repcurt
of his operations under this Act for the fiscal
year ending on the preceding June 30, to the
President for transmission to the Congress.

ATTTRoaaATioir rot APPaopaiATiONS
Sac. 119. In addition to appropriations
specifically authorized by sections 106 and
108, appropriations are further authorized
for the carrying out of other provisions and
purposes of this Act.

The matters presoited by Mr. Dbocskn
are as follows:

VXTO MSSSAOZ — AaSA BXDXVCLOPlfKKT AcT. S.
723. 80TS CONGEESS, 3d Sesstom

ro the Senate of the United States:

I return herewith, without my approval.
S. 722. the area redevelopment bill.

For 6 consecutive years I have urged tiie
Congress to enact sound area assistance leg-
Irifit***" On repeated occasions I have
clearly outlined standards for the kind of
program that Is needed and that I would
gladly approve.

In 1958 I vetoed a bill because It departed
greatly from those standards. In 19S0. de-
spite my renewed urging, no area assistance
bill was passed by the Congress.

Now In 1960. another elecUon year, a new
bill Is before me that contains certain fea-
tures which I find even mme objectionable
than those I found imacceptable In the 1968
bill.

The people of the relatively few communi-
ties of chronic unemployment — ^who want to
share In the general prosperity — are, after 6
years, pr^eriy beeomlng tnereaslngly im-
patient and are rightfully desirous of con-

structive action. The need is tor truly sound
and helpful legislation on which the Con-
gress and the Executive can agree. Thoe Is
still time and I willingly pledge once again
my wholehearted cooperation In obtaining
such a law.

5. 722 Is seriously defective In s!x major
respects which are summarized Inunedlately
below and discussed in detail thereafter.

1. S. 723 would squander the Federal tas-
payen' money where there Is only temporary
economic dlfBculty, curable without the spe-
cial Federal aaedstanoe provided In tike bill.
In consequence, oommunlttes In genuine
need would receive less Federal help for
Industrial development projerta than under
the administration's proposal.

2. Essential local, State, and private Ini-
tiative would be materially inhibited by the
excessive Federal participation that 8. 722
would authorize.

8. Federal financing of plant machinery
and equipment Is unwise and unnecesssry
and th«%fore wasteful of money that other-
wise could be of real help.

4. The Federal loan assistance which 8.
722 would provide for the construction of
sewers, water mains, access roads, and other
public facilities is unnecessary because such
assistance Is already available under an
existing Government program. Outright
granto for such a purpose, a provision of
S. 722, are wholly Inapproprtate.

6. The provlBlons for Federal loans for the
construction of Industrial buildings in rural
areas are incongruous and unnecessary.

6. The creation of a new Federal agency
is not needed and woiild actually dday ini-
tiation of the new program for many montha.

X

The most striking defect of S. 722 la that
it would make eligible for Federal assistance
areas that don't need it — thus providing
less help for commxmitles In genuine need
than would the administration's proposal.
S. 723, as opposed to the administratioa
bill, would .more than double the number
of eligible cdnununltles competing for Fed-
eral participation in loans for the construc-
tion or refurbishing of planta for industrial
use — ^the main objective of both bills. Com-
munities experiencing only temporary eco-
nomic difficulty would aecordinfl^y be made
eligible under 8. 723 and the dissipation of
Federal help among them would deprive
communities afflicted with truly Tronic
xmemplojrment of the full measure of assist-
ance they so desperately desire and which
the administration bill would give them.

n

Tisfftlng solutions to the problems of
chronic unemployment can only be forth-
coming If local citizens — ^the people most
immediately concerned — take the lead in
planning and ftnnn/^<ng them. The prlnd-
f>al objective Is to develop new Indvutry.
The Federal Government can and should
help, but the major role In the undertak-
ing mutt be the local community's. Neither
money alone, nor the Federal Government
alone, can do the job. The States also must
help, and many are, but In many Instances
and In many ways they could do much more.

Under S. 722, however, financing of Indus-
trial development projecta by the Federal
Govenunent — limited to &6 percent under
the administration's proposal — could go as
high as 65 percent, local eonununity partici-
pation could be as tow as 10 percent, and
private financing as little as 5 percent. Fur-
thermore, although S. 723 conditions this
assistance on approval by a local economic
development organisation. If no each organ-
ization exlsta one can be appointed from
Washington.

nz

8. 722 would authorise Federal loans for
the acquisition of machinery and equip-
ment to manufacturers locating In ellglWe
areas. Loans for machinery and equipment

^v ,

170

CX)NGRESSIONAL RECORD — SENATE

January 5

3 :

M

4

are unneoeMary, unwise, and coetly. Much
more money would be required and unneces-
aarlly spent, much less money would find Its
way into truly helpful projects, and manu-
factxirers would be subsidized unnecessarily
vis-a-vls their competitors.
zv

S. 722 would authoHsBe further unnecessary
spending by providing both loans and
grants — up to 100 percent of the cost — for
the construction of access roads, sewers,
water mains, and other local public facilities.

Grants for local public facilities far ex-
ceed any appropriate Federal responsibility.
Even though relatively modest at the start,
they would set predictably expensive and
discriminatory precedents.

With regard to loans for such purposes,
exemption from Federal income taxes makes
it possible today for local communities In al-
most every case to borrow on reasonable
terms from private sources. Whenever such
financing Is difficult to obtain, the need can
be filled by the existing public facility loan
program of the Housing and Home Finance
Agency — a program which S. 722 would need-
lessly duplicate and for which an additional
$100 milUon authorization has already been
requested.

V

S. 722 would make a minimvmi of 600 rural
counties eligible for Federal loans for the
construction of Industrial buildings in such
areas. The rural development program and
the Small Business Administration are al-
ready contributing greatly to the economic
Improvement of low-income rural areas. In-
creasing the impact of these two activities,
particularly the rural development program,
is a preferable course.
vx

Finally, S, 722 would also create a new
Federal agency and would, in consequence,
mean many unnecessary additions to the
Federal payroll and a considerable delay in
tht program before the new agency could be
staffed and functioning effectively. None of
this Is necessary, for all that needs to be
done can be done — much better and im-
mediately— by the existing Department of
Commerce.

Again, I strongly virge the Congress to en-
act new legislation at this session — but with-
out those features of S. 722 that I find ob-
jectionable. I would, however, accept the
eligibility criteria set forth In the bill that
first passed the Senate even though these
criteria are broader than those contained
In the administration bill.

Moreover, during the process of develop-
ing a new t^l. I would hope that in other
ar«M of past differences solutions could be
foand satisfactory to both the Congress and
the Executive.

My profound hope is that sound, new leg-
islation will be promptly enacted. If It Is,
our communities of chronic unemployment
will be only the Immediate beneficiaries. A
tone will have been set that would hold
forth, for the remainder of the session, the
liope of sound and rewarding legislation in
other vital areas — mutual security, wheat,
sugar, minimum wage, interest rates, revenue
measwes. medical care for the aged, and
aid to education, to mention but a few.

Only this result can truly serve the finest
and best interest of all our people.

DwioRT D. BisxNBown.

Th* Whtte Housx. May 13, 1960.

(Time Magazine, November 28. 1960)

Tax Dxprsssxo-Arka Psoblsm — Ths Cms
Must Bkgim at Homs

The weather was dreary and drizzling one
morning last week as 600 people filed into
the silent Ackermann plant of the Wheeling
Steel Corp. in Wheeling. W. Va. The men
were not workers arriving for the morning

shift but guests at a funeral. They came to
bid at an auction to liquidate the plant. In
18 hours of bidding, they bought $5 million
worth of Idle equipment that onoe had
hummed busily under the hands of 1,200
workers. To Wheeling, the auctioneer's
machlnegun chant was an old familiar dirge;
for years, thousands of Its skilled workmen
have looked on helplessly as. one after an-
other, the gates of Its plants have closed for
good. Once-thrlvlng Wheeling is a prime
example of an urgent problem : the depressed
area.

By Government reckoning, a depressed
area is one in which at least 6 percent of
the workers are unemployed and the total
has run at least 60 percent above the na-
tional average for 4 of the last 5 years. The
United States has 19 major depressed areas
and dozens of minor ones scattered from
Washington to Maine, most of them concen-
trated in the industrial Bast. They account
for more than half a million unemployed
workers for whom recession is a year-round.
Inescapable fact, even when the Na-
tion's economy is booming. Both p«ui^ies in-
troduced bills to Bid depressed areas In the
last Congress, but squabbled them to death.
The cost was coniparatlvely small: $180 mil-
lion for the administration bill against $261
million for the Democratic bUl. Now Presi-
dent-elect John F. Kennedy has put a de-
pressed-areas bill at the top of his list of
"must" legislation.

The Nation's pockets of economic bUght
are caused by the fact that industries that
once provided the major payrolls have either
left the area, collapsed, or severely cut back
t^eir work force under the stress of tech-
nological change or competition from more
efficient plants elsewhere. The textile in-
dustry has moved out of New England for
the South 's lower wages. In Pennsylvania.
West Virginia, and Kentucky automation In
the coal mines and a national shift from
coal to oil and gas have thrown thousands
out of work. Modernization of the steel in-
dustry, abetted by a slump in steel sales, is
pushing Youngstown and Pittsburgh toward
the depressed category.

Most depressed areas are not economic
skeletons Incapable of revival; they need only
saving Infusions of new Industry. While
they deserve a helping hand from the Gov-
ernment, chlefiy in the form of loans and
grants to encourage new plant building and
new public faculties, it Is a fact that Govern-
ment help can do little good xmless de-
pressed areas first go to work to c\ire their
own problems. Many have already arrested
the decline, even made healthy comebacks
by aggressively working to attract Industry,
but others are so badly depressed that they
lack even the "seed money" to make a fresh
start.

Pennsylvania has set up the strongest pro-
gram to aid local communities in their battle
for survival. With about a fourth of all D.S.
depressed areas within its borders, the State 6
years ago launched an Industrial develop-
ment program. Its heart was a $20 million
revolving fund authorized to make loans to
nonprofit development agencies for the con-
struction of new plants In distressed areas.
Result: the plan has attracted 389 plants
(Including Radio Corp. of America, Pruehauf
Trailer and Chrysler Corp.) providing 106,000
factory Jobs, encouraged the expansion of 700
existing firms, put to work 391 idle plants.
At the city level. Scran ton has come up
with one of the most Imaginative programs.
Hit by a cut in mining workers from 17,910
in 1940 to about 24220 this year, Scranton set
out to attract new employers by offering to
build them a modern factory to meet their
specifications. The city paid for all construc-
tion, charged the company only rent. The
plan was first financed by the sale of mimlci-
pal bonds, but the public has chipped in
willingly with outright donations to keep the

fund going. About SO community-financed
plants have been built at a cost of nearly $20
million, providing Jobs for more than 10.000
pec^le. One secret of the plan's success: low
wage ratee, which 81 percent of the new In-
dustries admitted were what made the area
attractive to them.

Many plants have closed up or moved away
from depressed areas largely because area
workers cling to high wage ratee out of line
with other regions. But jas their savings melt
away, workers have lowered their sights.
The loss of the Ackermann plant so upset
Wheeling workers that a Jobless steelworker,
Thomas Elliott, set up a "save-a-plant"
movement, signed up more than 700 unem-
ployed workers who are willing to take much
lower wages.

Industrial development agencies have
found that one of the most valuable Invest-
ments they can make is a complete survey of
a depressed area's facilities and natural re-
sources. A geological survey of the area
around Freedom, Ind.. turned up the pres-
ence of gypsiun; it took little urging to per-
siiade a gypsiun mine and mill to locate in
the area. More and more depressed com-
munities are setting up training programs to
re-educate workers for new Jobs. Pennsyl-
vania spends $600,000 a year retraining un-
employed workers. Though it costs about
$140 to train one worker over a course of
several weeks, the State figures that it easily
geU that back in taxes within a year.

Instead of concentrating solely on indus-
trial plants, many communities now realist
that their biggest hope is to create or attract
more service Indxistries. Pennsylvania's
service industry employment has steadily
increased. Jumped fnxn 79.000 In 1960 to
108,900 this year. By attracting enough fac-
tories to employ 10,000 people, Scranton fig-
ured that It created 17,000 additional Jobs In
the service Industries, retail businesses, and
professions. One reason : an average of three
people leave the relief rolls for every new Job
created, thus increasing the market for
services.

By working In partnership with the Stat*.
local businesses, and — most important — with
the workers themselves, local communttlea
can do at least as much as Lawrence. Mass.,
which, by careful planning and aggreaslve
selling of Its assets, has cut Its unemployed
from 26.000 to 4.600 since most of Its textile
mills left. All the areas that have worked
on curing their own problem* agree on one
basic fact: Government aid, If It Is forth-
coming, will not work without the will ot a
city to revitalize Itself.

Statement of SEcmrrAXT or Coicicncz FaB>-

EXICK H. MUELLXK ON AXXA ASSIBTANCK LBO-

ISLATION, BBX)KX thx SxTScoMicrrm OM

PBOOUCTION AND STABnjEATION OF THK SXN-

ATB CoMMrmz ON Banking and CuaxxNCT,
AuousT 18. 1960

Mr. Chairman and members of subcom-
mittee, I welcome the opportunity to discxiss
with you proposed legislation to provide au-
thority for an effective and sound Federal
program of loans and grants to assist areas
of substantial and persistent unemployment
in their efforts to establish stable and diver-
sified local economies.

I welcome this hearing, too, because peo-
ple— their personal problems, their individ-
ual well-being, their futiu-e prospects — are
the constant concern of the administration.
We are proud of our record of promoting
"Government for the people"; and that the
encouragement of a climate favorable to pri-
vate enterprise has helped develop wide-
spread prosperity, a prosperity which no
other nation at no other time In history has
ever matched.

However, we shall never be satisfied — and
I am siire this committee agrees — until men
and women In areas of chronic unemploy-

1961

CONGRESSIONAL RECORD — SENATE

171

ment also have an opportunity for a larger
share of this country's prosperity.

And they can.

I am here to urge again immnedlate action
to create new opportanitles for the Jobless
and for Indiiatriee — especially small busineH
In tbeae areas. I propose soiind measures
alxned at genuine solution. I think that Is
what the public hopes will be initiated rather
than unrealistic plans based on excessive
spending and bureaucratic confusion that
would turn out to be disappointing to the
unemployed.

We can begin now — tills year — to liel|<
these deaarving people. All thst la naeaa^'
sary for a start la cooperation la tta* public
Interest by ths executive and legislative
branches. I sincerely believe the public
wants prompt progress in a further contribu-
tion to healthy eoonofxUc growth. So does
the administration. Bo — I am confident — do
the majority of Members of Congress.

Let MB remove the roadblocks that have
delayed needed legislation. For 6 years.
the President has sought effective and sound
legislation In this field and. as late as Au-
gust 8, the day that the Senate recon-
vened, he urged that such legislation be
enacted at this time. He characterized this
as one of the items which should not await
the selection and assembly of a new Con-
gress and a new administration. He stressed
his desire to cooperate with the Congress
In enactment of Items listed in his message.
and I am pleased therefore at this occasion
to work with your committee In Ita oonsld-
•ratlon at prolpoflala in this field.

The President's message of May 18. re-
turning without approval S. 732. set forth
in detail the reasons for that action. He
urged enactment of legislation on which the
Congress and the Executive can agree and
pledged his cooperation to that end. A leg-
lslatlv« proposal was introduced wtttaln 6
days thereafter by Senators Datwir, Bobh.
Bbau« Kjeatimo, Mobtoiv, and Javrs (S.
8609) and by Congrasamea Wxdmau. and
Bm* In the House. This proposal was In-
tended to provide a program on which the
two branches of Oorernment could agree.
At the time of Its introduction this pro-
posal was publicly acknowledged to be the
administration's program, and we urged then
and urge now speedy congressional approvaL
It shoiild be noted that the administration's
bill represented a sincere attempt to effect
compromises leading to speedy action.

In yoiu- letter Inviting me to appear to-
day you mentioned yo\ir intention to explore
In detail S. 722 as passed by this Congress;
8. 1004. the earlier proposal endorsed by the
administration; S. 3608; and 8. 3509. to
which reference was made above.

The veto message pointed out that S. 722
made eligible areas that were not chronically
distressed. Communities in temporary eco-
nomic difficulty should not be Included.
That they were included In the vetoed meas-
ure is nmde abundantly clear by the fact
that, since passage of the measure by Con-
grsaa. 12 areas (9 major and 8 smaller) tiigl-
bla tiMreunder would no longer be eligible
for beneflts. Baaed on current figures from
the Department of Labor, there are 81 major
and 106 smaller eommunities which are eli-
gible under S. 722; and 18 major and 74
smaller of such oommanltlea eligible under
aS68B.

The other detailed reasons for not appror-
teg S. 732, given by the President in his v«to
message, do not. In ray opinion, need fur-
ther explanation, but I would like to list
and comment on them in a summary manner.

1. Under S. 722, the major role of solving
these problems would be undertaken by the
Federal Government. Tbla takes the form
of Federal participation In loans in amounts
in excess to that needed.

We believe that a much more satisfactory
way to accomplish local Industrial growth

and expansion Is to concentrata the main
effort with those close to the situation, who
are familiar not only with the problems but
also are aware of local assets and local ef-
forts that can be developed. Experience and
logic demonatrate that local private initia-
tive Is the key to sustained Intare^ of the
community and to lasting benefits. Fed-
eral Ooverimaent should supplement and co-
operate, but the prim* Impetus Is local
eiuleavor.

2. Machinery and equipment loans would
be provided. Such loans are available, from
manufacturers, othor private sources, and
the Small Business Administration and under
the Small Business Investm>!nt Act. W*
believe therefore that authcu-ity for sucb
loans would resiilt in unnecessary and un-
warranted duplication by the Federal Gov-
ernment in a field where the service is either
already provided by nongovernment sources
or by 8BA when not available privately.

3. The loan program of 8. 722 for public
facilities again duplicates an existing pro-
gram for assistance in the construction of
basic public works, and the grants which
would be authorlaed by the proposal are not
within the scope of the program of assist-
ance to the community as we visualize it.
Such grants are disruptive to competition
between businessmen and communities and
more properly should be the responsibility of
State and local agencies. It is neither equi-
table nor wise to use one type of area develop-
ment to affect adversely the economic sta-
blUty of other areas.

4. TlM niral area program proposed by
S. 72S introduced problems entirely dif-
ferent from those found in the industrial
communities sought to be assisted by thla
legislation. Other means of Federal assist-
ance are available and are being iised. The
rural development program is giving special
attention to these areas and is demonstrating
positive results. It is widening the oppor-
tunities for off-farm Jobs, helping the living
conditions of low-income farm familleE. and
providing Job training and health services.
If more asststanoe is necessary in rural
areas. It should be through the madltms.

6. Further, the proposed establishment of
a new and independent agency is contrary to
good administrative practice. Studies and
reports by onbtaaed commissions over recent
years have repeatedly stressed the Inability
of separate agencies of thU type to have
proper administrative centred.

In order to assxjre top priority of direction
and wide coopoa^tion among all agencies of
the ezecuttre branch that can contribute to
the solution, the area development agency
should be under a Cabinet department re-
sponsive to tlM President.

In brief, goitlemen, we have opposed 8.
722 because by Its diffusion of Federal funds
and its lack of concentration of aid it ha*
failed to meet the objective which all of ti*
are seeking; namely, the providing of assist-
ance to the Nation's areas of substantial and
persistent unemployment. It should be em-
phasized In this connection that there are
major differences between the low-lnoom*
rural areas on the one hand <such as those
sought to be aided by 8. 722) and urban in-
dustrial area* of chronic unemployment on
the other. The urbcm-lndiistrlal areas are
those which once had a functioning economy,
but which have eKperienced a severe and
lasting unemployment shock. Theae towns
have municipal facilities such as water and
■•wage systems, they have banks and other
commercial facilities, and in general have a
concentration of capital investment, human
reaourcee, and social institutions which need
to be conserved and i^ilch provide a base for
tnduatrlal development. Admittedly rural
low-inooiiM area* have significant problems
but tte** ar* not problem* of substantial
unsmpIoynMnt; nor do thoss areas have the
broad ba** on which Industrial develcpment

eao Immediately tak* place. TiMse two
different types of area* dearly call for dif-
ferent type* of treatmeat and OkU is why
the admlnistratkm supports ssparate pro-
grams addressed to th* two types ot araaa.
I would like to illustrate In more spadOe
terms how the loan funds for industrial
areas provided under the criteria of 8. 722
would not be as effective for the areas of
real need as they wotOd be under S. 3669.
Although I recognise that area assistanc*
loans will not, under either 8. 3669 or 8. 722,
be based solely om the extent of unemploy-
ment in the area* for which the loans ar*
sought, yet your subcommittee might b*
interested la a brief comparison of the two
bills based on unemployment criteria alone.
Each c^ the measures provides $76 million
for loans to depressed Industrial areas. Un-
der the criteria of the administration's bill,
S. 3669. there were as of March this year 88
areas that would qualify (17 major and 71
smaller areas). Under S. 722. tbe vetoed
bill, there would be 1^ areas (40 major and
102 smaller areas). If the $76 mlUkm pro-
vided by each bill were prorated proportkxi-
ately among the distressed areas there would
of course be more dollars available per dis-
tressed area under the administration's bill
than iinder S. 722. Illinois, which has no
major depres*ed areas, has four minor arsa*
under the tests of 8. 8669 and five such
areas within the terms of 6. 722. Ttke allo-
cation of funds so prorated voold be aome-
wbat a* fdlows:

KaoM

Nnmber
aaem-

IflH)

8. $00

8.723

Centralis

Harrisburt

1.7Je
4.600

U,«BO

1,37$
XVD

«M2.aoo
esxaoo

l,7»,00i

$121,000
822. AW

Herrin-M aipbysboro-
We* FranMoii

Mount Csrmel-
Olney „

Mount Vemon

840.000

07.soe

427.800

I9&000

On tbe foregoing comparative baala fbmr of

the Illinois needy areas would be entitled to
twice as much money under tbe adminiatt'a-
tlon's bUl than under the vetoed biU. A fifth
area. Mount Carmel-Olney. whose unemploy-
ment is less than 1,400 persons, would noi
qualify under 8. 3569.

Turning to West Virginia, a State critically
in need of area assistance, there are thre*
major depressed areas. Here, using the same
yardstick, there would be more than double
the amount of funds available for the**
needy communities xinder the administra-
tion's proposal than under S. 722.

Nsms

Number
iinsm-

tMO)

&.zm

S.TB

Chsrissten

Hontinrtoo-Asbland .
Wbeelhw

$.150
11.000

io,aoo

1.777.M0
1,537,900

iSTOLOOO
8S2.S00
7»,«00

The same resiilts hold tm* for We*t Vir-
ginia's smaller areas. Based on the March
figure*. 11 such areas would qualify for
a total of $2,738,600 under the vetoed bill;
whereas under S. 8509 9 of these area*
would qualify for $6,016,500. Both in tota*»
and in averages per community the crtterla
of the administration's bill would provide
mora aid for West Virgtoia's d^iressed oom-
munitles than would S. 732.

In Pennsylvania, the story Is mueb tbe
same. In March of this year It had five ma-
jor areas of distress under the criteria of 8.
8508 and eight such areas within ths term*
of S. 722. nie principal differences being
that Philadelphia. Pittsburgh, and Tork with

'^
ff^

172

CONGRESSIONAL RECORD — SENATE

January 5

>!?

lew paraistent unemployment would not
meet the teste of 8. 366©. In the Ave area*
which would qualify under both bills, the
aid under 8. 722 would be less than half
that available under the administration's
measure. "Hie figures are ae follows:

Xame

Namber
unem-
ployed
(March
1900)

8. 35(»

S. 722

A ItOOIMI ....

4.700

9,700

10,100

119,800

75,700

13,-iOO

19.800
6.700

1007,800
1,447,600
1,507, MO

$822,500

Erie

675.000

Johnstown ....

7M.000

T'hiladftplitft ...

8,303,500

Pittflbimh

5,205,000

Scranton

1.987,500
2.947.500

922,500

Wllkes-Baire-

Uasleton

York

1, mo, 000
465.000

Based on the latest flgvtres from the De-
partment of Labor. I would like to pcrtnt out
that Philadelphia and York are no longer
areas of critical unemplo3nnent xuader the
standards of either bill. With respect to
smaller areas in Pennsylvania, 15 would meet
the tests of S. 722 and 11 would qualify
under 8. 3569. Here again in both totals
and averages the vetoed bUl would provide
considerably lees aid than would S. 3569.

If the object of this legislation Is to pro-
vide material assistance for industrial areas
suffering from chronic unemployment, very
clearly 8. 722 is found wanting — its scatter-
shot approach encompassing communities
with temporary, seasonal or mild unemploy-
ment problems can mean only that less aid
will be available for thoee unfortunate com-
munities faced with the specter of persistent
unemployment.

So much in respect to the previous bill.
But the areas with persistent unemployment
need not be left neglected in the months
ahead. The Congress can act now on an
acceptable measure that will bring relief. I
refer to 8. 3569. which was Introduced be-
cause the foregoing features of S. 722
prompted a veto In the public Interest and
because necessity demands a new attempt
to pass a bin on which all who want to re-
duce chronic unemplojrment can agree.

S. 3669 Is a more comprehensive bill than
its predecessors. It seeks to gear together
all the public and private forces that gen-
erate area development and to lay the foun-
dation for permanent economic progress.

This bin provides broader criteria than
those provided by S. 1064. the earlier ad-
ministration proposal considered by the
Congress along with 8. 722. Such a modi-
fication was referred to by the President In
his veto message when he stated that he
woxild accept changes in these criteria in
the Interest of agreement on a proposal.

The 8\un of $1.5 million annually Is au-
thorized to be used in helping State voca-
tional education agencies in vocational
training and retraining to assist eligible
areas. The earlier bUl (8. 1004) provided
authority for this activity but did not ex-
pressly set out authorization which might
serve as a measure of the need for this
aspect of the program.

8. 3569 not only provides for priority for
eligible areas in obtaining community facili-
ties loans, as did S. 1064. but also expressly
provides for the authorization of an addi-
tional $100 million In funds to be available
for thee* loans.

Funds available for grants to provide tech-
nical aaalBtance would be Increased from $3
million annually to $3.6 mlUlon annually:
$1.6 million would (as in 8. 1064) be avail-
able annually for areas eligible generally and
$2 million would be available annually for
towns predominantly dependent on one in-
dustry, small towns which could serve as
centers for economic diversification of low-
Income areas, and other low-income areas
to help them develop manuf Mturing. process-

ing, and other activities calculated to di-
versify and improve their economies.

The maximum term of loans to industrial
areas authorized by section 101(b)(2) of 8.
3569 would be Increased to 30 years from
the 25-year maximum provided in 8. 1064.
The total amount of such loans which may
be outstanding at any one time has been
Increased to $76 million from the $50 mil-
lion provided for in 8. 1064. I must em-
phasize that the true significance of such
an adjustment will obviously be evaluated
better on the basis of experience under the
program. You may be assured that the
budget process, executive and legislative,
will arrive at realistic flg-ures. Finally. 8.
3569 would make more definite the interest
rate to be charged on these loans. The
establishment of a more precise formula
would assure favorable charges to borrow-
ers.

I have undertaken to describe to this
committee in some detail the changes which
have been made in the proposed program
in the interest of seeking out a proposal on
which agreement might be reached. In
your letter of invitation, you also asked for
detail on the provisions of 8. 3568. which
was also introduced after the veto of 8. 722
as a measure on which agreement might be
reached. While we are very appreciative of
the thought that went Into this latter pro-
posal, we prefer the program to be provided
by 8. 3869 and have not. therefore, thought
it necessary to go into detail with respect
to 8. 3568.

8. 3569 can be a trailblazer. After Ini-
tiating a course of action, time will tell
whether further adjustments are needed to
improve its operation. However, I should
like to point out that the President and the
administration have been constantly mind-
ful of the problems of the areas of acute
unemployment. Since his veto message, the
President has personally urged that the vari-
ous Federal agencies do their utmost within
their present authorities and appropriations
to assist such areas. Under the chairman-
ship of the Under Secretary of Commerce,
member agencies of the Interdepartmental
Committee coordinating the Federal assist-
ance programs have made tangible progress.
I am submitting for the record three docu-
ments sununarlzlng this assistance.

In closing. I should like to reemphasize a
fundamental In respect to any approach to
permanent relief and lasting progress:

IConey which the taxpayers send to the
Treasury Is not the sole instrument for use
In area development. Excessive Federal
funds unwisely spent by officials in Wash-
ington, unfamiliar with local conditions,
could create duplications and confusions
that defeat the purpose and might even
cause Injury to other sections. Action with
any assurance of success must be a coopera-
tive undertaking tailored to fit local con-
ditions. It must stimulate local initiative
and must fit into the pattern of private en-
terprise.

And such action is possible through 8.
3569.

HOOVER-TYPE COMMISSION ON
FEDERAL TAXATION

Mr. WILEY. Mr, President, I intro-
duce for myself and the Senator from
Nevada [Mr. Bible] a bill to establish a
Hoover-type Commission on Federal
Taxation.

The purpose of this Commission would
be to make a top-to-bottom review of
our tax system, to develop recommenda-
tions for providing more equitable tax
laws, and to try to And ways and means
by which the country can (a) more effec-
tively meet its fiscal needs; (b) assure
fair treatment of our citizens under the

law; and (c) spur, not stunt, economic
growth and progress.

The Nation, I believe, could benefit
frwn creation of a realistic, long-range
tax philosophy to serve — and preserve —
our free-enterprise system, as well as
development of a more equitable system
of laws to reflect that philosophy.

Economically, we now exist on a kind
of hand-to-mouth practice of levying
new laws, and continuing ones that
threaten to expire; rarely do we repeal
laws, though some continue long beyond
their originally intended time.

This results in taxes for economic ex-
pediency, rather than adherence to a
system of principles designed to meet
the long-range needs of the economy and
the country.

My colleagues will recall that I intro-
duced a similar measure in the previous
Congress. Then, I was gratified by the
many Members who joined in cosponsor-
ing the Tax Commission bill.

To give other Senators an opportunity,
again, to cosponsor the measure. I re-
quest unanimous consent that the bill
remain on the desk for 1 week.

At this time. I also request imanimous
consent to have the text of the bill
printed at this point in the R«co«d.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and. without objection, the bill
will be printed in the Ricord.

The bill (S. 10) for the establishment
of a C(xnmission on Federal Taxation,
introduced by Mr. Wiliy. was received,
read twice by its title, referred to the
Committee on Finance, and ordered to
be printed In the Rbcord. as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,

DXCLAIATTON OF POLICY

SxcnoN 1. It Is hereby declared to be the
general poUcy of the Congress —

(a) to strengthen the private enterprise
system of the United States in terms of its
changing needs, requirements, and opportu-
nities, and thereby to advance the freedom
and well-being of the American people;

(b) to provide the soundest basis for the
collection of adequate revenue to meet the
obligations of the Federal Government;

(c) to promote respect for and observance
of Federal revenue laws and regulations; and

(d) toward the accomplishment of these
objectives, to promote efficiency, stability,
economy, clarity, simplicity, consistency,
equity, and justice In the tax policy and tax
structure of the Federal Government.

It is the purpose of this Act to establish a
medium for the comprehensive implementa-
tion of this general policy through the eatab-
ILshment of a Commission to study and in-
vestigate the fundamental tax poUcy and the
tax structure of the Federal Government and
their application to the people on an indi-
vidual basis as well as to the various seg-
ments of the national economy in order to
improve the existing tax policy ^ and tax
structure of the Federal Government.

XSTABLISHM KNT OF THK COMMISSION ON
fXDSRAL TAXATION

Sec. 2. (a) For the purpose of carrjring out
the policy set forth in section 1 of this Act.
there Is hereby established a Commission to
be known as the CommLsslon on Federal
Taxation (in this Act referred to as the
"Commission").

(b) Service of an -Individual as a mem-
ber of the Commission or employment of

1961

CONGRESSIONAL RECX)RD — SENATE

173

an individual by the Commission as an at-
torney or expert in any business or profes-
sional field, on a part-time or fuU-tlme
basis, with or without compensation, shall
not be considered as service or employment
bringing such individual within the pro-
visions of section 281, 283, 284. 484, or 1014
of title 18 of the United States Code, or sec-
tion 190 of the Revised Statutes (6 UB.O.
99).

MXMBERSHIP OF THE COKMiaSION

Sec. 3. (a) Numbes and Appointment. —
The Commission shaU be composed of twelve
members as follows:

(1) Four appointed by the President of
the United States, two from the executive
branch of the Government and two troax
private life;

(2) Vour appointed by the President of
the Senate, two from the Senate and two
from private life; and

(3) Four appointed by the Speaker of the
House of Representatives, two from the
House of Representatives and two from pri-
vate life.

(b) Vacancibs. — Any vacancy in the Com-
mission shall not atfect its powers, but shidl
be filled In the same manner in which the
original appointment was made.

oxoanization of the commission
Sac. 4. The Commission shall elect a Chair-
man and a Vice Chairman from among its
memlMis.

QUOKVM

Sec. 5. Seven members of the Commission
shall constitute a quorum.

oompensatiok or msmbbbs or tvb

COMMISSIOM

Sac. 6. (a) Membebs op CoNoaBSS. — Mem-
bers Of Congress who are members of the
Commission shall serve without compensa-
tion in addition to that received for their
services as Members of Congress; but they
shall be reimbursed for travel, subsistence,
and other necessary expenses incurred by
them in the performance of the duties vested
m the CommlsBlon.

(b) MSMBBBS FBOM TBB BtfUTlVB

BaAsrcB. — The members of the Commiaslon
who are In the executive branch of the Gov-
ernment shall serve without oompensation
in addition to that reoelved for their serv-
ices in the executive branch, but they shall
be reimbursed for travel, subsistence, and
other neoeasary expenses incurred by them In
the performance of the duties veeted in the
Commission.

(c) Mbmwfbw Pbobs Pbxvatb IjIFB. — The

members from private life shall each receive
$60 per diem when engaged in the actual
performance of duttc« vested in the Oonunls-
sion, plus reimbursement for travel, sub-
sistence, and other necessary expenses in-
curred by them in the performance of such
duties.

•TArr or thx commission

Sic. 7. (a) The Commission shall have
power to appoint and fix the compensation
of such personnel as it deems advisable, with-
out regard to the provisions of the civU
service laws and the ClaBelfloatio& Act of
1940, as amended.

(b) The Commission may prootire. without
regard to the clvU service laws and the classi-
fication laws, temporary and intermittent
services to the same extent as is authorised
for the departments by section 16 of the Act
of August 2, 1946 (60 Stat. 810), but at rates
not to exceed $60 per diem for indlvldaals.

or TBS COMMISSION

Sec. 8. There is hereby authorized to be
appropriated, out of any money In the Treas-
ury not otherwise appropriated, so much as
may be necessary to cany out the provisions
of thU Act.

otrnxs or the commission
Sac.O. (a) Invbstigation. — ^Tbe Commis-
sion shall study and investigate the prsssnt

tax policy and tax structure of the Federal
Government, the kinds of direct and Indirect
taxes imposed thereunder (with particular
reference to the Federal Income tax and its
impact on individuals and on enterprises —
small, medl\im. and large), and the nat\u*e
and extent of the application at such taxes
generaUy and specifically (Including the im-
position and collection of taxes) , in order to
determine what changes in such tax policy
and tax structure, and in the application
and administration thereof, are necessary in
its opinion to carry out the purposes set
forth in section 1 of this Act.

(b) RxpoiT. — ^The Commission shall sub-
mit Interim reports at such time or times as
it deems necessary and shaU submit to the
Congress on or before January 1, 1962, Its
final report of the results of its investigation
and etudy, together with its recommenda-
tions. Such fhial report may propose such
constitutional amendments, legislative en-
actments, and administration actions as in
its judgment are necessary to carry out Its
recommendations. On the sixtieth day after
the date of submission of such final report,
the Conunlsslon shaU cease to exist. -

powees of tre commission

S£C. 10. (a) HxAaiMos and Sessions. — The
Commission or. on the authorization of the
Commission, any subcommittee or member
thereof, may. for the purpose i f carrying out
the provisions of this Act, hold such hear-
ings and sit and act at such times and
place?, administer such oaths, and require,
by subpena f« otherwise, the attendance and
testimony of such witnesses and the produc-
tion of such books, records, correspondence,
memorandums, papers, and documents as the
Conunl-sslon or such subcommittee or mem-
ber may deem advisable. Subpenas may be
issued under the signature of the Chairman
of the Commission, of such subcommittee, or
any duly designated member, and may be
served by any person designated by such
Chaimum or member. The provisions of sec-
tions 102 to 104, inclusive, of the Revised
Statutes (U.S.C., title 2. sees. 192-194) , shaU
apply in the case of any failure of any wit-
ness to comply with any subpena or to tes-
tify when summoned under authority of this
section.

(b) Obtaininc OmciAL Data. — ^The Com-
mission is authorized to secure directly from
any executive department, bureau, agency,
board, commission, office, independent estab-
lishment, or Instrumentality information,
suggestions, estimates, and statistics for the
purpose of this Act; and each such depart-
ment, bureau, agency, board, oommlssion,
ofllee, establishment, or instrumentality is
authorized and directed to furnish such
information, suggestions, estimates, and sta-
tistics directly to the Commission, upon
requests made by the Chainnan or Vice
Ohairman.

EQUAIJTY OP OPPORTUNITY

Mr. KEPAUVER. Mr. President, on
behalf of myseU and several colleagues.
I am today Introducing a bill to amend
the Clayton Antitrust Act, as amended
by the Robinson-Patman Act, with ref-
erence to equality of opportunity. The
bin would make more effective the act's
prohibitions against price discrimination
by eliminating the defense of meeting in
good faith the equally low price of a ccmi-
petltor in those instances where it is
affirmatively shown that the price dis-
crimination may substantially lessen
competition or tend to create a monop-
oly. Where the effect of the discrimina-
tion is not so severe as this, meeting
competition in good faith would continue
as a defense.

The necessity for the bill arises from
the 1951 decision of the Supreme Court
in the Standard Oil of Indiana case (340
U.S. 231). In this decision tJie Court
held that price discriminations, unlawful
under section 2(a) of the Clayton Act
because of their substantial adverse ef-
fect upon competition, could be con-
tinued upon a showing that the discrim-
inations were made in good faith.

This decision stands for the pror>osi-
tion that substantially lessening of com-
petition or tendency toward monopoly is
in the public interest if the business
practices which produce these results are
done in good faith.

The bill, on the other hand, is based on
the proposition th&t substantial lessen-
ing of competition or tending toward
monopoly is not in the public interest
regardless of whether the business prac-
tices which produce those results are
done in good faith or bad faith. The bill
says that good faith monopoly is as
repugnant to America as bad faith
monopoly.

This is the fourth time I have intro-
duced this bill in the Senate. A similar
bill is being introduced also for the
fourth time in the House by Representa-
tive Wkight Patmah. of Texas, coauthor
of the Robinson-Pataxan Act and a life-
long friend of small business. This pro-
posed legislation has been numbered
HH. 11 in the House and S. 11 in the
Senate in the 84th, 85th. and 86th Con-
gresses and is known as the equality of
opportunity bill.

Having failed of enactment in the
three preceding Congresses, the bill is
obviously highly controversial. In the
84th Congress, the bill passed the House
by a vote of 393 to 3, but was never con-
sidered in the Senate having been caught
in the closing days. In the 85th Con-
gress, the bill was reported to the Senate
by the Judiciary Committee with an
amendment in the nature of a substi-
tute, but again was caught in the closing
days. The bill was not acted upon in
the 86th Congress.

The bUl which I have introduced is in
the form in which it was introduced in
the 86th Congress.

As I have stated, the bill is controver-
sial. The issue involved is whether gObd
faith monopoly shall continue to be per-
mitted imder the Standard Oil of Indi-
ana case, or whether good faith monop-
oly as well as bad faith monopoly shall
be condemned under the bill.

In order that all Senators who believe
with me that good faith as well as bad
faith monopoly must be prevented may
have an opportunity to add their names
as oosponsors, I ask unanimous consent
that the bUl lie on the desk for 1 week.

The PRESIDENT pro tempore. The
bill will be received and appropriately re-
ferred; and, without objection, the bill
will lie on the desk for 1 week as re-
quested by the Senator from Tennessee.

The bill (S. 11) to amend the Clayton
Act as amended by the Robinson-Pat-
man Act with reference to equality of op-
portunity, introduced by Mr. KirAUVK
(for himself and other Senators), was
received, read twice by its title, and re-
ferred to the Committee on the Judi-
ciary.

174

CONGRESSIONAL RECORD — SENATE

January 5

1961

OWGRESSIONAL RECORD — SENATE

175

il

H

'

?

Ill

m*

FEDERAL ASSISTANCE IN DEVELOP-
MENT OP IRRIGATION
Mr. ENGLE. Mr. President, on behalf
of my aelf and my colleague, the senior
Senator from California [Mr. KuchxlI,
I Introduce, for appropriate reference, a
bill to provide for Federal assistance on
water resoiirces. I ask unanimoiis con-
sent that the bill, together with an ex-
planatory statement, be printed in the
Record.

The PRESIDENT pro tempore. The
bill will be received and appropriately re-
ferred; and, without objection, the bill
and statement will be printed in the
Rxcoao.

The bill (S. 13) to provide for Federal
assistance in the development of irriga-
tion in connection with non-Federal mu-
nicipal and industrial water projects, and
for other purposes, introduced by Mr.
Englb (for himself and Mr. Kuchel),
was received, read twice by its title, re-
ferred to the Committee on Public
Works, and ordered to be printed in the
RicoRO. as follows:

Be it enacted bv the Senate and House o/
Representatives o/ the United States of
America in Congress assembled. That the
purpose of this Act Is to provide for Federal
cooperation In non-Federal projects proposed
to be constructed primarily for municipal and
IndTistrlal water development and to en-
courage thereby the planning and construc-
tion of water resources developments on a
multiple-purpose and comprehensive basis.
To Implement this purpose there are hereby
authorized loans by the United States for
those portions of the costs of constructing
such projects which are properly allocable to
Irrigation and grants by the United States
for those portions of the costs of construct-
ing such projects which are properly al-
locable under the Federal reclamation laws
to nonreimbursable functions, provided that
no Federal loan or grant shall be made for
any of the purposes referred to In this Act
unless the estimated economic benefits in-
cluding direct and indirect benefits exceed
the coets allocated to that purpose.
Sec. a. As used In this Act —

(a) The term "project" shall mean a de-
velopment proposed primarily for supplying
municipal and/or industrial water.

(b) The term "organization" shall mean a
State or a department, agency, or political
subdivision thereof, a mimiclpal water dis-
trict, water users' association, or similar non-
profit public organization which has capacity
to contract with the United States.

(c) The term "Federal reclamation laws"
•baU mean the Act of June 17. 1902 (32 Stat.
888). and Acts amendatory thereof or sup-
plementary thereto.

Sac. 3. Any organization desiring to avail
Itself of the benefits provided In this Act
shall. If the major part of the assistance re-
quested is based upon irrigation or the pres-
ervation and p)ropagatlon of fish and wild-
life, submit its project proposal and applica-
tion for assistance to the Secretary of the
Interior who shaU. if the request also in-
volves fiood control or navigation, transmit
a copy thereof to the Secretary of the Army
for his consideration. If the major part of
the assistance requested la based upon flood
control or navigation, the organization shall
■ubmlt its project proposal and application
to the Secretary of the Army who shall, if the
request also Involves irrigation or the pres-
ervation and propagation of fish and wild-
life, transmit a copy thereof to the Secretary
of the Interior for his consideration. Each
project proposal shall set forth, among other
things, a plan and estimated costs and bene-

fits In detail sxiflldent to permit a determi-
nation as to project economic and engineer-
ing feasibility; shall Include a showing that
the organization already holds or can ac-
quire all righte, pursuant to applicable Stata
law, to the use of water necessary for the
successful construction and operation of the
project: shall Include a proposed allocation
of capital coeta to project functions under
which coets for facilities used for a single
purpose are aUocated to that purpose and
costa for facilities uAed for more than one
purpose are so allocatted among the purposes
served that each purpose will share equitably
in the costs of such Joint faculties; shall
have been submitted for review by the State
of the drainage basin in which the project is
located in Uke manner as provided in section
1 of the Flood Control Act of 1944 (58 Stat.
887); and shall be accompanied by a pay-
ment of 91,000 to defray, in part, the cost of
examining the proposal.

Sec. 4. (a) The Secretary of the Interior,
upon determination that a requested loan for
irrigation constitutes a reasonable risk \mder
the provisions of this Act. is hereby author-
ized, after submission of his findings and
recommendation to the Congress, to nego-
tiate a contract with the applicant organiza-
tion which »hall set out among other
things —

(1) the maximum amount of the loan to
be made to the organization and the time
and method of making the same available to
the organization. Said loan shall not exceed
that portion of the estimated cost of con-
structing the project which is properly al-
locable to irrigation;

(2) a plan for (1) repayment by the or-
ganization of the amo\int lent to it within
not more than fifty years from the date when
the principal benefits of the loan first became
available, (11) repayment In the same period
of any coste incurred by the Secretary of the
Interior in making and administering the
loan which are not covered by such portion
of the prepayment of $1,000 required by sec-
tion 3 of this Act is properly attributable
to the Irrigation aspecta of the project pro-
posal, and (ill) payment of interest each year
on that pro rata share of the amount lent
which Is attributable to furnishing Irrigation
benefits In that year to lands held In private
ownership by any one owner In excess of one
hundred and sixty irrigable acres. The In-
terest rata shall be determined by the Secre-
tary of the Treasury and shall be equal to
the average annual yield to maturity (ad-
Justed to the nearest one-eighth of 1 per
centum) , on the basis of daily closing market
bid quotations or prices during the month
of May next preceding the fiscal year in
which the loan is made, on all outatanding
marketable obligations of the United States
having a maturity date of fifteen or mora
years from the first day of said ntoath of
May; and

(3) such provisions as the Secretary shall
deem necessary and proper to provide assur-
ance of and security for prompt repayment
of the loan as aforesaid and to assure that
the contemplated Irrigation bcnefita (in-
cluding, particularly, the beneflta of Interest-
free money) wUl be realized.

(b) The Secretary of the Army, upon de-
termination that any proposed allocations to
fiood control or navigation are Justified, Is
hereby authorized, after submission of his
findings and reconunendatlons to the Con-
gress, to negotiate a contract with the appli-
cant orgranizatlon which shaU set out, among
other things —

( 1 ) the mi^K''^"'" amount of any grant to
be accorded the organization with respect to
the functions aforesaid and the time and
method of paying the same to the organiza-
tion. Said grant shall not exceed those por-
tions of the estimated cost of constructing
the project which are properly aUocable to
flood control and navigation; and

(J) such provisions as he shall deem neces-
sary and proper to assure that the beneflta
upon which such grant are predicated are
attained.

(c) The Secretary of the Interior, upoo
determination that the proposed allocation
to the preservation and prop«igatlon of fish
and wildlife Is Justified. Is hereby authorized,
after submission of his findings and recom-
mendations to the Congress, to negotiate a
contract with the applicant organization
which shaU set out. among other things —

(1) the maximum amount of the grant
to be accorded the organization with respect
to the function aforesaid and the time and
method of paying the same to the organiza-
tion. Said grant shall not exceed that por-
tion of the estimated cost of constructing
the project which is properly allocable to the
preservation and propagation of fish and

wUdlife; and

(3) such provisions as he shall deem neces-
sary and proper to assure that the beneflta
upon which such grant are predicated are
attained.

Sec. 8. The liability of the United States
under any contract entered into pursuant to
this Act ShaU be contingent upon the avail-
ability of appropriations to carry out tha
same and every such contract shall so recite.

Sec. 6. There are hereby authorized to be
appropriated such sums as are necessary to
carry out the provisions of this Act: Pro-
vided. That no funds shall be approprUted
for a loan or grant under this Act, and no
contract under section 4 shall be executed,
until such loan or grant has been approved
by the Congrees.

The explanatory statement presented
by Mr. Englk is as follows:

EXPLANATOKT STATKlCXIfT

The fleld hearings conducted by the Sen-
ate Select Committee cm National Watar H«-
.•tourcce during the past year have revealed
widespread Interest throughout the ooimtry
In some means of obtaining Federal assist-
ance in multlptu-pose water projecta being
developed by municipal and local agencies.
I want to encourage cities and public dla-
tricta to make the fullest use of their wat«r
resources and to include such functions as
Irrigation, flood control, flsh and game pres-
ervation at the same time they build water
systems for domestic and Industrial use.

Accordingly, I am introducing a blU, which
the Clerk tells me again will have the iden-
tlflcatlon of 8. 13, to authorize loans by tha
United States for Irrigation development and
granta for flood control and other nonreim-
bursable functions. In connection with non-
Federal water projecta. My Callfornta col-
league. Senator Kuchkl. Is a coauthor of tUs
legislation.

EXPANSION OP SALINE WATER CON-
VERSION PROGRAM

Mr. CAIM: of South Dakota. Mr. Pres-
ident. I Introduce for appropriate refer-
ence a bill to expand and extend the
saline water conversion program under
the direction of the Secretary of the In-
terior. The bill is one which passed the
Senate in the last session of the seth
Congress. I Introduce it today for my-
self, Mr. AixoTT, Mr. B«hnitt, Mr.
Chavkz. Mr. FONO, Mr. Golbwater, Mr.
jAviTs, Mr. Kerr, Mr. Lomc of Hawaii,
Mr. McGex. Mr. Moss, and Mr. Wn-rr.
I ask unanimous consent that it may re-
main at the desk for 48 hours and that
other Senators may add their namea if
they so desire.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the bill

win lie at the desk for 48 hours as re-
quested by the Senator from South
Dakota.

The bill (S. 22) to expand and extend
the saline water conversion program un-
der the direction of the Secretary of the
InterlOT to provide for accelerated re-
search, development, demonstration, and
application of practical means for the
econcxnlcal production, from sea or oth-
er saline waters, of water suitable for
agrictdtural, industrial, municipal, and
other beneficial consumptive uses, and
foe other purposes. Introduced by ilr.
Cass of South Dakota (for himself and
other Senators) , was received, read twice
by its title, and referred to the Commit-
tee on Interior and Insular Affairs.

AMENDMENT OP COMMUNICATIONS
ACrr RELATING TO BROADCAST-
INO OF RETURNS OF PRESIDEN-
TIAL ELECTIONS

Mr. GOLDWATER. Mr. President, on
election night just past, the radio and
television stations of the eastern part of
the United States were broadcasting re-
sults of the election in precincts, cities,
and States before the !>oll8 had closed In
California and other Western States. I
think it takes imfair advantage of the
time difference in the United States.

Therefore. I have had prepared a bill
that would prohibit any radio station —
which means also television station —
from broadcasting, prior to 12 midnight
eastern standard time on the day of an
election for President or Vice President,
reports of the election in any one or more
precincts in any State.

I send the biU to the desk and ask that
It be appropriately referred.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 56) to amend the Com-
munications Act of 1934 with respect to
the broadcasting of returns of presiden-
tial elections, introduced by Mr. Gold-
water, was received, read twice by its
title, and referred to the Committee on
Interstate and Foreign Commerce.

RETIRED PERSONS MEDICAL
INSURANCE BILL

Mr. McNAMARA. Mr. President. I
again introduce my proposal for talcing
effective steps to tackle a persistent chal-
lenge to our country — the financing of
adequate medical care for the retired
aged of today and of tomorrow.

Fortunately. I am Introducing my bill
under quite different circumstances than
prevailed last year. A new administra-
tion has been elected to office on a party
platform that included the following
commitment :

The most practicable way to provide health
protection for older people is to use the con-
tributory machinery of the social security
system for insurance covering bospltal bUls
and other high cost medical services.

For those relatively few of our older people
who have never been eligible for social secu-
rity coverage, we shall provide corresponding;
beneflta by appropnatlons from the general
revenue.

The Democratic Party platform of
1960 considered this commitment a first

priority and, what is more, it became a
major theme in the campaign itself.

President-elect Kennedy himself, time
after time, made such statements as the
following :

I am convinced that only toy the use of the
social sectu'lty system can we have true
health Insurance for older people.

Mr. Presidait, the words of the Demo-
cratic platform and of President-elect
Kennedy were not motivated by political
expediency. They were based on solid
evidence, evidence which shows the great
need for health protection for our elderly
citizens, and which shows that an insur-
ance program utilizing the social security
system is the most logical way of accom-
plishing this.

As chairman of the Senate Subcom-
mittee on Problems of the Aged and
Aging I have helped to compile this evi-
dence and have taken a personal Interest
in the development of sound legislation
to meet the challenge.

It is my firm belief that the program I
introduce today does meet the challenge.

I ask unanimous consent that a de-
scription and analysis of the bill be
printed In the Record at the conclusion
of my remarks.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and without objection the de-
scription and analsrsis will be printed in
the Record.

The bill (S. 65) to provide for the pay-
ment of hospital and other health serv-
ices furnished to aged retired Individuals,
and to provide for a continuing study of
the health needs of such individuals, in-
troduced by Mr. McNamara. was received,
read twice by Its title, and referred to
the Committee on Finance.

The analysis presented by Mr.
McNamara Is as follows:
rbtixxd Pbmohs Mbdical ImnntAircB Acr

IMTBODOCKD BT SKMATOB PAT MCNAMAKA

vms I — amxndmemts to tttlx n or the

SOCIAL SBC U kit I ACT

This bill Is an amendment to title n of
the Social Sectu-ity Act to provide medical in-
surance beneflta to aged beneficiaries tmder
the OASDI program.

Section 101 (a) of the bill provides for a
new section in the Social Security Act under
which provision Is made for the pajrment of
medical Insurance beneflta to aged bene-
ficiaries under the OASDI program.

lOSICAI. DfSXTKAKCE BKNXnTS

Section aa6(a) (1) : KllgibUity for beneflta:
Retired persons eligible to OASI benefito
would be eligible for medical insurance bene-
flta under this biU if they have reached the
age of 63 for women and 66 for men.

A spouse who receives more than one-half
suppcu^ from his or her eligible spouse for a
year which began no earlier than the calen-
dar year preceding the dependent spoiue's
attainment of age 62 for women, age 65 for
men. wotUd be eUgible for medical Insurance
benefito.

An application for payment must be filed
in the form and manner, and by such per-
son as ShaU be prescribed by the Secretary of
HEW.

Section 226(a) (2) : Kinds of benefite: Med-
ical Insurance benefito are to Include hospi-
tal services, nursing home services, home
health services, diagnostic outpatient serv-
Icee, and expensive drugs.

Section 226(a) (8) : Definition of retire-
ment: The bill defines a retired OASI bene-
ficiary as (a) anyone who had total earnings

of less than $2,400 In a calendar year preced-
ing illness, or (b) anyone In the above ages
who did not earn more than $100 In wages
and was not self-employed In 8 months In a
calendar jtu preceding his Ulnees. or (e)
had attained age 72. The calendar year
could not be earlier than the calendar year
preceding attainment of age 62 for women
and 65 for men.

For purposes of the definition of retire-
ment under this section an individual shall
be deemed not to have engaged in self-em-
ployment In any month In which he renders
services in his business in leas than 8 days
during that month.

Section 226(a) (4) Amount of benefito:

Hospital services. 90 days In any calendar
year.

Recuperative ntirslng home services, 180
days.

Home health services, 240 days.

Diagnostic services to the extent estab-
lished by regulation of the Secretary of HEW
aftar study and consultation with the Ad-
visory Council.

Expensive drugs only to the extent set by
the Secretary in regulations after study of
the subject and consultation with the Ad-
visory CouncU.

This paragraph also defines one unit of
service as (a) 1 hospital day or (b) 3 days
of nursing home service or (c) 2% days of
home health services. No person can receive
more than 90 units of services of any com-
bination of hospital, nursing home, or home
health services In any calendar year.

Section 226(a) (5) Referral and recertifica-
tlon by physician : To be eligible for beneflta
.'in individual must be referred to the hos-
pital, nursing home, or home health 8er\ice
agency by a physician who certifies that such
services are required for the individual's med-
ical treatment. Periodic recertlflcatlon at
speciflc Intervals — to be established by the
Secretary — would be required as a condition
of continuing ellgibUity during the period of
Illness. Referral would not be necessary In
emergency cases.

Section 226(a)(6) Applications for pay-
ment: Applications for the payment of medi-
cal insurance beneflta, except for exj>enBive
drugs, may t>e filed no earli^' than 3 months
befcR-e or no later than 12 months after the
beginning of a period In which covered
health services were furnished. With respect
to expensive drugs, appUcation would have
to be flled within such time as the Secretary
of HEW would by regulation prescribe.

Section 226(b) Detarminations of eligibil-
ity: The Secretary would have authority to
make and review determinations of eligibility
for medical insurance beneflta. Payment of
monthly OASI beneflta other than disability
insurance beneflta would be conclusive evi-
dence of the attaiiunent of retirement age.

Section 226(c) Definitions:

1. Hospital services: These are inpatient
services including all of the regular services
provided by a hospital. Provides for seml-
prlvate acoonunodatlons. unless other ac-
commodations are required for medical
reasons, medical service, nursing and such
other services customarily provided by hos-
pitals. Does not include services provided in
connection with cosmetic or plastic surgery
for beautlficatlon.

2. Nursing home services: Thia Includes
skilled nxirsing care, related medical and
personal services and bed and board fur-
nished an individual as an Inpatient for a
condition, certified by a physician, for ^lich
the patient had been hospitalized, prior to
transfer to the nursing home.

3. Home health services: These are visiting
nurse and allied services provided by a non-
profit home health service agency in the
patient's home. They include various kinds
of therapies, medical social services, and
homemaker services.

176

CONGRESSIONAL RECORD — SENATE

Jarmary 5

' ii

f

M

4. DUgnostlc outi>*tient Mrvlces: These
an X-Tsy. laboratory, and other dlagnosUc
Mrrlees provided by a hospital on an out-
pftttent baala as pr«*arlbed by a i^ysiclan.
5 Expensive dnigs: These refer to drugs
prescribed by a physician using generic
names. Including drugs for repeated use over
a period of time, and the cost of which U
In excess of an amoiint fixed by the Secre-
tary.

a^rtlon 226(d)(1) Agreements wtth pro-
viders of health services:

This paragraph provides that the Secre-
tary shall publish lists of hospitals, nursing
homes, and home health service agencies,
licensed pvirsuant to State Uw. which meet
standards prescribed by him. Such Institu-
tions are eligible for payment unler this sec-
tion If an agreement to make no charge to
eligible Individuals for covered services Is
IU«I with the secretary. This paragraph
provides that the Secretary may take ac-
count of standards set by nationally recog-
nlaed accrediting bodies. He may also dele-
gate responsibility to appropriate State
agencies to assist In determining whether
standards are being met.

Agreements may be terminated by pro-
viders or by the Secretary under regulations
to be established.

Services furnished by mental and tuber-
culoalc hospitals are excluded.

(d)(2) Payments may be made to hos-
pltaU not listed by the Secretary for emer-
gency services furnished to eligible persons,
(d) (3) Payments to hospltaU for hospital
service and outpatient dlagnosUc service
would be equal to the cost of rendering
the service, and the method of determining
such cost shall be prescribed by regulations
after consxiltaUon with the Advisory Coun-

GlL

(d) (4) No payments can be made for hos-
pital services where the patient is entlUed to
hospitalization under workmen's compensa-
tion legislation, except in special situaUons
where enUUement under workmen's compen-
sation has not been finally determined and
arrangemenU have been made for reimburse-
ment of the trust fund If the claim under
workmen's compensation law la sustained.
No payment can be made for hospital serv-
ices If the hospital Is obligated by law or by
contract with a political entity to furnish
service at public expense and without em-
ploying a means test.

(d) (5) Payment to nursing homes and for
home health services shall be based on the
reasonable cost of rendering service.

(d) (6) This paragraph provides for the
payment of only that part of the cost of ex-
pensive drugs which exceeds the amount
fixed by the Secretary. Payment Is to be
based on reasonable cost of the driigs. plus
such percentage as may be determined by
the Secretary after consultation with the
Advisory CouncU to provide adequate com-
pensation to the pharmacy for Ito services
In furnishing the drugs. Payment may be
made to any licensed retail pharmacy which
has entered Into an agreement with the
Secretary.

(d)(7)-(9) No interference In administra-
tion: This is a definite sUtement — that no
supervision or control over the administra-
tion or operation of any agency which has
entered Into an agreement with the Secre-
tary under this section Is permissible.

(d)(10) Payment for covered services
would be made from the Federal Medical
Insurance Trust Fund.

SxcnoN 2«C. (e) Free choice by patient:
This subsection asserts the absolute free
choice of an Individual to secure hospital
services, nvirslng home services, home health
services, or diagnostic services, from any fa-
clUty which he selects and wliich is listed by
the Secretary as eligible to provide the class
of services. It also asserts that he may obtain

expensive drugs from any pharmacy which
has entered Into an agreement with the Sec-
retary.

Section 2a« (f)(1) Creation of National
Medical Insurance Benefits Advisory Council:
ThU section provides for the creation of the
National Medical Insurance BeneflU Ad-
visory CtouncU composed of the Commis-
sioner of Social Security and the Surgeon
General of the Public Health Service as co-
chairman, and 12 members appointed by the
Secretary. 4 of whom would be representa-
tives of the general public, and the remain-
ing members outstanding people in the hos-
pital and health field. Each Is to have a
term of 4 years on a staggered basis. The
Advisory Council is authorlaed to appoint
special committees for particular purposes
and wUl meet as neoasary, but not less than
once a year. .. ^ . ,

(f ) (2 ) . The Advisory Council or a technical
committee appointed by the CouncU woiUd
tiave the duty of studying the operation of
this section of the act.

Section 226(g)(1). Use of private, non-
profit organisations: It is within the discre-
tion of the Secretary to use the services of
private, nonprofit organisations In the ad-
ministration of this section of the act.

(g)(2). Method of payment for health
services: PaymenU to participating private,
nonprofit organizations for costs Incurred
In the administration of the program, and as
reimbursement for amounts paid to providers
of service, would be made from the Federal
naedical insurance trtist fund.

Section 101(b) of the bUl— Creation of
Federal medical Insurance trust fund: This
section creates the Federal medical Insur-
ance trust fund In addition to the OASI trust
fund and the disability trust fund. It pro-
vides for the allocation of a specified por-
tion of social security taxes to this new trust
fund. The section authorises for fiscal year
ending June 30, 1962. to December 81, 1971.
appropriations to the medical tnist fund of
revenue derived from a one-half of 1 per-
cent increase In the OASI tax, three-fourths
of 1 percent beginning January 1. 1972. On
self-employed the tax would be three-eighths
of 1 percent until January 1, 1972, and nine-
sixteenths of 1 percent thereafter.

Section 101(c) of the blU seU forth the
phasing schedule with respect to the effective
dates of the various benefits.

Hospital services: Not earlier than July 1.
1962. or later than January 1, 1963.

Nursing home services: Not earlier than
January 1, 1964. or later than July 1, 1964.
Home health services: Not earlier than
January 1, 1963, or later than July 1, 1968.
Diagnostic outpatient services: Not earlier
than July 1, 1962, or later than January 1.
1963.

Very expensive drugs: Not earlier than
July 1, 1968, or later than January 1, 1964.

this scotion: i.e.. retired persons not eligiUe
for OASI benefiU. i^H?roprlatlons would
come out of general revenues.

Section 1603: Payments made under this
title would be made from the Federal medleai
Insurance tmat fund.

Section 1604 : This section excludes Those
eligible to an annuity or pension under the
Railroad Retirement Act; those eligible to re-
ceive an annuity \mder the ClvU Service Re-
tirement Act and their sixjusea; physicians;
those eligible to receive annuities under
State and local retirement systems which
wer« covered by OASI. However, Mtle IV of
the bill Is a declaration of policy which
states that it is the intent of the Congress to
Ti,<«k<. svailable. as so(» as possible, to those
receiving railroad retirement and civil serv-
ice retirement annuities the same type of
services made a'-ailable by this act to those
receiving OASI benefits.

Title m: Amends appropriate sections of
the Internal Revenue Code of 1954 so that
the total social security tax can Include the
additional tax authorized in title I ot thU

bUl.

Title rV, section 401: This section Is a
declaration of policy by the Congress to In-
clude as soon as possible persons receiving
annuities under Rallrocul Retirement Act
and Civil Service Retirement Act.

Section 402. Research and demonstration
on health needs: This section directs the
Secretary to conduct a continuing study and
Investigation of the health needs of older
Individuals and the means for meeting these
needs most effectively and efllclentiy. It
also authorizes appropriate dwnonstratlon
programs in this field.

TTTu: n — MSxncAL BENcrrra ro« xmaxD acid

MOT KUaiBIJC FOB SXKTH BUiSFllS TTItDSB
TTTLS I or THIS ACT

This tiUe creates a new title XIV In the
Social Security Act to provide medical bene-
fits for those aged persons not eligible for
benefits under the OASI program.

Section 201(a) of the bill amends the
Social Sectfflty Act by adding a new title.

Section 1601(a) provides that persons not
eligible for OASI benefits may be eligible for
medical Insurance benefits if they are resi-
dents of the United States, have attained re-
tirement age and meet the retirement test as
provided m section 226 of title n of the act.
The amount and kind of benefits payable
and the conditions under which they would
tie paid are the same as provided in section
226 of the act.

Section 1602: This section authorises ap-
propriations to the Federal medleai insur-
ance trust fund necessary to meet payments
tor persons tiiglble to receive benefits imder

CXMJSTRUCnON OF THE BURNS

CREEK DAM AND POWERPLANT IN

BONNEVILIiE COUNTY. IDAHO

Mr. CHURCH. Mr. President, In the

86th Congress and in the 85th Congrees,

my senior colleague and I were Joined in

the sponsorship of leflrislation which

would authorize the construction of the

Bums Creek dam and powerplant in

Bonneville County, Idaho.

Bills to accomplish this purpose were
passed in this body in each of these ses-
sions and once again, on behalf of myself
and my senior colleague from Idaho, I
introduce it for appropriate reference.
The bill which we are introducing had
the support of the Interior Department
and the Bureau of the Budget. I am
sure that it will have this support from
the new administration and I am hope-
ful that once again, the Senate can act
favorably up<Mi it.

The Bums Creek dam and reservoir
and powerplant would be located on the
Snake River in Bonneville County.
Idaho, about 30 miles downstream from
Palisades Dam. It would be integrated
electrically, hydraulically, and financial-
ly with the existing Palisades reclama-
tion project. The prime purpose of this
development is reregulation of releaaes
from Palisades, but in addition 100,000
acre-feet of its 234,000 acre-feet of res-
ervoir capacity will be available for
long-term holdover irrigation storage
and a 90,000 -kilowatt powerplant will be
built. The holdover storage would in
effect provide insurance water to be used
duriiig extreme drought periods. All of
it has been contracted for use on the ir-
rigated acres along the Snake River up-
stream from Bliss. Idaho, by the users

f*

iMi

1961

CONGRESSIONAL RECORD — SENATE

1T7

who heretofore have contracted for
Palisades water.

The reregulation of Palisades releases
will make possible an integrated opera-
tion which will more than double the
prime power output from the Palisades
powerplant alone. A very favorable cost
benefit ratio has been reported.

The bill has the virtually unanimous
support of the water users, the power
\isers and all other interested parties in
the State of Idaho.

When we Joined in Uie introduction of
this bill on January 14, 1959, 1 said:

I know of no project which Is so well able
to stand on its own merits as this one. not.
only in terms of the supplemental iirlga-"^
Uon benefits, but also in terms of the power
it will produce, as well as in fiscal terms. It
wUl not be a cost to the Federal Government.
Bather, It wUl be an additional Investment
in the development at reclamation and re-
lated purposes which will more than repay
the Treasury with interest, from power reve-
nues alone, within a reasonable pay-out
period.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred.

The bill (S. 66) to autboriae the Sec-
retary of the Interior to construct, op-
erate, and maintain a reregulating reser-
voir and other woiks at the Bums Creek
Site In the upper Snake River Valley,
Idaho, and for other purposes, intro-
duced by Mr. CHuacH (for himself and
Mr. DwossHAK), was received, read
twice by its ttUe, and referred to the
committee on Interior and Insular Af-
fairs.

EXPANSION OF SALINE WATBR
CONVERSION PROGRAM

Mr. EHOLE. Mr. President, I intro-
duce, for appropriate reference, a bill to
expand and extend the saline water con-
version program under the direction of
the Secretary of the Interior to provide
for accelerated research, development,
demonstration, and application of prac-
tical means for the economical produc-
tion, from sea or other saline waters, of
water suitable for agrlciiltural, indus-
trial, mimlcipal. and other beneficial
consumptive uses, and for other pur-
poses. I ask unanimous consent to have
the bill printed in the Recokd at this
point.

The PRESIDENT vro tempore. The
bill will be received and awropriately
referred; and, without objection, the bill
will be printed in the Record.

The bill (S. 100) to expand and extend
the saline water conversion program
under the direction of the Secretary of
the Interior to provide for accelerated
research, development, demonstration,
and application of practical means for
the economical pi*oduction. from sea or
other saline waters, of water suitable for
agricultural, industrial, municipal, and
other beneficial consumptive uses, and
for other purposes, introduced by Mr.
Englk, was received, read twice by its
title, referred to the Committee on In-
terior and Insulsa- Affairs, and ordered
to be printed In the Recobd, as follows:

Whereas a serious problem exists in many
areas of the country today because natural

fresh water supplies have remained relatively
constant while population and the consump-
tion of fresh water have Increased tremen-
dously;

Whereas the areas In which water short-
ages exist may be expected to increase at an
alarming rate if reliance Is placed solely upon
natural fresh water supplies;

Whereas as the limit of the natural fresh
water supplies is approached, this country
wUi become increasingly dependent upon the
conversion of salt and brackish waters for its
supplies of water suitable for agricxiltural,
industrial, municipal, and other beneficial
consumptive iises;

Whereas the Federal Government has been
conducting a limited program to develop
lower cost means of converting saline waters
into water suitable for beneficial consump-
tive purposes;

Whereas although some significant prog-
ress has been made xinder that program, the
answers to low-cost conversion of saline
waters have not been found as yet;

Whereas a considerable expansion of a co-
operative Federal program of research, de-
velopment, and demonstration, and of aid to
public bodies in practical application, could
yield enormous dividends to the Nation in
terms of lowered saline water conversion
costs and new suppUes of beneficial water
to a growing number of needy areas: and

Whereas the future well-being and de-
velopment of this country. Its civil and mili-
tary defense. Its world prestige, and the well-
l>eing of its friends and allies in the free
world, require a sharp acceleration of the
national effort to develop low«' cost methods
of converting sea or other saline waters into
water suitable for beneficial consumptive
uses : Now, therefore.

Be it enacted by the Senate and House of
Bepretentativea of the United State* of
America in Congress assembled. That the Act
at July 8. 1062, as amended (42 U.8.C. 1961-
1958) , is amended to read as foUows:

"TTTUI I — SALIKB WAIXt RESSABCH Atn D«-
VELOPBIINT

"PoliCif and purpose
"SBC. 101. In view of the acute shortage
of water in many areas of the Nation, and
in recognition of the Increasing Importance
of fl Tiffing new sources of supply to meet
the present and future water needs of this
coimtry, the Congress reaffirms and declares
Its policy to assist In the development of
practicable low-cost means of producing,
from sea or other saline waters, water of
a quality suitable for agricultural, Indxistrlal.
municipal, and other beneficial consxm^iptive
uses on a scale sufficient to determine the
feasibility of the development of such pro-
duction and distribution on a large scale.

"Administration

"Swc. 102. The provisions of this Act shall
be administered by the Secretary of the In-
terlOT (hereinafter referred to in this title
as the 'Secretary') acting through such agen-
cies of the Department of the Interior as
he deems appropriate.

"Functions

"Sxc. 108. (a) Studxss and Research. — The
Secretary shall conduct research and make
careful engineering studies to ascertain the
lowest investment and operating costs and
the best designs and conditions of operation
to accomplish the purposes of this Act. Such
research shall Include, but not be limited to
(1) the use of small conversion units. (2)
methods of exUaction and use of byproducts.
(3) an evaluation of various materials for
use in construction, and of types of com-
ponents and equipment, (4) methods of
overcoming or lessening corrosion, (5) the
use of atomic energy in conversion systems.
(6) methods of preventing scale. (7) the de-
velopment of Improved membranes, and (8)

the advancement of sdentiflc data on ther-
modynamics, polarization, properties of so-
lutions. Ion exchange, absorption, and brine
disposal. In connection with studies to as-
certain the lowest investment and opo^ting
costs, the Secretary shaU consider and eval-
uate methods for the recovery and marketing
of byproducts resulting from and incident to
the production of water by the conversion
of sea and other saline waters for the purpose
of ascertaining tixe poesibUitles of offsetting
the costs of water production in any area
by the commercial utilisation of such by-
IM-oducts.

"(b> Process Devxlopicknt. — The Secre-
tary shall conduct technical development
work to determine the results of research by
laboratory and pilot plant testing with a
view to developing processes to the point
where they can be demonstrated on a large
and practical scale. Such development work
shall include the laboratory ac pilot plant
testing of saline water conversion processes,
including (1) distillation processes. (2)
freezing processes, (3) membrane and ion-
exchange processes. (4) solar distillation
processes, and (5) other promising processes,
such as gas hydrates and solvent extraction.
The Secretary shall also, subject to the pro-
visions of section 105, undertake the labor-
atory or pilot plant testing of saline water
conversion systems suitable for civil defenise
piuiKjses.

"(C) iNVXSnOATION, COOSOmATIOK, AMO

Correlation of SciENnnc Data. — The Sec-
retary shall, with a view to obtaining and
making available the most advanced in-
formation concerning saline water conver-
sion developments —

" ( 1 ) assemble and maintain pertinent and
current scientific literature, both domestic
and foreign, and issue periodically bibU-
ographlcal data, with respect to such liter-
ature;

"(2) cause on-site lnspecti<ms to be made
of promising projects, domestic and foreign,
and cooperate and participate insofar as
practicable, in their development;

"(8) pn-ovide for the calling of, and send-
ing representatives to, national and interna-
tional conferences relating to saline water
conversion;

"(4) stimulate, by grant or otherwise,
pioneering research In matters relating to
saline water conversion by educational insti-
tutions, scientiflc organizations, and indus-
trial and engineering firms; and

"(6) cotH^nate, correlate, and publish in-
tarmBtiaa obtained with a view to advanc-
ing the develc^unent at low-cost saline water
conversion projects.

"(d) Economic Stttdiks. — ^Wlth a view to
clarifying the economics of saline water con-
version and thereby stimulate development,
the Secretary shall undertake economic
studies and market stirveys to determine ( 1 )
present and prospective comparative costs of
natural fresh water, and potable water by
the leading saline water conversion processes
in various, representative areas, and (2)
present and prospective markets for saline
water conversion equipment.

"Powers

"Ssc. 104. (a) In carrying out his func-
tions under section 103, the Secretary may —

"(1) acquire, by purchase, license, lease,
or donation, secret processes, technical data,
invention, patent appUcationa, patents, li-
censes, land and any Interest in land (In-
cluding water rights, easemsnts, and lease-
hold interests), plants and facilities, and
other property or rights: Provided, That the
land or other property acquired hereunder
Shall not exceed that necessary to carry out
experiments and demonstrations authorlaed
by this title;

"(2) make research grants to and enter
into noncompetitive contracts with any edu-
cational institution, sdentlfio organisation.

cvn-

-12

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178

CONGRESSIONAL RECORD — SENATE

January 5

M

or Induttrtal or englneetiog flrm deemed
gmtable to do any part of the research or
othv work to be carried out under this title;

"(8) aoqtdre the aerrloee of chemists.
phyaldsta, engineers, and such other person-
nel aa may be deemed necessary;

"(4) utlllae the facilities of existing Fed-
eral sctontiflc Uboratoriee;

"(5) establish and operate a central labora-
tory and test site, serving both sea and
brackish water, for the purpose of conduct-
ing the continuous research, testing, de-
velopment, and programing necessary to ef-
fectuate the purposes of this title;

"(0) negotiate contracts with any States,
terrltoriea, possessions, political subdivisions
oe agencies thereof, or publicly owned utili-
ties organizations, hereinafter called organi-
sation, for use of organization's saline water
conversion plant facltltles to further the sea
and brackish water conversion research and
demonstration progi'am; and

"(7) evalxiate lofui applications made by
any State or political subdivision or agency
thereof, or publicly owned pubUc utility
organization to the Housing and Home
Finance Agency for the construction of saline
water conversion plants for the purpose of
certifying to said Agency the reliability and
economic potential of the proposed process,
and to make such reconunendations as may
be necessary as to engineering, design, and
capacity of said plant.

"(b) All research within the United States
which has been contracted for. sponsored,
cosponsored or authorized under authority
of this Act, shall be provided for in such a
manner that all information, uses, products,
processes, patents, and other developments
resulting from such research developed by
Government ezpendltiu'e will (with such
exceptions and limitations, U any, as the
Secretary may find to be necessary in the
interest of national defense) be available to
the general public.

"This subsection shall not be construed as
to deprive the owner of any background pat-
ent relating hereto of such rights as he may
have theretinder.

"Cooperation with other agencies

"Sic. 108. The Secretary shall, in carrying
out the purpoeen of this title, cooperate with
other Federal, State, or miiniclpal depart-
ments, agencies, or instrumentalities, and
with Interested persons, firms. Institutions,
and organizations. Research activities under-
taken by the Secretary shall be coordinated or
conducted Jointly with the Department of
Defense to tbe greatest practicable extent
compatible with military and secvuity limi-
tations to the end that research and de-
velopments under this title which are prl-
nuurlly of a civil nature will contribute to the
defense of the Nation, and that research and
developments In the same field which are
primarily of a military nature and are con-
ducted by the Department of Defense will be
made available to advance the purposes of
this title and to strengthen the civil economy
of the Nation. Similarly the fullest coopera-
tion by and with the Atomic Energy Ckmi-
mission and the Civil Defense Administra-
tion in research shall be carried out in the
interest of achieving the objectives of this
title.

"Disposal of water and byproducts

"Sec. 106. The Secretary Is authorized, for
the sole purpose of this title, to dispose of all
water and other products produced as a re-
sult of his operations under this title pur-
suant to regulations prescribed by him.
Nothing in this title shall be construed to
alter existing law with respect to the owner-
ship and control of water.

"Diaposition of money

"Sic. 107. All moneys received for prod-
ucts of the plants under this title shall be
paid into the Treasury as miscellaneous re-
ceipts.

"Reporta

"Sac. 108. The Secretary shall make reports
to the President and the Congress at the
beginning of each regular session of the ac-
tion taken or instituted toy him under the
provisions of this title. Any such report
may include suitable recommendations for
further legislation.

"Rules and regulations

"S»c. 109. The Secretary may issue rules
and regulations to effectuate the purposes
of this title.

"Authorization for appropriations

"Skc.110. There are hereby authorized to
be appropriated any unappropriated funds
authorized by the Act of July 3, 1052 (80
Stat. 328), as amended (42 U.S.C. 1951), and
such additional sums not exceeding 120,000,-
000, as may be required to carry out the
provisions of this Act during the fiscal years
1961-1965, inclusive, with such funds to
remain available until expended: Provided,
That not to exceed 10 per centum of the
funds available In any one year for re-
search and development may be expended
in cooperation with public or private agen-
cies in foreign countries in the development
of processes useful to the program In the
United States: ATid provided further, That
contracts or agreements made with public
or private agencies In foreign countries shall
provide that the results or Information de-
veloped in connection therewith shall be
available without cost to the United States
for the use of the United States throughout
the world and for the use of the general
public within the United States.

"nrus n — financial assistancx loa thx con-

8TBX7CTION OF CONVKBSION PIJiNTS

"Declaration of policy

"Sbc. 201. It is the pxirpoee of this title
to stimulate the construction of plants for
the production, from sea water or brackish
water, of water that is sulUble for munici-
pal or other beneficial consumptive uses,
and thereby make maximiun use of the re-
search for the development and utilization
of saline waters that is authorized by title
I of this Act. and maximum use of the dem-
onstration plant program authorized by the
Act of September 2, 1958 (72 Stat. 1706).

"Applications for financial assistance

"Sec. 202. (a) Any State, or political sub-
division or agency thereof, or publicly owned
public utility organization (any such entity
being hereinafter referred to as 'organiza-
tion') may submit to the Secretary of the
Interior, in such form as the Secretary may
prescribe, an application for a loan, or an
offer to sell to the United States securities
of the organization, to finance the design
and construction of a plant to produce, from
sea water or brackish water, water that is
suitable for municipal, industrial, domestic,
or other beneficial consumptive use.

"(b) Any application for a loan or offer
to sell securities hereunder shall Include a
sliowlng that the organizatlcm (1) holds or
can acquire, pursuant to State law, all lands
and interests in land, and rights to the use
of water, which are necessary lor the success-
ful construction, operation, and mainte-
nance of the plant, and (2) is ready, able,
and willing to finance by other means the
portion of the cost of design and construc-
tion that is not covered by the loan applica-
tion or offer to sell securities.

"(c) No application fCH- a loan or offer to
sell securities under this section shall be
made In an amount which exceeds 90 per
centum of the estimated cost of design and
construction (exclusive of land and water
ooets), or $1,000,000, whichever is smaller.

"(d) As used In this section, the term
'State' Includes any of the several States of
the United States, the Commonwealth of
Puerto Rico, and any of the territorial pos-
sessions of the United States.

"Butymittal to Congress
"Sic. 203. (a) If the Secretary of the In-
terior approves an application or offer sub-
mitted under section 202. after finding that
the proposed construction is feasible and
that the loan or purchase of securitias would
be a reasonable risk, he shall transmit to tha
Congress the application or offer, his ap-
proval, and hU findings.

"(b) No appropriation shall be made for a
loan to, or a purchase of sec\u-itles from, the
organization prior to sixty calendar days
(which sixty days shall not include days on
which either the House of Representatives or
the Senate is not in seasioa because of an
adjournment of more than three calendar
days to a day certain) from the date on
which the Secretary's findings and approval
are submitted to the Congress and then only
if, within said sixty days, the Congress does
not disapprove the application or offer by
concurrent resolution.

"Terms applicable to loans or purchases

"Sac. 204. Klther concurrently with tha
submission to Congress of an application or
offor. or after the time for congressional dis-
approval has expired without the adoption
of a resolution of disapproval, the Secretary
of the Interior may negotiate and execute an
agreement with the organization which shall
set out, among other things:

"(1) the maximum amount of the loan or
the sectirlties to be purchaaed;

"(2) the time and method fen- making tha
money available to the organization;

"(3) a plan for the repayment of the loan
in not more than forty years In periodic In-
stallments that need not necessarily be tn
equal amounts, and for the payment of In-
terest on unamortlaed balances, beginning
three months after the plant first commences
operation, at a rate determined by the Secre-
tary which shall not exceed the average rate
of interest computed as of the end of the
calendar month next preceding the date on
which such loan is made, borne by all out-
standing Interest-bearing marketable pub-
lic debt obligations at the United States hav-
ing a maturity date of fifteen or more years.
adjusted to the nearest one-eighth of 1 per
centum; or, in the case of an offer to sail
securities, a plan of redemption that is con-
sistent with the foregoing requlremenU witb
respect to a loan;

"(4) provisions for assuring and securing
the prompt repayment of the loan and in-
terest or for the redemption of the securities;
and

"(5) provisions making the liability of the
United Statss under tbe agreement con-
tingent upon the availability of appropria-
tions for the purpoae.

"Use of plants for which assistance is
extended

"Sbc. 206. Notwithstanding any other pro-
vision of law. the Secretary of the Interior is
authorized to contract with a borrower under
this title for the use of the borrower's plant
facilities to further the research and demon-
stration programs authorized by title I of
this Act. and the Act of September 2, 1058
(72 Stat. 1706). and to provide in the con-
tract for a credit on the organization's loan,
«: tar a cancellation of its securities, in an
amount up to 26 p^ centum of the original
amount thereof as compensation to the bor-
rower for the use nuule of its facilities in con-
nection with such programs.

"VnavailatHlity of other flnaneing
"Sec. 206. No loan or purchase of sectiritlea
shall be made pursuant to this title if the
Secretary determines that In his Judgment
the organization can obtain funds on reason-
able terms from other sources.

"Authorization for appropriations

"Sec. 207. There are authorized to be ap-
propriated such sxuns. not to exceed
$20,000,000 In the aggregate, as may be nee-

1961

CONGRESSIONAL RECORD — SENATE

179

eaaary to caiTy out the provisions of this title,
and any such appropirlation shall remain
available untU expended."

COMMISSION TO STUDY METHODS
OP NOMINATINO AND ELECTINa
PRESIDENT AND VICE PRESIDENT
Mr. ENGLE. Mr. President, I intro-
duce, for appropriate reference, a bill to
establish a Commission To Study and
Propose Improvements in the Methods of
Nominating and Electing the President
and Vice President.

The 1960 election, with its close popu-
lar vote and the uncertainties concern-
ing electors in some of the States, has
focused renewed and widespread atten-
tion on the electoral college system and
brought demands for its abolition or re-
form. My bill would create an 11-mem-
ber Commission, appointed by the Presi-
dent frwn among experts in private life,
without regard to poUtical affiliation.
The Commission would submit its find-
ings to Congress by the beginning of the
next session, in ample time for legislative
action before the 1964 Presidential elec-
tion. This approach would give Congress
the benefit of the thinking of some of
the best minds on the subject of electoral
reform. Its members could apply to the
complicated problem the kind of study
and concentrated attention which it

requires.

I ask unanimous consent that the bill
be printed in the Record.

The PRESIDING OFFICER (Mr. GoM
in the chair). The bill will be received
and appropriately referred; and, with-
out objection, the bill will be printed in
the Record. , ^

The bill (8. 102) to establish a Com-
mission To Study and Propose Improve-
ments in the Methods of Nominating and
Electing the President and Vice Presi-
dent, introduced by Mr. Engle, was re-
ceived, read twice by its title, referred
to the Committee on Rules and Admin-
istration, and wdered to be printed In
the Record, as follows:

Be tt enacted by the Senate and House of
Representatives of the United States of
America in Confess assembled. That there Is
hereby established a commission to be
known as the CommlBsion on the Presidential
Electoral System (hereinafter referred to
as the "Conunlssion") .

KzmcRSHir

Sac. 2. (a) The Commission shall be com-
posed of eleven members appointed by the
President from individuals tn private life,
chosen without regard to political afttliatlon.

(b) Any vacancy In the Commission shall
not affect its powers, but shall be filled in
the same manner In which the original ap-
pointment was made.

(c) The Commission shall elect a Chair-
man and a Vice Chairman from among its

members.

(d) Five members of the Commission shall
constitute a quorum.

IHJTUa

Sac. 3. (a) It shaU be the duty of the Com-
mission to make a fuU and complete study
and investigation to determine what changes,
if any, should ba made in the existing
method of nominating and electing the
President and the Vice President. In the
course of such study and investigation the
Ccmunlssion shaU consider any proposals that
have been suggested for modification of the
existing method of the selection of candi-

dates for. and the election of. President and
Vice President, and any other matt«« relat-
ing to the nominating and electoral proc-
esses which the Committee may deem it ad-
visable to consider.

(b) Not later than the l)eginnlng of the
second regular session of the Eighty-seventh
Congress the Commission shall submit to the
President and to the Congress a complete re-
port of the results of iU study and Investiga-
tion, together with such recommendations as
it deems desirable.

rcvxaa

Sec. 4. (a) The Commission may, in
carrying out this Act. sit and act at such
times and places, hold such hearings, take
such testimony, administer such oaths, pro-
cure such printing and binding, and make
such expenditures as the Commission deems
advisable. Any member of the Commission
may administer oaths or affirmations to wit-
nesses appearing before the Commission.

(b) The Conunlssion shall have the power
to appoint and fix the compensation of such
personnel as it deems advisable, in accord-
ance with the provisions of the civil service
laws and the ClaEslficatlon Act of 1949, as
amended. The Commission may also pro-
cure, without regard to the civil service laws
and the Classification Act of 1949, as amend-
ed, temporary and Intermittent services to
the same extent as is authorized for the de-
partments by section 16 of th« Act of August
2, 1946 (60 SUt. 810), but at rates not to
exceed $50 per diem for individuals.

(c) Service of an individual as a member
of the Commission or employment of an in-
dividual by the Commission as an attorney or
expert, on a part- time or full-time basis, with
or without compensation, shall not be con-
sidered as service or employment brlngtag
such Individual within the provisions of sec-
tions 281. 283. 284. 434, or 1914 of UUe 18 of
the United States Code or section 190 of the
Revised Statutes (6 UJS.C. 99) , or of any other
Federal law imposing restrictions, requlre-
menU, or penalties in relation to the employ-
ment of persons, the performance of services,
or the pajrment or receipt of compensation In
connection with any claim, proceeding, or
matter involving the United States.

(d) The Commission is authorized to se-
cure directly from any executive department,
bureau, agency, board, commission, office, in-
dependent eatabllshment, or instrumentality
of the Federal Government information, sug-
gestions, estimates, and statistics for the
purposes of this Act; and each such depart-
ment, bureau, agency, board, commission, of-
fice, establishment, or Instrumentality la
authorized and directed to furnish such in-
formation, suggestions, estimates, and statls-
tics directly to the Clommlsslon, upon request
made by the Chairman or Vice Chairman.

COBCFKNaATION OT M«Ma«»W

Sac. C. The members of the Commission
BhaU receive $50 per diem when engaged in
the perfcn-mance of duties vested in the
Commission, and in addition shall be re-
Imbvu-sed for travel, subsistence, and other
necessary expenses incurred by them in the
performance of such duttaa.

Sac. 8. There are hereby authorized to be
appropriated such evans as may be neces-
sary to carry out this Act.

EXPIRATION

Sac. 7. The Commission shall cease to exist
thirty days after the submission of the re-
port provided for to section 8(b).

AtBURN-FOlJSOM SOUTH UNIT,
AMERICAN RIVER DIVISION, CEN-
TRAL VALLEY PROJECT. CALI-
FORNIA

Mr. ENGLE. Mr. President, the Cen-
tral Valley project in California is one of

the great reclamation projects of our
time. It has a long history of successful
operation and profitable repayment. It
is a constantly growing project to meet
the expanding water and power needs
and the rapidly increasing population of
the Sacramento and San Joaquin
Valleys.

The next logical addition to the Cen-
tral Valley project Is the Aubum-Polsom
South unit of the American River di-
vision. I am introducing a bill today to
authorize the construction of that imit.
I wish to point out that the engineering
reports on the Auburn Dam and power-
plant and on the Folsom South Canal
have been completed by the Bureau of
Reclamation and combined into one re-
port by the Department of the Interior
for current review by State and Federal
agencies. The report will reach the Con-
gress this spring. The need for the
Folsom South Canal to serve lands in
Sacramento and San Joaquin Counties is
urgent. Ultimately the Auburn Reser-
voir will be required to supply the water
for the Folsom South Canal. Electric
energy from the Aubvim powerplant is
needed as soon as possible in the Central
Valley area.

The Aubum-Folsom South unit is a
logical and feasible addition to the Cen-
tral Valley project.

I ask unanimous consent that the bill
may be printed in the Record.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred: and, without objection, the bin
will be printed In the Record.

The bill (S. 103) to authorize the Sec-
retary of the Interior to construct, oper-
ate, and maintain the Aubum-Polsom
South unit. American River division,
Central Valley project, California, under
Federal reclamation laws, introduced by
Mr. Ehgle (for himself and Mr. Kuchel) ,
was received, read twice by its title, re-
ferred to the Committee on Interior and
Insular Affairs, and ordered to be
printed In the Record, as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That, for
the principal ptupose of increasing the sup-
ply of water available for Irrigation and other
beneficial uses In the Central VaUey of Cali-
fornia, the Secretary of the Interior. acUng
pursuant to the Federal reclamation laws
(Act of June 17, 1902, 82 Stat. 888, and Acts
amendatory thereof or supplementary there-
to), Is authorized to construct, operate and
maintain, as an addition to, and an Integral
part of, the Central VaUey project, Cali-
fornia, the Aubum-Folsom South unit,
American lUver division. In general accord-
ance with plans of the Department of the
Interior prepared pursuant to the Act of
October 14, 1949 (63 Stat. 862) and adopted
by the Secretary of the Interior on Decem-
ber 8, 1960. The works authorised to be con-
structed shall consist of —

(1) the Auburn Dam and Reservoir, a
major storage reservoir having a storage ca- _
paclty of approximately one mmion acre-
feet, to be constructed on the American River
near the city of Auburn. California;

(2) a hydroelectric powerplant at Auburn
Dam with a generating capacity of approxi-
mately one hundred and sUty thousand Idlo-
watta and neoeaaary electric transmlaaton
syston for inter-oonnectlon with the Oemtral
VaUey project power system;

(3) a reservoir ot reservoirs with neceaaary
diversion works, conduits, and other ap-
purtenant works of adeqxiate capacity for the

m

180

CONGRESSIONAL RECORD — SENATE

Janvxiry 5

Hi

delivery of water supplies to approximately
16,000 acres of the Forest HIU Divide area In
Placer County:

(4) Folsom South Canal and related oper-
ating structures. Including pumping plants,
regiilatlng reservoirs, floodways, channels,
lereM, and other appurtenant works for the
diversion and conveyance of water of the
Aznnican River from an appropriate point
upstream of Nimbus Dam on said river to
such point In San Joaquin County as the
Secretary of the Interior determines will best
serve the needs of Sacramento and San Joa-
quin Counties, and In the construction of
such canal and related operating structures,
the Secretary Is authorized to provide, In such
manner as he deems necessary and economi-
cally feasible, for the futiure construction of
the east side division of the Central VaUey
project, now under study as a means of pro-
viding supplemental water on the east side
of the Southern San Joaquin Valley;

(5) Folsom-Malby Canal with necessary
pumping plants and a regulatory reservoir
of approximately twenty-five thousand acre-
feet, located near Malby Crossing on Carson
Creek six miles south of Folsom, California.
to serve approximately ten thousand acres
of land below an elevation of five himdred
feet lying In Sacramento and SI Dorado
Counties, f

S«c. a. Subject to the provisions of this
Act, the operation of the Auburn-Folsom
South unit, American River division, shall be
Integrated and coordinated, from both a
financial and an operational standpoint, with
the operation of other featxires of the Cen-
tral Valley project, as presently authorized
and as may In the futiue be authorized by
Act of Congress, In such manner as will
effectuate the fxUlest, most beneficial, and
moet economic utilization of the water re-
sources hereby made available. The Auburn
Dam shall be operated for fiood control In
accordance with criteria established by the
Secretary of the Army as provided for In sec-
tion 7 of the Flood Control Act of 1944 (68
Stat. 887) . Minimum basic facilities may be
provided for the accommodation of the visit-
ing public at Aubxu"n Reservoir and Its shore-
land If responsible local Interests agree to
assume the operation and maintenance
thereof. The costs of such facilities shall be
nonreln\bursable and nonreturnable.

Sao. 3. In locating and designating the
works authorised for construction by the
first section of this Act, the Secretary of
the Interior through the Conunlssloner of
' Reclamation shall give due consideration
to the reports upon the California water plan
prepared by the State of California, and shall
consult the local interests to be affected by
the construction and operation of said works
through public hearings or In such manner
•■ In his discretion may be found best suited
to a TP«^»'""'"' expression of the views of such
local Into'ests.

Sac. 4. Nothing contained in this Act shall
be construed by implication or otherwise as
an allocation of water, and In the studies
for the purposes of development plans for
disposal of water as herein authorized the
Secretary of the Interior shall make recom-
mendations for the use of water In accord
with State water laws. Including but not
limited to such laws giving priority to the
counties and areas of origin for present and
future needs.

See. 6. There are hereby authorized to be
appropriated $181 million, plus or minus
such amoxints. If any, as may be Justified by
reason of ordinary fluctuation in construc-
tion costs as Indicated by engineering cost In-
dexes api^lcable to the type of oonstnictlon
authorised In this Act, and. In addition
thereto, such sums aa may be required to
operate and maintain the Auburn-Folsom
South unit.

PROGRAM OF WATER POLLUTION
CONTROL AND EVALUATION OP
RECREATIONAL BENEFITS PROM
CONSTRUCTION OF FEDERAL
WATER RESOURCES PROJECTS
Mr. KERR. Mr. President, lintroduce.
for appropriate reference, two bills.
The first bill provides for a more effec-
tive program for water pollution control.
The second bill makes the evaluation of
recreational benefits resulting from the
construction of any water resources
project an integral part of project plan-
ning. I ask unanimous consent that
these two bills may lie on the desk until
following the opening of next Monday's
session in order that other Senators
who care to do so may Join as authors

of them.

The PRESIDING OFFICER. The bills
will be received and appropriately re-
ferred; and, without objection, the bills
will lie on the desk, as requested by the
Senator from Oklahoma.

The bills introduced by Mr. Kmr are
as follows:

By IXr. KERR (for himself. Mr. Chavxb.
Mr. Moss, Mr. Cask of South Da-
kota, Mr. MoNRONXT, and Mrs. Neu-

BERGEX) :

S. 120. A bm to amend the Federal Water
Pollution Control Act to provide for a more
effective program of water pollution; to the
Committee on Public Works.

By Mr. KSRR (for himself, Mr. Chavxz,
Mr. Case of South Dakota, Mr. Mon-
KONET, Mr. CooPES, and Mrs. Nxu-

BEROEB) :

3. 121. A bill to make the evaluation of
recreational benefits resulting from the con-
struction of any Federal water resources
project an Integral part of project planning,
and for other purposes; to the Committee on
Public Works.

AMENDMENT OF THE laffPLOYMENT
ACT OP 1946

Mr. BUSH. Mr. President, on behalf of
myself and the distinguished senior
Senator from Utah [Mr. Brnnfrrr], I
Introduce, for appropriate reference, a
bill to amend the Employment Act of
1946 to make the maintenance of a rea-
sonably stable price level an explicit aim
of Federal economic policy.

Mr. President, I also submit, for ap-
propriate reference, a concurrent resolu-
tion proposing an amendment to the
joint rule of the House and Senate to
give the President item veto powers over
appropriation bills and nonappropriation
bills which contain authorizations to bor-
row money directly from the Treasury.

I am privileged to have the distin-
guished senior Senator from Virginia
[Mr. Btrd] and the distinguished senior
Senator from Delaware [Mr. Williams]
as cosponsors of the concurrent resolu-
tion.

Mr. President, I ask unanimous con-
sent that the bill and the resolution may
lie on the desk until the close of busi-
ness next Tuesday, January 10, so that
other Senators may Join in sponsorship
of either or both if they so desire.

Mr. President, I ask unanimous con-
sent that an announcement I have made
concerning the bill and the concurrent
resolution may be printed In the Rxcord

after these remarks, followed by the texts
of the two measures.

The PRESIDENT pro tempore. The
bill and the concurrent resolution will be
received and appropriately referred;
and, without objection, the bill, the con-
current resolution, and the announce-
ment will be printed in the Ricord at
this point.

The bill (S. 144) to amend the Employ-
ment Act of 1946 to make the mainte-
nance of a reasonably stable price level
an explicit aim of Federal economic
policy, introduced by Mr. Bush (for him-
self and Mr. Bennett), was received,
read twice by its title, referred to the
Committee on Banking and Currency,
and ordered to be printed in the Record,
as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
section a of the Employment Act of ISMS Is
amended by deleting the final nine words
and inserting in Ueu thereof the following:
"to promote maximum employment, produc-
tion, and purchasing power, and to main-
tain a reasonably stable price level."

(b) Section 3(a) of such Act is amended by
striking out "and (4)" and Inserting in lieu
thereof the following: "(4) current and
foreseeable trends In price levels prevaUlng
In the economy and the steps. If any, which
have been taken to maintain a reasonably
stable level of prices; and (6)."

(c) Section 4(a) of such Act Is amended
by deleting the final seven words of the
second sentence and inserting in Ueu thereof
the following: "purchasing power, and to
maintain a reasonably stable level of prices
under free competitive enterprise."

(d) Section 4(c) (4) of such Act la amended
by striking out "end purchasing power;" and
Inserting in lieu thereof the following:
"Purchasing power, and a reasonably stable
price level;".

The concurrent resolution (8. Con. Res.
2) giving the President of the United
States the power to veto items in certain
bills was received, referred to the Com-
mittee on Rules and Administration, and.
under the rule, was ordered to be printed
in the Record, as follows:

Resolved by the Senate (the House of
Representatives concurrirtff) , That, effective
on the first day of the second re^lar session
of the Klghty-seventh Congress, the Joint
rule of the Senate and of the House of Rep-
resentatives contained In section 138 of the
Legislative Reorganization Act of 1946 Is
amended by adding at the end thereof the
following new subsection:

"(c) No blU or Joint resolution making
appropriations or authorizing the borrowing
of money directly from the Treasury shall be
reported to or considered in either House un-
less it contains a section which shall read aa
follows ((1) In the case of any bill (or Joint
resolution) making an appropriation or (2)
In the case of any bill (or Joint resolution)
authorizing the borrowing of money directly
from the Treasury) :

"(1) Sec. . When this bill (or Joint res-
olution) shaU have been presented to the
President as required by section 7 of article
I of the Constitution, the President shall
have power to dlsapiM-ove any amount or any
provision, whether or not related to an
amount, which is contained herein. In the
same manner as he may, under said section
7, disapprove as a whole any bill so pre-
sented to him. The provisions of said sec-
tion 7 which relate to reconsideration shaU
also apply to any amount or provision or part
thereof so disapproved to the same extent aa

1961

CONGRESSIONAL RECX)RD — SENATE

181

they apply to a bill that has been disap-
proved In Its entirety.

"(2) 8»c. . When this bill (or Joint res-
olution) shall have been presented to the
President as required by section 7 of article
I of the Constitution, the President shall
have power to disapprove any authoriza-
tion for borrowing money directly from the
Treasury, which U contained herein, in the
same manner as he may, under said section 7
dl8aK>rove as a whole any bill so presented
to him. The provisions of said section 7
which relate to reconsideration shall also
apply to any authorization or part thereof
so disapproved to the same extent as they
apply to a bill that has been disapproved In
lU entirety."

The announcement presented by Mr.
Bush is as follows:

Washington, January 5. — U. 8. Senator
PscBCOTT Bush introduced today two meas-
\ires which he said were Intended to help
the Kennedy administration combat Infla-
tion and to exercise fiscal reeponslblUty in
the National Oovemment.

They were:

1. A price stablUty amendment to the
Employment Act of 1946.

2. A concurrent resolution to give the
President Item veto power over appropria-
tions bills, and bills authorizing direct bor-
rowings from the Treasury.

Senator Bush was Joined in sponsorship
of the price sUbUlty amendment by Sena-
tor Waixacz P. BiNNrrr, Republican, Utah,
and In sponsorship of the Item veto bill by
Senators Hakbt P. Bvao, Democrat. Virginia,
chairman of the Senate Finance Committee,
and John J. Wuxiams, Republican, Dela-
ware, the ranking minority member of that
conunlttee.

"The new administration will take office
at a time when the United States faces a
vmlque and disturbing crisis," said Senator
Bush, a member of the Senate Banking
Committee and ranking mlncwity member
of the Joint Economic Committee of the
Congress.

"The continued drain upon oiu- gold re-
serves, resulting from a deficit In our Inter-
national payments, has weakened confidence
In the dollar.

"It Is essential that the administration
and Congress give first priority to reversing
this dangerous trend, and to restoring full
confidence In the credit of the United States.
Upon that credit depends not <mly o\ir eco-
nomic strength, but also our military power,
which must remain unquestioned in these
times of tension and danger.

"We must make clear to the world our
Intention to avoid infiatlonary practices, and
to adhere to sound fiscal policies."

The Bnployment Act Is the basic con-
gressional directive to Federal policymaking
officials concerning national economic policy.
The proposed amendment would add the
maintenance of "a reasonably stable price
level' to the act's present objectives of
"maximum emplojrment, production and
purchasing power."

It would also require the President to
Include In his annual Economic Report to
the Congress a statement of "current and
foreseeable trends In price levels prevalUng
in the economy and the step*. If any, which
have been taken to maintain a reasonably
stable price level."

Both the price stability amendment and
the bin to give the President Item veto
power were Introduced In the previous
Congress by Senator Bush.

"It Is unfortunate that the Congress did
not see fit to act upon these recommenda-
tions when they were made by President
Elsenhower," Senator Bush said. "However,
these are long overdue reforms which
should not be the subject of partisanship.
Now that a new administration Is assiun-

Ing office. I hope Congress wUl grant to
the President-elect the added authority he
will need to control Infiatlon and keep our
fiscal house In order."

PACIFIC INTERNATIONAL HOUSE

Mr. LONG of Hawaii. Mr. President,
I introduce, for appropriate reference, a
bill providing for an investigation by the
Secretaries of State and Commerce of
the feasibility of establishing in Honolulu
a Pacific International House. This
would be a center expressly designed to
facilitate international trade. Its facil-
ities would include exhibit space, oflBces
and meeting rooms, multilingual secre-
tarial and translation services, a foreign
trade reference library and ofiBces for
operating a foreign trade zone.

This proposal builds upon the highly
successful experience of New Orleans in
operating a similar establishment. The
New Orleans foreign trade zone, and In-
ternational House and International
Mart have greatly stimulated our trade
with Latin America, the commerce flow-
ing throughout the Mississippi basin.

Similar facilities in Hawaii, I am con-
fident, would significantly increase our
trade with the nations of Asia and the
Pacific basin. In Hawaii merchants from
East and West can meet to their mutual
advantage in a setting conducive to good
business relations.

Since trade and political connections
are so intimately related, I also see in the
proposed Pacific International House an
instrument for strengthening our bonds
with the non-Communist nations of the
Pacific area. This aspect of the proposed
facility has led me to seek the recom-
mendations of the Secretary of State, as
well as those of the Secretary of Com-
merce.

For several years leaders of the Hawaii
community have advocated the use of
Honolulu's central position for an inter-
national business facility. Former Dele-
gate John Bums has proposed creating a
foreign trade zone. Lorrln Thurston,
editor of the Honolulu Advertiser, has re-
peatedly urged the establishment of an
International House. This proposal,
which also has the support of the Hawaii
Chamber of Commerce, combines both
ideas.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 145) to provide that the
Secretaries of State and Commerce shall
investigate and report to the Congress as
to the feasibiUty of establishing a Pacific
International House on Sand Island,
Hawaii, introduced by Mr. Long of
Hawaii, was received, read twice by Its
title, and referred to the Committee on
Foreign Relations.

SPECIAL MILK PROGRAM FOR

CHILDREN
Mr. PROXMIRE. I am today intro-
ducing a bill to extend and increase the
special milk program for children. I
am joined in sponsorship of this measure
by Senators Aiken, Chttrch, ECart, Hum-
phrey, Javits, Long of Missouri, MAcmr-

SOH. MUNDT, SYIOHCTON, TALMADGI.

Wn.«T, YoTJNC of North Dakota, Mc-
Carthy, Prooty, Keating, Carroll,
Youifc of Ohio, Kefattver, Yarborotjgh,
Carlson, Cooper, and Jackson.

This bill would extend the special milk
program for children for 1 year begin-
ning July 1, 1961. and would increase the
funds available by $10 million, from $95
million to $105 million. It would con-
tinue and enlarge a deservedly popular
program, and it is fitting that It be pre-
sented to the Senate with wide cospon-
sorship at the first possible opportunity.

It is a special privilege for me at this
point to welcome as a cosponsor of tills
bill the senior Senator from Minnesota
and newly chosen majority whip, Sena-
tor Httmphrey, who has been the prin-
cipal sponsor and spokesman for this
program since it was started in 1954.
He >ias been the leader in getting the
special milk prt)gram for children vmder-
way, and in making sure that it devel-
oped and grew into the fine, broad pro-
gram we liave today.

Over the years this program has «i-
abled millions of children throughout
the country to drink milk each day, at
school and in summer camps. Over half
of the Nation's children benefit from it.
The program is administered locally,
with a minimum of redtape. It is of
great nutritional value, bringing the
benefits of fresh, whole milk to children
at an age when they most need It to
promote healthy growth.

The special milk program has estab-
lished a proud record of growth and de-
veloiwaent. Each year more schools
participate, more half pints of milk are
distributed, and more children benefit.
Each year the amount of funds available
through the Commodity Credit Corpora-
tion has l>een increased.

Through this program we have en-
couraged ever larger numbers of chil-
dren In more and more schools to drink
more milk regularly. The number of
schools and child care institutions par-
ticipating is now over 85,000, and the
number of half -pints of milk distributed
under the program in the fiscal year
1960 was 2,395 million. The rising popu-
larity of the program is evidenced by the
fact that it has grown at the rate of 9
percent per year for each of the past 3
years.

Unfortunately, the program has had
a history of running out of funds. Only
a year ago schools around the country
were informed that the rate of reim-
bursement paid for each half pint of
milk would be cut by half a cent. For-
tunately, quick congressional action pre-
vented this reduction, and the growth of
the program was able to continue witti-
out check.

The bill I am today introducing would
extend the program for another year,
and would increase the funds available
from $95 million to $105 million. A
recent Department of Agriculture sur-
vey of State school administrators has
indicated that the popularity of the pro-
gram is continuing to rise, and that It
can be expected to continue to grow at
an aimual rate of 9 or 10 percent. The
increase of $10 million provided in my
bill would enable the program to ccmtlnue
to grow. It would make it possible for

182

CONGRESSI(»IAL RECORD — SENATE

January 5

IHl

CONGRESSIONAL RECORD — SENATE

18S

: . :

III

III

sddittonal achools and more children to
particiRate without danger that lunds
may be exhausted.

I am pleaaed to Introduce thkt tUn at
this time and I aak consent that it may
be allowed to lay on the table Xor 48
hours so that additional Senators may
add their names as cosponsors. and that
it be printed in the Recoiui.

Tha PRESIDINa OFICER. The bill
wiU be received and appropriately re-
ferred: and. without objection, the bill
will be printed in the Rxcokd. and will lie
on the desk for 48 hours, as requested
hj the Senator from Wisconsin.

The bill (S. 146> to extend and in-
crease the special milk program for chil-
dren, introduced by Mr. Pboxmiu (for
himself and other Senators), was re-
ceived, read twice by its UUe. referred
to the Committee on Agnculture and
Forestry, and ordered to be printed in
the Record, as follows:

Be it enaete* by the Senate and House of
Representatives of the United States of
Ameriea in Congress assembled. That the
first sentence of the Act entitled "An Act to
continue the special milk program for chil-
dren In the Interest of Improved nutrition
by fostering the consumption of fluid milk
In the schoolB". approved July 1. 1»68. as
amended (7 J3S.C.. sec. 1446 note). Is
amended by Inserting Immediately after
"tgS.OOOXKW." the following: "and for the
ftfi»*i year beginning Jiily 1. 1961. not to ez-
•lt6.000.000.".

AMENDMENT OP REORGANIZATION
ACT OP 1»49

Mr. McCLEIiAN, Mr. President, on
behalf of mysdf, the Junior Senator
from Washington [Mr. Jackson], the
senior Senator from MinnesoU [Mr.
HuMPHRET]. and the senior Senator
from North Carolina [Mr. ErvwI, I send
to the desk, for appropriate reference, a
bill to further amend the Reorganization
Act of 1«4». as amended, so that such
act win apply to reorganization plans
transmitted to the CcMigress at any time
before Jime 1, 1963.

The objective of this proposed legisla-
tion Is to reinstate the power of the
President to submit reorganization plans
to the Congress, which, unless disap-
proved by either the House or the Sen-
ate within 60 days after submission, be-
come law.

The Reorganization Act of 1949 was
approved by the Congress as a method
of expediting reorganizations within the
executive branch of the Oovemment.
The 1949 act, which was primarily di-
rected toward effecting prompt action
on the reconmiendations of the first
Hoover Commission, gave much greater
authority to the President than did the
1945 act which had terminated in ac-
cordance with its provlalons. As ap-
proved by the Congress, the 1949 act gave
the President much wider latitude in re-
organizing the executive branch, per-
mitting him to submit reorganization
plans for the creation of new depart-
ments within the executive branch at
the Cabinet leveL

The act was extended after its original
expiration date on April 1. 1953. for 2-
year periods In 19S3. 1955. and 1957.
The latter extension was to June 1, 1959.

The Preskient recommended, on Janu-
ary 19. 1950. that the act be extended
"to permit further tim^ improvements
in the structure of the executive
branch." Pursuant to this recommen-
dation, the Bureau of the Budget trans-
mitted draft legisUUon to the Congress
which proposed Uiat the act be amended
to grant the reorganization authority to
the President on a permanent basis.

The Committee on Government O9-
erations reported the bUl submitted by
the Bureau of the Budget, with an
amendment extending the provisions of
the act for 2 years after its expiration
date, or to June 1, 1961. The House of
Representatives approved a bill identical
to the bill as reported by the Senate
Oommittee on Government Operations,
but both Ulls died on the calendar at
the end of the 86th Congress and. un-
less a further extension is approved by
the 87th Congress, the incoming Presi-
dent will be denied the authority to pre-
sent ];>lan6 designed to reorganize the
Govenmient as he may determine to be
appropriate, which authority has been
granted in various forms to all Presidents
since 1932.

Under provisions of the act, as pro-
posed to be amended by the bill now be-
ing filed, such reorganization plans as
may be submitted to the Congress by the
President before June 1. 1963, would be-
come law unless disapproved by a ma-
jority of either the House or the Senate
by the [tassage of a resolution of disap-
proval within 60 calendar days after
submission to the Congress.

Since enactment of the basic statute
in 1949, the Committee on Government
Operations, as well as Its predecessor,
the Committee on Expenditures in the
Executive Departments, has taken the
position that the Congress should not
surrender nor abrogate its legislative
Jurisdiction over matters of such sig-
nificance on a permanent basis.

In its report to the Senate in the 86th
Congress — Senate Report No. 239 — the
committee stated that it was "the con-
sensus of the committee that the present
Congress should not commit succeeding
Congresses to the provisions of the Re-
organization Act, but that each Congress
should have the right to extend this au-
thority to the President or to withdraw
it as the necessity dictates at the time."
It is my understanding that both Pres-
ident Eisenhower and President-elect
Kennedy will recommend extension of
the Reorganization Act, and therefore, it
is proposed Uiat the Committee on Gov-
ernment Operations will give early, and
I am confident, favorable action on the
proposal I have submitted today so that
this authority may be made available to
tbe ^tiRftminy President soon after bis

Inauguration.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. ifiS) to fmther amend tho
Reorganization Act of 1949. as amended,
so that such act will aivly to reorganiza-
tion plans transmitted to the Congress at
any time before June 1, 1963, introduced
by Mr. McCLELLAir (for himself and other
Senators), was received, read twice by
its title, and referred to the Committee
on Government Operations.

ADJUSTMENT OP LEGISLATIVE
JURISDICTION OVBR CERTAIN
LANDS

Mr. McCLELLAN. Mr. Preaktoit. on
behalf of myself and the SenatDrs from
Utah (Mr. BEWMriT and Mr. Mo«l, I
send to the deak for appropriate refer-
ence a bill to provide for the adjustment
of the legislative Jurisdiction exercised
by the United States over land in the
several SUtei used for FMeral purposM*
T^e purpose of this proix>aed Irdria
tion is to permit Federal aceoeles to re-
store to the States certain Jurtodictional
authority now vested in the United
States, which may be better adminla-
tered by Stete authorities, and to estab-
lish as congressional policy that the Fed-
eral Government will acquire only such
Jurisdiction as may be necessary in con-
nection with future larnl procurement.

Under well established principles «(
law, once legislative Jurisdiction has been
vested in the United States, it caimot be
revested in a State other than by opera-
tion of a limitation imposed by the State
at the time the State ceded Jurisdictioo,
or by an act of Congress.

The bUl specifically declares It to be
the policy of the Congress that, first, the
Federal Oovemment shall receive or re-
tain only such measure of legislative
Jurisdiction over federally owned or op-
erated land areas within the States as
may \>q necessary for the proper per-
formance of Federal functions; and,
second, to the extent consistent with the
purposes for which the land Is held by
the United States, the Federal Oovem-
ment shall avoid receiving or retaining
concurrent Jurisdiction or any measure
of exclusive legislative jurlsdlctioiL An
overall objective of the bill is to pfovide
that, in any case, the Federal Govern-
ment shall not receive or retain any of
the States' legislative Jurisdiction with
respect to the qualifications for voting,
education, public health and safety.
tJixatiop, marriage, divorce, descent and
distribution of property, and a variety of
other matters, which are ordinarily the
subject of State control.

The proposed legislation would «a-
thorlze the head or authorized ofScer of
any department or independent estab-
lishment or agency of the Federal Gov-
ernment to relinquish to the State in
which any Federal lands or interests
therein uikler his custody or control are
situated, such measure of legislative Ju-
risdiction over such lands or interests
therein as he may deem desirable. The
bill provides that, with respect to future
acquisitions of property, no more Juris-
diction than is necessary for the proper
performance of the functions of the ac-
quiring agency should be obtained. Any
relinquishment of the Federal Oovem-
ment will be subject to acceptance by
the State in such manner as the law of
such State might provide.

Other provisions of the bill would au-
thorize Federal department and agency
heads to issue necessary rules and regu-
lations for the governing of public build-
ings and other areas under their charge
and contrcd. and to provide such reason-
able penalties, within prescribed limits,
as will Insure their enforcement; permit

such heads to utilize the facilities of ex-
isting law-enforcement agencies for the
enforcement of any such regulations;
authorize the General Services Admin-
istration to detail special policemen for
the protection of Federal property under
the charge of other departments and
agencies; extend the authority of U.S.
commissioners to try and sentence per-
sons committing petty offenses in any
place under the charge and control of
the United States; extend the right of
States and their political subdivisions
to serve and execute process In areas
under the legislative Jurisdiction of the
United States, while making it clear
that such process may not be served con-
trary to rules and reL.ulations issued by
authorized Federal personnel for the
purpose of preventing interference in
carrying out Feeder al functions; and ^o
amend or repeal obsolete or inconsisteiit
Federal statutes.

This proposed legislation was originally
drafted by the staff of the committee
with the cooperation of the Depart-
ment of Justice, in order to implement
recommendations contained in a report
by the Interdepartmental Committee
for the Study of Jurisdiction Over Fed-
eral Areas Within the States, a com-
mittee appointed by the President for the
purpose of finding means of solving the
problems arising out of the uncertain
Jurisdictional status of Federal lands sit-
uated witWn the several States. The
committee was composed of representa-
tives of eight executive departments and
agencies of the Federal Government, in-
cluding the Bureau of the Budget, which
had a principal interest in the problemis
involved. Twenty-five other agencies of
the Federal Government furnished inf or-
matl(m concerning their properties and
problems relating to legislative Jurisdic-
tion to the committee. In addition, the
Interdepartmental Committee had the
assistance and cocq^eration of the Na-
tional Association of Attorneys General
in its conduct of the study.

Following the introduction of the bill
in its original form in the 84th Con-
gress— S. 4196 — the Committee on Gov-
ernment Operations forwarded copies to
the Governors and attorneys general of
the several States and to all interested
Federal agencies for comments and rec-
ommendations. Reports were received
from 36 States — 31 State Governors and
29 State attorneys general — all of wh(»n
endorsed the objectives of the bill and
recommended favorable committee con-
sideration. Certain of the Governors
and attorneys general of the States re-
quested that the committee withhold
actitm in the 84th Congress, however,
until a study of the provisions of the bill
could be completed by the State Commit-
tee on Legislative Jurisdiction of the
Council of State Governments. That
committee was appointed by the presi-
dent of the council pursuant to a resolu-
tion adopted by the States for the pur-
pose of considering this legislation. The
committee appointed for this purpose
was directed to give consideration to
certain suggested amendments to the
original bill, and to determine whether
or not it would be feasible to extend its

provisions beycmd its original intent by
incorporating certain suggestions made
by various State officials.

Upon completion of the study made by
the Committee on Legislative Jurisdic-
tion, the staff of the Committee on Gov-
ernment Operations arranged confer-
ences between the representatives of the
Council of State Governments and of the
Department of Justice for the purpose of
perfecting the bill by incorporating ap-
propriate amendments. Following a
number of such conferences, during
which consideration was givm to the
various recommendations of the Gover-
nors, attorneys general, and the CouncU
of State Governments, an amendment in
the nature of a substitute for the lan-
guage incorporated in the original bill
was drafted, with the unanimous ap-
pi'oval of representatives of the States
and the executive branch of the Federal
Government. C<msideration was given
to all recommendations submitted to the
committee by the Governors of the
States, and by the National Associaticm
of Attorneys General, the National Asso-
ciation of Tax Administrators, and Fed-
eral agencies interested in the bill, which
were ccxisistent with the objectives of
the proposed legislation.

Some of the suggestions submitted to
the Committee on Government Opera -
ations by certain of the State officials
and by the National Association of Tax
Administrators dealt with tax matters
which were considered to t>e outside of
the scope of the recommendations of the
Interdepartmental Committee for the
Study of Jurisdiction Over Federal Areas
Within the States. Such suggestions
were largely ccmcemed with tax prob-
lems, such as payments by the Federal
Government in lieu of taxes, and so
forth, which the committee felt would be
considered in separate legislation dealing
exclusively with those problems. Spe-
cific proposals pertaining to those prob-
lems were incoiporated in other legisla-
tion approved by the committee, and
which passed the Senate in the 86th Con-
gress.

The bill I am introducing today is not
concerned with tax matters, except to
the extent that a transfer of legislative
jurisdiction may involve transfer of a
power to tax — other than the Govern-
ment or its property — and also to the ex-
tent that there are preserved certain
Federal consents to State and local taxa-
tion, as embodied in such statutes as the
Buck Act and the Lea Act.

In the 86th Congress the committee
approved a bill, S. 1617, incorporating
the amendments which were considered
to be desirable, and in accord with the
recommendations of the groups which
had cooperated in drafting the bills in
the 84th and 85th Congresses, including
clarification of the provisions of the bill
as they related to civil rights, conserva-
tion. Alaska, and Indian lands. Pursu-
ant to a directive from the committee,
the staff had contacted officials of the
Department of Jtistice and representa-
tives of the Council of State Govern-
ments who assisted in the preparation of
the proposed legislation in order to verify
that all of them were fully in accord with
its provisions.

On May 11, 1959, the committee re-
ceived a memorandum from Assistant
Attorney General Perry W. Morton, clar-
ifying the points raised to the satisfac-
tion of the committee, and on June 18,
1959, the committee ordered S. 1617 re-
ported. Details concerning these and
other matters including background and
agency comments will be found in Sen-
ate Report No. 405 of the 86th Congress.

The measure was debated further on
May 27, 1960, and, after the adoption of
one clarifying amendment offered by
Senator Javits, which related to the
service of civil and criminal process in
Federal areas subject to Federal rules
and regulations, the Wl was passed
without opposition. On May 31, 1960. S.
1617 was referred to the House Commit-
tee on Government Operations which
took no further action.

The bill I am introducing is identical
to the bill approved by the Senate last
year.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 154) to provide for the ad-
justment of the legislative jurisdiction
exercised by the United States over land
in the several States used for Federal
purposes, and for other purposes, intro-
duced by Mr. McClellak (for himself
and other Senators), was received, read
twice by its title, and referred to the
Committee on Government Operations.

TO PROVIDE EQUITABLE REIM-
BURSEMENT TO NEW YORK AND
OTHER STATES IN THE FIELJD OP
HIGHWAY CONSTRUCTION

Mr. KEATING. Mr. President, on be-
half of my colleague [Mr. Javits] and
myself, I introduce for appropriate ref-
erence a bill to provide equitable reim-
bursement to New Yoik and those other
States which took the initiative in the
field of highway construction without
waiting for the Federal highway pro-
gram of 1956. My bill woiild provide
Federal aid for additional highway con-
struction in any States which had al-
ready built more than 10,000 miles of
highway approved for incorporation in
the nationwide interstate network be-
fore 1957. I introduced a similar bill in
the House in 1957 and the Senate in
1959.

It is hardly fair, Mr. President, that
those States which were the leaders in
highway building should today be penal-
ized by paying doubly through tolls or
local taxes, as well as Federal taxation
for their interstate roads. This bill
would rectify a patent inequality by
allowing Federal payments up to 90 per-
cent for substitute mileage to be added
to the system in addition to roads com-
pleted before 1957.

In New York State about 580 miles
of the original 1,200 -mile interstate
mileage allotment would qualify. These
highways were built at an original cost
of over $1 billion. Under the terms of
my bill about $822,800,000 of this would
be repaid to New York State for addi-
tional road construction as reimburse-
ment for the pre-1957 State expendi-
tures.

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Jarmary 5

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New Toiic State would not be alone In
beDfeflUxig from this bill, which would
reward tbe initiative of every State in
highway construction programs on an
equal basis. On a national level nearly
$5 bUllon could be reallocated to the
various States in substitute mileage
credits.

Mr. Fresiitent, in all fairness, this
kytilitlnn should be passed so that all
of thoae States which moved ahead on
their own. with foresight and determina-
tion, are not penalized today by a double
taxation on their roads and hlgfawaysL
This bill would make it possible for many
States to comstruct much needed roads in
addition to those already planned. It
would be a shot in the arm to various
parts of the country and the economy.
It would enable our Nation's highway
system to meet overall national require-
ments with greater e£Bciency.

I ft^ unanimous consent that the bill
be printed in the Record.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
will be printed In the Rxcord.

The bill (S. 155) to amend title 23 of
the United States Code relating to high-
ways, in order to permit States having
toll and free roads, bridges, and tun-
nels designated as part of the National
System of Interstate and Defense High-
ways to designate other routes for in-
clusion in the Interstate System, intro-
duced by Mr. Kkatino (for himself and
Mr. Javits) , was received, read twice by
Its title, referred to the Committee on
Public Works, and ordered to be printed
*- In the RicoKD, as follows:

Be it enacted Xry the Senate and House of
StejireaentaUve* of the United State* of
America in Congress asaemhled. That cliapter
Z of title as of the United States Code Is
amended by inserting at the end thereof a
new section a« follows:

**! ISS. Designation of additional rotxtes for
Interstate System

"(a) In the case of each State haring a
toU road, bridge, or ttinnel. the construction
of which waa completed after Augiist 3. 1947,
and which was approved by the Secretary as
a part of the Interstate System before Janu-
ary 1, 1859. the Secretary shaU. on applica-
tion by the State, approve as part of the
Interstate System, other routes within such
State designated in accordance with section
103 of this title, which do not exceed in
length the number of mUes of all such toll
roads, bridges, and tunnels within such State.
The total of all Federal funds payable under
this title for all routes In a State approved
under this subsection as part of the Inter-
state System shall not exceed (K) per centum
at the depreciated cost to that State at all
completed and partially completed toll roads,
brldgea, and tunnels, the construction of
which was completed after August 3, 1947,
and which were approved by the Secretary
as part of the Interstate System before Janu-
ary 1, 1959. as such depreciated cost is estab-
lUhed In table A-6a on pages 28 and 29 of
House Document Numbered 301, Elghty-flfth
Congress, plus a percentage of the remaining
10 per centum of such depreciated cosit In
any State containing unappropriated and
imreserved public landa and nontaxable
Indian lands. Individual and tribal, exceed-
ing 5 per centvun of the total area of all lands
therein, equal to the percentage that the
area of such lands in such State Is of Its
total area, except that the total Federal
funds payable for all routes approved imder

this subsection In any one State as a part
of the InterstaU System shall not exceed
95 per centum of such depreciated cost.

"(b) In the case of each State having a
ffee road, bridge, or tunnel, the construction
of which was oxnpleted after August a. 1947,
and which was approved by the Secretary as
« part of the Interttote System before Janu-
ary 1, 1959. the Secretary shall, upon appli-
cation by the State, approve as jiart of the
Interstate System, other routes within such
State designated in accordance with section
108 of this title which do not exceed In
length the number of miles of all such fr«e
roads, bridges, and tunnaU within such
State. The total of an Federal funds pay-
able under this title for all routes in a State
approved under this subsection as part of
the Interstate System shall not exceed (1)
90 per centum of the depreciated cost to
that State of all completed and partially
completed free roads, bridges, and timnels.
the construction of which was completed
after August 3. 1M7, and which were ap-
proved by the Secretary as part of the Inter-
, state System before January 1. 1959. as such
depreciated cost is established in table A-5b
on pages 30 and 81 of House Document
Numbered 301. Klghty-fifth Congren. plus a
percentage of the remaining 10 per centum
of such depreciated cost in any State con-
taining unappropriated and unreserrod pub-
lic lands and nontaxable Indian lands. In-
dividual and tribal, exceeding 5 per centum
of the total area of all lands therein, ^ual
to the percentage that the area of s\ich lands
in such State is of Its total area, except that
the total Federal funds payable under this
title for all routes approved under this sub-
section in any one State as part of the In-
terstate S]rstem shall not exceed 95 per
centum of such depreciated cost, (3) less all
amounts received aa the Federal share on
account of such free highways, brldgea, or
tunnels under any provision of the Federal-
Aid Road Act approved July 11, 1918 (39
Stat. 365) , or of any Act amendatory thereof
or supplementary thereto."

Sec. a. Subsection (d) of section 108 of
tlUe 33 of the United State* Code Is
amended by striking out the period at the
end of tha first sentence and inserting in
ilea thereof a comma and "plus the total of
all mileage approved as part of the Inter-
state System under section 133 of this title."
Sxc. 3. Paragraph 6 of subsection (b) of
section 104 of tiUe 38 of the United States
Code is amended toy striking out the last
sentence.

Sac. 4. Tbe analjrsls of chapter 1 of title

33 of the United States Code is amended by

Inserting at the end thereof the following:

"182. Designation of additional routes for

Interstate System."

GERALD E. HELMER

Mr. MORSE. Mr. President. I intro-
duce, for appropriate reference, a bill for
the relief of the estate of Gerald E. Hel-
mer. Gerald E. Helmer was a young man
who resided In Sweet Home, Oreg. On
his 25th birthday, while in the employ of
the U5. Forest Service, he died in a
tragic airplane accident, that not only
took his life but the lives of three other
employees engaged in combating forest
fires in the Okanogan National FOrest in
Washington State.

Gerald was employed on a temporary
basis in a hazardous activity, his Job
being designated as "Fire Control Aide
(5mokejumi)er) ." There were no living
witnesses to the accident that took the
lives of four fine young men, but the re-
port submitted by the Board designated
to investigate the accident indicates that
about 6:45 pjn. on June 23. 1956, a U.S.

Fcurest Service twin-engine Beech air-
plane was on a mission carrying para-
cargo to foi-est firefighters in the Okano-
gan National Forest when they crashed
into a ridge, apparoitiy due to a severe
downdraf t. After crashing, the airplane
burned, resulting in the deaths of all on
board and the complete destruction of
the plane.

Gerald's father. Mr. Fred O. Helmer
of Sweet Home, Oreg.. brought this sad
occurrence to my attention. In the
course of our correspondence and our
conversations. I was deeply concerned
when I learned that tbe father had m>-
plied as a beneficiary under the Fed-
eral Employees Group life Insuraxtee
Act of 1954. only to be advised that the
benefits of the act would not apply to
Gerald's survivors.

The exclusion of benefits for Gerald's
parents in this case was based upon a
technical interpretation of the Federal
Employees Group Ufe Insurance Act of
1954 and was explained by the U.8. Civil
Service Commission in this language:

The Federal Smployaes' Oroup Life tts-
•urance Act of 1954 aathortiad the Ocounla-
aion to exclude by regulation tboae employs—
"on the basis of the natxire and type of em-
ployment or conditions pertaining thereto
such as, but not limited to, short term ap-
pointments, seasonal or Intermittent em-
ployment, part-time employment, and em-
ployment of like nature." In the exardae of
this directive, the Oommiasiom excluded
(among others) "Bnployeea serving under
appointments limited to 1 year or leas." with
one exception not here material.

Tti» act further stipulated that no em-
ployee or group of employees should be ex-
cluded solely on the t>asis of the hazardous
natura of employment. This shows ooo-
grwnalnnnl intent that hazardous duty p«-
sonnel ahould be treated equally with other
employees and no such exdualon has, of
course, been effected. However, there Is no
indication In the law or its legislative hls-
Xarj that the Congress Intended or expected
such persons to be placed in a preferred cate-
gory over others holding similar temporary
impointmenta.

On Septembr 14. 1960, 1 wrote to Chair-
man Roger W. Jones of the Civil Scrr-
ice Commission inquiring whether upon
further consideration of this case, the
Commission could take administrative
action to extend coverage of the act to
this case. Under date of October 17,
1960. Executive Director Warren B. Irons
of the UJ3. Civil Service Commission ad-
vised:

We could not take favorable administra-
tive action to extend Insxirance coverage to
the late Gerald B. Helmer who died In June
1958. Were the law not speclflc In direct-
ing exclusion of persons serving under short-
term appointments so that a regulation
change in this area might be considered,
such change could not operate prior to Us
date of issuance.

Previously, Mr. Fred Helmer had ex-
plored the poesibUity of receiving com-
pensation for the death of his son under
the Federal Employees' Compensation
AcL This effort proved to be of no avail
On March 5. 1950, the Bureau of Em-
ployees Comi>ensation issued an order re-
jecting Mr. Helmer's claim upon the
basis that "tbe claimant-father did not
allege that he was either wholly or par-
tially dependent upon the decedent at
the time of the death."

1961

CONGRESSIONAL RECORD — SENATE

185

It seems to me that upon the merits of
this case, the least our Nation could do
on behalf of those who survived Gerald
Helmer is to provide some compensation
by way of an insurance pasrment result-
ing from the death of this Govenunent
employee while parf orming official duties
of a hazardous nature in protecting ex-
tremely valuable natural resources
against the ravages of fire.

This case warrants serious and sym-
pathetic consideration by the committee
to which it is referred. I hope the com-
mittee will act favorably and promptly
on bhis private relief bill.
BXTSKSiow or DfsinuMCB covxaaoB to res-

Btai. ncPLOTBEB nroaoBD ih wsiuanous

Acnvrrm

Mr. President, the sad case of the late
Gerald Helmer. which I have just dis-
cussed, brings to mind a serious gap in
the coverage of the Federal Employees'
Group Life Insurance Act of 1954.

As the law is presently drafted and In-
terpreted, temporary Federal employees
are not protected by the group insurance
program. Where temporary employees
are engaged in hazardous activities, as
was the late Gerald Helmer, it seems to
me that the existing law Is deficient to
a high degree.

If any employees need Federal group
life insurance benefits, those engaged in
hazardous activities have that need. The
fact that employees work only temiwrar-
ily on hazardous Federal jobs, such as
those in the Forest Service fighting fires.
does not by one whit diminish the need.
An employee engaged in hazardous tem-
porary employment is Just as much In
need of life insurance benefits as Federal
employees engaged in hazardous activ-
ities on a permanent employment basis.

It seems to me that the law on ttils
subject has been drafted but with one
principal thought in mind ; namely, that
certain additional expense to the Gov-
ernment and certain administrative in-
convenience may result if we provide
group life insurance coverage to tem-
porary employees engaged in hazardous
acUvities. By taking this atUtude, we
dsmcMistrate that in this type of case we
are placing human values far below eco-
nomic and administrative values. To
me, this is unthinkable.

In order to correct the existing glaring
deficiency in the law relating to Federal
employees group life insurance cover-
age for temporary employees engaged in
hazardous activities, I introduce for ap-
propriate reference a bill to amend the
existing act so as to extend insurance
coverage to certain employees engaged
in hazardous activities.

It is my hope that the committee to
which this bill is referred will give it
serious and favorable consideration, be-
cause it is designed to correct a glaring
deficiency in the present law. Therefore,
I send to the desk these two bills, one
dealing directly with the case of Gerald
E. Helmer, and the other seeking to
amend, for the benefit of any future em-
ployee who suffers the same tragedy or
similar tragedy, an amendment to the
act itself. I ask that the two bills be
printed at this point in my remarks.

In concluding my comment on this
problem, I should like to say that govern-
mental functions have so changed over
the decades that today we find the Fed-
eral Government unquestionably the
largest employer in America in activities
that in a very real sense can be consid-
ered at least only quasi-governmental, if
not 100 percent proprietary, and I re-
spectfully submit that when the Forest
Service is engaging in firefighting activi-
ties and employing people to risk their
lives in protecting not only private prop-
erty but public property as well, the Fed-
eral Government has the same moral
obligation as a private employer would
have to see to it that during the course
ctf that employment, whether it is tem-
porary or ijermanent, all employees are
treated alike when it comes to protecting
them in connection with the risks they
run in a hazardous occupation.

What do Senators think would happen
by way of criticism if a private Industry
of this coimtry, such as United States
Steel or Ford Motors, or any other large
employer in this country, had one policy
for protecting the lives of their employees
who are on the permanent payroll and
no protection for their employees on a
temporary payroll, although they were
doing exactly the same kind of hazardous
work? Can we not hear the criticism,
and rightly so, that United States Steel
and Ford Motors would receive from the
American public?

Let me point out to the American tax-
payers that they are the employers of
the Gerald Helmers. Through their
Government the taxpayers have the
moral obligation to see to it that the
Government, through law, follows a
course of action which carries out what
anyone will agree is a clear moral obliga-
tion.

All I have done this afternoon Is to
point out this injustice in an individual
case and this defect in a law which will
apply generally to similar cases in regard
to temporary employees in hazardous
Jobs.

I make my plea that the Government
recognize, through the Congress, its
moral duty to see to it that Justice is
done to the estate of Gerald Helmer, and
that justice be done to all other em-
ployees who may suffer such a tragedy as
Mr. Helmer suffered.

Before I ask to have the bill referred,
I wish to make It very clear that I have
no intention in any way of complicating
the procedural situation which now con-
fronts the Senate. It has been suggested
by the Senator from Nev York [Mr.
Keatikg], and the Senator from PMm-
sylvania [Mr. Clark], in a note which
they have handed to me, that I should
ask parliamentary instruction whether
or not, if I ask for the introduction and
referral of the bill outside the morning
hour, it might be considered as being
acted upon as other business, which will
imperil the rule debate. So I should like
to ask vmanimous consent that I may of-
fer the bill without it in any way im-
periling the rulings which have already
been handed down with regard to the
fact that this business can be transacted
and not be considered proceeding under
that rule.

The PRESIDING OFTICEB (Mr. Mr-
calf in the chair). Is there objection
to the request of the Senator from Ore-
gon? The Chair hears none, and it is so
ordered. Without objection, the bills
will be received and appnqiriately re-
ferred; and, without objection, the bills
will be printed in the Rbcoko.

The bills. Introduced by Mr. Mobsk,
were received, read twice by their titles,
referred as indicated, and ordered to be
printed in the Record, as follows:

To the Committee on the Judiciary:

S.159. A biU for the reUef of the estate of
Oerald E. Helmer.

Be it enacted bjf the Senate and House
of Representatives of ttie United State* of
America in Congress assembled , That the
Secretary of the Treastiry is authorized and
directed to pay, out of any mcmey In the
Treasury not otherwise appropriated, to the
estate of Gerald E. Helmer, formerly of
Sweet Home, Oregon, who suffered accidental
death in consequence of an airirtane crash
which occurred at Wlnthrop, Washington,
on June 23. 1958, incident to his temporary
employment with the United States Forest
Service, Department of Agriculture, an
amount equal to the amount which would
have been payable to his estate if, at the
time of his death, be had been entitled to
benefits under the Federal Employees' Oroup
Life Insurance Act of 1954, and had desig-
nated his estate as the recipient of such
benefits: Provided, That no part of the
amoimt appropriated in this Act in excess
of 10 per centum thereof shall be paid or
deUvered to or received by any agent or at-
torney on account ci services rendered In
connection with this claim, and the same
shall be unlawful, any contract to the con-
trary notwithstanding. Any person violating
the provisions of this Act shaU be deemed
guilty of a misdemeanor and upon convic-
tion thereof shall be fined in any s\im not
exceeding $1,000.

To the Committee on Poet Office and Civil
Service:

8.161. A bm to amend the Federal bn-
ployees' Group Life Insurance Act of 1964
so as to extend insurance coverage to certain
employees engaged in hazardous activities.

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That section
2(a) of the Federal Employees' Group Life
Insurance Act of 1954, as amended (5 U.S.C.
2091(a)), Is amended by strildng out the
period at the end thereof and Inserting In
lieu thereof a comma and the following:
"and in no event shall any employee regu-
larly engaged in a hazardous activity be ex-
cluded on the basis of bis serving under a
short term appointment, seasonal or inter-
mittent employment, part-time employment,
or under any other employment of a
like nature.".

JURISDICTION FOR THE DOMESTIC
RELATIONS BRANCH OP THE MU-
NICIPAL COURT OP THE DISTRICT
OF COLUMBIA TO HEAR AND DE-
TERMINE THE ADOPTION PETI-
•nON OF MARIE TALIAFERRO

Mr. MORSE. Mr. President, I intro-
duce for appropriate reference a private
bill to confer upon the domestic rela-
tions branch of the municipal court of
the District of Columbia jurisdiction to
hear and determine the i)etition for
adoption filed by Marie Taliaferro.

The facts of the matter, as I was given
to understand them, are that under

r

Mi

186

CONGRESSIONAL RECORD — SENATE

Jamiary 5

1,

U

I!

existing law the court lacks jiirlsdlctlon
to hear the petition filed by Marie TaUa-
f erro for the adoption of a child to whom
she has given shelter and provided cus-
tody for the past 7 years.

The bin, if oiacted, would not inter-
fere with the discretion of the court in
the disposition of the case; it would
merely afford the court an opportunity
to hear the case, an opportunity which
it does not presently enjoy.

This is another example of asking our
Oovemment to do those humane things
that we expect people to do in hiunan
relations. The Government, in my
Judgment, has the same obligation to
correct such injustices. It is a very
simple bill. It is a bill which speaks
for Itself so far as its humanity is con-
cerned. I ask unanimous consent that
It may be printed at this point in my
remarks, under the previous ruling.

The PRESIDING OFFICER. Is there
objection? The Chair hears none.
Without obJecUon, the bill wUl be re-
ceived and appropriately referred; and,
without objection, the bill will be printed
in the Record.

The bill (S. 158) to confer upon the
domestic relations branch of the mxmic-
Ipal court for the District of Columbia
Jiu:isdicLio» to hear and determine the
petition for adoption filed by Marie
Taliaferro, introduced by Mr. Morse,
was received, read twice by its title, re-
ferred to the Conunittee on the District
of Columbia, and ordered to be printed
In the Record, as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That (a)
Jxirlsdiction is hereby conlerred upon the
domeetic relations branch of the municipal
court for the District of Columbia to hear,
determine, and render a final or Interlocu-
tory decree of adoption upon, the petition
for adoption fUed ^y Marie Taliaferro and
now pending before such court (adoption
No. A62-60) .

(b) Proceedings for the determination of
such petition shall be In the same manner
as in the case of a petition for adoption
regularly filed under the provisions of the
Act entitled "An Act to prescribe and regu-
late the procedure for adoption in the Dis-
trict of Columbia." approved June 8, 1964
(68 Stat. 240) , except that the provisions of
section 4 of such Act providing that no peti-
tion shall be considered by the court unless
petitioner's spouse, if he has one, Joins in the
petition shall not be applicable.

Sac. a. Nothing In this Act shall be con-
strued as directing the domestic relatlpns
branch of the municipal court for the Dis-
trict of Coliunbia to grant the petition for
adoption referred to in the first section of
this Act.

THOMAS O. TATE, JR.

Mr. MORSE. Mr. President, imder
the same understanding of the parlia-
mentary situation indicated before, I in-
troduce for appropriate reference a bUl
for the relief of Mr. Thomas O. Tate, Jr.,
of Rogue River, Oreg. Mr. Tate retired
as a temporary chief warrant ofQcer
from the U.S. Navy, holding a permanent
enlisted rank. In other words, he held
a dual status as a permanent enlisted
man and temporary officer. While in
that status, he was appointed by the
Camp White Domiciliary, Camp White.

Oreg., as a stationary boiler fireman.
This assignment became ^ective on
January 4. 1960. Personnel officials at
the Camp White Domiciliary considered
his appointment to this position as
proper and not a violation of dual com-
pensation procedures. In reaching this
conclusion, they relied upon instructions
under the act of June 30, 1932 as
amended.

Subsequent to this appointment. Mr.
Tate received a letter from the U.S.
Navy Finance Center, Cleveland. Ohio,
under date of February 24. 1960, advis-
ing him that in the Na/y Department's
opinion his appointment violated the
dual appointment restriction of the act
of JiUy 31, 1894. The letter indicated
that his employing agency, the Camp
White Domiciliary, had been so advised,
because the appointing officer of that
agency maintained final authority over
the determination concerning a possible
violation of the dual appointment re-
striction.

Mr. Tate, after receiving this informa-
tion, acted in complete good faith. He
discussed the problem with the personnel
officer at Camp White. The personnel
officer advised Mr. Tate that it was his
opinion that the appointment was not
a violation of the act of 1894, but came
under the act of June 30, 1932, and that
the Naval Finance Center would be so
informed.

Under date of March 18. 1960, the
Camp White Domiciliary received a
naval spee^ letter stating that Mr. Tate's
appointment was in violation of the act
of 1894. Mr. Tate again discussed the
matter with Camp White officials and
continued in his employment for several
days pending a decision from the Central
Office of the Veterans' Administration in
Washington, D.C., on his case. The
Veterans' Administration central office
then ordered his removal and termina-
tion of salary. The General Accoimting
Office, subsequent to this action, ordered
the Camp White fiscal officer to collect
$912.71, the net amoimt paid to Mr. Tate
during his employment at the domicili-
ary.

Mr. President, I have reviewed my file
of correspondence with Mr. Tate and
feel that it would be a grave injustice for
him to repay the Government the wages
he earned during his employment at the
Camp White Domiciliary. To enforce a
repajmtient penalty against one who
acted in good faith in accepting an ap-
pointment and who performed services
for the Government pending the ironing
out of a difficult legal point by Oovem-
ment experts on statutory construction,
would be to impose a grave injustice on
a person who acted honestly and without
the slightest attempt to conceal a single
f^ct.

I have received a very favorable report
on this subject from the Comptroller
General's office which states:

Concerning the matter of relief legislation,
ordinarily, we do not favor legislation which
grants preferential treatment to a single in-
dividual over others similarly situated.
Since It appears, however, that the dual
compensation payments In this case were
due to a misunderstanding by the Veterans'
Administration of the law and our decision,
and since Mr. Tate does not appear to have

been at fault, our Office would Interpose no
objection to the enactment of such legis-
lation.

The bill Is drafted in such form as to
relieve Mr. Tate from ail liability to
repay to the United States the sum of
$1,062.92, representing his total salary
during the period from January 4, 1960,
through April 1, 1960, while he was an
employee of the Veterans' Administra-
tion. I hope that the committee, to
which this bill is referred, will agree with
me that there are strong equities in favor
of Mr. Tate and that action to relieve
him from this potential liability would
be in the interest of fairplay and Justice.

I ask that the bill may be printed in
the Record.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
will be printed in the Record.

The bill (S. 160) for the reUef ol
Thomas O. Tate, Jr., Introduced by Mr.
Morse, was received, read twice by its
title, referred to the Committee on the
Judiciary, and ordered to be printed in
the Record, as follows :

Be it enacted by the Senate and Hou»e of
Representative* of the United States of
America in Congress assembled. That Thomas
O. Tate, Junior, chief warrant officer. United
States Navy. reUred. of Rogue River. Oregon.
is hereby relieved of all UabUlty to repay to
the United States the sum of SI. 062.93. rep-
resenting salary paid him diu-ing the period
from January 4, 1960. through AprU 1. 1990.
while he was an employee of the Veterans'
Administration, In violation of the Act oC
July 31, 1894 (38 SUt. 162) . as amended, the
said Thomas O. Tate, Junior, having been
erroneously advised by the Veterans' Admin-
istration prior to his employment that such
Act was not applicable to him.

Sac. 3. The Secretary of the Treasiu7 Is
authorlfeed and directed to pay. out of any
money in the Treasury not otherwise ap-
propriated, to the said TlioinM O. Tat*.
Junior, the sum oS any amounts received or
withheld from him on account of the salary
payments referred to In the first section of
this Act.

CHERIE HELEN BRATTON

Mr. MORSE. Madam President (Mrs.
NEUBEROER-in the chair), in accordance
with the previous unanimous-consent
agreement entered into by the Senate, I
proceed now to introduce another pri-
vate bill.

I introduce, for appropriate reference,
a bill for the relief of Cherie Helen Brat-
ton, the adoptive daughter of Miss Nancy
Bratton of Creswell, Oreg.

Miss Bratton is a former Texan who
came to Oregon to teach in the public
school system of Springfield, Oreg. She
is a remarkable lady who obtained a col-
lege education through sheer persever-
ance and hard work while assisting in the
support of her mother.

Recently she learned that It might be
possible for her to adopt, by proxy, a
Korean minor child through the Child
Placement Service, Seoul, Korea.
Through the service she adopted 5-year
old CHierie Helen and now wishes to bring
her to the United States. My bill is de-
signed to achieve that objective.

Madam President, I have reviewed
carefully my file of correspondence with

1961

CONGRESSIONAL RECORD — SENATE

187

Miss Bratton and the many fine charac-
ter references on her behalf. All of
these docimients indicate that Miss
Bratton is a most admirable ijerson and
one who will provide an excellent home
for Cherie Helen. As I told Chairman
Eastland of the Senate Committee on the
Judiciary when I wrote to him on Octo-
ber 21. 1960. relative to this case, it rep-
resents one of the most genuine mani-
festations of Christian charity that it has
ever been my pleasure to consider.

On August 31. 1960, I introduced a
comparable bill, S. 3919 of the 86th Con-
gress, to enable the subcommittee to pro-
ceed with its investigation as promptly
as possible. As a result, the staff of the
Immigration Subcommittee of the Sen-
ate Committee on the Judiciary has done
a considerable amount of preliminary
work on the case.

This bill has great merit, and I trust
that the Committee will be able to issue a
favorable report in the very near future.

I ask unanimous consent that the bill
be printed at this point in the Record and
be appropriately referred.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
wUl be printed in the Record.

The bill <3. 164) for the relief of
Cherie Helen Bratton, introduced by Mr,
MoRSE, was received, read twice by its
title, referred to the Committee on the
Judiciary, and ordered to be printed in
the Record, as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
AmeHca in Congress assembled. That, for
the purposes of sections 101(a) (27) (A) and
205 of the Immigration and Nationality Act,
the minor child. Cherie Helen Bratton, shaU
be held and considered to be the natural-
born aUen child of Nancy Bratton. a cltisen
of the United States: Provided, That the
natural parents of the stOd Cherie Helen
Bratton shall not. by virtue of such par-
entage, be accorded any right. privUege, or
status under the Immigration and National-
ity Act.

PROPOSED REPORTING OP FINAN-
CIAL ASSETS AND SOURCES OP
INCOME

Mr. MORSE. Madam President, be-
ginnirig in 1946, I have introduced into
each Congress legislation requiring that
each Member of Congress make public
his financial assets and sources of in-
come. Recently, I have added to my
original bill that every person on the
Federal payroll receiving a salary in ex-
cess of $10,000 a year, and certain officers
of our political parties, make public his
or her sources of income. Including any
gifts or other assets received by someone
else to be held in trust for the individual
who is in Government or party employ.
In a moment, I shall introduce this legis-
latlcn again.

This is a problem that we hear most
about when some scandalous situation
occurs, usually involving a degree of con-
filct of interest in some part of the ex-
ecutive branch of the Government. It
Is invariably discussed when Cabinet ap-
pointments are made, and it will be dis-
cussed again this year as we pass upon
the qualifications of the new Cabinet ap-
pointees.

With the nomination of Robert Mc-
Namara to te Secretary of Defense, the
subject matter my bill deals with sirises
again. Press reports indicate that In
order to comply with the laws against
conflict of interest, Mr. McNamara must
dispose of several million dollars of as-
sets he owns, or anticipates he would re-
ceive, in the Ford Motor Co. He must
dispose of these assets in order to qualify
for a Job which pays $25,000 a year.

On December 18. 1960. there appeared
in the Washington Post an article by
Mr. Joseph R. Slevin of the Herald Trib-
une news service concerning the conflict
of Interest problem and our failure to
deal with it adequately. The author
comes to the same conclusion I came to
in 1947 when I first prepared this legis-
lation. Mr. Slevin states in part:

Washington long has been cynically aware
that the same Congressmen who are so deter-
mined to shield appointive officials from con-
flicts of Interest buUd no such fences around
themselves. • • • But it is no more possible —
or desirable— to legislate Integrity among
Congressmen than among appointive officials.
If there is to be an antidote, perhaps the
best solution would be a disclosiire law that
would apply equally to Congressmen, Sena-
tors, and appointive officials.

Madam President, I am hopefully in-
troducing my full disclosure bill once
again. I say "hopefully" because I hope
there will be some action on it or a
similar measure before we hear again
about the use of public office for private
gain in some branch of the Federal Gov-
ernment.

I wish to make very clear. Madam
President, that I will accept any modi-
fication of this bill or amendment of this
bill that hearings can show is justified
and would improve the situation from
that which my bill itself would create.
The main thing. Madam President, in my
Judgment, is to pass some legislation on
this subject, so that the public will have
full disclosure of the sources of income
and the amovmts of income of their pub-
lic servants. I do not consider that such
a law would be an Invasion of privacy,
because the decision to enter public
service is reserved to the individual, and
I oelieve the public has a right to know
what may be the sources and amounts of
income of any public servant, so that the
public may judf e for itself whether there
is any cause-and-eflTect relationship be-
tween the income of the individual em-
ployees and the action of public officials.

Brfadam President, I send this bill to
the desk, for appropriate reference, and
ask that the text of it be printed at this
point in the Cowgressional Record.

The PRESIDING OFFICER. The
bill will be received and appropriately
referred; and, without objection, the blU
will be printed in the Record.

The bill (S. 165) to require Members of
Congress, certain other officers and on-
ployees of the United States, and certain
officials of political parties to file state-
ments disclosing the amount and sources
of their incomes, the value of their assets,
and their dealings in securities and com-
modities, introduced by Mr. Morse (for
himself and Mr. Humphrey), was re-
ceived, read twice by its title, referred
to the Committee on Rules and Adminis-

tration, and ordered to be printed in the
Record, as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That each
Member of the Senate cmd House of Repre-
sentatives (including each Delegate and Xles-
Ident Commissioner); each c^Dcer and em-
ployee of the United States who (1) receives
a salary at a rate of $10,000 or more per
anntun or (2) holds a position of grade
GS-15 or above, and each officer In the Armed
Forces of the rank of colonel, or its equiv-
alent, and above: and each member, chair-
man, or other officer of the national com-
mittee of a poUtlcal party shall file annually
with the Comptroller General a report con-
taining a fuU and complete statement of —

(1) the amount and resources of all in-
come and gifts (of f 100 of xaon in money
or value, or in the case of multiple gifts from
one person, aggregating $100 or more In
money or value) received by him or any per-
son on his behalf during the preceding
calendar year;

(2) the value of each asset held by or en-
trusted to him or by or to hinx and any other
person and the amount of each liability
owed by him, or by him together with any
other person as of the close of the preceding
year; and

(3) the amount and source of all con-
tributions during the preceding calendar
year to any person who received anything
of value on his behalf or subject to his di-
rection or control or who, with his acqui-
escence, makes payments for any liability or
expense incurred by him.

Sec. 2. Each person required by the first
section to file reports shall, in addition, file
semlaimuaUy with the OomptroUer General
a report containing a full and complete
statement of all dealings in securities or
commodities by him, or by any person acting
on his behalf or pursuant to his direction,
durii^ the preceding six-month period.

Sbc. 8. (a) Except as provided in subsec-
tion (b), the reports required by the first
sectiCMi of this Act shall be fUed not later
than March 31 of each year; and the reparta
required by section 2 shaU be fUed not later
than July 31 of each year for the six -month
period ending June 30 of such year, and not
later than Janizary 81 of each year for the
six-month period ending December 81 of
the preceding year.

(b) In the case ot any person required
to file reports under this Act whose service
terminates prior to the date prescribed by
subsection (a) as the date for flUng any
repKjrt, such report shall be filed on the last
day of such person's service, or on such later
date, not more than three months after the
termination of such service, as the Comp-
troUer General may prescribe.

Sbc. 4. The reports required by. this Act
shall be in such form and detail as the
Comptroller General may prescribe. The
ComptroUer General may provide for the
grouping of Items of Inccmie, sources ot in-
come, assets. Uabilltles, and dealings in
securities c«- commodities, when separate
itemization is not feasible or not necessary
for an accurate disclosure of a person's In-
come, net worth, or dealings in securities,
and commodities.

Sbc. 6. Any person who willfully falls to
file a report required by this Act or who will-
fully and knowingly fUes a false report shall
be fined $2,000 or imprisoned for not more
than five years, or both.

Sk:. 6. (a) As used in this Act —

(1) The term "income" means gross In-
come as defined in section 22(a) of the In-
ternal Revenue Code.

(2) The term "security" means security as
defined in section 2 of the Securities Act of
1888, as amended (UJ3.C.. title 16. a«c. 77b).

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(8) The term "commodity" means com-
modity as defined In section 3 of the Com-
modity Exchange Act. as amended (U.S.O.,
UUe 7. sec. 2) .

(4) The term "dealings In secvirltlefl or
commodities" means any acquisition, hold-
ing, withholding, use, transfer, disposition,
or other transaction Involving any security
or conmiodlty.

(6) The term "person" includes an In-
dividual, partnership, trust, estate, associa-
tion, corporation, or society.

(b) For the purposes of any report re-
quired ijy this Act, a person shall be con-
sidered to be a Member of the Senate or
House of Representatives, an officer or em-
ployee of the United States and of the armed
services as described In the first section of
this Act, or a member, chairman, or other
ofllcer of the national committee of a politi-
cal party, If he served (with or without com-
pensation) in any such position during the
period to be covered by such report, not-
withstanding that his service may have
terminated prior to December 31 of such
calendar year.

SBC. 7. The Comptroller General shall
have authority to issue, reissue, and amend
rules and regulations governing the publica-
tion of reports, or any part of them. He
shall prescribe fees to cover the cost of
rei>roductlon. In formulating such rules
and regtUatlons. he shall seek to maximize
the availability of reports for purposes of
informing the public and agencies and offi-
cials of the Federal and local governments,
and to minimize use of such records for
private purposes.

PREMERGER NOTIFICATION BILL

Mr. KEPAXJVER. Mr. President, It is
my pleasvire to reintroduce today in the
87th Congress the so-called premerger
notmcation bill. This bill was intro-
duced in the 86th Congress by Senator
Joseph C. OTklahoney. our beloved for-
mer colleague, who worked long and un-
tiringly to obtain legislation designed to
stem the dangerous trend toward in-
creased concentration in American in-
dustry. Similar bills were introduced in
the 84th and 85th Congresses. It was
my privilege to join with Senator
CMahoney in sponsoring this legislation
and in conducting the extensive hear-
ings which were held on these various
bills by the Antitrust and Monopoly Sub-
committee.

With one minor exception this bill pro-
Tides only for procedural changes in the
Clayton Antitrust Act designed to fortify
the authority of the Department of
Justice and the Federal Trade Commis-
sion in their antimerger work. First, it
would require corporations of significant
size to provide advance notice of pro-
posed mergers and acquisitions and to
wait for a period of 60 days before con-
summating the transaction. Secondly,
the bill vests the Federal Trade Commis-
sion with authority to secure preliminary
covirt injunctions to restrain proposed
mergers before their consummation or
to maintain the status quo.

The only substantive change in the
Clayton Act which would be brought
about by this bill is the provision making
section 7 of the act applicable to trans-
actions where either the acquiring corpo-
ration or the corporation from which
stock or assets are acquired is engaged
in interstate or foreign commerce. At
present, the Clayton Act is applicable

only where the corporation from which
stock or assets are acquired is engaged
in such commerce.

Legislation of this kind has in the past
received the active support of President
Eisenhower, the President's Cabinet
Committee on Small Business, the Attor-
ney General, the Federal Trade Commis-
sion, the Department of Commerce, and.
the Small Business Administration. In
the Economic Report of the President
transmitted to the Congress in January
of 1960 a strong recommendation was
made to improve the antlttrust laws by
requiring firms of significant size to noti-
fy the antitrust agencies in advance of
their proposals to merge. The report
also recommended that the Federal
Trade Commission be authorized to seek
preliminary Injunctions In merger cases
where a violation of law is likely.

Another recommendation contained
in this report for improving the antitrust
laws would authorize the Attorney Gen-
eral to compel the production of
documentary evidence required in civil
Investigations for the enforcement of
antitrust laws. I introduced the bill
S. 716, referred to as the civil Investiga-
tive demand bill, to accomplish this latter
piuTxyse. After extensive hearings the
Senate approved this legislation. No ac-
tion was taken In the House before the
86th Congress adjourned. It is my
strong belief that the premerger noti-
fication bill I am now Introducing is a
necessary adjunct to the authority which
the Senate approved last year In the civil
investigative demand bill. The author-
ity provided In each of these bills effec-
tively supplements each other in
strengthening the hands of the antitrust
enforcement agencies.

President-elect Kennedy has an-
nounced his firm determination to pro-
ceed vigorously In enforcing the antitrust
laws. The enactment of this legislation
will represent a vital step in advancing
the New Frontier on the economic front.
The new administration is pledged to Im-
proving the prestige of the United States
abroad. An essential part of this mission
win be to Improve the operation of our
free enterprise system at home.

In the 1960 yearend report to the At-
torney General, the Assistant Attorney
General In charge of the Antitrust Divi-
sion announced that the enforcement of
section 7 of the Clayton Act "ranks
among our most importont activities, ab-
sorbing a good portion of the Antitrust
Division's resources." For the fiscal year
1960. the Department of Justice ex-
amined over 1,100 mergers and began in-
vestigations into 146 of these. Thirteen
cases were filed. In the previous year,
960 mergers were examined, resulting in
107 investigations and 6 merger cases
filed. The Federal Trade Commission re-
ported that 776 mergers were examined
in the first 9 months of 1960.

With Increased emphasis upon anti-
merger activity In both the Department
of Justice and the Federal Trade Com-
mission, it is urgent that the Congress
act speedily to give these agencies the
necessary tools to do the most effective
job. Heretofore, the Congress Las been
dilatory in proceeding with proper speed
to enact this needed legislation. How-
ever, I feel confident that, with more

vigorous leadership at the executive level,
the Congress will Join forces with the
President in moving full speed ahead.

When this bill came before the Judi-
ciary Committee In the 86th Congress, it
was sent back to the Antitrust Subcom-
mittee for additional hearings to supple-
ment those previously held In the 85th
Congress. As a result of these addition-
al hearings, the Antitrust Subcommittee
voted to approve this bill. It Is not my
purpose today to describe In detail the
specific provisions of the bill or the
changes which were recommended by the
Antitrxist Subcc«nmlttee, and which are
incorporated in this bill. I believe it is
sufficient for our purposes to state only
that the changes were designed to mini-
mize the hardships upon the business
community of the notification and wait-
ing requirements. Excluded from the
bill's scope are a large number of busi-
ness transactions engaged in by small
and medium size corporations whidi
have no significant impact uj>on com-
petition.

The PRESIDING OFFICER. The bill
win be received and appropriately re-
ferred.

The biU (S. 166) to amend the Clayton
Act, as amended, by requiring prior noti-
fication of corporate mergers and acqui-
sitions, and for other purposes, intro-
duced by Mr. Kxfauver, was received,
read twice by its tltie, and referred to
the Committee on the Judiciary.

PRODUCTION OF DOCUMENTARY
EVIDENCE

Mr. KEFAUVER. Mr. President, 1
send to the desk for appropriate refer-
ence a biU to authorize the Attorney
General to compel the production of
documentary evidence required tn civil
investigations for the enforcement of the
antitrust laws and for other purposes.

In the first session of the 86th Con-
gress I introduced S. 716 which was very
similar to the bill I am now introducing.
S. 716 was reported by the Judiciary
Committee with some amendments. The
committee recommended that the bill m
amended pass. The bill I am Introduc-
ing today Is identical with the blU re-
ported by the Judiciary Committee to
the floor of the Senate.

The purpose of the proposed legisla-
tion is to enable the Attorney General
or the Assistant Attorney General In
charge of the Antitrust Division of the
Department of Justice to obtain docu-
mentary evidence needed tn civil Investi-
gations for the enforcement of the anti-
trust laws in civil cases. As the law now
stands, the civil Investigations In which
the involved parties refuse to cooperate
in furnishing necessary documentary
evidence, the Attorney General must
either authorize the holding of a grand
Jury and use the subpena power of the
grand jury to obtain the withheld evi-
dence or he must risk filing a civil com-
plaint without having complete Informa-
tion and undertake to obtain necessary
evidence after the filing of the complaint
through the use of the Federal Rules of
Civil Procedure such as interrogatories,
motions to produce documents, deposi-
tions, et cetera.

It seems to me that the holding of a
grand Jury investigation and the use of
criminal subpena power for the develop-
ment of a civil case is a harsh method
for the procurement of civil evidence.
resulting in delay and inconvenience
for the Government and probable em-
barrassment to businessmen against
whom there does not appear to be any
just cause for criminal proceedings. Un-
der the alternative of filing a civil com-
plaint and then proceeding under the
Rules of Civil Procedure to obtain neces-
sary information and evidence, the De-
partment of Justice must proceed at a
considerable risk of having to dismiss a
complaint because their belief of a civil
violation Is not supported when all of
the evidence has been obtained. Since
the Department in such a case is pro-
ceeding without full information, it may
become necessary to further delay the
prosecution of the civil case by substan-
tial amendments to the complaint in
order to make it conform to the evi-
dence which the Department should
have had prior to the filing of the com-
plaint.

This bill which I am Introducing, and
which was recommended by the Judici-
ary Committee in the 86th Congress, in
my opinion, would remedy this weakness
in the enforcement of the antitrust laws
by the Department of Justice and make
its civil enforcement of thoee laws much
more effective.

It has been my observation in my
work in the antitnist field In the Senate,
and persons of long experience In anti-
trust enforcement also have told me,
that obtaining evidence for the enforce-
ment of the antitrust laws has become
much more difficult than in the early
years of the antitrust enforcement pro-
gram. One of the reasons for this situa-
tion is the inadequacy of the power of
the Attorney General to obtain access
to documentary evidence expeditiously
and at the most appropriate time — that
is, before a decision must be made on
whether a complaint should be filed and
before the filing of the complaint.

I believe that this bill should be passed
and would be In the public Interest. Mr.
President, I request that the blU lie on
the table for 5 days in order that any
oUier Senators who wish to cosponsor it
may have the opportunity of doing so.

The PRESIDING OFFICER. The bill
will be received, appropriately referred;
and, without objection, the bill will lie
on the desk, as requested by the Senator
from Tennessee.

The bill <8. 167) to authorize the At-
torney General to compel the production
of documentary evidence required in
civil Investigations for the enforcement
of the antitrust laws, and for other
puiposes. Introduced by Mr. Kkfauver,
was received, read twice by Its titie, and
referred to the Committee on the Judi-
ciary.

SHERMAN ACT AND FEDERAL
TRADE COMMISSION ACT APPLI-
CABLE TO BASEBALL

Mr. KEFAUVER. Mr. President. 1
am introducing a bill to make the Sher-
man Act and the Federal Trade Commis-

sion Act applicable to the organized team
sport of baseball and to limit the appli-
cability of such laws so as to exempt
certain aspects of the organized pro-
fessional team sports of baseball, foot-
ball, basketball, and hockey, and for
other purposes. This bill is the same as
S. 3483 which I introduced In the 86th
Congress. It has two principal pur-
poses; namely, the correction of the dis-
criminations and Inequities which were
created by the conflicting decisions of
the Supreme Court in applying the anti-
trust laws to the different sports and the
granting to ea^h of the four professional
team sports exemptions from the anti-
trust laws and the Federal Trade Com-
mission Act which are believed necessary
to allow those sports to exist without
undue legal harassment.

The bill Is divided into two titles.
Title I grants exemptions from the Sher-
man Act and the Federal Trade Com-
mission Act to the professional sports of
football, basketball, and hockey. Title
II places professional baseball under the
Sherman Act and the Federal Trade
Commission Act since the Supreme Court
held that professional baseball was not a
business within the application of those
acts, and in later decisions indicated its
belief that the reversal of the Supreme
Court's old decision by placing baseball
under the antiti-ust laws should be left
to the Congress since the Congress was in
better position to do so. Title n then
exempts from the Sherman Act and the
Federal Trade Commission Act certain
agreements and actions by professional
baseball which are needed for the con-
tinued success and growth of the pro-
fessional sport.

The exemptions as to all of the sports
Include actions and agreements neces-
sai-y to permit the organized sports to
provide for. flrst, the equalization of
competitive playing strengths; second,
the employment, selection, or eligibility
of players, or the reservation, selection,
or assignment of player contracts; third,
the right to operate within specific geo-
graphic areas with certain limitations on
that right; and, fourth, the preservation
of public confidence in the honesty in
sports contests.

The exemption for the sport of base-
ball with respect to the reservation, se-
lection or assignment of player con-
tracts has certain limitations which are
not applied to the other sports due to
circumstances with respect to players
which are peculiar to organized baseball
and do not exist in the other sports.

The bill also provides with respect to
all of the sports named in It an exemp-
tion from the antitrust laws to which I
have referred with respect to telecasting
of professional games. This exemption
is so qualified as to prevent the destruc-
tion of college footbaU by telecasting
professional games Into the home terri-
tory of a college game when the college
game is being played without the con-
sent of the colleges holding the game.
Since the sports other than baseball do
not have minor league clubs, the de-
struction of college games is the only
problem involved in telecasting by the
professional clubs in those sports. How-
ever, in baseball there is a minor league

system which appears to be necessary to
the success and growth of the major
leagues. It, therefore, is necessary to
give protection to the minor leagues in
the telecasting of major league games.
This protection is aff(M*ded in titie n of
the bill. A major league club may not
telecast In the home territory of a minor
league game during the time when that
game is being played without written
consent of the minor league club. In
order that a minor league club which
may desire to permit telecasting pro-
vided thej' are compensated for the losses
Incurred through such telecasting by the
major league, the bill provides that or-
ganized baseball can work out agree-
ments with respect to the distribution of
all or any part of the revenues received
from telecasting any or all contests in
the sport of baseball.

The similar bill Introduced In the 86th
Congress received the support of the
National College Athletic Association,
and the sports affected by the bill other
than organized baseball. In the hear-
ings on the bill in the 86th Congress the
Subcommittee on Antitrust and Monop-
oly has repeatedly suggested to organ-
ized baseball that it should adopt rules
which would remedy the situation with
respect to player control. It has been
my hope that baseball would take such
action but thus far no adequate action
in this respect has been taken, in my
opinion. You, I am sure, have read in
the press the difficulties which confront-
ed the proEKJsed Continental League and
which have recently confronted the new
teams which have been added to the ex-
isting American and National Leagues.
It does not appear too promising at this
time for the success of the four new
teams during the coming season, which,
in my opinion, results very largely from
the monopoly situation with respect to
players now existing In organized pro-
fessional baseball.

Mr. President. I hope that this biU will
pass, and I request that it lie on the table
for 5 days in order to afford any other
Senators who desire to cosponsor it that
opportunity.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and. without objection, the bill
will lie on the desk, as requested by the
Senator from Tennessee.

The bill (S. 168) to make the Sherman
Act and the Federal Trade Commission
Act applicable to the organized team
sport of baseball and to limit the ap-
plicability of such laws so as to exempt
certain aspects of the organized profes-
sional team sports of baseball, football,
basketball, and hockey, and for other
purposes, introduced by Mr. Kefattver,
was received, read twice by its title, and
referred to the Committee <m the Ju-
diciary.

NATIONAL WILDERNESS PRESER-
VATION SYSTEM

Mr. ANDERSON. Mr. President, I
introduce, for appropriate reference, a
bill to authorize the establishment of a
national wilderness preservation system,
and for other purposes. I ask unanimous
consait that the text of the bill together

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with the attached statement regarding
wildemeases be printed In tvH in the

RXCOBD.

The PRESIDING OFFICER. The bill
wiU be received and appropriately re-
ferred; and. without objection, the bill
and statement will be printed in the
Rkcobo.

The bill (a 174) to establish a na-
tional wlldemeas preaervation system
for the permanent good of the whole
people, and for other purposes. Intro-
duced by Mr. Anderson, was received,
read twice by its title, referred to the
Committee on Interior and Insular Af-
fairs, and ordered to be printed in the
RscoRo, as follows:

8. 174
A bill to establish a national wlldernesa

preservation system for the permanent

good of the whole people, and for other

purposes

Be it enacted by the Senate and House
of Bepreaentativea of the United Statea of
America in Congreaa aaaembled,

Shost Tttlm
SscTZON 1. This Act may be cited as the
"WUdemess Act."

WXLAESNXSS STSTZIC XSTABUSHSS

Statement of policy

Sao. 2. (a) The Congress recognlaes that an
Increasing population, accompanied by ex-
panding settlement and growing mechaniza-
tion. Is destined to occupy and modify all
areas within the United States and Its pos-
sessions except those that are designated for
preseryatlon and protection In their natural
condition. It Is accordingly declared to be
the poUcy of the Congress of the United
States to seciire for the American people of
present and future generations the benefits
of an enduring resource of wilderness. For
this purpose there Is hereby established a
national wilderness preseryatlon system to
be composed of federally owned areas In the
United States and Its possessions to be ad-
ministered for the use and enjoyment of the
American people In such manner as will
leave them unimpaired for future use and
enjoyment as wilderness, and so as to pro-
Tide for the protection of these areas, the
preservation of their wilderness character,
and for the gathering and dissemination of
Information regarding their use and enjoy-
ment as wilderness.

Definition of wildemeaa
(b) A wilderness. In contrast with those
areas where man and his own works domi-
nate the landscape. Is hereby recognized as
an area where the earth and Its commtmlty
of life are untrammeled by man, where man
himself Is a visitor who does not remain.
An area of wilderness Is fiuther defined to
mean In this Act an area of undeveloped
Federal land retaining Its primeval charac-
ter and Influence, without permanent Im-
provements or human habitation, which la
protected and managed so as to preserve Its
natural conditions and which (1) generally
appears to have been affected primarily by
the forces of nature, with the Imprint of
man's works substantially unnotlceable; (2)
hai outstanding opportunities for solitude
or a primitive, and unconflned type of rec-
reation; (3) Is of sufficient size as to make
practicable Its preservation and use In an
unimpaired condition; and (4) may also con-
tain ecological, geological, or other features
of scientific, educational, scenic, or his-
torical value.

NATXOMAX. WXLDBairxaa PaSSXBVATXOM STsmi

Extant of ayatem
Bac. S. (a) Tlie national wildemees pres-
ervation system (hereafter referred to in
this Act as the "wUdemess system") shall

comprise (subject to existing private rights)
such federally owned areas as are established
as part of such system under the provisions
of thla Act.

National foreat areoM

(b)(1) The wilderness system ehall In-
clude all areas within the national forests
classified on the effective date of this Act by
the Secretary of Agriculture or the Chief of
the Fewest Service as wilderness, wild, primi-
tive, or canoe: Prooided, That the areM
classified as primitive shall be subject to re-
view as hereinafter provided. Following en-
actment of this Act. the Secretary of Agri-
culture shall, within fifteen years, review,
in accordance with paragraph C, section
251.20, of the Code of Federal Regulations,
title 36, effective January 1, 1959. the suit-
ability of each primitive area In the national
forests for preservation as wilderness and
shall report his findings to the President.
Before the convening of Congress each year,
the President shall advise the United States
Senate and the House of Representatives of
his recommendation with respect to the con-
tinued Inclusion within the wilderness S3rs-
tem, of each area on which review has been
completed in the preceding year, together
with maps and definition of boundaries:
Provided, That the President may, as part
of such recommendations, alter the bound-
aries existing on the date of this Act for any
primitive area Included, to exclude portions
not predominantly of wilderness value or to
add any adjacent area of national forest
lands that are predominantly of wilderness
value. The recommendation of the Presi-
dent with respect to each area shall become
effective subject to the provisions of subsec-
tion (f) of this section.

(3) The purposes of this Act are hereby
declared to be within and supplemental to
but not in interference with the purposes
for which national forests are established as
set forth in the Act of June 4. 1897 (30 Stat.
11) and the Multiple Use-Sustained Yield
Act of June 12. 1960. Public Law 86-517 (74
Stat. 216).

National park system areas
(c)(1) There shall be Incorporated into
the wilderness system, subject to the provi-
sions of and at the time provided in this
section, each portion of each park, monu-
ment, or other unit in the national park
system which on the effective date of this
Act embraces a continuous area of five thou-
sand acres or more without roads. Within
ten years after the effective date of this Act,
the Secretary of the Interior shall review
the units of the national park system and
shall report his recommendations for the
incorporation of each such portion into the
wilderness system to the President. Before
the convening of Congress each year, the
President shall advise the United States Sen-
ate and the Ho\ise of Representatives of his
reconunendatlons with respect to the in-
corporation Into the wildemees system of
each such ix>rtlon for which review has been
completed in the preceding year, together
with maps and definitions of boundaries.
The recommendation of the President with
respect to each such portion shall become
effective subject to the provisions of sub-
section (f ) of this section.

(2) The Secretary of the Interior shall
Include, as part of his reconunendatlons to
the President under the provisions of this
subsection, a description of the parts of each
park monument or other unit submitted
which should be reserved for roads, motor
trails, buildings, accommodations for visi-
tors, and administrative installations. Such
parts shall be determined in accordance with
the procedures for rulemaking under sec-
tion 4 of the Administrative Procedure Act
(S UB.C. lOOB). except that the public
notloe required under such section shall be
at least nlne^ days prior to the determina-
tion proceedings. No designation of an area

for roads, motor trails. bulkUngt, acootnmo-
dations for visitors, or administrative instal-
lations shall modify or affect the appUcation
to that area of the provisions of the Act ap-
proved August 2S. 1916. entitled "An Act to
establish a National Park Service, and for
othM- purpoaes" (39 Stat. &S5. 16 U.8.O. 1 and
following). The acconunodatlons and In-
stallations in such designated areas ahall be
incident to the conservation and use and en-
joyment of the scenery and the natural and
historical objects and flora and fauna of the
park or monument In its natural condition.
Further, the inclusion of any area of any
park, monument, or other unit of the na-
tional park system within the wUdemess
system pursuant to this Act shall In no man-
ner lower the standards evolved for the uae
and iweservation of such area in aocordanoe
with such Act of August 35. 1916, the statu-
tory authority under which the area was
created, or any other Act of Congress which
might pertain to or affect such area. Includ-
ing but not limited to. the Act of June 8,
1906 (34 Stat. 325; 16 VSC. 482 and follow-
ing): section 8(2) of the Federal Power Act
(16 TJB.O. 796(2)): and the Act of August
21. 193fi (49 Stat. 666; 16 UJ3.C 461 and
following) .

Nation€U wtUUife refuge* and pome range*

(d) There shall be lncorix>rated Into the
wUdemess system, subject to the provisions
of and at the time provided in this section,
such portions of the wildlife refuges and
game ranges under the jurisdiction of the
Secretary of the Interior as he may recom-
mend for such incorporation to the Presi-
dent within ten years following the effective
date of this Act, and such portions of the
wildlife refuges and game rangea added to
hia Jurisdiction after such date but not
later than fifteen years following stKh date
as be may recommend for such incorporation
to the President within two years following
the date on which such refuge or range was
added to his Jurisdiction. Before the con-
vening of Congress each year the President
shall advise the United States Senate and the
House of Representatives of his recommenda-
tions with respect to the incorporation into
the wilderness system of each area recom-
mended for such incorporation by the Secre-
tary of the Interior during the preceding year,
together with maps and definitions of bound-
aries. The recommendation of the Presi-
dent with respect to each area shall become
effective subject to the provlslCMis of sub-
section (f) of this section.

Modification of boundarie*

(e) Any proposed modification or adjiist-
ment of boundaries of any portion of the
wilderness system established in accordance
with this Act shall be made by the appro-
priate Secretary after public notice of such
proposal by publication in a newspaper hav-
ing general circulation in the vicinity of
such boundaries and public hearing to be
held In such vicinity not less than ninety
days after such notice If there is sufficient de-
mand during such ninety days for such hear-
ing. The propoaed modification or adjust-
ment shall then be recommended with map
and description thereof to the President.
The President shall advise the United States
Senate and the House of Representatives at
his recommendations with respect to such
modification or adjustment and such rec-
onunendatlons shall become effective sub-
ject to the provisions of subaectlon (f) of
this section.

Effective date of Freaidenfa recommendation*

(f ) Any recommendation of the President
made in accordance with the provisions of
this section shall take effect upon the day
following the adjournment sine die of the
flrst complete session of the Congress fol-
lowing the date or dates on which such
recommendation was received by the United
States Senate and the House of Representa-

tives: but only if priw to such adjournment
the Congress did not approve a concurrent
resolution declaring that the Congress is op-
posed to such recommendation. Any such
concurrent resolution shall be subject to the
procedures provided under the provisions of
sections 203 through 206 of the Reorganiza-
tion Act of 1949 (5 VS.C. 183Z-12— 133Z-15)
for a resolution of either House of Congress.

Effect of public notice of propoaed addition
to toilderneaa system

(g) The public notice by either the Sec-
retary of the Interior or the Secretary of
Agriculture that any area is to be proposed
under the provisions of this Act for incorpo-
ration as part of the wilderness system shall
segregate such area from any or all appro-
priation under the public land laws to the
extent deemed necessary by such Secretary.
Such eegregation shall terminate (1) upon
rejection of such proposal by the Presldrat,
(2) upon approval by the Congress of a c<fa-
current resolution opposing the IncorpoA-
tlon at such area in the wilderness system,
or (8) flve years after the date of such notice
If the proposal to incorporate such area as
part of the wilderness system has not been
submitted to both Houses of Congress prior
to the expiration of such flve years.

Addition or elimination not provided for
in thia act

(h) The addlUon of any area to, or the
elimination of any area from, the wilder-
ness system which is not specifically pro-
vided for under the provisions of this Act
shall be made only after specific authoriza-
tion by law for such addition or elimination.
ACQinamoN or ckbtain paivATiLT owned

LAKOe WrrHIN THX WILDEENESS 8T8TEM

8k. 4. The Secretary of the Interior and
the Secretary of Agriculture are each au-
thorized to acquire as part of the wilderness
system any privately owned land within any
portion of such system under his jurisdic-
tion.

OUTS Oa BEQUESTS or LAND

Sac. 8. The Secretary of Agrlculttire and
the Secretary of the Interior may each ac-
cept gifts or bequests of land for preservation
as wilderness, and such land shall on accept-
ance become part of the wilderness system.
Regulations with regard to any such land
may be In accordance with such agreements,
consistent with the policy of this Act. as are
made at the time of such gift, or such con-
ditions, consistent vrlth such policy, as may
be included in, and accepted with, such be-
quest.

irSB OF THE WnJ>EaNSSS

Other provisions of law
Sac. 6. (a) Nothing in this Act shall be
Interpreted as Interfering with the purposes
stated in the establishment of. or pertain-
ing to, any park, monument, or other unit
of the national park system, or any national
forest, wUdllfe refuge, game range, or other
area Involved, except that any agency ad-
ministering any area within the wilderness
system shall be responsibly for preserving the
wilderness character of the area and shall so
administer such area for such other purposes
as also to preserve Its wilderness character.
The wilderness system shall be devoted to
the public purposes of recreational, scenic,
scientific, educational, conservation, and
historical use. Subject to the provisions of
this Act, all such use shall be In harmony,
both in kind and degree, with the wilderness
environment and with Its preservation.

Prohibition of certain uaea
(b) Except as specifically provided for in
thU Act and subject to any existing private
rights, there shall be no conunercial enter-
prise within the wilderness system, no per-
manent road, nor shall there be any use of
motor vehicles, motorized equipment, or
motorboats. or landing of aircraft nor any
other mechanical transport or delivery of

persons or supplies, nor any temporary road,
nor any structure or Installation, in excess of
the minimum required for the administra-
tion of the area for the purposes of this Act,
Including such measures as may be required
In emergencies Involving the health and
safety of persons within such areas.

Special protHaions
(c) The following special provisions are
hereby made:

(1) Within national forest areas Included
In the wilderness system the use of aircraft
or motorboats where these practices have
already become well established may be pjer-
mltted to continue subject to such restric-
tions as the Secretary of Agriculture deems
desirable. In addition such measures may
be taken as may be necessary In the control
of fire. Insects, and diseases, subject to such
conditions as the Secretary of Agriculture
deems desirable.

(2) Within national forest and public
domain areas included In the wilderness
system, (A) the President may. within a spe-
cific area and in accordance with such regula-
tions as he may deem desirable, authorize
prospecting (Including exploration for oil
and gas), mining (including the production
of oil and gas), and the establishment and
maintenance of reservoirs, water- conserva-
tion works, and other facilities needed In the
public Interest, Including the road construc-
tion and maintenance essential td develop-
ment and use thereof, upon his determina-
tion that such use or uses In tte specific
area will better serve the Interests of the
United States and the people thereof than
win Its denial: and (B) the grazing of live-
stock, where well established prlDr to the
effective date of this Act with i-espect to
areas established as part of the wUdernees
system by this Act, or prior to the date of
public notice thereof with respect to any
area to be recommended for incorporation in
the wilderness system, may be permitted to
continue subject to such restrictions as are
deemed necessary by the Secretary having
jurisdiction over such area.

(3) Other provisions of this Act to the
contrary notwithstanding, the management
of the Boundary Waters Canoe Area, formerly
designated as the Superior, Little Indian
Sioux, and Caribou roadless areas In the
Superior National Forest, Minnesota, shall be
in accordance with regulations established
by the Secretary of Agriculture in accord-
ance with the general purpose of maintain-
ing, without unnecessary restrictions on
other uses, including that of timber, the
primitive character of the area, pju-tlcularly
in the vicinity of lakes, streams, and port-
ages: Provided. That nothing In this Act
shall preclude the continuance v^lthln the
area of any already established use of motor-
boats. Nothing in this Act shall modify the
restrictions and provisions of the Shlpstead-
Nolan Act, Public Law 539. Seventy-first
Congress, July 10, 1980 (46 Stat. 1020), the
Thye-Blatnlk Act, Public Law 733, Eightieth
Congress, June 22. 1948 (62 Stat. 568). and
the Humphrey-Thye-Blatnlk-Andresen Act,
Public Law 607, Eighty-fourth Congress. June
22, 1958 (70 Stat 326), as applying to the
Superior National Forest or the regulations
of the Secretary of Agriculture. Modifica-
tions of the Boundary Waters Canoe Area
within the Superior National Forest shall be
accomplished in the manner provided in
section 3(e).

(4) Commercial services may be performed
within the wilderness system to the extent
necessary for activities which are proper for
realizing the recreational or other purposes
of the system as established in tills Act.

(5) Any existing use or form ol appropri-
ation authorized or provided for in the Ex-
ecutive order ot legislation establishing any
national wUdllfe reftige or game range exist-
ing on the effective date of this Act may be
continued tmder such authorization or pro-
vision.

(6) Nothing In this Act shall constitute
an express or Implied claim or denial on the
part of the Federal Government as to exemp-
tion from State water laws.

(7) Nothing In this Act shall be construed
as affecting the jurisdiction or responsibili-
ties of the several States with respect to
wildlife and fish in the national forests.

EBCOBDS AND REPOETS

Sec. 7. The Secretary of the Interior and
the 8ecret€U"y of Agriculture shall each main-
tain available to the public records of por-
tions of the wilderness system under his
jurisdiction. Including maps and descrip-
tions, copies of regulations governing them,
copies of public notices of, and reports sub-
mitted to Congress regarding pending addi-
tions, eliminations, or modifications. At the
opening of each session of Congress, the Sec-
retaries shall jointly report to the President
for transmission to Congress on the status of
the wilderness system, including a list and
description of areas In the system, regula-
tions In effect, and other pertinent infor-
mation, together with any reconunendatlons
they may care to make.

CONTBIBUnONS AND CXTTS

Sec. 8. The Secretary of the Interior and
the Secretary of Agriculture are each author-
ized to accept private contributions and gifts
to be used to further the purposes of this
Act. Any such contributions or gifts shall,
for purposes of Federal Income, estate, and
gift taxes, be considered a contribution or
gift to or for the use of the United States
for an exclusively public purpose, and may
be deducted as such under the provisions of
the Internal Revenue Code of 1954, subject
to all applicable limitations and restrictions
contained therein.

The statement presented by Mr. An-
derson is as follows:

Statement bt Senator Anderson om the
Wnj>ERNESS Bux

Some three dozen years ago a young forest
supervisor in New Mexico enlisted me in the
cause for wilderness preservation. That was
Aldo Leopold, who became one of the emi-
nent conservationists of our generation. As
I have said before, I shall never forget how he
poured out his heart on the subject of primi-
tive tracts which seemed likely to be de-
stroyed with the development of the auto,
the truck, and speedier methods of trans-
portation.

I talked with Aldo Leopold many times
about wilderness, where It would be possible
to preserve scenic beauty and the natural
accompaniments of areas unspoiled by man-
made changes, the flsh and wildlife which
had once owned these areas themselves, the
forests and mesas, the canyons and open
parks, the whole environment In which we
ourselves can often feel most deeply re-
freshed. Inspired in the scenes of our own
distant beginnings.

THE NEW BILL

Today I have the privilege of seeking to
advance In a very significant way this cause
of wilderness preservation, as I Introduce for
appropriate reference a bill to establish a
national wilderness preservation system fcM-
the permanent good of the whole people, and
for other pxu-poses. This Is the wilderness
btU.

It ts 6 years now since the distinguished
and far-seeing Senator from Minnesota |Mr.
HuMPHRETJ first introduced such a measure
to this body. Through two Congresses, our
Committee on Interior and Insular Affairs
has considered this proposed legislation. Ex-
tensive hearings have been held both In
Washington, DC, and in the field. Four vol-
tunes of printed testimony have been assem-
bled. The constructive criticism of the ex-
ecutive agencies concerned with the lands
Involved has been received and studied. Ob-
jections of various groups have been met with

m

!ii

c6!»«ls§idMAt felEc5R6- Senate

January 5

1961

CONGRESSIONAL RECORD — SENATE

193

\

%

5

\

I

li

Nil

T«TUiona, eliminations ot iindeslrabla taa-
turea. and the Inclusion of varioxis special
provisions, to meet particular needs and to
avoid tbe disruption of established practices
or Interference with private rights or with
necessary developments in the public In-
terest.

After 4 years of such constructive revision,
and In response to an Increasing public sup-
pcurt and a deep sense of urgency In our reali-
zation that we must act promptly or run the
risk of losing much of oiu: opportunity, It
seems to me that we should now proceed to
act.

Accordingly, I have with great care pre-
pared the new bill that I now introduce, a
streamlined revision based on our commit-
tee's experience during the past two Con-
gxesees and on a comprehensive study of the
requirements of such legislation and the best
ways for meeting them with due regard for
all the Interests Involved.

It Is my purpose to do all that I can to
advance this legislation, and I urge It upon
the Senate at the beginning of this Congress
as an outstanding opportunity to accomplish
an enduring benefit In establishing a sound
national policy and program for preserving
a precious and significant resoiirce of wil-
derness.

BZASOIf 8 rOH WnjtZKITESS

There are profound and various reasons
that give great Importance to our concern
with preserving areas of wilderness. These
reasons are not solely concerned with our
recreation, vital as this can be to the health
of Individuals or a nation. There also are
educational and historical values, and it may
be that the scientific values related to our
human understanding of nattnral processes
In relation to our own enterprise may prove
to be the greatest of all.

BSNCHMASXS

In the wilderness are the benchmarks of
reference for the civilization that we still
are perfecting. Dr. Luna B. Leopold, Chief
of the Water Resources Division of the UjS.
Geological Survey, distinguished and worthy
son of the pioneer conservationist Aldo Leo-
pold, has recently emphasised these *ni}ench-
mark" values of wilderness In connection
with the question of falling water tables.
Dr. Leopold points out that "the lack of a
datum increases greatly the dUBculty of ap-
praising the volumes of water available, and
the rates of recharge, and of understanding
the implication of changes of water tables;
further, it makes very dlfflcult the prognosis
of future status of an Individual aquifer."

Thus one engineer and scientist stresses
the reference values of areas of wilderness.
"We take it for granted," says Luna Leopold,
"that there is some social gain in the erec-
tion and maintenance of a museum of fine
arts, a museum of natural history, or even
a historical museum. Sooner or later we
ought to be mature enough to extend this
concept to another kind of museum, one
of which you might call the museum of land
tjrpes, consisting of samples as iininfluenced
•s poeslble by man."

roa THX WHOLX PXOPLX

The comparison of wilderness areas to
museiuns ts a valid enlightening one in
various ways. Not only does it Illustrate
Dr. Leopold's evaluation of wilderness for
scientific reference purpoees as well as for
edticational and recreational purpoees, It
also lll\i8trates the fact that oiir areas of
wUdemefs are for everyone, tot the whole
people, for anyone, not for a selected few.
Like o\ir museums and our art galleries, oiur
wilderness areas may at any given time be
visited by a relatively small percentage of
our people, yet they are available to any who
will use them, part of our cultural resotirce
as well as oxxr natural heritage. We shotild
regard them as such and cherish them.

Wnj>B3UnES8 SBCXXATIOK

Yet we must recognize and emphasise
more than we have, the values of wilderness
recreation In providing for the health and
vigor of our citlaens.

"Physical fitness Is the basis a< aU the
activities of our society," and I say this In
the words of President-elect John F. Kennedy
writing thus in last week's (Dec. 36. 1900)
issue of Sports Illustrated. In an article
entitled "The Soft American." this great
and vigorous leader warns that this "age of
leisure and abundance can destroy vigor and
muscle tone as effortlessly as it can gain
time."

"Many of tie routine physical activities
which earlier Americans took for granted," he
points out. "are no longer part of our dally
life. A single look at the packed parking
lot of the average high school will tell us
what has happened to the traditional bike to
school that helped to build young bodies.
The television set, the movies, and the
myriad conveniences and distractions of
modern life all lure our young people away
from the strenuous physical activity that is
the basis of fltnees in youth and in later
life."

"Thiu." declares our soon-to-be President.
John F. Kennedy, "the physical fitness of
our cltlsens Is a vital prerequisite to Amer-
ica's realization of its full potential as a na-
tion, and to the oppiortunity of each indi-
vidual citizen to make full and frultftQ use
of his capacities."

The Honorable John P. Satloh, with whom
I am pleased to be associated on the Outdoor
Recreation Resources Review Commission, a
recreation and wilderness champion In the
House of Representatives, has made this
same emphasis on physical fitness by quot-
ing the Director of Selective Service, liaj.
Oen. Lewis B. Hershey, as saying: "We are
not Inherently a nation of softies, but It is
a harder fight for us to stay fit than for a lot
of less privileged i>eople."

"Our kids are all right," said Oeneral Her-
shey, "but autos, innersprlng mattresses, and
regulated beating make it tougher for us to
stay fit." Mr. Satlos agreed with General
Hershey'B comment that "we've got to stay
vigorous and stlU enjoy our luxury.'' and he
added the suggestion that our wilderness
areas give us a chance to develop physical fit-
ness snd adventurous habits of mind, as well
as find relief for Jaded mmds. tense nerves,
and soft muscles.

WITHOUT DAMAOIMO OTHSB ntTOtSSTS

It Is not too late In our land-management
history. Mr. President, to meet theee needs
for wilderness and realize Its benefits with-
out damaging other interests or requiring
sacrifices. If we act promptly we can provide
for a system of wilderness areas that will
preserve this resoiirce without taxing any
other in any foreseeable future, and we can
do this with the confidence that If our suc-
cessors ever do foresee such need they will
find that we have saved for them the wilder-
ness and have not needlessly destroyed It
ourselves.

Our peculiar opportiinlty lies principally
in the fact that within our national forests,
national parks, refuges, ranges, and other
areas dedicated to some kind of preservation
purpose there are areas of wilderness that
can be preserved as such without Interference
with the other purposes which the areas now
serve. It is this opportunity that we propose
to realize in establishing the policy and pro-
gram of this wilderness bUl.

panvciFixs or rax siix
Recognizing "that an increasing popula-
tion, accompanied by expanding settlement
and growing mechanization. Is destined to
occupy and modify all areas • • • except
those that are designated for preservation
and protection in their natural condition,"
this bill declares a policy of securing "for the

American people of present and f utwe gen-
erations the benefits of an enduring re-^
source."

For this purpose the bill would establish
"a national wilderness preservation system
to be composed of federally owned areas * • •
to be administered for the use and enjoy-
ment of the American people in such man-
ner as will leave them unimpaired for future
use and enjoyment as wlldemees, and so as
to provide for the protection of theee areas,
the preservation of their wilderness charac-
ter, and the gathering and dissemination of
Information regarding their use and enjoy-
ment as wilderness."

It is a key declaration at ttt» measure,
at the outset of Its section on the use of
vrlldemess, that "nothing In this Act shall be
interpreted as Interfering with the purposes
stated In the establishment of. or pertaining
to, any park, monument, or other unit of ths
national park system, or any national forest,
national wildlife refuge, or other area in-
volved, except that any agency administer-
ing any area within the wilderness system
shall be responsible for preeerrlng the wU-
demess character of the area."

A aSLsnvXLT SMAXX PAST ov ous LAsrs

The reaEonableness of such a policy and
program is fxirtber emphasised by an vmder-
standlng of the relatively small part of our
land area that is thus affected. All the
lands that could possibly be now thiu dedi-
cated to wilderness u§e and protection— and
they would be within already established na-
tional forests, refuges, parks or similar Fed-
eral area; — would make up only about one-
flftleth of our land.

Only about 6 percent of our Federal sststs
would be thus preserved, and for the moet
part it would be in the high country of the
national forests, the back coxintry of the
national parks, in areas not now open to
exploitation. Only by act of Congrees would
new areas beyond those provided for in this
act be established. At such little cost we
can attain such great ends.

THx souxcss OP oux spntrruAL wklpabs
It is my purpose now to conclude theee re-
marks with the obeervatlon that while we
must deal here in the Congrees with thses
matters as subjects of carefully deelgned pro-
granu and policies determined in the light
of economic and other governmental reali-
ties, we should likewise recognize that we
are dealing with the sources of cmx spiritual
welfare alco. with the esthetics of our com-
mon life, not with bread alone, but with our
Inheritance of a great outdoors reeouros.

For some 3 years now our Outdoor Recrea-
tion Reeources Review Commission has been
studying these reeources and our needs. We
are appro.<ching the time of our recom-
mendations. The enactment of this wilder-
ness legislation will help this Commlrslon
In Its work. It will provide procedures by
which the recommendations of the Oom-
mlssion with reference to wilderness can ef-
fectively be carried out. and the existence of
these procedures can Indeed facilitate the
very formulation of such recommendations.
This leglslaUon will establish a policy and
program regarding wlldemcES which will give
shape and orderllnees to the Outdoor Recrea-
tion Commission's conslderstions relating to
wilderness. To all our concerns with the
preservation of all the great values of wilder-
ness the measure here presented will con-
tribute the advantage- of a carefully con-
sidered, sound, and enduring orderly policy
and program — a practical way of dealing with
both idealism and reality, which here ootne
close together.

WS HAVS AM OBUOATIOM

Six years ago last September It was my
prlvUege to dedicate a memorial erected bf
the Wilderness Society in cooperation with
the Forest Service in honor of my early men-
tor. Aldo Leopold, at a beautiful windswept

Hew Mexico site "overlooking," in the words
of the bronze UUet itself "overlooking the
Gila Wlldemees, which he helped estabUsh —
first national forest area so designated —
dedicated as a tribute to him for the national
wilderness preservation system he helped
create." I said then:

"Tht work of Aldo Leopold has been done.
We now become trustees of his inheritance.
Thoee of \u who may visit within the wilder-
ness ^"<* who are able to rest and be restored
in our peace of mind and body by the quiet
that It will always possess have nonetheless
an obligation to see that the work of one
generation shall not be sacrificed by those
that come after. Ws have an obligatior. to
make sure that this area (and others like it)
may remain imtouched for generations and
perhaps centiiries to come. We cannot take
our burdens as trusteee lightly if we are to
keep faith with Uuwe who struggled so
mightily to achieve these precious spots
within ths confiixes of a busy continent.
The erection of this memorial — reminds each
of us that our lives as well can contribute to
the things that mean beauty for the eye and
rest for the spirit. We, too, can preserve the
wUdemesB."

These words of e years ago at a memorial
for one of our pioneers I am glad today to
recall and iterate with regard for aU of
those who through the years have contrib-
uted to the opportunity we now face and
cherish. We can preserve wilderness, and
I commend to you this wilderness bill as a
soimd. reasonable, considerate, but effective
charter for doing so.

Mr. ANDERSON subsequently said:
Mr. President, earlier I introduced a so-
called wilderness biU. I find that the
Junior Senator from Washington [Mr.
Jackson] desires to be a cosponsor of the
bill; and tiiere may be other cosponsors.
I rA unanimous consent that the bill re-
main at the desk for 2 days, so that the
names of additional sponsors may be
added to the bill, if that is desired.

The PRESIDING OFFICER (Mr. Moss
in the chair) . Without objection, it is so
ordered.

PROTECTION OF NATIONAL PARKS
AND MONUMENTS UNDER COLO-
RADO RIVER STORAGE PROJECT
ACT

Mr. MOSS. Mr, President, I introduce
for appropriate reference a bill to amend
Public Law 485 of the 84th Congress, the
Upper Colorado Storage Project Act, to
remove the provisions requiring that the
Secretary of the Interior construct so-
called protective works to prevent im-
pairment of the Rainbow Bridge Na-
tional Monument in southern Utah from
the waters of Olen Canyon Dam on the
Colorado River.

I firmly believe that a serious mistake
was made in writing these provisions
into the act at the time it was passed,
and that we must now move to correct
that mistake. Otherwise we will spend
at least $25 million needlessly, we will
scar the primitive beauty of the Rain-
bow Bridge National Monument, and we
will fail to make this spectacular natural
wonder as accessible as it should be to
the public.

In the 86th Congress, I sponsored a
bill identical to the one I am now intro-
ducing. However, work on the Glen
Canyon Dam had progressed to the point
where it would be possible to start filling
the Lake Powell Reservoir in 1962.

CVn 18

Therefore, the Secretary of the Interior,
as required by the act, had requested
funds to start construction of the pro-
tective works to prevent the waters from
the dam txoax. backing yxp imder the
monument, and, if I was to forestall that
construction, I had to direct my energies
to stopping the impropriation. Ik>th the
House and Senate Appropriations Com-
mittees agreed that so-called protective
works were unnecessary, and U:ie funds
should not be appropriated in tue fiscal
1961 bill.

To clarify the problem, let me give
a little background. The Rainbow.
Bridge National Monument was created
by Presidential proclamation in 1910. It
comprises an area of 160 acres in San
Juan County, Utah, 5 mUes north of the
Arizona border, and 30 miles from the
Glen Canyon damsite. At the present
time it can be reached only by mule pack
over a 15-mile trail from ths Utah-
Arizona border, or by a 6-mile hike from
the Colorado River.

It is the largest known natural bridge
in the world, rising 309 feet above the
canyon floor. The arch was formed by
the waters of Bridge Creek cutting
through a narrow neck of Navtijo sand-
stone to shorten their course tx) neigh-
boring Aztec Creek and on into the
Colorado River. The entire ar<;a is bril-
liantly colored, and filled with breath-
taking, upfiung architecture.

Not long ago a National Park Service
and UJ3. Geological Survey field party
determined that even at high water sea-
son when Lake Powell was full, not more
than a sliver of water would back up in
the creekbed, £uid that this water would
be 21 feet below the left abutment of
the bridge and 33 feet below the right
abutment of the bridge.

There would, therefore, be no impair-
ment of the arch, and it takes little
imagination to see that the monument
itself would be enhanced. The water
would add to the scenic lure, and pro-
vide practical and easy access to the
area by boat.

Although I was not in the Senate in
1956 when the upper Colorado River
bill was enacted, I can well understand
what happened. The inclusion of the
Echo Park Dam in the bill had stalled
the entire vast resource development
project on dead center in the House In-
terior Committee. Certain ctmserva-
tionist and outdoor groups saw tn Echo
Park the destruction of the entire na-
tional park system. They further feared
that allowing even a small manmade
pool to form itself many feet below the
abutments of the Rainbow Bridge in
that national monument would put an-
other crack in what they considered the
crumbling foundations of the park and
monument program.

The Echo Park Dam was removed and
the bill was amended, in separate sec-
tions, to provide first, that the Secretary
of the Interior take adequate protec-
tive measures to preclude impairment
of the Rainbow Bridge National Monu-
ment from the waters backed up by the
Glen Canyon Reservoir ; and second, that
no dftJ" or reservoir constructed under
the authorization of the act shall be
within any national park or monument.

In my opinion, both actions were in-
def msible. I will not take the time here
to go into the Echo Park controvert, but
I believe the case has now been fully
made that it would be a defenseless
waste of the taxpayers money to build
expensive protective works to keep the
water — or even the sediment which
would drop from the water into the
streambed — out of the Rainbow Bridge
National Monument in southern Utah.
This session, I hope, therefore, that we
will not have to resort to the circuitous,
back-door method of refusing to appro-
priate the funds for a barrier dam. We
should admit that it was unnecessary to
write the protective works requirement
into ttie Upper Colorado River Storage
Act when it was passed, and remove that
requirement.

It is gratifying to be able to say that
Interior Secretary-designate Udaix has
made a report which agrees with me in
general on Rainbow Bridge.

Last summer the Secretary-designate,
as a Congressman and a member of the
House Interior and Insular Affairs Com-
mittee, and Representative Johk Saylor,
also a member of the committee, made
an inspection trip to study the problem.
In his official report to Chairman As-
piNAU., Congressman Udall outlined
three alternatives from which he felt
Congress might choose: First, a two-dam
plan, which would consist of a down-
stream barrier dam outside the monu-
ment to hold back the lake waters, and
an upstream dam outside the monument
to catch the downstream seasonal flash
flood nmoff; second, an upstream dam
only; and third, to allow the water to
back up under the arch in the natural
streambed.

Let me quote directly from Congress-
man Udall's report:

After the most careful study and hXtet
extensive discussion with the conservation-
ists who know this extraordinary national
monument best, I have come to the firm
conclusion that the last alternative would
best serve the longrun Interests of this
park, and of the conservation movement
itself.

Although the lake water offends a basic
principle at. park conservation. It is my con-
viction that the construction of any man-
made works within 6 miles of the present
monxnnent boundaries would do far greater
violence to the first commandment of con-
servation— ^that the great works of nature
should remain In their virginal state wher-
ever possible. The natural setting of Rain-
bow embraces a much larger area than the
boxlike artificial "monument"; and it is a
gross mistake to detach the arch itself from
its environment.

As I conceive It, from my study of the
history of conservation in America, the one
overriding principle of the conservation
movement Is that no works <rf man (save the
bare minimxun of roads, trsills, and neces-
sary public facilities in accees areas) should
Intrude into the wonder places of the na-
tional park system. A corollary of this
principle is that even the waters of a man-
made lake or reservoir constitute an vm-
warranted park invasion. Therefore, as I
see It. buUdlng either of the two prc^xieed
dams near the artificial boimdarles of the
monimient would sacrifice the cardinal
principle in order to save its corollary.

FV)llowing a glowing appraisal of the
grandeur of the monument and the
country surrounding it — an appraisal

b

194

CONGRESSIONAL RECX)RD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SEN ATE

195

which led the Congressman to recom-
mend that the boundaries be extended
to Include the arch in its natural back-
drop, Congressman Udall wrote:

Congress should resolve this Issue by a
conscious choice, and not create 111 will by
a default decision through the expedient
of refusing to appropriate funds for the
measures promised In the act of 1956. If a
majority of our colleagues feel protective
works should be constructed, the earlier
promise shovild be kept and necessary funds
should be appropriated.

On the other hand, if the conclusion I
have come to Is the right one I believe
Congretv should clear itself of any Imputa-
tion of bad faith by passing an appropriate
resolution spelling out. In terms of sound
conservation principles, the reasons why
protective steps were not taken. If this
course is followed, I would also urge that
strenuous efforts be made to persuade the
conservation spokesmen of this country to
make a further study of this problem on
the hope they might conciir In this action.

I find that last sentence most inter-
esting. The position of the conserva-
tionists, and their responsibility in the
Rainbow Bridge controversy, was also
referred to by Dr. Angus Woodbury, pro-
fessor emeritus of biology. University of
Utah, in his article "Protecting Rain-
bow Bridge," which appeared in the
Augvist 26, 1960, issue of Science. After
a penetrating discussion of the Issues
involved, in which he reaches almost
the same conclusions as Congressman
Udall, namely, that protection would
do more harm than good. Dr. Woodbury
states:

This is a case which calls for conserva-
tionists to do a little soul searching. The
fallacy of Joining a crusade without a real-
istic appraisal of the facts should be ob-
vious by this time. It is a fact that the
presence of the Olen Canyon Reservoir will
open up to the general public, by way of
boating on Lake Powell, a thousand en-
chanting nooks, glens, and alcoves In the
tributaries that lead into Olen Canyon,
many of which are Inaccessible without the
lake. It will open the vast scenic resources
of the Interior of the rough country of the
Southwest to regular use under the control
of the National Park Service.

Conservationists recognize that In a world
faced with a population bomb there is as
great a need to conserve water for the arid
lands of the earth as there is to conserve
scenic landscapes. They also realize that
there are many other resources that should
be conserved and that the relative values
must be weighed carefully. They should
support both the movement for conserva-
tion of water in Olen Canyon and the Na-
tional Park Service in developing the by-
products of the lake as national recreational
resources. In addition to c^portunitles for
boating, fishing, photography, and the like,
construction of the lake will provide access
to areas of magnificent scenery, and all
these opportunities are bound to be appre-
ciated In the years to come.

Ac the years pass Into centuries, deltas at
the mouths of Incoming streams will help
to fill the reservoir with sediment. Long
before it is completely filled, the lengthening
deltas may be used for some p\uix)ee or
other. What use will be made of these newly
made lands remains for the future to decide.
If they are maintained as parts of national
recreation areas, they may well serve as
centers from which visitors can explore the
thousand side canyons and scenic attractions
that radiate from the main Olen Canyon.
Without any barrier dams in Bridge Canyon,
Rainbow Bridge would be as accessible as

any of the other scenic marvels of the Glen
Canyon tributaries.

The major objective of sincere conserva-
tionists is to leave the people of the futtire
with a heritage of wisely used resources
which will continue to serve mankind
through many additional generations.

I well realize, Mr. President, that Rain-
bow Bridge poses a real dilemma for
many of those concerned. It poses a
dilemma for the Department of the In-
terior which, imder the law, must ask for
funds to begin the unnecessary protective
works. It poses a dilemma for Congress
which must reexamine the action it took
in the strained and emotional atmos-
phere when the original till was passed.
And it poses a serious dilemma for the
leaders and members of the conservation
and outdoor groups who, I sincerely hope,
will search their consciences and ask
themselves whether a manmade pool far
down under the arch of a bridge would
not be far more desirable than any man-
made dam. plus the thrusts of access
roads, plus the other impedimenta of
civilization which would blot the primi-
tiveness of the area.

Mr. President, no one is more dedi-
cated than I to honest conservation and
protection of our natural resources, and
to appropriating the money necessary to
do so. But, now that the facts are in on
Rainbow Bridge, I am convinced that
to let the water take its natural course
up the streambed is the best way to in-
sure that this remarkable scenic wonder
will be preserved in all of its primitive
glory.

By no criterion do I feel that the ex-
penditure of millions of Federal dollars
for the construction of a barrier or di-
version dam, or a combination of both,
can be Justified.

If by any chance, the Congress does
not choose to act on the bill I am intro-
ducing today — or take action to reach its
objectives — I shall again ask the House
and Senate Appropriations Committees
to delete any funds which may be re-
quested for the construction of protective
works at Rainbow Bridge National Mon-
ument.

The PRE8IDINO OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 175) to amend the Odo-
rado River Storage Project Act with re-
spect to the protection of national parks
smd monuments under the provisions of
such act. introduced by Mr. Moss, was
received, read twice by its title, and re-
ferred to the Committee on Interior and
Insular Affairs.

INCREASED USE OP AGRICULTURAL
PRODUCTS FOR INDUSTRIAL PUR-
POSES

Mr. JOHNSTON. Mr. President, I In-
troduce, for appropriate reference, a bill
to provide for the increased use of agri-
cultural products for industiial purposes
and for the development of new crops.

In 1958 several Senators, including my-
self. Introduced proposed legislation on
this subject. The Senate Agriculture
Committee took the various bills intro-
duced and combined the better qualities
of each into a committee bill. This com-

mittee bill passed the Senate practically
without dissent. The House failed to
act; but it is my understanding that the
Agriculture Committee in the House was
going to take up the bill, for considera-
tion, when Congress adjourned.

Again in the last Congress I introduced
this bill and I was supported by several
Senators. The Senate Agriculture Com-
mittee reported the bill unanimously and
in 1960 the Senate passed the bill with
only one or two dissenters despite oppo-
sition from the administration.

In the House of Representatives the
administration was more successful and
the House substituted its version for the
Senate bill. I realize there must be com-
promise in legislation, but in this situa-
tion there was no compromise, in my
opinion, had the Senate agreed to the
House substitute. Therefore we did not
meet in agreement in conference and the
legislation died with the end of Congren.

All real friends of the fanner are going
to concentrate on ways of helping him,
rather than on dissipating their energies
on details of how we help him. Aid for
agriculture is the thing; if we enjoy the
lux\u-y of differing as to method, we must
not hinder progress toward assisting our
national agricultural industry. I am
sure that all of us are in agreement on
this basic idea: Our Nation's farmers are
the backbone of the national economy:
and in helping him, we help ourselves.
I may feel that my ways of rendering
assistance are better than the next fel-
low's; but this is not going to deter me
one whit from giving my wholehearted
support to a compromise program that
carries with it the hope of bettering agri-
culture. But the House substitute offered
last year did not carry out the research
we need and would not institute the rec-
ommendations of the bipartisan commis-
sion of 1957 which was hailed by all
sources upon its release.

Research is the key that unlocks many
doors. When we view the surpluses of
agricultural products, we realize the
urgent need of wider and more intensive
research for new uses for those products
and for new products that will yield pay-
ing crops.

Research is a multipUer that increases
multiple uses of basic products. I never
cease to wonder at the work of Oeorge
Washington Carver, whose genius was
able to develop more than 100 byprod-
ucts from the humble peanut. Who
knows what untapped secrets nature has
stored up in other everyday products.

Yes, research is a creative force, gen-
eratinig progress, sparking productivity,
promoting comfort, adding to total liv-
ing. Research creates wealth through
inventiveness, and ministers to man's
welfare.

Behind any successful manufacturing
company we find a substantial research
program. The more successful the com-
pany, the more funds are being poured
back into the business through the me-
dium of research. Fiscal analysts tell us
one of the best ways to determine the
future prospects of any given company
is to read its financial statement and
learn what part of its earnings is being
plowed back in the form of research.
Companies that fail to provide adequate

research programs soon wind up "in the
ditch." The leading corporations arc
strong on research.

Mr. President, we must do for research
in agriculture what iiKiustry does for its
research. We cannot, in national self-
interest, afford to do less. Every dollar
invested in agricultural research will
come back manyfold, and the beneficial
eLects will pour into all segments of the
economy.

Judging by commercial standards, the
ratio of expenditures for research to the
total dollar value of the Nation's agri-
cultural products is relatively small.
More, much more, needs to be done.

The bill I now Introduce contains cer-
tain authority that is not now available
to the Department of Agriculture, but
which I believe is necessary if agricul-
tural research is to produce the expected
results. This includes authority for re-
search grants, student fellowships, schol-
arships, and similar aids to strengthen
graduate training.

There is widespread recognition that a
pro£9>erous agricultural industry is one
of the basic necessities of a strong Amer-
ica. Farmers are one of the most im-
portant consumer groups in America.
R)r our Nation to be prosperous, the
farmer has to be in a position to buy
the products of industry. It is true that
the number of farmers in America has
decreased in recent years, but statistics
show that purchases by farmers for pro-
duction ajid consumption have In-
creased.

The Commission on Increased Iiulus-
trial Use of Agricultural Products stresses
the economic importance of the farmer
in the following words:

Two-fifths of the Nation's total economic
activity arises from agriculture and related
business functions.

Mr. President, the broad objectives of
the measure we are now considering
were outlined in the report of the afore-
mentioned Commission. After a thor-
ough study and survey of the agricultural
industry, the Commission made major
recommendations looking toward com-
pr^ensive research to bring about the
greatest possible industrial uses of agri-
cultural products.
In its report, the Commission said:
In the past 25 years agriculture often has
been researched right out <tf lU natural
domain. Industry will (xmtlnue to explore
the unlcnown in search for new products and
new uses for old products. Nothing is
plainer In the eoonomk: pattern of today
than that agriculture must compete in areas
of basic and applied scientific research.
Agriculture should be enabled to compete as
an equal. In the contest for consumer ac-
ceptance. It Is DOW losing by default.

The Commission was created in ac-
cordance with section 209 of Public Law
540, 84th Congress. It filed an interim
report on April 17. 1956, and its final
report on June 15, 1957.

Alt<^:ether, the Commission made
8 pertinent recommendations, and also
obtained suggestions through corre-
spondence with experiment station di-
rectors and more thaa 350 Industrial
executtves. The work of the Commis-
sion was well plaxuaed and comprehen-
sive.

In its report, the Commission stated
it found it necessary to obtain quickly,
first, an adequate assessment of the cur-
rent state of industrial utilization re-
search; second, a sound appraisal of its
possibilities; and third, adequate under-
standing of the obstacles to further de-
veloiMnent.

To this end, the Commission set up
task groups or special committees in the
following areas: com wet milling, cot-
ton, crop residues. Industrial alcohol
from grain, industrial uses for grain
other than alcohol, dairy products,
forage crops, forest prodticts, fruits and
vegetables, hides, skins, and an:jnal by-
products, new iind special crops, oilseeds
and animal fats, poultry products, rice,
sugar, tobacco, white potato products,
wool and mohair.

Not the least important of the Com-
mission's conclusions of its studies was
the last, which reads:

The dynamic forces which created Ameri-
can Industrial development must be moti-
vated in the farm economy.

Mr. President, it is noteworthy that
the Commission's first recommendation
called for a substantial increase in re-
search funds, and did so in the follow-
ing language:

The Commission proposes as Its first and
most necessary recommendations that the
funds for Industrial uses research be In-
creased to not less than three times the
amo\ints ($16,145,000) cxarently available;
and that additional sums be provided, as
herein suggested, for new crop research,
trial commercialization, development, and
incentives.

Immediately following this, the Com-
mission recommended that the facilities
of the Department of Agriculture be fully
utilized in furthering the research pro-
gram, as well as land-grant colleges, ex-
periment stations, universities and col-
leges, private research organizations, and
foreign institutions. There followed a
recommendation for research grants and
fellowships, scholarships, and similar
aids that, while furthering research proj-
ects, would also increase the supply of
trained scientists.

Special emphasis was put by the Com-
mission on the new crop projects with the
purpose of creating durable, additional
markets, and for rapid disposal, through
industrial channels, of accumulated sur-
pluses.

The Commission found that the cur-
rent indxistrial outlets for the products
of the total farm acreage, estimated to
be less than 7 percent, are undeniably
small.

One of the most encouraging leads to
be developed by the Commission was the
prospect of a major crop for the South —
bamboo. This product has shown great
potential in the paper field, as well as in
furniture and plastics. I am pleased to
report that preliminary experimentation
and work with this crop have already
been started in South Carolina and
Georgia by private firms, and through
the Clemson College Edlsto Experiment
Station, near Blackvllle, S.C.

A whole regional economy can be up-
lifted and transformed through the de-
vekvment of some such good, new pay
crop. We all know what has been ac-

complished with the soybean — the com-
mercial markets it oxnmazkls, the Jobs
it has created, the payrolls it accounts
for. Who knows how many such imdis-
covered commercial prodiicts await in
the darkness that can be pierced only by
the searchlight of research. Is it any
wonder that we approach this research
program with enthusiasm and gieat ex-
pectations— holding, as it does, vast
vistas of opportunities?

In my <H?inion. no proposed legislation
that has come before the Senate in re-
cent years is more Important from the
f ai-mers' standpoint.

We must enact this bill in order to
step up our lesearch. The Congress has
appropriated billions of dollars for for-
eign aid; much of it has gone for re-
search in foreign ooimtries. It is incon-
ceivable to me that this opportunity to
help our own people and our own econ-
omy would not be availed of.

I hope this agricxilture research bill
will pass Congress this session. There is
tremendous need for agriculture re-
search. Such research can help our
f armers and industries find new sources
of income and production.

The bill I introduce is the same as the
one the Senate Agriculture Committee
reported and is identical with the one
passed in the 85th Congress by the Sen-
ate. I hope we shall be able to expedite
thi3 measure, so it will be in the hands of
the House of Representatives for early
action.

Mr. President. I ask that the bm lie
cm the desk for 1 week, in order that
Senators who may wish to cosponsor it
with me may have an opportunity to do
so. I have received several requests re-
garding cospcHisorship.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred, and will Ue on the desk, as re-
quested.

The bill (S. 173) to provide for the
increased use of agricultural products
for industrial purposes, introduced by
Mr. Johnston (for himself and Mr. Httm-
PHREY), was received, read twice by its
title, and referred to the Committee on
Agriculture and Forestry.

NUTRITIONAL ENRICHMENT AND
SANITARY TRANSPORTATION AND
STORAGE OP RICE

Mr. JOHNSTON. Mr. President. I in-
troduce for apm'opriate reference a biU
to amend section 201 of the act of Sep-
tember 21, 1959, to provide for the nu-
tritional enrichment and sanitary trans-
portation and storage of rice distributed
under certain programs. It may be re-
called that I introduced a similar bill
last year, which became law. However.
it does not go quite far enough.

Mr. President, I ask unanimous con-
sent to have printed at this point in the
RjccoRO a statement explaining the hilL

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the state-
ment wiU be printed in the Rscorc.

Hie bill (S. 179) to amend section 201
of the act of September 31. 1959 (73
Stat 610) , to provide for the nutritional

HI

taa

rm\rr:RF<;<;iONAT. record — SENATE

Jammry 5

1961

CONGRESSIONAL RECORD —- SENATE

197

196

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SEN ATE

197

\

enrichment and the sanitary transpor-
tation and storage of rice distributed
under certain programs, introduced by
Mr. Johnston, was received, read twice
by Its title, and referred to the Commit-
tee on Agriculture and Forestry.

The statement presented by Mr. John-
ston Is as follows:

Statkmsnt bt Scmatoe Johnston

In 1959 the Congress enacted legislation
providing for the enrichment of cornmeal,
com grits, and flour so as to meet the regu-
lations promulgated under the Federal Pood,
Drug, and Cosmetic Act. These food com-
modities, which are distributed to school
lunch cafeterias over the entire Nation, have
contributed much to the welfare and well-
being of the Nation's schoolchildren.

Prior to 1969 these foods were not en-
riched before they were sent to the schools.
This legislation has very capably caused
these foods to meet minimum standards be-
fore they reached the children. However,
rice, one of the very bfwic food commodities
In practically every State, was not Included.

Laws in a vast majority of the States re-
quire the enrlchnient of rice but the Fed-
eral Government has, since the Inception of
the School Lunch Act, distributed unen-
rlched rice to the schoolchildren.

It has been the procedure of the millers
to ship some of these foods In 100-pound
bxurlap bags. The State nutritional board
In South Carolina has brought to my atten-
tion the fact that this method of shipment
is very unsatisfactory. The foodstuffs, par-
ticvilarly rice, are not sanitary when they
reach the school cafeterias. I feel that it
would be beneficial to the schoolchildren and
the Federal Government If these foodstuffs
were packaged in small and sanitary con-
tainers. I have particular reference to rice.

I introduce, for appropriate reference,
proposed legislation which would provide for
the nutritional enrichment and proper
packaging of rice distributed by the Federal
Government. The cost will be very small
compared to the value received. I hope the
Senate will see fit to pass this proposal at
an early date.

AMENDMENT OP CONSTITUTION
RELATINa TO NOMINATION OP
CANDIDATES FOR PRESIDENT AND
VICE PRESIDENT
Mrs. SMITH of Maine. Mr. President,
on behalf of myself, the Senator from
Maryland tMr. BeallI, the Senator from
New Mexico [Mr. ChavizI. and the Sen-
ator from Oregon [Mr. Morse], I send
to the desk for appropriate reference a
joint resolution, which proposes to abol-
ish the Electoral College and replace it
with a direct popular vote system for
electing the President and Vice President
of the United States and I ask that it
be left open on the desk imtil the close
of bvxsiness on January 10, 1961. for any
other Senators who may wish to join in
cosponsorship of the resolution.

For the convenience of those interested
in this legislation. I ask unanimous con-
sent to place in the Record at this point
an analysis of the provisions and pur-
poses of this resolution. It is an analysis
which I published on December 25, 1960.
In Introducing this joint resolution, I
want to express my sincere appreciation
to the majority leader for his generous
Iclp^nftM In this matter in his wish that,
although he has legislative proposals of
his own on this same subject, my resolu-
tion go in first, and for his thoughtful-

ness in permitting my resolution to be
Senate Joint Resolution 1. This is so
tsrpical of him and Is a forerunner of
the kind of cooperation that can be
expected of him in his new and richly
deserved role of leadership in the Senate.

The PRESIDING OFFICER. The
joint resolution will be received and ap-
propriately referred; and. without ob-
jection, the joint resolution and state-
ment will be printed in the Record, and
lie on the desk, as requested by the Sen-
ator from Maine.

The joint resolution (S.J. Res. 1) pro-
posing an amendment to the Constitu-
tion of the United States providing for
nomination of candidates for President
and Vice President, and for election of
such candidates by popular vote, intro-
duced by Mrs. Smith of Maine (for her-
self, Mr. Beall. Mr. Chavez, and Mr.
Morse) was received, read twice by its
title, referred to the Committee on the
Judiciary, and ordered to be printed in
the Record, as follows:

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled {two-thirds of each
House concurring therein). That the fol-
lowing article is proposed as an amendment
to the Constitution of the United States,
which shall be valid for all intents and pur-
poses as part of the Constitution when raU-
fled by the legislatures of three-fourths of
the several States :

"ARTICLE —

■•Section 1. The executive power shall be
vested In a President of the United States
of America. He shall bold bis office during
the term of four years, and together with the
Vice President, chosen for the same term,
be nominated and elected as hereinafter pro-
vided.

"Sac. 2. The official candidates of political
parties for President and Vice President shall
be nominated at a priniary election by direct
popular vote. Voters In each State shall
have the qualifications requisite for elec-
tors of the most numerous branch of the
State leglslatiu-e, but, in the primary elec-
tion each voter shall be eligible to vote only
in the primary of the party of his registered
aflUlation. The time of such primary elec-
tion shall be the same throughout the United
States, and. unless the Congress shall by law
appoint a different day. such primary elec-
tion shall be held on the first Tuesday after
the first Monday In August In the year pre-
ceding the expiration of the regular term of
President and Vice President. No person
shall be a candidate for nomination for
President or Vice President except in the
primary of the party of his registered affilia-
tion, and his name shall be on that party's
ballot in all the States if he shall have filed
a petition at the seat of the Government of
the United States with the Secretary of State,
which petition shall be valid only if (1) it
Is determined by the Secretary of State to
have been signed on or after the first day of
January of the year in which the next pri-
mary election for President and Vice Presi-
dent is to be held by a number of qualified
voters, in any or all of the several States,
equal in number to at least 1 per centxmi,
but not more than 2 per centum, of the total
number of popular votes cast throughout the
United States for all candidates for President
(or, in the case of the primary election first
held after the ratification of this article, for
electors of President and Vice President) in
the most recent previous Presidential elec-
tion, and (2) it is filed with the Secretary
of State not later than the first Tuesday
after the first Monday In June of the year
in which the next primary election for Pres-

ident and Vice President is to be held. No
person's name shall appear on the ballot in
any primary election as a candidate for nom-
ination for both President and Vice Presi-
dent; but the foregoing shall not. except in
the case of a runoff election, prohibit the
name of a candidate for nomination for Pres-
ident, CM- the name of any other person, from
being written on the ballot by the voters
for nomination for Vice President or the
name of a candidate for nomination for Vice
President, or the name of any other person,
from being written on the ballot by the vot-
ers for nomination for President.

"SBC. 3. For the purposes of this article a
political party shall be recognised as such
if at any time within four years next pre-
ceding a primary election the Secretary of
State determines such party has had regis-
tered as members thereof more than S per
centum of the total registered voters in the
United States.

"Sac. 4. Within fifteen days after such
primary election, the chief executive of each
State shall make distinct lUU of all persona
of each political party for whom votes were
cast, and the number of votes for each such
person, which lists shall be signed, certified,
and transmitted under the seal of such State
to the seat of the government of the United
states directed to the Secretary of State,
who shall forthwith open all certificates and
count the votes. The person receiving a
majority of the total number of popular
votes cast for presidential nominees by the
voters of the party of his registered affilia-
tion shall be the official candidate of such
party for President throughout the United
States; and the person receiving a majority
of the total number of popular votes cast
for vice presidential nominees by the voters
of the party of his registered affiliation shall
be the official candidate of such party for
Vice President throughout the United States.
If no person receives a majority of the total
number of popular votes cast for presiden-
tial nominees by the voters of a political
party, a runoff election to determine the
nominee of such political party for Presi-
dent shall be conducted throughout the
United States on the twenty-eighth day af-
ter the day on which the primary election
wae held. Such runoff election shall be
between the two persons who received the
greatest number of popular votes cast for
presidential nominees by the voters of such
political party In the primary election. If
no person receives a majority of the total
number of popular votes cast for vice presi-
dential nominees by the voters of • political
party, a runoff election to determine the
nominee of such political party for Vice
President shaU be conducted throughout the
United States on the twenty-eighth day after
the day on which the primary election was
held. Such runoff election shall be be-
tween the two persons who received the
greatest number of popular votes cast for
vice presidential nominees by the voters
of such political party in the primary elec-
tion. No person Ineligible to vote in the
primary election of any political party shall
be eligible to vote in a runoff election of
such political pcu-ty. Within fifteen days
after a runoff election for the nomination
of a political party for President or Vice
President, the chief executive of each State
shall, in the case of a runoff election for
nomination for President, transcribe on an
appropriate document the names of the two
persons on the party's ballot for nomina-
tion for President and the number of votes
cast in such State for each, and, in the case
of a runoff election for nomination for Vice
President, transcribe on an appropriate doc-
ument the names of the two persons on the
party's baUot for nomination for Vice Presi-
dent and the number of votes cast in such
State for each, which documents shall be
signed, certified, and transmitted vmder the
seal of such State to the seat of the govern-

ment of the United States, directed to the
Secretary of State, who shall forthwith open
aU certificates and coxint the votes. The
person receiving the majority of popular
votes for President in a runoff election to
elect a nominee for President shall be the
official candidate of such political party for
President throughout the United States.
The person receiving the majority of popular
votes for Vice President in a runoff election
to elect a nominee for Vice President shall
be the (^cial candidate of such political
party for Vice President throiighout the
United States.

"Ssc. 6. In the event a person shall re-
ceive in any such primsiry election, as the
resxilt of write-in votes, a majority of the
total nimiber of votes cast by the voters of
the party of his registered affiliation for
nominees for President and a majority of the
total number of votes cast by such voters
for nominees for Vice President, such person
shall declare which nomination he accepts;
and a runoff election shall be conducted for
the nomination such person does not accept
between the two persons who received the
next highest number of votes for such nom-
ination.

"In the event a person shall receive in any
such primary election, as the result of write-
in votes, the highest or second highest num-
ber of votes cast by the voters of the party
of hts registered affiliation for nominees for
President (and no person receives a majori-
ty) and the highest or second highest num-
ber of votes cast by such voters for nominees
for Vice President (and no person receives
a majority), such person shall declare the
offlce for which he will be a candidate in the
runoff election provided for in section 4 of
this article and such person may not be a
candidate for nomination for the other of-
flce. The runoff election for the nomina-
tion for such other office shall be between
the two persons who received the next high-
est number of votes for such other offlce.

"In the event a person shall receive In any
such prinuu7 election, as the result of write-
in votes, a majority of the total number of
votes cast by the voters of the party of his
registered afflUation for nominees for Presi-
dent and the highest or second highest
number of votes cast by such voters for
nominees for Vice President (and no person
recelvee a majority) , or such person receives
a majority of the total niunber of votes cast
for nominees for Vice President and the
highest or second highest number of votes
cast for nominees for President (and no per-
son receives a majority), such person may.
In either such case, accept a nomination for
the offlce for which he received a majority
of the votes cast, and a runoff election shall
be conducted for the other offlce between the
two persons who received the next highest
number of votes for such offlce; or, such per-
son may refuse the nomination for the offlce
for which he received a majority of the votes
cast and declare himself a candidate in the
runoff election provided for In section 4 of
this article for the oOtoe for which he re-
ceived the highest or second highest number
of votes. If such person refuses the nomina-
tion for an offlce for which he received a
majority of the votes cast, a runoff election
shall be conducted for such offlce between
the two persons who received the next high-
est nimiber of votes for such office. Any
nmoff election provided for in this section
shaU be conducted at the same time, and
the results thereof certified in the same
manner, as provided for runoff elections im-
der section 4 of this article.

"If, in any case in which a runoff elec-
tion would otherwisa be held, only one can-
didate of a party remains for nomination
for President or Vice President, as the case
may be, such candidate shall be the official
candidate of such party for such offlce and
no runoff election shall be conducted for
such crflloe.

"Sac. 6. In the event of the death or
resignation at the official candidate of any
political party for President, the person
nominated by such poUtical party for Vice
President shall be the official candidate of
such party for President. In the event of
the deaths or resignations of the official
candidates of any political party for Presi-
dent and Vice President, or in the event
of the death or resignation ot the official
candidate of any political party for Vice
President, a national committee of such
party shall designate such candidate or can-
didates, who shall then be deemed the offi-
cial candidate or candidates of such party,
but in choosing such candidate or candidates
the vote shall be taken by States, the dele-
gation from each State having one vote. A
quorum for such purposes shall consist of a
delegate or delegates from two- thirds of the
States, and a m&iaritj of all States shall
be necessary to a choice.

"Sac. 7. The electoral college system of
electing the President and Vice President of
the United States is hereby abolished. The
President and Vice President of the United
States shall be elected at a general elec-
tion by the people of the several States by
direct popular vote of the qualified voters
in each State who shall have the qualifica-
tions requisite for electors of the most nu-
merous branch of the State legislature. The
time of such election shall be the same
throughout the United States, and unless
the Congress shall by law appoint a dif-
ferent day, such election shall be held on the
first Tuesday after the first Monday in No-
vember in the year preceding the expiration
of the regular term of the President and
Vice President. The names of candidates
offlcially nominated in primaries as herein
provided, and only such names, shall appear
upon the official ballot in every State for
the offices of President and Vice President;
but the foregoing shall not, except In the
case of a runoff election, prohibit the names
of a candidate for President, or the name
of any other paw>n, from being written on
the ballot by the voters for Vice President or
the name of a candidate few Vice President,
or the name of any other person, from being
written on the ballot by the voters for
President.

"Sac. 8. Within fifteen days after such gen-
eral election, the chief executive of each
State shall make distinct lists of all persons
receiving votes for President and all per-
sons receiving votes for Vice President, and
the niunber of votes cast in such State for
each, which list shall be signed, certified,
and transmitted under the seal of such State
to the seat of the Government of the United
States directed to the Secretary of State,
who shall forthwith open all certificates and
count the votes. The person receiving a
majority of the total number of popular
votes cast for President shall be President,
and the [lerson receiving a majority of the
total number of popular votes cast for Vice
President shall be Vice President. If no per-
son receives a majority of the total number
of popular votes cast for President, a ninoff
election to choose the President shall be con-
ducted throughout the United States on the
twenty-eighth day after the day on which
the general election was held. Such rxin-
off election shall be between the two per-
sons who received the greatest number of
popular votes for President cast in the gen-
eral election. If no person receives a ma-
jority of the total nxunber of popular votes
cast for Vice President, a runoff election
to choose the Vice President shall be con-
ducted throughout the United States on the
twenty-eighth day after the day on which
the general election was held. Such run-
off election shall be between the two per-
sons who received the greatest number of
popular votes for Vice President cast in the
general election. Within fifteen days after
a runoff election to chooae a President or

Vice President, the chief executive of each
State shall, in the case of a runoff election
for President, transcribe on an appropriate
document the names of the two persons on
the ballot for President and the niimber of
votes cast in such State for each, or, in the
case of a runoff election for Vice President,
transcribe on an appropriate document the
names of the two persons on the ballot for
Vice President, and the number of votes
cast in such State for each, which document
shall be signed, certified, and transmitted
vmder the seal of such State to the seat of
the Oovernment of the United States, direct-
ed to the Secretary of State, who shall forth-
with open all certificates and count the
votes. The person receiving the majority
ot popular votes for President in a runoff
election for President shsdl be President.
The person receiving the majority of popular
votes for Vice President in a runoff election
for Vice President shaU be Vice President.
No person constitutionally ineligible to the
office of President shall be eligible to that of
Vice President.

"Sac. 9. In the event a person shaU receive
in any such general election, as the result of
virrite-in votes, a majority of the total num-
ber of popular votes cast for President and a
majority of the total number of popular
votes cast for Vice President, such person
shall declare which offlce he accepts; and a
runoff election shall be conducted for the
office such person did not accept between
the two persons who received the next
highest number of votes for such offlce.

"In the event a person shall receive In
any such general election, as the result of
write-in votes, the highest or second highest
number of popular votes cast for President
(and no person receives a majority) and the
highest or second highest number of popular
votes cast for Vice President (and no person
receives a majority) , such person shall declare
the offlce for which he will be a candidate
In the nmoff election provided for In sec-
tion 8 of this article and such person may
not be a candidate for the other office. The
runoff election for such other office shall be
between the two persons who received the
next highest number of votes for such other
office.

"In the event a person shall receive in any
such general election, as the result of write-
in votes, a majority of the total number of
p>opular votes cast for President and the
highest or second highest number of popu-
lar votes cast for Vice President (and no
person receives a majority), or he receives
a majority of the total number of popular
votes cast for Vice President and the high-
est or second highest number of popular
votes cast for President (and no person
receives a majority), such person may, in
either such case, accept the offlce for which
he received a majority of the votes cast, and
a runoff election shall be conducted for the
other offlce between the two persons who re-
ceived the next highest nxunber of votes for
such offlce; or, such person may refuse the
offlce for which he received a majority of the
votes cast and declare himself a candidate
in the ninoff election provided for in section
8 of this article for the offlce for which he
received the highest or second highest num-
ber of votes. If such person refuses the
offlce for which he received a majority of the
votes cast, a runoff election shall be con-
ducted for such offlce between the two per-
sons who received the next highest number
of votes for such office. Any runoff election
provided for In this section shall be c(m-
ducted at the same time, and the results
thereof certified in the same nuuiner, as pro-
vided for runoff elections tinder section S ot
this article.

"If, in any case in which a runoff election
would otherwise be held, only one candidate
remains for the offlce of President or Vice
President, as the case may be, such candi-
dates shall be deemed elected to such office

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198

CONGRESSIONAL RECX)RD — SEN ATE

January 5

1961

CONGRESSIONAL RECORD — SEN ATE

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and no runoff election shall be conducted
for Bueh office.

"8k:. 10. The Congress shall have power to
enforce this article by appropriate legis-
lation.

"tSm:. 11. The Congress shall have power
to provide by appropriate legislation for
cases In which two or more persons receive
an equal nxunber of popvilar votes for Presi-
dent or Vice President In any such primary
or general election.

"Sbc. 12. The Congress shall have power to
provide by appropriate legislation for meth-
ods of determining any dispute or contro-
versy that may arise in the counting and
canvassing of the votes for President and
Vice President in any such primary or gen-
eral election. The places and manner of
holding such primary or general election
shall be prescribed in each State by the leg-
islature thereof; but the Congress may at
any time by law make or alter such regu-
lations.

"Stc. 13. This article shall be inoperative
unless It shall have been ratified as an
amendment to the Constitution by the leg-
islatures of three-fourths of the States with-
in seven years from the date trf the submis-
sion hereof to the States by the Congress."

The statement presented by Mrs.
Smith of Maine, is as follows :

8TATSMXMT PRXSENTID BT SeNATOB SMITH OF

Maimx

Since her public statement made in ad-
dresses in Maine on November 21, 1960. that
at the outset of the 87th Congress she would
introduce legislation to abolish the electoral
college and replace it with direct primaries
and elections for the nominations and elec-
tion* of President and Vice President, Sen-
ator MAaoABKT Chasx Smfth has been work-
ing closely with the office of the Senate Leg-
islative Counsel on the drafting of a Senate
Joint resolution to provide a constitutional
amendment to accomplish this objective.

With the completion of the drafting of
that proposed constitutional amendment on
December 16. 1960, Senator SMrrH by letter
has invited all other Senators to Join her
In cosponsorshlp of the proposed constitu-
tional amendment. The specific proposals
of the constitutional amendment are:

(a) Abolish the electoral college system
of electing the President and Vice President;

(b) Provide for election of the President
and Vice President by direct popular vote;

(c) Abolish the national convention sys-
tem of nominating the presidential and vice
presidential candidates of political parties;

(d) Provide for the nomination of presi-
dential and vice presidential candidates of
political parties by direct primaries (first
Tuesday after first Monday in Augxist) ;

(e) Provide for run -off elections in both
the general election and the primary In the
event that no candidate received a majority
ot the total number of votes cast (to be held
28 days later):

(f) Require that in order to qualify as a
candidate in the direct primary, a person
muBt file a petition signed by at least 1 per-
cent of the total vote cast in the last presi-
dential general election (this would require
688,327 signers for the 1964 primary) to be
filed not before January 1 and not later
than a months prior to the primary elec-
tion; and

(g) Require that a political party have a
registered membership of more than 6 per-
cent of the total registered voters in the
United States in order to qualify to get on
the ballot.

In a letter to each of the other 99 Sena-
tors and Senators-elect of the 87th Con-
gress, Senator SMrrH pointed out that (1)
for a long time she had supported proposals
to replace the electoral college system with
a direct popular vote system; (2) that the
closeness (a difference of only 112.801) of

the 1960 preeidential election had dramatized
the possibility of the election of a President
by the electoral college although an oppos-
ing candidate had received a greater direct
popular vote (49.8 percent); (3) that again
as in 1948 the election result had produced
a minority President and that the recur-
rence of this should be avoided in the future
through a runoff election by which a elear-
cut majority President would be elected; (4)
that the selection of party nominees should
be more responsive to the people than under
the present nomination by convention sys-
tem and should be by direct primary; (6)
that future candidates for President should
follow the example set by President -elect
Kennedy and openly declare their candidacy
with an opportunity for direct expression in
the nomination process given to the people
through the direct primary system, which
would be far more meaningful than either
the cjjpventlon system or the presidential
preferential primaries held in a few States:
(6) that the position of Vice President had
become so important that it should not be
relegated to the statxu of "consolation
prize" nor should It be decided by the vote
of one person (the presidential nominee) to
the exclusion of the votes of tens of millions
of Americans; (7) that one of the beneficial
byproducts of her proposal would be to
shorten the general election campaign — an
objective desired by candidates and public
alike; and (8) that a recent national public
opinion poll had shown that an overwhelm-
ing majority of the American people desired
that the electoral college system of electing
the President and Vice President be abolished.

PROPOSED AMENDMENT TO CON-
STITUTION, RELATING TO ELEC-
TION OP PRESIDENT AND VICE
PRESIDENT

Mr. JOHNSTON. Mr. President, I
introduce, for appropriate reference, a
joint resolution proposing an amendment
to the Constitution of the United States
providing for the election of President
and Vice President.

This Joint resolution is similar to Sen-
ate Joint Resolution 200 of the 80th Con-
gress, whidh was reintroduced during the
81st Congress and subsequently favor-
ably acted upon by the Senate. A vol-
ume of hearings has been held on this
subject, and similar proposals have been
introduced in the Congress since as early
as 1797, when Representative William L.
Smith, of South Carolina, offered to the
Congress the first Constitutional
amendment proposing reform of our
procedure for electing the President.

My personal opinion is that our pres-
ent system of electing President and
Vice President is antiquated and in great
need of overhauling by means of a Con-
stitutional amendment similar to that
which I am proposing. Despite the mass
of hearings that have been held in the
past on this subject, I feel It Is necessary
that the two Houses of Congress again
hold hearings on the matter. Times
have changed, and conditions may have
changed which would result in the bring-
ing out of new facts at such hearings.

I introduced this same amendment last
year. At that time I fully realized that
no action could be forthcoming during
that session of Congress. However, I
felt that by offering this resolution some
Members of the Senate would have an
opportunity to give this proposed legisla-
tion consideration. As I promised then.

I now reintroduce thL* resolution and In-
vite cosponsors.

Briefly, the reforms which this pro-
posed constitutional amendment seeks
to effect are threefold in nature:

First. It abolishes entirely the office
of presidential elector. The electoral
vote per State — equal to the total num-
ber of Representatives and Senators, as
under the existing system — is retained,
but purely as an automatic counting de-
vice.

Second. It eliminates any possibility
of an election being thrown into the
House of Representatives.

Third. It does away with the so-
called unit-rule system of counting
electoral votes. Under the existing sys-
tem, the candidate receiving a plurality
of the popular- vote in any given State is
credited with all the electoral votes of
that State, regardless of how Infinitesi-
mal the plurality. Under the proposed
system, the electoral votes in each State
are automatically divided among the
candidates in direct proportion to the
popular vote.

For example, a State has 12 electoral
votes. Of the 2,400,000 popular votes
cast In that State, "R." the Republican,
received 1,600,000. "D." the Democrat,
received 600.000. "T." the third party
candidate, received 200.000. Under the
present system, all of the State's 12
electoral votes would go to "R." the Re-
publican. Under the proposed system,
the electoral vote would be divided In
proportion to the popular vote as fol-
lows: Eight electoral votes for "R";
three electoral votes for "D"; and one
electoral vote for "T".

The electoral votes are computed to
three decimal places. In the very re-
mote, but mathematically possible, event
of a tie, it Is provided that the candidate
receiving the greatest number of popular
votes wins the election.

The electoral votes which each can-
didate receives, therefore, represent his
proportional strength in the State.
These votes are then taken and added
to the electoral votes received in all the
other States. The candidate having the
greatest number of electoral votes wins
the Presidency. Votes for Vice President
are ooimted in precisely the same
manner.

Since 1797. when the first constitu-
tional amendment proposing reform of
our procedure for electing the President
was offered, hardly a session of Congress
has passed without the introduction of
one or more resolutions of this character.
All these proposals recognized, as does
the reform embodied in this Senate joint
resolution which I offer, that the so-
called electoral college system has never
functioned as contemplated by the fram-
ers of the Constitution.

The delegates to the Constitutional
Convention were, for the most part, defi-
nitely opposed to electing the President
by direct popular vote, agreeing with
George Mason, of Virginia, that "It were
as unnatural to refer the choice of a
proper character for Chief Magistrate
to the people, as it would be to refer a
trial of colors to a blind man." The dele-
gates distrusted the ability of the aver-
age citizen of that day to decide ques-

tions of such great gravity. Moreover,
the discussions of the convention reveal
that the delegates did not believe that
it was possible for a voter in one State to
know anything about the ability or char-
acter of public men in the other States
scattered along our 1,500-mile shore line.
In addition, those representing the
smaller States believed that popular elec-
tion would somehow increase the power
and prestige of the more heavily popu-
lated States.

These considerations, after probably
the most prolonged debate of the con-
vention, led to adoption of the indirect
method of electing the President. Un-
der this plan, the States were to select
well-informed public men who were to
look the field over and elect a President
and Vice President. In selecting these
electors, each State was left free to use
any procedure it might see fit to adopt —
direct popular election of the electors
on a general blanket ticket — the pro-
cedure used in all States today— or by
single member districts; or by the vote
of the legislature itself — a procedure
which all the States had abandoned by
1860.

The electors so selected hf each State
should meet, it was decided, on a given
date at a designated place within the
State and vote by ballot for two persons.
They were required to send a list of all
persons voted for and the number of
votes for each, to the President of the
Senate, where, on a date fixed by law.
they were to be opened in the presence
of the two Houses, and the vote coimted.

The person having the largest number
of votes was to be declared President if
such number were a majority of all the
votes cast. The runner-up should be de-
clared Vice President whether he had a
majority or not — later modified by the
12th amendment.

This is the system which, modified by
the 12th amendment, has continued in
effect up to the present time. It has re-
tained the original form even though all
reason for this form has long since dis-
appeared. The historian, Arthur M.
Schlesinger, recently wrote in his book,
"Paths to the Present":

What demoted the electoral college from
a deliberative body to a puppet show was
the rise of poUtlcal parties. As people be-
gan taking sides on public questions, they
were unwUUng to leave the crucial choice
of the Chief Executive to a sort of lottery.
Instead, each party publicly announced its
slate of electors and the candidate they
would support. This usvirpatlon of the
electors' functions, though peaceably
achieved, amounted to a coup d'etat. It
was an amendment of the written Constitu-
tion by the imwrltten Constitution. The
electors, while retaining the legal status of
Independence, became henceforth hardly
more than men in livery taking orders from
their parties.

Individual Members of Congress, of
course, have always been mindful of the
fact that this indirect method of elect-
ing the President stood in need of mod-
ernization. As stated before, the first
legislative proposal for reform came in
1767, only 10 years after the Constitu-
tional Convention itself. In the 70-year
period between 1889 and 1960, more than
125 amendment proposals relating to the
election of the President have been In-

troduced in Congress. Prior to that
time, proponents of the 12th amend-
ment were successful in their efforts to
correct the situation created by the
Jefferson-Burr electoral- vote tie in 1800.
Senator Thomas Hart Benton, of Mis-
souri, with the strong support of Presi-
dent Andrew Jackson, made.Uils a prime
object of his concern over a period of
20 years in the 1820's and 1830's. Sen-
ator Oliver H. P. Morton, of Indiana, led
the fight in the 1880's. The late Senator
George W. Norris was the principal pro-
ponent of reform in more recent times;
his proposal for direct popular election
of the President failed to command the
necessary two-thirds of the Senate in
1934. In both the 72d and 73d Con-
gresses, House committees unanimously
re[K)rted resolutions calling for abolition
of the electoral college. In the 80th
Congress another unanimous House
Judiciary Ccnnmittee report was sub-
mitted.

A side effect or advantage of this type
of election reformation would be to re-
duce the emphasis now plaxsed by candi-
dates of various parties for public office
on the solicitation of minority group
votes. Nothing would do more to re-
move race, creed, and color from our
national elections than for this election
reformation to be approved.

As it has been pointed out, under the
present system, one vote can deliver all
the electoral votes of a large State into
the hands of one candidate, these in turn
being sufficient to swing the election of
the whole country. Under the reforma-
tion I offer, this misrepresentation of
the people's will would be eliminated.
The one-vote vantage from a minority
group would no longer exist, and the
petty politics now played by politicians
who prey on differences of men's race
and religion would no longer enter the
political arena.

I also believe the system outlined in
the amendment offered will certainly
create for us a more democratic method
of electing our President and Vice Presi-
dent, for under this system every man's
vote will be coimted in the selection of
President and Vice President.

I hope every Member of Congress will
give this matter serious consideration
for I certainly believe the day for ref-
ormation in this field is long overdue.

I want no one to think that my ad-
vocacy of this measure is prompted by,
or in any way influenced by, the 1960
election.

I have proposed and supported such a
change in our electoral collie system
ever since I became a Member of the
U.S. Senate. It is only that the close-
ness of the recent election has stimu-
lated thought in this direction and
focused editorial and public opinion on
the matter.

I ask unanimous consent that the pro-
posed legislation be printed in the
Recoso.

The PRESIDINO OFFICER. The
Joint resolution will be received and ap-
propriately referred; and, without ob-
jection, the Joint resolution will be
printed in the Record.

The Joint resolution (S.J. Res. 2) pro-
posing an amendment to the Constitu-
tion of the United States providing for

the election of President and Vice Presi-
dent, introduced by Mr. Johnston, was
received, read twice by its title, referred
to the Committee on the Judiciary, and
ordered to be printed in the Record, as
follows:

Resolved by the Senate and Hoxue of Rep-
resentatives of the United States of America
in Congress assembled {ttoo-thirds of each
House concurring therein) , That an amend-
ment is hereby proposed to the Constitution
of the United States which shall be valid to
all Intents and piupcses as part of the Con-
stitution when ratified by three-Iourths of
the legislatxires of the several States. Said
amendment shall be as follows :

"Aancuc —

"Section 1. The executive power shall be
vested In a President of the United States of
America. He shall hold his office diu-lng the
term ot four years, and together with the
Vice President, chosen for the same term, be
elected as provided in this Constitution.

"The electoral coUege system of electing
the President and Vice President of the
United States is hereby abolished. The
President and Vice President shall be elected
by the people of the several States. The
electCHn In each State shaU have the quaU-
fications reqvilslte for electors of the most
numerous branch of the State legislature.
Congress shall determine the time of such
election, which shall be the same throughout
the United States. Until otherwise deter-
mined by the Congress, such election shaU
be held on the Tuesday next after the first
Monday in November of the year preceding
the year in which the regular term of the
President is to begin. Each State shall te
entitled to a nimiber of electoral votes equal
to the whole nxunber of Senators and Repre-
sentatives to which such State may be en-
titled in the Congress.

"Within forty-five dasrs after such election,
or at such time as the Congress shall direct,
the official cvistodian of the election returns
of each State shtdl make distinct lists of all
persons for whom votes were cast for Presi-
dent and the number of votes lor each, and
the total vote of the electors of the State for
all persons for President, which lists he shaU
sign and certify and transmit sealed to the
seat of the Govenunent of the United States,
directed to the President of the Senate. The
President of the Senate shall in the presence
of the Senate and Hovise of Representatives
open all certificates and the votes shall then
be counted. Each person for whom votes
were cast for President In each State shall
be credited with such proportion of the
electoral votes thereof as he received of the
total vote of the electors therein for Presi-
dent. In making the computations, frac-
tional niunbers leas than one one-thou-
sandth shall be disregarded unless a more
detailed calciilatlon would change the result
of the election. The person having the
greatest number of electoral votes for Presi-
dent shall be President. If two or more
persons shall have an eqxial and the highest
number of such votes, then the one for
whom the greatest nxmiber of popular votes
were cast shall be President.

"The Vice President shaU he likewise
elected, at the same time and in the same
manner and subject to the same provisions.
as the President, but no person constitution-
ally Ineligible for the office of President shall
be eligible to Uiat of Vice President of the
United States.

"Sbc. 2. Paragraphs 1, 2 and 8 of section
1, article n. of the Constitution, and the
twelfth* article of amendment to the Con-
Btltution, are hereby repealed.

"SBC. 3. This article shall take effect on
the tenth day of February following its rati-
fication.

"S«c. 4. This article shall be Inoperative
unless it siiall have been ratified as an

^-1

>

200

CONGRESSIONAL RECORD — SEN ATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

2tHL

amendment to tbe Constitution by the legis-
latures of three-fourths of the States within
seven years from the date of Its submission
to the States by the Congress."

PROPOSED AMENDMENT OP CON-
STITUTION RELATINQ TO REVI-
SION OF ELECTORAL COLLEGE
SYSTEM

Mr. DODD. Mr. President, I intro-
duce for appropriate reference a joint
resolution which provides for an amend-
ment to the Constitution of the United
States concerning the election of the
President and the Vice President.

Thfe amendment which I offer would
require that the electoral vote in each
State be divided according to the per-
centage of the popular vote cast for each
candidate. The candidate receiving the
most electoral votes would be elected
President, provided he received at least
40 percent of the total. In the event
that no candidate received the required
40 percent, the President would be cho-
sen from the two candidates with the
highest electoral vote, by both Houses of
Congress acting Jointly, each Member of
Congress having one vote with an abso-
lute naajorlty required for election.

There are four major defects in the
present electoral college system that this
amendment would remedy.

First, the American people. In Increas-
ing numbers, feel that some sleight-of-
hand small print is depriving them of a
direct and meaningful voice in the selec-
tion of a President. They want to have
their votes count in the electoral college.
The present system seems unfair and
abnormal. The proportional plan would
seem fair and normal to the average citi-
aen. This at the outset gives us a valid
reason for preferring the change since
we not only want our election process to
be fair, we also want it to seem fair and
to be imderstood and respected by the
I)eople.

Second, the present system produces
artificial distortions of our political proc-
ess. The winner-take-all aspect in each
State places an inordinate value upon
the result in the several large States.
The shift of a few thousand votes in
these States would have elected Dewey
in 1948. The shift of a few thousand
votes in Illinois and New Jersey could
have changed the result of an election as
close as this past one. There is some-
thing wrong with an election system
which hinges, not on the vote of 70 mil-
lion, but on the vote of several thousand
in a few key States.

Third, the present system artificially
discourages the growth of the two-party
system ii> States that are predominantly
one-party today. There is little reason
for the Republican in Georgia or the
Democrat in Vermont to bother to vote
on election day. There is no incentive
for people to do the Job of organizing,
proselytizing, and propagandizing that
must be done if minority parties are ever
to grow into majority parties. A tech-
nicality which distorts the public will is
holding back natural political develop-
ments.

Fourth, the present system drastically
Infiates the power of various blocs and
pressure groups which are highly or-

ganised and which may hold the pivotal
vote in the larger industrial States.
Under the proposal I offer, the in-
fluence of these groups would be no
greater and no smaller than their size
warrants.

There are strong points in the present
electoral college procedure which we
must be careful not to xmdermine in our
attempt at reform.

The present system usually produces a
clear winner with a substantial majority
in the electoral college; the size of the
normal electoral margin is so decisive
that the electors ttiemselves are in no
];x>sition to cause any mischief; and the
growth of third parties has been dis-
couraged, a fact which has contributed
greatly to the stability of American poli-
tics.

If the electoral vote is made to con-
form exactly to the popular vote, the
margin of victory will often be razor-
thin and the winner will frequently have
less than 50 percent of the electoral vote.
Prom 1824 to the present about half of
the Presidential winners have received
less than a majority of the total popular
vote.

This proposed amendment, therefore,
contains provisions which preserve the
stable aspects of our political system. It
abolishes the electoral college while re-
taining the electoral vote. Each State
would have the same number of electoral
votes as at present and these votes would
be automatically cast. There would be
no Individual electors. "

It abolishes the present requirement
that the victor receive more than 50 per-
cent of the electoral vote. The Presi-
dency would go to the man who received
the most electoral votes, providing he re-
ceived at least 40 percent. It is unlikely
that third- or fourth-party candidates
could attract enough electoral votes to
reduce the percentage of the winner be-
low 40 percent. This safeguard would
prevent third and fourth parties from
exercising a decisive effect and there
would be no more Incentive for their
development than at the present time.

There will alwajrs be the problem of an
inconclusive result which will throw the
election of a President into the Congress,
Just as there is under existing law. In
the event this occurs, I believe the pro-
posed amendment offers an improvement
over the current procedure. The pres-
ent system gives one vote to each State
and that one vote Is arrived at by the unit
rule balloting of each State's House del-
nation. Giving Nevada an equal voice
with New York seems to me to be carry-
ing concern for the prerogatives of small
States to an absurd degree. My proposal
would give each Representative and each
Senator an individual vote in the selec-
tion of a President. Thus the proper
strength of each State would be reflected.
In summary, I believe this proposal
would give to each voter full participa-
tion in the election of a President. It
woxild preserve the Federal principle and
the protection which the Founding
Fathers accorded to the smallest States
when they conceived the electoral col-
lege. It would preserve the stability of
our election process and would enhance
rather than hurt the two-party system.

And it would eliminate all the evils aris-
ing from the artificial importance which
the unit rule system gives to a few large
States and the pivotal blocs which spell
victory or defeat in those States.

I do not wish to claim any originality
for this proposal. There have been about
200 constitutional amendments intro-
duced to revise the electoral system since
the founding of the Republic. Many of
these have been debated and voted upon
by the Congress. There is nothing new
in this fleld.

The amendment which I introduce to-
day is drawn from previous proposals
and represents what I feel to be the
soundest approach and that most likely
to be enacted into law.

I jisk unanimous consent that this res-
olution be printed at this point in the
Rkcord.

The PRESIDING OFFICER. The
Joint resolution will be received and ap-
propriately referred; and, without ob-
jection, the Joint resolution will be
printed in the Rbcord.

The Joint resolution (S J. Res. 4) pro-
posing an amendment to the Constitu-
tion of the United States relative to the
election of President and Vice President,
introduced by Mr. Dodd, was received,
read twice by Its Utle. referred to the
Committe on the Judiciary, and ordered

to be printed in the Record, as follows:

Resolved by the Senate arut Hou»e of
Representatives of the United States of
America in Congress assembled (ttoo-thirdt
of each House concurring therein). That an
amendment Is hereby proposed to the Consti-
tution Of the United SUtes which ihall b«
valid to all Intents and purposes as part of
the Constitution when ratified by three-
fourths of the legislatures of the several
States. Said amendments shaU be ••
follows :

"astrxb —

"SwrnoN 1. The executive power shall b«
vested In a President of the CTnlted States
of Amertca. He shall hold his office diu-ing
the term of four years, and together with the
Vice President, chosen for the same term, b«
elected as provided In this Constitution.

"The electoral coUege system of electing
the President and Vice President of the
United States Is hereby abolished. The Pres-
ident and Vice President shall be elected by
the people of the several States. The elec-
tors in each State shall have the qualifica-
tions requisite for electors ot the mask
numerous branch ot the State legislature.
Congress shall determine the time of such
election, which shall be the same through-
out the United SUtes. Until otherwise de-
termined by the Congress, such eleetloa
shall be held on the Tuesday next after the
first Monday In November of the year pre-
ceding the year In which the regular term of
the President Is to begin. Each State shaU
be entitled to a number of electoral votes
equal to the whole number of Senators and
Representatives to which such State may be
entitled in the Congress.

"Within forty-five days after such election,
or at such time as the Congress shall direct,
the official custodian of the election rettims
of each State shall make distinct lists of all
persons for whom votes were cast for Presi-
dent and the number of votes for each, and
the total vote of the electors of the State
for all persons for President, which lists he
shall sign and certify and transmit sealed
to the seat of the Government of the United
States, directed to the President of the Sen-
ate. On the 6th day of January foUowlng
the election, unless the Congress by law

appoints a different day not eartler than
the 4th day of January and not later than
the 10th day of Janiuu^, the Preeldsnt of
the Senate shall In the praeeace ot the Sen-
ate and House ot Pspcesentatives open all
cerUilcatee and the votes shaU then be
coxinted. Each person for whom votes were
cast for President In each State shaU be
credited with such proportion of the elec-
toral votes thereof as he received of the
total vote of the electors therein for Presi-
dent. In ™^vit^ the computations, frac-
tional numbers lees than one one-thousandth
ShaU be disregarded. The person having the
greatest number of electoral votes for Presi-
dent shall be President. If such number be
at least 40 per centum of the whole nxunber
of such electors! votes. If no person have
at least 40 per centum of the whole num-
ber of electoral votes, then from the persons
having the two highest numbers of elec-
toral votes for President the Senate and the
House of Representatives sitting In Joint ses-
sion shall choose hnmedlately, by ballot, the
President. A majority of the votes of the
combined authorised membership of the
Senate and the House of Representettves
ShaU be necessary for m choice.

"The Vice President shall be likewise
elected, at the same time and in the same
manner and subject to the same provisions,
as the President, but no person constitution-
ally ineligible for the office of President shaU
be eligible to that of Vice President of the
United States.

"The Congress may by law provide for the
case of the death of any of the perBons from

wliocn the Senate and the House of Bep-
rssentatlvee may <dkooee a Preeident when-
ever the right of choice shaU have devolved
upon them, and for the case of the death of
any ot the persons from whom the Senate
and the Bouse of Rei>resentatlves may
choose a Vice President whenever the right
of choice shall have devolved upon them.

"Sac. a. Paragraphs 1, 2, and S of section
1. article H. of tbs Constitution, the twelfth
article of amendment to the Oonstltutlan.
and section 4 of the twentieth article of
amendment to the Constitution, are hereby
repealed.

"Smc. 3. This article shall take effect on
the tenth day of February following Its
ratification.

**8ic. 4. Tills article Shall be inoperative
tmless it shall have been ratified as an
amendment to the Constitution by the legis-
latures of ttiree-fourtha of the States within
seven years from the date of its submission
to the States by the Congress."

REAPPOINTMENT OF DR. JEROME C.
HUNSAKER AS CITIZEN REGENT
OF SMITHSONIAN INS'lTlU'llON

Mr. ANDERSON. Mr. President, I In-
troduce, for appropriate reference, a
Joint resolution to provide for the re-
appointment of I^. Jerome C. Hunsaker
as Citizen Regent of the Board of Re-
gents of the Smithsonian Institution. In
this connection. I ask unanimous consent
to have printed in the Record the at-
tached statement about Dr. Hunsaker
from Who's Who in America, 1960-(J1
at page 1423. ^

The PRESIDINO OPFICER. The
Joint resolution will be received and ap-
propriately referred; and. without ob-
jection, the statement wiU be printed in
the Record.

The joint resolution (S.J. Res. 6) to
provide for the reappointment of Dr.
Jerome C. Hunsaker as Citizen Regent
of the Board of Regents of the Smith-
sonian Institution. Introduced by Bffr.

Ain)KRsoH. was received, read twice by
its title, and referred to the Committee
on Rules and Administration.

The statement presented by Mr. Ah-
OERSOH is as follows:

Who's Wao xn AtnraiCA — 1B60-<S1

Hunsaker. Jerome Clarke (hOn'sfi k&-).
aeronautical engineer; born Creston. Iowa,
August 26, 1866; son of Walter J. and Alma H.
Clarke; graduate U.S. Naval Academy, 1906;
master of science. Massachusetts Institute of
Technolc^y, 1912. doctor of science, 1916;
doctor of science, Williams CoUege. 1916;
Adelphi College, 1956; engineering doctorate.
Nortlieastern University, 1945; married Alice
Porter Avery. June 26, 1011; children: Mrs.
Sarah Porter Swope, Jerome Clarke, James
Peter, Mrs. T. A. Bird. Ofllcer, later advanc-
ing to commander. Construction Corps, U.S.
Navy, 1909-26; Instructor of aeronautic en-
gineering, Massschusetts Institute of Tech-
nology, 1912-16; In charge of aircraft design,
Navy Department. Washington, D.C., de-
signed airship Shenandoah, and flying boat
NC-4 (first to fly Atlantic) . 1916-23; assistant
naval attach^, London. Paris, Berlin, Rome.
1923-26; assistant vice president. Bell Tele-
phone Laboratories (wire and radio services
for airways), 1926-28; vice president, Oood-
year-Zeppelln Corp., 1928-S3; head of Depart-
ment of Aeronautical Engineering. Massa-
chusetts iDsUtute of Technology, 1933-51,
now professor emeritus: director, McOraw-
TTiii Publishing Co., SheU OU Co.. Goodyear
Tire & Rubber Co.; member, advisory IXMJd.
Sperry-Rand Corp.' scientific advisory eoim-
cU, Chrysler Corp.; director. Tracer-lab, Inc.;
member, board of trustees, Boston icuseuin
of Science; regent, Smithsonian Institution.
CapUin, U8NB (retired); Chairman. Na-
tional Advisory Commission on Aeronautics,
1941-56. Awarded Navy Cross, Medal for
Merit (United States); Legion of Honw
(Prance) ; Daniel Guggenheim Medal, Prank-
lln Medal; Wright Bros. Memorial Trophy;
Godfrey L. Cabot Trophy. 1960; Langley
Medal. 1965; Gold Medal of Royal Aeronauti-
cal Society (Great Britain) , 1967; Navy award
for distinguished public service, 1968. Pel-
low, American Physical Society, American
Academy of Arts and Sciences; honorary fel-
low. Institute of Aeronautical Sciences, Royal
Aeronautical Society of Britain. Imperial Col-
lege of Science (London); honorary member,
American Society of Mechanical Engineers,
Institute of Mechanical Engineers (London ) ;
member. American Society of Naval Archi-
tects and Marine Engineers, American Society
of Automotive Engineers, National Academy
of Science. American Philoet^ical Society,
Delta KaiHM EpsUon, Sigma XI. Clubs: Cen-
tury (New York City); Army and Navy
(Washington); St. Botolph (Boston). Con-
tributor to Journals of professional societies.
Home: 10 Loulsburg Square, Boston. Office:
Massachusetts Institute of Technology, Cam-
bridge, Mass.

FOUR- YEAR TERM FOR MEMBERS
OF THE HOUSE OP REPRESENTA-
TIVES

Mr. CASE of South Dakota. Mr.
President, I submit a joint resolution
proposing an amendment to the Con-
stitution providing for a term of 4 years
tor Members of the House of Repre-
sentatives. This joint resolution has
been particularly worked- out to take
into consideration the problem of an
equal division between the odd-num-
bered and even-numbered districts fol-
lowing congressional reapportionments
due to the census. I think the Joint
resolution is workcd>le and practical and
one that deserves adoption.

The PRESIDENT pro tempore. The
Joint resolution win be received and
appropriately referred.

The Joint resolution (S.J. Res. 11)
proposing an amendment to the Con-
stitution of the United States providing
for a term of 4 years for Members of
the House of Representatives, introduced
by Mr. Case of South Dakota, was re-
ceived, read twice by its title, and re-
ferred to ttie Committee on the Judi-
ciary.

PROPOSED AMENDMENT OF THE
CONSTITUTION RELATING TO
CONGRESSIONAL SYSTEM FOR
CH(X)SING PRESIDENT AND VICE
PRESIDENT

Mr. MUNDT. Mr. President, on be-
half of myself, the Senator from South
Carolina tMr. Thumiond], the Senator
from Arkansas [Mr. McClellanI, the
Senator from Nebraska CMr. Hp.uska],
the Senator from Kentucky [Mr. Mok-
TONl, and the Senator from Texas [Mr.
BLAKI.KT1, I Introduce a Joint res<du-
tion providing for a oMistitutional
amendment to set up a congressional
system for choosing presidential electors.

In my belief and the belief of tbiose
who join with me in cosponsoring the
joint resolution, this am^dment offers

a simple and sovind way of providing
the electoral college reform that many
Americans feel should be made, without
losing the values inherent in the elec-
toral college.

This amendment, laiown for a num-
ber of years as the Mimdt-Coudert
amendment, makes no change in the
fundamental Federal structure of the
Republic, as it was established by the
Constitution of the United States. This
is not true ot any of the other proposals
which have been advanced to change the
system of voting for President.

This congressional system would giiar-
antee equality in voting for President to
every voter in every State. Each voter,
no matter where he lived, would vote for
three, and only three, presidential
electors who would represent him in the
electoral college just as he is repre-
sented in Congress by two Senators and
one Representative.

The central provision of the proposed
amendment reads:

The electors to which a State is entitled
by virtue of its Senators shall be elected by
the people thereof, and the electors to which
It is entitled by virtue of Its Representa-
tives shall be elected by the people within
single-elector districts established by the
legislature thereof; such districts to be com-
posed of compact and contiguous territory,
containing as nearly as practicable the num-
ber of persons which entitles the State to
one Representative in the Congress; and
such districts when formed shall not be
altered untU another census has been taken.

This provision for compact and con-
tiguous territory and for nearly equal
populations eliminates any chance of
gerrymandering for partisan purposes,
as is now permissible for congressional
districts. This would be true no matter
what paxty controlled a State's legisla-
ture. As originally introduced, the
Mundt-Coudert amendment did not in-
clude this anttgarymandering provisioa.

202

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

203

i^

I

The proposed amendment mftlntains
the majority requirement for election of
the President by the electoral college.
Thls^la the true source of our two-party
system. The amendment provides that
if no man receives a majority of the elec-
toral vote, the President shall be chosen,
from among the men having the three
highest totals of electoral votes, by a
Joint session of Congress, each Senator
and each Representative having one
vote.

I ask unanimous consent that the
Joint resolution, since its text is brief,
appear at that point in the Record.

The PRESIDING OFFICER. The
Joint resolution will be received and ap-
propriately referred; and, without ob-
jection, the Joint resolution will be
printed in the Record.

The joint resolution (S.J. Res. 12)
proposing an amendment to the Con-
stitution of the United States providing
lor the election of President and Vice
President, introduced by Mr. Mundt (for
himself and other Senators), was re-
ceived, read twice by its title, referred
to the Committee on the Judiciary, and
ordered to be printed in the Record, as
follows:

Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled {txoo-thirds
of each House concurring therein) , That the
following article Is proposed as an amend-
ment to the Constitution of the United
States which shaU be valid to all Intents and
purposes aa part of the Constitution when
ratified by the legislatures of three-fourths
ot the several States:

"Ahttcle

"SxcnoN 1. Each State shall choose a
nvmiber of electors of President and Vice
President equal to the whole number of
Senators and Representatives to which the
State may be entitled In the Congress; but
no Senator or Representative, or person
holding an office of trust or profit under the
United States, shall be chosen an elector.

"The electors to which a State Is entitled
by virtue of Its Senators shall be elected
by the people thereof, and the electors to
which it Is entitled by virtue of Its Repre-
sentatives shall be elected by the people
within single-elector districts established by
the legislature thereof; such districts to be
composed of compact and contiguous terri-
tory, containing as nearly as practicable the
number of persons which entitled the State
to one Representative in the Congress; and
such districts when formed shall not be al-
tered until another census has been taken.
In choosing electors of President and Vice
President the voters In each State shall have
the qualifications requisite for electors of
the most numerous branch of the State
legislature.

"The electors shall meet in their respec-
tive States, and vote by ballot for President
and Vice President, one of whom, at least,
shall not be an Inhabitant of the same State
with themselves; they shall name in their
ballots the person voted for as President,
and in distinct ballots the person voted for
as Vice President; and they shall make dis-
tinct lists of all persons voted for as Presi-
dent, and of all persons voted for as Vice
President, and of the number of votes for
each, which lists they shall sign and certify,
and transmit sealed to the seat of Ck>vern-
ment of the United States, directed to the
President of the Senate; the President of the
Senate shall, in the presence of the Senate
and the House of Representatives, open all
the certificates and the votes shall then be
ooxinted; the person having the greatest

ntmiber of votes for President shall be tbe
President, If such number be a majority of
the whole number of electors chosen; and
the person having the greatest number of
votes for Vice President shall be the Vice
President, If such a number be a majority
of the whole number of electors chosen.

"If no person voted for as President has a
majority of the whole number of electors,
then from the persons having the three high-
est niunbers on the lists of persons voted for
as President, the Senate and the House of
Representatives, assembled and voting as in-
dividual members of one body, shall choose
Immediately, by ballot, the President; a
quorum for such purpose shall be three-
fourths of the whole number of the Senators
and Representatives, and a majority of the
whole number shall be necessary to a choice;
if additional ballots be necessary, the choice
on the fifth ballot shall be between the two
persons having the highest number of votes
on the fourth ballot.

"If no person voted for as Vice President
has a majority of the whole number of elec-
tors, then the Vice President shall be chosen
from the persons having the three highest
numbers on the lists of persons voted for as
Vice President in the same manner as herein
provided for choosing the President. But
no person constitutionally ineligible to the
office of President shall be eligible to that of
Vice President of the United States.

"S«c. a. The Congress may by law provide
for the case of the death of any of the per-
sons from whom the Senate and the House
of Representatives may choose a President
or a Vice President whenever the right <rf
choice shall have devolved upon them.

"S»c. 3. This article supersedes the second
and fourth paragraphs of section 1, article
11, of the Constitution, the 12th article of
amendment to the Con8*ltutlon and section
4 of the 20th article of amendment to the
Constitution.

"Sxc. 4. This article shall take effect on the
first day of July following Its ratification, but
shall be Inoperative unless It shall have been
ratified as an amendment to the Constitu-
tion by the legislatures of three-fourths of
the States within 7 years from the date of
Its submission to the States by the Con-
gress."

Mr. THURMOND subsequently said:

Madam President (Mrs. Neuberger in
the chair), it is a pleasure for me to
make this statement during the time my
good friend, the distinguished junior
Senator from Oregon, is presiding over
the Senate for her first time.

Madam President, it is my sincere hope
that in 1961 a proposed constitutional
amendment will be submitted by Con-
gress to the State legislatures for their
consideration in order to remedy the ob-
vious defects of the electoral college
system. Although the method of elec-
tion of a President was probably the
most generally accepted feature of the
Constitution when its adoption was be-
ing considered, it has proved to oj>erate
less as intended of all the provisions of
that basic document and, from almost
the beginning of Its operation, has been
the subject of vigorous and valid criti-
cism.

Of all the numerous proposals for
change in the electoral college system,
the one embodied in the resolution we
introduce today is best calculated to
remedy the defects of the existing sys-
tem in a manner consistent with the
guiding principles established in the
Constitution, which have provided an
immeasurable bounty to generations of
Americans.

The advantages of this proposal are
numerous, and I shall take time to list
only a few of them.

In the first place, the district system
proposed In this resolution more nearly
reflects the will of the people than does
the present system. Rather than a mere
plurality in each State determining the
electoral vote for the entire State, under
the district system the plurality over an
entire State will determine only 2 elec-
toral votes, and the remaining 435 elec-
toral votes will each be determined by a
plurality in 1 district. This system will
provide an added incentive to Individuals
to exercise their ballots In presidential
elections, as electors in districts would
be as close to the people as their Repre-
sentative in Congress. The district sys-
tem is also calculated to broaden interest
nationally in obtaining the best qualified
persons possible as candidates for Presi-
dent and Vice President, since availabil-
ity would no longer be limited to persons
from large pivotal States.

Because the district system would pro-
vide the same form of constituency for
the President as the entire Congress now
has. It would increase the probability
that the administration and the Con-
gress, at least in the first 2 years of a
new administration, would be of the
same political party.

Madam President, the district system
would, in fact, reinstltute, to a large ex-
tent, the intention of the Founding
Fathers in designing the electoral sys-
tem, for in the early days of our Republic
the district system was used almost ex-
clusively for the election of presidential
electors. While retaining, both in theory
and practice, the concept of federalism,
which is the foundation of our govern-
mental system, the district system would
at the same time equalize the voting
power of each citizen regardless of the
size or total electoral vote of his home
State, for imder this proposal each citi-
zen in each State would cast a ballot for
three presidential electors.

Madam President, it is my sincere
hope that the press of day-to-day criMt
will not cause the relegation of this vital
procedural reform to the well-known
pigeonhole. Action on this matter is
long overdue, and I sincerely hope that
the committee will act promptly on this
proposal.

I may say that this joint resolution is
the same as that which was introduced
in, I believe, 1957 by the dlstinguirtied
senior Senator from South Dakota [Mr.
Mundt] : our present majority leader,
the dlsting\iished senior Senator from
Montana [Mr. Mansfield]; and the
junior Senator from South Carolina.

Madam President, I ask unanimous
consent that these remarks appear at the
conclusion of the remarks made today on
the same subject by the distinguished
Senator from South Dakota [Mr.
Mundt].

The PRESIDING OFFICER. Without
objection, it is so ordered.

Mr. MANSFIELD. Madam President.
will the Senator yield?

Mr. MORSE. Madam President, I ask
unanimous consent that the resolution
Just referred to by the Senator from
South Carolina, and any other measures

whidi may be introduced this afternoon
in this dlseussioii. may be mtroduced
under the same understanding as was
granted to the Senator from Oregon
with respect to the Introduction of my
bills a few minutes ago; namely, that
such introducticms will in no way change
the parliamentary situation in the Sen-
ate with regard to the parliamentary
rulings which we have had concerning
the conduct of business in the Senate.
It will be undei-stood that the introduc-
tion of these measures does not mean
that we will be doing business under the
old rules of the Senate in any manner
that will affect the rule of debate which
is now going on in the Senate.

Mr. THURMOND. Madam President,
I wanted to be certain that my remarks
will follow those made earlier today on
the same subject by the distingiiished
Senator from South Dakota [Mr.
Mundt].

The PRESIDING OFFICER. Without
objection, it is so ordered.

PROPOSED AMENDMENTS OF CON-
STITUTION RELATINQ TO FED-
ERAL ELEC1X>RAL SYSTEM

Mr. KEFAUVER. Bdr. President. I
introduce seven Joint resolutions, each
of which contains a proposed constitu-
tional amendment with respect to our
Federal electoral system. I ask that
these resolutions be referred to the ap-
propriate committee, but. before they are
so referred, I adc onanimous coiisent
that their text be printed at this point
in my remarks and that they lie on the
table until the close of business, Monday,
January 8. to permit other Senators, who
might so wish, to Jom in sponsorship at
one or more of these resolutions by giving
their names to the bill clerk.

Mr. President, as you know, during the
86th Congress, two-thirds of both Houses
of Congress agreed on an amendment to
enfranchise the District of Colimibia in
presidential elections. This proposal Is
now before the State legislatures for
ratification. I, for one. bojpe It will re-
ceive prompt affirmative action and the
people of the District will be able to vote
in 1964.

Two other electoral reforms were
passed by a two-thirds vote in the Sen-
ate but died in the House. One of these
relates to the abolition of the poll tax,
and its passage in the Senate was due
primarily to the energetic leadership of
the distinguished senior Senator from
Rorida [Mr. Houjvkd]. When he intro-
duces the proposal this year, I hope it
will be my honor to be included among
the cosponaors.

The Senate also adopted but the
House also failed to act on a proposal
of mine to empower Governors to AH
vacancies in the House of Representa-
tives temporarily In case the member-
ship of the House drops below 50 itercent
as the result, for example, of a nuclear
attack. I am reintroducinig that resolu-
tion today.

These reforms, as important as they
are, represent improvements in the pe-
riphery of the Federal electoral system.

Every Member of this Senate win agree
that the Ccmstitutloii should be amended

only upon a clearly demonstrated need.
I believe that almost every Member, If
not every Member, wQl agree that such a
need for reform of its central provisions
dealing with our Federal electoral system
has been demonstrated on numerous
occasions — most recently this falL

Probably the most urgently needed
reform is to rid ourselves of the anti-
dduvian electoral college. This can be
done without scrapping the electcNitd
vote which is weighted slightly in favor
of ttie less populous States. One of my
present proposals would accomplish this
purpose by dividing a State's electoral
vote proportionately among the candi-
dates according to their popular vote m
that particular State.

The second most urgently needed re-
form is to establish a system of national
primaries. The present system of hit-
and-miss primaries in a few States is
probably worse than none at alL Rather
than attempt to set out the details for
national primaries in the proposed
amendment itself, I would urge adoption
of an enabling amendment, whereby
Congress would be empowered to enact
legislation establishing and regulating
national primaries. Thus, there would
be flexibility for trial-and-error improve-
ments in the system.

We also have the serious problem of
disenfranchisement of a large number
of Americans because of the mobility of
our way of life. In the last presidential
election, it has been estimated that more
than 1 million Americans were not per-
mitted to vote because they could not
meet the residence requironent of the
State into which they moved and they
were not permitted to vote by absentee
ballot in the State from which they
moved. One of my proposed constitu-
tional amendments would remove this
inequitable situation from our system.

Another pr(^osed change wouM reduce
the voting age in Federal elections to 18
years. It is undoubtedly trite to say,
"If a man is old enough to fight for his
country, he is old enough to vote." But,
trite or not, it is true.

During the last session, the distin-
guished minority leader [Mr. Ddiksen]
Joined me in sponsoring an amendment
to solve the problem of presidential dls-
abUi^. I hope he will continue his sup-
port of the resolution this year. This is
one problem that should not be permitted
to go unsolved any longer. The details
of the pUn have been refined and re-
refined many times and should be ac-
ceptable to the vast majority of both
Houses.

I am also reintroducing the resolution
to repeal the 22d amendment. The peo-
ple of this country should be able to put
aside the two -term tradition in case of
an emergency. Once the circumstance
arises, it is too late, because repeal takes
time and that would be the one missing
but essential ingredient. I urge prompt
repeal of the 22d amendment.

The PRESIDINO OFFICER. The
joint resolutions will be received and
appropriately referred; and, without ob-
jection, the Joint resolutions will lie at
the desk until the close of business on
Monday. January 9, as requested by the
Senator trova. Tennessee; and be print-
ed in the Rccord.

Tike Joint resolutions, introduced by
Mr. KKTAwn, were severally received,
read twice by their titles, and referred to
the Committee on the Judiciary, as fol-
lows:

&.J. Bes. 14. Joint reaolutlon to amend
the Constitution of the United States con-
cerning residence requirement for voting
for President and Vice President of tba
United States.

Retotved by the Senate and House of Rep'
resentatives of the United States of America
in Congress euaembled {t%oo-thirds of each
House concurring thereiny. That the follow-
ing article is proposed as an amendment to
the Coostltutlon of tlie United States, which
shall be valid to all Intents and purposes as
part of the Constitution only if ratified by
the legislattires of three-fourths ot the sev-
eral States within seven years of the date of
Its submission by tbe Congress :

"abticlk —

"The residence requirement for voting for
President and Vice President shall be resi-
dence within one of the several States for a
period not to exceed one year. A qualified
voter rh|>^r»ging residence from one State to
another shall be entitled to vote for Presi-
dent and Vice President by absentee ballot in
the State from which he moves for a period
of two years after the change of residence,
provided he is not qualified to vote in an-
other State within that period."

BJ. Res. 15. Joint resolution proposing aa
amendment to the Constitution to repeal the
22d article of amendment to the Constitu-
tion.

Resolved by the Senate and House of Rep'
resentatives of the United States of America
in Congress assembled [tvo-thirds of each
House concurring therein) , That the follow-
ing article Is proposed as an amendment to
the Constitution of the United States, which
shall be valid as part of the Constitution
only if ratified by the legislatures of three-
foxirths of the several States wlthm seven
years from the date of its submission by the
Congress:

"AaxiciJE —

"SscnoN 1. The twenty-second article of
amendment to the Constitution of the
United States Is hereby repealed.

"Sac. 2. This article shall be inoperative
unless It shall have been ratified as an
amendment to the Constitution by the legis-
latures of three-fourths of the States within
seven years from the date of its submission
to the States by the Congress."

8 J. Res. 16. Joint resolution proposing an
amendment to the Constitution of the United
States providing for nomination of candi-
dates for President and Vice' President by
primary elections.

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled (tvto-thirds of each
House concurring therein). Tliat the fol-
lowing article is proposed as an amendment
to the Constitution of the United States,
which shall be valid to all mtents and pur-
poses as part of the Constitution only If
ratified by the leglslatiires of three-foortlu
of the several States within seven years of
the date of Its submission by the Congress:

"Akticix —

•*The Congress shall have power to pro-
vide for nomination of candidates for Presi-
dent and Vice President by primary election*
to be held in etuA State, the District of Co-
lumbia, and the territories, and to make all
laws which shall be necessary and proper for
carrying mto execution this provision."

BJ. Res. 17. Joint resolution proposing an
amendment to the Constitution of the
United States providing for the election at
Presldmt and Vice President.

Resolved by the Senate and House of Rep-
resentatioes of the United States of America
in Congress assembled (two-thirds of each

!'

204

CONGRESSIONAL RECORD — SENATE

January 5

n

I!

House concurring therein). That an amend-
ment la bereby propoaed to the Conatltutlon
of the United Statea, which st^ll be vaUd
to all intenta and purpoaes aa part of the
Constitution only if ratified by three-fourths
of the legislatures of the several States
within seven years from the date of its sub-
mission by the Congress :

"AKTtCLX —

"Section 1. The executive power shall be
vested in a President of the United States of
America. He shall hold bis office during the
term of four years, and together with the
Vice President, chosen for the same term, 9e
elected as provided in this Constitution.

"The electoral college system of electing
th« President and Vice President of the
United States is hereby abolished. The
President and Vice President shall be elected
by the people of the several States. The
electors in each State shall have the quali-
fications requisite for electors of the most
numerous branch of the State legislature.
Congress shall determine the time of such
election, which shall be the same through-
out the United States. Until otherwise de-
termined by the Congress, such election shall
be held on the Tuesday next after the first
Monday In November of the year preceding
the year in which the regular term of the
President is to begin. Each State shall be
entitled to a number of electoral votes equal
to the whole number of Senators and Repre-
sentatives to which such State may be en-
titled in the Congress.

"Within forty-five days after such election,
or at such time as the Congress shall direct,
the official custodian of the election returns
of each State shall make distinct lists of all
persons for whom votes were cast for Presi-
dent and the niunber of votes for each, and
the total vote of the electors of the State for
all persons for President, which lists he shall
sign and certify and transmit sealed to the
seat of the Government of the United States,
directed to the President of the Senate. On
the 6th day of January following the elec-
tion, unless the Congress by law appoints a
different day not earlier than the 4th day
of January and not later than the 10th day
of January, the President of the Senate shall
in the presence of the Senate and House of
Representatives open all certificates and the
votes shall then be counted. Each person
for whom votes were cast for President in
each State shall be credited with such pro-
portion of the electoral votes thereof as he
received of the total vote of the electors
therein for President. In making the com-
putation, fractional numbers less than one
one-thousandth shall be disregarded. The
person having the greatest nvmnber of elec-
toral votes for President shall be President,
if such number be at least 40 per centum of
the whole number of such electoral votes.
If no person has at least 40 per centxim of
the whole number of electoral votes, then
from the persons having the two highest
numbers of electoral votes for President the
Senate and the House of Representatives sit-
ting in Joint session shall choose Inunedl-
ately, by ballot, the President. A majority
of the votes of the combined authorized
membership of the Senate and the House of
Representatives shall be necessary for a
choice.

"The Vice President shall be likewise
elected, at the same time and in the same
manner and subject to the same provisions,
as the President, but no person constitu-
tionally ineligible for the office of President
shall be eligible to that of Vice President of
the United States.

"The Congress may by law provide for the
case of the death of any of the persons from
whom the Senate and the House of Repre-
sentatives may choose a President whenever
the right of choice shall have devolved upon
them, and for the case of the death of any
of the persons from whom the Senate and

the House of Representatives may choose a
Vice President whenever the right of choice
shall have devolved upon them.

"Sxc. a. Paragraphs 1, 2, and 3 of section
1, article II, of the Constitution, the twelfth
article of amendment to the Constitution,
and section 4 of the twentieth article of
amendment to the Constitution, are hereby
repealed.

"Bsc. 3. This article shall take effect on
the 10th day of February following Its rati-
fication."

S.J. Res. 18. Joint resolution to amend the
Constitution to authorise Governors to fill
temporary vacancies in the House of Repre-
sentatives.

Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled {ttoo-thirds
of each House concurring therein). That the
following article Is proposed as an amend-
ment to the Constitution of the United
States, and shall be valid to all Intents and
purposes as part of the Constitution only if
ratified by the legislatures of three-fourths
of the several States within seven years
from the date of its submission by the Con-
gress:

"AmncLK — • •

"On any date that the total number of
vacancies in the House of Representatives
exceeds half of the authorized membership
thereof, and for a period of sixty days there-
after the executive authority of each State
shall have power to make temporary ap-
pointments to fin any vacancies, including
those happening during such period, in the
representation from his State In the House
of Representatives. Any person temporarily
appointed to fill any such vacancy shall serve
until the people fill the vacancy by election
as provided for by article I. section 2, of the
Constitution."

S.J. Res. 19. Joint resolution proposing an
amendment to the Constitution of the
United States relating to cases where the
President Is unable to discharge the powers
and duties of his office.

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled (two-thirds of each
House concurring therein). That the follow-
ing article is proposed as an amendment to
the Constitution of the United States, which
shall be valid to all intents and purposes as
part of the Constitution only if ratified by
the legislatures of three-fourths of the sev-
eral States within seven years from the date
of Its submission by the Congress:

"AKTICLC —

"Sbction 1. In case of the removal of the
President from office, or of his death or
resignation, the Vice President shall become
President for the unexpired portion of the
then current term.

"Sxc. 2. If the President shall declare In
writing that he is unable to discharge the
powers and duties of his office, such powers
and duties shall be discharged by the Vice
President as Acting President.

"Sec. 3. If the President does not so de-
clare, the Vice President, if satisfied that
such inability exists, shall, upon the written
approval of a majority of the heads of the
executive departments in office, assume the
discharge of the ix>wers and duties of the
office aa Acting President.

"Sec. 4. Whenever the President makes
public announcement in writing that his
inability has terminated, he shall resume the
discharge of the powers and duties of his
office on the seventh day after making such
announcement. But if the Vice President,
with the written approval of a majority of
the heads of executive departments in office
at the time of such announcement, trans-
mits to the Congress his written declaration
that in bis opinion the President's Inability
has not terminated, the Congress shall there-
upon consider the issue. If the Congress Is

not then in session, it shall assemble in spe-
cial session on the call of the Vice President.
If the Congress determines by concurrent
resolution, adopted with the approval of two-
thirds of the Members present in each House,
that the inability of the President has not
terminated, thereupon, notwithstanding any
further announcement by the President, the
Vice President shall assume the discharge
of such powers and duties as Acting Presi-
dent until the occurrence of the earliest of
the following events: (1) the Acting Presi-
dent proclaims that the President's inability
has ended, (2) the Congress determines by
concurrent resolution, adopted with the ap-
proval of a majority of the Members present
in each House, that the President's inability
has ended, or (3) the President's term ends.

"Sxc. 6. The Congress may by law provide
for the case of the removal, death, resigna-
tion or inability, both of the President and
Vice President, declaring what officer shall
then act as President, and such officer shall
act accordingly until the disability be re-
moved, or a President shall be elected. If
at any time there is no Vice President, the
powers and duties conferred by this article
upon the Vice President shall devolve upon
the officer eligible to act as President next in
line of succession to the office of President, as
provided by law

"Sxc. 6. This article shall be inoperative
unless It shall have been ratified as an
amendment to the Constitution by the legis-
latures of three-fourths of the several States
within seven years from the date of its sub-
mission."

SJ.Ree.20. Joint resolution proposing an
amendment to the Constitution of the
United States granting to eitlaens of the
United States who have attained the age of
18 the right to vote.

Resolved by the Senate and House of Rep-
resentatives of the United States of Ameriom
in Congress assembled {two-thirds of eceh
House concurring therein). That the follow-
ing article is hereby proposed aa an amend-
ment to the Constitution of the United
States, which shall be vaUd to all intents
and purposes, as part of the Constitution
only If ratified by the legislatures of three-
fourths of the several States within seven
years from the date of Its submission by the
Congress:

"aktkxb —

"The right of citizens of the United States,
who have reached the age of eighteen years,
to vote shall not be denied or abridged by
the United States or by any State on account
of age. The Congress shall have power to
enforce this article by appropriate leglala-
tion."

ADDRESSES. EDITORIALS, ARTI-
CLES. ETC., PRINTED IN THE
RECORD

On request, and by unanimous consent,
addresses, editorials, articles, etc., were
ordered to be printed in the Rkcosd as
follows :

By Mr WILLIAMS of New Jersey :
Address entitled "This Is My Country," de-
livered by Senator Mcbkix at a recent meet-
ing of the Florida Civil Liberties Union, in
Miami, Fla., emphasizing that differexWM
among peoples of this Nation can be a source
of strength rather than a source of weak-
ness.

ByMr. WILET:
Special economic report by him.

GOVERNOR ROCKEFELLER'S
ANNUAL MESSAGE

Mr. KEATING. Mr. President, yes-
terday marked the opening of the 184th

1961

CONGRESSIONAL RECORD — SEN ATE

205

session of the New York State Legisla-
ture.

Oovemor Rockefeller personally deliv-
ered his annual message to the legisla-
ture, outlining his legislative program
for the State. This was an outstanding
message, covering a wide range of im-
portant Issues and problems. It reflects
again the great quality of leadership and
the great concern for the welfare of the
people for which Nelson A. Rockefeller
islUready renowned.

This morning's New York Times and
New York Herald Tribune both com-
mend the Governor's forward-looking
approach to the problems facing the
Empire State, and pay high tribute to
the contents of the Governor's inspir-
ing remarks. I ask unanimous consent
that the editorials appearing lin the New
York Herald Trlbime and the New York
Times be printed at this point in the
RSCORO.

The PRESIDING OFFICER (Mr.
GORi in the chair). Is there objec-
tion?

There being no objection, the editorials
were ordered to be printed in the Rkcoro.
as follows:

[From the New Tork Herald Trlbtme,

Jan. 6. 1061]

RocxBrsLUB Pboobam: Dbxctiom Foxwaxo

Oovemor Rockefeller, in his first 2 years
at Albany, got the State's fiscal house in
order by raising taxes and returning to pay-
as-you-go financing.

Now that Mr. Rockefeller enters the second
half of his first term, where is he heading?

In yesterday's message to the leglalature
the Governor covered, as Is customary, a lot
of ground. He did considerable generalizing,
leaving many specifics for later in the ses-
sion. But the program is nevertheless a
positive one, liberal in outlook, which clearly
means to keep the State of New Tork moving
forward.

More spending is in prospect. The Oov-
emor wants educational opportunity ex-
panded; the people have already heard how
college facilities need to be tripled by 1986.
A tremendous Increase in highway construc-
tion and other public works is projected.
There will be renewed encouragement of in-
dustrial expansion and job opportunity.
Medical aid to the needy over age 05, largely
through available Federal funds. Is recom-
mended.

Of most Immediate Interest, of coune, Is
the reaffirmation of a flat 10-percent refund
on personal Income tax for 1960 earnings.
The Democratic minority dislikes the across-
the-board formula, but we believe Mr. Rocke-
feller is right in insisting on the same per-
centage of relief for every taxpayer. He also
urges equal tax treatment for nonresidents
on Itemized deductions, an oh) grievance on
which there should be no fxirther boggling
for any reason.

The ailing commuter railroads arc recom-
mended for more and faster assistance, but
the service must continue and improve.
Here the Oovemor also mentions the full-
crew laws, which the railroads call feather-
bedding, and tentatively calls for adjust-
ment.

On rent control, Mr. Rockefeller favors
another 2-year extension with modiflca-
tlons intended to eliminate inequities and
abuses. Someday, perhaps, this State will
get around to more fundamental considera-
tion about how long a temporary emergency
can be allowed to continue.

This year the Oovemor again says he
wanto an antidiscrimination law for sales
and rentals of private housing in deveK^-
ments. He couldn't get it at the last ses-

sion, but on civil rights Mr. Bodufeller la
an extraordinarily determined man.

There is much more in the message — for
instance court reorganization, a possible
salary raise for some State employees, and a
more realistic Condon-Wadlln law against
public strikes. But there is no mention ot
fallout ahelters or new methods of school
taxation. The Oovernor seems content to
let unpopvQar bygones rest.

In short, there Is so far a minimum of the
controversial but plenty of constructive ac-
tion in prospect. It should be a busy and
productive winter in Albany.

(Prom the New York Times, Jan. 1, 1961)

TKK ROCKinCLLKR Mkssacz

Having dramatically restored New York
State's fiscal integrity in his first 2 years
In offlce. Governor Rockefeller in his third
annual message is able to turn away from
the issue of sufficient taxation and address
himself more completely to helping people
meet their problems through creative leader-
ship of government. He puta it this way:
Government must have a heart •• well as
a brain.

Education of youth, concern for the wel-
fare of the family, attention to the needs
of senior citizens — these are basic among
the challenges facing State government. A
solvent State has no meaning if tax revenues
are not wisely expended to serve these fun-
damental aspirations. The Governor's re-
current theme is initiative for close partner-
ship between Stata and local govemmenta.
with establishment of a new executive ofllce
of urban development a featvire of this col-
laboration.

The dimensions of the Rockefeller program
on education and higher education remain
to be defined later, but the direction Is xm-
mistakable for vastly larger Stata expendi-
t\ire. The Governor's Interest in health,
housing, fair pay for State employees, mi-
grant labor, a wide range of youth problems,
the enlargement of employment opportuni-
ties and improvement of business climate,
control of water pollution, court reorganiza-
tion, voting law revision, the social prob-
lems left in the wake of greater automation,
the wise control of biUbotu-d advertising on
highways, suggesta the generous scope of
subject matter proposed to the legislature.

The Governor is determined to press for-
ward to a solution of railroad problems. He
girds tor the fight on featherbedding laws,
and makes it rail labor's duty to join in
rescue of the railroads. He states well the
case for revision of the Condon-Wadlln law.
noting that even the "threat" of a strike by
governmental employees is "wrong in prin-
ciple."

Despite proposing the largest capital con-
struction program ever undertaken, Mr.
Rockefeller foresees a budgetary situation
permitting the 10 percent income tax refund
promised earlier. The Governor's budget
message in early February wiU offer the op-
portunity for further comment on many
phases of yesterday's message where evalua-
tion depends on the amount of money put
behind them.

Mr. Rockefeller returns aggressively to the
battle against discrimination In sale and
rental of private housing. Here as on other
controversial matters he speaks with courage
and determination as he asks the legislature
to join him in getting on "with o\ir Impor-
tant work." This is a message long with
problems, warm with ita understanding of
himian needs, and Intelligent in its offered
solutions.

THE CASE AGAINST REFORMINa
OUR POLITICAL SYSTEM

Mr. DODD. Mr. President, on No-
vember 21, 1960, 1 had the honor of ad-
dressing the New England Society in

New York City. The «>eech dealt with
some questions which are being widely
discussed at the moment, the proper role
of political platforms, party caucuses,
party discipline, legislative compromises,
and the doctrinaire approach to political
problems.

These remarks prompted editorial
comment from a number of newspapers
which throws added light on the subjects
discxxssed.

In the hope that the speech and the
editorial comment will prove useful to
others, I ask unanimous consent that
they be printed at this point in the Re-
cord.

There being no objection, the material
was ordered to be printed in the Rbcord,
as follows:

Tux Cask Against RxroaaciNC Om Pounoo.

Ststbm
(Remarks of Senator Thomas J. Dood, at the

annual festival dinner of the New England

Society in the city of New York, Monday.

Nov. 21, 1060)

I open my remarks tonight with what may
be my first and last specific reference to New
England, a quotation from a famous native
son of Boston, Benjamin Franklin. As be
left the final session of the Constitutional
Convention of 1787, Franklin was asked by
an onlooker, "What have you given us?"
He replied, "We have given you a Republic —
if you can keep it."

The keeping of this Republic has seemed
to me one of the great romances and adven-
tures of all history. It has, like a chariot in
headlong flight, careened through tempes-
tuous decades, swerving past the pitfalls of
tyranny by the few and tyranny by the
many, siumounting the divergent obstacles
of centealization and of disunion. In every
generation it has been in danger of overtiim-
ing, as it always will be, as it is today.

liie survival of a republic depends upon
Ita being understood and appreciated. I fear
it Is less understood and less appreciated to-
day than it has been for a century and I
take up the subject tonight, against the
background of our recent election, in the
hope that I will lessen and not add to the
confusion.

A republic, as we all know, is a form of
government in which sovereign power is
exercised by elected representatives; not by
tyrants, not by the people, but by elected
representatives. A republic Is better than a
tyranny or an oligarchy for obvious reasons.
It is l>etter than pure democracy because
pure democracy on any wide scale always
leads to dictatorship, for the simple reason
that a great mass of people cannot be suf-
ficiently informed and has no effective means
of r^lstolng its will. On come the crowd
manipulators, the Julius Caesars and the
RobeeplerreE, to assume dictatorial powers
on the pretense that they speak in the name
of the people. And those powers will even-
tually be formalized and placed in the hands
of an emperor, an Augustus or a Napoleon.
There is thus a terrible serpent lurking In
the flowery verbiage which adorns democracy.

There are three essentials to republican
government: representatives with limited
powers freely chosen by the people; institu-
tions which give the people a true and honest
voice in their selection; and safeguards
which protect legislatures against usurpation
and Insulate Individual representatives frotv
intimidation.

Conservatives have traditionally erred
when they have resisted attempts to make
the system truly representative. Uberals
have erred when they have. In the name
of the people, sought to Impair the inde-
pendence of elected representatives.

The conservatives were wrong when they
resisted such measures as the extension a<

206

CONGRESSIONAL RECORD — SENATE

January 5

\

ti

j

II!

the voting franchise, the direct election of
Senators, and the State primary system,
measwes Intended to make our system truly
representatlTe by abolishing the frauds and
manipulations which resulted In minority
rule.
L The liberals were wrong when they pro-

r moted such schemes aa the initiative, the

referendum, and the recall, which substi-
tuted plebiscites for the action of legisla-
tures and wHich sought to Intimidate elected
r officials with the threat of dismissal for op-

• posing the popular sentiment at any given
moment.

And I think the liberal Innovators are
{ wrong today when they try to whittle away

t at the deliberative process, when they attack

« the committee system of the Congress, when

L tbey condemn its rules as antiquated, when

I thry talk speciously of mandates, when they

} pre pose binding party platforms, and bind-

ing party caucuses that ore to take primacy
r over the Independent Judgment of the elected

* official.

? After every election the air Is filled for a

\ time with talk of a mandate from the people.

: The winning party, Its supporters In the

' IMress, on the campus and elsewhere, will

\ claim that the election was a public mandate

for the carrying out of some specific, far-
l< reaching program of action. The losing

party will either deny thla or remain silent
dependent upon whether the election was
close CM- decisive. But there seems to be a
tacit acceptance by both sides that man-
dates are part of our system. This is non-
sense, and it is nonsense that holds great
I danger for a republican form of government.

A mandate, according to Mr. Webster, is
I an authoritative command. A mandate Im-

plies that the discretion of elected repre-
■entatlves has been superseded by the will
of the people, supposedly registered In the
election, which must be automatically car-
tied out. The trouble vrlth the mandate
i theory, aside from the constitutional objec-

■. tlons, is that It presupposes a number of

'■ conditions that do not exist. It presupposes

that the candidates of a party are uniformly
committed to a set of proposals outlined in a
party platform, that the party platforms
offer a distinct choice to the people, that the
people carefully study the opposed platforms
and that on election day they vote for the
platform rather than for the man.

Perhaps the fallacy of this approach can
best be demonstrated by a realistic look at
what really happens In an election. Let us
take the case of a relative newcomer to poli-
tics who is running for the U.S. Senate for
the first time.

He starts off with a party affiliation which
will predispose a minority of the voters in
hla favor and a like minority against him.
This affiliation gives the people a vague Idea
of his general approach to problems but
rarely enough of an idea to obligate or com-
mit him to specific actions. His main task
Is to make himself known to the people and
he is told that it Is more important to dis-
\ I tribute his picture than his platform. When

V he is quoted in the press, his vrords are as

i apt to be out of context as In context. It

I Is his attacks rather than his proposals that

\ are printed.

Though he may start campaigning with a
set of serious speeches on the Issues, he will
soon find that they will not hold the Interest
of his audiences. His Jokes will get more re-
sponse than his philoeophy. His homely il-
lustrations will make more points than his
most profound observations. Therefore, he
quickly changes his approach and evolves a
standard speech which covers Just about
everything in the most general terms. He
will talk more about Franklin D. Roosevelt or
Abraham Lincoln than about his blueprint
for the future. Much of the time he will be
invading factories and shopping centers to
shake hands and introduce himself. If he is
robust enough to endure more of this than

his opponent, he has a distinct advantage
that has nothing to do with hla political
views.

A politician Instinctively knows that it la
the public estimate of his personal qualities
rather than his political dogma that will win
or lose the election. That Is why candidate
Jones will design his lO-second television
"spots" and his billboards something like
this:

"Vote for Jones— Honest, courageous, in-
dependent."

He will not say :

"Vote for Jones — Oalbralth's economics,
Schleslnger's politics, bound by the Los An-
geles platform."

And so. on the day after election when
the candidate honestly tries to figure out
how he happened to win, if he Ls frank with
himself he finds it all an enigma.

Was It his politics or his profile that won
the elrctlon? Was it his rhetoric or his reli-
gion, his ethics or his economic*? Was it
because the people liked him or because they
disliked his opponent? Was it what he was
known for or merely that he was known?
Was there a mandate for what his party pro-
posed to do or a protest against what the
other party had already done? Was he elect-
ed on his own or was he pulled in by the
popularity of another candidate for another
office?

He will never really know the answers.
All he can know for certain Is that he has
been lawfully chosen by the people to act
as their representative for 6 years and at
the end of those 6 years, he will have to sub-
mit himself to them once more.

How foolish then, how pompous, for him
to alight In Washington 3 months later,
claiming that he has a mandate to carry
out this or that program.

Let us follow oiu- candidate through a
couple of terms. As he casts hundreds of
votes, his philosophy becomes clearer to
those few who care to study It. I am told
there are a large niunber of my constituents
in the audience tonight but I'll bet there
Is not a man here who knows how I have
voted on 10 Issues out of the hundreds I
have voted on.

As the Incimibent Senator becomes identi-
fied with this or that cause, he Is apt to be
Judged by the public In terms of the manner
In which he makes his fight rather than the
fight Itself, and In terms of personal quali-
ties rather than political Issues. For ex-
ample. Senator Taft was loved and trusted,
not so much for his program as for the
sturdy integrity and candor with which he
fought for It. The man who Is always In
the midst of heated controversy may leave
an impression of either courage or of rash-
ness but he Is unlikely to leave a clear un-
derstanding of his total philosophy. If he
fights for the iinderprivileged, his supporters
will credit him for his compassion rather
than his sociology. If he fights for a stable
currency, he will be hailed for his soundness
and his responsibility but his views about
the Federal Reserve System will ever remain
a mystery to the general public. And op-
posite traits of character will be assigned to
the hapless politician by those to whom he
does not appeal.

It is this tendency of the public to Judge
a candidate In terms of his character that
confounds the neat classifications of the
political theorists. Thus In 1952 the people
of Massachusetts gave huge majorities to
Dwlght D. Eisenhower and John F. Kennedy.
Thus in 1956 the people of Oregon gave
record landslides both to President Eisen-
hower and to his most conspicuous critic.
Senator Watits Moksb. And we could find
dozens of similar examples in the recent
election, such as the victory for Kennedy
and Saltonstall In Massachusetts, or the vic-
tory for Nixon and Maurlne Neuberger In
Oregon.

"What a way to run a country," the critic
will say. And it does seem somewhat iUogl-
cal until you recall that the representative
principle intends the people to vote, not for
ideologies or factions, but for fleeh-and-
blood men. The true representative prin-
ciple consists of this: you pick a man to
make your legislative decisloxu on the baali
of his character and his specialized knowl-
edge. Just as you pick a lawyer or a doctor
to make your legal or medical decisions on
the same l}asis. Tou aim at a general result.
You cannot ascertain the rlghtness or wrong-
ness of everything which yoxir representative
or your lawyer or your doctor does, but you
can Judge the result. If the result U good,
you will keep him en. If It Is bad, you will

drop him. And If he Is a good man. he will
not let you boss him around while he U on
the Job.

Abraham Lincoln gave voice to this senti-
ment once when he was being attacked from
all sides and ii^as being urged to defend hUn-
self and his policies. He said, "I wlU do the
very best I know how— the very beet I can;
and I mean to keep doing so until the end.
If the end brings me out all right, what is
said against me won't amount to anything.
If the end brings me out wrong, 10 angels
swearing I was right will make no differ-
ence."

What is the function of the elected repre-
sentative? To be sure, the fact that he seeks
office under the auspices of a political party
obligates him to pursue a certain general at-
titude, an attitude which he voluntarily em-
braced when he Joined that party In the first
place. But If pitching U 76 percent of a
baseball game, as Connie Mack once said,
party conformity is only 25 percent of the
political game.

Political affiliation gives him a certain In-
sight, a certain approach to the hundreds of
issues of the time but it doe* not give him
the concrete practical answers. Tboee he
mtut seek out for himself, based on Individ-
ual examination. And he should be let
alone by his party and by the public in ar-
riving at his decision. Party Ideology and
private self-Interest hold no magic answers
to the agricultural problem, to the question
of nuclear arms, to the problems of sound
currency or full employment or foreign poli-
cy or any of the other complicated issues be-
fore us. Therefore, in conscience, in theory
and in practical fact, the elected reprcsenu-
tlve can assume his duties free from any
commitments except those which he has
freely made himself. And I say that he
should violate even those commltmenu.
should his reason lead him to do so In the
national Interest.

What Is the function than of the people
with respect to their representatives? Aren't
the people the boss after all? I would put it
this way. The people have the right to hire
and fire but they do not have the right to
give on-the-job direction. They can and
should give advice. They should let their
man know what they think and why, but
they should not try to Intimidate him and
he should not submit to Intimidation.

This Is the essence of the representative
system. I think the American people prefer
it this way. It is only the extremists, the
vested Interests, the doccrlnalres, the organ-
isers of blocs who would undermine repre-
sentative government and make of their
elected representatives so many rubber
stampw.

The humble party platform of old so long
neglected and lampooned, has like Cinder-
ella, suddenly come upon better days. For
long decades, party platforms were ambigu-
ous and friendly documents which tried to
please everyone and which were, like the cus-
toms described In Hamlet, "more honored In
the breach than in the observance." Plat-
forms excited little interest in the land and
passed from the scene quietly and un-
moximed after each convention, forgotten

1961

CONGRESSIONAL RECORD — SENATE

207

except by students of historical curiosities
and occult phenomena. But this happy con-
dition Is passing.

One of the most popular criticisms of our
system today is the oft-heard c(Mnplalnt that
party platfonns don't mean anything. If
this were merely the assertion of a fact. I
would not be disturbed. But the Implication
usually present is that party platforms ought
to mean something, that they ought to be
translated Into law. Should this attitude
become widely held It would constitute a
grave threat to representative system. And
it is becoming widely held.

One of our favorite political shell games
Is the brandishing of a party platform under
the nose of an opponent in debate while
pointing out. to that fellow's embarrassment,
that his party platform pledged lilm to do
something he did not do. Unfortunately, the
victim of this game will usually reply that
he really Is carrying out the platform In his
own way or that he Just needs more time or
different circumstances. What ought to be
said Is that the resolutions adopted by a
political convention can never be more than
advisory and that any attempt to make them
more than advisory is an attempt to usurp
the legitimate function of elected repre-
sentatives.

The worst betrayal of trust that any Presi-
dent or Oongrese could commit would be to
accept whole bog the convention platform of
a victorious i>arty and to subordinate the 4-
year deliberative process of the President
and the Congress to the 4-day drafting proc-
ess of nonelected members of a party plat-
form committee.

This is not meant to east any reflection on
the platforms of either party or on the fine
and able men who drafted them. It Is an
attack upon the contention that party plat-
forms can have any sort of binding natxire
upon elected representatives.

The party platform Is written by persons
who are never chosen for that task by the
pec^le. Though a minority of convention
delegates are chosen by some form of pri-
mary election, most are not, and none are
elected for the q>eciflc task of deUberating
upon a platform. •

I have served on platform committees In
two conventions and I know something of
how they operate. For 4 or 6 days committee
members sit wearily listening, while a hun-
dred witnesses hurry through their written
texts In unbroken monologues. Occasion-
ally the spectacle will be enlivened by the
cheers or boos that may greet a controver-
sial witness but this doe* nothing to elevate
the process. At any given time a large num-
ber of platform committee members will be
absent and even those who brave It through
have no time or opportunity for assimilating
the conflicting testimony. There Is no real
confrontation of opposed views.

While the show is going on out front, a
small group of experts in the back room, con-
sisting mainly of staff members who are
not even delegates, writes the party platform.
In the end, it is the restilt of the back room
work that Is presented to a sleepy platform
committee In the wee hours of the morning,
a committee that has neither the time nor
the means to dispute more than one or two
of the hundreds of platform planks. Thus
the platform committee adopts the platform
without anything that could be seriously
called deliberation. And a few hours later
the whole convention ratifies it in a per-
functory manner except for the traditional
brief squabble over civil righto. Under the
latest innovation, the platform Is not even
read to the delegates before they pass upon
it. Instead, they are shown a dramatized
version filmed weeks or months previously
which covers some of the highllghto. That
is how a party platform comes Into being.

I agree with a good deal that is in the
Democratic platform (and the Republican
pUtform. for that matter). I wUl support

many of Ito principles. But I would never
entertain the suggestion that I or any other
Senator was obligated to supi>ort any section
of It merely becatise It was adopted by oxu-
I>arty convention. The concept that a con-
vention platform is binding upon elected
Representatives In the Congress Is absolutely
Inimical to our system of Government.
Theirs, and theirs alone, is the final re-
sponsibility for legislating.

I believe that party platforms, except for
a general statement of goals and attitudes,
ought to be done away with. They are
anomalies that have no legitimate status
luider our Constitution. So long as they are
not taken seriously, they are a source of
cynicism about the Integrity of our political

process. And so soon as they are taken
seriously, they vtrlU start to undermine our
republican form of government.

A presidential candidate ought to an-
nounce his own platform, describing his gen-
eral approach, as of the moment, to basic
Issues. I think each candidate for Congress
or the Senate ought to do the same. But any
attempt of a party convention to dictate to a
President or a Congress concerning constitu-
tional responEibiUties cannot be counte-
nanced.

Ever and anon, there arises the mournful
lament that omr political institutions are
antiquated. It seems we are out of date.
We are still In the 18th century. We
must revamp our Institutions to make them
reflect more accurately and more swiftly the
public will. Whenever I hear this sort of In-
troduction, I am pretty sure that some dread-
ful outrage upon our representative system
Is about to be proposed. And I am seldom
disappointed.

"We must speed up the legislative process,"
so the experts say. "We must give more
representation to the iirban centers and less
to the small States and rural areas. We must
overhaul the committee system of Congress
and do away with obstructionism. We must
develop party caucuses In Congress that will
be binding on all party members. And above
all, we must have more party responsibility."

There Is one standard which I apply to all
of these proposals. Do they enhance or de-
tract from the Independent functioning of
the Individual Representative? Some of
them, such as proposals to reform the House
Rules Committee practices, do enhance the
independence of the average legislator be-
cause they return to him powers that are
now being exercised in his name by the
Rules Committee. And I support proposals
to limit filibusters In the Senate because,
through this device, a minority of my fel-
low Senators restrict my lndei>endent func-
tioning by depriving me and the majority of
my colleagues from the opportunity to vote
our convictions. So, I would welcome some
changes. But most of these proposals are
dangerotis in the extreme to republican
government.

Speeding up the legislative process means
depriving the Individual legislator of an op-
portunity to Influence the final decision.
Any radical change In the system of repre-
sentation In favor of big city areas would
pose a serious danger to minority rights
which need some advantage if they are to
be protected and would further subject the
Congress to the Intimidation of the organized
groups, lobbies and blocs that are charac-
teristic of xn-ban society.

The abolition of the seniority system
would deprive the legislator of that security
of tenure on a committee which enables him
to pursue hla Independent judgment, free
from the fear that colleagues who disagree
could deprive him of his position.

The growth of the party caucus system
ought to be resisted. If the day comes when
party caxicuses are binding upon legislators,
independent Judgment will go out the win-
dow and the majority of the Congress will be

dictated to by that minority which happens
to control one of the two party caucuses.

The term "party responsibility" is one of
the most sonorous and misleading euphe-
misms of political parlance. What it really
means is a party control. And party control
is incompatible with Independent individual
Judgment. I believe in that kind of party
responsibility and party unity which finds
men with voluntarily shared common prin-
ciples bcuided together to carry them out.
This is the only kind of party unity com-
patible with our constitutional system.

Many of our political theorists look long-
ingly on the British system of parliamentary
government in which party discipline is so
effective. In which dissidents are so thor-
oughly whipped into line, that a party which
has a nxajorlty at only three or four seats can
rule unchallenged for several years and ¥rln
every vote, however controversial, by an
Identical margin. The British Member of
Parliament is merely a tool of his party lead-
ers and his' function in the Parliament could
be performed just as well by a lamppost
which on each occasion lighted up to record
the decision of the party leadership. What
a fall there is here from the immortal prin-
ciples of representative governuxent and In-
dependent Judgment set forth in the British
Parliament by Edmund Burke 200 years ago.
And this Is the Inevitable end result of the
piecemeal surrender of Independence that is
Implied in most proposals to modernize our
representative system.

We are now witnessing the beginnings of
the growth of party machinery which, if
carried forward, raises a new danger to
Independence .

I have already discussed the growing em-
phasis being placed upon party platforms,
which are completely foreign to the legisla-
tive process. In recent years there has
evolved the so-called Democratic advisory
council In which a body predominantly com-
posed of private citizens, chosen by other
private citizens, presumes to promulgate the
policy of the Democratic Party.

The advisory council is broken into a ntim-
ber of committees based on subject matter
and these committees rely heavily on the
Judgments of experts — scientists, economists,
professors who, comp>etent though they may
be, are even further removed than the com-
mittee officials from any valid representative
status. If these committees are considered
merely as research bodies gathering data to
lay before elected representatives, there is
no objection to them. On the contrary,
their help should be welcomed.

But since there Is a presumption that the
positions of the Democratic advisory council
represent the positions that Democrats ought
to hold, I regard this council as an oodlnous
departure from past c\utom.

A third and more effective device of party
discipline Is the fundraising activities of the
national committee and tlie congressional
campaign committees of both parties. Up
to now these activities have p(»ed no real
threat to the independence of legislators or
of Presidents, because of the small amounts
they were able to disperse and because of the
character of the men In charge. But each
year the fundraising activities of the nationril
committee and the congressional campaign
conunlttees are prosecutc-d more effectively
and successfully. I can, therefore, envision
a time when these committees will be able
to say to the candidates of their party. "We
have $100,000 for you that wUi help you
get elected if you are the right kind of man
who will cooperate with the party leader-
ship." This is one of the control devices of
the British parties and it is extremely effec-
tive.

New Senators and Congressmen could thus
be pledged to a certain program of action be-
fore they ever assumed office, and incum-
bents would face the unsettling prospect
that any deviation from party orthodoxy

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oould result In the denial of campaign funds
when they ran for reelection. This of course
Is only one aspect of the whole problem
which fundraislng poses for free govern-
ment.

All fund raising, to a certain extent, save
for the small contributions of scattered
thousands, threatens the Independence of
the elected representative. Large contribu-
tions by labor organizations or by manufac-
tiuers' groups, under whatever guise, poae a
danger. The only real answer to this prob-
lem is the answer proposed by Theodore
Roosevelt more than 50 years ago that the
Federal Government pay the cost of cam-
paigns for all Federal elective offices. Even
if we were to suppose that the total cost of
campaigning for Federal office woxild amount
to $60 million or $100 million every 2 years,
this would be an insignificant portion of our
total budget — less than one-tenth of 1
percent, and it would remove one of the
gravest threats to the independence of elect-
ed representatives.

Another though less obvloiis menace to
representative government is the frequently
voiced distrust of political compromises.
This attitude Is ominous because It reveals
a lack of understanding of the essential na-
ttire of the democratic process and it Is dan-
gero\is because it tends to promote a doc-
trinaire rigidity which would divide o\ir
people into those hostile political camps
which divide other countries.

I recall during the recent campaign, an
"Open End" dlsctisslon'on television, moder-
ated by David Susskind and featiu'lng a
panel which Included Steve Allen. Shelley
Winters, Pamela Mason and other students
of the political process. It was a rather
melancholy performance. SussUnd started
the ball rolling by saying that he tried to
provide his children with the proper at-
mosphere for their moral growth but that
his attempts were being undermined by such
spectacles as the convention rapprochement
between Kennedy and Johnson or that be-
tween Nixon and Rockefeller. How can we
expect our children to grow up with in-
tegrity and conviction. Susskind declaimed
to the sympathetic panel, when they wit-
ness such cynical underhanded compromises
by national leaders?

This is at least a refreshing twLst. I
have heard Senators accuse the movie In-
diistry of debauching the morals of children.
But this is the first time I have ever heard
movie stars accuse Senators of the same
thing.

Let us get away from the personalities on
the program, who are able and sincere people
and most of whom are fellow Democrats, and
take up this assumption that political com-
promises are cynical and underhanded.
Take the point In question. Ltndon Jorm-
soK has been the Democratic leader of the
Senate by unanimous choice for many years.
He had delegate strength at Los Angeles
which represented approximately 40 percent
of the Democratic Party. For Senator Ken-
nedy to ask him to accept the vice-presi-
dential nomination was not only a natural
thing and an act of political sagacity. It was
also an act of statesmanship which recog-
nized that doctrinaire rigidity cannot suc-
ceed in American politics and that it ought
not to succeed. The same can be said of
Vice President Nixon's handling of the
Rockefeller incident. Each of these actions
recognized the fact that our political parties,
like the nation they represent, are made up
of diverse Interests and that the happiness
and welfare of our people can best be ad-
vanced through a government which, if not
completely satisfactory to almost anyone, la
tolerable for almost everyone.

Underlying this downgrading of com-
promise Is the tacit asstmiption that the
elected representative ought to be bound by
a doctrinaire ideology rather than free to
accept or reject or deviate from that ideology

with each new decision. Those who decry
political compromise, whether at a national
convention or during a legislative battle, un-
wittingly give voice to that ugly sentiment
upon which all totalitarian systems are
built; and that Is that there Is In politics a
rigid, undevlating orthodoxy of truth and all
philosophies and Individuals that dilfer
ought to be steamrollered, anathematised
and excluded.

After each election we are apt to hear the
doleful cry that "political parties do not
mean anything any more," that they do not
offer the voter a clear choice between op-
posed doctrines. The extreme liberals in
the Democratic Party and their conservative
counterparts In the Republican Party are
fond of Issuing manifestos calling for a
repudiation of the moderate elements of
each party and thus presenting the voters
with a clear choice between diametrically
opposed sets of candidates.

This sort of complaint, which Is fairly
common. Is based on the assumption that
there ought to be a fundamental conflict
between the two parties, a down-the-llne
division. It Implies that every Democrat
ought to stand for one set of distinct policies
and ev«7 Republican for an opposed set.
I hope that most of those who make this
criticism of our party system do not grasp
the real Implications of what they are saying.

We live In a country which has an es-
sentially sound system of government, a
basically Just social system, a growing and
prosperous economy, a happy relationship
between church and state, a saUsfactory ar-
rangement between workers and employers,
and the absence of bitter conflict between
the so-called classes.

Why then should there be a doctrinaire
division, a fundamental conflict between the
two parties? Why should people resent the
fact that our parties offer similar solutions
to most problems? Why should there be a
call for disagreement merely for the sake of
disagreement?

It is the doctrinaire ideologies at the ex-
treme of each party who most vociferously
deplore the similarity of the parties and the
lack of venom and hostility which character-
izes the conduct of most elected offlclals. I
say that the similarity of our parties is evi-
dence of the success of our system and not
an indication of weakness. And I would
hope that people would think twice before
they commit themselves to a theory of
irreconcilable party combat which is the hall-
mark of a system that Is falling.

It was my good fortune during the recent
campaign to travel through Connecticut for
the better part of 2 days in the same car
with Senator Kennedy. I have vivid recol-
lections of those days, recollections of tens
of thousands of people densely packed along
narrow streets while an unprotected man.
standing in an open car. rode among them,
a man whose future decisions could be cru-
cial matters for all who watched him. As I
saw the smiling, friendly faces of thousands
of Americans, I reflected upon the bitter,
hate-fllled, rioting crowds that we are so
used to seeing In newsreels from abroad,
where politics Is often regarded as mortal
combat. The only danger posed to the safety
of Senator Kennedy was the danger that he
might be bruised by a demonstration of
affection. Scattered throughout the crowd
one would see affable Republicans holding
pro-NixoN or anti-Kennedy banners and of
course these dissenters were In no way mo-
lested, or taunted by the majority. If there
was a rare outbreak of hooliganism during
the campaign, if one or another of the can-
didates got the egg or tomato treatment, it
was an exception deplored by virtually every-
one. When I thought of the oourteoxis,
friendly receptions being repeated in every
State in the land as Senator Kennedy and
Vice President Ndcon campaigned, I could
not help but think what • tribute this

to the success of our representative system of
government. There are few places In the
world where opposed candidates for Chief of
State can go among the people unprotected
at the height of a critical campaign without
fear of riot or assassination. This essential
stability, this public satisfaction with our
institutions was brought home even man
forcibly by the aftermath of the election.

Here was a contest of earth-shattering
importance decided by one-tenth of 1 per
cent of the popular vote, by a majority of less
than 200,000 out of almost 70 million. In
any other great nation in the world, such an
election would result in some degree of
chaos. In some nations it would result in
civil war as the losing side refused to accept
the Judgment. In most of the parliamen-
tary nations the victor would find it impos-
sible to form a government. In still other
nations the losing party would dedicate Itself
to frustrating and hobbling the victor until
his government was brought down, with no
regard for the welfare of the country.

But the American people immediately ac-
cepted the decision as though it had been
a decision based upon a majority of 10 mil-
lion. No one need fear a remorseless party
combat In Ckingress aimed solely at discredit-
ing the new President and frustrating his
administration. As soon as Vice President
Nixon could be sure thst he had in fact been
defeated by the narrowest of margins, he is-
sued a statement that he had run the con-
test under the rules, that he accepted the
rules, that he accepted the decision of the
people and that he wished every success for
his victorious opponent. This Is the happy
consequence of a system which places its
tnut in free men with limited powers, rather
than In party dogmas which brook no com-
promise and resist all restrictions.

On the last day of the recent Congress,
in almost the last hour, the Republican
leader of the Senate, Kvawrrr Dnucsxif.
rose to make his farewell remarks to a
packed Senate at about 4 o'clock in the
morning. As be concluded, he turned to
his colleagues on the Democratic side of the
aisle and said: "In due course I shall go
back to the hustings, and In the nature of
things I shall have to recite all of the sins
of those on the other side of the aisle. I
shall recite the sins of omission and the
sins of commission. • • • But I wish to say
to the majority leader and all Senators that
whatever our utterances may be, they shall
not be tainted with malice. • • • Other peo-
ple would think that we were so beset with
selfishness and venality and political aggres-
sion that we would be ready to tear each
other to shreds. But we live together. We
disagree together. And somehow or other
the Republic goes forward.

"• • • So. au revolr. We shall see you
on the home diamond somewhere: and when
it is all over, on the morning of November 0,
all the healing waters will somehow close
over our dlssldence. and we shall go forward
M a solid phalanx once more."

This is the American system which we
have evolved and in which each of us can
take pride. Why then should we change It.
or modernize It or dogmatize It? Let tu
rather rejoice in it and cherlEh It.

If we oould -speak across the centuries
to Benjamin Franklin tonight, we oould
fairly say that we have kept our Republic.
It Is my hope that there wUl never be a time
when the people of this country cannot say
as much.

[from the New York Times. Nov. M. lOflO]
In ths Nation — 8oms CANsm Tsuths About
National Paxtt Piarroaics
(By Arthur Krock)
WASHorcTpN, November 21. — Senator Dodo
of Connecticut interrupted the current self-
seeking chatter that national party plat-
forms are a set of specific commands on all

those elected to ofltee In Washington, by tell-
ing some truths about these documents.
And he made the interesting suggestion that
henceforth national platforms shall be ac-
cepted by the candidates and understood by
the party and people as merely advisory.

In the coxirse of his speech to the New
England Society in New York tonight the
Senator fortified this suggestion with a blxint
account of the circumstances in which plat-
forms are composed and approved that dem-
onstrates the sham of the contention that
they are binding, word for word. He accu-
rately described these products as "written by
persons never elected specifically to perform
the task." For "Four or five days." he said,
"committee members sit wearily listening.
With a large number often absent • • •
I while 1 a small group of experts in the back-
room, consisting mainly of staff members,
who are not even delegates, vn-ites the party
platform. • • • And under the latest In-
novation, the platform is not even read to
the delegates before they pass on it.

"A presidential candidate • • • and each
candidate for Congress oxight to announce his
own platform, describing his general ap-
proach, as of the moment, to basic issues.
Any attempt of a party convention to
dictate to a President or a Congress concern-
ing constitutional responsibilities cannot be
countenanced ."

But, though the Senator drew an accurate
picture of national platform procedures, he
omitted one of major Importance at Loe
Angeles and Chicago in li>60. In each case
individuals or special-interest blocs whose
support the leading presidential candidate
believed to be essential to his nomination
and /or election insisted on inserting their
programs into the platforms as party pledges.
At Los Angeles this insistence by the spokes-
men for union labor, for Federal enforce-
ment of the most extreme equal rights pro-
posals and for greatly enlarged Federal
spending programs was almost completely
successful. And Vice President Nixon's visit
to Governor Rockefeller prior to the Chicago
convention was for the purpose, which it
accomplished by agreed drafts of major plat-
form planks, of assiirlng the Governor's ac-
tive support of the Republican ticket.

THB LASOX FACTOR OF BISK

Once presidential and congressional can-
didates have been chosen, they would cer-
tainly be free, as Senator Dodo suggested,
to" "announce their own platforms." But in
the situations In which Senator Kennedy
and Vice President Nixon found themselves,
the risk they would have assumed in follow-
ing his suggestion is apparent. The plat-
forms precede the nomlDatlons, and Senator
Kennedy at that stage of his convention
was not absolutely certain of being chosen
on an early ballot, after which his strength
was stire to diminish. And If Vice President
Nixon had not come to platform terms with
Governor Rockefeller, he would have been
confronted with the {Nxxpect of a divisive
fight in the convention that would have
carried into the campaign.

Except, however, for this lapse from politi-
cal realism. Senator Dodd put these manifes-
tos in their proper {x-oportion. This was a
service to the President-elect, the Vice Pres-
ident-elect and many Democratic Members
of Congress who are being admonished by
various pressure groups that they are under
a popular "mandate" to follow without devia-
tion both the generalities and the specifics
in the platform. The Connecticut Senator
demolished this as follows:

"The worst betrayal of trust that any Pres-
ident or Congress oould commit would be to
accept whole-hog the convention platform of
the vlctorioTis party, and to subordinate the
4-year deliberative process of the President
and Congress to the 4-day drafting process
of nonelected members of a party platform
committee.

cvn — 14

"But perhaps the worst aspect of the po-
litical sham is that Presidential candidates
nearly always feel it necessuy to commit
themselves to these effusions. They usually
try to protect their mental reservations and
their group vote investments at the same
time by making their commitments in gen-
eral terms. But the end result is that public
estimate of political morality drops a few
more degrees."

[From the Hartford Times, Nov. 28, 1960]
Senator Dodd, ths Lonzb

In his speech to the New England Society,
Senator Thomas J. Dodo seems to be paving
his way for a bolt from the Democratic
Party platform. He falls ^hort of complete
disavowal, yet with enough hint of disaffec-
tion to stir new uncertainty concerning his
intended political afllllatlon in the coining
session of Congress.

When the Senator says that he "agrees
with a good deal that is in the Democratic
platform" and "will support many of its
principles" the measure of his words leaves
strong indication that he does not endorse
the greater part of either platform or
principles.

To a considerable extent the Senator's
speech is an argument against the necessity
for party responsibility, and it leaves up in
the air as well the matter of political pre-
dictability when applied to candidates who
seek election m party guise.

In trying to fight clear of binding platform
pledges the Senator holds that "they have
no legitimate status \inder our Constitution.
So long as they are not taken seriously they
are a sovirce of cynicism about the integrity
of our political system • • • so soon as
they are taken seriously they will start to
undermine our representative form of gov-
ernment."

It is the Senator's view that platforms
adopted by conventions should never be
considered more than advisory.

This churns a wide wake of considerations.

Inherent in the Senator's position is the
belief that the electorate so well knows the
personality and ability of each candidate
that it may turn him loose, except for the
check of the next election, to shape personal
policy in large part as occasions arise. In
the case of new candidates particularly, we
doubt that voters would feel they want to
convey that much freedom.

It Is rather difficult to supix>rt a party
system of responsibility in government, at
the same time to support the flouting of
party policy by its members who then may
act capriciously, but always can solemnly ad-
vert to some matter of personal principle
as the basis for their action.

We take issue with the Senator on much of
his legislative philosophy.

Frankly, we do not trust the unlimited
Inclinations of Members of Congress any
more than he seems to trust the supwemacy
of the popular voice In democratic govern-
ment. The Senator would go far toward the
setting up of a legislative elite that would
arrogate to Itself a right to know, better than
the people, what Is best for the Nation.
Surely that is as undesirable as a legislative
branch which — as the Senator appears to
fear — might have its integrity compromised
by the lash of partisan political bosses.

One need not plead for slavish organiza-
tional regularity, but yet be aware of a po-
litical requirement for organized iinlty of
purpose and some sense of unity in program.

Senator Dodd asks for the abolition of
party platforms except tax a general state-
ment of goals and attitudes.

The Senator himself has done well that
way, more or less at war with the Connecticut
Democratic organization. Yet, it must be
pointed out that there are also thousands of
voters here who will not suppco^ him on his
personalized, generalised basis.

They do not go for freewheeling candi-
dates but, rather, insist on being represented.
Joining In a platform as instruction to those
who would carry out the public wUl.

Apparently somewhat at odds with the
Senator, we believe that this Is representa-
tive democracy. The people delegate their
vote; they do not abdicate their power.

One may be certain that the people have
sense enough to recognize the force of chang-
ing practical situations and the possibility
of altered occasions. They accept the need
for an element of adaptability in political
platforms without yielding to cynicism. The
people also are able to recognize when a real
doublecross occurs and when their political
faith is made light of. The Senatco' worries
too much about the onset of cynicism.

When Senator Dodd fears that, carried to
an extreme, the dictates of platform or policy
might unduly hobble the individual legis-
lator, we are with him.

But led to the other extreme of what might
be called high-principled irresponsibility, we
could spawn l^lslators standing not much
of anywhere for not much of anything.

(From the Hartford Times, Dec. 0. 1060]

LEITKRS FBOM THK PKOPLX — DODD'S ViEvrs ON
PAKTT PlATTOaitS

TO the EorroB or thx Times:

I would like to reply to a recent Times
editorial which I received while in Exirope.
expressing basic disagreement with my views
on the role of an elected rei^'esentatlve.

My position is this: A U.S. Senator should
not be the controlled tool of a partisan po-
litical platform. He is the representative of
all the people of his State, Democrats, Re-
publicans, and Independents. He must work
for their welfare and for the welfare of the
Nation. He can best do this by studj^lng
each issue carefully and honestly, by seeking
the advice of his constituents and of the ex-
perts, by considering his party platform and
the position of his F>arty leaders, by followli^
committee hearings and Senate debate, and
then by making an Independent decision on
the basis of his own Judgment and con-
science.

The Times disputes this view. You say
that party platforms are binding, that a Sen-
ator should not exercise independent Judg-
ment on each issue, that he should be
controlled by the actions of political con-
ventions. You say that the popular will is
represented by the platform and that Its
"instructions" must be carried out if the
public will Is to be served.

But is the victorious party platform a real
expression of the public call? Do you con-
tend that when the people of Connectlctrt
voted for Senator Kennedy they also ex-
pressed a clear preference for each of the
400 points In the Democratic platform? Must
I vote, for Instance, tot higher subsidies for
wheat and corn when I know this is bad
for Connecticut fanners and consumers, and
when I feel it is bad for the Nation? I think
not.

Party platforms are written once every 4
years by party functionaries who are not
elected by the people for that task. These
platforms are ratified by a voice vote of con-
vention delegates who do not have time even
to read them, let alone understand and de-
liberate upon them.

Not one voter In a hundred reads the plat-
form of either party. On election day the
I>eople vote not for platforms but for men, on
the basis of what they seem to be, what they
have done and what they say they will do.

Therefore, party platforms cannot repre-
sent the precise instructions of the people.
You cannot explain the fact that in 1956 the
people elected a Republican President and
a Democratic Congress, or that many SttU^s
continue to elect and reelect one Senator
from each party, unless you concede that
people vote on the basis of many factors, and
that party platforms rank low on the scale.

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Tou say that I distrust the supremacy of
the popular voice. I reply that I fully trust
the popular voice, but that the popular voice
Is better Interpreted by elected living repre-
sentatives than by dead platforms.

Tou prefer what you call "party respon-
sibility" to the independent Judgment of
unbossed representatives. I reply that the
only true party responsibility Is that which
comes from men of commonly shared prin-
ciples voliintarlly cooperating to carry them
out. K this cooperation Is forced, you have
party dictatorship, not party responsibility.

You say that I would "turn loose" the
legislator from public control to govern on
the basis of his "unlimited Inclinations." I
reply that the legislator Is limited by the
Constitution, by party primaries, and by
general elections. If the people of his party
or of his State disapprove of him they will
replace htm. Any control beyond this, such
as dictation by political conventions. Is un-
constitutional and would undermine the very
basis of our form of government.

Tou Imply that my political eflUiatlon Is
now uncertain. I reply that I am a Demo-
crat today and will be tomorrow for the
same reasons that have guided me for 30
yi ars. I will support most of the programs
In the Democratic platform, as I have sup-
ported them In the past, not because I have
to but because I want to, not because of
dictation but because of conviction.

Tou say "the people delegate their vote;
they do not abdicate their power." I agree.
It Is not the source of power, but Its exer-
cise that Is at Issue. Tou recommend that
the President and Congress abdicate their
exercise of the people's power by surrender-
ing their Judgment on basic Issues to party
platforms and political conventions. I rec-
ommend adherence to our Constitution
which Invests the exercise of power in lawfvil
elected representatives of the people.

Tou hedge, in the end, by saying that the
dictates of platforms or party policy should
not be "carried to an extreme" and that you
are not for "slavish, organizational regu-
larity." I reply that this luidermlnes your
previous contention that platforms are bind-
ing, which I thought was the basis of our
disagreement. Tou cannot have it both ways.
A platform Is binding or It is not. If you
admit that a platform Is not binding and
that a Senator may accept or reject the
various parts of It, then we agree after all,
and I am puzzled by your editorial criticism.

Tou iny that I am a "loner" and that thou-
sands of voters will not support me. I reply
that this Is for the people to decide. I con-
tinue to hope and believe that the people
of Connecticut prefer elected representatives
who try to rUe above narrow partisanship
and who make their decisions on the basis
of Independent Judgment and personal con-
science rather than blind obedience to party
control.

Senator Dodd has amplified his views in
an Interesting manner. As our editorial
fully explained, we believe In the party sys-
tem and that the people are entitled to state-
ments of party programs, called platforms,
and to predictability concerning the candi-
dates who \ise party as an adjunct of their
campaigns.

We do not think that legislative free-
wheeling is necessarily lofty. It can be an
excuse for Irresponsibility, or an excuse for
personal caprice.

We hold that the process of party plat-
form drafting should be Improved; we even
said so Just before. Instead of Just after, the
election.

As we recall the Democratic Convention In
Los Angeles, Senator Dodo did not disdain
the importance of platforms then as much as
he seems to now. He created quite a stir
from the floor. Insisting on the Inclusion of
a matter In the platform In which he had —
we believe rightly — a personal and principled
Interest . — Bdltor .

[From the i7«w Haven Baglstw, Nov. 23,

10«0)

PA*TT PXJkTOBM PxTRai PsoposaL

If political party platforms are to remain
as they are — a phony array of something-
for-everyone phrases — then, we say, Connec-
ticut's Senator Tom Dodd is right.

And, we say, away with them.

But, do party platforms need to be cynical,
meaningless, something to lure the unwary
voter and then teased into a post-e' action
discard?

Need they be abolished?

Wo think not.

Wo agree with the militant Senate Dodd
when he sa3r8 they have no status under the
Constitution.

We go along with him when he says that,
for so long as those who draft them do not
intend them to be taken seriously, platforms
compromise the integrity of our political
system.

But we do not agree that, of necessity, a
party platform can undermine our repre-
sentative form of government.

Give a political platform sincerity, mean-
ing, and reality and it should be a construc-
tive, not destructive, thing.

Senator Dodd would substitute for the
party platform a sort of personalized plat-
form. He would have, for example, a presi-
dential candidate platform, a senatorial can-
didate platform, a representative's platform,
and so on, right down the line. But this,
too, could emerge as a mlsh-mash — one be-
yond understanding and leaving the voter
puzzled beyond repair.

In our opinion there was too much em-
phasis on charm. p>ersonality, and the indi-
vidual in the past election.

There was, we feel, too vast an area of
voter opinion that the parties, and that goes
for both, did not really stand for anything
that was definite — and worthy.

Wltliout platforms — and genuine ones — we
fear they never will have a measurable piur-
pose of their own.

We agree that party platforms, as con-
cocted through sucb prenomlnation maneu-
vering as the Nlxon-Rockefeller get-together
or the even more fiagrant bargaining that
the Democrats conducted with a variety of
pressxire groups, are catchalls for special
Interest manipulation. But we feel that the
favQt Is vdth the platform-making procedure
In such cases — not with the platform itself.

Senator Dodd may be wholly realistic when
he claims that no candidate can be expected
to live up to platform pledges under today's
conditions. But luiless the parties are will-
ing to accept some coherent and comprehen-
sive statement of piirpoee the voter Is re-
duced, still further, to picking men on the
basis of their good looks, their effective de-
livery on TV, or by some other superficial
gage.

There's still a place for the political plat-
form in every party, and in every election.
The problem is to get the voters, as well as
the candidates, to study such platforms.

(From the Washington Star, Nov. 24. 1960]
Wht Not Scsap Thxm?

Resolutions for better conduct are often
made in the cold, gray dawn of the morning
after the night before. Something of the
same .sentiment may be detected in the spate
of suggested electoral reforms that follows
the end of a political campaign. Some of the
suggestions have merit. It is too bad that,
4 years hence, most of them will have been
forgotten.

Senator Dodd of Connecticut has addressed
himself very ably to one of the most exag-
gerated forms of political hokum — the con-
vention platforms. He thinks they should
be abolished, in favor of a general statement
of party goals and attitudes. Television may
help to achieve that desirable end. It Is In-
conceivable that the American electorate will

continue indefinitely to submit itself to
watching and attempting to swallow the
concentrate of hyperbole In party platforms.

Senator Dodo's main point, however, is
that "The worst betrayal o* trust that any
President or Congress could commit would
be to accept whole hog the convention plat-
form at a victorious party and to subordinate
the 4-year deliberative process of the Presi-
dent and Congress to the 4-day drafting
process of nonelected members of a party
platform conunlttee."

There Is not much Ukslihood that such be-
trayal of trust will occur, or that it will be
attempted. The greater danger, in our opin-
ion, lies In the effort by candidates to create
the impression during a campaign that a
platform coi;imlts them to its promises. This
is a form of deception rationalised by politi-
cal folklore as being Justified because it is
supposed to help win an election. It Is a de-
ception, nevertheless, which breeds cynicism
and dlstnist. Senator Dooo is to be com-
mended for saying that he is not committed
to any part of the Democratic platform mere-
ly because the convention adopted It. We
hope he wins converts among his colleagues
to his theory that a convention platfonn
commits no elected ofllclal, for it would be
wrong and bad for the country if elected offi-
cials relied on platform planks rather than
their own sense of responslbUlty to deter-
mine their course of action.

(From the West Hartford News, Nor. 34.

1960)

Skkatok Dodd on Pabtt Plattokms

There is a good deal of common sense be-
hind what West Hartford's Senator Thomas
Dodd has to say this week about the national
party platforms. He thinks we could skip
them, substituting a platform written by the
candidates themselves— a sort of personal
avowal of purpose.

When life, and politics, was simpler; when
party identification was clearer: when com-
munication was slower — then the platform
had more relevance and meaning. But grad-
ually, as Senator Dodd says, the platfonn
became an exercise in semantics by elements
in the party whoee talents ran to historical
documents. Between the piety of the plat-
forms and the performance of the party in
power is a gap so great you could drive a
third party through it.

The undercurrent of the Senator's remarks
Is the Intraparty cleavage which so vastly
separates men like Mr. Dodd and Mr. Bowles,
men like Senator Douglas and Senator John-
son. But while there may be a personal
political basis for Mr. Dodd's stern notice
that he doesn't feel bound by the liberal
Democratic platform, he is merely being
frank about what the past says the future
of the Congress will be. Nobody pays any
attention to the platform. Never will that
be more true than in the next session.

By the time a man has emerged sufficiently
on the scene to be considered seriously for
the nomination for the Presidency, he 'has
long since built a platform upon revelaUons
and deeds. The fact is, however, that if
these were to be codified and published as bis
campaign alms, he never could be nomi-
nated. There is such a liberal -conservative
split in both parties that the only way a
man can get the nomination Is to straddle.
Some more than others, but straddle, they
all do.

Upon nomination, however, it should be
possible for a candidate to develop his par-
ticular catechism. It could contain the irre-
ducible minimum of his legislative hopes and
a maxlmimi of the operating principles
which will guide him.

The platform which commits the whole
party to a course of action kids nobody. At
heart politicians are mavericks. But the
candidates' statements of principles would be
an effective replacement for the outmoded
platform technique.

(Fttnn the Philadelphia Kvening Bulletin,

Nov. 25, 1960]
PABTT PLATTOaM PLEDGES — SXNATOK DODD

WoiTLO ABOX.ISH Them
( By Jay Q. Hayden )

Washington. — By vowing that he will. In
his Senate voting, pay no attention to the
Democratic national platform, Senatcn*
Thomas J. Dodo, of Connecticut, supplied a
clear note of reality concerning the ap-
proaching session of Congress.

Said Senator Dodd:

"The concept that a convention platform
is binding upon elected representatives in
the Congress is absolutely Inimical to our
system of government. Theirs, and theirs
alone, is the final responsibility for legisla-
tion."

Declaring that party platforms ought to
be abolished "except for the general state-
ment of goals and attitudes," Senator Dodd
continued :

"The worst betrayal of trust that any Presi-
dent or Congress could commit would be to
accept whole hog the convention platform of
a victorious party and to subordinate the 4-
year deliberative process of the President and
the Congress to the 4-day drafting process of
nonelected members of a party platform
committee."

Those declarations not only reflect unal-
loyed cxjinmonaense, but accord with all past
American history. Hardly anybody can re-
member an instance when a party declara-
tion. In national convention, has materially
guided any outcome, national or interna-
Uonal.

Rather, shaping of policies actually has
rested almost completely between occupants
of the White House and the Congresses of
their times.

Most recent demonstration of this truth In
the U.S. was in the Congress of the last 2
years where a self-named Democratic com-
mittee on party policy, led by Paul M. Butler,
the national chairman, won scarcely a smell
of support among the huge Democratic con-
gressional majority.

And even more signlflcant was the lead
up to repeal of national prohibition In the
presidential campaign of 1932.

That year, platforms of both the Demo-
cratic and Republican Parties, as drafted
originally, declared foursquare for continu-
ance in force of the 18th amendment to the
n.S. Constitution, which for 13 years had
prohibited manvtfacture, sale or transporta-
tion of intoxicating liquors within, the im-
portation thereof into, or the exportation
thereof from the United States.

■XPSAX. VORS

At nomination time in 1932. President
Hoover led for his party in sustaining that
provision, and so did Ftanklin D. Roosevelt,
the Democratic presidential nominee, whose
main opponent hai been Alfred E. Smith,
overwhelmingly defeated at the polls 4 years
earlier largely because of his wet stand.

The Democratic Convention in 1982, how-
ever, spurned Mr. Roosevelt's advice by vot-
ing for outright repeal. And the lameduck
Congress, elected in 1030, voted to repeal the
18th amendment, 63 to 23 in the Senate,
February 16, and 289 to 121 in the House,
February 20. 1933.

By the time Roosevelt took office March 4,
there was nothing left for him to do In that
matter, and on December 5. 1933, the repealer
became effective by ratification of l^sla-
ttires in 36 of the 48 States.

BCOars DICTATION

Listen further to SenattM* Dooo :

"A presidential candidate," he said, "ought
to announce his own platform, describing
his general approach, as of the moment, to
basic issues. I thick each candidate for Con-
grsss or the Senate ought to do the same.
But any attempt of a party convention to
^ dictate to a President or a Congress concern-

ing constitutional responsibilities cannot be
countenanced . "

A case in point Jtist now has been pro-
vided in Oreat Britain.

Following a devastating defeat at the polls,
a national conference of the Labor Party
adopted narrowly a demand that Oreat Brit-
ain go it alone in national defense, especially
excluding basing of U.S. atomic weapons on
British sou.

This move not only was in defiance of the
pcu^ leader. Hugh Oaitskell, b\it subse-
quently the minority of popularly elected
Laborltes sitting In the British Parliament
voted 166 to 81 to retain Oaitskell as party
leader.

Oaitskell had said before that vote that
the test was not himself as a personality but
the policies be stood for.

[From the Bridgeport Poet, Nov. 25. 1960]
What Prick Platforms?

A dim view of modern-day party iilatforms
Is taken by Senator Dooo. of Connecticut.
His concern Is based on the Increasing tend-
ency to take them seriously, considering the
haphazard manner in which they arc drafted.

There is much to be said for the Senator's
point of view in this matter. As he .says, the
day has ended when pcu-ty platforms were
"ambiguous and friendly documents which
tried to please everyone, excited little inter-
est in the land, and passed from the scene
quietly and unmotimed after each conven-
tion."

During the last convention, much weight
was placed on the platforms which flgujred,
particularly in the case of the Republicans,
In the eventual choice of a candidate. Vice
President Nixon had to deal with rivals In
connection with platform stands.

Senator Dodo understandably is dJstxirbed
by the fact that nonelected memtxTs of a
party platform committee come up with a
program foisted on a President. It is en-
tirely possible that under the strtiss and
strain of trying to gain the nomin;itlon, a
President-to-be commits himself to policies
which he does not actually believe in. To go
back on them later is a betrayal of trust to
the party: to stick with them betrays the
voter.

In all honesty, what possibility is there
that a candidate actually agrees entirely
with the detailed, sweeping views of the
party platform? Not much. Senator Dodd
believes a candidate ought to annoimce his
own platform and basic ai^roach to issues.

[From the Chicago Tribune. Nov. 27, 1960]
Sawdttst Platforms

Senator Thomas J. Dodd of Coniiecticut.
has provided his party's President-elixrt with
a convenient excuse for disregarding most of
the spread-eagle pledges of the Democratic
platform. Senator Dodd spoke in seeming
candor Ur the New England society in New
Tork when he said that platforms were only
dangerous when people begin to ta:ce them
seriously as a binding set of promisee to be
redeemed.

"The worst betrayal of trust tliat any
President or Congress could eotnmit," said
the Democratic Senator, "would be to accept
whole bog the convention platform of a vic-
torious party and to subordinate the 4-
year deliberative process of the President and
the Congress to the 4-day drafting process
of nonelected members of a party ])latform
committee."

For, said Senator Dodd, while the members
of the platform committee sit out In front
listening to pleas about what should be put
in the platfonn, a small group of experts In
the back room, consisting mainly of staff
members who are not even convention dele-
gates, is actually writing the platform. The
platform committee, half asleep, adopts this
document without serlotu deliberation, and
It Is whooped through the convention with-
out being read.

"I would never entertain the suggestion,"
said Senator Dodd, "that I or any other Sen-
ator was obligated to supp^nrt any section of
it merely because it was adopted by our party
convention. The concept that a convention
platform Is binding upon elected representa-
tives In the Congress Is absolutely inimical
to our system of government. Theirs, and
theirs alone, is the final responsibility for
legislating.

"I believe that party platforms, except
for a general statement of goals and atti-
tudes, ought to be done away with. They
are anomalies that have no legitimate status
under our Constitution. So long as they are
not taken seriously, they are a source of cyn-
icism about the Integrity of our political
process. And so soon as they are taken
seriously, they will start to undermine our
republican form of government."

Thus, said the Senator, the talk of a man-
date to carry out some specific, far-reaching
program of action is nonsense. If, as de-
fined, a mandate is an authoritative com-
mand, it implies that the discretion of the
elected representatives has been superseded
by the will of the people, supposedly regis-
tered In the election. It presupposes that the
candidates of a party are uniformly bound
to a set of proposals outlined in a party plat-
form, that the party platforms offer a dis-
tinct choice to the people, that the people
carefvilly study the opposed platforms, and
that on election day they vote for the plat-
form rather than for the man.

This analysis is, to a degree, true, except
that the platform of Mr. Dodo's party was
carefully contrived as vote bait, containing
promises of all sorts and of a sweeping order
to every possible group of voters who could
be giilled by the vision of pie in the sky.

But the platform as It emerged from Los
Angeles is also a severe handicap to Senator
John F. Kennedy. It is the most radical
ever offered by any major party. Of its
nature, much of the platform can never be
delivered, not only because of the divisions
within the Democratic Party, but because
conservatives of both parties In Congress
cannot be Induced to honor pledges which
would invite inflation and national in-
solvency.

Mr. Kennedy's muddy mandate is another
factor. He is headed for the White House on
a mere handful of votes. Half of the peo-
ple want neither him nor what he offers.
Senator Dc»d has presented an escape hatch
from the embarrassment of trying to make
good. If Mr. Kennedy Is a priident man, he
will avail himself of the opportunity to start
backpedaling from the New Frontier.

[From the Bridgeport Poet, Nov. 27. 1960]

Wasshtotoh Closztif

(By Carey Cronan)

Senator Thomas J. Dodd. who called re-
cently for the resignation or fcH-ced ouster
of the UJ3. attorney and U.S. marshal and
the collector of the port of Bridgeport, looks
forward to a sort of p<dltlcal honeirmoon in
the early weeks of the coming congressional
session.

Senator Dooo believes that Democrats from
both sides of the Mason-Dixon line will
work together to enact the Kennedy legisla-
tive program and he scoffs at any effective
alliance between Republicans and southern
conservatives already predicted by Repre-
sentative CBASLE8 A. HAiJ.iicat. OOP House
leader.

With a Democrat In the White House, the
Etenator feels that the threat at the veto
will be gone and he believes that one at the
first major bills will provide for medical care
for the aged tied In with the social security
system. He looks forward to what he calls
"good legislation" dealing with defense, aid
to education, tax revision and also a new
minimum wage law in line with the cam-
paign waged by Presldsnt-«l«ct John F.
Kennedy.

?¥

t

212

CONGRESSIONAL RECORD — SENATE

January 5

1 -

II

iti

Hie Senator forecasts a parallel with the
early days of the Roosevelt New Deal when
the famed "hundred days" changed the legis-
lative face of the Nation and turned the
Oovemment to many Democratic reforms.

TLATFOUCS HOT COMMITMINTS

A few nights ago In New York, addressing
the New England Society at the Plaza Hotel,
Senator Dodd declared that the platforms
adopted by political conventions should not
be binding upon successful candidates.

He pointed out in speaking of platforms
that "they have no legitimate status under
o\ir Ckmstitutlon. So long as they are not
taken seriously they are a source of cynicism
about the intespity of our political system
and as soon as they are taken seriously they
will start to iinpermine our representative
k form of govomment. A presidential candi-

date ought to annowice his own platform.
di scribing his general approcu:h, as of the
;■ moment, to basic issues. I think each candl-

date for Congress or the Senate ought to do
the same. But any attempt by a party con-
vention to dictate to a President or to Con-
gress concerning constitutional responsibili-
ties cannot be countenanced."

BOTH OROTTPS KamXO

The Senator said that "Conservatives have
traditionally erred wlun they have resisted
attempts to make the system truly represent-
ative. Liberals have erred when they have.
In the name of the people, sought to Impair
the independence of elected representatives.
The conservatives were wrong when they re-
sisted such measures as the extension of the
voting franchise, the direct election of Sena-
tors, and the State primary system, meas-
xires intended to make our system truly rep-
resentative by abolishing the frauds and
manipulations which resulted in minority
rule."

Senator Dodo added that "the liberals
were wrong when they promoted such
schemes as the initiative, the referendum
and the recall, which substituted plebiscites
for the action of legislatures and which
sought to intimidate elected officials with
the threat of dismissal for opposing -the
popular sentiment at any given moment.
And I think the liberal innovators are wrong
today when they try to whittle away the
deliberative process, when they attack the
conunittee system of the Congress, when
they condemn its rules as antiquated, when
they talk speciously of mandates, when they
propose binding party platforms, and bind-
ing party caucuses that are to take primacy
over the independent Judgement of the
elected official."

PnSONAUTT WINS

Discussing campaigns, the Senator main-
tained that "a politician instinctively knows
that it is the public estimate of his personal
qualities rather than his political dogma
that will win or lose the election ... He
will never really know the answers. All he
can know for certain is that he has been
lawfully chosen by the people to act as their
representative for 6 years and at the end of
those 6 years he will have to submit himself
to them once more. How foolish then, how
pompoiis, for him to alight In Washington 2
months later, claiming that he has a man-
date to carry out this or that program. As
he casts 'undreds of votes, his philosophy
becomes clearer to those few who care to
study It. The man who is always in the
midst of heated controversy may leave an
Impression of either courage or rashness but
he is unlikely to leave a clear understanding
of his total philosophy."

ooNroEMrrr not paucABT

*^ pitching is 76 percent of a baseball
game, as Connie Mack once said, party con-
formity is only as percent of the political
game." declared the Senator, "political affili-
ation gives him a certain insight, a certain
approach to the hundreds of issues of the

time but it does not give him the concrete
practiced answers. Those he must seek out
for himself based on individual examination.
Party Ideology and private self-interest hold
no magic answers. Therefore, in conscience,
in theory and in practical fact, the elected
representative can assume his duties free
from any commitments except those which
he has freely made himself. The people
have the right to hire and fire but they do
not have the right to give on-the-job di-
rection. They should let their man know
what they think and why, but they should
not try to intimidate him and he should
not submit to Intimidation. This is the es-
sence of the representative sjrstem. I think
the American people prefer It this way. It
is only the extremists, the vested interests,
the doctrinaires the organizers of ))locs who
would undermine representative government
and make their elected r .'presentatives so
many rubber stamps "

Speaking of party platforms, the Senator
said. "The worst betrayal of trust that any
President or Congress could ccxnmit would
be to accept whole hog the convention plat-
farm of a victorious party and to subordinate
the 4-year deliberative process of the
Preslctent and the Congress to the 4-day
drafting process of nonelected members of
a party platform committee."

[From the Evening Record and Courier-
Tribune. Nov. 28. 1990)

Plattobm No STHArrjACKsr

"The worst betrayal oS tixist that any
President or Congress could commit would
be to accept whole hog the convention plat-
form of a victorious party and to subordi-
nate the 4-year deliberative process of the
President and the Congress to the 4-day
drafting process of nonelected members of
a party platform committee."

Many elected officials may believe this, but
few would say It so outspokenly, as did Sena-
tor Thomas J. Dodd, Connecticut Democrat,
at a dinner meeting of the New England
society in New York recently.

Dodd would abolish party platforms except
for a statement of goals and attitudes. He
would have the presidential candidate an-
nounce his own platform, describing his gen-
eral approach to basic issues; and each
candidate for Congress or the Senate do the
same. He would not countenance any at-
tempt of a party convention to dictate to a
President or a Congress concerning their
Constitutional reeponsibllltles.

Of ooxirse, Dooo is right. Under our sys-
tem, we elect a President and a Congress to
govern, not a party. Ours is not the
pctfliamentary system of Europe, where the
elected members of parliament choose their
party leader to head up both the legislative
and executive branches In the person of the
Premier, the Prime Minister or the Chan-
cellor. Parties were not even thought of
when oiur Constitution was adopted, and
they are not mentioned once in that basic
document.

The elect<»-ate pick a man to make legis-
lative decisions on the basis of his character
and his specialized knowledge, Just as you
pick a lawyer or a doctor to make your legal
or medical decisions on the same basis,
Dodd maintains. You aim at a general re-
sult, tf the result is good, you keep him on;
if it Is bad, you will drop him.

In these days of instantaneoxis oonununl-
catlon, the man has become as Dodd says,
the main consideration, not the party plat-
form. It should make for Independent
thinking and personal responsibility in g(OV-
emment, which Is all to the good.

(From the Pittsburgh Courier, Dec. 10, 1960]

THX ORCAT PUiTFOSM Fkaud

We are all Indebted to Senator Dodd, of
Connecticut, for reminding us in a speech
in New Y(»-k last week that national party

platforms are quite meaningless so f ar ss any
binding commitments on sleeted officials ar*
concerned.

These platforms, hs Insisted, ars a sham
and a fraud callously designed to "sell"
candidates to the electorate. Said he:

"The worst betrayal of trust that any
President or Congress could commit would be
to accept whole hog the convention platform
of the victorlovu party, and to subordinate
the 4-year deliberative process of the Presl-
dent and Congress to the 4-day drafting
process of nonelected members of a par^
platform committee."

We have frequently pointed out that plat-
form promises about civil rights, fair play,
nondiscrimination, voting equality, and all
the rest of it. have no practical value and
arc, in truth, worthless save for propaganda
purposes; and the bickering over which plat-
form Is the best reveals depressing naivete.

And jiet, xre presxune, when the mevitable
disillusionment sets In, those Interests who
appeared before the platform committees
and pleaded for sundry strong planks to be
included will be demanding that these empty
promisee be carried out.

1961

CONGRESSIONAL RECORD — SENATE

213

DEPRESSED AREAS

Mr. COOPER. Mr. President. I Joined
in cosponsoring a depressed areas bill
introduced by the dlstingiii&hed senior
Senator from Illinois [Mr. Douglas].
This is consistent with the position that
I have taken for several years, ever since
1954, when there was a moderate reces-
sion. I then urged assistance for de-
pressed areas. In 1957 or 1958 I Joined
in a bill which was introduced at that
time in support of such legislation. In
1959 the senior Senator from Illinois
[Mr. Douglas] asked me to be one of
five chief cosponsors of the depressed
areas bill, which I supported, and I sup-
ported it with all my strength and heart,
to the extent of voting to override the
President's veto.

Recently the senior Senator from Illi-
nois was kind enough to ask me. as he
said, to be the principal Republican co-
sponsor of the bill. I am glad to be such
cosponsor. I know that other bills will
be introduced. I have had the oppor-
timity to study those bills, including a
bill which was introduced on behalf of
the administration known as the Scott
biU. I studied the three bills. Prom
my own knowledge of the situation in
the depressed areas in my own State,
which I am sure reflects conditions in
other States. I believe this bill is most
adequate and will be most effective. I
will speak upon it later. I am happy to
Join in this introduction. I hope it will
soon come before the Senate, that it will
be passed by both the Senate and the
House, and become law.

Mr. RUSSELL. My President. I sug-
gest the absence of a quonun.

The PRESIDING OFFICER. The
clerk will call the roll.

The legislative clerk proceeded to call
the roll.

Mr. DIRKSEN. Mr. President. I ask
unanimous consent that the order for
the quonmi call be rescinded.

The PRESIDING OFFICER. Without
objection, it is so ordered.

EXPORT PRICE COMPETITION

Mr. JAVITS. Mr. President, it U high-
ly deslraUe to have a truly flexible trade

policy which will not be linked to impos-
sibly high trade barriers that could lock
out the exports of nations which current-
ly import increasing amounts of U.S.
goods. The strength of our export posi-
tion is frequently misunderstood because
of confusion with other factors aflfecting
our international balance of payments.
The New York trade publication Pur-
chasing Week seeks to set the export pic-
ture straight in an analysis published in
its issue of October 31, which jxjints out
that the greatest threat to our foreign
markets c<xnes from productivity gains
by foreign producers and not, as com-
monly supjKtsed. from wages paid Amer-
ican workers; and from failure to meet
competitive credit terms.

I ask unanimous consent that this
study, entitled "Export Pace Shows U.S.
Prices Aren't Proliibitive." be printed in

theRBCOKD.

There being no objection, the study was
ordered to be printed in the Record, as
follows :

ExpoKT Pack Shows VS. Paten AsknT
PaoKiBrnvc

Nsw YcHua. — A new look at United States
versus foreign costs, prices and exports de-
b<mks the common belief that we are pricmg
ourselves out of world markets. Recent
trends add up to this brighter picture:

exports: U.6. shipments overseas have in-
creased faster thaa imports over the past
year.

Wages: U.S. wages have had a lower per-
centage increase than most other indus-
trial countries over the past decade.

Prices: XJB. prices have risen higher than
those of other mdustrial nations. But that's
because foreign productivity shot up faster
than oun did in the postwar years, starting
as it did from a smaUer base. However, it
now shows signs of abating.

XXrOBT PATTXaM

The current UJB. export picture is perhaps
the most direct proof that American pro-
ducers are not losing out to foreign competi-
tion.

So far this year, for example, overseas ship-
ments are nmning a whopping 22 percent
ahead of 1060. Imports, on the other hand,
show only a fractional 1 percent rise.

On the Import side, the fact that pxir-
chases have not risen is further proof that
U.S. producers are holding their own in the
worldwide competitive battle.

Even m the relatively poor export years
of 1958 and 1050. there was little to indicate
serious decline In our competitive position.
True, exports declined in these 2 years from
previous peaks, but there were good reasons
for thU.

The record of previous years (1966 and
1957) was distorted by transient political
factors. Thus, abnormally high cotton ship-
ments in these earlier years were almost en-
tirely due to an administrative decision to
revise export prices.

WKKAT AKO SUXZ

Also, the tremendous amount of wheat
shipped out in these earlier years reflected
American decision to help alleviate famine
among millions of Asians. And, finally, the
Suez crisis helped swell VS. shipments of
petroleiun to oil-starved Europe.

A look at the composition of export over
the past few years should be the clincher
for skeptics who still believe that our foreign
markets are criimbling.

If this belief were true, we should expect
to see sharp decimes in finished goods rela-
tive to other exports. This is because fin-
ished goods are highly competitive, and many
other countries are ready and wUUng to take
over American markets.

What actually happened? In 1968, fin-
ished goods accounted for 61.6 percent of
exp<x'ts. That was substantially highisr than
in the boom export years of 1956 acd 1967
when 68.3 percent and 67.2 percent of oxur
exports were in this high competitive cate-
gory.

FABRICATKD GOODS OP

For many fabricated lines, there h:is been
a steady upward trend In exports over all
these years. This Includes such Important
imee as machine tools, raUroad equipment,
radio and TV sets, and office equipment.

The machine tool export boom Is especially
important. This year, export orders iiave ac-
counted for 28 percent of all domestic indus-
try activity in cutting-type tools. ^Vlthout
this foreign fillip, tool makers would really
be hurting.

Trends in labor cost — United States vers\w
foreign — also are basically optimistic Thus,
U.S. wages have gone up less than in any
other industrial country. Our workers get
28 percent more than they did In 1963, while
French labor gets 74 percent more, German
and Dutch 58 percent more. Italy comes
closest to the United States with a 29- percent
wage increase since 1953.

On the other hand, our export prli^s have
risen more than those of any other compet-
ing cotmtry, except the United Kingdom.
American goods are being sold at 7 percent
above 1953 prices, whUe Italian products are
averaging 13 percent lower, and Japanese
and French goods 6 percent lower than in
1953.

These two facts (relatively low V.8. wage
costs boosts and relatively high U.S. price
boosts) are not so contradictory as they
might seem.

It all can be explained by productivity.
The widespread switchover from antiquated
to modem equipment by oversea producers
in recent ye«u-s has allowed them to grant
bigger wage boosts and still come up with
a decline in imlt labor costs — a major deter-
minant of price.

FKODTTcnvrrr risks slowlt

The relatively slow rate of productivity
here, on the other hand, has not bee:a enough
to offset even relatively mincnr wag« boosts.
Result: Unit labor costs, and henoe. prices
rose here.

These tremendous overseas productivity
gains, however, can't continue indefinitely.
They're baslcaUy a reflection of transition
from antiqiiated and war-torn facilities to
modern ones.

This represented a big step ahead — ^but any
future productivity gains will l>e much
smaller, from here on m, because they will
start from an advanced technological base.

Conclusion: It wiU be more dilllcult for
any future relative {nice advantage for for-
eigners to come from productivity.

Also any futiu-e gains foreign lal>or makes
relative to the United States will tend to
raise overseas prices relative to our own.

All these plus factors, as reassuring as they
may seem, still leave little cause for com-
placency. For. even though we haven't lost
out to competition on a wage-pnxluctivlty
basis, we might stiU succumb to other com-
petitive factors. Some of these are:

Relatively flexible coet structure: Many
foreign firms can raise or lower prices as mar-
ket conditions require. whUe U.S. firms are
often saddled with rigid overhead cost struc-
tures and insistence on high return on
capital.

Depreciation allowances: Foreign firms are
frequently benefited by more Uberal depre-
ciation laws than we have.

Taxes: It is generally agreed tliat Amer-
ican firms carry a heavier tax burden than
is imposed by any other important competi-
tor country.

But these disadvantages would be less
serious if we improved some of our overseas
marketing methods, econ<»nlsts say.

For example, we do very little research into
the needs of foreigners. A Cadillac may sell
very well on Park Avenue, but it can be. and
usually is, a dud in the Jungles of Africa and
IndU.

The point Is that most overseas buyers will
turn to the product that best satisfies their
particular demands. Prills and extras are
unimportant and often impede sales of do-
mestic merchandise.

Credit is another marketing factor to con-
sider. Too often, American suppliers de-
mand cash in advance, while their foreign
counterparts, backed by government funds,
are able to offer liberal credit ternxs.

Fortunately, Washington has recently
shown signs of changing Its thinking in this
respect — and indications are that it, too.
will be wUllng to emulate foreign govem-
nMnts by offering currency devaluation m-
Burance and by extensions of the Export-Im-
port Bank credit guarantees.

THE ADVANCEMENT OF
CIVIL RIGHTS

Mr. JAVITS. Mr. President, the im-
portance of civil rights as our No. 1
domestic issue is matched in increasing
measure by its international implications
in our role as leader of the free world.
Peace requires populations which are
educated to believe in the priceless
heritage of freedom, and there can be no
genuine freedom where racial segrega-
tion or discrimination continues to exist.
However it may be tolerated as a social
disorder, it is alien to a free society.
Thus, we can give content to our struggle
for freedom in the world in large meas-
ure by carrying on at least with equal
vigor the struggle against racial segre-
gation or discrimination at home.

It is to this problem that the Reverend
Robert F. Drinan. S.J., addressed him-
self in a sermon at the mass for the ad-
vancement of civil rights in the United
States, sponsored by the St. Thomas
More Society at St. Francis Xavier
Church in New York City. Saturday,
November 5. As dean of the Boston Col-
lege Law School, he places great em-
phasis on the role of law in the fight
against racial or religious prejudice, but
he emphasizes with equal force the ixn-
portance of sovmd public opinion and a
deep religious faith along with effective
laws necessary to achieve success in
eliminating discrimination.

I ask unanimous consent that the ser-
mon preached by Father Drinan be
printed at this point in the Record.

There being no objection, the sermon
was ordered to be printed in the R«cord.
as follows:

HuBCAN Rights in the Sirnxs
(Sermon delivered by Rev. Robert F. IMnan.
SJ.. dean of the Boston College Law
School, at the mass for the advancement
of civil rights in the United States spon-
sored by the St. Thomas More Society at
St. PrancU Xavier Church, Saturday, No-
vember 6, 1960)

The ancient Athenian Jurist Solon was
once asked how justice could beet be se-
cvired. Solon repUed that justice is assured
"If those who are not injured feel as In-
dignant as those who are."

A deep sense of indignation at rights de-
nied to American citizens has brought this
distinguished and devoted group h«« this
morning. The attendance at this religious
service of Catholics and non-Catholics is si-
lent testimony that every leader working in
the field of human and dvU rights knows

m

214

CONGRESSIONAL RECORD — SEN AUB

Jarmary 5

1961

CONGRESSIONAL RECORD — SEN ATE

215

ill

it!

m

1

\i

thjtt tK»« dliBcult problem Is not basically
legal or even moral but ratber fundamentally
spiritual and religious.

We have gathered to pray together tor the
fulfillment of human liberty. Aa the archi-
tects of the moral universe of tomorrow you
give witness bere to your conviction that the
law, public opinion and religious faith are
the three forces which win shape the society
which our children will inherit.

TBSsiznBi: a DseaDX ov caans
The entln face of America will chsmge
during the decade to come. In 1970 the
population of this Nation will be at least 200
million. If present trends continue one-half
of this number — 100 million people — ^wlll
have no chxirch affiliation. The three reli-
gions— Protestant, Catholic and Jew — will
all be minorities in confrontation with more
than half a nation dispossessed of formal re-
ligious practices and association.

It is important to note this fact stnee the
Nation's religious outlook will Inevitably in-
fluence its attitude to those among us who
happen to be of African descent. This group,
which will number about 25 million in 1970,
win be profoundly aftected by the attitude of
the religious and the nonrellglous. Is It not,
however, one of the most amazing paradoxes
that today the iMMl'^g voices and most
powerful farces worUng for total liberty for
all Negroes seem to arise more from secular
and hinnanlstlc origins than from strictly
rdlglous? It Is weJl to recall this since every
possible source of support will be needed
during the sixties to carry out the spirit and
letter of the second emancipation proclama-
tloa delivered by the U.S. Supreme Court on
Uay 17. 1964.

One can feel that those devoted citizens
who work for minority rlghtB and employ
only the argument of himian dignity do in-
deed feel that tnu dignity has a divine origin
yet the nature and source at this dignity
must be continuously reexplored and r^ur-
blshed.

What then can we hope for in the sixties?
Could the massive resistance collapse so that
we could behold a new America unscarred by
racial hostility or religious prejudice? Will
the sixties forever bar the necessity of bayo-
nets In Little Bocl: or sit-in demonstrations
In the South?

We mxist be persuaded that total Integra-
tion, the total disappearance of all segrega-
tion and dlserlminatlon is possible if we
carry out a three-way program: (1) A con-
tinuous appeal to our State and Federal law-
makers for more and better antidiscrimina-
tion legislation, (3) an ever more Intense
campaign to Inform society and influence
public opinion about the Inherent equality of
all men, and (3) a crusade of prayer to the
Father of humanity begging Him to en-
lighten the minds and inspire the bearts of
His children with a love for every man as an
Image of his Creator.

No (me of these items taken alone wUI suc-
ceed In eliminating discrimination fixHn our
midst. All three are required — effective laws,
sound public opinion and a deep religious
faith. Let us explore each of these three
ways to promote human •olidarlty — the legal,
the moral and the religious program required
to insure to every member of every minority
group that place in the sun in American
democracy to which he is entitled.

ICOAL TROMTtmS TO CONQTTZS

Kver since the Supreme Court In 1954 gave
us the mftgri^ carta of human equality in
America Innumerable persons have been
working to extend the beachheads of the
liberties guaranteed to every citizen. The
Federal courts have continued to destroy
the Jim Crow pattern In 17 of our States.
Decisional law is being regularly extended to
ban any public or semipubllc acts which are
discriminatory because of race or religion.
Bxcliision of r1t*y*"ip from employment,
hf>My<7>g or education because of their race

Is now dearly forbidden to public ofltcials
and. in some States, to private tndlvldnala.

But every honest observer mxiat confess
a profound dlssattsfactlon with tbe Inade-
quate state of our law In relation to Its ban
on discrimination. Only a minority at NortSi-
ern States bave laws 1»anniBg dtsortmlnatlatt
in education, employment, and housing and,
in many InsUneee, the enforoement of these
lave is ineSecttve.

Tbe Ut.lslst<irs of Anwrira should eeaCMBt
the foUovlng facts and enact or iaipiemsKk
law* capable of correcting these deplorable
situations:

1. In every northern city Negroes are eeg-
regated in their bousing on a "checkerboard "
pattern. Tills situation can be corrected
only be effective legislation vigorously en-
foived along the lines of the recently en-
acted laws in New York City and the StaU
of Massachusetts.

2. There is abundant evidence that able
Jewish citizens are deprived because of their
religion of positions in business and banking
to which they are entitled.

3. Evidence exists that qualified CathoUc
professors are not as readily hired at city and
State colleges as non-Catholic proXeasors.

4. The right of a woman to receive equal
pay for equal work — a right expressly re-
affirmed by Pope Plus XII — is not generally
guaranteed in American law.

6. The right of a person accused of crime
to be free from prejudicial pre-trial pub-
licity has sometimes been lost because of an
unreasonable devotion to freedom of Uie
press.

There are then many frontiers for the law
to study and conquer. But the status of the
Negro in the sixties will not depend pr\-
marlly on what new antidiscrimination laws
are enacted or how much desegregation Is
ordered by our Federal and State courts.
The status of the Negro — ^hls place to the
sun of American freedom — will depend on
how deeply an Americans believe In the
spiritual principle of human equality.

THx HmozM powza or mobai. coHwaiavu

No law can force men to change their
minds although laws do educate and are
necessary for that purpose. But compliance
with law in any significant sense cannot be
expected until and unless those who are
forced to comply by law also comply by
love. Massive compliance may be aooooa-
panied wltn such nutsslve relvictance tbat
the Negroes who are granted desegregated
facilities may be made to tti even more
humiliated than if they were offered separate
but equal facilities.

The task of the law therefore is but a
smaU (though important) part of the enor-
mous problem of eliminating racial preju-
dice from the heart of every American.

It Is not generally realized that the 1960
census showed that one-third of the Nation's
Negroes dwell In northern cities. An ub-
offlclal estimate in 1958 placed 40 percent of
all Negroes in the North. It seems likely
that by 1970 almost 15 million Negroes will
be living outside of the South. How will
the people of the North treat their new
nelghlMrs? This question In many ways is
probably more Important than %he quee-
tlon of how the South wiU toeat Ita Nsgro
population.

There is encouraging social and legal pres-
stire to give absolute equClity to the mU-
llona of Negroes in the North but is there an
adequate moral consensus that social equal-
ity should also be granted? Exclusion at
Negroes from country clubs, private hospitals,
housing developments, and superior posAtians
in Industry Is so dear In all northern metro-
politan areas that one wonders whether the
humlllattons endured by Negroes who have
migrated to the North are not In fact more
severe and degrading than the ordinary Ne-
gro's experience in the South.

Education to provide the nKiral consensus
necessary for the most complete Integratlaa

of the Negro in the North must street the
fonowta«:

1. Oolar «r raee le fcilessiif la our dsei.
Ings wtth our fellow cMmb^ Tb hold ottier
wlee ta to eaabraee. at least to some SKfeeat.
the leiillils error of * seism ao vetosmently
condemned by Pppe Plus XH and an modem
Popea.

1. It has been thown by maiij ttudlee that
the greatest obstacle to tutogratod hooslnc
in tbe North Is ttie fear tbs* the
of nonwlUfees in the nelghbortKiod wCU
about depredatkm of tiie suxTOundiog
erty. Ho myth Is more dtfflruit to
yet xu> myth could possibly be more erro-
neous.

3. The human dignity which the Consti-
tution and our basic law presuppoeee ae ttie
Indispensable bond Mnding us tagsthsr does
not mean that we should grant to each
other the minimum at those amenitlee the
dMilal at which would be rudensss. The
concept of human dignity which Is a part of
every American's credo — be he Christian. Jew
or agnostic — impels us to be good neigbbcre
to those who share o\ir conunon destiny.

It Is this concept at human dignity wbleh
fonns the oecterpLeoe and the driving force
of the entire movement for f\Ul eqiiailtf for
eytTf American.

BKUGIOUS FAira AMS CITIX. aiGRTS

Win eSeeUve legl^atiaa and a eound pub-
lic morattty be suActeat to lasptre and ad-
vance a society wikere equal opportunity Is
available to every person? We are gatbend
here today because at our dedication to the
proposition that law and morality cannot
and win not bring about the good society.
For we are not merely citizens of the state
for whom laws are usLeesery, nor are ws
nMTdy brothers for whom a ■koral aoaatmmm
Is necessary before ws can live to^sttar Ib
peaee. Ws are eons of Ood luduaiied and
Joined forever In a real family.

We are gattiered here therefore no*
to urge more and better lawa againet
crtminatlan or to rekindle our public
aUty but rather to give wltnees to the fact
that when a Negro or a Puerto Rlcan or any
other chUd of Ood is hunxillated Ood o\ir
Father Is insulted and an of us tn Blm are
outraged.

This mass and this rengloas snilee Imf
a triple purpose — to change the hearts at
thoee who do not love enough, to d^ repara-
tion for the hnnUUatlon of Clirist in Bis
brethren and to pray for inspiration so that
we can be the children of light against the
powers of darkness.

We CathoUcs know this maas and ycmr
prayers win echo across three unlveraes —
the church suffering, the church triumphant,
and the church militant. "Hie church suf-
fering is consoled and assisted toward the
beatific vision, the church triumphant is
reminded of the enormous needs of manktod
and the church militant is strengthened by
the merit added to the treasiuy of the
mystical body.

Tou, our fellow Antericans of other faiths,
know that Ood, our common Father, hears
yoiu' cries and righteous prayers for Justice
and win give effyctive answer.

How dedicated 'we will be In the struggle
for hmnan rights dxirlng the decade to come
may well depend on the degree of dedlcaUon
which we accept ho-e this morning. I urge
you to accept and nourish as a direct grace
frotn Ood those feelings at Inrtlgnsttnn which
oome to you because of the denial of the
human dignity and the human rights of your
fellow dtlaena. Deepen this indignation be-
cause justice will not oome unless those who
are not hurt, in the words of Solon, feel just
as indignant as those who are.

Mr. ROBERTSON. Mr. President.
hu the morning hour been concluded?

The PR£SIDINa OFFICER. No; the
Senate is itUl In the macninc bour.

BUSINESS ETHICS AND THE ELEC-
TRICAL FIRMS CONSPIRACY

Mr. FULBRIOHT. Mr. President, in
this morning's press there is an accoimt
of a conspiracy among 19 of the lesLding
manufacturers of electrical equipment
in the United States. Involved in the
conspiracy are 44 of the officials of these
great enterprises. These officials
pleaded guilty or nolo contendere to the
indictments brought by the Government,
charging them with the gravest, most
serious kind of conspiracy to imdermine
and to destroy the competitive free-
enterprise economy in this country.

Mr. President, our country, our allies,
and all other free peoples are presently
confronted with an unprecedented chal-
lenge from the Communist world. I
submit that unless and until we correct
the demoralization which these cases il-
lustrate, we shall find it impossible to
provide effective leadership to the free
world.

Mr. President. I ask unanimous con-
sent to have printed in the body of the
Record, as a part of my remark.s, an
article entitled "How Electrical Firms
Shared Business," written by Mr. Ber-
nard D. Nossiter; and also an editorial
entitled "Business Ethics." I especially
commend these to the attention of my
colleagues. I have never before heard
of as shocking a case of violation of our
antitrust laws and of the undermining
of the very principle of free competitive
enterprise.

These cases have very wide ramifica-
tions. Presently there is in my State a
case in which the bids for turbines in
dams built by our Government are in
controversy; a foreign company has bid
against domestic companies. In the
past and presently we have a policy of
protecting to a certain extent, under the
so-called buy-American principle, our
domestic manufacturers: and one of the
principal beneficiaries of these laws has
been the largest company involved in
this conspiracy.

I submit that while these matters are
of great importance here at home, they
also have very great implications in our
foreign relations; and I hope my col-
leagues will take the time to read this
article and the editorial.

There being no objection, the article
and the editorial were ordered to be
printed in the Recoid, as follows :

(From the Washington Post. Jan. 4, 1961]
BoBmxsa Sthtcs I

There Is a story in London arising from
the Bulganin-Khrushchev visit of 1956. In
a moment of informality, the Russian visitors
ocmfesMd to their hosts a dread of the weari-
some accumulation of domestic industrial
problems which faced them on their return
home. At thU point. Mr. MacmUlan is al-
leged to have said: "Ah, we have an easier
system here. We leave those matters to a
thing we call business."

In a similar fashion we do the same. We
leave to a "thing we call btislnese" a multi-
farious collection of problems relating to in-
dustrial activity. Some enthusiastic sloganer
has titled this arrangement "Free Enter-
prise." And lately it is fashionable to speak
of the "private sector."

More accurately, we live in a mixed econ-
omy with tariffs, subsidies, tax privileges,
credit arrangements, and direct and indirect
governmental regulation. In total this is

neither sodalism nor capitalism, but a ccan-
poslte adjustment of a practical people to
the realities of day-to-day affairs.

There are after all more Important things
than the question of one's dally bread, espe-
cially in a fort\inate land. And the good
sense of the American people has generally
led us. perhaps without knowing it, to sub-
ordinate purely material matters to the gen-
eral freedom and welfare of the community.

So we do not live for bread alone. Our
lives and being are not only demeaned but
also lied about in a description of them as
"free enterprise." And our lives sensibly re-
fuse to be divided by statistical professors
into private and public sectors. We live in
private houses which we can afford becaiise
of governmental control of the mortgage
market and we send our children to public
schools over which we exert greater local
control than we do over mortgage rates.

But to say that free enterprise is an over-
simplification is not to deny that there is
much commonsense in the freedom that pri-
vate enterprise enjoys In America. This pro-
vides a sensible division of managerial labor.
Quite beyond that practical consideration, it
permits more total freedoofi in everyday
life than woxild be possible under govern-
ment ownership or direct regulation.

Which brings us to our point. The free-
dom of American business enterprise Is not
something decreed in either the Old or the
New Testament. It exists only because it has
worked and it will cease to exist when it
ceases to work.

Today the conduct of private business can
be of as much public concern as the conduct
of any public agency. That behemoth of
public agencies, the Pentagon, spends more
than 941 billion a year. But that huge eum
is equaled by the net sales of the nine
largest private companies.

It is properly shocking when a public
official fails to meet his responsibilities —
either through his own misconduct or his
failure to control his subcHdinates. In these
times, when the private sector is more than
three times larger than all governmental
expenditure, it is equally shocking when jni-
vate corporate officials fall to control their
large enterprises.

Tomorrow we plan to make some more spe-
cific comments.

PucB Fixing Casa — ^How lb.>CTXiCAi. Firms
SHAaxD BtrsiifEss

(By Bernard D. Nossiter)

The Nation's heavy electrical equipment
manufacturers pleaded guilty last month to
a classic case of price fixing. As described by
the Oovernment, they followed a relatively
simple pattern to set prices, rig bids and
divide up markets.

In some ways, the most remarkable feature
of their conspiracy is Its size. In all, 19 con-
cerns and 44 of their officials pleaded guilty
to one or more of seven Indictments. Their
agreements were of varying length but
spanned the period from 1951 through 1960.
They covered sales estimated at $8 billion —
$7 billion to private utilities and other cor-
porations and $1 billion to the Federal, State
and local governments.

According to the Indictment and the state-
ments of Oovernment lawyers at Philadel-
phia Federal Court hearings on the pleas, the
conspiracies usually took this form:

Company executives would meet frequently
in hotel rooms. There they would decide
how big a share each firm would get of the
market under discussion. They would re-
view the orders that were in sight, determine
who wovUd get them and how much they
wovUd charge. The bigger business — sales to
private corporations — would generally be de-
cided by high executives. The smaller Gov-
ernment orders were ofton left to lower level
officials. They woul'l sometimes come to the
hotel rooms with ledger lists — a box score
showing how much business each firm had

been getting. That way. new orders could be
aUocated so that each firm got its agreed
upon share.

AttCH-neys for the manufacturers told Fed-
eral Judge J. Cullen Oaney that the con-
spiracies violated company policy.

For example, Oeneral Electric Co.'s lawyer,
Oerhard A. Gesell, said:

"This corporation has had a considered,
delll>erate polcy designed to prevent the very
type of occurrence with which we are sud-
denly confronted here.

"This policy was issued in 1954. It states:

" 'No employee shall enter into any under-
standing, agreement, plan or scheme, ex-
pressed or implied, formal or Informal, with
any competitor, in regard to prices, terms, or
conditions of sale, production, distribution,
territories, cr customers, nor exchange or
discuss with a competitor prices, terms or
conditions of sale, or any other competitive
information, nor engage in any other con-
duct which. In the c^inion of the cc»npany's
counsel, violates any of the antitrust laws.' "

Oesell went on:

"This policy • • • repeatedly was brought
home in management conferences • • •.
Before this case came along, men were dis-
ciplined for violation of the policy. Men
were discharged. Since this has come along,
other men have been disciplined."

Oesell also said that the company's guilty
pleas were made with a desire to terminate
what would otherwise be most protracted
and expensive litigation.

Similarly, former Attorney General Herbert
J. Brownell, lawyer for Westinghouse Elec-
tric Corp.. said :

"Westlnghouse has sought for years in
every way possible to avoid involvement to
cases of this type. Unlawful acts, if any,
by its employees charged with pricing re-
sponsibility have not only been unauth(»ized
but contrary to specific Instructions that the
antitrust laws must be obeyed."

Brownell added: "Westlnghouse wishes to
make it clear that in its pleas of guilty and
nolo contendere that it does not thereby ad-
mit the allegations."

Sometimes the conspirators worked out
their plans In writing. Here is how Assistant
Attorney General Robert A. Bicks, head of
the Antitrtist Division, described tiie opera-
tion for the sale of circuit breakers:

"In the early years there was a practice
known as the inner -company memo. Once
each week with quite regiilar precision the
top executives responsible for the carrying
out of this conspiracy would communicate
with each other via memo which each execu-
tive initiated. * * • At its early stages in
1951 and 1952 there were four companies in
this conspiracy, OE, Westlnghouse, Allis-
Chalmers (Manufacturing Co.) , and Federal
Pacific (Electric Co.) . I-T-E (Circuit Breaker
Co.) did not come in untU later.

"The initiator of the conununicatlon would
change month to month, company by com-
pany; by ccanmunication known as the inner-
company memo would deal generally with
Jobs that were coming up diiring that week,
the price each would bid, and any comments
that were to be offered on the general price
level."

These memos, said Bicks, dealt with the
sales to private corporations. The sealed -
bid business of governments was handled at
working level meetings.

Bicks continued: "At a working level
meeting where a particularly big Job was up
for discussion the percentages would be re-
viewed in light of what was known as the
ledger list which had on it recent sealed-
bid Jobs given to the other defendants. In
light of that ledger list It was decided which
of the companies, to keep the percentages
constant, would get the Job. Now If that
company was prepared to say the price at
which it was going to bid then the other
companies could discuss among themselves
what they would bid, add on for accessories,

216

CONGRESSIONAL RECX)RD — SENATE

January 5

to make sure or to girt the company that
had the joh, irhose turn tt ma to get the
Job. the best shot at It. If the company
whose Job the partltnilarty rigged Job was
supposed to be did not know the price there
would be later communication, either by
phone to homes with Just the first names
vised, or by letter to homes with Jtist the llrst
names of the senders, with no return ad-
dress, and this wonderful code which appears
for the first time In this case. The numbers
, were 1, General Electric; 2, Westlnghouse; 3,
AlUs-Chalmers; and 7. Federal Pacific. What
happened to 4 or 5 and <J until I-T-E came
In remains a mystery. When I-T-B came In,
In 1958. It got 6."

The company oAcials met In hotels all
across the country. Among the places listed
by the Oovermnant were New York City,
Philadelphia, Atlaatlc City, Hot Bprtngs
(Va.). Hershey (Pa.), Cleveland and Seattle.

As the biggest company, GE generally got
the largest share of the carved-up markets.
The Justice Departnwnt said that the agree-
ment on circuit breakers to Government
agencies originally gave GE 45 percent, West-
lnghouse 85 percent, AUls-Chalmers 10 per-
cent, and Federal Pacific 10 percent; for
power transformeTB, It went GE 30 percent,
Westlnghouse SO percent, AlUs-Chalmers 16
percent, Moloney Klectric Co. 10 percent, llc-
Graw-Edlson Co. 8 percent, and Wagner Kleo-
trtc Corp. 6 percent.

Sometlxnes, a company aid would avoid a
face-to-face meeting with a group of com-
petitors but accomplish his end anjrway.

Baddla Rashld, chief of the Antitrvist Divi-
sion's trial section, told the court of an
AugiMt 1066. meeting at Camp Keystone,
naar North Bay. Ontario. He said: "The de-
feadants held the meeting at a particular
cabin In this island resort. Mr. Oswalt (W.
F. Oswalt, general manager, general purpose
control department, swltchgear and control
division. GE, who pleaded guilty) who was
rapr<aantlng General Electric during this
period was not attending meetings with the
rest of the companies.

However, Mr. Oswalt got himself a cabin
in very close proximity to the cabin being
occupied by the other defendant representa-
tives. An Individual at the conspiratorial
meeting was sent periodically during the
course of the meeting to Mr. Oswalt's cabin
to consult with Mr. Oswalt as to his position
on the various matters that were being dls-
ciused. It was a representative of one of
the smaller companies that was delegated
to be. In effect, the relay man between the
two cabins.

**Mr. Oswalt agreed to the price Increase
and so notified the relay man who commu-
nicated this fact back to the remainder of
the individuals at the first cabin.

"He remained outside the meeting of Au-
gust 1956, In Canada In another cabin, but
he sent the messages In to the other group
urging them to put In effect a price Increase
of 10 percent. In this situation Mr. Oswalt
was the Initiator and the leading figure on
that 10-percent price increase. "

The electrical firms used a variety of meth-
ods to determine who would get an order,
m one case, the companies took turns In
alphabetical order. In another, described In
the turbine-generator Indictment, the de-
cision was made by lot.

But the most sophisticated technique ap-
parently was the phase-of-the-moon formula
for determining automatically what each
company would bid on power swltchgear as-
semblies for private corporations.

The indictment described Its operation
this way:

"At these periodic meetings a scheme or
formula for quoting nearly Identical prices
to electric utility companies, private indus-
trial corporations and contractors was used
by defendant corporations designated by
their representatives as a "phase of the moon'
or 'light of the moon' formula. Throu|^

cyclic rotating positioning inherent In the
fonnala one defendant corporation would
quote the low price, others would quote in-
termediate prices and another would quote
the high price; these positions would be pe-
riodically rotated among defendant corpora-
tions."

THE AREA REDEVELOPMENT BUIi

ICr. HUMPHREY. Mr. President. It
is my privilege to be a cosponsor of the
area redevelopment bill with the senior
Senator from Illinois [Mr. Douglas]. I
have Joined with him before in support-
ing similar legislation, and I share his
joy in finding sympathy suad encourage-
ment for this legislation from the Presi-
dent-elect.

The latest report from the Labor De-
partment Indicates that more than one-
third of the major labor market areas are
suffering from serious unemployment,
and that. In addition to these 51 major
colters of unemployment, there are 123
smaller areas with serious unemploy-
ment troubles. In my own State of Min-
nesota, serious unemplojrment continues
in the northeast area, and In Duluth, In
particular.

Mr. President, we have had a very
serious time in this area of my State.
IrtMi Twining Is down considerably; unem-
ployment continues to mount; and up
to date we have found no real solution.
It is our view, in Minnesota, that the
area redevelopment legislation offers us
at least a hope for some alleviation of the
unemplojonent and economic distress.

I think the need for this area rede-
velopment legislation has been estab-
lished beyond the shadow of a doubt dur-
ing the past 4 years.

In the 84th Congress, the Senate
passed an area redevelopment bill to help
economically distressed areas; but tbe
other body failed to act on It.

In the 85th Congress, both Houses
approved area redevelopment legisla-
tion; but the President's veto killed our
hopes.

In the 86th Congress, we again were
successful in passing area redevelopment
legislation through both Houses of Con-
gress. But again the President's veto
killed our efforts to get this legislation
onto the statute books.

We are Indeed fortimate that the
reconunendatlons of the special study
group headed by Senator Douglas, for
the President-elect, are being translated
into legislative action so quickly; and I
pledge my full support for early action
in this House on this thoroughly dis-
cussed and thoroughly studied legisla-
tion.

No one need fear that this is a blank
check for hasty or recldess action. This
is primarily a loan program which will
be self-supporting in the long run.

Under this proposal, there will be a
oeiling of $400 million on the total Fed-
eral commitment; and the commitment
for the first fiscal year of the new ad-
ministration is limited to $100 million.

I may add that I think this is a very
modest amount ; I only hope it will prove
to be enough. I have serious doubti
that it will; but at least it is a beginning.

The Federal Ctoremment can make
loans to communities in depressed areas.

to aid construction of public or prtvmte
facilities which will htip to attract new
industry; and the bill also provides for
vocational training and retraining sub-
sistence payments.

Mr. President, I wish to note that it
Is my intention to offer again the Youth
Conservation Corps bHI. which I believe
is supplemental to the area redevelop-
ment bill, or at least is a companion
measure. There is a rising number of
imemployed yoimg men between the
ages of 17 and 20. This is going to be a
very serious problem in some areas of
the country. The Youth Conservation
Corps bill will afford an opportunity for
many thousands of young men for gain-
ful employment in the great national
parks, national forests. State parks, and
State forests, in the field of conservation.

I shall again Introduce the bill, which
previously passed the Senate; and I hope
that, again, favorable action will t»
taken on the bill by both Houses of Con-
gress, and that the bill will then be
signed by the President

It will bring new life and new hope to
the depressed communities which have
too long been denied their fair riiare in
America's prosperity.

Mr. President, area redevtriopment
legislation is kmg overdue and urgently
needed. This legislation should receive
the same high priority in Congreae that
it has in the program of the President-
elect.

I want to compliment the Preakient-
elect for his leadership in this matter
in keeping the conunitment he made to
the people of the United States In hla
campaign.

MORE DANGEROUS THAN A
FILIBUSTER

Mr. RUSSELL. Mr. President, I ask
unanimous consent that there may be
printed in the body of the Racou a very
able and instructive article appearing on
the editorial ixtge of today's Washington
Evening Star, by Mr. Oould lincoln.
entitled "More Dangerous Than a Fili-
buster."

The article very clearly depicts aocne-
thing I have endeavored in time past to
present to the Senate, the danger of
adopting a gag rule in the Senate of the
United States. It looks very wonderful
to have a gag rule when one has a ma-
jority of the votes, a majority of one, and
has made his speech. Then it is won-
derful to have a gag rule or a previous
question device that brings an issue to
a vote and does not give anyone else a
chance to express his views ; but you may
be sure, Mr. President, these chickens
will come home to roost, and if we ever
do destroy the Senate's constitutional
function, and prescribe a rule that will,
in effect, deny a representative of a sov-
ereign State the right to full expression
on the floor of the Senate by imposing
one of these drastic gag rules, we will not
only have denied the right <rf a sovereign
State, but we will have sounded the death
knell of true liberalism in this country.

The PRESIDINO O^nCER. Is there
objection to the imanimous-oonseDt re-
quest?

1961

CONGRESSIONAL RECORD — SENATE

217

There being no objection, the article
was ordered to be printed in the Racoso,
as follows:

MoBB DAMOsaomi Than a Pn^uusTEa
(By Oould Lincoln)

The Senate today la locked in another
struggle oTer the proposition that a ma-
jority—even of one — should be entitled to
cut off debate and force a bill, a resolution,
an Important Issue to a vote, no matter how
ill-considered and no matter If It violates
rights of a minority. For generations— In-
deed, since the beginning of the Oovernment
of this country — the Senate has remained a
unique body, with debate unlimited. This,
it is true, was modified by the adoption of the
so-called cloture rule Immediately after
President Woodrow Wilson began his sec-
ond term of office. This rule, however, speci-
fied that debate could be closed only on a
request by 10 Senators for cloture, and only
by a two-thirds vote. This two-thirds vote
requirement to close debate, despite attacks,
has continued and is in the Senate rules
today. Indeed, it was strengthened at one
time to require a two-thirds vote of the
entire Senate membership. Two years ago,
this WM modified to return to the old two-
thirds of those present and voting.

Now the proposal by the so-called liberals,
both Democratic and Republican. Is to
change the cloture rule and make it possible
to adopt cloture by a majority vote of the
Senate, and barring that, by a three-fifths
vote. The inmnedlate Issue Is whether such
a change should be made, and whether, if
made, it would not rise to chanite the whole
structure of Senate action, including disre-
gard of minority rights, and action on Ill-
considered and destructive measures.

An Intereeting question Is: Were it not for
the dvil rights issue — the race issue — and
the Negro vote that Issue is supposed to
command, would this contest over the Sen-
ate rules be so strongly pressed at this time?
Northern Democrats and northern Republi-
cans, with some excep>tlons, are pressing hard
for this change in the rules In order to put
a stop to filibusters a<alnst more drastic
clvU rights legislation, strongly resisted by
Senators from the South. They are trying,
not merely to give equal protection xinder
the law, but to force by statute changes in
society and social relations.

BooauaAMo trrtcr amat
In order to gain their particular end at
this particular time, supporters of the pro-
jxisal to amend the rules are closing their
minds to the possibilities of the futiire.
Eight or nine Republican liberals are sup-
porting the move which. If succeesful, could
rise to smite tbem later on. They may find
themselves hamstrung in efforts to prevent
costly so-called social programs from being
enacted Into law and to halt excessive Oov-
ernment expenditures which could help to
bring about disastrous Inflation and devalu-
aUon of the dollar. Purther, there are lib-
erals on both sides of the aisle who are over-
looking the possibility that In the future a
mere majority of a Senate, controlled by the
conservatives, could force upon them what
they consider reactionary measxires. At this
very time. Republicans in the Senate should
be aware, the Kennedy administration Is
coming Into power pledged to the adoption
of programs to which they are fundamentally
opposed and programs that will tend to in-
crease the vast governmental bureaucracy
centered in Washington.

OQNDinOIfB CHAWOKD

The conditions today, so far as congres-
sional procedure is concerned, are very dif-
ferent from those which prevailed when an
outraged Senate put through the cloture
rule in 1917. President Wilson had strongly
urged the arming at merchant ships to pro-
tect them against Ocrman submarine attadc

In those days the old short session of Con-
gress— by which a Congress was terminated
on March 4 — was still in effect. A small
group of Senators was opposed to the armed
ship proposal. With only a few days of the
session remaining before a new Congress —
not scheduled to meet until the foUowlng
December — should take the place of the
dying Congress, these Senators by exercising
the right of vuilimlted debate, were able to
prevent action on the Wilson armed ship
blU.

That kind of action would not be possible
today. There is no short session. A Con-
gress can remain In session right up to the
day a newly elected Congress moves Into
the Capitol. As a matter of fact, the failure
of the armed ship bill because of the filibus-
ter In the Senate had little effect. Within a
few weeks, Mr. Wilson was calling the new
Congress Into sptecial session for a declara-
tion of war against Oermany. And he had
no trouble getting prompt action in both
Senate and House.

Nor Is it at all likely, despite the argu-
ments advanced by some of the liberals, that
the Senate will fall to act promptly when
the safety or defense of the Dnlted States
and its people is in the balance.

The use of the rule of unlimited debate,
now modified by a two-thirds vote cloture
amendment, has been exercised many times
in the Senate to halt speedy and perhaps un-
wise action on a wide variety of subjects be-
sides civil rights. And on many occasions
when a measure really needed has been fili-
bustered. In the end the filibuster has been
beaten down and the measure passed or
adopted.

With all the sertoiu problems confronting
the United States today It is to be hoped
that the Senate will not waste time — ^wlll not
tie Itself into serious enmities over this ques-
tion of procedure — and that the Congress
and the executive branch at the Oovernment
may turn Its attention promptly to those
IMx>blems.

BIRTHDAY OP SENATOR DIRKSEN
OF ILIJl^OIS

Mr. KUCHEL. Mr. President, yester-
day, January 4, was the anniversary of
the birth of a distinguished American,
who graces this Chamber by his dis-
tinguished presence. We salute the State
of Illinois and the people of Illinois for
sending to the Senate of the United
States our beloved friend, an able states-
man, one who has a truly marvelous and
unique capacity to express himself with
dignity and power arid persuasion, and
one who has been honored again as the
leader of our fellow Republicans on this
side of the aisle.

Everett McKinlet Dirksen was bom
in Pekin. HI., on January 4. 1896. He
served his country in uniform in World
War L He became a distinguished law-
yer, and, hicidentally, matriculated for
part of that time in the University of
Minnesota Law School; and then for
eight terms Everett McKinlet Dirksen
was a leading Member of the House of
Representatives.

Everett voluntarily retired from pub-
lic service because of a potential phy^cal
aflUctlon, which we are all glad was sub-
sequently overcome, and then he offered
his services to the people of his State as
a Member of the UJ3. Senate. And since
1950. the dear friend of all of us on the
minority side, the friend of your col-
leagues, Mr. President, on the majority
side, and of all of us, has added luster to
this Chamber Iqr his innesence here.

Time and time again Senators luive
c(xne into the Senate Chamber to listen
to the vigor and the warmth and the
color and the charm by which the minor-
ity leader has led the Senate in its ap-
proval of the recommendations which
our President these last 8 years has made
to the Congress.

Yesterday the Vice President of the
United States and the Vice President-
elect of the United States, the leadership
of the Democratic Party in the Senate,
his colleagues in the leadership of the
Republican side, and some others of his
friends were pleased and proud to com-
memorate his birth date and to toast
him and to bid him Crodspeed for many,
many more years of health, happiness,
and service to his country.

Mr. President. I am most honored to
stand here in the Senate, which Everett
McECiNLEY DiRKSEN lovcs SO dearly and
in which he is held in so high esteem by
all Members of the Senate, and to salute
Mrs. Dirksen with him and his family,
and, too. the good people of Illinois who
have sent him here to demonstrate the
preeminence of one of their favorite
sons, one of America's most distln-
eruished statesmen, and one of our dear-
est friends.

Mr. RUSSELL. Mr. President. I cer-
tainly wish to seize this opportunity to
extend my felicitations and my con-
gratulations to the dlstinqulshed Sena-
tor from Illinois [Mr. Dirksen] . He is
one of the outstanding statesmen and
parliamentarians of this era.

Bi4r. President, I trust that for many,
many years to come the mellifluous voice
and eloquent words of Everett Dirksen
will be able to resoimd throughout this
Chamber and throughout the land with-
out being circumscribed and st<9ped by
any effort anywhere to impose a "gag
rule" in the Senate of the United States.

Mr. BUSH. Mr. President, apropos of
the same subject, I wish to endorse fully
the remarks of my colleague from Cali-
fornia $md subscribe to the emotional
and sentimental observations of my
friend from Georgia. I must say that in
the past 2 years, in which Senator
Dn?KSEN has been our leawler, I have seen
a greater degree of fellowship and a
greater degree of unity among the Re-
publicans of the Senate, and a spirit of
good will in the Senate, which he has
inspired even when we have been debat-
ing the most difficult and controversial
issues.

These things, I think, are a tribute to
the great warmth of his personality,
which in no way diminishes his vigor or
Ills enthusiasm and courage — at times
remarkable courage — in fighting on this
floor tor things which he thinks are
right.

He has repeatedly been helpful to me
In connection with problems of my own,
and I know he has treatec'. other Senators
on our side of the aisle with the same
consideration, giving them help from
time to time which no one else could
have given and which, perhaps, no one
sitting in his chair could have given so
weU.

EvKBETT DntxBKir's defense of the
President's program in the last 2 years
has been astonishing. He has repeatedly

i

m

I

"m

218

CONGRESSIONAL RECX)RD — SENATE

January 5

« carried the flag, to use his own words.

1 1 regardless of the issue. I think he would

agree, as I do for myself, that we have
found ourselves very comfortable in the
political philosophy of President Eisen-
hower, and it has not been too difficult to
proclaim his program and to fight for it
on the floor of the Senate. I have found
that a great satisfaction myself, and I
have no doubt that in the case of my
dear friend. Senator Dirksen. his sym-
pathy with these principles has aided
him in his forceful and effective proc-
lamation of the President's point of view.
Mr. President, I am sorry that I did not
know about his birthday yesterday, but I
wholeheartedly wish for him many
happy returns of the day.

Mr. KEATING. Mr. President, it is a
genuine personal pleasure for me to join
with Everett Dirksen's host of friends
in extending warm good wishes to him
on the occasion of his birthday. I under-
stand that with this birthday he reaches
an age which will entitle him to take ad-
vantage of some of the laws which he has
helped to pass, and which give special
advantage to those of us who may be
called elder citizens. He will have some
advantage in that regard, but it hardly
seems possible that he has reached an-
other birthday. I shall not labor the
point further.

Everett wears each birthday like a
fresh carnation, which serves as a lesson
to all of us that nothing keeps a man so
young as hard work, a serene philosophy,
and a keen sense of hvunor. His own
party members know and respect Ever-
ett as a distinguished and able leader.
The opposition party respects and es-
teems him as a vigorous and a construc-
tive dissenter when, by his lights, dis-
sent seems to be the coiu-se which he
should take and the better part of wis-
dom.

There are places where silence may be
golden, but of course the U.S. Senate is
not one of those places. In this Cham-
ber, where the gift of eloquence is
counted as one of the supreme gifts,
Everett Dirksen stands as one of the
finest speakers of our time. If the
human voice may be termed an instru-
ment, no one plays it with more skill,
with more imagination, with more in-
spiration or with more effectiveness than
our distinguished colleague from Illinois.
Behind this gift of speech is a no less
gifted intellect, an outstanding ability to
fulfill the high responsibilities of leader-
ship which his party has entrusted to
him. and, above and beyond that, a great
capacity for deep and enduring friend-
ships.

Throughout his life Everett Dirksen
has used time well. Perhaps that is why
time has, in return, been so good to him
and given to him so many birthdays.
This one, I hope, will be only the begin-
ning of a long and happy string of f utvu-e
birthdays.

Mr. HUMPHREY. Mr. President, I
wish to join with my colleagues on the
Republican side of the aisle in their fe-
licitations and good wishes to this fine
citizen and good man, Everett Dirksen,
the minority leader. I wish to join with
the very able Senator from Georgia [Mr.
Russell] in the words he expressed, up

to a point, which I shall note by proper
modification.

We in Minnesota are mighty proud of
the fact that the RepubUcan leader was
a student at the University of MinnesoU
College of Law. He suffered the same
pains on January 2 that the senior Sen-
ator from Minnesota suffered, as we
watched the Rose Bowl game. I have
been able to commiserate with him on
this matter of common sorrow.

I say to my friends, sometimes it takes
sorrow and travail to bring together
those of us who do not always a?ree. We
find common pux-pose in common grief.
I assure my good friend that his at-
tendance at the University of Minnesota
has been looked upon as a singxUar honor
to our splendid university.

In all seriousness, I felt that this side
of the aisle would be remiss if we did not
indicate to the covmtry and to the Sen-
ate that we see in Everett Dirksen a
man who is able. fair, and decent — a
very, very powerful advocate of his point
of view. The tributes which have been
paid to him today, with respect to his
support of the President's program, are
worthy tributes and a high honor.

Being the leader of one's party In the
Congress of the United States, for an ad-
ministration one has helped to elect and
helped to support. Is indeed a matter of
responsibility; and I think it is a matter
of honor when one attempts to carry the
banner of that leadership and of that
administration as much as one possibly
can.

Those of us on this side of the aisle
who have disagreed on occasion with
some of the programs or the policies of
the administration have stood here and
watched with respect and with admira-
tion the splendid work and the leader-
ship of tlie Senator from Illinois [Mr.
Dirksen].

As one who has occasionally suffered
some of the verbal parries of the Senator
from Illinois. I assure Senators that he
is a really tough adversary — tough in the
sense of liis ability. He is never mean
and is never unkind. His speeches are
brilliant. He Is an exhilarating speaker.
I really enjoy listening to him.

I do not know what more one can say
as a compliment to someone who devotes
himself to the use of the word than to
say that one really enjoys his speech and
finds it edifying.

My final thought to the Senator from
Illinois is this: I should like to go as far
as the Senator from Georgia [Mr.
Russell] in saying that I should like to
hear the Senator's voice reverberate in
these Chambers for years and years,
almost forever, except that I happen to
be a proponent of the belief that 15 days
at a time would be adequate, plus a share
of the 100 hours. However. I join with
the Senator from California in saying
that If the Senator from Illinois wishes
to come back for a repeat performance,
after we have arrived at the flrst deci-
sion, I surely would have no objection,
and most likely would find it beneficial
I wish him well and thank him for
his friendship, which I think is a precious
gift.

Mr. SALTONSTALL. Mr. President,
I add my words to those of my colleagues

in wishing the minority leader, Everett
Dirksen, my friend, a very happy birth-
day. I knew him flrst when he came to
Massachusetts to speak at nonpoUtlcal
functions and at political functions, and
in every instance he spoke to the point.
in language that we could all under-
stand, and in such a way that we enjoyed
listening to him.

Since he has been in the Senate I have
become his friend. At least I describe
myself as a friend of his, and hope that
it is mutual. Over the past few years,
since he has been our minority leader,
he has shown a spirit of nonpartlsanshlp
and' a spirit of good government. It Is
a position that I greatly admire. Some-
times I have not always agreed with him.
I could not always go along with him.
But when I told him my position, he
never expressed disappointment or cha-
grin in any way. As the Senator from
Minnesota has so well said, he argues
forcefully and to the point, but he argues
outside of personalities. When he is all
through, no matter how strong his argu-
ment may be. he Is still a friend.

I join In congratulating the junior
Senator from Illinois upon this birth-
day, and hope that for a good many
years, while he and I are serving In this
body together, I may have the oppor-
tunity of wishing him still another happy
birthday. I believe this is the flfth time
I have expressed myself on his single
birthday, and I look forward to doing
so again a year from now.

Mr. MUNDT. Mr. President. It is an
unusual pleasure for me to Join the
many friends of Senator Dirksen on
both sides of the aisle in once again
wishing him a happy birthday. I knew
Everett Dirksen by reputation a long
time before I had an opportunity to meet
him personally. When I was a freshman
at Carlton College in Minnesota a rei>-
resentatlve of a book company In Cleve-
land. Ohio, the Bacon Book Co., pub-
lishers of the Peoples Home Library,
came to Carlton to try to induce students
who were trying to earn part of their
way through college to engage in the
business of selling books to rural people
In remote areas In the summertime.

One of the great illustrative success
stories always pointed to was that of a
fellow by the name of Everett E>irksen,
who gave up a career as a baker to be-
come a lawyer and statesman, and who
left his home in Illinois to go to the Uni-
versity of Minnesota. It was pointed out
how successful he had been and how
much money he had made selling the
Peoples Home Library. He was said to be
a great advocate of the slogan of Bacon
Book Co., "Bacon books bring home the
bacon." He brought It home. I sold
many books, but when It came to col-
lecting for them, I did not get much
bacon. I found It was easier to sell books
to people In KendallvUle and Auburn.
Ind.. than it was to retiun 6 days later
and be compensated for the volume I
was so eager to deliver.

I have naturally followed EvEFrrr
DiRKSENs career with a great amount of
satisfaction ever since that flrst success
story, which was given to me In absentia
before I had ever seen his picture, be-
fore I had ever run my fingers through

^

1961

CONGRESSIONAL RECORD — SENATE

219

his tousled head of hair, and before I
had ever listened to his mellifluous tones
as he engaged In the great art of
forenslcs.

When I finally arrived in the House of
Representatives, however, Everett Dirk-
SEM was there to greet me. He had al-
ready been there for a considerable time
and had a great record for himself as the
hardest working Member of the House of
Representatives. There he served on the
Appropriations Committee with great
honor and distinction, and I was among
those who delivered a farewell address to
him when he thought for a time that he
was going to have to give up his political
career because of faulty vision. Let it be
said in commendation of him that when
he felt his vision was to be pei'manently
Impaired, rather than to do half a job
or two-thirds cf a job tn the House of
Representatives, realizing that he might
not be able to do the Job with 100-per-
cent effectiveness, he walked down to the
well of the House on a melancholy after-
noon and told us that he was retiring
from the Congress and retiring from
public life because the doctor had told
him that his vision had become greatly
disturbed, and that he might conceiv-
ably lose the sight In his eyes. So he
retired.

The Lord was good to Everett Dirk-
sen, as he has been good to the Lord and
to the people. During a trip around the
world he came In contact with an eye
specialist abroad, who brought him in
contact with certain medical treatments
and other treatments which completely
restored his eyes to the point where his
vision Is probably better and more seciire
now than that of a great majority of the
Members of the Congress today.

In the meantime, however, history had
marched on. Someone had replaced him
in the district which he had represented
so well and for so long, in which was his
home In Pekln. 111. He was not one to
try to oust from ofDce the Representa-
tive who had taken his place In perfectly
good faith. So for a while it appeared
that the country would lose the services
of one of the great statesmen of our era.

However, a vacancy developed on the
Republican ticket for a candidate for
the U.S. Senate. I shall always remem-
ber the evening when I received a tele-
phone call from Everett Dirksen asking
if I would be willing to fly out to Pekln,
m., on a Simday afternoon and deliver
a "kickoff" speech whereby Everett was
to announce his candidacy for the UJS.
Senate on the Republican ticket. Noth-
ing gave me greater; pleasure. I never
accepted an invitation to speak with
more enthusiasm or with greater alac-
rity. I remember the day at the Tri-
County Pair with Everett Dirksen. In
front of the great multitude of his
friends, happily situated there in a lit-
tle meadow between Pekin and Peoria,
HI., in my weak way I selected a subject
upon which anyone could wax eloquent —
the values and virtues of Evrarrr Dirk-
sen. I thought he would make a great
U.S. Senator. With due humility he ac-
cepted the challenge to run, and the rest
is history. He hns been here ever since,
and I certainly hope that he will be here
for many long years to come. I was

happy to be here to greet him when he
came, as he greeted me in the House of
Representatives when I arrived there.
So it Is good to follow a sroung man who,
in typical American fashion, worked his
way up through school, into the House
of Representatives, retired, and came
back because the good people of Illinois
recognized the sterling qualities of char-
acter as well as the unique abilities
which are so closely identified with the
personality of Everett Dirksen.

My wife Mary and I have been warm
personal friends of Everett, Louella, and
his charming daughter Joy for many
years. I do not know how many birth-
day parties I have attended for Everett
Dirksen, but I like them, and I am per-
fectly willing to keep on coming for an-
other 50 years. Happy birthday v and
pleasant going in the days ahead.

Mr. PASTORE. Mr. President, when
I was about to come to the Senate of the
United States, a very good Reiniblican
friend of mine in Rhode Island said.
"Watch Senator Dirksen." I have done
that through the years we have been
associated in the Senate. I have ob-
served his talents, his techniques, his
oratory, and urbanity, and I must say
that I have been very much Impressed.
But even more than that impi-ession is
the experience that during our service
here together a mutual respect and ad-
miration and affection has grown up be-
tween us. which I prize very, very much.
His surface qualities are deep attributes
of the considerate colleague— the pa-
triot— the statesman.

In my humble opinion. Everett Dirk-
sen is one of the most eloquent and bril-
liant men In the Senate. I have never
come in contact with any man who has
a fairer sense of Judgment, or who ex-
presses himself with more courtesy or
conducts himself with more equity in
dealing with his colleagues in the Sen-
ate, than Everett Dirksen. I speak
these sentiments to you, my friend, the
minority leader of the Republican Party
In the Senate, on the occasion of your
65th birthday anniversary, and I join
with my many colleagues in saying to you
and to your whole family: Happiness
and health — ad multos annos.

Mr. CARLSON. Mr. President, I wish
to associate myself with other Senators
who have extended congratulations to
the distinguished minority leader on the
occasion of his 65th birthday anniver-
sary. He came to the House of Repre-
sentatives in the 73d Congress. I had
the honor of arriving in the 74th Con-
gress. Therefore I believe that on my
side of the aisle I began serving earlier
with our distinguished minority leader
than any other Member of the Senate
who has also served in the House of
Representatives.

As has been mentioned by the Senator
from South Dakota [Mr. Mundt], I was
not only met by the distinguished minor-
ity leader, but I was assisted by him in
getting started in my service In the
House. One thing that I have observed
particularly, as I believe every Member
of the Senate will agree. Is that Everett
Dirksen is one of the hardest working
Members of the Senate. That was also
true in the other body. He was woridng
very hard over there, too. As a matter

of fact, I believe he worked too hard
there. I think, too, that he works too
hard In the Senate. I have on several
occEisions dxulng the last session sug-
gested that he slow down a bit. becaxise
I believe he has been endangering his
health. He should not do it, even though
in his fervor he is willing to sacrifice
everything for his service. He has done
that. He has achieved great success be-
cause of his tireless efforts and his per-
sonal interest and dedication to the serv-
ice-of his State and to his cotmtry. I
extend my congratulations to him.

Mr. JAVrrS. Mr. President. I, too,
would like to join my colleagues in con-
gratulating Everett Dirksen on his
birthday anniversary, as well as extend-
ing best wishes to his lovely and gracious
wife, and especially to express the hope
that he will remain in good health.

I may say. Everett, that we hear a
great deal from you, and have many
times, about carryhig the flag. It is not
very often, however, that our distin-
guished majority leader, and my leader,
has told us what is on that flag. On his
birthday I would tell him that on that
flag are friendship and affection and
warm, good feeling, not only for his col-
leagues on the Republican side, but also
for his collestgues on the Democratic side,
and, indeed, also for all the E>eople of our
great coimtry who love decency and lib-
erty and Justice and tolerance and un-
derstanding, and for all of us who may
occasionally disagree with him. He has
a really big, generous heart. That is
what Is on that flag, Everett. I hoste
you take that memory with you. And we
wish you a very happy birthday.

Mr. HICKENLOOPER. Mr. Presl-
dmt, I rise with some humbleness to join
in congratulating our distinguished
leader of the minority. I say I do so
rather himibly, becatise in years Everett
is somewhat my senior. Tlierefore, as
a man yoimger than he. I approach my
congratulations to him with some trepi-
dation and with the hestiatlon of youth
approaching greater age and maturity.

To get down to speciflcs, Everett is in-
deed my senior in years. I believe, by 4
months. Nevertheless, I claim that jun-
ior status, and wiU do so as long as I can,
and wlU hold on to those Junior years.

Seriously, I have enjoyed and bene-
flted In my association with Everett
I>iRKSEN for a good many years.

I will not repeat what has been said,
but I join in the statements of other
Senators who have called attention to
Everett Dirksen's tremendous capac-
ity, his breadth of understanding of the
problems that confront him, and his
courtesy and consideration for his fellow
men and associates.

I believe that one of the outstanding
things that has endeared Everett Dirk-
sen to Democrats and Republicans alike
is the fact that he acts iwlitically and
personally without guile. He is not a
conspirator in his methods or actions or
in his thinking. He is vigorous and
frank and powerful in advancing his
ideas and the things which he supports.
All this adds up to the tremendous con-
fidence which members of his own party
and of the Democratic Party have in
Everett Dirksen as a man and as a po-
litical leader.

II

220

CONGRESSIONAL RECORD — SENATE

January 5

H

.)

We have congratulated Evemctt Dirk-
8>x before on his birthday. We aU look
forward to congratulating him repeated-
ly in the years to come. We. on the
Republican side, look forward to the
continuing inspiration of his leadership
and to our continuing truat and confi-
dence in him. which are well merited,
so far as his piloting the affairs of the
Republican Party in the Senate smd in
the Nation are concerned. I know we
can look forward to continuing coopera-
tion and confidence in him by us, by our
Democratic friends on the other side of
the aisle, and by those in the covmtry
who respect and admire and appreciate
his leadership.

Without further taking the time of
the Senate, I wish to close by saying
again to Everett: Congratulations, long
life, and many happy returns of the day,
and all of the best to you and yours.

Mr. MORSE. Mr. President, I wish to
extend to my friend from Illinois, Eves-
ETT DntKSEN, in behalf of myself and
Mrs. Morse, our best wishes for many
happy birthdays. I wish to say to
Everett Dtoksek that oiu* association
has been of many years standing. Al-
though we have found ourselves on op-
posite sides on many issues, our personal
friendship has always been a close one
and one that I highly cherish.

Mr. LAUSCHE. Mr. President, I wish
to Join with other Senators in paying
tribute to the distinguished minority
leader [Mr. DirksenI who yesterday
celebrated his 65th birthday anniver-
sary.

Recognizing his incomparable ability
to present an issue lucidly and forcefully
on the Senate floor and on the public
platform: recognizing also his geniality
and his ability to engage in vigorous de-
bates without being offensive; recogniz-
ing also his natural proneness not to
exhibit a martyrdom when he does not
succeed In the advocacy of his cause;
and recognizing other sterling qualities
which he possesses, I direct my remarks
to what I believe to be his monumental
forte.

I have observed his conduct as minor-
ity leader for 2 years. I have watched
carefully the course that he chose. I be-
lieve I can say with certainty that there
is not a Member of the Senate who has
so frequently advocated what he be-
lieved to be the right cause, although It
was the unpopular cause. To support
the right cause when it is impopular re-
quires strong character and great cour-
age. To support the right cause, which
is also the popular cause, is a simple un-
dertaking in the performance of one's
legislative duties.

In my opinion, not a single Member of
the Senate, so frequently as the dlstln-
quished Senator from Illinois, has stood
fearlessly and courageously in the ad-
vocacy of causes which he believed were
right, even though he knew that they
were politically unacceptable. The
strength of our country politically must
be rooted in that tjrpe of public service.
On this 65th anniversary of the birth
of Senator Dxrksen, I merely say to him
that he can, with pride, look back upon
his last year's service and that of the
year before, knowing that he has not

chosen the expedient course, but that he
has tried to serve his fellow man in a
maimer which would insure the perpe-
tiUty of our country.

The distinguished Junior Senator from
Texas [Mr. Blakley] Joins with me in
offering these congratulations to the dis-
tinguished Junior Senator from Illinois
[Mr. Dirks EN].

INAUGURATION

The PRESIDING OFFICER (Mr. Moss
in the chair) . The Chair lays before the
Senate House Concurrent Resolution 1,
which the clerk will read.

The legislative clerk read the concur-
rent resolution (H. Con. Res. 1) as fol-
lows:

Resolved by the House of Representative*
(the Senate concurring) . That effective from
January 3, 1961, the Joint committee created
by 8. Cton. Res. M, of the Eighty-sixth Con-
gress, to make the necessary arrangements
for the Inauguration of the President-elect
and Vice President-elect of the United
States on Uie SOth day of January 1961, la
hereby continued and for such purpose shall
have the same power and authority as that
conferred by such 8. Con. Res. 92, of the
Blgbty-sixtb Congress.

Mr. PASTORE. Mr. President, the
concurrent resolution merely provides
for the continuation of the Joint com-
mittee to make the necessary arrange-
ments for the inauguration of the Presi-
dent-elect and Vice President-elect of
the United States. I move the adoption
of the concurrent resolution.

Mr. JAVITS. lix. President, I should
like to be heard upon that motion. I be-
lieve that under the rulings which have
been made by the Chair action on the
concurrent resolution would be the
transaction of business and might very
well prejudice the controversy which the
Senate Ls having about the rules. At
least, that is what the Chair has ruled.
So I suggest to the movant that if he
wishes to go forward with this matter
at this particular time, at least the rights
of the pi"Oponents of the motion which
is the pending business may be protected.

Mr. PASTORE. Mr. President, a par-
liamentary inquiry.

The PRESIDING OFFICER. The
Senator from Rhode Island will state it.

Mr. PASTORE. Do I correctly imder-
stand that action on the ccmcurrent res-
olution would be considered business
which would Impede or interfere at all
with the rights of the proponents of the
motion to change the niles?

The PRESIDING OFFICER. The
Chair rules that the concurrent resolu-
tion may be considered as a part of
morning business under the exception,
and will not affect the status of the An-
derson resolution or prejudice its con-
sideration under the rulings made by the
Vice President.

Mr. JAVITS. Mr. President, will the
Senator further yield?

Mr. PASTORE. I yield.

Mr. JAVITS. Does that Include also
the Huraphrey-Kuchel resolution? The
Chair mentioned only the Anderson
resolution.

The PRESIDING OFFICER. The
Chair includes all the pending resolu-
tions which are in the same category.

Mr. JAVITS. I thank the Chair.
The PRESIDING OFFICER. Is there
objection to the consideration of the
concurrent resolution?

There being no objection, the ooncur-
rent resolution (H. Con. Res. 1) was
considered and agreed to.

Mr. RUSSELL. Mr. President. I think
the Senate should be apprised of the
fact that we had another ruling, exactly
opposite in effect, made by the distin-
guished Senator from New Hampshire
[Mr. Cotton] on yesterday, when he
was the occupant of the chair. Of course
one can pay his money and take his
choice, as regards those two rulings; and
I have already said to the present dis-
tinguished occupant of the chair [Mr.
Moss] that in the light of the fact that
the Vice President of the United SUtes
has no hesitation m undertaking to
declare one of the rules of the Senate
unconstitutional, the present distin-
guished occupant of the chair, the Sena-
tor from Utah, might approach without
trepidation the task of overruling the
finding made yesterday by the distin-
guished Senator from New Hampshire
[Mr. CoTTOK] when he was in the chair.
I do not know that the matter is quite
that simple, however. It would have
been in the old days when the Senate
made Its own rules, and before the Vice
President could suggest rules and pre-
scribe them for the guidance of the Sen-
ate. This IB a complicated day. It may
be that we should get a machine similar
to one of those which was used at the
political conventions and to establish
election trends. I heard about them on
the television — machines into which
were fed certain samples of votes. Into
the machines a certain percentage of
votes were fed, and the machines would
grind them for a while, and then would
arrive at a prediction that the manufac-
turers of the instrument thought would
be exactly correct. I have not pursued
the matter far enough to know whether
the machines Justified these claims, but
perhaps in this situation we should get
a machine of this nature to make rules
for the Senate. To me It would be as
logical and proper to feed into such a
machine copies of Robert's Rules of Or-
der, .Reed's Manual of Parliamentary
Law, Vice President Nixoh*8 prescrip-
tion declaring one of the Senate rulae
imconstitutional. and five theses, froon
high school sophomores, on what should
be the rules of the Senate, and let the
machine work on them and finally roll
out a result and adopt it as a rule as it
would be to permit the Vice President to
devise the rules and direct the proee-

dures of this great body.

The PRESIDINO OFFICER. Hie
hour of 2 o'clock has arrived : and morn-
ing business is closed.

Does the Senator from Georgia enter
obJeotl(Hi to the unanimous-consent re-
quest in regard to the resolution?

Mr. RUSSELL. Oh, Mr. President. I
understand the resolution had been
ad(H;>ted.

The PRESIDINO OFFICER. Very
well; that was also the understanding of
the Chair. But the Chair did not know
whether he haA cut off the Senator from
Georgia.

II

1961

CONGRESSIONAL RECORD — SENATE

221

Mr. RUSSELL. Oh, no: I would have
unhesitatingly apprised the Chair of
that, if he had. I was merely making an
observation in the morning hour.

AMENDBffENT OF THE CLOTURE
RULE

The PRESIDING OFFICER. The
question now is on the Humphrey-
Kuchel substitute to Senate Resolution 4.

Mr. RUSSELL. Mr. President, let me
ask how that got to be the pending busi-
ness.

The PRESIDING OFFICER. It was

the pending business; but the morning
hour, by unanimous consent, intervened.
The question now is on agreeing to the
motion to take up the Anderson resolu-
tion. Senate Resolution 4, as modified.

Mr. RUSSELL No. Mr. President; I
respectfully challenge that ruling. The
landing business is the motion to proceed
to the consideration of that resolution.

The PRESIDING OFFICER. Yes, it is
a motion to take up.

Mr. RUSSELL. Tes, a motion to pro-
ceed to the consideration of the resolu-
tion. The resolution is not yet the pend-
ing business.

Mr. ROBERTSON obtained the floor.

Mr. DIRK8EN. Mr. President, will
the Senator from Virginia yield?

Mr. ROBERTSON. I yield.

Mr. DIRKSEN. I promised the Sena-
tor from Georgia that I would ask for a
live quorum. Tlierefore, I now suggest
the absence of a quorum.

BIRTHDAY CONGRATULATIONS TO
SENATOR DIRKSEN

Mr. MANSFIELD. Mr. President, will
the Senator from Illinois yield?

Mr. DIRKSEN. I yield.

Mr. MANSFDZJS. I do not wish to
embarrass the Senator from Illinois, but
I wish to get In ray two bits worth on the
subject of the olrthday of the distin-
guished minority leader.

Mr. DIRKSEN. Oh, I am sorry ; then
I withdraw the suggestion of the absence
Of a quorum. [Laughter.]

Mr. MANSFIELD. Mr. President, I
am not sorry at all; I am delighted to
have this oppoitunlty to state publicly
what I have said many times in private —
that I think the Senator from Illinois is
a distinguished leader of his party in this
body. I have known him for almost two
decades, in both the House and the Sen-
ate. I have a high regard for his integ-
rity and his ability; and once he gives
you his word, it is as good as gold — or, at
least, as good as gold used to be.
[Laughter.]

So. Mr. President, for me it is an honor
and a privilege to participate with my
colleagues on both sides of the aisle in
paying tribute to one who served his dis-
trict well while he was in the House of
Representatives, and has served his State
of Illinois well, and has ser\ed his party
well, and has served his coimtry well.
On this momentous occasion, I extend to
him my felicitations.

Mr. ROBERTSON. Mr. President. I
wish to Join in the tributes paid to our
distinguished colleague, the Senator
from Illinois [Mr. Dirksbm]. I endorse

all the things which other Senators al-
ready have said about him. I did not
extend my remarks at that time, be-
cause I had planned to speak on another
subject. I had yielded to the distin-
guished minority leader, who said he
was going to suggest the absence of a
quorum. I wish the record to show that
the Senator from Illinois made that sug-
gestion for the benefit of the Senator
from Georgia [Mr. Russell], not for the
benefit of the next speaker. [Laughter.]

Mr. TALMADGE. Mr. President, will
the Senator from Virginia yield to me,
if it is a!i:reed that in yielding to me
he will not lose his right to the floor?

Mr. ROBERTSON. I yield.

Mr. TALMADGE. Mr. President, I de-
sire to Join my colleagues in the Senate,
those on both the Democratic and the
Republican sides of the aisle, in express-
ing congratiilations and best wishes to
the able and distinguished minority
leader, the Senator from Illinois [Mr.
Dirksen].

It was my pleasure first to meet Ever-
ett Dirksen when I was chief executive
of my State. He came to Atlanta. Ga.,
after he had retired from the House of
Representatives but before he was
elected to the Senate to make a speech
on public safety. That Is not a very
Inspiring subject even for one who pos-
sesses the oratorical ability of the able
and distlngxiished Senator from Illinois.
But that evening I listened to him with
amazement and was greatly impressed
by the manner in which he was able to
maintain the Interest of the entire audi-
ence for the entire evening.

As a Member of the Senate I have
come to know him much better and I
know that he always knows what he is
talking about. He does not speak idly,
on the floor of the Senate or anywhere
else. He speaks with great eloquence
and erudition. He possesses one of the
greatest oratorical talents of our coim-
try's history.

I desire to Join with those who have
congratulated him on his birthday; and
I wish for him many, many more to
come.

AMENDMENT OP THE CLOTURE
RULE

Mr. ROBERTSON. Mr. President

Mr. DIRKSEN. Mr. President, will
the Senator from Virginia yield to me?

Mr. ROBERTSON. Yes, Mr. Presi-
dent; with the understanding that I
shall not lose the floor. I now yield for
the suggestion of the absence of a
quorum.

Mr. DIRKSEN. Mr. President, with
the understanding that the Senator from
Virginia will not lose the flooi- because
of yielding to me for this purpose, I now
suggest the absence of a quorum.

The PRESIDING OFFICI31 (Mr.
METCALr in the chair). Without objec-
tion, it is so ordered; and the clerk will
call the roll.

The legislative clerk called the roll,
and the following Senators answered to
their names:

[No. 3]

Aiken BesU Boggs

Allott Bennett Bridges

Anderson Bible Burdlck

BarUett Blakley Bush

Butler

Byrd. Va.

Byrd.W. Va.

Cannon

Carlson

Carroll

Case. N.J.

Case. 8. Dak.

Chavez

Church

Clark

Cooper

Cotton

Curtis

Dirksen

Dodd

Dotiglas

I>worshak

Kastland

EUender

Bngle

Ervln

Pong

Pulbrlght

Ooldwater

Oore

Omening

Hart

Hartke

Hayden

Hlckenlooper

Hickey

HUl

Holland

Hruska

Hiimphrey

Jackson

Javlts

Johnston

Jordan

Keating

Kefauver

Kerr

Kuchel

Lauscbe

Long, Mo.

Long. HawaU

Long, La.

Magnuson

Mansfield

McCarthy

McClellan

McOee

McNamara

MetcaU

Miller

Monroney

Morton
Moss

Mundt

Muskle

Neuberger

Past(n«

PeU

Prouty

ProznUru

Randolph

Robertson

Russell

Saltonstall

Schoeppel

Scott

Smathers

Smith. Mass.

Smith, Maine

Sparkman

Stennis

Symington

Talmadge

Thurmond

WUey

Williams, N J.

Williams. Del.

Yar borough

Young. N. Oak.

Young, <Miio

Mr. KUCHEL. I announce that the
Senator from Indiana [Mr. CapxhartI
is absent because of illness.

The PRESIDING OFFICER. A
quorum is present.

The Senator from Virginia may pro-
ceed.

Mr. ROBERTSON. Mr. President, I
am glad that the Jvmlor Senator from
Arkansas had Inserted In the Record
this morning an article by a distin-
guished columnist, Mr. Walter Lippmann.
which appeared today. Mr. Lippmann
is a student of government, and is highly
regarded in the Nation for his observa-
tions on governmental affairs. His
article, published today, supported the
position taken by the Junior Senator
from Virginia, and others, that rules
which require more than a bare ma-
jority are very proper In the U.S. Sen-
ate.

Mr. President. I wish to speak briefly,
not on the motion to take up the pro-
posal to change the rule, but on the
merits of what is Involved in the proposal
to change the rule to shut off debate.
My contention is that no change in rule
XXn is necessary.

In 1957 a number of proposals were
made to change the rules. They fol-
lowed the usual course, vmder the Re-
organization Act, which provides that
when a bill or resolution is introduced.
It shall go to a committee. That is the
language of the Reorganization Act.
Those resolutions went to the Commit-
tee on Rules and Administration. There
were 350 or 400 pages of testimony had
on those proposed rule changes.

But the Congress did not see flt to go
beyond the compromise which we pro-
vided 2 years ago — that the previous
cloture rule, which had required a two-
thirds vote of the entire membership,
should be limited to two-thirds of those
Senators present and voting.

History will show that no major leg-
islation which our Nation really wanted
has ever been prevented from passage by
reason of too extended debate. Some
who have felt that they were very cor-
rect in proposing something, impatient
of any delay, have criticised the rules
of the Senate, which give to all of us an
opportunity to be heard. Seldom do we
take adv8mtage of such opportunities,

«

I

222

CONGRESSIONAL RECORD — SENATE

Janvjary 5

\:

but I wish to read what Mr. Lippmann
said concerning the necessity for that
nile:

In my Tlew it i« Important, Indeed vital
to our UbertlM. to preaenre the principle
that for great IsBuea, for iMuea that affect
deeply great regions or sections of the Na-
tion, there should be required more than a
simple majority. For we must never forget
that majorities are not always liberal and
that they may be quite tyrannical. It U, I
have always thought, a short view of history
to equate simple majority rule with the de-
fense of the clvU rights of Negroes. The
civil rights of all Americans will be safer
if within the Senate, which represents the
FMeral principle, we do not give absolute
power to simple majorities.

Mr. President, on January 4, 1957, the
distinguished Vice President ruled that
the Senate was not a continuing body;
therefore, we met without any rules at
all. Fortunately, last Tuesday he re-
versed that position and ruled that the
Senate is a continuing body.

On January 8, 2 years ago, I spoke
quite at length on the subject, to show
that frcan the days of the presentation
of the Constitution in the Federalist Pa-
pers throughout our history it has al-
ways been held that the Senate is a
continuing body, and that there were
two decisions of the U.S. circuit court of
appeals holding that the Senate was a
continuing body. In corollary cases in-
volving boards which held over frOTi
year to year — as the Senate does, since
only one-third of the Members are up
for election every 2 years — the State
courts ruled, as the Federal courts ruled,
that those boards were continuing
bodies.

I am glad It Is not necessary now for
me to argue, or for anybody who is op-
ixxsed to changing the rules to argue, the
fact that the Senate is a continuing body.
If it is a continuing body. Mr. President,
of course, the rules continue until they
are changed in accordance with the way
the rules are in the Senate.

I am sure Senators observed the nil-
ing of the distinguished Vice President
last Tuesday, when he said the Ander-
son motion to change the rules could
not be considered that day because, un-
der the rules of the Senate, when a
motion is made to change the rules the
Senate has to be given notice in writing
for 1 day of the proposal to change the
rules. The Anderson motion could only
be construed as a motion to change the
rules, which could not be, under the
rules, acted upon until the next day.

I shall not go fvuther into these vari-
ous efforts to say that we have rules and
that we do not have them, to say that
the Senate under the Constitution has
a right to fix its own rules and then to
say that under the Constitution the Sen-
ate does not have the power to fix a rule
which would prohibit a simple majority
from doing whatever it pleased at any
time it pleased.

AU through our rules we have cer-
tain things which have to be observed. I
have invited attention to the provisions
of the Reorganization Act of 1946, which
says, "bills and resolutions shall be re-
ferred."

One cannot get together a simple ma-
jority, have a Member introduce a bill

and send It to the desk, and have a ma-
jority vote to say, "We will vote on the
bill today." No. Under the rules of the
Senate the bill has to go to a committee.
If one obtains unanimous consent, that
is sometliing else, but if there is cme ob-
jection there is a rule which must be
followed, and the bill must go to a com-
mittee.
We find that all through the rules.
What I wish to discuss today primarily
is that the rule providing for a two-
thirds majority of those Senators pres-
ent and voting in order to shut off and
close debate is very necessary, in keep-
ing with the fundamental purposes of
the Senate, which was created by the
Founding Fathers as a brake upon hasty
and perhaps ill-advised action by the
House of Representatives.

As I have indicated. Mr. President,
since it is now agreed that the Senate is
a continuing body — we, of course, con-
tend if it is a continuing body all of the
rules are in effect, and not all of the rules
except rule XXII — we then come down
to two questions. First, there is the
question of whether, even if the Senate
is a continuing body and its rules carry
over to the next Congress, the rules ap-
plying to amendments to rules neverthe-
less do not carry over. Second, there is
the question whether as a matter of sub-
stance the Senate rules should be
amended to permit cloture by less than
is provided in the present rule, two-
thirds of those Senators present and
voting.

Mr. President, the constitutional Issue
is not too easy to grasp. Paragraph 2 of
section 5 of article I provides:

Each Hoiise may determine the RxUee of its
Proceeding, pimlah its Members for dis-
orderly Behavior, and. with the concurrence
of two thirds, expel a Member.

As our distinguished leader from
Georgia IMr. RussillI has repeatedly
pointed out, that constitutional provi-
sion gives us absolute power — absolute
power — to determine our own rules. No
court can take it away from us. No
Presiding Officer can take it away from
us. We have the power to do this, and
we have exercised it in numerous ways
throughout our book of rules, laid down
first by that great Virginian, Thomas
Jefferson, when, as Vice President and
Presiding Officer, he felt it necessary to
formulate some rules for the guidance
of this distinguished body. We have had
them ever since. Whenever we wish to
amend them, we can amend them. We
can provide in those instances other
than when the Constitution requires a
two- thirds majority— for the ratification
of treaties, the impeachment of Mem-
bers, and so forth — that a majority can
do anything it pleases, if that is what
we wish to do.

Mr. TALMADGE. Mr. President, will
the Senator yield at that point?

Mr. ROBERTSON. I am glad to yield
to my colleague from Georgia.

Mr. TALMADOE. I desire first to read
a provision of the Constitution. The
Senator may have quoted it already, but
for the purpose of emphasis I shall read
It again as a preface to my question. I
read from the Constitution, article I, sec-

tion 5, as found on page 506 of the Rules
and Manual, U.S. Senate:

Bach House may determine the Rulee of its
Proceedings, punish lU Members for dis-
orderly Behavior, and, with the concurrence
of two thirds, expel a Member.

I ask the Senator from Virginia
whether we have not made our rules pur-
suant to that provision of the Consti-
tution?

Mr. R0BEF.T80N. We have; and we
have said that when it comes to ending
debate, it cannot be done by a simple
majority, but we must have a majority
of two-thirds of those present and vot-
ing.

Mr. TALMADOE. Mr. President, will
the Senator yield further?
Mr. ROBERTSON. I yield.
Mr. TALMADGK Ddes not that con-
stitutional authority give the Senate
power to make any rule it sees fit?

Mr. ROBERTSON. Absolutely, except
where the Constitution provides that we
cannot ratify a treaty with less than
two-thirds or we cannot impeach a
Member with less than two-thirds.

Mr. TAIiMADOE. In other words, if
a proposed rule is not in conflict with
the Constitution, it is not unconstitu-
tional?

Mr. ROBERTSON. We can make any
rule we please.

Mr. TALMADGE. Is there any way In
which the Senate could make an uncon-
stitutional rule unless it conflicted with
some provision of the Constitution?

Mr. ROBERTSON. The Senator from
Virginia has already pointed out that no
court could take away that privilege
from us and no Presiding Officer could
take away that privilege from us. The
Constitution gives the privilege abso-
lutely to the Senate.

Mr. TALMADGE. Under that power
the Senate could make any sort of rule
it saw fit, no matter how ridiculous U
might be, and it would still be consti-
tutional, would it not?
Mr. ROBERTSON. Absolutely.
Mr. TALMADOE. If the Senate de-
cided to meet every morning at 3 : 39 ajn.
in bathing suits, would it not be consti-
tutional?

Mr. ROBERTSON. It would be a little
difflcvilt, but it would be constitutional.

Mr. TALMADGE. It might be unrea-
sonable but it would be constitutionAl,
would it not?

Mr. ROBERTSON. Absolutely.
Mr. TALMADGE. In fact, any rule
which the Senate made subject to the
Constitution would be constitutional,
would it not?
Mr. ROBERTSON. Absolutely.
Mr. TALMADOE. Does the Senator
from Virginia understand that even a
lameduck Presiding Officer cannot pre-
scribe what is and is not a constitutional
rule of the Senate?

Mr. ROBERTSON. I should like to
echo that view.

Mr. TALMADGE. I commend the
Senator for his brilliant speech. His
view is my view of the Constitution of
the United States. It is not only my view,
but it is the words of the Constitution of
the United States, and I will not sur-
render to any Presiding Officer, Demo-
cratic or Republican, whether he may be

1961

CONGRESSIONAL RECORD — SENATE

223

t

the Vice President of the United States
or the most recent freshman Member of
this body, the power to write rules of the
UJ3. Senate when the Constitution gives
that power to this body.

Mr. ROBERTSON. My colleague is
absolutely cornet. I agree with him 100
percent. I share the hope of our dis-
tinguished majority leader, with all due
deference to our eloquent and distin-
guished whip, and to the distinguished
Senator from New Mexico [Mr. Anosr-
soNl, who offered the first amendment,
that we will not be plunged into a fili-
buster over a change in the rules for
which there is no necessity. In any
event, we could change the rules later in
the session as we have always had the
right to do in the past.

Mr. HUMPHREY. Mr. President, wiU
the Senator yield?

Mr. ROBERTSON. I yield.

Mr. HUMPHREY. I assure the Sena-
tor that if he wishes to filibuster, all we
have to do is to vote on the proposed
rule changes. A filibuster is an act of
volition. It is not an act of God or even
an act of the Senate. We can prevent
a filibuster by coming to an agreement on
time, as to how much time we ought to
consimie in discussing these particular
measures. Tbe desire of the Senator
from Minnesota — and I beUeve I speak
for the Senator from New Mexico [Mr.
AkdusonI on this subject — is merely
that the Senate shall exercise its powers
in designing its rules.

Mr. ROBERTSON. The Senator from
Virginia has already pointed out that we
can do many things by unanimous con-
sent, but it is luiique in the formation of
the United Spates that not only does
every State have an equal voice here —
Arizona has as big a voice as does New
York or Texa:, — but there are only two
Senators from each of these States who
can speak for those States. It Is their
sworn duty to do so, and they cannot
sit idly by if they think the rights of
those States are being sold down the
river, and say. "We do not want to delay
procedures. We are going to be friendly
and cooperative. We are not going to
take advantage of the rules of the Senate
that permit us to debate these issues.
We are not going to carry out our sworn
obligation to stand up for the right of
our States. We are going to yield to
Members from other States, who have a
different political philosophy, who think
they see a good which we think is a
harm." We should not say, "We are
going to be agreeable. We virill not
debate."

Mr. President, we may call It what we
please, but southern Senators feel very
deeply that the kesrstone of the arch of
the Federal Government was the union
of sovereign States, and that therefore
our most precious constitutional right is
the one that is spelled out in the 10th
amendment, that all powers which are
not delegated to the Central Government
remain with the States or the people
thereof.

Therefore, when we feel that the sov-
ereign rights of our States are being nul-
lified and trampled upon, it Ls our sworn
duty to sit here and fight as long as we
possibly can.

Does the Senator from Minnesota
challenge that statement?

Mr. HUMPHREY. I do not challenge
it.

Mr. ROBERTSON. The Senator from
Virginia has heard the Senator from
Minnesota make eloquent speeches for
the rights of Minnesota, and some of the
speeches have not been so short.

Mr. HUMPHREY. I assure the Sen-
ator that I am very much in the same
frame of mind as is the Senator from
Virginia. The rules of the Senate are
intended to be used. They are intended
to be used for the causes in which one
believes. I have never been personally
critical in the sense of any derogation
of my colleagues as they use the rules of
the Senate to protect what they beUeve
are their rights, the rights of their peo-
ple and the rights of the States they
represent. My only point is Uiat if dur-
ing those discussion? a majority of our
colleagues — and a majority can change
the rules of the Senate, as has been in-
dicated— wish to modify the rules of the
Senate, I should like the privilege of
making my presentation as to the modi-
fications I think are desirable. That is
what the debate is about.

I have long been one of the admirers
of the Senator from Virginia on many
issues, and I believe that some of the
greatest work in tht Senate has been
performed by Senators who come from
what is called the southern part of the
United States. So far as I am person-
ally concerned. I do not think in terms
of South, North. East or West. Frankly,
I think every part of this country is a
great part of America and is well repre-
sented in the Senate. The Southern
States are represented in the Senate by
Senators of their choice.

I commend the Senator on the vigor of
his argument. I commend him on the
willingness he exhibits to press this
argument, and I assiu'e him that while
some of us may hold different views,
those views will never be abusive, and we
will attempt to find a reconciliation of
those views.

Mr. ROBERTSON. I appreciate that
attitude. The Senator from Virginia
was tr>-ing to make clear that we feel a
great constitutional question is involved.
We feel that a very fundamental right of
our sovereign States is involved here
which we cannot compromise, and we
cannot grant away simply to faciUtate
consideration of what might be called
a program of new frontiers for new legis-
lation facing our Nation in a critical
time. If there are those who Insist, at
the start of the session, on treating this
body as no longer a continuing body, or
who rely upon some ruling of the Chair
which we feel is absolutely without any
foimdation in law, the Constitution, or
any known rules, then they must not
criticize us if we insist upon trying to
protect the rights of our constituents,
even though we are in a great crisis.

We face such a crisis. Make no mis-
take about it. We face a crisis abroad
in at least five places in the world where
war could break out at any moment.
We face it in the fiscal affairs of the
Nation. Without any new spending
schones, we are told the. deficit of our

NaticHUtl Government in the fiscal year
1962 will be $7 Mllion. We know that
there is nearly a $20 billion demand
against $18,200,000 in our supply of gold.
We must prevent inflation at hfxae. We
have to take steps to meet the threat of
ocwnmunlsm in the various parts of the
world.

Mr. SMATHERS. I thank the Sena-
tor for yielding. I merely wish to ask
him this question. Has it not been
stated by the newly elected President and
by the newly elected Vice President that
the legislative program which they have
enunciated, and which is embodied in
the New Frontier program, has to do with
a depressed-area bill, a bill for the medi-
cal care of the aged, a bill involving mini-
mum wage, a bill involving housing pro-
grams, and a bill for school construction?
My point is this: Is it not a fact that
every one of those programs which the
newly elected President has said he must
have has been already fully debated
on the fioor of the Senate, under exist-
ing rules?

Mr. ROBERTSON. There is no ques-
tion about it. They were debated imder
existing rules. Some of them have been
fully debated. We have already passed
the school construction bill. Of course
that was hung up in conference. Medi-
cal care was paissed in modified form.
All those measures were debated under
the present rules.

Mr. SMATHERS. Is it not logical to
assume that in order to get the so-called
administration program through there
is no need for any change of the rules?

Mr. ROBERTSON. Absolutely not.
The Senator is absolutely right about
that. There is nothing in the so-called
crash program that requires it, unless it
be an FEPC bill, and that will not go
through anyway.

Mr. SMATHERS. That has not, so
far. been made a part of the announced
program embodying the New Frontier.

Mr. ROBERTSON. I do not expect
it to be announced as a part of it until
we have acted on the other matters,
because if and when that is announced,
it will start a real fight.

Mr. SMATHERS. In bringing this
particular debate up at this time, all that
it seems to do is to accentuate the dif-
ferences within the Democratic Party,
and regrettably so. and makes it even
more difficult to pass the program which
the newly elected President wants to
have passed. Is that not correct?

Mr. ROBERTSON. My friend from
Florida is speaking for the leadership. I
concur in what he has said. The leader-
Ship has appealed to the majority: "Let
us postpone until the regular order pro-
ix>sals to change the rules. Let them
go over, as they did in 1957; let them
go to the Rules Committee, where testi-
mony can be taken. Let us get ahead
with the urgent legislative program that
we need to deal with the problems that
face the Nation." That is what the
leadership has asked us to do.

Mr. SMATHERS. I must say that I
speak only for the junior Senator from
Florida.

Mr. ROBERTSON. Well, the Senator
from Florida is one of our leaders.

Mr. SMATHERS. But in this particu-
lar matter I must in all candor say I

[

1

il

'4

i

224

speak only for myself. There are other
leaders who have other views about It.
My own Judgment is that If we are In-
terested in getting the program through
for the newly elected President, the pro-
gram which he has announced, it will
not facilitate our doing so or It will not
help us by engaging in the move that
is being made to change the rules.

Mr. ROBERTSON. The Senator is
correct, of course, and I wholeheartedly
agree with him. even though I would not
settle the issue on that basis. I would
fight this on principle. The Senator is
also saying that from the standpoint of
what is the real business of the Nation,
from the standpoint of the 6 million un-
employed in our country, and from the
standpoint of the stagnation of our gross
national product it is better for our Na-
tion tl4at we not engage in this action,
even thoiigh some Senators may feel the
rules are absolutely wrong. The rules
are not needed for this development
program. Let the development program
get imderway. Then if Senators wish to
break in on the session, let them break
in with a proposal to change the rules,
and indicate why they believe the rules
should be changed.

Mr. ANDERSON. Mr. President, will
the Senator yield?

Mr. ROBERTSON. I yield.
Mr. ANDERSON. I was interested in
the statement a moment ago about the
desires of the leadership. Has the lead-
ership issued a statement on any of
these resolutions?

Mr. ROBERTSON. It has to me.
Mr. ANDERSON. It has to the Sen-
ator?

Mr. ROBERTSON. Yes.
Mr. ANDERSON. Will the Senator
get such statement in written form, so
that it may be placed in the Rbcor» at
this time?

Mr. ROBERTSON. We imanimously
named the Senator from Montana [Mr.
MAKsriELDl as the majority leader. Is
that not leadership?

Mr. ANI^SISON. Has he issued a
statement with reference to any one of
these resolutions?

Mr. ROBERTSON. He said he
wanted to lay the motion of the Senator
from New Mexico and other motions on
the table, and get ahead with the busi-
ness of the Senate, because he did not
want to take up weeks of this first ses-
sion to debate the changing of the rules,
when the rules are not necessary to be
changed for the enactment of the pro-
gram he wanted to put through.

Mr. ANDERSON. Was that a private
commvmication to the Senator from Vir-
ginia?
Mr. ROBERTSON. It was private.
Mr. ANDERSON. Does not the Sen-
ator frcMn Virginia believe that an im-
portant statement of that nature ought
to be made public by the majority leader
himself?

Mr. ROBERTSON. He told me he
would make a motion to table. How
much more public can that be?

Mr. ANDERSON. He is trying to get
it disposed of expeditiously. He Is op-
posed, naturally, to long-winded discus-
sions.

Mr. ROBERTSON. The Senator frcan
Virginia does not speak for the leader-

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

ship In any way. He Is a southern con-
servative who has been out of touch with
many things that have been done. Be
is in sympathy with what he vmderstands
to be the leadership program not to
change the riiles of the Senate before we
have acted on our legislative program.
The Senator from Virginia cannot say
what the majority leader will say pub-
licly, but the Senator from Virginia un-
derstood, from private conversations,
that the majority leader would prefer
that we postpone action on the proposals
of the Senator from New Mexico and
other Senators, and that he intends at
the appropriate time to move to lay those
proposals on the table.

Mr. ANDERSON. I assure the Sena-
tor from Virginia that I understand the
piocedure very well, because Miree times
a similar motion of mine has been sub-
ject to a motion to table; once by the
Senator from Ohio. Mr. Taft. and twice
by our former majority leader, the Sen-
ator from Texas. Mr. Johnson. Has the
Senator from Virginia ever seen any one
of those proposed rules emerge from
cwrunittee for action in the Senate? In
all the years he has been here, has he
ever seen one of them emerge from com-
mittee?

Mr. ROBERTSON. Two years ago we
changed the rule to provide for two-
thirds of those present and voting in-
stead of two-thirds of the elected
membership.

Mr. ANDERSON. What did the Sen-
ator from Virginia do on that occasion?
Did the Senator from Virginia oppose
the change, or did he want the proposal
to go to the Rules Committee?

Mr. ROBERTSON. To the Rules
Committee.

Mr. ANDERSON. The Senator from
Virginia voted for the Johnson motion
to change the rules.

Mr. ROBERTSON. Oh, well

Mr. ANDERSON. Why did the Sena-
tor do that? Why did he not stand on
his constitutional rights?

Mr. ROBERTSON. That proposal
was better than the one the Senator from
New Mexico was trying to put through.
Mr. ANDERSON. Why did not the
Senator from Virginia stand on his con-
stitutional rights?

Mr. ROBERTSON. We did not want
to be put in the position of making a
long fight, when the Senator from Texas
offered us a much better proposition
than the Senator from New Mexico of-
fered us, or what was offered on the
other side.

Mr. ANDERSON. Then it is not a
question of principle: it is a question of
who offers the best proposal. Is that
it?

Mr. ROBERTSON. We effected a
compromise without a difference, be-
cause experience has shown that no clo-
ture vote would have been different
whether it was by two-thirds of those
elected or two-thirds of those present
and voting. If those who advocated the
change in the rules thought they were
winning a victory, we were willing to
claim a victory, because we knew we
had not lost anything.

Mr. ANDERSON. Then those who
annoimced the great victory were hypo-
criticaL Is that correct?

Mr. ROBERTSON. I did not say

anything about hypocrisy.

Mr. ANDERSON. The Senator said
it was a victory without a difference.

Mr. ROBERTSON. That is from my
standpoint. That is as I see it. I said
the Senator had not won ansrthing from
our standpoint, because I checked the
records on various rollcall votes, and I
saw that nothing would have been
changed under a cloture motion.

Mr. ANDERSON. I agree that it did
not accomplish anything. Does not the
Constitution provide that each House
shall have the right to set up Its own
procedures?

Mr. ROBERTSON. As the Senator
from Georgia I Mr. TalmadoeI has said,
the Constitution provides that each
House may set up its own procedures.

Mr. ANDERSON. I heard the Sena-
tor from Georgia say that any rule the
Senate adopted would be constitutional.
Suppose the Senate said that the Sen-
ators from Virginia may vote three times
on the same question, and that Senators
from the other States may vote only
once.

Mr. ROBERTSON. The Senator from
Georgia did not say that. He said that
we can make any rule provided it is not
In conflict with the Constitution. He did
not go to the extreme which the Senator
has suggested.

Mr. ANDERSON. It would be inter-
esting to examine the transcript of what
has been said.

Mr. TALMADGE. If the Senator
from Virginia will yield, I would like to
say that the Senator from Virginia has
stated the position of the Senator from
Georgia correctly. Of course, the Con-
stitution of the United States grants to
each House of Congress the right to
make its own niles. Any rule the Senate
makes which does not conflict with any
provision of the Constitution of the
United States is constitutional. The
Senate has made its rules. Those rules
have been in effect, as amended from
time to time, for many years. I believe
the last time they were recodified In
their entirety was in 1884. In the last
Congress, as the Senator from New
Mexico and the Senator from Virginia
well know, we amended our rules, and
reduced the requirement for cloture
from two-thirds of the Senators chosen
and sworn to two-thirds of those present
and voting. Furthermore, we inserted
the provision that all the rules would
remain in force and effect until changed
by the Senate in accordance with its
rules.

If they are not the rules of the Senate,
I do not know what are. They are clear.
There is no argument about It. There
is no ambiguity about it. No Presiding
OfBcer, no court, or no one else can say
that these rules were not approved.

Mr. ROBERTSON. Does not that
carry out the constitutional provision for
each State to have two Senators?
Mr. TALMADGE. It does.
Mr. ROBERTSON. Then, to answer to
the question, if the Senate undertook to
say that one State could cast three votes,
that would be in violation of the Consti-
tution, which limits each State to two
Senatora

1#

llr. TALMADGE. Of course it would.

Mr. ANDERSON. The Senator fnxn
Virginia served for a long time in the
House of Representatives, and served
very adequately. Does the House of
Representatives adopt Its own rules at
each session?

Mr. ROBERTSON. It is very mterest-
Ing to note how we get m-ganized. Here
is what the Concressionai. Rkcou for
Tuesday, January 3, IMl, states

Mr. BUTLER. Mr. President, will the
Senator yield for a moment?

Mr. ROBERTSON. Let me quote
what I was about to read :

The 3d day oX January being the day pre-
scribed by the Constitution of the Dnlted
Statee for the annual meeting of Congress,
the Ist session of the 87th Congress com-
menced tlila day.

The Senat* ■■■wnWert In Its ChsmbMr st
th3 Capitol.

RxcHABO U. NuoM, ot California. Vice Pres-
ident of the United States, called the Sen-
ate to order at 13 o'clock m«rUU*ii.

Now I quote from the proceedings of
the House:

Tbta being the day fixed by the 30tb
amendment ot the Conatttotlon for the an-
nual meeting of the Congress of the United
States, the Members -elect of the House of
BepreaentatlTes of the 87th Congress met ta
their Hall, and at 12 o'clock noon were called
to order by the Clerk of the House of Bep-
resentatlves. Hon. lUlph B. Roberts.

They were Members-^ect of the House.
They had not been sworn in. They had
no rules. They had no status except
that they had been certified to be Mem-
bers of the 87th Coogna. All of them
stood np together — Democrats and Re-
publicans alike — and took the oath of
office.

Does not the Senator from New Mexico
remember that when be was a Member
of the House he stood up and took the
oath?

Mr. ANDERSON. Oh. I do. very weH

Mr. ROBERTSON. To support and
uphold the Constitution? Was not that
what we said?

Mr. ANDERSON. That is correct.

Mr. ROBERTSON. Sometimes we for-
get that that is what we said.

Mr. BUTLER. Mr. President, will the
Sefiator yield?

Mr. ROBERTSON. I yield.

Mr. BUTLER. I should like to read
from section 3 of article I of the Con-
stitution :

"nie Senate of the United States shall be
eosnposed of two Senators from each State,
chosen by the Legislature —

And to that phrase I shall refer
later-^

thereof, for six Tears; and each Senator shall
have one Vote.

Mr. ROBERTSON. It was the inten-
tion that each State should have but two
votes in the Senate.

Mr. BUTLER. The first sentence of
the 17th amendment reads:

The Senate of tbe United Stetes shaU be
composed of two Senators from each State,
elected by the people thereof, for six year*;
and each Senator shall have one vote.

So it is perfectly clear that any rule
of the Senate which provided that Vir-
cvn IB

ginia should have three votes and Mary-
land but one would be completely uncon-
stitutional.

Mr. ROBERTSON. I remember a
statement by my distinguished predeces-
sor. Incidentally, since we have been
speaking about the birthday of the dis-
tinguished minority leader. I may say
that January 4 was also the birthday of
my predecessor. Senator Carter Glass.
He was a great man. He used to say that
if the States were ever allowed to have
three Senators, he hoped Casl Hatdcn
would be the third one from Virginia.

Mr. ANDERSON. The Senator be-
Ueves we ought to live up to that part
of the Constitution which provides that
each Senator shall have one vote. Why
does he not believe in that part of the
Constitution which provides that each
Chamber has the right to adopt its own
rules? That was the statement by the
Vice President the other day. What Is
wrong with that? Why does not the Sen-
ator from Virginia accept all parts of the
Constitution?

Mr. ROBERTSON. I do accept all
parts of the Constitution.

Mr. ANDERSON. Oh, no; the Sen-
ator from Virginia does not want to have
the Senate to have the right to adopt its
own rules.

Mr. ROBERTSON. Oh, no.

Mr. ANDERSON. Oh. yes.

Mr. TALMADGE. Mr. President, wUl
the Senator yield?

Mr. ROBERTSON. I yield.

Mr. TALMADGE. Has not the Senate
made its rules?

Mr. ROBERTSON. Of course it has.

Mr. ANDERSON. No; it has not.

Mr. ROBERTSON. We made than
years ago and again 2 years ago. We
are a continuing body. When the Sen-
ator from New Mexico and I were sworn
in. two-thirds of the Members of the
Senate were not sworn in. By what au-
thority did the Senate start to operate?
Those Senators who were not sworn in
had no status, then, if the Senate was
not a continuing body.

Mr. MANSPIELD. Mr. President, win
the Senator yield?

Mr. ROBERTSON. I yield.

Mr. MANSFIELD. I understand that
while I was out of the Chamber, a state-
ment was made that I planned to move to
table the resolution at the proper time.
I did not know that I was going to move
to table these resolutions, but I can say
that I am sure that some Member of the
Senate will move to table them at the
proper time. I simply wanted the
record to be clear.

Mr. ROBERTSON. The Senator fnmi
Virginia will accept, of course, that mis-
imderstandlng of that part of the state-
ment; but the Senator from Virginia
said he could not speak for the leader-
ship. We had unanimously elected the
Senator from Montana [Mr. MAirsFntLDl
to be our leader; and I imderstood that
our leader wanted to end this debate and
proceed with the business of general leg-
islation, which does not invcdve any rule
change at all. Is not that correct?

Mr. MANSFIELD. The Senator frcnn
Virginia is correct in what he has Just
said. It is the hope of the leadership that
we may conclude the debate on these

resolutions within a reasonable period
of time and then to proceed with the
business of the program of Uie President-
elect.

Mr. ROBERTSON. But we propose to
do it under the rules; and I presume that
at an appropriate time some Senator will
move to lay the whole business on the
table.

Mr. MANSFIELD. That is my as-
sumption.

Mr. ROBERTSON. Then we under-
stand each other.

Mr. ANDERSON. Oh, yes; definitely
we und^-stand each other. I was only
trying to point out to the able Senator
from Virginia that if he is willing to take
one section of the Constitution, then
probably all sections are all right, and
the Senate might adopt its rules of pro-
cedure by a majority vote. The argu-
ment is made, for instance, that the rul-
ing of the Vice President was not sound
when he said that that could be done by
majority vote.

Mr. ROBERTSON. I do not agree
with the construction the Senator from
New Mexico places on the Constitution.
I pointed out that we have rules; and if
they are to be changed, they ought to be
changed in accordance with the rules.

The point I wish to emjrtiaslze, a point
I thought the distinguished Senator from
New Mexico was trying to make clear,
was that the leadership had taken no
position against him.

Mr. ANDERSON. Oh. no.

Mr. ROBERTSON. The leadership
does not want the Senator's motion
adopted right now.

Mr. ANDERSON. I told the Senator
I was case hardened to this procedure,
having been through it three times.

Tbe paragraph in the Constitution
which relates to this rule reads:

Each House may determine the Rules of
Its Proceedings, punish its lionbers for dis-
orderly BefaATlor, and. with the Concurrenoa
of two thirds, expel a Member.

If the writers of the constitution had
wanted to have a two-thirds vote on the
changing of the rules, why did they not
apply It to the whole section? Why did
they apply it simply to the expulsion of
a Member?

Mr. ROBERTSON. Because one of the
virtues of the Constitution is that its
drafters never went into details except
where it was absolutely necessary.
There was no restriction with respect to
details. There is nothing ta the Consti-
tution which prohibits agreements by the
Senate on a rule requiring more than a
majority of a quorum.

So far as vhe House is concerned,
where the previous question can be
moved, where there is clearly majority
rule all the time, they provide for the
two-thirds rule on the expulsion of
Members. But there Is no further pro-
hibition on the Senate with respect to
a two-thirds vote on ansrthing except as
provided with respect to the ratification
of treaties.

Mr. ANDERSON. Did the Senate of
the United States ever have the right to
move the ixrevious question?

Mr. ROBERTSON. Not that I can re-
caU.

»rr]

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1961

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227

M,

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Mr. ANDERSON. The Senator had
better look up his history. I think he
will find that it did have such a right.

Mr. RUSSELL. There is no question
that in the First Congress the Senate
had a rule on moving the previous ques-
tion.
^ Mr. ANDERSON. And later than

that.

Mr. RUSSELL. Perhaps through the
Second Congress, too, they had the nile
on the previous question. However, the
motion for the previous question itself
was debatable, so it did not matter. The
Journals show that when the previous
question was moved, Senators continued
to speak, addressing themselves to the
previous question, rather than to the
main issue, before the previous question
was moved. There was a previous ques-
tion rule, but it was wholly different from
the previous question as applied in the
national Hoxise of Representatives.

Mr. BUTLER. Mr. President, will the
•Senator from Georgia yield?

Mr. RUSSELL. I yield.

Mr. BUTLER. Was not the previous
question rule debated on this very floor
and stricken out of the rules, and a new
rule put in its place?

Mr. RUSSELL. Of covurse it was. be-
cause it wsLS an anachronism. The pre-
vious question rule in the old British
Parliament was a convenient way of dis-
posing of a measure without actually
passing on It on Its merits— very much
like a motion to lay on the table, here
in the Senate. But in the British Parlia-
ment it was not a means for debate. It
was a vehicle for laying aside a measure,
when they refused to put the main ques-
tion.

Mr, ROBERTSON. That is what I
had in mind. Of course, it was specifi-
cally taken out. I understand, in 1806.
only a few years after our Gtovernment
was established.

But there never was any real restric-
tion on debate in the Senate, as there was
in the House; and the necessity for that
is pointed out in numerous articles in the
Federalist papers — that the House was
restricted, but the Senate was not. The
Senate was to be a deliberative body and
a continuing body. It should act in a re-
strained way. Its Members were to be
elected by the State legislatures, and the
Senate was to be a somewhat more con-
servative body than a body composed of
members who perhap>s would be proceed-
ing under the stress of temporary pas-
sions. As I have said, the Senate was to
be a continuing body and was to function
continuously.

Mr. BUTLER. Mr. President, will the
Senator from Virginia yield?

Mr. ROBERTSON. I yield.

Mr. BUTLER.' And, most important,
each State — regardless of size, wealth, or
population — was given equal representa-
tion in the Senate.

Mr. ROBERTSON. Absolutely.

Mr. BUTLER. But if this rule is re-
pealed, the States will lose the protection
of that arrangement.

Mr. ROBERTSON. Yes.

As I recall, and as the Senator from
Georgia said, the Senate after 1806 did
not have any previous question rule and
did not have any cloture rule until one
was proposed In 1917. That situation

arose over the question of arming the
merchant ships. That question arose
during the short session which ended in
March. The proposal to have a cloture
rule was referred to the Senate commit-
tee headed by Senator Martin of Vir-
ginia, and then he got out a clotxu-e rule.
It was very much more liberal than the
one we now have. But the bill to arm
th: merchant ships went through, any-
way.

Mr. ANDERSON. I think that was on
a motion by Senator Walsh of Montana.
The Senator from Virginia wishes to
claim credit for a fellow Virginian; but
the motion was made by a Senator from
the West. Senator Walsh of Montana
made a motion identical to the one I
have tried to make twice in this body —
that the Senate proceed to make its rules.
He may not have been a great constitu-
tional lawyer, but the Senate finally
agreed with him.

Mr. RUSSELL. But the Senate re-
ferred that to a committee, and the com-
mittee reported the cloture rule. Sen-
ator Walsh of Montana moved — just as
the Senator from New Mexico has— that
the Senate proceed to consider its rules;
and the motion was referred to a com-
mittee which was headed by Senator
Martin of Virginia. And that commit-
tee brought in the cloture rule. I do not
have the records before me, but that is
what actually transpired.

Mr. ANDERSON. Yes; I agree.

Mr. RUSSELL. That situation grew
out of the bill to arm the merchant ships.

Mr. ROBERTSON. As a result of that
procedure, the chairman of that commit-
tee, Senator Martin, was given credit
for that rule.

Mr. RUSSELL. The motion originated
with Senator Walsh of Montana; and
Senator Martin was the chairman of the
committee which wrote the rule. That
is what actually happened. It grew out
of the ship-arming bill debate. That
Illustrates the shortcuts that people so
often take. That was perhaps one of
the worst abuses of the right of un-
limited debate that the Senate has ever
seen. But after the rule had been
adopted, and after the Congress had
adjourned, it was discovered that it never
gave the authority that was sought in
the first place. In other words, that was
a sham battle over nothing. The Presi-
dent went ahead and armed the ships
without such a law; he did that under
his general powers. So that suggestion
was Just like the strawman that Is being
put up here.

What proposed legislation is now be-
fore us?

Mr. ROBERTSON. None.

Mr. RUSSELL. What proposed legis-
lation is being defeated at this time?

Mr. ROBERTSON. None.

Mr. RUSSELL. This is just a pro-
cedure to hold up the normal procedures
of the Senate.

Mr. ROBERTSON. And. as the Sen-
ator from Florida has pointed out. no
proposed legislation at all is Involved in
this rules fight, which is only holding up
our normal procedure.

Mr. ANDERSON. But the Senator
from Virginia says this is holding up
something. Is it holding up something
or is it not?

Mr. ROBERTSON. We are being de-
layed and harassed.
Mr. ANDERSON. But what Is being

held up?

Mr. RUSSELL. What the Senator
from Virginia recognizes — and of coiu^e
the Senator from New Mexico under-
stands the implication — is that the nor-
mal course of legislation is being delayed
and endangered by the failure of the
Senate to have an opportunity to pro-
ceed. This controversy has been gener-
ated over the fictitious Issue of civil
rights. Those of us who oppose this
proposal could not stop the enactment
of civil rights legislation before, imder
the existing rules, as is well known. We
could not stop It last year or in 1957;
we simply did not have the votes.

This situation grows out of an attempt
to take advantage of an existing major-
ity, in an effort to enact legislation much
more far reaching than any enacted in
previous sessions.

Mr. ROBERTSON. That is correct.
First of all, no proposed legislatlcm the
Nation ever wanted has ever been held
up by the cloture rule. In the second
place, no part of the program now pend-
ing wUl be held up by rule XXll, which
the Senator from New Mexico is so anx-
ious to change. Therefore, this matter
is not the first and most urgent piece of
business before the Congress, and it
should be postponed, and should take its
regular course — in other words, It should
be referred to the proper committee.

Mr. ANDERSON. What would the
regular course be?

Mr. ROBERTSON. To submit a reso-
lution, as was done In 1957. and then
have it referred to a committee which
will report it to the Senate.
Mr. ANDERSON. By what procedure?
Mr. ROBE31TSON. By majority vote.
Mr. ANDERSON. Oh. no; there was
no majority vote. The policy committee
would not report it. That situation con-
tinued for months.

Mr. RUSSELL. And now it Is pro-
posed to stifle the freedom of debate in
the Senate Just because one of the agen-
cies of the Senate, the policy committee,
is charged with some wrongdoing.
Mr. ROBERTSON. That is correct.
Mr. RUSSELL. In other words, if a
patient has a case of colic. Inoculate him
for smallpox. [ Laughter. 1

Mr. ROBERTSON. Mr. President. I
agreed to defer until the senior Senator
from New York got some lunch — but not
for this long. I said I would not speak
for more than 20 minutes. My prepared
remarks would not have taken longer
than that, although I have been glad to
have my colleagues interested enough to
ask questions.

Mr. President, I should like now to
turn to the substantive merits of the
case, the argument that the present pro-
visions of rule XXn should be amended
and something less than two- thirds of
those present and voting be permitted to
end debate in the Senate.

The preamble to the Constitutl<m of
the United States of America makes It
clear that the members of the Constitu-
tional Convention and the members of
the ratifying conventions were aware of
the basic problem of government. Oov-
emment must be strong enough to pre-

serve Itself and to carry out Its decisions.
But the government must be so designed
that it will not become a tyranny. Ttie
Founding Fathers were Just as anxious
to secure the blesdngs of liberty to them-
selves and their posterity as they were
to form a more perfect union (x to pro-
vide for the common defense.

The importance given to the blessings
of liberty is shown by the demands of
the ratifying conventions for amend-
ments as a condition to ratification, a
demand which was promptly met by the
adoption of the first 10 amendments con-
taining the BUI of Rights.

The members of the Constitutional
Convention were well aware of the dan-
ger that government may become
tyranny. James Madison in No. 51 of
the Federalist, speaking particularly of
the division of the Central Ckjvernment
into three departments, expressed this
problem vividly.

It may

He said —

a reflection on human nature tbat sucb de-
vices should be ncocMary to control the
sbuses of government. But what Is govern-
ment Itself, but the greatest of all reflections
on humiui nature? If men were angels, no
government would be necessary. If angels
were to govern men, neither external nor
internal controls on government would be
necessary. In framing a goremment which
is to be administered by men over men, the
great diflk;ulty lies in this: you mtist first
enable the government to control the gov-
erned; and in the next place oblige it to
control Itself. A dependence on the people
Is, no doubt, the primary control on the
Government; but experience has taught
mankind the necessity of auxiliary precau-
tions.

Tbe framers of the Constitution
adopted two constitutional principles to
provide a proper balance between gor-
emment and the individual, to insure
that the government they were creating
would be in fact a government of laws
and iK>t of men and would in fact be the
servant and not the master of the In-
dividuaL

The first of these principles is the
principle of federalism. The States
which sent representatives to the Con-
stitutional Convention and which rati-
fied the Constitution continued as sov-
ereign States of the United States and
became integral and essential parts of
the new United States of America, as
such. The new Federal Government,
which acted directly upon the Individual
citizen in many situatirais, was a govern-
ment of limited powers, and the States
and the people reserved all powers not
enimierated.

The second of these principles em-
bodied in the Constitution of the United
states Is the separation of powers be-
tween the legislative, executive, and
Judicial branches of the Govenunent.
each coordinate with and equal to each
of the others but not mtlrely independ-
ent of them.

The Senate was created as an Integral
pait of this framework of government.
The Senate Is an essential part of the
compromise effected between the large
and the small States In the Constitu-
tional ConvMition which had to be
reached in order to bring about agree-

ment on and ratification of the Constitu-
tion. Only in the Senate are the States
themselves directly represented. But
this direct representation of the States
themselves is a fundamental part ot the
old federal system of government which
has made it possible for our Government
to continue so long, preserving at least
a reasonable degree of balance between
the rights and privileges of the individ-
ual and the Government.

It has not been an easy or a simple
task to keep the Government powerful
enough to survive, but not so powerful
that the rights and the liberty of individ-
uals are lost. The United States today
Includes a tremendous area and a very
wide variety of soils, climates, and phys-
ical resources. This diversity was greatiy
increased by the admission of Alaska and
Hawaii to statehood. The United States
contains people of widely different
interests and abilities. Some of these
variations have been, lessened by im-
provements in transix)rtatlon, conmnml-
cations. and education, but there are still
wide differences in the characteristics of
our geography, our economy, and our
people, not least by reason of their dif-
fering abilities and Interests.

In No. 10 of the Federalist. Madison
gave particular emphasis to this as the
source of differing interests and parties,
or factions, as he called them.

As long as the reason of man caaUnvtm
f aUlble. and he Is at Uberty to exercise It-
Said Madison —
different opinions wiU be formed. As long
as the connection subsists between his rea-
son and his self-love, his opinions and his
passions wiU have a reciprocal influence on
each other; and the fanner will be objects
to which the latter will attach themselves.
The diversity in the faculties of men. from
which the rights ot iH-c^>erty originate, is not
leas an insuperable obstacle to a luilfonnlty
of Interests. The protection of these fac-
ulties is the first object of government.
From the protection of different and un-
equal faciUUes of acquiring property, the
possession of different degrees and kinds of
prc^MTty immediately results; and from the
influence of these on the sentiments and
views of the raq;>ective jwoprietors, ensues a
division of the society into different inter-
ests and parties.

The representative Federal Govern-
ment which the Constitutional Conven-
tion devised gave a reasonable oppor-
tunity for each of these many and varied
interests to have a hearing for their point
of view, an apportunlty to make their
views known, before legislation might be
enacted. It also permitted diversity of
local legislation to suit the particular
needs of a particular area. It permitted
these local areas to experiment with
legislation, without necessarily subject-
ing the entire country to legislation
which might prove unworkable.

This complex representative Federal
Government is the antithesis of the
simple democracy where all issues would
be resolved by the majority vote of all
citizens, such as, for example, the old
Greek city-states and the New Rngland
town meetinga.

The men who wrote the Constitution
were firmly convinced that tbe wm of
the people was the only "legitimate
foundattoti U any gofenunent;' as

Jefferson said. This view was reflected
in the Declaration of Independence.
But they did not think that the only
or the best way to ascertain the will of
the people was to oozMluct a referendum
on every issue, or to resolve all issues by
a simple majority vote.

In the first place, they were well
aware that the majority might, as was
said in the Federalist, "Yield to the im-
pulse of suddoi and violent passions" or
"be seduced by factious leaders into in-
temperate and pernicious resolutions."

In addition, they were well aware that
under a representative form of govern-
ment, the elected official is not always
able to tell what the wishes of a ma-
jority of his constituents may be on any
particular issue at any particiilar time,
and they were well aware that an elected
official may act in the long-run mterests
of his constituents by voting contrary
to what he may think his constituents'
wishes are at the moment.

It is by no means an easy thing to
tell what are the wishes of a district or
a State on anr particular issue at any
particular time. On many issues, a
large part of the people of a district or
State, pertiaps even a majority, know
little and care less. On many issues, tbe
dispute is between a small minority on
one side and a small minority on the
other, with perhaps the majority com-
pletely uninterested. On some Issues a
small but vociferous minority on one
side may be opposed to a far larger but
less vociferous group, which may in fact
be the majority.

In speaking of the wishes of a district
or State, in a representative govern-
ment, it is necessary to bear in mind that
there are almost always differing points
of view In the district or State, and it
is necessary to distinguish between vo-
ciferous minorities who may have the
balance of power in the district or State
and the best Interests of the district or
State and the best interests of the coun-
try as a whole.

It Is not always wrong, of course, for
a Senator or Congressman to give
greater weight to the views of a vocifer-
ous minority, even though a less vitally
interested majority may disagree. Poli-
ticians, and statesmen too, must take
into consideration intoislty of feeling,
as well as numbers. For instance, if
a particular action means little or noth-
ing to the majority, but it will put out
of business or do great violence to a
small minority. It can be expected that
their voices will be heard more loudly
than those of the relatively disinterested
majority. In such a case, I think a Sen-
ator or Congressman might well support
the minority, but I would hope he would
recognize that he was speaking for a
minority, and trying to protect it against
the majority. I would hope he could
refrain fnMn appearing to ^peaik. for a
majority. And I would hope he would
have enough charity, enough tolerance,
enough of a sfAiit of amity, and that
mutual deference and concession which
tbe peculiarity of a political situation
rendered inf^i^poniefthlp to recognize the
rights, and the views and opinicms and
fedings, of other minorities when their
spokesmen presented their point of view.

1

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1961

CONGRESSIONAL RECORD — SENATE

229

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1

I wo\ild urge that Senators bear in
mind Judge Learned Hands warning, in
his speech on the Sources of Tolerance,
that the greatest danger of the political
life of a country like ours is "the dispo-
sition to take the immediate for the
eternal, to press the advantage of present
numbers to the full, to ignore dissenters
and regard them as heretics."

The privilege of free and unlimited
debate in the Senate is an integral part
of the protection provided by the Con-
stitution for the minority, like the Bill
of Rights or the prohibition against bills
of attainder and ex post facto laws.

Rule 22 now permits the limitation of
debate with the approval of two-thirds
of those present and voting. This in
itself is a departure from the protection
of unlimited debate. It may be a neces-
sary departure and it may be a wise one.
I opposed it in 1959, but nevertheless, it
was adopted. At least the principle of
requiring a two-thirds vote is consistent
with many constitutional provisions.
such as those for ratifying treaties and
proposing constitutional amendments.
There is. however, no basis whatever for
urging that debate be terminated by
majority rule. This would be inconsist-
ent with m^any provisions of the Consti-
tution, and more important, with the
very spirit of our representative Federal
Govenunent.

We must always remember that the
Constitution was ordained and estab-
lished both to form a more perfect union
and to secure the blessings of liberty to
its generation and their posterity. We
must remember that they considered it
just as important to create a govern-
ment which would secure the blessings of
liberty and protect the inalienable rights
of the individual as it was to create a
strong government.

If we keep these thmgs in mind, we
will see the importance of preserving
the right of debate in the Senate.

A£r. President, I suggest the absence of
a quonim.

The PRESIDINO OFFICER. The

clerk will call the roll.

The legislative clerk proceeded to call
the roll.

Mr. RUSSELL. Mr. President, I ask
unanimous consent that further proceed-
ings under the quorum call be dispensed
with.

The P'lESIDING OFFICER. With-
out objection, it is so ordered.

gtiished Senator from Oregon first occu-
pied the chair as a new Senator.

Madam President, I want to be very
fair to the Senator from South Carolina
[Mr. THTJRjfoitDl. I have a few more
bills to introduce. I suggest that I yield
to him, with the understanding that I do
not lose my right to the floor, to let him
make his statement.

(At this point Mr. Morse yielded to
Mr. Thurmond, who spoke on a proposed
constitutional amendment to change the
electoral college system.)

TRIBUTE TO SENATOR NEUBERGER

Mr. MORSE. Madam President (Mrs.
Netjberger in the chair) , seldom have I
been the recipient of such a pleasant
honor as that now being paid me. My
very distinguished colleague is occupying
the chair of the President pro tempore
of the Senate for the first time since
she took the oath of ofBce on Tuesday.
It is a matter of great gratification to
me that she has taken the chair during
one of my discourses on the floor of the
Senate. I feel rather sorry for her, from
that standpoint; but I do not feel sorry
for myself. I assure my colleague that
I shall long remember the fact that It
was my pleasure to be speaking on the
floor of the SeiRite when the distin-

THE ARMY IN THE 1 960 S— ADDRESS
BY GEN. L. L. LEMNTTZER
Mr. THURMOND. Madam President,
on September 16, 1960, Gen. L. L. Lem-
nitzer, then Chief of Staff of the UJ3.
Army and now Chairman of the Joint
Chiefs of Staff, delivered a very impor-
tant address entitled "The Army in the
1960's'" before the Seventh Annual Con-
ference of Civilian Aides to the Secretary
of the Army, at Aberdeen Proving
Groimd, Md. In this illuminating and
interesting address. General Lemnitzer
eloquently pointed out in detail the im-
portance of the Army's role as a peace-
time deterrent against war and also the
vital part which the Army would play in
general or limited warfare. Because I
feel this address by this great soldier con-
tains such valuable information for those
serving in Congress, I ask unanimous
consent that it be printed in the Record
at the conclusion of my remarks.

There being no objection, the address
wEis ordered to be printed in the Record,
as follows:

Thz Asmt m THx laeo's

Secretary Brucker, General Quinn, ladles
and gentlemen. It Is a great pleasure for me
to participate In this 1960 CivUlan Aides
Conference — Interrupted as my attendance
has been through no fault of my own.

I regret very much that I was unable to
fulfill my part of the schedule yesterday as
we had originally planned It. We felt that
we had prepared an outstanding and well-
coordinated program schedulewlse, and I
am sorry I missed my part. I am pleased,
however, to hear the very complimentary
remarks that have been made by many mem-
bers of the Conference regarding the excel-
lence of the presentations yesterday dxirlng
the period when Secretary Brucker and I
were In Washington attending a National
Security Council meeting.

I am mindful that this Is the last time I
shall participate In the Secretary's Civilian
Aides Conference as Chief of Staff. I regret
exceedingly that I was unable to serve out
my full tovu* as Chief of Staff — but that was
not to be. In this regard I feel very much
like the recruit who was drilling in front of
my quarters at FOrt IfcNair when General
Elsenhower was Chief of Staff. The recruit
was fumbling and stxmxbling aroiind. and
was really getting laid out by the drill ser-
geant. Finally the sergeant said, "Well there
Is one thing about It. Jones. You and Gen-
eral Elsenhower, thb Chief of Staff, have one
thing In common."

The recruit thought he was going to get a
complimentary remark and said, "Yes, Ser-
geant, what U that?"

The sergecmt said. "Tou both have gone
as far in this Army as you are ever going to
get."

Since it if my last appearance as Chief of
Staff, therefore. I would like to express my
thanks and deep appreciation to all of the
civilian aides for the invaluable help they

have rendered to the Army, perticularly dur-
ing my p«1od as Chief of Staff. The Im-
porUnce of the role played by the clvUUn
aides is especially apparent to — and thor-
oughly understood and deeply appreciated
by— the Chief of SUff. Many people, par-
ticularly senior people in the Army, Army
commanders and others, readily recognise
the very ImporUnt role you play. But from
the vantage point of the Chief of Staff. I
can get the best look of all. excepting only
the Secretary of the Army. You are the
eyes, the ears, the advocates, and the en-
thusiastic supporters of the Army In your
respective areas. As I said, I am sorry that
I was unable to close out my tour as Army
Chief of Staff. However. In General Decker,
my successor, you will have an able, dedi-
cated, and ouUtandlng officer to work with.
It was my responsibility to recommend to
the Secretary who my successor would be.
and I chose General Decker without the
slightest hesitation. I have known him for
a good many years, and my selection was
based on the very simple but very Important
criterion that he was the very beet man
available.

I am pleased that we are meeting here at
the Aberdeen Proving Ground for this con-
ference. It has been obvloxis that our ability
to adapt the findings of our Nation's science
and technology to mUltary purposes will be a
key factor In safeguarding our national
security. This applies to all services, par-
ticularly the Army. Aberdeen Proving
Ground Is one of the Army's oldest and most
vital centers of development In the field of
military technology. To my mind, therefore.
It is particularly appropriate to have this
year's Conference here.

Now. the theme of this year's Conference.
Army objectives for the future during the
period 1960 to 1965. strikes me as a subject
of particular timeliness and Importanoe. As
we enter the sixties, we hear this decade de-
scribed frequently as the decade of decision
between the free world and the Communists.
This decade will undoubtedly witness dy-
namic shifts in the power balance from time
to time — between \is and our enemies — and
whether it Is to our advantage or theirs wUl
depend very much on what we do and the
determination which we display in this
power struggle. All of us here are very much
aware of the Influence which the UB. Army
exerts In that power balance. We also know
that the decisions we make today and within
the next couple of years will have an inevi-
table Influence upon the combat capabilities
of the Army and our Armed Forces through-
out the entire decade of the sixties. The
budget, the equipment that we are talking
about today will provide the tools that we
will have In the Army during the next dec-
ade. This is a long period ahead, but a bard
fact of life la the requirement of leadtime to
place modern equipment In the hands of the
American soldier. The wisdom we display
in selecting oxir objectives for the next 5
years and the vigor and Ingenuity with which
we seek to attain those objectives are going
to determine the effectiveness of the Army
and the U.S. Armed Forces for a long period
ahead.

In my remarks this morning. I would like
to take a look Into the future, with particu-
lar reference to the 6 years ahead. In so do-
ing. I shall describe what appear to be newly
emerging aspects of the Communist military
threat. I realize that you have been given
some of the specifics of this threat, but I
want to talk about them a bit more In gen-
eral this morning. I shall then outline the
broad actions we are taking In the Depart-
ment of Defense to deal with this threat, the
Army's contributions to the actions which
are being taken, and how these actions affect
establishment of the Army's planning ob-
jectives.

A predominant influence in the critical
period which Uee ahead of us U. of course.

the Communist threat — a continuing threat.
I. for one, am sure that, regardless of the
tactics the Obmmttnlsts adopt, there will be
no change In the Communists' ultimate ob-
jective It hasnt changed In the sUghtest
In 43 years, and I see no reason why It should
change. The Communist objective has been
stated over and over again by the leaders of
the Soviet Union. It has been Included in
all ot the Communist literature that has
been published over the 43 years since 1917
when the Communists assumed power In
Russia The objective is simple. It should
be understood by everyone, but it is not. It
Is merely that the Communists want world
domination — nothing less. MeanwhUe. in
the very recent past, the Communists have
displayed a brandnew trend In tactics. I
refer to Mr. Khnuhchev's threat to strike
the United States with missiles If we — to use
his own term — "Intervene" in Cuba. This is
a disgraceful pronouncement on his part
and it Is the worst example of this rocket
rattling to date. I also refer to the use of
Soviet airlift in the Congo. This lift has an
ulterior motive. It has been employed to
bring not only aid materials. The Soviets
also bring in so-called technicians — tech-
nicians who are politically trained and in-
doctrinated and who will have a great in-
fluence on the results that come out of the
Congo situation. They will have a tremen-
dous influence on the Internal struggle that
Is taking place there. Further, the Soviets
are employing airlift to move troops around
the Congo for their particular puppet.

Now, in the past, the Oooununists have
made their aggressive military moves pri-
marily against countries that are right up
against the Iron Curtain. In such cases,
they used their armies or threatened the
use of the Red Army. They have also used
the threat of missiles in the case of the Sues
crisis, an>ong others. In the case of Cuba,
the Soviets have employed the threat of an
intercontinental mlssUe attack upon the
United States Itself, in a blatant attempt to
Influence political activities in the Western
Hemisphere. This came as quite a shock to
us Americans. In the case of the Ck»ngo, the
Communists are not dealing with their
neighbors up against the Iron Curtain. They
have employed stxategic airlift to "leapfrog"
portions of the free and unconunltted world,
and thereby they have extended their mili-
tary Influence to another continent which
Is a very long way from the Communist
empire.

To my mind, these events have a number
of very disturbing Implications. One im-
plication Is that the (^mmunists appear
ready to make increasing use of what has
been referred to as a massive retaliation in
reverse policy. Our capability to respond
to an intercontinental attack on the United
States will have an obvious bearing on the
effectiveness of Communist use of this threat
of massive retaliation for political pxuposes.
Another implication is that the Soviets are
developing a captabUlty for rapid exploita-
tion of disorders In areas distant from the
Commtinlst empire as in the case of the
Congo. This capability applies both to cold
and to limited war activities.

Of the two aspects of the Communist mili-
tary threat — limited aggression and general
nuclear war — the general war aspect to date
has received most public attention. In many
ways this Is understandable. Such a war
would entaU a massive nuclear attack on the
United States involving unprecedented loss
of life and other destruction. Meanwhile,
our Nation and the rest of the free world
could also go down to defeat as a result of
a series of disasters which could be the re-
sult of limited wars. As you know, the Army
has taken the lead In stressing the impor-
tance of being able and prepared to fight a
limited war. I have the distinct impression
that, after years of Intensive effort on the
part of everyone from the Secretary right
down through the Army staff and the com-

manders, our efforts in this regard are payiixg
off. However, I have also noted that in some
quarters our efforts have created the errone-
oiu impression that the Army considers it-
self to be solely a limited war force. This
Is, of course, decidedly not the case. We
have taken the lead in focusing attention on
the overlooked aspect of the whole spectrum
of war and have constantly attempted to
point out the likelihood of limited war, but
In so doing we have been told by some that
the Army Is a limited war force. This Is a
grievous error and I have attempted to focus
attention on the error which is involved and
have included it in practically all the talks
which I have given over the past year. What
I %m saying is that the Army has a role in
all types of war across the entire spectrum.
The Army's role in general war or world war,
whichever you prefer to caU it. is as impor-
tant as it ever was in our history and can
even be more so. I Ehall bring out this point
by discussing briefiy what we are doing to
obtain deterrence of general war and to win
such a war if deterrence should fail.

Today, the major danger of general nu-
clear war stems, naturally, from the possibil-
ity of a deliberate, engineered nuclear at-
tack upon the United States by the Soviet
Union. In making such an attack, the So-
viets would, of coxirse, attempt to destroy
our strategic retaliatory forces. These forces
Include not only the bombers and missiles of
our Strategic Air Command, but also otir
Tactical Air P(»-ce strike forces which are
part of the unified commands deployed all
around the world, and our naval aircraft.
Soon Polaris submarines with a nuclear strike
capability will be available.

Now wars are not decided by a single weap-
on, a single service, a single concept, or a
single factor. Wars are settled and won or
lost on the basis of overall readiness, deter-
mination, ability, and resources. I want to
assure you that even if the Communists
today launched an all-out nuclear attack
upon the United States, nothing In the world
could prevent them from bringing down
upon themselves almost complete destruc-
tion of their own country by our own retalia-
tory forces. We should never miss the oppor-
tunity to make it clear to the Soviet Union
that the laxmchlng of a stuprlse or "Pearl
Harbor" type of attack upon our country
would result in their own destruction. We
ir.ust make our deterrent credible, in other
words. That is the sitxiatlon today and we
have to be very sure that we do not lose
our position in this struggle.

Meanwhile, as we and the Soviets continiie
to build up the means to wage intercon-
tinental nuclear warfare, we simply cannot
afford to ignore the possibility of such an
attack. Tbis Is particularly true 1>ecavi£e the
present state of technology permits neither
the United States nor the Sovlett^ to build a
truly Invulnerable strategic nuclear force.
We are, however, working In that direction.
The Army plays a major role in that effort
through perfcMmance of its assigned mis-
sions. By the mid-sixties, we should have—
U we keep up the tempo— virtually invul-
nerable nuclear strike forces, consisting of a
diversified combination — and it is impor-
tant to keep it diversified— of mobile land-
and sea-based missiles, missiles with hard-
ened sites, and long-range bombers. (The
manned bomber is still here for a consider-
able time.) These forces could not, by any
stretch of an enemy planner's imagination,
be eliminated, by sxirprise attack, regardless
of the immensity of that attack. Under these
circumstances, any rational enemy would
realize that his nuclear attack on the United
States would guarantee his own destruction.
He Is not likely, therefore, to embark upon
such an attack.

In such a situation, I feel that the danger
of a general nuclear war wotild stem more
from an accident than from a deliberate
enemy attaolc This danger of general war

by accident Is real, and it is becoming more
real as we move into the missUe age. A
missile is much more responsive than an
aircraft and can be launched by the mere
pressing of a button. General war could
arise frcnn a limited war which gets out of
hand. It could arise from an enemy's mis-
interpretation of our motives and our moves,
especially in any period of high tension. It
could arise from an Irrational decision by
a Soviet dictator. It could arise from the
accidental discharge of a single nuclear
weapon — either on the part of the enemy or
ourselves.

It Is this danger which we must also keep
in mind as w(; look forward in the sixties.
You do not guard against this danger by
merely building offensive weapons. Rather,
you build defenses — both active and pas-
sive— to minimize the destruction of a war
which, tragically, neither side reaUy wants.

In this connection, I would like to state
emphatically that, while the possibility of
a general war wiU require our most earnest
efforts, there is no cause for defeatism In this
particular field. Certainly, the possibility
of such a war is appalling. Nonetheless, in
my opinion, tlie Idea that there is nothing
worse — that our objective is merely sur-
vival— Is outright defeatism. I say this be-
cause, if we lacked the cotirage to stand
firm for our beliefs, we would be defeated
already. Our whole history as a nation
proves beyond any question that apathy and
defeatism are foreign to the American char-
acter. In brief, we have the resoiirces. the
allies, the industrial resources, the personnel
resources, and the military resources to meet
any enemy threat and to defeat the enemy
threat and to defeat the enemy, if he at-
tacks, and ultimately to prevaU.

Now, it is true that we have no actual
experience in general nuclear war. We are
talking merely from study which is the best
we can possibly do. However, we have sub-
jected this matter to intensive study and
we beUeve we know a little about it. The
more we have learned of nuclear weapons
and their application even In general war,
the more grounds we have obtained for con-
sidering that such a war would not destroy
aU of mankind. We know, too. that even
the most rudimentary forms of protection,
especially against fall-out, can greatly de-
crease casualties which would result from
any nuclear war. In other words, our cur-
rent evidence indicates beyond any doubt
that a nation that Is prepared can Uve
through a nuclear war, frightful though
such a war may be. So that Is the reason
I say there is no need for dismay or apathy
or wringing our hands and saying that we
cannot do anything about a general nuclear
war. We can.

Meeting the threat, as we see It continu-
ing to develop across the entire spectrum
of possible mUitary actions, places special
responsibilities upon the Army.

One of these responsibilities is participa-
tion in defense against air attack. Through
this activity, the Army is helping in a major
way to achieve this invulnerable strategic
nuclear capability which I referred to, and is
contributing to the protection of the popu-
lation and the economy of this country.
Indeed, this protection is being carried to
many Important strategic oversea areas such
as Europe and the Far East. The Army has
Nike surfaoe-to-air missUe units deployed
aroimd high-priority targets here in the
continental United States and in certain key
oversea areas. The reliability and perform-
ance of these air defense weapons have been
repeatedly demonstrated against the highest,
fastest, and the most advanced air-breathing
targets that modern technology has been able
to devise. As Secretary Brucker indicated
the other evening, a oouple of days ago a
Nike Hercules missile shot down another
missile.

The value of these defenses for the Stra-
tegic Air Command Is imdCTSoored by the

i

230

CONGRESSIONAL RECORD — SENATE

Janwary 5

1961

CONGRESSIONAL RECORD — SENATE

231

ll

^

Xaot thtkt tJi* Soviet strategic strike forces
eontaln mppratlraAtmlj 1,200 bocnbers at the
present time. In my <q;>inlon, bombers will
continue to comprise a noteworthy portion
of the Soviet air attack capability for the
decade which we have Just entered.

Now, as you know, there Is also the grow-
ing threat poeed by balllBtlc missiles. As
we observe the growing Soviet missile capa-
bility, we are made the more keenly aware
that no operational active defense against
a missile att(u:k is yet in existence. The de-
velopment of such a defense is Important
for two niajor reasons. For one thing, there
is the obvious requirement to establish ef-
fective defenses against missiles for our pop-
ulation, our war Industry, and our retaliatory
foree*. For another thing, there Is the im-
pfM:t which development of an operational
antimissile defense would have upon the
world balance of military strength. Ob-
viously, our ability to defend ourselves
succeeafully against such an attack Is an ele-
ment of our deterrent effectiveness. Further-
more, if the Soviets were to establish an
operational antimissile defense before we do,
as Secretary Brucker Indicated last night,
the deterrent effectiveness of our retaliatory
f<Mrces would be moet adversely affected and
downgraded.

A second major responsibility which the
Army must meet with regard to general wen
la to continue to make Its vital contribution
to the capabUlty to hold strategic land areas
In the event of an enemy attack, and there-
after, to win the decisive phase of operations
that would follow any nuclear exchange.
This is a traditional role of the Army and
it will always be necessary.

Performance of this task requires the
Army —

First, to maintain forces deployed in key
areas overseas. Today, we have 41 percent of
our active Army deployed overseas and fol-
lowing a pattern of forward strategy which
this country must continue to follow.

Second, to continue its cooperation with
ovir allies in the further development of
their own military strength. In this respect,
some of our best officers and noncommla-
iloned officers are distributed around the en-
tire free world, training our allies in de-
veloping their own army strength. The
equivalent strength of alUed ground forces
is on the order of 300 divisions.

Third, to continue to improve our capabil-
ity to support our military operations
wherever they may need to be carried out
throughout the world. This includes the
Usability to act quickly and effectively, In-
volving both the deployment of strategic
reearves into an emergency area, and rapid
mobilization of o\xx Reserve components. It
also Includes assistance in support — and I
emphasize the word "support" — of oiir civil
defense effort to minimise the effects of a
nuclear attack upon our population, indus-
try, and our military installations.

As long as the poeaibUlty exists that the
Communists might consider that their ob-
jective could be advanced by a deliberate re-
sort to general war, the efforts which I have
outlined will be an Important factor in our
over-all deterrent capabUlty. If the time
comes when the deliberate initiation of gen-
eral war becomes highly unlikely, the
military efforts which we are making will
continue to be as vital diu-ing the sixties,
and maybe the seventies, as they are today.
They will still be essential, to Insure that we
can protect our people — surely the prlnxe ob-
jective of all national seciulty policy — and
defeat the enemy, whether a general war at-
tack is deliberate or If it occurs accidentally.

So far as the threat of limited war at-
tack is concerned, the Army, of course, does
have Important — yes, vital — responsibllitiefl
In this regard. Just as in connection with
our efforts to meet the threat of general
war, we must continue to cooperate with our
allies in our efforte to increase their military
strength and to come to their aid if neces-

sary. In addition, the growing capabUlty
of the Communists to inject themselves
militarily into emergencies throughout the
world, such as in the Congo, points up cer-
tain speoUlc requirements which our Army
mtut be able to meet. SpedflcaUy, we need
to develop strategic reserves in sufficient
strength to enable us to deal with more than
one limited emergency at a time — even if the
emergencies occur In widely separated por-
tions of the world. This is the reason we
have been clamoring for airlift and increases
in oaUitary strength. We have got to be able
to deal with more than one emergency at a
time. The enemy would be stupid to attempt
to set up these emergencies side by side to
make it convenient for us to get the nuuU-
mum vise out of the forces which we have.
We require strategic mobility which will en-
able us to move our strategic reserves
promptly, to any part of the world, and
more quickly. Speed is the essence of our
ablUty to come to the aid of our aiUes and
assist them l>efore they are overrun. In
addition, we need to improve our capabiU-
ties and those of our allies to conduct anti-
guerrUla warfare. This is becoming an in-
creasingly active area. In southeast Asia and
in other parts of the world we can expect to
encounter guerrilla activities liecause the
Communists are showing themselves very
able in this field. AntiguerriUa capabUltles
are necessary to permit situations such as
exist today in Vietnam and Laos to be
brought under control by those govern-
ments which are friendly to the United
States.

In the Ught of what I have said about
the developments in the threat and ot the
requirements which these developments im-
pose upon us, a number of key objectives
which the Army must pursue in the future
can be readily identified.

To begin with, it is obvious that our cur-
rent major lines of activity must be con-
tinued. These Include forward strategy by
deployment of our forces overseas, the main-
tenance of our air support, and keeping the
Strategic Army Corps in top condition and
ready to move. We must also continue to
maintain trained, ready, reserve components.
No war was ever fought and won with the
forces in being on the day the war opened.
We must have this reserve backup or we wlU
not be able to prevail over the enemy.

Now, in addition, the 'tarly development of
an oi>eratlonal antimlssUe defense system
is clearly of importance and In the national
interest. Consequently, the Army is pushing
ahead with the research and development of
Nike-Zeus, which is the only antimissile de-
fense system with components actually in
the hardware stage. The i>rogress of Nike-
Zeus thus fau- has been moet encouraging,
and we in the Army see It as a promising
augmentation of the Nation's defense and
deterrent capabUlty.

One argument which is frequently raised
against Nike-Zeus or the development of an
antimissile missile la that the system cannot
attain "economical attrition." That is to say
that to make it effective requires greater
effort on our part than is required by the
enemy to get through our defense. There-
fore, based on the principle of being non-
economical in the field of attrition. It is
argued that we should not attempt to build
such a defense. I do not accept this premise
in the first place, and I regard such thinking
as extremely dangerous to national survival.
We must defeat incoming enemy missiles —
regardless of whether the attrition is eco-
nomical or not. If we recognize what we
are trying to protect, this wlU stand out as
crystal clear.

The other argument against the Nlke-2>iu
is that we shotUd put all — and I repeat the
word "all" — of our effort on offensive or de-
terrent means. While I yield to no man in
recognising the importance of the offensive
to win a war, to have no defenses at all
against enemy mlasiles eould be fatal. Aa I

pointed out earlier in my talk, a general
war could delevop by accident; it could de-
velop out of a Umlted war. If we only have
a deterrent against gensral war and inade-
quate defenses against nuclear attack and
we back into a general war there is no alter-
native to defeat. We aU know that If a
boxer — who may have the greatest punch in
tbe world — enters a ring with his hands
down, with no defenses aC all. he may get
clipped on his glass chin early in the light
and he wlU never get his offensive under way.
Ttie same principle appUea in this field ci
antimissile activities.

Another Army objective is an increase from
our present authorised strength of 870.000
to a total of 026,000. This is a modest in-
crease. It would permit v* to man 16 divi-
sions, and thus to enlarge the Strategic Army
Corps, and to reduce critical undcrstrengtbs
in some tactical and supporting forces which
we have eax>und the world. It is important
also because It adds substantially to our
flexibility In dealing with the possibility ot
coordinated, slmuluneous, but widely sepa-
rated Communist attacks. It Is Important
also because It would enhance our ablUty to
reinforce our deployed forces promptly in
case of emergencies, whether they be limited
or general In nature, in areas where thoee
forces are located.

Closely related Is another objective. That
is, the attainment of an Improved strategic
mobility, particularly in the form of better
and more airlift, not only for the Army —
we are not the only ones who require air-
lift— but for all of the U.8. Armed Forces.
The Army does not advocate any change in
the presently assigned responslbUlty for pro-
viding airlift, but we do ask that there be
enough to serve our purposes. As in the case
of Umlted war. the Army has taken the
lead in pointing out the deflcienclea in air-
lift, although we don't provide It. The Air
Force and Navy do. I think last year we
made an important dent In this very impor-
tant problem.

Another continuing requirement for the
Army In the futiire is for modernization of
material, both nuclear and nonnucxilear.
As I said earUer, the occxirrence of a Umlted
war raises world tensions and increases the
danger of general vrar by accident. This
danger could become even greater if the
Umlted war should be fought with nuclear
weapons. We mxist certainly have the tac-
tical nuclear capablUty to fight such a war
successfully. At the same time, we must
not be so l«^•fc^ng in versatlUty that we are
compelled to Initiate the use of nuclear
weapons or accept defeat. This would be
totally unacceptable. Indeed, our dual
capability — and we have it In the Army —
which enables us to deal successfvUly with
limited war situations through the use of
nonnuclear or conventional weapons, con-
tributes greatly to our abUity to reduce the
danger of accidental general war.

The fact la that no one can predict with
absolute certainty whether or not nuclear
weapons would actually be used if war
should break out. You and I can visualise
situations in which the use of nuclear
weapons would not be to our advantage. As
I pointed out to the Senate Armed Services
Committee in my conflmoation hearing,
nuclear weapona are not the panacea — the
cure all — of all military problenu. You can
see the situation that has developed in the
world today. There are many cases in which
nuclear weapons would not be applicable
and would not solve the problem.

In addition to modernization of weapons,
there is also the need for modernization in
the vital field of tacUcal mobUlty. I under-
stand that General Trudeau has already
talked in detaU on this subject. There is
no doubt but what the expanded area at the
battlefield emphaaiaes the importance of
mobUity. It Is highly posslbie that the tra-
ditional restrlettoos upon land warfare im-

posed by terrain features such as rivers,
swamps, mountains, and forests can be sur-
mounted through forthcoming develop-
ments, particularly with regard to the field
of Army aviation and tactical air mobility.

Both improved weapons and improved
tactical moblUty wUl make it possible to
maximise the effectiveness of our forces and
the resources that are made avaUable to us.

The final objective of the Army which I
want to mention is to help achieve an im-
proved capability to meet the emergency of
a surprise attack upon this country— that is,
in the field of civil defense. This Is im-
portant to our deterrent capability now, and
it wlU be even more important in the futiue.
The Army has apeclal qualities in this re-
gard. It Is (M^anlzed, trained, and equipr-ed
to operate on land. It depends more on li on
than it does on machines. Thus, it would be
more especiaUy fittetl to operate after a nu-
clear attack had destroyed much of the ma-
chinery which we require, literally, for mod-
em living. Ftirther, the elements of both the
Active Army and the Reserve components are
distributed in an ideal fashion across the
length and breadth of this country. This
distribution would be particularly valuable
in view of the impact which a surprise nu-
clear attack could have. The Army recog-
nizes that It would Inevitably be called upon
to render assistance in such an emergency.
It considers that the Nation's abiUty to
withstand such an attack is an Important
element of our total national security pos-
ture. Therefore, we regard thU responatbil-
ity of assistance to civil defense as second
only in importance to our combat responsl-
biUty. But I want to repeat, and you should
repeat it when the question comes up, civil
defense is no sutMtitute for our combat mis-
sion, as some people would attempt to have
it.

In summary, I would like to highUght
my principal point which I have made this
morning.

The first point I want to leave with you is
that, whUe the threat facing us requires the
most earnest and sustained efforts on our
part, it must not give cause for dismay, de-
featism, or apathy. We can meet the Soviet
threat successfully. We iiave the resources
to meet It and defeat tlie enemy and win.

The next major point is that we must
maintain the capability to deal effectively
with the threat acroes the entire spectrum
of military activities, that is, the cold war,
limited, and general war. In other words,
the Army mvtst maintain and enhance its
capabilities to defeat an attack both in the
form of gener<d war and in any kind of
limited war. Moreover, we must continue
our efforts to provide the military strength
which is vital to the wlnplng of the cold
war.

The third point I want to emphasize is
that, although the danger of a deliberate
Communist resort to general war may decline,
the possibUity of a general war breaking out
accidentally will remain as a continuing
danger and, in my opinlrm, an increasing
danger by virtue of the types of weapons
which both sides are equipping themselves
with. Thus, extensive military efforts will
continue to be required both to defeat the
enemy and to protect our population and
our miUtary potential.

My next point is that the Communist
capability for limited war and other lesser
forms of aggreiislon is today expanding. The
threatened are.is are being extended to in-
clude parts of the world which previously
have been too far from the boundaries of the
Communist empire to t>e realistically vul-
nerable to Communist aggression.

It is clear that all of these considerations
place continuing and increasing in^xn-tanoe
upon the Army. The Army's fiexlbiUty,
resilience, character, traditional integrity,
and capablltlec make it a key element in our
total national .security effort.

This win hold true not only In the 5 years
ahead, but In the late sixties, the seventies,
the two thousands, and as long ss wars are
fought on this earth.

In conclusion, I would Just Uke to say this
about the total problem that faces us. The
struggle In which the free world is now en-
gaged is a mortal one and it eiKX>mpa8ses
almost all of the fields of human activity.
Every one of you here today, mUitary or
civilian, is personally involved in one way
or another in that struggle. None of you is
an onlooker to the big decisions which are
being made every day worldwide.

This Nation, from its earliest beginnings,
has been a nation of competitors. I do not
sulMcribe for a minute to the suggestion
that now, when Americans are engaged in
the most dUQcuit and widespread chaUenge
they have ever faced, this competitive drive
and determination to win are g-owlng any
weaker, .\nyone who thinlu so, in my Judg-
ment, misreads the temper of the American
people. Whatever your position of leader-
ship may be, bear in mind that your objec-
tive is to win, and not put a gcod face on
defeat. Tour objective is to win aU along
the line, the little slOrmishes Just as weU
as the big battles. The Nation would and
should not tolerate less. AU of you know
of countless examples of this axiom In m-
dustry and commerce, which by Its very na-
ture is clearly competitive.

Sometimes too many people overlook this
fundamental obligation as It Is applied to
public leadership. It seems to me that his-
tory has made much too much of a play over
the lost causes and the gaUant last stands.
Napoleon today is remembered more by some
for Waterloo than he is for AusterUtz. But
it was Wellington who prevailed at Waterloo
and thus shaped the next hundred years of
his country's history. The danger we face
today is far greater and it will not be settled
like Waterloo in any 10 hours. It pits an
entire civilization against another in a hun-
dred manifestations and aspects of this mor-
tal struggle, whether it is conventional,
nuclear, or thermonuclear weapons that are
employed. A clash of this dimension can-
not be a stalemate. There has to be a winner
and there has to t>e a loser. We muBt face
reality squarely in aU fields, whether it t>e
In International law, in education, in foreign
trade, In public Information, In propaganda.
or in coldblooded military calculation. We
must not delude ourselves with hopes or
dreams or well meant intentions that faU
sliort of the mark. I feel that mankind's
highest hopes are riding on the outcome of
the struggle that has gone on for 43 years
and can go on for hundreds of years In the
future. We are not going to compromise or
adjust oiu: sights downward; we are going to
win.

It is Important for people throughout the
country to xuiderstand the nature of the
problems which we must solve, and the role
of the Army in solving them. Such under-
standing is essential for the Army to receive
the support which It requires to carry on its
vital task. The contribution ^^ich, as lead-
ers in your conununltles, you have made to
achieving this understanding has been of
enormous value in the past. In my opinion,
the fact that we can continue to count on
your assistance in this vital effort ranks
among the Army's most important assets in
the Army's effectiveness and therefore in
the national security.

It has been a great pleasure to talk to you
this morning, and I look forward during the
panel discussion to further dLscussions on
the topics and the issues which I have raised.

Thank you very much.

the cloture rule by providing for adop-
tion by a three-fifths vote.

Mr. MANSFIELD. Mr. President

Mr. MORSE. Mr. President, I yield to
the majority leader, without losing my
right to ihe floor.

Mr. MANSFIELD. I believe there are
no other Senators who wish to speak
on the pending motion. I most respect-
fully request that it be put to a vote at
this time.

The PRESIDING OFFICER (Mrs.
Nettberges in the chair) . The question
is on agreeing to the motion to proceed
to the consideration of Senate Resolu-
tion 4. [Putting the question.]

The motion was agreed to.

ORDER FOR ADJOURNMENT UNTIL
NOON TOMORROW

Mr. MANSFIELD. Madam President,
it is the understanding of the leadership
and of all parties concerned that there
will be no more discussion on this sub-
ject tonight, and Uiat at the conclusion
of the remarks of Senators who are on
the floor and are interested in speaking,
we will adjourn until tomorrow at 12
o'clock noon.

I therefore ask unanimous consent
that when the Senate adjourns today, it
adjourn imtil 12 o'clock noon UMnorrow.

The PRESIDING OFFICER. Without
objection, it is so ordered.

NOTICE OP JOINT SESSION OP TWO
HOUSES TOMORROW

Mr. MANSFIELD. Madam President,
tomorrow the Senate will leave its
Ch£unber at 12:45 p.m. because we will
be expected in the Hall of the House of
Representatives at 12:50 p.m.

Mr. THURMOND. Madam President,
I desire to thank the distinguished senior
Senator from Oregon for his courtesy In
yielding to me.

Mr. MORSE. The Senator from South
Carolina is entirely welcome.

AMENDMENT OF CLOTURE RULE

The Senate resumed the consideration
of the resolution (S. Res. 4) to amend

WOUNDING OP DONALD W.
NEWHOUSB

Mr. MORSE. Madam President, last
October, the production manager of the
Portland Oregonian, Mr. Donald New-
house, was seriously wounded by a shot-
gun blEist fired at him through the base-
ment window of his home. As yet, the
person who perpetrated this criminal act
has not been apprehended.

On October 21, 1960, a few days after
the shooting occurred, the Oregon Labor
Press expressed what I am sure is the
unanimous feeling of other residents of
Oregon that this crime could have been
perpetrated only by a vicious or de-
mented individual who should be brought
to the bar of justice as soon as possible.

I ask unanimous consent to have in-
setted in the Congressional Record the
editorial which appeared in the October
21. 1960, issue of the Oregon Labor Press.

At the time of that dastardly shooting,
Madcmi President, I issued a statement
from my ofiBce in condemnation of it;
that statement was very much along the
lines of the editorial which I now ask
unanimous consent to have printed in the
Record.

•' T

232

CONGRESSIONAL RECORD — SEN ATE

Jantmry 5

m

1

There being no objection, the editorial
was ordered to be printed in the Ricord,

as follows:

Sbotbum attack

Shock and outngv tn the only poaelble
reactions to the sneak shotgun attack on
Donakl Newhouae, production manager of
the Owgonlan and cousin of the newspapers'
New York owner. Samuel Newhouse. Young
Newhouse received a serious hip wound when
an unknown person fired a shotgun blast
through the basement window of his home
Sunday night.

Shock and outrage, yes. But this Is not to
say that these emotions should be directed
against any union or any union member.

The Oregonlan and Its pale afternoon
shadow, the Oregon Journal, have leaped to
the conclusion that this Is a case of union
violence. This conclusion Is completely
unsupported. It reeks of sensationalism,
distortion, and self-seeking responslbUlty.

In other words, the newspapers themselves
have committed a Journalistic shotgun
attack.

Obviously, no sane or responsible person
could have committed this act of violence.
The crime could have been committed by
some disgruntled strikebreaker, by some un-
balanced union member, or by some person
unconnected with the newspapers or the
strike. As Chief of Police WUUam J. HU-
bruner said: "It might be connected with
the strike, or It might Just as easUy be some
crank or crackpot."

The labor unions of Oregon — and especially
the unions Involved In the newspaper
strike — have every reason to deplore this
crime. The imlons surely deplore It far more
than anyone else except the victim and his
family, for an unthinking public Is orUy too
ready to believe any charge of imlon vio-
lence.

The attack on Newhouse can do nothing
but damage to the unions' cause — a Just
cause for which 800 families have suffered a
year of beavy bardshlp. The unions know
this fact full weU. But a large segment of
the public has been carefully brainwashed
to believe unions guilty of any evil Insinuated
agtUnst them.

We hope the demented attacker of Donald
Newhouse is swiftly apprehended. Then Jus-
tice will be done — and perhaps the dally
newspapers will stop their shotgun attack on
decent unions and decent union people.

CONGRATULATIONS TO SENATOR
NEUBERGER

Mr. DOUGLAS. Madam President,
first of all, allow me to state the distinct
pleasure I have in being permitted to
submit, for printing In the Record, cer-
tain matters while the Chair Is being
occupied by the distinguished Jimior
Senator from Oregon [Mrs. NeubergerI.
Our entire body Is greatly honored by
her presence, and all of us have a distinct
feeling of pleasure that she is now one
of us.

BRIEF IN SUPPORT OP PROPOSI-
TION THAT A MAJORITY OF THE
SENATE HAS THE POWER TO
AMEND ITS RULES AT THE BE-
OINNINQ OP A NEW CONGRESS

Mr. DOUGLAS. Madam President,
we learn not only through our ears, but
also through our eyes; and frequently
we can learn more from reading than
from actual attendance at the sessions
of the Senate. This is true of Members
of the Senate, and of course it is even

more true of the members of the general
public.

Therefore, I shall ask imanlmous con-
sent to have printed in the Record two
documents which I think have a very
real bearing on the question which we
shall shortly be asked to decide, namely,
the power of a majority of the Members
of the Senate to amend the rules of the
Senate at the opening of a new Congress,
unfettered by any restrictive rules of
earlier Congresses.

So, Madam President, first I ask unan-
imous consent to have printed at this
point in the Record, as part of my re-
marks, a brief which six Members of the
Senate prepared and submitted to the
Vice President on December 30.
The PRESIDING OFFICER. Without

objection

Mr. RUSSELL. Madam President,
reserving the right to object, although I
shall not object, let me ask whether it
Is the same brief as the one heretofore
printed in the Record.

Mr. DOUGLAS. No; It has been re-
vised and brought up to date.

Mr. RUSSELL. I knew that the dis-
tinguished Senator from Illinois and
some of his cohorts had done a great
deal of work, and heretofore the Senator
from Illinois had offered considerable
matter for printing In the Record.
Mr. DOUGLAS. That Is correct.
This one treats with the same subject,
and embodies many of the same argu-
ments; but we think it is a somewhat
improved argument, and we have
brought it up to date.

Mr. RUSSELL. Madam President,

even though the Senator from Illinois

thinks It Is improved, I shall not object.

Mr. DOUGLAS. I appreciate the

courtesy of the Senator from Georgia.

The PRESIDING OFFICER Is there
objection?

There being no objection, the brief
was ordered to be printed in the Record,
as follows:

Betoke the Vice PaisiDEirr or the Vmrwo
States ( Acting as P«EsmENT of the Senate
or THE UmTEO States), in the Matter of
the Vice President's Rulincs in Connec-
tion WrrH Kffoets To Change Rxrur XXII,
December 30, 1000

BKIEF IN support OF PEOPOSITION THAT A MA-
JORITT OF THE MEMBERS OF THE SENATE OF
THE S7TH CONGRESS HAS POWER TO AMEMO
RULES AT THE OPENING OF THE NEW CONGRESS
UNFETTERED BY ANT RESTWICIIVE RULES OF
EARLIER CONGRESSES

Questions presented

1. Whether the Constitution, and particu-
larly article I, section 6 thereof, authorizes
the Senate of each new Congress to amend Its
own rules at the opening of the new Congress
unfettered by any restrictive rules of the
Senate of earlier Congresses.

a. Whether action by the Senate of an
earlier Congress can prevent the Senate of
the 87th Congress from adopting or amend-
ing rules as the majority of the Senators of
the 87th Congress believes will best facilitate
the business of the Senate and the Imple-
mentation of the mandate of the electorate.

3. Whether, at the opening of the Senate
Of the 87th Congress, a majority of the Mem-
bers of the Senate may terminate a filibuster
by a motion for the previous question or a
motion to cut off debate, where such action
Is necessary to recM;h a determination on the
rules to govern the Senate of the 87th Con-
gress.

Significance of questions jtreaented

1. The issues at stake on January 3, 1061 ;
The success or failure of the efforts that will
be made on the opening day of the 87th
Congress to end the filibuster and bring ma-
jority rule to the Senate may very well de-
termine the outcome of much of the impm-
tant legislation that wUl be presented to the
new Congress.

For rule XXn Is not only the "gravedlgger"
of meaningful and effective civil rights legis-
lation; It Is also the threat under which other
vital legislation has been defeated, delayed,
or compromised to meet the vlsws of ths
minority.

It would not be too much to say that what
Is at stake in the fight for reasonable ma-
jority rule to be made at the opening of the
new Congress is nothing more nor less than
the dignity of the Senate and its ability to
function as a democratic and representative
legislative body.

2. The Impossible hurdle of two-thirds clo-
ture: The existing rule XXn adopted on
January 12. 1959. permits the closing of de-
bate only after two-thirds of those present
and voting have voted affirmatively to close
debate.

This two-thirds of those present and vot-
ing rule was the riile from 1917 to 1949.
Prom 1049 to 1959, debate could only be
closed by two-thirds of the total Senate (not
two-thirds of those present and voting) vot-
ing affirmatively to close debate. Actually,
there Is no practical difference between the
1949-59 rule (two- thirds of the total Sen-
ate) and the 1917-49, existing rule (two-
thirds of those present and voting) . Attend-
ance is now virtually complete on all crucial
civil rights Issues and two-thirds of those
present and voting wlU in practical effect be
just about the some as two-thirds of the
total Senate.

Two-thirds cloture, the existing rule, can-
not be obtained in those areas where cloture
l3 needed. In all of the nine cases at at-
tempted cloture on a civil rights bill in the
Senate, it has never been possible to secure
a two-thirds vote of those present — although
In several cases a heavy majority wantud to
proceed to a vote (e^., 52-32 and 55-&3 on

FEPC in 1950) .

Up until 1957 the strategy of the antl-clvU-
rights forces was to use the flllbust«tr or
threat of filibuster to prevent any civil rights
legislation whatever from going through. In
1957 this strategy was shifted to emasculat-
ing civil rights measures under threat of fili-
buster and thus avoiding the necessity of an
actual filibuster. Thiu the 1957 and 1960
clvU rights bills were watered down by such
threats of filibuster and the Impossibility of
obtaining two-thirds cloture for a meaning-
ful civil rights bill. It Is probably not too
much to say that the reason that Congress
has not enacted legislation supporting and
Implementing the Supreme Court's 1954
desegregation decision Is because such a
measure would be relentlessly fUlbustered
and It Is not possible to obtain a two- thirds
vote to end a flllbiister on such a measure.
That a majority of Congress favors such
action to support the Court, and that major-
ity cloture would bring such action, cannot
be doubted.

3. Both party platforms pledge antlflll-
buster action: Both party platforms recog-
nise that the existing two-thirds cloture rule
is unworkable and pledge action to change
that rule.

The Republican platform pledges as fol-
lows: "We pledge our best efforts to change
present rule XXII of the Senate and other
appropriate congressional procedures that
often make unattainable proper legislative
Implementation of constitutional guaran-
tees."

The Democratic platform pledges as fol-
lows: "In order that the wUl of the Ameri-
can people may be expressed upon all leglsla-

1961

CONGRESSIONAL RECORD — SENATE

233

tlve proposals, we urge that action be taken
at the beginning at the 87th Congress to
Improve congressloxud prooediuvs so that
majority rule prevails and decisloiu can be
made after reasonable debate without being
blocked by a minority In either House.

"To aooompllsh these goals wlU reqtilre
executive orders, legal actions brought by
the Attcwney General, legislation, and Im-
proved congressloiial procedures to safeguard
majority rule."

4. Changing rule XXIX Is the only way to
implement civil rights promises of both par-
ties: Both parties have pledged meaningful
and effective clvU rights legislation In the
strongest and most unequivocal terms In his-
tory. The enactment of these pledges Into
law depends upon changing rule XXTT. for,
as we have seen, the history of the Senate
makes it abtmdantly clear that two-thirds
cloture Is not possible on meaningful and
effective civil rights legislation. Any Senator
who supports the pledges of his party plat-
form for civil rights legislation with more
than lip service must also support strength-
ening the antifllibuster rule, for the out-
come of the latter struggle will determine
whether those dvil rights pledges can be
kept.

6. Opening day or never for rule XXII
change: The only time a new filibuster rule
can be adopted Is at the opening of the Sen-
ate of the new Congress on January 3, 1961.
As we demonstrate In this brief, at the open-
ing of a new Congress a majority at the
Senators present and voting can cut off de-
bate and ad(^t any fUibuster nils for the
Senate of the new Congress that the majority
desire. But, once the Senate of the 87th
Congress has accepted rule XXn by acquies-
cing In the full body of existing rules and
has commenced to oi>erate under them, there
Is no way at r*'*"g**'g rule XXII later an.4n
the 87th Congress.

In a word. r\ile XXn U self -perpetuating
except at the opening of a new Congress.
Onoe rale XXII has been accepted by the
new CX>ngTesa it can be used as a letlial
weapon against changing It; there Is no way
of obtaining the necessary two-thirds to close
debate on a resolution for majority rule once
the exisUng rules are In effect. The sugges-
tion that majority rule can be obtained by
bringing a resolution to that effect out of
the Rules Committee and passing it on the
floor later in the Congress is totally iUxisory.
The same group that makes it Impossible to
obtain two- thirds cloture cm meaningful and
effective dvU rights legislation makes It im-
possible to obtain two-thirds clotui« on a
rules change for the purpose ot enacting
such meaningful and effective civil rights
legislation. Majority rule will either be ob-
tained at the opening of the Senate of the
new Congress or It will not be obtained
during the new Congress at alL

6. The Vice President's rulings: Thus the
Vice President's rulings, as suggested herein,
"that a majority of the Members of the Sen-
ate ot the 87th Congress have power to adopt
rules at the opening of the new Congress
unfettered by any restrictive rules of earlier
Congress SB and thus a majority of the Mem-
bers of the Senate of the 87th Congress have
power to terminate a filibuster by a motion
for the previous question or a motion to cut
off debate where euch action Is necessary to
reach a determination on the rules that will
govern the Senate of the 87th Congress" may
well determine the future of dvll rights and
much other legislation in the 87th Congress.
Statement of facts

The Senate of the 87th Congress wlU con-
vene at 12 o'clock meridian on January 8,
1961. Immediately after the prayer, for-
malities of presenting credentials and ad-
ministering the oath to new Members, and
the election of crfDoers, a member of the
group seeking to change rule XXn will seek

recognition and, upon receiving recognition,*
will address the Chair substantially as fol-
lows:

"Mr. President, on behalf of the following
Senators [listing them] and myself, and in
acccH-dance with article I, section 6 of the
Constitution of the United States and the
advisory rulings of the Chair at the opening
of the 85th and B6th Congresses. I send to
the desk a resolution and I ask that the
Clerk read it."

The resolution sent to the desk will be as
follows:

"Resolved. That subsection 3 of rule XXn
of the Standing Rules of the Senate is
amended to read as follows:

" "S. If a^ any time, notwithstanding the
provisions ol rule in or rule VI or any other
rule of the Senate, a motion, signed by 16
Senators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished busi-
ness, is presented to the Senate pursuant to
this subsection, the Presiding Officer shall
at once state the motion to the Senate, and
1 hour after the Senate meets on the 15th
calendar day thereafter (exclusive of Sun-
days and legal holidays), he shall lay the
motion b^ore the Senate and direct that
the Secretary call the roll, and, upon the
ascertainment that a quorum is present, the
Presiding Officer shall, without further de-
bate, submit to the Senate by a yea-and-nay
vote the question:

" ' "Is It the sense of the Senate that the
debate shall be brought to a close?"

" 'And If that question shall be decided
in the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
meastu'e, motion, or other matter pending
l>efore the Senate, or the unfinished busi-
ness, shall be the unfinished business to the
exclusion of all other business until disposed
of.

» Whatever position the new majority
leader may take upon the matter of a change
In the rules at the opening of the Senate of
the new Congress, It is not beUeved that he
would seek to deny recognition to a mem-
ber of the group seeking to change rule XXn.
In 1963, the majority leader. Senator Taft.
although opposing the movement for new
rules at the opening of the 83d Cong., fa-
cilitated the recognition of Senator Ander-
son for the purpose of moving the adoption
of new niles. In 1967. Majority Leado' Jorm-
so» also cooperated to this end. In 1959.
Majority Leader Johnson lilmself proposed
a rules change at the opening of the new
Congress. Actually, as will be seen, the pro-
posed procedure to change the rules at the
opening of the 87th Cong, follows closely
upon Senator Johnson's action in 1959, the
only addition being the reliance of the "ma-
jority rule" Senators upon the Constitution
and the advisory rulings of the Chair at the
opening of the 85th and 86th Cong.

Furthermore, the Senator seeking recog-
nition on behalf of the group proposing the
change In rule XXII would be constitution-
ally entitled to recognition. This brief puts
the Vice President and the leadership of both
parties in the Senate on notice that a sub-
stantial group of Senators do not auto-
matically acquiesce in the old rules. As such,
they are entitled to a determination whether
a majority of the Members of the Senate
of the 87th Cong, agree with them. Since.
as we demonstrate in this brief, a majority
of the Members of the Senate of the 87th
Cong, have power to adopt rules at the open-
ing of the new Congress unfettered by any
restrictive rules of earlier Congresses, rec-
ognition for the purpose of exercising this
power or determining whether a majority
exists who seek to exercise such power would
thus be constitutionally required. See col-
loquy between llajority Leader Johnsoh and
the Vice President on opening day 1969 (105
Congressional Rscobd 11).

" Thereafter no Senator shall be entitled
to speak in all more than 1 hour on the
measxire. motion, or other matter pending
before the Senate, or the unfinished bxisi-
ness, the amendments thereto, and motions
affecting the same, and it shall be the duty -
of the Presiding Officer to keep the time of
each Senator who speaks. Except by unani-
mous consent, no amendment shall be In
order after the vote to bring the debate to
a cloee, unless the same has been presented
and read prior to that time. No dilatory
motion, or dilatory amendment, or amend-
ment not germane shall be In order. Points
of order, including questions of relevancy,
and appeals from the decision of the Pre- '
siding Officer, shall be decided wi l^out de-
bate.' " I

After the Clerk resuls the resolution, the
Senator who had sent the resolution to the
desk will request unanimous consent for the
immediate consideration of the resolution.
Unanimous consent for the immediate con- ^^
sideration of the resolution is required be-
cause rtile XL entitles the Senate to 1 day's
notice in writing of motions to amend or
modify a rule.* If unanimous consent is
fcx-thcoming, the resolution is on the fioor
of the Senate for debate. If, as seems more
likely, one or more Senators refuse unani-
mous consent, the Senator who had sent the
resolution to the desk will address the Chair
as follows:

"Mr. President. I therefore send to the
desk a notice of a motion to amend certain
rules of the Senate and ask that it be read."

The notice of motion would read as fol-
lows:

"In accordance with the provisions of rule
XL Of the Standing Rules of the Senate, I
hereby give notice in writing that I shsdl
hereafter move to amend rule XXn of the
Standing Rules of the Senate In the fol-
lowing particulars, namely: Subsection S of
rule X'gTT of the Standing Rules of the Sea-
ate is amended to read as follows:

" '3. If at any time, notwithstanding the
provisions of rule IH or rule VI or any other
rule of the Senate, a motion, signed by 16
Senators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished
business, is presented to the Senate pursuant
to this subsection, the Presiding Officer shaU
at once state the motlMi to the Senate, and 1
hour after the Senate meets on the 15th cal-
endar day thereafter (exclusive of Sundays
and legal holidays), he shall lay the moti<»
before the Senate and direct that the Secre-
tary call the roll, and, upon the ascertain-
ment that a quorum is present, the Presid-
ing Officer shall, without further debate,
submit to the Senate by a yea-and-nay vote
the question: "Is it the sense of the Senate
that the debate shall be brought to a close?"

" 'And if that question shall be decided
In the affirmative by a majority vote of the
Senators duly chosen and sworn, then said
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, shall be the unflnl.shed business to the
exclusion of all other business twtll dis-
posed of.

" 'Thereafter no Senator shall he entitled
to speak In all more than 1 hour on the
measure, motion, or other matter pending
before the Senate, or the unfinished business,
the amendments thereto, and motions af-
fecting the same, and it shall be the duty of
the Presiding Officer to keep the time of each
Senator who speaks. Except by unanimous
consent, no amendment shall be In order
after the vote to bring the debate to a cloee.
unless the same has t>een presented and
read prior to that time. No dilatory motion.

■ Since nile XL does not restrict the power
of a majority of the Senate to act expedi-
tiously on new rules, the group seeking to
change rule XXII acquiesces in this rule
and Is operating tmder it.

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January 5

1961

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235

ii

or dilatory amendment, or amendment not
germane shall be In order. Points of order.
Including questlona of relevancy, and ap-
peals from the decision of the Presiding
Offlcer. shall be decided without debate.

•■ "The purpose of the proposed amendment
la to provide for bringing debate to a close
by a majority of the Senators duly chosen
and sworn after full and fair discussion.""
Presumably the Senate would thereupon
adjoxirn until Wednesday, January 4, when
debate on the resolution to change rule
XXII would commence.' It Is not believed
that the new majority leader would seek to
prejudice the right of the Senators bringing
up the resolution to change rule XXII by
attempting to take up other biulness on
January 3. Indeed. It Is customary for the
Senate not to remain In session for any length
of time on opening day when the new Sen-
ators who have Just been sworn in have con-
gratulatory and other festivities to attend.
If, by some remote chance, an effort were
made to go to other business. It would be
incumbent on the Senators supporting the
rules change either to object to the trans-
action of any such business or to make cer-
tain, by obtaining the necessary consents or
parliamentary rulings, that the transaction of
such business would not waive the rights of
the majority to adopt rules at the opening
(rf the Senate of the new Congress. In other
words. It would be necessary to make store
that the Vice President would be prepared
to treat January 4 as still the opening of the
new Congress for purposes of the rules, de-
spite the business the majority leader yto-
posed to transact January 3. As already
indicated, however. It Is not believed that
this problem is likely to arise; rather. It Is
assumed that debate on the resolution will
commence on January 4 without hitch.

It Is Immediately recognizable that the
proposed procedxire for January 3, 1961, Is
different from the iM-ocedure adopted by
the proponents of majority rule at the open-
ing of recent Congresses. In 1963 and 1957,
the motlcm utilized on opening day was as
follows :

"In accordance with article I, section B of
the Constitution which declares that * • •
'each House may determine the rules of Its
proceedings' • • • I now move that this body
take up for Immediate consideration the
adoption of rules for the Senate of the 83d
(or 85th) Congress."

In 1969 the same motion was offered as a
substitute for Majority Leader Johnson's
motion to amend the rules.

The Senators Joining In the effort to change
the rules on January 3, 1961, have two alter-
native courses open 'io them :

(I) They could have proceeded with the
motion to take up rules as they did In 1953
and 1957 and as they sought to do In 1969.

(II) Or they could proceed, as they are do-
ing, under the Constitution, the Vice Presi-
dent's advisory rulings In 1967 and 1959 and
the existing rules (to the extent they do not
thwart the will of the majority) .

The motion to take up rules utilized at the
opening of recent Congresses proceeds on the
assumption that the rules of the Senate do
not carry over from Congress to Congress ex-
cept by acquiescence of a majority of the
Senate of the new Congress. The briefs sub-
mitted In support of the motion to take up
the rules at the opening of recent Congresses

3 As In 1969, the Vice President, upon re-
quest of a Senator (105 Congressional Rec-
ord 98) , would lay the resolution before the
Senate during the morning hour. At the
conclusion of the morning how, the reso-
lution would be placed on the calendar (106
Congressional Record 102). At that time,
the sponsor of the resolution would move
that the Senate proceed to the considera-
tion of the resolution, as was done by Ma-
jority Leader Johnson In 1989 ( 105 Cohoris-
siONAi. Record 103) .

made out an overwhelming ease for this
proposition.

We have, however, decided on the second
alternative of proceeding under the Con-
stitution, the Vice President's rulings and
the existing rules, for three reasons:

1. Some Senators have Indicated concern
at operating under general parliamentary
procedures even during the period of the
adoption of rules, and the procedure now
being followed avoids this problem, for the
rules are assumed to carry over except to the
extent that they thwart the ability of the
majority to determine the rules at the open-
ing of the Senate of the new Congress.

2. Vice President Nixon repeatedly ex-
pressed his opinion at the opening of the
85th and 86th Congresses that the rules do
carry over from Senate to Senate except that
earlier rules. Insofar as they restrict the
power of the Senate of a new Congress to
change Its rules, are not binding on the
Senate at the opening of a new Congress.

3. Majority Leader Johnson's 1969 action
In bringing up a rules change on opening day
of the new Congress Is a recent precedent for
Immediate consideration under the rules of
such rules changes as are desired by a ma-
jority of the Members of the Senate.

We desire to make It extremely clear that,
by proceeding as we are doing under both
the Constitution and the existing rules, we
do not waive and we cannot be considered as
waiving the constitutional power of a major-
ity of the Members of the Senate of the new
Congress to adopt their own rules unfettered
by any restrictive rules of the past. We are
proceeding under the Constitution and under
the Vice President's repeated advisory r\U-
Ings that the rules, although they do carry
over from Congress to Congress, cannot re-
strict what a majority of the Senate of the
new Congress wants to do at the opening of a
new Congress In the way of determining what
rules are to govern the body for the next 2
years.

What tactics the opposlUon to a change
In rule XXII will adopt are, of course, not
known to us at this time. The opponents
have at least the following alternatives:

1. They can move to table the resolution
to amend the rules. If a majority votes to
table, such action would, as the Vice Presi-
dent made clear In 1957. constitute approval
of rule XXII as a part of the rules of the
Senate of the 87th Congress.

2. They can seek to defeat a motion to take
up the resolution to change rule XXn or
seek to defeat the resolution Itself. If a ma-
jority so votes, this would likewise constitute
approval of rule XXII.

3. They can make a point of order against
the consideration of the resolution to change
rule XXII. The point of order would not,
clearly not, be well taken. Whether or not
the proposed resolution is considered under
the Constitution or under the existing rules,
In either event it Is clearly in order. If rules
do not carry over from Congress to Congress
except by acquiescence, the proposed resolu-
tion is In order as an expression of such
acquiescence In the existing rules other than
rule XXII plus a new rule XXII. If the
rules do carry over, the resolution Is In order
(as majority leader Johnson's resolution was
In 1959) as a resolution to change a particu-
lar rule.

4. If the opponents of a change In nile
XXII do not have the votes to table (as In
1. above) or to defeat the proposed resolution
(as In 2. above), those who are most strenu-
ously opposed to majority rule will undoubt-
edly seek to filibuster either the motion to
take up the rules change or the rules change
Itself or both. It Is then and only then
that the real constitutional Issue arises:
Whether a majority of the Senators of the
newly convening body can cut off debate In
order to carry out their constitutional func-
tion of determining rules or whether they
must stand powerless before the minority

shielded by the rules of an earlier Senate?
This brief is essentially directed to the propo-
sition that a majority of Senators present
and voting are not bound by the old rule
XXn, but can cut off debate at the opening
of a new Congress for the purpose of per-
mitting the majority to determine the rules
that are to govern the body for the next 2
years.
Vice President Nixon's Earlier Rulings
In 1967, during the det>ate on the rules at
the opening of the Senate of the 86th Con-
gress. Vice President Nixon gave an advisory
ruling as follows (103 Co»«re8sional Rec-
ord 178) :

"It Is the opinion of the Chair that while
the rules of the Senate have been continued
from one Congress to another, the right of a.
current majOTlty of the Senate at the begin-
ning of a new Congress to adopt its own
rules, stemming as It does from the Consti-
tution Itself, cannot be restricted or Umltec*
by rules adopted by a majority of the Sen
ate In a previous Congress.

"Any provision of Senate rules adopted In
a previous Congress which has the expressed
or practical effect of denying the majority of
the Senate In a new Congress the right to
adopt the rules under which It desires to
proceed Is, In the opinion of the Chslr, tin-
constitutional. It Is also the opinion of the
Chair that section 3 of rule XXU In practlos
has such an effect.

"The Chair emphasizes that this Is only lUs
own opinion, because under Senate prece-
dents, a question of constitutionality csn
only be decided by the Senate Itself, and not
by the Chair.

"At the beginning of a sssston In a nsvly
elected Congress, the Senate can Indleste ttt
will In regard to Ita rules In one of three
ways:

"First. It can proceed to conduct its busi-
ness under the Senate rules which were In
effect In the previous Congfress and thereby
Indicate by acquiescence that thoee rtiles
continue In effect. This has been the prac-
tice In the past.

"Second. It can vote negatively when a
motion Is made to adopt new rules and by
such action Indicate approval of the prerlous
rules.

"Third. It can vote affirmatively to pro-
ceed with the adoption of new rtiles.

"Turning to the parliamentary slttiatlon
In which the Senate now finds itself. If the
motion to table shotild prevail, a majority of
the Senate by such action would have Indi-
cated Its approval of the previous rules of
the Senate, and those rulee would be binding
on the Senate for the remainder of this
Congress unless subsequently changed under
those rules.

"If. on the other hand, the motion to lay
on the table shall fall, the Senate can pro-
ceed with the adoption of rtiles under what-
ever procedures the majority of the Senate
approves.

"In summary, until the Senate at the
Initiation of a new Congress expresses Its will
otherwise, the rules In effect In the previous
Congress in the opinion of the Chair re-
main in effect, with the exception that the
Senate shotild not be bound by any pro-
vision In those previous rtiles which denies
the membership of the Senate to exercise
Its constitutional right to make Its own
rules."

In 1969, during the debate on the rules
at the opening of the Senate of the 86th
Congress. Vice President Nixon gave ad-
visory rulings as follows :

"Under the advisory opinion the Chair
rendered at the beginning of the last Con-
gress. It Is the opinion of the Chair that
tmtU the Senate Indicates otherwise by
Its majority vote the Senate Is proceeding
under the rules adopted previously by the
Senate, but. as the Chair also Indicated In
that opinion. It Is the view of the Chair that
a majority of the Senate has a constitu-

tional right St the beginning of each new
Congress to determine wtiat rales it desires to

follow" (106 CON4»EBSaONAI. BsoosB 6).

"The resolution submitted by the Senator
from Texas wtU be considered vnder the
rules of the Senate which have been adopt-
ed previously by the Senate. But as the
Chair stated earlier today, and as he ez-
prosend himself more fully in an advisory
opinion at the beginning of the last Oon-
grsss. In the opinion of the Chair the rules
prsvknisly adopted by the Senate and cur-
ivntly in eBect are not. Insofar as they re-
strict the power of the Senate to change its
rules, binding on the Senate at this time.

"The Chair ex(>reased that opinion in the
last Congreet;. but It is only an opinion. The
question of constitutionality lies within the
puw of the Senate itself to decide. The
Oonstittttlon gives to the Senate the power
to make its rtiles. That mesxu that the
Members of the Senate have the right to
determine the rules under which the Senate
will operate. This right. In the opinion of
the Chair, is one which can be exercised by
end Is lodged in a majority of the Members
of the Senate. This right. In the opinion ca
the Chair, in order to be operative also Im-
plies the constitutional right that the ma-
jority has the power to cut off debate In order
to exercise the right of changing or deter-
mining the rules" (105 Conosxssiomai, Rec-
ord 8-9).

"If, for example, during the cotirae at the
debate on the motion of the Senator tram
lyxas. which deals with changing the rules,
a Senator believes that action should be
taken and debate closed, such Soiator at that
time could. In the opinion of the Chair, raise
the constitutional question by moving to cut
off dsbate. The Chair would indicate his
opinion that such a motion was In order but
would subntlt the question to the Senate for
its decUVon" (106 CoNcaEssiostAL Rbcobd 9).

"In the opinion of the Chair, as he has
imsiwson it both yesterday and at the be-
gtnning of the flrst seeslon of the last Con-
gress, ths rtilss at the Senate continue from
Biiealim to ssaalnn until the Senate, at the
beginning of a sssiion indicates its will to
the contrary.

"In the opinion at the Chair, also, how-
ever, any rule of the Senate adopted in a
prior Coogrees, which has the express or im-
plied effect of restricting the constitutional
power of the Senate to make its own rtiles,
is inapplicable when rules are before the
Senate for consldsratlon at the beginning at
a new Congress.

"It has been the opinion of the Chair, for
example, that stibaectlon 8 at rule XXn
would fall in that category, becatise it hss
ths practical effect, or might have the prac-
tical effect, of denying to a majority of the
Senate at the beginning of a new Ccmgress
Ita consUtutlonal power to work Ita will with
regard to the rules by vhleh it desires to be
governed.

"On the other hand, in the opinion of
the Chair, the requirement that any pro-
posal to amend or adopt rules He over for a
day. under rule XL, would not have stich an
inhibiting effect. Consequently, the Chair
believes that rule XL U one which can prop-
erly apply In oonnectlon with consideration
of the rules by the Senate at this point" (10£
CoHOBsnoN AX. Record 06).

"It Is the opinion of the Chair that at the
beginning of a new Congress a majority of
the Senate has the constitutional right to
work Ita will with regard to the rules by
which it desires to be governed, and that that
right cannot be restricted by the member-
ship Of the Senate in one Congress imposing
Ita wUl on the membetship of the Senate in
another Congress" (106 Conor ■psiowal Rao-
ORO 101).

"Ths key probleni around irtilch this dis-
cussion has rsTohmd Is with regard to tlM
questioo at whsCbsr ths Bmmt» eaa move to
bring a question at change of the rules to a

Tote, as the Senator from Wyoming Is aware.
It Is the opinion of the Chair that Insofar as
that problem Is oonoemed, at the beginning
at a new Congress the Senate can proceed to
adopt new rules or to amend old rules with-
out being inhibited by any previous rule
which might restrict or deny the constitu-
tional right or power of a majority of the
membership of the Senate to determine ita
rules" (105 Conoressionai, Recosd 102).

"A consUtutlonal question would be pre-
sented if the time should come during the
course of the debate when action on chang-
ing the rtiles should seem unlikely because
of extended debate. At that point any Mem-
ber of the Senate, in the opinion of the
Ch«lr. would have the right to move to cut off
debate. Such a motion would be questioned
by raising a point of order. At that point
the Chair would submit the queetlon to the
Senate on the ground that a constitutional
question had been raised because of the
Chair's opinion that the Senate, at the com-
mencement of a new Congress, has the power
to make Its rules. That power, In the Chair's
opinion, cannot be restricted even by action
of the Senate itself, which would be the case
where the membership of the Senate In one
Congress has attempted to ctirtail the con-
stitutional right of the membership of the
Senate in another Congress to adopt ita
rtiles" (105 Congressional Record 108).

These nillngs are clearly correct * and the
remainder of this brief Is devoted to so
demonstrate.

Argument: The Vice President's advisory
rtillngs In 1957 and 1950 reflect a very real
understanding of the basic constitutional
principle here involved — that the Members
of the Senate of each new Congress have
undiluted power to determine the manner in
which they will operate during that Congress
and have no power whatever to determine
the manner In which the Senate of future
Congresses will operate. This basic consti-
tutional principle Is rooted both ..^ article
I, section 5 of the Constitution and In the
historic democratic principle that the pres-
ent shall determine Ite own destiny un-
hampered by the dead hand of the past.

The Senate of the First Congress meeting
In 1789 promptly adopted rules (see debates
and proceedings In the Congress of the
Dnlted Stetes. voL I, pp. 15-21). Any
Senator who would have sotight to prevent
the adoption of those rtiles and thus to
prevent the transaction of business by
undertaking a fUlbustO' would have fovind
himself quickly cut off by a motion for the
previous question. Indeed, the rules ad<^ted
for the Senate in 1789 expressly provided for
the prevlotis question motion and this pro-
vision remained In the Senate rules tintil
1808.

Jtist as the Senators of the First Congress
meeting in 1788 had tmdlluted power to
determine the rtiles tinder which they would
operate, so the Senators of the 87th Congress
meeting in 1961 have undiluted power to

• When we say that these rulings are clearly
correct, we mean that they are clearly cor-
rect insofar as they Indicate that a majority
of the Members of the Senate of a new Oon-
grees can act on rules unfettered by past
actions and can ctit off debate by majority
vote to reach a determination on the rules.
Whether the ruling was correct insofar as it
Buggeste that the rules carry over to the
extent ttiat they do not restrict tJie power of
the majority to change the rules at the
opening of the Senate of the new Congress Is
a different matter. But for present pur-
poses this question is academic and unneces-
sary to determine. For, without waiving any
right to argtie at a later date that the rtiles
do not carry over, we agree with the Vice
President's advisory rtillngs that, even If the
niles do carry over, they cannot restrict a
majcflty tram ehangtngjhsm at the opening
at the Senate at a new

determine the roles under whldh they wUI
operate. No rules at the Senate of an earlier
Congress can obstruct this right to adopt
rtiles to govern the transaction of btisineee.
And no Senator or group of Senators can
obstruct this right by seeking to prevent
action OD. the rules through undertaking a
filibuster. The filibuster Is not a constitu-
tional or a Ood-glven right. It Is up to the
majority oS the Senate convening on Janu-
ary 8, 1961, to determine whether they will
expressly limit the use of the filibuster for
the Senate of the 87th Congress.
I. The Majority of the Senate in Each Con-
gress Has a Constitutional Right To
Adopt Rules of Proceedings for the Sen-
ate of That Congress Unfettered by
Ai'.tlon or Rules of the Senate of Any
Preceding Congress
Article I, section 5 of the Constitution of
the United States declares that "each House
may determine the rules of Its proceedings."
Both the langtiage and context make clear
that "each House" means not only the sepa-
rate branches of the Congress — that Is, the
House and the Senate — but also the separate
branches of each succeeding Congress. No
reason has been or can be adduced to Inter-
pret this constitutional provision as a grant
of rule-making authority to the Members
of the Hotise and the Senate meeting for the
first time In 1789 and a withholding of this
same authority from the Members of the
Hotise and the Senate of later Congresses.
Both langtiage and logic lead to the conclu-
sion that the constitutional authority to
make rules Is granted to each Hotise of each
Congress.

Article I, section 5. as we have Jtist seen, is
an Identical grant of rule-making authority
to each House of Congress. It Is not dis-
puted that the House of R^resentatlves of
each new Congress has the power to, and
does, adopt new rules at the opening of each
Congress. (See point V). The Identical
constitutional provision cannot reasonably
be given a different Interpn-etatlon as applied
to the Senate, a coordinate branch of the
"Congress of the United Stetes." (Article I.
section 1 ) . For. not only do the two bodies
act as a team in the Congress, but the rule-
making authority of the House can be ren-
dered meaningless If the Senate is not also
in a position to adopt rules that will make
possible the expression of the majority will
of the Senate and thus a€ the Congress.

Every p;inclple of constitutional construc-
tion supporU the Interpretetlon of article
I, section 5, which gives the majority of the
Senate present on Jantiary 3, 1941, the right
to "determine the rules of Ita proceedings"
unfettered by action or rules of the Senate
of any preceding Congress. The Constltu^
tion of the United States should be inter-
preted in the light of the intention of ita
framers to btilld a democratic government
reflecting the will of the governed not only
for the day but for an enduring futtire.
What Chief Justice Marshall said In Mc-
CuUoch V. Maryland (4 Wheat. 316. 415>, of
the congressional power to pass "necessary
and proper" legislation. Is equally applicable
to Ita power to make Ita own rules without
the Impedimenta of the past:

"The subject Is the execution of those
great powers on which the welfare of a na-
tion essentially depends. It must have been
the Intention of those who gave these powers,
to insure, as far as htunan prudence could
insure, their benefl<dal execution. This
could not be done by confining the choice of
means to such narrow llmlta as not to leave It
in the power ot Congress to adopt any which
might be appropriate, and which were con-
ducive to the end. This provision is made In
a constitution intended to endure for ages
to come, and, consequently, to be adapted
to the various crises of human affairs. To
have prescribed the means by which govern-
ment should, In an tutwf time, execute ita
powen, would have been to change, entirely.

i

r

•i

236

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January 5

1961

CONGRESSIONAL RECORD — SENATE

237

i

. I

tHe character of the inetniment. and give
It the properties of a legal code. It would
have been an unwlae attempt to provide, by
Immutable rules, for exigencies which. If
foreseen at all. must have been seen dimly,
and which can be best provided for as they
occur. To have declared that the best means
shall not be used, but those alone without
which the power given woxild be nugatory,
would have been to deprive the legislature of
the capacity to avail Itself of experience, to
exercise Its reason, and to accomodate Its
legislation to circumstances."

Likewise, article I. section 5. must be read
In the light of the spirit of democratic go^
ernmenc upon which the Constitution Is
predicated. There Is no more basic prin-
ciple of democracy than that the present
shall determine its own destiny unhampered
by the dead hand of the past. It cannot be
argued, in a democracy, that earlier Con-
gresses can bind new Senators who are
elected on pledges to particular programs
which old rules make Impossible.

We cannot state this proposition as well as
Thomas Jefferson did many years ago:

"Can one generation bind another, and all
others. In succession forever? 1 think not.
The Creator has made the earth for the liv-
ing, not the dead • • •. A generation may
bind Itself as long as Its majority continues
in life; when that has disappeared, another
majority Is In place, holds all the rights and
powers their predecessors once held, and
may change their laws and Institutions to
suit themselves. Nothing then, is unchange-
able but the Inherent unalienable rights of
man." (The Jefferson Cyclopedia, vol. VII,
pp. 377. 378.)

As one generation cannot bind another,
so one legislature cannot bind its successor.
This fundamental principle of the independ-
ence and full authority of each new legisla-
ture, recognized by all authorities, has been
well stated by Judge Oooley (Constitutional
Limitations. 6th ed.. 1890. pp. 148-147) :

"To say that the leglslatiire may pass Ir-
repealable laws, is to say that it may alter
the very constitution from which It derives
Its authority; since, Insofar as one legisla-
ture could bind a subsequent one by Its en-
actments. It could In the same degree reduce
the legislative power of Its successors; and
the process might be repeated until, one by
one, the subjects of legislation would be ex-
cluded altogether from their control, and
the constitutional provision that the legis-
lative power shall be vested In two houses
would be to a greater or less degree rendered
ineffectual."

The Inherent right of legislative bodies to
be unfettered by previous assemblies has
been forcefully recognized by the Supreme
Coxirt of the United States In cases dating
beck, over a long period. This right, as ana-
lyzed by the Supreme Court, does not arise
from any particular phraseology In Federal
and State constitutions; It arises from the
very nature of successive legislatures In a
democratic society.

In one of the leading cases dealing with
this problem, the Supreme Court stated:

"Every succeeding legislature possesses the
same Jurisdiction and power with respect to
them as its predecessors. The latter have
the same power of repeal and modification
which the former had of enactment, neither
more or less. All occupy. In this respect, a
footing of perfect equality. This must
necessarily be so in the nature of things.
It is vital to the public welfare that each one
should be able at all times to do whatever
the varying circumstances and present exi-
gencies touching the subject involved may
require. A different result would be fraught
with evil." Newton v. Board of County Com-
missioners of Mahoning County, Ohio (1(X)
U.S. 548. 669).

Again, in response to the argument that
Congress could not change the use of certain
public lands, Mr. Justice (later Chief
Justice) Stone said:

"By dedicating the lands thus acquired to
a particular public use, Congress declared
a public policy, but did not purport to de-
prive Itself of the power to change that
policy by devoting the lands to other uses.
The dedication expressed no more than the
win of a particular Congress which doee not
Impose itself upon those to follow In suc-
ceeding years. See Newton v. Mahoning
County Commissioners (100 U.S. 648, 669):
Connecticut Mutual Life Insurance Co. v.
Spratley (173 U.S. 602, 621)." Reichelderfer
V. Quinn (287 U.S. 316, 318).

This principle, that no legislature can act
so as to fetter its successors in expressing
public policy aad public will, has been re-
peatedly expressed. See Town of East Hart-
ford V. Hartford Bridge Co. (10 How. 611,
533 ) ; Ohio Life Insurance and Trust Co. v.
Debolt (16 How. 416, 431); Connecticut Mu-
tual Life Ins. Co., v. Spratley (172 U.S. 602,
621) ; Toomer v. Witsell (334 U.S. 385, 393 (n.
19)). Who would maintain that, for ex-
ample. If the Congress enacts a law providing
that It can be repealed only by a two-thirds
vote, that a majority could not subsequently
repeal both that provision and the law Itself
by a simple majority? Such a theory would
by the first, irreversible step toward the de-
struction of democratic government. Yet
this is the very argument which is being
made by thlse who would assert the binding
effects of the old rules upon the Senate of
the new Congress.

Article I. section 6 of the Constitution.
empKiwerlng each Hoiue to "determine the
rules of its proceedings" must oe interpreted
In the light of these fundamental democratic
principles upon which the Constitution Is
based; so interpreted, it can only be read to
give each branch of each succeeding Con-
gress the same power of making its own rules
that the branches of the first Congress had
when they met in 1789. And there can be
no slightest question whatever that the ma-
jority of the Senators In 1789 had the right to
adopt rules for their own governance and
that that right could not have been frus-
trated by any attempts at flllbxister.

What we have had in the past docen years
is a clear Illustration of the evils Inherent In
the members of a legislative body seeking to
bind their successors. What we have had is
not simply a rule of the past whose inci-
dental effect is to bind the present and the
future; what we have had are purposeful
efforts to restrict the authority of future
Congresses by preventing changes In the
rules.

First came clause 3 of the Hayden-Wherry
resolution of 1949. which amended rule XXn
to provide that there shall be no cloture
whatever on any proposal to change the rules
of the Senate. The Senate of the 81st Con-
gress thus attempted to fasten Its will on the
Senate of all future Congresses; It attempted
to perpetuate the present rule XXII for all
time. This was not a simple effort to pro-
vide rules for the Senate's own governance,
but was rather a deliberate attempt to foist
those rules upon the Senate of all future
Congresses. As Senator Russkll so aptly
said of clause 3. "the rules of the Senate
hereafter are not subject to cloture on a
motion to proceed to the consideration of a
change in the standing rules * * * It
[clause 3 1 permits Senators who have the
courage to do so to protect the parliamen-
tary integrity of this body from assaults that
will come in the days that lie ahead." (96
CoNcaxssioNAL Rbcobo 2722. See also 96
CoNoazssioNAL Record 2230, 2416. 2582-2584,
2673-2675). Clause 3 was. In a word, a de-
liberate effort boldly stated to flout the basic
principle that the Members of one Congress
cannot bind their successors. The Vice
President's advisory rulings in both 1957 and
1959 clearly stated his beUef that clause 3
was unconstitutional.

Then. In 1959. the resolution of Majority
Leader JoKivaoir made an even more deter«

mined effort to bind the Senate of future
Congresses. While removing clause 3 of the
Hayden-Wherry resolution of 1949, the
Johnson resolution of 1969 added a new simi-
larly Intended section 2 to rule XXXII, read-
ing as follows:

"2. The rules of the Senate shall continue
from one Congress to the next Congress un-
1«M they are changed as provided In these

rules."

But this provision can no more deny to a
majority of the Senate of the 87th Congress
their right to adopt rules than could clause
3 of the 1949 resolution. True, lU intent,
when considered in the light of the existing
rule XXII. is to fasten that rule upon future
Congresses until two-thirds of the Senators
vote to cut off a filibuster against a rule*
change and get to a vote on a change in the
rules. But the intended piirpose falls before
article I. section 5. and the basic democratic
principles Just discussed. A majority in
1969 * cannot give a minority In 1961 the
right to prevent the majority in 1961 from
exercising Its democratic will. It cannot be
that such a strategem has effecUvely given
a minority of Senators a perpetual veto power
over the naUonal legislative process.

It might be helpful and clarifying to con-
sider some other possible coiu-ses that the
Senate of the 81st Congress or the 87th Con-
gress might have foUowed to perpetuate
rule XXII. Suppose that, instead of adopt-
ing section 2 of rule XXXII, the Johnson
resolution had provided that rules of the
Senate "may be amended hereafter only by
unanimous consent." Certainly no one would
contend that the Senators meeting on Janu-
ary 3, 1961 , would be bound by any such rule
and yet this Is exactly the purpose and effect
of secUon 2 of rule XXXn. As long as a
minority of Senators are on their feet and
ready to talk and there are not two-thirds of
the Senate ready to vote cloture, there can
be no change in the rules of the Senate even
though 56 jjercent or 60 percent or even more
favor majority cloture. There is little dif-
ference between substance, the only effect
of which is to create a certain result, and
the actual form. When the practical effect
of a provision Is unconstitutional, it does
not matter that the drafumen have care-
fully avoided a clear expression thereof.

Or let us take a second case. Suppose the
Senate In 1959 Instead of enacting section 2
of rule XXXII had adopted a rule that no
equal rights legislation could be considered
for 25 years or some other terms of years.
Again no one would dream of arguing that
this rule would bind a majority of the Sen-
ate of the incoming 87th Congress. Tet,
again as a pracUcal matter, that U exactly
the purpose of the action of the Senate of
1959.

The Senate of 1959, by section 2 of rule
XXXn. tried to bind the future Just as much
as if It had required unanimous consent
to any changes in the rules or had provided
thst the Senate of no future Congress could
take up equal rights legislation. Its efforts
to prevent the Senate from responding to the
win of the people cannot succeed under the
authorities cited and principles outlined
above.

Rule XXn. in combination with rule
XXXII, is substance masquerading as pro-
cedure. Rules are generally Intended to fa-
cilitate the conduct of business, not to pre-
vent it. The purpose of rules is to facilitate
and provide, by orderly procedures, what a
legislative body desires to do; a rule which
defeats the piu-pose for which rules are estab-
lished is hostile to democratic processes.

Rule XXn. in combination with rule
XXXTT, is not a procedural means of getting

■Whether there actually was a majority
for this provision is tmdear. It waa added
as part of a compromise package and no
vote was ever taken on this provision sepa-
rately.

business done; it Is a substantive means of
preventing business from being done.

It is a means of the Senate of one Con-
gress seeking to bind its successors to its own
rules and its own inaction.

It is a means of keeping the majority of
the Senate and of the people from determin-
ing vital substantive issues.

The answer to this attempt to bind the
future lies in article I, section 5, which
-gives the majority of the Senate of the
87th Congress, meeting for the first time on
January 3, 1961, the power and the duty
to make its own rules, unfettered by efforts
of the Senate of an earlier Congress to de-
prive this majority of its constitutional pow-
er and responsibility. Rules adopted by the
Senate of an earlier Congress cannot prej-
udice the explicit constitutional authority
m article I, section S.

n. The Fo;ir Closest Precedents In the His-
tory of the Senate All Support the Proposi-
tion That a Majority of th« Senate of a
New Congress Can Act To ^opt Its Own
Rules Without the Obstruction of Actions
and Rules of the Senate of an Barlier
Congress

A. Precedent 1 — ^The dismissal of the Sen-
ate printer in 1841: A Joint resolution of
1819 authorized each House of Congress to
choose the printer for the next succeeding
House: it provided the method, rights of
pay, and other matters of detail. Pursiiant
to this Joint resolution, the Democratic
Senate in 1840 choee as printer for the Sen-
ate of the following Congress (the 27th
Congress) the firm of Blair & Rives. Mr.
Blair was editor of the Washington Globe,
an Intensely partisan newspap>er which sup-
ported the Democratic administration. The
Whigs had given notice during the last days
of the 2d session of the 26th Congress that
they did not consider that the Democrats
had any constitutional or moral right to
choose a printer for the next Congress. De-
spite these warnings, the Democratic Senate
awarded the contract for the printing for the
next Senate to Blair A Blves.

Immediately upon the opening of a special
of the Whig-controlled 37th Oon-
Senator Mangtmi. of North Carolina,
introduced a resolution that Blair & Rives
be dismissed as printer to the Senate (9 Con-
gressional Globe, p. 236). The resolution
was heatedly oppoa«d. largely on the author-
ity of the established usage under the Joint
resolution of 1819. The opponents argued
that a printer had been elected 10 times
under the authority of the resolution and
that now. on the occasion of the 11th elec-
tion, the unconstitutionality of the author-
izing resolution was claimed too late.

Senator Allen, of Ohio, in a statement
quoted several times during the recent Sen-
ate debates on rules changes, stimmed up the
position of those contending for the binding
•ffaet of the action of the previous Senate
in these words:

"And as to the assertion that this was a
new Senate, he denied the fact. • • • There
was no such thing as a new Senate known
to the Constitution of this Republic. They
might as well speak of a new Supreme Court
as of a new Senate."

Senator Buchanan and others supported
Senator Allen, arguing for the theory of the
Senate as a permanent and continuous body
bound by the actions of the Senate of an
earlier Congress.

Rejecting the appeals of Senators Allen,
Buchanan, and the other Democrats, those in
favor of the dismissal of the printer desig-
nated the resolution of 1819 as a nullity be-
cause it attempted to bind tiie actions of
futtu'e Houses of Congress. The argvmient
that the Senate of one Congress could not
bind its successors prevailed; the resolution
to dismiss the printer was adopted 26 to 18.

In a word, the Senate of 1841 rejected the
theory that the action of the Senate of one
Congress could bind the Senate of a later

Congress. The Senate rejected this theory
in the face of the same arguments of perma-
nence and continuity that are now being
made by the suppcn-ters of rule XXH. In-
deed, it U significant that Senator Taf t. lead-
ing the battle against the motion to take up
rules in 195S. relied heavily upon the quota-
tion from Senator Allen in the 1841 debate,
despite the fact that Senator Allen's state-
ment and his theory had been repudiated by
a majority of the Senate when it voted to
dismiss the printer. In other words, those
who relied upon the statements of Senators
Allen. Buchanan, and their colleagues were
relying upon the arguments of the defeated
side; it was a^ thotigh. in arguing to a court,
a lawyer had relied upon a decision that had
been overruled.

B. Precedent 2. — ^Abrogation of the Joint
rules in 1876: The story of the abrogation of
the Joint rules and their relevance to the
present Issue was well stated In the Lead-
ership Conference Brief, 99 Congressional
Record 187, and quoted In the 1957 brief sub-
mitted by Senators Joining in the motion to
take up rules ( 109 Congressional Record 24.
26 ) . We again quote that statement in full :

"In the First Congress the Senate and
House adopted Joint rules to govern the rela-
tionship and necessary business between
them. Annals of Congress, 57-68, 987.
Thereafter, these Joint rules of the two
Houses were treated as in force and revised
and amended, although the Senate and
Hoiise did not adopt them at the beginning
of each Congress.

"In 1865, rule XXII of the Joint rules was
adc^ted in an attempt to settle the long-
standing controversy on the method of
counting elect(M«l votes. In 1869. there was
a violent quarrel between the two Houses of
Congress over the effect of this particular
Joint rule. This led to a determination by
a portion of the Senate to rescind that rule,
in anticipation of any problems over the
counting of electoral votes which might arise
tTOBo. the 1876 presidential election (Haynes,
op. dt.. supra, page 245 et seq.) . The desire
of the Senate to eliminate Joint rule XXII
led to the end of acqulesence of each new
Senate in the continiiation of the Joint rules
and the Senate in the 1st session of the 41st
Congress, after 87 years of unbroken histori-
cal usage, demonstrated Its right to adopt
new Joint rules at the beginning of each new
Congress.

"On December 15, Senator Edmunds, of
Vermont, introduced a resolution to adopt
the joint rules in force at the close of the last
session of Congress. Senator Bayard, of Dela-
ware, asked whether this was necessary, and
Senator Edmunds answered:

" 'Tliat. as a celebrated Englishman said,
is past flpfling out. The object of this resolu-
tion Is to ascertain from the proper Commit-
tee on Rules (which had jurisdiction over
the Joint rules as well as the Standing Rules
of the Senate) whether the Joint rules that
were in force at the last session of Congress
are in force now without any vote: and. If
80, upon what principle of law or Joint pro-
ceeding; and If not, of course to take some
steps to have some Joint rules between the

two Houses,' (4 CONGRE88TOWAL RECORD 220).

'"The resolution was referred to the Com-
mittee on Rules, which reported it back fa-
vorably with a technical amendment making
it a concurrent resolution. SenatcR* Hamlin
argued that the Joint rules operated only
by acquiescence (4 Congressional Reooro
309). Considerable heated discussion en-
sued. In which widely different theories as
to the effect and validity of the Joint rules
were stated. The one point receiving con-
stant reiteration was that the Joint rules
had operated by acquiescence, and must be
subject to change. Senator Hamlin, as he
gave the oommlttee report, stated it as
follows :

" 'It is only by acquiescence in long years
that they have been treated and regarded as

rules, and not by an affirmative vote either
of the House or of the Senate' (4 CoNaaaB<
siONAL Record 309) .

"Recognition that comm<m nnipnTit or
acquiescence could give validity to that
which was otherwise doubtful only so long as
the acquiescence continued was voiced by
Senator Merrimon, who said in the course of
this debate (4 Congressional Record 431-
432):

" "It seems, as the venerable Senator from
Maine [Mr. Hamlin] stated on a fornter occa-
sion, that this matter has passed uniformly
from the beginning of the Government down
to this time without question. The ques-
tion is now rai&Mi. and If today some action
of Congress should be required under the
Joint rules, and a Senator should rise and
say "I object." there would be the end of it.
It is only by common consent that the prac-
tice to which I have referred has prevailed.'

"Despite the appeals to history, longstand-
ing practice, and the venerablllty of thy
Joint rules, the Senate voted to reject a sub-
stitute resolution which would have treated
the rules as in force and provided for an
amendment of those rules, and accepted the
initial resolution which was framed on the
theory that no Joint rules existed at the
opening of the new Congress (4 Congres-
sional Record 519 ) .

"Thus, the Senate passed a concurrent res-
olution adopting the Joint rules anew for the
44th Congress. The House never passed this
resolution. The Senate, at various times,
since then has made an effort to have Joint
rules passed but they never have succeeded.
(Gllfrey, Precedents. 1914. p. P-441; Hinds,
sees. 6782-6787.) In most respects the
House and Senate now operate in the same
manner as they did under the Joint rules on
some theory of usage.

"The decision, by vote of the Senate, that
the Joint rules were not in effect demon-
strated that the Joint rules had existed only
by acquiescence and that the acquiescence
of even 87 years was in no way binding when
a majority manifested Its will to the con-
trary. It also showed conclusively that the
method by which the majority in such a sit-
uation manifests its will is by the adoption
of new rules and not by amendment of the
old ones."

C. Precedent 3 — Senator Walsh's resolu-
tion and arguments in 1917: At the opening
Of the 65th Congress in March 1917, Senators
Owen of Oklahoma and Walsh of Montana
raised the question whether the rules of the
preceding Senate were binding upon the
new body.

Senator Owen, on the first business day of
the Senate of the new Congress, March 6,
1917, refused to permit a bill to be referred
to committee on the grotuid that commit-
tees were not in existence at the beginning
of this new Congress, and Senator Walsk
supported Senator Owen's contention.

On March 7, Senator Walsh presented a
resolution squarely raising the Issue whether
the rules carried over from Senate to Sen-
ate and presented his now famous argument
against the old rules being utilised to frus-
trate the right of the Senate of the new
Congress to adopt rules for its governance.
Said the Senator: ."A majority may adopt
the rules in the first place. It is preposter-
ous to ai:5ert that they may deny to future
majorities the right to change them."

On the evening of March 7. after Sena-
tor Walsh's resc'lution and speech, caucuses
of both parties voted to approve a change
In rule XXn to provide for cloture by a two-
thirds vote. The resolution was debated by
unanimous consent vrlthout ever being re-
ferred to committee and was adopted on
March 8. 1917 (76 yeas. 3 nays). Senator
Walsh, who had accomplished his purpoae
of obtaining the cloture rule he sotighti
dropped his resolution.

D. Precedent 4 — ^Vioe President NixoWa
Advisory Rulings In 1967 and 1959.

! 1

238

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

239

I I

ti

n

r

4

At the opening of the 86th and 86th Con-
grMMS In 1967 and 1869. eeveral Senator*
made parliamentary inqvilrles of Vice Presi-
dent KntoK. With clarity and consistency
the Vice President gave repeated adTlsory
nillngs that a majority of the Senate of a
new Congress can act to adopt Its own rules
without the obstruction of actions and rules
of the Senate of an earlier Congress and that
a motion to cut off debate would be In order
against a filibuster attempt to prevent a de-
termination of the rules to govern the Sen-
ate of the new Ck)ngress. These rulings are
quoted earlier in this brief and will not be
■repeated here. But even a cursory glance
"back: at these rulings will be sufficient to
make clear that they follow the Constitution
and precedents with logic and reasoning.

Thus, in the four closest precedents, the
Senate, while some of Its Members talked
"continuous body" and others talked In a
contrary vein, each time supp)orted the right
of the Senate to adopt new rules unfettered
by past actions. The printer was dismissed
In 1841 despite the argument that this could
not be done In the face of the action of the
Senate of the earlier Congress; new Joint
rxiles were adopted in 1876 despite the action
and acquiescence of the Senate of the earlier
Congresses; a new cloture rule was adopted

in 1917 by overwhelming agreement once ths
argument was mads that ths old rules did
not bind the Senate of ths new Oongrsss; and
the Vlos Piesldent'B advisory raltngs In 1967
and 1969 wers well rsoslvsd by ths Ssnats.
in. The Senate of «ach Hew Congress Makes

a Presh Start on All ActlvltJes: It Has a

Right To Make a Presh Start In Whole

or In Part on Its RuIjs if a Majority So

Daslre

In every major activity the Senate recog-
nizes a constitutional right of the Senate of
each new Congress to determine both legis-
lative and executive business anew. All con-
sideration of bills,'' resolutions, treaties and
nominations starts at the beginning of each
Congress without reference to or continua-
tion of what has taken place In the past;
new officers and conunlttee members are
elected In the Senate of each new Congress:
when the Senate finally adjourns, the slate
Is wiped clean; the proceedings begin again
m the next Congress.

For convenience, we present an analysis of
the operations of the U.S. Senate in tabular
form.

The thing that stands out In the anal-
ysis Is that everything starts afresh with
the possible exception of the rules.' And
these, too. It Is submitted start afresh in

Analysis of the operations of the U.S. SeneUe

whole or in part ths moment a majority of
the Senators at the opening ot the Senate of
a new Congress so win It and so vote. All
that has happened over the past years is that
there has been acquiescence In the carryover
of rules of the Senate from Congress to Con-
gress* Carryover of the rules based on ac-
quiescence Is certainly no precedent for argu-
ing tbat ths earlier rules bind the Senate
at tiM new Congress In ths abssnos of tuch
acqnlsscenoe. Absent acqulescenoe. the Sen-
ate of the new Congress has power to adopt
lU rules at the opening of the new Congress
unfettered by any restrictive rule* of earltor
Congresses. The acquiescence In rule XXIT
will be ruptured when the resolution pro-
posed herein is offered on January t, 1961 .

IV. The Talk About the Senate Being a Con-
tinuing Body Is Both Mlslsadlng and Ir-
relevant; Whether or Not the Senate Is
Properly Termed a Continuous Body as an
Academic Matter Does Mot Dstermlne
Whether a Majority of the Senate of the
87th Congress May Adopt Ite Own Rules
Unobstructed by the Actions and Rules of
the Senate of Earlier Congresses
As ws have seen in polnte n and m, the
Senate has not In the past acted as a con-
tinuous body.

AcUvity

1, Introduction or bills

J. Committee consideration of bills

5. Debate on WUs.

4. Voting on bills —

6. Election of offlcwrs

6. CoosideraUon of validity of senatorial elections.

7. Consideration of treaties

8. Bubmlseion and con.5ideratton of nominatlmis...

9. Election of committee members

10. Adjournment

n. Rakt

Senate sets

anew In each

CongnsB

Senate bonnd

by Senate

of |)rece<]inf

Congress

X.
X.
X-
X.
X.

X..
X-
X-

X..

(?).

Conuaent

Sw Senate rule XXXn.
Do.
Do.
Do
MThWr the old <imcer» carry over until new ones are elected, the esrryover dot* notprtve
rules carry over. It Is a mere cfmvenlencc. Even In the House, the Clerk esRMS ov«
imtll the new one Is elected. Obviously this docs not prove tliat House mln carry ovsr;

they do not.' -^ ^ m ,_ ^. ^ _

Although credentials of a Senator-elect are often presented *" tbe Bsosts snar •• VSM>
flnnlntr of his term, the validity of the credentials can only be eosskUrsd by IheaiaaM
to which he was elected and not before.
See Ssnate rule X XX Vlim.

See Senate rule XXX vni(6). ^^ „ , ,

See rule XXV. While old commltteas carry over until new ones are elected, the carry-
over does not prove rules carry over. It to a mere convmJsnoe. Even >n tbs HoiMe,
the Clerk canlss over until the new one la elected. Obviously UUs does not prove tost

House miss SBrry over; they do not. _^, ,. ^ ^ .---^—

Adiounu sine die. When Congress ends at noon of a psrtleaiar day, and a nrtai sesana
of the Senate of the new Congress U called, the Seaste adjounu at nooa. and one mlaute
afterwar'l opens the new session.
Past pracUce of St^nste on rules Is ambljuoaa. It can be entlained as acquleBoaice In past
rules, which can either be repeated at the oponln« of tks OsBStf of any new Oonfrtm by
beginning to operate under them or wWch can be refused by the adoption of new miss
in whole or In port.

I Similarly, the fact that the President pro tempore carries over until there is a
change of iiarty control of the 8cn»t«- Is no evidence of rules carryover. On the con-
trary the fact tliat an election of a President pro tempore automatically follow^ a

atiift ki party control (sse W Corokkssioxal Rbcoso 9,) Is evidence that the Senate
of each now Coogreai responds to the will of the ma)t>rlty of the Senate of tnat
Congress.

It did not act as a continuous body in
184 I when It dismissed the printer chosen
by ths Senate of the earlier Congress; It did
not act as a continuous body In 1876 when It
adopted new Joint rules; and it did not act
as a continuous body in 1917 when it yielded
to the contrary arguments of Senator Walsh
and adopted the cloture rule he demanded
(point n) .

It does not today act as a continuous body;
It wipes the slate clean on bills. re.solutlons,
treaties, and nominations at the beginning
of each new Congress (point III).

It would be circular reasoning. Indeed, to
argue that, despite these actions, thtf Senate
Is a continuous body because It has acqui-
esced In the carryover of rules In ths past
and is now bound to continue to acquiesce
in the old rules because it is a continuous
body.

No one would deny that many Senators
have talked In terms of a continuous body
and that textbook writers have accepted this
talk In their academic works. But the talk
has been largely by those who tried — unsuc-

ceasfully — to use the phrase to prevent Sen-
ate action departing from that of the Senate

of an earlier Congress and who havs failed
in their sfforto.*

• As was well said In the 1957 brief of the
Legislative Reference Service of the Library
of Congress, in referring to the fact that no
action In connection with bills carries over
from the Senate of one Congress to the Sen-
ate of the next Congress:

"This necessary practice is not groimded
upon a rule only but upon art. I, sec. I. of
the Constitution of the United States which
veste all legislative power In the Congress.
As the legislative business of one Congress
cannot carry over to a subsequent Congress,
a fortiori, the legislative business of one
part of the Congress cannot carry over to
that part of a subsequent Congress."

*It has been suggested that the very fact
that the Senate rules referred to in the above
analysis provide that Senate bills, resolu-
tions, treaties, nominations, etc.. start afresh
is evidence that. In the absence of these
rules. Senate activities and business would
not start afresh. Tbere are several answers
to this suggestion: (1) The rules codified
rather than reverssd existing praotloe. (U)
At least with respect to legislative Inislness.

starting afresh Is a constitutional n«
slty. See note 6. supra. (Ill) Senate rule
XXXII provides for the continuation of
legislative business from session to session
of the same Congress; the existence of this
rule hardly proves that the opposite would
be true In the absence of rule XXXII. Wo
more does the existence of the varloxi* rules
providing that Senate business and activities
start afresh In a new Congress prove that
the opposite would be true In the absence of
these rules.

•Except, of course. In 1917. when Senators
Walsh and Owen refused to acquiesce until
the Senate adopted the cloture r\ile they
sought, and In 1963. 1967, and 1959. when
Senators Joining in the Anderson motion re-
fused to do so and the Senate. In voting to
teMe the Anderson motion. Indicated ite
acquiescence in the old rules.

•We have already seen (point n. A) how
Senator Taf t and others quoted Senator Allen
aod his colleagues who were on the losing
Bids in ths 1841 debate over ths dismissal <rf
the printer.

The esssnoe of the matter, of course. Is
that the term "continuous" Is an adjective
resulting from the two-thirds carryover of
Senators, not a cause of any thing. Also, it
can be appropriate when considering one
sspect of the Senate and inappropriate when
oouildering another. The adjective may. for
example, be well used when It Is simply
meant to convey the fact that two-thirds of
the Members of the Senate carry over to the
succeeding Congress; but. equally clearly,
the adjective "continuing" Is Inappropriate
when It Is Intendi^ to convey the Idea of a
body which vrlpes the slate clean In regard
to bills, treaties, nominations, ete. (see point
IH) . But whether or not the term "continu-
ing" is a good or s bad adjective.'" it has not
been a successful adjective when utilised
against concrete proposed action. It can-
not prevail over urtlcle I. section 6 of the
Constitution emj owerlng each House "to
determine the rules of Ite proceedings" nor
sanction a device by which the Senate of a
previous Congress attempted to fasten its will
upon the future. Whether the Senate be
continuous or not for other piuposes. Ite by-
laws (rules) are void where they conflict
with Ite charter (Constitution). If, by say-
ing that the Semite Is a continuous body.
It Is Intended to assert that the rules of
yesterday can bind the Senate of the Con-
gress of today, the simple answer Is that the
first obligation of the Senate is not to Ite
rules but to the people and the Constitution
from whence ite power derives. There cannot
be a constitutional obligation of the Senate
to observe rules whose purpose and effect
Is to deprive It of Ite constitutional right
to make ite own niJes.

ActuaUy, pcu'llaraentary bodies generally
taaiva both continuous and discontinuous
a^Mcte. The House of Representatives, as
we shall show in point V, has continuous
aspecte and yet no one refers to It as a con-
tinuous body and no one disputes Ite right
to adopt new rules at the beginning of each
Congress. By the same token, the Senate
has both continuous and discontinuous
aspecte; Ite limited continuous aspecte do
not support the proposition that the Senate
of an earlier Congress can prevent the Sen-
ate of a new Congress from acting upon rules
as the majority may determine at the open-
ing of the new C<mp'e88.

The relevant difference between the Hotise
and the Senate, which causes the latter to
be described sometimes as a continuous body,
is the fact that t'«o-thlrd8 of the Senators

"The passing reference to the Senate as
a continuing body In McGrain v. Dougherty
(273 U.S. 135), to much discvissed and little
analyzed. That ouse Involved an Investiga-
tion Into the malieasance of Attorney Gen-
eral Daugherty. which was begun In the
68th Cong., and the validity of a subpena
to the Attorney Ooneral's brother which had
been Issued diulni; the life of that Congress.
Before the Supreme Court handed down Ite
decision, the 68t}i Cong, had expired. In
considering whetlier the case had become
moot as a result of this fact, the Supreme
Court pointed out that the Senate could now
revive the committee "by a motion to that
effect" and therefore there was a potential
need for the information sought from
Daugherty. AU tlie Court held was that the
Senate had powiT to revive a committee
started In one Ccngress by action taken by
the Senate In the next Congress. This de-
cision did not Involve the determination
that the Senate was a continuing body for
all purposes, sin.ie it dealt only with the
problems of continuing investigations; ac-
tually, even the finding of the Senate's con-
tinuity In this rospect is open to question,
since a truly continuing body would not re-
quire a new motion to continue the work of
the committee. In a word, the Cotirt dis-
proved Ite own dictum.

carry over from Congress to Congress. But
the fact that two-thirds of the Senators
carry over to the new Congress Is not rele-
vant to the question whether the niles of the
Senate of one Congress bind the Senate of
the next Congress. What is relevant is the
fact that one-third of the Senators do not
carry over and that. In the courae of a very
few years, a majority of the Senators do not
carry over; and In the course of a little mw-e
than a generation, no Senator carries over.

The argument for the carryover of the
rules seems to come down to this: Because
two-thirds of the Senators carry over, the
Senate is a continuous body: because the
Senate II a contlnuoiis body, the rules carry
over. Striking the words "continuous body"
out of this formula, the argument comes
down to this: Since two-thirds of the Sena-
tors carry over, the rules carry over. But this
is a patent nonsequltur. It aEsume; that the
carryover of two-thirds of the Senate always
carries over a majority in favor of the rules.
The Infusion of one-third newly elected Sen-
ators— both by their numbers and their
power of persuasion — may very well change
the majority view on rules and it Is this
majority view that is determinative under
our constitutional democracy, not who car-
ries over. That the new one-third may
change the majority on any matter Is well
illustrated by the shifting of the Senate
from party to party over the years. The
argument that the two-thirds carryover pre-
vents the new majority from acting on the
ru'es disenfranchises not only tne newly
elected one-third, but the new majority who
are prevented from exercising therr powers
and duties to make the rules for their own
work and laws for the people. To say that
the Senate of the 87th Congress in 1961 is
the same as the Senate of the 1st Congress in
1789 becatise two-thirds of its members car-
lied over to the Senate of the 2d Congress is
to prefer romantic form to rational sub-
stance and dubious academic theory to prac-
tical reality.

Some Senators genuinely believe the Sen-
ate is a "continuous body." Others genuinely
believe that It Is iK>t. that it acts as a "dis-
continuous body." Both have the right to
their opinions. But when a descriptive term
resulting from nothing more than the carry-
over of two-thirds of the Senators Ih used as
a reason for preventing the majority of the
body from determining the Senate's actions,
an adjective is being confused with a reason
and an effect with a cause. The parliamen-
tary deadfall dug by the Senate of a dead
Congress, harmless enough as an abstraction,
should not be permitted to stultify and de-
stroy the power of the Senate and of the
entire Congress In the present.
V. The Practice of the House of Represente-

tlves in Readopting Its Rules In Kach New

Congress Is a Relevant Precedent for the

Senate

As we have noted mtmy times in i-Jils brief,
article I, section 6, of the Constitution pro-
vides that "each House may determine the
rules of Ite proceedings." Article I, section
1 provides that "all legislative powjsrs herein
granted shall be vested in a Congr-iss of the
United States, which shall consist of a Sen-
ate and House of Representatives." The
Constitution contains reference after refer-
ence to the Congress of which the Senate is
a coordinate part. Where any differences In
the conduct or authority of the two Houses
are Intended, they are set forth In express
terms In the Constitution and no difference
Is expressed In relation to th6 determination
of rules. We believe, therefore, that the
Senate can properly consider the history and
practice of the Hotise of Representatives In
the adoption of ite rules.

A. Brief history of House practice on
adoption ot the rules: The House In the
First Congress, as one of Ite first acts,
adopted rules of procedure, based on those
used In the Contlnentol Congress (Oalloway,

"Congress at the Crossroads" (1946), p. 18:
Annals of Congress 121 ) . The House at the
Second Congress Instituted the system, now
in use, of adopting the niles of the prior
House at the beginning of the session (8
Annals of Congress 143). This practice ap-
parently continued until 1860. However, for
the 30-year period from 1860 to 1890, the
House operated under a system of acquies-
cence in past rules, without necessarUy for-
mally adopting new rules at the beginning
of each Congress. During this period the
Hoiise operated imder a resolution providing
that the 1860 rules of the House should be
the rules "of the present and subsequent
Congresses unless otherwise ortwed." This
rule remained In existence until 1890 and
operated as the source of authority for ths
rules of the House.

In 1890, there occurred perhaps the most
famovis example of a change in basic legisla-
tive procedure In oiu- covmtry. Speaker
Reed ruled that at the beginning of each
new Congress the House operates imdo' gen-
eral parliamentary law until new rules are
adopted. By so ruling, he made it possible
for the majority of the House to adopt new
rules which were designed to promote effec-
tive majority exercise of legislative functions
and to prevent minority obstructionism (21
Congressional Record 1347; 99 Congres-
sional Record 188, 189). Since 1890, Hoiise
rules have been adopted anew by each in-
coming Congress. The 1890 episode demon-
strates that acquiescence In the carryover of
rules does not prevent the majority from act-
ing when they no longer deem such acquies-
cence in the public interest.

B. Current House practice on adoption of
the rules: Very early in the first session of
each new Congress, on the first or second
day, the ranking member of the (old) Com-
mittee on Rules offers a resolution adopting
rules for the new Congress (Galloway, "Leg-
islative Procedxure in Congress" (1955) , p. 15) .
The resolution often is phrased In terms
of reference to the rules of the preceding
Congress, although the rules are sometimes
set out In full (see 99 Congressional Rec-
ord 15-24). Unless a major change Is pro-
posed, debate Is non-existent or perfunctory
and the rules are adopted within a few min-
utes (see adoption of rules for 84th and 85th
Congresses at 101 Congressional Rbcoid 11;
103 Conckxssional Record 47) . Even when
a controversial change has been proposed, the
debate does not run on unduly (see adoption
of new rules for the 81st and 82d Congresses
at 95 Congressional Record 10; 97 Congres-
sional Record 9 ) ." Diirlng the period pre-
liminary to the adoption of the rules, the
Hoiise operates under general parllamentery
procedure (21 Congressional Record 740-
749; 99 Congressional Record 24) and under
general parliamentary procedure debate on
the rules can always be effectively closed by
a call for the previous question (99 Con-
oaxssioNAL Record 24) . The experience of
the House within the last 60 years in adopt- .
ing rules has proved conclusively that the
necessity for periodic adoption every 2 years
at the opening of each new Congress does
not delay either the organization of the leg-
islative body or the prompt consideration
of legislative business.

C. Carryover of House Clerk: Perhaps the
most striking example of a House procedure
which, at first glance, Is inconsistent with
the House's view of Itself as a discontinuous
body is the carryover of the Clerk of the old
House for the purpose of opening the new
session of Congress in the new House. This
procedure is described at 100 Conoressional
Bbcorp 188 (see also Cannon's Procedure in

« In 1951, the proposed rules were amended
and then adopted without undue interrup-
tion of House business even though efforte
to close debate by use of the previous ques-
tion motion were tinsuccessful.

m

240

CONGRESSIONAL RECORD — SENATE

Janiuiry 5

I

P

i

I

House of RepresentaUves 176) . It U now au-
thorized by statute, although, of coxirse. that
statute, like the provisions of the Legislative
Reorganization Act, Is subject to change by
the House In the exercise of Its constitu-
tional right to make iU own rules. That
statute, moreover, merely codifies a long-
standing custom and House rule, under
which the House operated prior to the
statute. The carrypver procedure is not
limited solely to the Clerk, for, in case the
Clerk U absent, the duty falls upon the
Sergeant at Arms and next on the Doorkeep-
er (Binds, "Precedents." 15). This weU-
known and unquestioned procedure offers a
further convincing demonstration that nec-
essary procedural carryovers, acquiesced in
over a long ^riod of time, do not change the
nature of a legislative body and cannot ob-
literate nor diminish the constitutional and
moral right of a majority of an American
legislative body to make its own rules.

The House also carries over certain other
fimctions. These are listed In sections e74ft-
6754 of Hinds, "Precedents." Hinds, In sum-
marizing these carryover procedures, points
out that, although the House becomes
functus olBcio at the end of Its terms. In
practice certain rules extend into the new
Congress. But the carryover of the Clerk
and of other items by acquiescence does not
deprive the House of Its right to make new
rules at the opening of a new Congress; no
more does past acquiescence of the Senate in
niles carryover deprive it of the right to
make new rules at the opening of a new
Congress when a majority of the Senators
then elected and present so decide.

Theee practices and procedures of the
House of Representatives are relevant to the
debate concerning the adoption of new rules
by the Senate. Because the House and the
Senate operate as a team in a S-year Congress,
the Senate in each Congress starts anew
with respect to legislative business. So does
th« House. (The Senate also starts anew in
each new Congress the business relating to Its
special functions in connection with noml-
natl«>n8 and treatymaking.) Both organize
their activities on a a-year basis.

The sole significant difference between the
two legislative bodies In our Congress is the
duration of the individual Senators' terms
and the rotation of one-third of the niimber
of Senators every 2 years. The historical nui-
terials demonstrate that the longer term for
Senators was established in order to provide
a moderating force in Congress, a body which
would have stability and the opportunity via
its longer term to acquire specialized knowl-
edge in the field of foreign affairs and some
Independence from the pressures of politics.
(See Prescott. "Drafting the Federal Con-
stitution," pp. 247-260.) It is equally clear
from the debates in the Constitutional Con-
vention that there was a firm desire to avoid
the establishment of a permanent upper
house similar to the House of Lords. Thus
the Convention dismissed without even a
vote a suggestion made that tenure might
be for life. It rejected the proposal of a
0-year term in favor of the shorter, e-year
term. The fact that the Founding Fathers
desired to give a measure of stability to one
branch of the Congress cannot support any
artificial theories abrogating the right of new
Senators in each new Congress to have equal
voice in establishing "the rule* of its pro-
ceedings." If the rules cannot as a matter
of actual fact be changed at the will of the
majority, as in the House, the Senate will
have been converted into that permanent,
undemocratic and irresponsive body which
it was the particular intention of the drafters
of the Constitution to prevent.'*

VI. Majority Rule Is the Basic Principle of
Legislative Action Prescribed by the Con-
stitution of the United States: The
Rulings of the Vice President Should Be
Made in 1961. as in 1957 and 1959. in the
Light of the Fact That His Decision May
Well Determine Whether Constitutional
Majority Rule Is To Be Regained In the
Senate of the United States
Majority rule has not existed in the Senate
of the United States for many years. The
filibuster and the threat of filibuster have
prevented the majority from carrying out its
will In the Senate and thus In the Congress.
This Is In direct opposition to the letter and
spirit of the Constitution which established
majority rule as the basic principle of oiu*
Government, and the basis of the ena«^tlng
power of the Houses of Congress. The Su-
preme Court has aptly described the principle
of majority rule as one "sanctioned by our
goverrunental practices, by business pro-
ced\ire, and by the whole philosophy of
democratic institutions." NJ..R^. v. A. J.
Tower Co. (329 VB. 324, 331).

The pervasive need for majority rule was
recognized at the Constitutional (Conven-
tion. Alexander Hamilton, writing in the
Federalist, No. XXII. strongly emphasized
this need as follows:

"To give a minority a negative upon a
majority (which is always the case where
more than a majority is requisite to a deci-
sion) is. in its tendency, to subject the sense
of the greater number to that of the les-
ser * * *. K a pertinacious minority can
control the opinion of a majority, respecting
the best mode of conducting It, the majority,
in order that something nuiy be done, must
conform to the views of the minority; and
thus the sense of the smaller number will
overrule that of the greater, and give a tone
to national proceedings."

The authors of the Constitution prescribed
majority rule as the rule for congressional
action by expressly enumerating all the in-
stances in which more than a majority vote
was to be required. These special cases were
limited to five. There are two-thirds re-
quirements in connection with ( 1 ) the power
of Congress to override the veto, (2) sena-
torial ratification of treaties, (3) the initia-
tion by Congress of proposals to amend the
Constitution. (4) the impeachment power,
and (S) the expulsion of Members of Con-
gress. In these rare instances, where it was
felt necessary to make exceptions to ma-
jority rule, the Constitution expressly said
so (art. I. sec. 7; art. n. sec. 2; art. V; art. I.
sec. 3; art. I. sec. 5).

This detailed specification of the two-
thirds requirement in connection with par-
ticular powers demonstrates that, when Con-
gress was to operate other than by majority
rule, it was so instructed by definite language
in the Constitution. When a document, as
carefully drafted and considered as was the
Constitution, enumerates particular excep-
tions to a general rule. It must be concluded
that no other exceptions were intended to be
made. As the Supreme Cotut said in Addi-
son V. Holly Hill Co. (322 UA. 607 at 617) :
"Exemptions made in such detail preclude
their enlargement by implication."

The framers of the Constitution gave fur-
ther evidence of their intent that the ma-
jority rule should govern in all except the

" Actually the precedent set by the Hotise
in adopting its rules at the opening of each
Congress goes far beyond what la proposed
here. The Senators backing majority rule

are not now proposing the adoption of all
the rules at the opening of Congress. All
they are suggesting is the adoption of a new
rule XXII and the right of the majority of
the Senate of the new Congress to adopt that
new rule XXII without obstruction in the
form of action by earlier congresses. Cer-
tainly the right to adopt a whole new set of
rules unfettered by old rules includes the
right to adopt one at more new rules unfet-
tered by old rtile*.

five specified Instances by the great care
with which they limited the two-thirds re-
quirement. At least two separate instances
are recorded in which the convention re-
jected efforts to impose a two-thirds require-
ment on leslslatlon :

1. On Augiut 29, a motion to limit the
national power over Interstate and foreign
commerce by a two- thirds provision WM
made and rejected. Mr. Sherman, in arguing
against the motion, stated that "to require
more than a majority to decide a question
was alwajrs embarrassing, as had been ex-
perienced in cases requiring the votes of
nine States in Congress" (referring to the
Congress under the Articles of Confedera-
tion).

2. On September 16. another attempt to
fetter Congress' control over navigation toy
a two-thirds limitation was unsuoeessfxil
(Farrand. "Records of the Federal Conven-
tion of 1787") .

In addition to the rejected attempU that
were made to limit the majority principle
in connection with substantive powers, the
motion in the Constitutional Convention to
raise the quorum provision (art. I. sec. ft)
from a majority to two-thirds was over-
whelmingly put down. Some members of
the Convention even feared that a majority
was too large a number. George Morrta
pointed out that "the secession of a small
number" might "in the national coun-
cils • • • be fatal." and this fear of his was
concurred in by a number of others who
spoke on the subject (Prescott. "Drafting
the Federal Constitution." p. 425 et seq.).
Accordingly, the Congress was given powsr
to compel the attendance of absent members
so that a majority could be gathered to-
gether and the biuiness of the Oongreaa
dispatched.

Majority rule la the constitutional meas-
ure for legislative action. As Senator Thom-
as of Colorado pointed out in debating the
cloture rule of 1917, "majority rule U an
eesential principle in American Govern-
ment" (66 CoNoaiasioMAL Rxcoao 33). Tet
this ftindamental constitutional principle
can only be reesteblished in the VS. Senate
through new rules, in whole or In part, at the
opening of the Senate of a new Congress.
If this route Is blocked by a riOlng of the Vice
President or otherwise, there will be no way
to carry out this basic principle of the Oon-
stltutlon and to Implement the SupreoBO
Court's statement that a House of Congress
"may not by Its rules Ignore constitutional
restrainu • • •" United States v. BalUn
(144 U.S. 1. 6).

Vn. Conclusion

Article I. section 6 of the Constitution
gives the Senate of each succeeding Congress.
Just as it gives the House of each succeeding
Congress, the power to act on rules without
regard to anything that the Senate of an
earlier Congress may have done (point I).
We have seen how the fundamental princi-
ples of democratic government require that
the majority of the Senators of each new
Congress have the right to act xinfettered
by an earlier majority (point I). We have
seen how the Senate has refused to be bound
by the action of the Senate of earlier Con-
gresses whenever its own majority desired to
take action (point 11). We have aeen how
the Senate wipes the slate clean at the
opening of each new Congress (point ni).
We have seen how the Senate has talked
continuity and acted dlacontinuoualy (point
IV). We have seen that the history and
practice of the House of Representatives Is
a relevant precedent In favor of a ruling
that a majority of the Members of the Sen-
ate of the 87th Congrera have power to adopt
rules at the opening ot the new Congress un-
fettered by any restrictive rules of earlier
Congresses and thus a majority of the Mem-
bers of the Senate of the 87th Congress have
power to terminate a filibuster by a moUon

1961

CONGRESSIONAL RECORD — SENATE

241

for the previous question or a motion to cut
off debate where siich action is necessary to
determine the rules that will govern the
Senate of the 87th Congress (point V) . We
have seen that the proposed action at the
opening of Congress is the only method to
restore the constitutional principle of ma-
jority rule to the Senate ot the United
States (point VI).

For all these reasons, we urge the Vice
President, acting as President of the Sen-
ate, to reassert his advisory rulings of 1957
and 1959 and tlius to make possible a retiirn
to the constitutional principle of majority
rule.

Bespectftdly submitted by Senators Joining
In motion to amend rule XXII.

HoBKBT HtncPHBrr.

Thomas Kuchkl.

Paul H. Douolas.

Jacob JAvrrs.

Joseph S. Cuuuc.

CUTvoao Cass.

THE PREVIOUS QUESTION IN THE
SENATE

Mr. DOUGLAS. Madam President, I
now ask unanimous consent to have
printed in the Rkcoko a discussion of the
Issue of the previous question In the
Senate. I may say that I prepared It for
the subsequent debate in 1957. It goes
Int- the history of moving the previous
question In the Senate and also in the
British House of Commons.

There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:

Thx Previous Quhstiok in the Senate

Mr. Douglas. Mr. President, from time to
time during the debate over whether the
Senate should proceed to adopt new rules, it
was said by the eminent Senator from
Georgia (Mr. Russell] that, contrary to pub-
lished reports, the previous question motion,
which was a part of the Senate rules from
1780 to 1806, did not have the effect of clos-
ing or limiting debate; and that in the prac-
tice ot the Senate in those years, there had
beien no effective rule to limit debate which
could be invoked by a simple majority.

It has also been said by the Senator from
Georgia and others that in those early days
of the Senate, the previous question rule
was not one whose usage was like the present
iisage of the previous question In almost
every parliamentary body, the effect of which
Is to cut off debate, but that It was used then
to postpone a matter, the effect of which was
said to be to follow the usage of the British
Parliament and the Continental Congress.

Mr. President, this may seem to be a high-
ly academic mstter to disciiss. but since the
Senate places 8<i much emphasis upon prece-
dents, and slnc4! the question of a substitute
for unlimited debate Involves the use of the
previous question, and since, if we move to
adopt new rules in the coming Congress, de-
bate will take place under general i>arlia-
mentary law, which includes the previous
question, it is very important that we kZK>w
what the precedents, so far as the use of the
previous question Is concerned, have been in
both the United States Senate and the Brit-
ish Parliament, and also, let me say. in the
Continental Congress.

I have had my office notify the office of the
Senator from Georgia that I Intended to dis-
cuss this subject this afternoon. So I have
tried to comity with the usages and practices
of the Senate.

My main purpose in speaking today is to
examine the records and the documents and
to show that, first, in the early Senate, the
moving of the previous question could be
Vised as a motion to end debate; in fact, it

was moved with the Intention of stopping
debate; on two occasions its effect was to
stop debate, cmd It was carried by a nxajor-
Ity vote; and. second, while the previous
question oould also have the effect ot post-
ponement, that point Is only bait the story,
for In both the British Parliament and the
Continental Congress the motion was also
used to stop debate.

I shall develop these points as I go along.

same points made in 19S3

When the Anderson motion, that the Sen-
ate proceed to adopt its rules, was l>efore
the Senate in 1953, the same contention was
made, namely, that the "previous question"
had first only been a motion to postpone
consideration rather than a motion to end
debate and bring a measure to a vote. In
particular, the brief placed In the Record on
behalf of those who opposed the Anderson
motion to proceed to adopt the rules o^ the
Senate, contained such statements.

That brief was printed as a Senate docu-
ment. Senate Document No. 4, 83d Congress,
1st session, and the statement is on page 11
of tliat publication.

That brief was placed in the Record again
this year. Various sources were quoted in
that brief as saying that the motion, the
previous question, which was a part of the
rtUes of the Senate from 1789 to 1806, could
not be used to end debate and bring a vote —
as in fact it was used — but was a motion to
postpone consideration of a blU before the
Senate and that It was debatable. In par-
ticular, the brief quotes from an article
written by Henry Cabot Lodge in the North
American Review of November 1803, entitled
"Obstruction in the Senate." This Is what
he wrote :

"There never has been in the Senate any
rule which enabled the majority to close
debate or compel a vote. The previous ques-
tion, which existed in the earliest years, was
abandoned in 1806. was the pre\ious ques-
tion of England and not that with which
everyone is familiar today in our House of
Representatives. It was not In practice a
cloture and it Is therefore correct to say that
the power of closing debate In the modem
sense has never existed In the Senate" (p.
11).

This passage from what Senator Lodge
wrote has been extensively vised, and, as I
sliall later show, it Is almost completely
wrong.

While quoting from that brief dxiring the
1953 debate, the late Senator Robert Taft
also quoted from an article in tlie Congres-
sional Digest of November 1926. That article
said In part :

"The previous question was provided for
in the first Senate rules found in the Annals
of the First Congress from 1739 to 1791.
Rules Vm, IX, and XI, related to the pre-
vious question but were rarely used. Like
the precedents for the rule in the British
Parliament and the Continental Congress
when it was used in the early days of the
Senate it did not limit debate but avoided
a vote on a given subject. The previous
question was debatable • • • but not on
amendments." (Congressional Record,
vol. 99, pt. 1, p. 112.)

I shall show today, Mr. President, that
both of those statements, the statement of
Senator Lodge and the article In the Con-
gressional Digest, are not accurate, and that
they have misled a great many eminent
students of parliamentary law and Mem-
bers of the Senate.

On the opening day of this session of
Congress, January 3, 1957, I received per-
mission to place in the body of the Rscoro
a number of papers bearing on the power
of the Senate to change its niles, and of
the necessity of doing so. Among these was
an article written for the Wasliington Poet
and Times Herald by Irving Brant, the biog-
rapher of President Madison. It was pub-

lished under the heading "Absurdities and
Conflicts in Senate Rules Are Outlined," and
a]}peared on January 2, 1957.

Ordinarily an article In a newspaper, on
the subject of senatorial powers and prl^-
leges does not unduly attract the attention
of any of my colleagues. This one, however,
attracted the attention of one of our most
distinguished Members, the senior Senator
from Georgia, and on January 4 he addressed
himself to it in debate. His partlcvilar ob-
jection to the article was to the following
sentence in a thuuibnall chronology of Sen-
ate rules on debate :

"From 1789 to 1806, debate on a bill oould
be ended instantly by a majority of Senators
present, through adoption of an undebatable
motion tor the previous question."

This, my distinguished colleague declared,
was completely Incorrect.

"If," said he, "Mr. Brant had been as zeal-
ous in his research, and in seeking and pro-
ducing the facts as he was in being an advo-
cate in this matter, he would have found
that there was absolutely no relationship.
except in name, between the previous-ques-
tion rule which applied in the Senate in
those days."

And. I presume, he meant the previous-
question rvile as it is en4>loyed in other
bodies to put an end to debate. Concern-
ing the early Senate rule he asserted :

"That was the previous-qtiestlon rule from
the British Parliament, which applied in
that body for many years. A motion for the
previous question was in the nature of a
motion to postpone consideration of a bill
before the Senate. It was open to debate.
It could be debated without let or hindrance
of any kind. It was merely a method of
disposing of a measure before the Senate
without taking action on it at that time."

Further. Mr. Walter Lippmann. who re-
peated Mr. Brant's point in an article of his
own on rule XXII. was also said by my
eminent colleague to have been in error con-
cerning the early practice of the Senate.

Late last December, before the debate on
rule XXn, I asked the Library of Congress
to go into this matter and to see what actu-
ally had happened in the Senate under the
prevlovis-queEtlon rule In effect from 1789 to
1806. I asked them to go to the original
sources — the Senate Journals and the An-
nals of Congress — and to send me abstracts
of the proceedings as given In those historic
journals. At the very time Mr. Brant's state-
ment was being called into question on the
fioor of the Senate, and while his academic
qualifications were being rather roughly
treated, I actually held in my hand the
abstracts from the original Journal of the
Senate, the Executive Journal, and the An-
nals of Congress, which showed that Mr.
Brant was substantially correct. In fact at
that point in the debate I asked the distin-
guished Senator who was speaking to yield to
me. I made that request so that I might
throw some light on the statements concern-
ing the use of the previous-question motion
in the Senate from 1789 to 1806. My at-
tempted Interruption wUl be foxind In the
Congressional Rbcxjrd, volume 108, part 1,
page 153. which I hold in my hand.

It will be noted that because we were
under very strict time limitations — which
was something of a paradox, for we were
debating the issue of unlimited debate in
the Senate of the United States — my request
to the distinguished Senator to yield was
refused. *

Further, Mr. President, on that v«7 day
I had a member of my staff deliver a copy
of the abstracts from those early Senate de-
bates to the Parliamentarian of the Senate.

Now, Mr. Preeident, I desire to take up four
general matters.

First, I feel obligated to discuss the quall-
fications of Mr. Brant and to defend what
is, indeed, described as an excellent reputa-
tion for historical and scholarly work — a

!

cvn-

-16

242

CONGRESSIONAL RECORD — SENATE

Jarmary 5

i

repuUtlon which 1» in no way diminished
by the article he wrote for the Washington

Oaoond, I wish to take up. one by one. the
ooMciona on which the previous question was
moved in the Senate of the United States
in the years 1789-180«.

Third. I desire to discuss the issue of
whether or not the motion for the previous
question was, in fact, debatable "without
let or hindrance."

Finally. I wish to say a few words about the
historical evolution of the use and meaning
of the previous question motion in the
United SUtes and in the British House of
Ck>mmons.

I

Before speaking about Mr. Brant's qualifi-
cations, I wish to state that he has written
to me on the subject of his article in the
Washington Post and the previous question
motion. He apparently welcomed the sug-
gestion that he should devote himself with
iseal to seeking and producing facts. He has
done so. At the end of my remarks I shall
place in the Rk:o»d a memorandum which
he has prepared on the developttnent of clo-
ture and the previous question in American
and British practice. It includes a pene-
trating study of the Senate's use of the pre-
vious question, probing the motives and pur-
poses of the Senators who Invoked it and of
those who opposed It. I think that the way
in which he has performed this task will im-
press even those who might be Inclined to be
critical.

Ak>ng with this memorandum, Mr. Brant
has written me a letter which does not take
up the highly Involved Senate cases, as does
his memorandum, but siuxmiarlzes the results
of his research into the debatabllity of the
motion for the previous question in the Sen-
ate, and the part that motion has played in
the development of cloture both in the
United States and Btogland. As this letter
goes briefly and directly to the main points
at issue, I desire to read it to the Senate:
Washington, D.C,

January 24, 1957.
Senator Pattl H. Douglas,
Senate Office Building,
Washington, D.C.

DxAB Senator Dottolas : The article I wrote
for the Washington Post and Times Herald
on the right of the present Senate to change
its rules without being thwarted by a past
Senate appears to have become a matter
of controversy since you placed it in the
Congbsssional Rxcoko. The seniCM: Senator
from Georgia said on the floor that I was
completely In error in stating that from
178B to 1806, "debate on a bill ooiUd be
ended instantly by a majority of Senators
present, through adoption of an undebat-
able motion calling for the previous ques-
tion."

There was, said the Senator, "absolutely
no relationship, except in name, to the pre-
vious-question rule which applied in the
Senate in those days." The Senate rule
from 1789 to 1806, he contended, "was the
previous-question rule from the British Par-
liament, which applied in that body for
many years. Such a motion, he said, "oould
be debated without let or hindrance. It
was merely a method of disposing of a meas-
xu-e without taking action on it at that
time."

My reference to the motion for the pre-
vlovis question as luidebatable needed a
qualification which was not given in that
chronological summary of Senate practice.
Under rule XVI, then in force, a filibuster-
ing debate on the motion fc«' the previous
question could be stopped at any moment
by the Presiding OiScer. The rule provided
that "every question of order shall be de-
cided by the President without debate."
It was not until February 14, 1838, that rule

XVI was amended to allow an appeal from
the decision of the Chair. Instead of being
debatable "without let ot hindrance," the
motion for the previous question was pro-
tected by so sweeping a control by the Vice
President that the mere existence of the
power made obstructive tactics futile.

In his reference to British and American
parliamentary practice, the Georgia Senator
took no account of the fact that adoption
of the motion for the previoxis question
closed debate instantly and completely, re-
gardless of the motive for invoking It, and
brought the main question to an immediate
final vote. He also overlooked the inter-
related development of the previous ques-
tion and cloture in the two countries, and
the deliberate use of the previous question
In the United States to accomplish what
the British achieved through cloture.

In the American Continental Congress, the
motion for the previous question was so
worded as to indicate the purpose of avoid-
ing a vote, even though the effect might
be to force one. The same wording Is used
in the House of Commons. Until recently,
I shared the supposition that this early
American form was based on British prece-
dent. The truth is that in the 1880'b, scores
of years after the motion for the previoxis
question had become a universal instru-
ment of cloture in the United States, the
House of Commons reached the same end
by placing the label of "closure" on the
familiar wording (exactly the same except
for the Irrelevant word "the") in which the
motion for the prevloxis question was
phrased. The House of Commons then re-
worded the motion for the previous ques-
tion by adopting the form used in our
Continental Congress — a wording, wrote
Clerk of the House Sir Thomas Ersklne May,
"which appears to be a superior form to that
used in this country." Thus, England split
the system in two while we use one motion
for two purposes.

Where does this leave our defenders of
the right to filibuster? They are compelled
to appeal to the English practice of the 17th
century in order to deny the propriety of
an American practice which England took
over from America in the 19th century.

Although the constitutional power of the
Senate to make its own rules is not gov-
erned by the way that power has been exar-
cised in the past, It is well worth while to
examine the uae of the previous-question
rule during the period it existed in the
Senate. In doing so, it is not my purpose
to draft a brief but to describe each use
of the motion with absolute Impartiality,
not merely in terms of Its technical effect,
but by seeking out the source, motives, and
legislative consequences of, the invocation.
The factual material ought to be useful to
both sides in the ciurent confiict, even
though the concliuions which I reach from
the record may be displeasing to one group.
Enclosed is a memorandum on the De-
velopment of Clotiu-e and the Motion for
the Previous Question In America and Brit-
ish Practices.

Tours sincerely,

IxviNG Brant.
I shall later ask to have the memorandum
which Mr. Brant submitted printed In the
Rxcoao.

Mr. President, since the qualifications of
Mr. Brant were called ihto question, and
since some ridicule was heaped upon him, I
think it Is only proper to speak atx>ut the
prominence of Mr. Brant as an historian.

I have in my hand five Tolumee which
Mr. Brant has completed on the life of James
Madison, which tell the story of Madison
from birth through his first term as Presi-
dent, to the outbreak of the War of 1812. I
hare read all of these volumes. I have read

two or three of them several times. I can
say that they rank, in the field of biography,
with Dumas Malone's Life of Jefferson and
with Carl Sandburg's Life of Lincoln. I
have read reviews of these books in the his-
torical Journals of this country and have
noted with pleasure the high praise which
the eminent historians who are specialists
In this field have heaped upon the work of
Mr. Brant.

It so happens that Mr. Brant has special-
ised in the very period which is under dis-
cussion today, the period from 1788 to 1806.
and then the later period in which the Presi-
dent of the Senate had power to close debate
on his own action, that is until 1838.

Mr. Brant does not accept secondary
sources. He goes back to primary sources
in every case. He takes no one's word for
what happens. He goes to the original docu-
ments and to the records of the Senate and
the House, and of the Constitutional Con-
vention, as well as letters of contemporaries
and contemporary diaries. His work Is a
magnificent piece of American scholarship,
and studenU of American history know that
he really needs no defense.

I wish to make the (>rophecy that when
his final volumes appear. It is quite probable
that he will be awarded the PuUtaer PrlM.
although, of course. I have no power to
bestow that prise on him. In any event, X
think there can be no doubt about the quaU-
fications of Mr. Brant. I am sure that when
the eminent Senator from Georgia, with his
characteristic sense of fairness, reviews the
evidence, he will not wish to stand on the
criticisms which he made of Mr. Brant's
scholarship.

Mr. President. I wish to read an escerpt
from a letter from one of the most eminent
American historians. Henry Steele Com-
mager. professor of history at Columbia and
at Amherst College, who Is one of the best
known and authoritative of historians. This
letter concerns Mr. Brant. I wrote him ask-
ing for his judgment as to how Mr Brant
stood In the profession. I should like to
read the salient portion of the letter, which
was sent to me under date of April 18, 1967:
"Brant's Madison, which has now reached
five volumes, is by universal agreement of
American historians, one of the most Impres-
sive achievements of American historical
writing of our generation. Thorough, criti-
cal, judicious, comprehensive, well written,
it has the quality that so few biographies
have, of doing the job so completely and so
well that it does not have to be done over.
What Is perhaps most impressive about
Brant's work is that it is based entirely on
original research, that it takes nothing for
granted but goes to the sources, that it main-
tains the very highest standards of rigid
scholarship. Whatever may be said of
Brant's Interpretations — and there will al-
wajrs be differences of Interpretation — this
can be said with confidence, that Brant's his-
torical scholarship is Impeccable and unim-
peachable."

XX. THE PBKVIOTTS QUKSTION MOTION AS TTSBD XM
THE SENATE Or THX UNITKO STATES, I7St-
ISOS

I now oome to the subject of the previous
question as it was four times employed in the
U.8. Senate from 1789 to 1806.

I wish to say, as a matter of clarity, that
the "previous question" in the Senate in
those years was put in two different forms,
althoxigh the rules provided that it oould only
be put in the affirmative.

Those two foniu were the affirmative form
and the negative form. The affirmative form,
as provided in the riUes, was "Shall the main
question be now put?" The negative form,
which was not provided for in the rules, wss
worded, "That the main question be not now
put."

1961

CONGRESSIONAL RECORD » SEN ATE

243

Depouling upon the form and the vote,
one of two results oould flow from either of
thnsn motions. The result oould be, first, to
exul debate and bring a vote on the main
Issue; or second, to postpone.

When the motion was put aflinnatlvsiy.
naixMly, "Shall the main question be now
putT" a majority of the Senators voting "yea"
oould close debate and the original motion
oould be brought to an inunedlate vote.
Latn I shall deal with the question of
whether it oould be debated without let or
hindrance.

Wlien the previous question motion was
put In the negative, namely, "That the main
question be not now put," a majority of the
Senators votiixg "nay" ooiild close debate and
a vote could be brought immediately on the
main question.

In other words, a negative vote on the
negative form meant that all the debate was
shut off, and the main question was put.
There was no hiattu, no interregnum.

On the other hand, when the majority
voted "nay" when the irotion was put in the
affirmative, this Ymd Xix^ effect of postponing
consideration. Also when the majority Toted
"yea" when the motion was put in the nega-
tive, this had the effect of postponing con-
sideration.

Therefore. I wish to draw the first main
point. That is that every form of the previ-
ous question— afllrmative or negative — could
bring the main question to a vote depending
upon the will or sense ot the Senate. That
is to say that the previous question when
put afllrmatlTely ended debate when passed
in the affirmative, and when put negatively,
it ended debate when passed in the nega-
tive and brought the main question to an
immediate vote, without further debate.

To put it in a slightly different way, when
the vote on the previous question motion
corresponds directly with the form at the
question, debate U closed and a vote is taken
on the main issue. That is to say a "nay"
vote to the negative form of the question
resulU In closing debate and bringing the
main question to a vote, and an affirmative
vote on the affirmative form of the question
results in closing debate and brings the main
question to a vote.

Now I wish to turn to the four eases when
the motion was used in the Senate. I shall
not discuss them at length at this time for
that should wait unUl Senators have had
an opportunity to read the facts about them
which are presented In Mr. Brant's memo-
randum. However, I shall give a brief sum-
mary of those cases as well as the abstracts
of them from the Senate's records, and. of
course, they are found in the Executive Jour-
nal of the UJ9. Senate, and the annals of the
Eighth Congress, first session, as well as the
Journal of the first session of the Senste of
the United Ststes, which U still In the rare-
book room in the Library of Congress.

In August of 1789, the Senate had before
It a blU entitled "An act providing for the
expenses which may attend negotiations or
treaties with ths IndUn tribes " On Au-
gust 17 and 18. 1789, the previovis question
was moved on each day and put in the form
provided in the rules: Shall the main ques-
tion l>e now put? On both occasions, which
I am here using as a single case, the motion
was defeated. The effect was to postpone
the main question and it appears that this
was the ptirpose of moving the motion. It
is also clear that had the motion passed in
the affirmative, the effect would have been
to bring the matter to an Immediate vote.

I ask unanimous consent that at this point
In the Record there be printed the abstracts
from the debates on August 7, 18, 14. 17, 18,
19. and 30. 1789, which are found in the
Journal of the first seasion of the Senate of
the United States.

There being no objection, the abstracts
were ordered to be printed in the Rxcorb. as
follows:

"[Journal cf the first session of the Senate
of the United States]

"ABSTRACT 1

"(Friday, Augtut 7. 1789)

"A message from the Preaident of the United

Statet, by General Knox

"Gentlemen of the Senate, the business
which has hitherto been under the consider-
ation of Congress, has been of so much im-
portance, that I was unwilling to draw their
attention from it to any other subject. But
the disputes which exist between some of
the United States and several powerful tribes
of Indians within the limits of the Union,
and the hostilities which have in several
instances been committed on the frontiers
seem to require the inunedlate interposition
of the general Oovemment.

"I have, therefore, directed the several
statements and papers which have been
submitted to me on this subject, by General
Knox, to be laid before you for your infor-
mation.

"While the measures of Government ought
to be calculated to protect its citizens from
all Injury and violence, a due regard should
be extended to those Indian tribes, whose
happiness, in the course of events so mate-
rially depends on the national justice and
humanity of the United States.

"If it should be the judgment of Congress
that It would be most expedient to terminate
all differences in the southern district, and
to lay the foundation for future confidence
by an amicable treaty with the Indian tribes
in that quarter, I think proper to suggest
the consideration of the expediency of Insti-
tuting a temporary commission for that pur-
pose, to consist of three persons, whose au-
tiiority should expire with the occasion.
How far such a measure, unassisted by poets,
would be competent to the establishment
and preservation of peace and tranquility on
the frontiers, is also a matter which merits
your serious consideration.

"Along with this object I am induced to
suggest another, with the national impor-
tance and necessity of which I am deeply
impressed; I mean some uniform and effec-
tive system for the militia of the United
States. It Is unnecessary to offer arguments
in recommendation of a measure, on v^Uch
the honor, safety, and well-being of our
country so evidently and so essentially
depend; but it may not be anUss to observe
that I am particularly anxious it should
receive as early attention as circumstances
vrtll admit: l>ecause it U now in our power
to avail ourselves of the military knowledge
disseminated throughout the several States
by means of the many well-instructed officers
and soldiers of the late Army; a resource
which is daily diminishing by death and
other caiises. To suffer this peculiar advan-
tage to pass away unimproved, would be to
neglect an opportunity which will never
again occxir, unless, unfortunately, we
should again be Involved in a long and ardu-
ous war.

"Geo. Washikgtoh.

"New York, August 7, 1789 (pp. 89-90).

"(Thursday, Augtist 13, 1789)

"A message from the House of Hepresenta-

tive$

"Mr. Beckley, their Clerk, brought up a
bUl, enUtled, 'An act providing for the ex-
penses which may attend negotiations or
treaties with the Indian tribes, and the ap-
pointment of commissioners for managing
the same,' together virlth the papers referred
to in the President's message of the 7th of
August — and he withdrew.

"The bill entitled 'An act i»ovldlng for the
exj>ensee which may attend negotiations of

treaties with the Indian tribes, and the ap-
pointment of commissioners for irmn^gt^g
the saooe,' was read a first time, ordered,
that tomorrow be assigned for a second
reading (pp. 9&-96) .

"(Friday, August 14, 1789)

"Proceeded to a second reading of the bill
entitled. 'An act providing for the expenses
which may attend negotiations or treaties
with the Indian tribes, and the t^pointment
of commissioners for managing the same.'
ordered, that the bill be committed to Mr.
Few, Mr. Ellsworth, Mr. B^ing, Mr. Lee, and
Mr. Butler (p. 96) .

"(Monday, August 17, 1789)

"The committee appointed to take into
consideration the bill, entitled 'An act pro-
viding for the expenses which may attend
negotiations or treaties with the Indian
tribes, and the appointment of Commission-
ers for managing the same,' reported that
it be

" 'Resolved, That there be allowed and paid
to a Superintendent of Indian Affairs in the
southern department, that may be nomi-
nated by the President, and appointed toy,
and with the advice and consent of the Sen-
ate, the sum of per day, including his

expenses, for the time he may be employed
in attending a treaty, proposed to be held
by the Commissioners of the United States
and the Creek Indians, at the Rock -Landing,
in the State of Georgia, on the 15th day of
September next;

" "That in case the proposed treaty should
fail in the desired object, of establishiiiig
peace between the citizens of the United
States and the Creek Indians, Congress will
make such grants of money, and pursue such
other measures, as will be necessary for the
protection and safety of the inhabitants of
the southern frontiers, and best secure the
peace of the United States':

"And on motion to accept the report.
"It passed in the negative.
"On motion, that it be
" 'Resolved. That the President of the
United States be requested to nominate a
fit person for Superintendent of Indian Af-
fairs in the southern department, in order
that he may be sent forward as soon as may
be, to act with the Commissioners of Indian
Affairs in the southern department, ap-
pointed pursuant to a resolution of Congress,

passed on the day of and aid them

in carrying into effect a treaty that is iwo-
posed to be held with the Creek Nation, on
the 15th day of September next, in the State
of Georgia, at the Rock -Landing;

" "That the sum of dollars be de-
livered to the said Superintendent, to be
appropriated for the immediate purpose of
the said treaty, for which sum he shall be
accountable:

" -That the President of the United States
be reqtiested to Instruct the said Super-
intendent and Commissioners, to hear and
fully investigate all the complaints and
grievances of the said Creek Indians, and to
use all the means in their power to quiet
their minds and do them ample justice,
agreeably to the aforesaid resolution of Con-
gress, and Instructions heretofore given for
the purpose : That if the said Indians should
prove refractory, or refuse to treat and es-
tablish peace on just and reasonable terms,
then and in that case, the said Superin-
tendent and Commissioners be directed to
make immediate report thereof to the Presi-
dent of the United States, and Congress will
make such grants of money, and pursue
such other measures, as will be necessary
for the safety and protection of the inhabi-
tants of the southern frontiers, and best se-
cure the peac i of the United SUtes.'
"It jwssed in the negative.

244

CX>NGRESSIONAL RECORD — SENATE

January 5

It

'I

\ i

^

W

n

"On motion, that It be

" •Resolved. TUat the Prealdent of the
United States be authorized and empowered,
and he Is hereby authorized and empowered,
shoiUd the Creek Indians decline to make
peace with the State of Georgia, to take
effectual measures for covering the State of
Georgia from the incursions of the Indians,
either by ordering some of the troops now
at Fort Harmar to march to the frontiers of
Georgia, or by embodying such a nxunber of
the mllltla as he shall think sxifflclent to
insure to the citizens of Georgia protection,
and the cultivation of their lands in peace
and security, and that he be empowered to
draw on the Treasury for defraying the
expenses of the same/

"And on motion for the previous question,
to wit: 'Shall the main question be now
put?'

"It passed In the negative.
"The Senate adjourned to 11 o'clock to-
morrow (pp. 96-98).

"(Tuesday. August 18, 1789)
"And proceeded In a second reading of the
bill, entitled 'An act providing for the ex-
penses which may attend negotiations or
treaties with the Indian tribes, and the ap-
pointment of Commissioners for managing
the same.'

"On motion, to strike out 'Eight Dollars.'
from the clause providing for the compensa-
tion to the Conunlssioner, and insert '$6,' in
lines.
"It passed In the negative.
"On motion, to insert after 'Eight dollars
per day', 'at the discretion of the President."
"It passed In the negative.
"On motion, upon the comptBisatlon to the
commissioners, to strike out 'eight dollars,'
and insert 'six dollars.'
"It passed in the negative.
"Ordered. That the niles of the House be
so far dispensed with, as that the said bill
shall have a third reading at this time.

"On motion to strike out in line 3. 'forty.'
and insert 'twenty,' in order thereby to limit
the sum to be expended in negotiating a
treaty with the Indian tribes, to $30,000
Instead of $40,000.

"The yetw and nays being required by one-
fifth of the Senators present :

"Mr. Butler, nay; Mr. Carroll, yea; Mr. Dal-
ton, yea; Mr. Ellsworth, yea; Mr. Elmer, yea;
Mr. Pew. nay; Mr. Gunn, nay; Mr. Henry, yea;
Mr. Johnston, yea; Mr. Izard, nay; Mr. King,
yea; Mr. Langdon. yea; Mr. Lee, nay; Mr.
Maclay, nay; Mr. Morris, nay; Mr. Read, yea;
Mr. Schuyler, yea; Mr. Strong, yea; Mr. Win-
gate, yea. Yeas. 12; nays, 7.
"So it passed in the afflrmative.
"On motion, that it be
"jBeaoIred, That Congress will make pro-
Tlslon for the discharging of any expenses
that may be incurred by such military ar-
rangements, as the President of the United
States may think proper to make, for the
purpose of protecting the citizens of Georgia
from the depredations of the Creek Indians,
should peace not take place with them, or
•hould they, having agreed to a peace, violate
the same.

"And on motion for the previoiis question,
to wit: 'Shall the main question be now
put?'

"It passed in the negative.
"And on the question upon the bill, it was
"Resolved, To concur therein with the
amendment:

"Ordered. That the Secretary carry the said
bill to the House of Representatives for their
concurrence in the amendment (pp. 93-69).

"(Wednesday, August 19, 1789)
"A message from the House of Representa-
tives
"Mr. Beckley, their Clerk, Informed the
Senate, that the House had concurred in
their amendments proposed to the bUl, en-

titled 'An act providing for the expenses
which may attend negotiations or treaties
with the Indian tribes, and the appointment
of commissioners for managing the same.'
"And he withdrew (p. 100) .

"(Thursday, Aiigust 30, 1789)
"A message from the House of Bepresentm-
tives
"Mr. Beckley, their Clerk, brought up the
enrolled bill, entitled 'An act providing for
the expenses which may attend negotiations
or treaties with the Indian tribes, and the
appointment of commissioners for managing
the same.' examined by the committee of
enrollment, and signed by the Speaker.
"And he withdrew.

"Whereupon the bill was signed by the Vice
President, and by the committee of enroll-
ment laid before the President of the United
States for his approbation.

"Mr. Beckley, their Clerk, Informed the
Senate that the President of the United
States bad affixed his signature to a bill en-
titled 'An act providing for ^ the expense*
which may attend negotiations or treaties
with the Indian tribes, and the appointment
of comn\ls8loners for managing the same,"
and had retvirned It to the House of Repre-
sentatives (pp. 100-101) ."

Mr. DouoLAS. The second occasion on which
the previous-question motion was used was
on January 12 and 16, 1792. The Senate had
before It the consideration of various Presi-
dential nominations of United States Minis-
ters at foreign courts, and specifically the
nomination of William Short, of Virginia, to
be Minister resident at the Hague. The Sen-
ate disregarded its rules and put the previous
question in the negative: "That the main
question be not now put." I may say that
the rules provided only for the motion being
put in the afflrmative form. Nevertheless, it
was put in the negative form.

The motion carried and this resulted In
postponement. The intention to postpone ts
evident in the negative form of the question.
There appears to be the additional purpose
of preventing a debate which would have
Jeopardized a Presidential nomination. I ask
unanimous consent that there be printed
at this point in the Rxcoao the abstract from
this debate of January 12 and January 16,
1792, which appears on pages 96-98, voliune I.
of the Executive Journal of the Senate.

There being no objection, the abstract was
ordered to be printed in the Rxcoao, as fol-
lows:

"aasxaAcra
"The Senate had under consideration vari-
ous Presidential nominations of United
States Ministers at foreign courts.

"(Thursday, January 12, 1793)

"The Senate resumed the consideration of
the message of the President of the United
States, of the 22d December last, nominating
Ministers Plenipotentiary at foreign courts;
and

"On the question to advise and consent to
the appointment of Gouverneur Morris, of
New York, to be Minister Plenipotentiary for
the United States at Paris, the yeas and nays
were required by one-fifth of the Senators
present:

"Mr. Baasett, yea; Mr. Bradley, yea; Mr.
Burr, nay; Mr. Butler, yea: Mr. Cabot, nay;
Mr. Carroll, yea; lAi. Dickinson, yea; Mr. Ells-
worth, yea; Mr. Pew, nay; Mr. Poster, yea;
Mr. Gunn, nay; Mr. Hawkins, yea; Mr. Henry.
yea; Mr. Izard, yea; Mr. Johnston, yea; Mr.
King, yea; Mr. Langdon, yea; Mr. Lee, nay;
Mr. Monroe, nay: Mr. Morris, yea; Mr. Read,
yea; Mr. Robinson, nay; Mr. Rutherford, yea;
Mr. Sherman, nay; Mr. Stanton, nay; Mr.
strong, nay; Mr. Wingate. nay. Yeas. 16;
nays, 11.

"So It was

" Resolved, That the Senate advise and con-
sent to the appointment of Gouverneur Mor-

ris, of New York, to be Minister Plenipoten-
tiary for the United States, at Paris, con-
formably to the nomination in the message
last mentioned.

"Resolved, That the Senate advise and con-
sent to the appointment of Thomas Pinckney.
of South Carolina, to bo Minister Pleni-
potentiary for the United States, at London.
conformably to the nomination in the mes-
sage last mentioned.

"On the nomination of William Short, of
Virginia, to be Minister resident for the
United States, at the Hague; the committee
having reported the information obtained
from the Secretary of State on thU subject.

"A motion was made that It be

"Resoli^d, That there Is not. In the opinion
of the Senate, any present occasion that a
Minister should be sent to the Hague.

"On this motion, the previous question was
moved for, to wit: 'That the main question
be not now put': and

"On motion, it was agreed, that the nomi-
nation last mentioned, and the subsequent
motion thereon, be postponed to Monday
next.

"The Senate proceeded to consider ttie
message of the President of the United States,
of the 11th of January, nominating William
Carmichael and William Short. Commis-
sioners Plenipotentiary, for negotiating and
concluding a treaty concerning the naviga-
tion of the Mississippi, by the citizens of the
United States; and agreed that the consid-
eration thereof be postponed until Monday
next.

"A measage from the President of tiM
United States, was. by Mr. Lear. hU secretary,
communicated to the Vice President, and he
withdrew.

"Unitco Statxs. January 12, 1792.

"Oentlimkn or tux Skmatk: I nominate
Richard Peters to be district Judge of the
Pennsylvania district, vice William Lewis.
who has resigned his appointment.

"Gxo. Washingtom.

"The message was read, and ordered to lie
for consideration.

"(Journal of the executive proceedings of
the Senate of the United States, vol. I. Waab-
ington, 1828. pp. 9«-«7.)

"(Monday. January 16. 1792)

"The Senate proceeded to the considera-
tion of the message of the President of the
United States, of the asd of December last,
and the nomination cA William Short, of Vir-
ginia, now Charge des Affaires of the United
States, at Paris, to be Minister resident for
the United States, at The Hague, together
with the motion made thereon, to wit:

" 'That there Is not. in the opinion of the
Senate, any present occasion that a Minister
should be sent to The Hague, together with
the motion for the previous question, to wit:

" "That the main question be not now put.'

"And the yeas and nays being required by
one-fifth of the Senators present, on the
previous question:

"Mr. Baasett, yea; Mr. Bradley, nay: Mr.
Burr, nay: Blr. Butler, yea; Mr. Cabot, yea:
Mr. Carroll, yea; Mr. Dickinson, yea; Mr. Ella-
worth, yea; Mr. Few. nay; Mr. Foster, nay:
Mr. Hawkins, yea: Mr. Henry, yea; Mr. John-
ston, yea; Mr. Isard, nay; Mr. King, yea; Mr.
Langdon, yea; Mr. Lee, nay; Mr. Monroe,
nay; Mr. Morris, yea; Mr. Read, yea; Mr.
Robinson, nay; Mr. Rutherford, nay; Mr.
Stanton, nay; Mr. Sherman, nay; Mr. Strong,
nay; Mr. Wingate. nay. Yeas. 13; nays, 18.

"The numbers being equal, the previous
question was by the Vice President deter-
minated In the afflrmative.

"On the queatlon to advise and consent to
the appointment of William Short, of Vir-
ginia, now Charge des Affaires of the United
States, at Paris, to be Minister resident for
the United SUtes at The Hague, as nomi-
nated in the message of December 23;

1961

CONGRESSIONAL RECORD — SEN ATE

245

"The yeas and nays were required by one-
fifth ot the Senators present.

"Mr. Baasett, yea; Mr. Bradley, nay; Mr.

Burr, nay; Mr. BuUer, yea; Mr. Cabot, yea;
Mr. Carroll, yea; Mr. Dickinson, yea; Mr. Ells-
worth, nay: Mr. Few. nay; Mr. Foster, nay;
Mr. Hawkins, yea; Mr. Henry, yea; Mr. John-
ston, yea; Mr. Izard, yea; Mr. King, yea; Mr.
Langdon. yea; Mr. Lee, yea; Mr. Monroe, yea;
Mr. Morris, yea; Mr. Read, yea; Mr. Robinson,
nay: Mr. Rutherford, nay: Mr. Stanton, nay;
Mr. Sherman, nay; Mr. Strong, nay; Mr. Win-
gate. nay. Yeas. 15; nays, 11

"So It was

"Resolved, That the Senate do advise and
consent to the appointment of William
Short, of Virginia, now Charg* dee Affaires
of the United States, at Paris, to be Minister
resident for the United States at The Hague.

"Ordered, That the Secretary communicate
this resolution to the President of the United
States.

"The Senate proceeded to consider the
message from the President of the United
States, of the 11th Instant, nominating Wil-
liam Carmichael and William Short, Com-
missioners Plenipotentiary, for negotiating
and concluding a treaty concerning the navi-
gation of the Mississippi River, by the citi-
zens of the United States: and agreed that
the further consideration thereof be post-
poned. (Journal of the executive proceed-
ings of the Senate of the United States, vol.
I. Washington. 1838. pp. 97-98.)"

Mr. Douglas. Mr. President, on the third
occasion when the previous question was
moved, it was moved in the form pre-
scribed by the rules. That was on February
36, 1799. The Senate had before it the nom-
InaUon of the President of William Vans
Murray, to be Minister of the United States
to France, a message which was superseded
by another message nominating several en-
voys to France. The previous question
motion was moved in the words "Shall the
main question be now put?" On this vote
the "yeas" prevailed. Debate was then
stopped and the main question was put to
an Immediate vote.

This Is a clear case of the use of the previ-
ous question In the afflrmative torn to stop
debate.

The purpose of this motion was also to
secure an immediate vote and not to poet-
pone the subject, although in the absence
of further evidence the underlying motive
for the move is left open to conjecture.

I ask unanimous consent that there be
printed In the Rbcoxd at this point an ab-
stract from this debate which Is from page
318 of voltmie I of the Executive Journal of
the Senate.

There being no objection, the abstract was
ordered to be printed In the Rxcorb, as fol-
lows:

"ABSTSACT 3

"The Senate resumed consideration of the
ncminatlon by the President of William Vans
Murray to be Minister of the United SUtes
to France.

"(Tuesday, February 26. 1799)

"The Senate resumed the consideration of
the message of the President of the United
States, of the 18th Instant, and the nomi-
nation contained therein, of William Vans
Murray to be MlnUter Plenipotentiary of
the United States to the French Republic.

"On motion. That It be

"Resolved, That by the message of the
President of yesterday, nominating Oliver
Ellsworth. Patrick Henry, and William Vans
Murray Envoys Extraordinary to the French
Republic, his message of the 18th of the
present month, nominating William Vans
Murray as Minister Plenipotentiary to the
same Republic, is superseded.

"A motion was made for the previous ques-
tion, to wit: Shall the main question be

now put? and it was determined In the
affirmative.

"And, on motion to agree to the main
question, It was determined in the affirma-
tive.

"The Senate proceeded to consider the
message of the President of the United
States, of the 25th' Instant, and the nomi-
nations contained therein, of Oliver Ells-
worth and others to office.

"Ordered. That the further consideration
thereof be postponed until tomorrow. (Jour-
nal of the Executive Proceedings of the Sen-
ate of the United States, vol. I. Washington,
1828, p. 318.)"

Mr. Douglas. Mr. President, on March
10, 1804, while sitting as a Court of Im-
peachment in the trial of Judge Pickering,
the previous question was moved for the
last time. Here the question was worded as
the rules required : "Shall the main question
be now put?" And here we find written evi-
dence in the accusing diaries of minority
Senttors that the majority's purpose was
cloture — to cut off a tempestuous debate and
force the main question to an immediate
vote.

Mr. Brant goes into this matter In his
memorandum In some detail and has also
prepared some excerpts from the diaries of
interested Senators. I shall place all of this
in the Rxcoao at a later point but I now ask
unanimous consent that there appear in the
Rxcoao at this point an abstract of that part
of the debate over Judge Pickering at the
place where the previous question was moved.
This abstract Is from the original which ap-
pears on pages 362-363 of the Annals of Con-
gress, 8th Congress. 1st session.

There being no objection, the abstract was
ordered to be printed in the Rxcoao. as fol-
lows:

"ABSTBACT 4

"The Senate was sitting as a Court of Im-
peachment in the trial of Judge Pickering.
"(Sattirday. March 10. 1804)

"Mr. Franklin was chosen President pro
tempore.

"Upon the opening of the court. Mr. White
submitted the following resolution:

" 'Resolved, That this court Is not at pres-
ent prepared to give their final decision upon
the articles of lmp>eachment preferred by the
House of Representatives against John Pick-
ering, district Judge of the district of New
Hampshire, for high crimes and misdemean-
ors, the said John Pickering not having ap-
peared, or been heard by himself or by coun-
sel; and it having been suggested by the
court by Jacob S. Pickering, son of the said
John Pickering, that the said John Picker-
ing, at the time of the conduct cliarged
against him in the said articles of lnq>each-
ment. as high crimes and misdemeanors,
was, and yet is. Insane, which suggestion has
been supported by the testimony of two
members of the coxxrt, tmd by the affidavits
of sundry persons, whose integrity is unlm-
peached; and it being further suggested in
the said petition, that at such future day as
the court may appoint, the body of the said
Pickering shall be produced In cotirt, and
further testimony In his behalf, which will
enable the court to Judge for themselves as
to the Insanity of the said John Pickering,
and to act more understandlngly in the
premises; but that the said John Pickering,
owing to bodily infirmity, could not be
brought to court at present, at so great a
distance, and at this inclement season of
the year, without imminent hazard of his
life.'

"Mr. Nicholas. Mr. Wright, and other gen-
tlemen, objected to the resolution as not
being In order.

"Mr. Anderson asked If It woiild be In order
to move an amendment to It.

"Mr. Adams said, he would object to any
amendment to it, as, by the rxde of the

court, a gentleman had a right to a vote
\^x>n any specific proposition he might
please to submit, connected with the trial.

"Mr. White, called for the reading of the
rule.

"Mr. Anderson then moved that the reso-
lution, submitted by the gentleman from
Virginia yesterday, be taken up as being
entitled to be acted upon first.

"The President pro tempore declared that
the resolution of the gentleman from Dela-
ware was fairly before the court, and must
be disposed of in sc»ne way before anything
else could be taken up.

"A motion for postponing the further con-
sideration of it was then made and with-
drawn.

"Mr. Nichols hoped it would not be per-
mitted to go upon the Journals of the court.

"Mr. Jackson moved the previous question,
viz: "Shall the main question be now put?"

"Mr. White hoped that whatever question
should be taken on the subject, should be
by yeas and nays; that his resolution, and
the manner in which it might be got rid of,
should be seen and understood.

"KCr. Anderson then moved to amend the
resolution, by striking out the words 'not
having been heard by himself or counsel;'
and all after the words 'was and jret Is in-
sane,' to the end of the resolution.

"On motion of Mr. Dayton, the galleries
were cleared and the doors closed.

"At 3 o'clock the doors were opened, and
the question was taken upon the resolution
as at first submitted — yeas 9, nays 19, as
follows :

"Yeas: Messrs. Adams, Dayton, Hillhouse,
Oloott. Pickering, Plumer, Tracy, Wells, and
White.

"Nays: Messrs. Anderson, Armstrong, Bald-
win, Breckenrldge, Cocke, Ellery, Franklin,
Jackson, Logan, Maclay, Nicholas. Potter,
Israel Smith. John Smith of Ohio. Sam!
Smith. Sumter. Venable. Worthington. and
Wright.

"So it passed in the negative.

"On motion of Mr. Nicholson, the resolu-
tion he had submitted the day before for
notifying the House of Representatives that
the court would be prepared to pronounce
Judgment on Monday next, was taken \xp
and passed — yeas 20, nays 9. Those who
voted in the afflrmative last above, here
voted in the negative, and so vice versa,
except Mr. John Smith, of New York, who
was not then present, and who voted here
in the negative.

"The court then adjourned.

"(Annals of Congress. Eighth Cong., first
sess., Washington, 1852, pp. 362-363.) "

Mr. Douglas. Mr. President, I shall come
back to this Pickering case in a moment, but
let me point out here that these four cases
present a virtual microcosm of the develop-
ment of the previous question In American
practice. At the outset, in 1789, the Senate
Started with the positive form of the mo-
tion and on one occasion it achieved post-
ponement. From that it went forward
(though this was in violation of Senate
rules) to the use of the negative form of
the motion to produce negative results— a
motion not to vote on the main question.
In the third and fourai cases (one-lialf of
the total) the Senate employed the affirma-
tive form of the motion for an ^Brma-
tlve purpose — to cut off debate and Iwing
the main question to an immediate vote.

If one looks at the record of the Pickering
trial as published In the Annals of Con-
gress. It has the appearance of being defec-
tive. It Is recorded there that the previous
question was moved by Senator Jackson of
Georgia, who was one of the anti-Pickering
majority. But nothing la said about the
putting of the motion. Mr. Brant's memo-
randum revetOs the reason for the omis-
sion— a most remarkable one.

246

CONGRESSIONAL RECX)RD — SENATE

Jamuiry 6

)'i

r^

Th» Senate wna operating aa • court of
Impeachment, with aupplementary rulea.
All motlona had to be voted on by yeas and
nays In open eeaelon. B\rt debate on motlona
waa forbidden except In closed aeaelon. The
Senate waa In cloeed session, debating a reso-
lution offered by Senator White of Delaware,
when Jackson moved the previous question.
To vote on It, It was neceesary to open the
doors. But opening the doors stopped the
debate, end that waa the purpoee of moving
the prevlouB question. With the doors open,
nothing remained except to take the yeas
and nays on the controversial resolution,
which was thereupon defeated by the same
Senators who had cut off the debate.

To eliminate all doubt concerning the in-
tentions of the Senate majority on March
10, 1804, when the previous question waa
moved for the last time, I need but read a
single sentence from that day's entry In the
diary of John Qulncy Adams, one of the
defeated Senators:

The next struggle waa to prevent all de-
bate upon the resolution.

To reproduce the emotional pitch of that
debate. Just before It was cut off by the
majority. I need but read the words set
down In the diary of Senator William
Plximer:

"Mr. Nicholas—"

"That was Senator William Cary Nicholas,
leader at the majority and spokesman for

President Jeffereon — a man so close to Jeffer-
son that he Is burled In the Jefferson family
burial ground at Montlcello —

*"Mr. Hlchcdas vociferated, order, order,
order — I will not submit to hear our pro-
ceedings called by the degrading name a< a
mock trial.'

"To which, says the Plumer diary, the Sen-
ator replied that he would not retract his
words. If this offended Mr. Nicholas, said
he:

•• 1 am willing and ready to give him satis-
faction at any time and place he will please
to name*

"In other words, they could fight a duel.
The Senate has happily graduated from such
Juvenile delinquencies. But we have yet to
realize that the Senate 160 years ago in lU
ability to limit debate was a more effective
body than it is today. Ample power existed,
both In the motion for the previous ques-
tion and the unappealable authority of the
Vice Prealdent, to cut off debate and brng
the business of the Senate to a decision.
That power was used, and \ised effectively,
under circumstances far less provocative
than a filibuster, which In that day was un-
known In the Senate. It was used to sup-
press a 1-day debate which was merely ob-
noxloiu to the majority.

"I am not arguing the merits of that ac-
tion by the Senate In 1804. But the fact
that it used the power ts enough to prove
that the power existed.

"Here In parallel edumaa are the complete
entries In the oOclal record at the trial of
Judge Pickering, and the principal and all
revelant entries in the diaries of Senators
Adams and Plumer. The protests against
curtailment of debate, the references to dos-
ing and opening the doors of the Senate, the
references to moving the prevloiis question
have been italicised; also the remarks of
Nicholas about keeping the resolution out of
the Journals, because theee are closely con-
nected with the motion for the piwvloas
question.

"Prom the sequence It Is perfectly plain
that the doors were elo— d much earlier than
U Indicated In the cOeial aoeount. Plumer
apparently tried to correct the sequence. He
copied various portions of the ot&dal ac-
count Into hU diary, shifting the position of
them to fit his recollection, but apparently
was stumped by some of the Inconsistencies
regarding the time of Anderson's attempt to
amend the resolution.

"Most of the Plumer entries are employed
In this chart to emphasise the enormous
omissions from the oOcial record, and they
could have been far longer.

"I ask unanlnaous consent that the entries
in the official record ot the trial and of the
relevant diaries be printed at this point 1a
the Rccoao.

"There being no objection the entries ware
ordered to be printed in the
follows :

"amhals or coNOKzss, zm, ass-sss

"Upon the opening of the Covu-t, Mr.
White submitted the following resolution:
'Resolved. That this Court Is not prepared
to give their final decision * * *.'

"Mr. Nicholas. Mr. Wright, and other gen-
tlemen, objected to the resolution as not
being in order.

"Mr. Adams asked If It would be In order
to move an amendment to It.

•*Mr. Adams said, he would object to any
amendment, as by the role of the Court, a
gentleman had a right to a vote upon any
specific proposition he might be pleased to
submit, connected with the trial.

-Mr. White called for the reading of the
rule.

"Mr. Anderson then moved that the reso-
lution submitted by the gentleman from Vir-
ginia yesterday (to pronounce Judgment on
Monday next) be taken up as being entitled
to be acted upon first.

"The President pro tempore JPranklln, of
North Carolina] declared that the resolution
was fairly before the court, and must be
disposed of in some way before anything
else could be taken up.

"A motion for postponing the further con-
sideration of it was made and withdrawn.

"Mr. Nicholas hoi>ed It would not be per-
mitted to go upon the Journals of the ooiirt.

"Mr. Jackson moved the previous question,
viz: 'Shall the main question be now putr

"Mr. White hoped that whatever question
should be taken on the subject should be by
yeas and nays; that his resolution and the
»iii^Ttnj»r In wliich It might be got rid of,
should be seen and understood.

"Mr. Anderson then moved to amend the
resolution, by striking out the words, 'not

"DiABT or jomr quinct adams. icncoxas, x.
soa-303

"Mr. White, In Senate, moved this morn-
ing a resolution declaring the Court not pre-
pared to give Judgment. • • •

"On this reeolutlon It was not without the
utmost difficulty that any discussion whatso-
ever could be obtained.

"(Not mentioned in Adams diary, pre-
sumably because It was covered In the official
record.)

"Mr. Nicholas, to give It the sUp. insisted
upon having his resolution, offered yester-
day, first taken up. On which I roee and
said that If Mr. White's motion was not
considered I should offer a resolution pre-
vious In ita nature to that of Mr. Nicholas.
I was called to order as entering Into debate.
I answered that I waa not debating, but
merely sUtlng the purport of a resolution
I shoxUd offer if that of Mr. White was not
considered, and that in thus stating it I
should speak until my mouth was stopped
by force.

"I was again called to order, but the preal-
dent determined that Mr. White's resolution
should be taken up before that of Mr. Nlch-

"The next stniggle waa to prevent all de-
bate upon the reeolutlon. By our rulea
Xhtm can be no debate on any motion In
open court. A motion to close the doors for
ths purpose of fllsnisrlrg the resolution was
rejected, nine members voting tar It. But
although we are allowed no debate, yet mo-
tions to strike out parts of a resolution pro-
posed were admitted by the majority; and
Mr. Anderson moved to strike out a great
part of Mr. White's reeolutlon, so as to get

"wnxiAM PLtncss. micosAirDUic or

XKOS nr TKK imiTss statks sbmatb, isos-«t,
rr. 17S-177

"Mr. White then submitted the following
resolution:

'(Coplea qOoUI reeord.)

"(Copies oOdal record, adding a word.)
"Mr. White called for the reading ot the
rule. — ^Read.
"A motion was made that the gallerlea be

closed — but the motion was lost.

' ( Copies official record.)

'(Coplee official record.)

"A motion for poetponlng the further con-
sideration of this was then made but with-
drawn.

"On motion of Mr. Dayton the gallerlee
were cleared and the doors cloeed.

"Mr. Whitx. There has been no trial — no
appearance, no plea — no defense whatever
on the part of the accused. Our proceed-
ings scarcely deserve the nam* of a mock
triaL

"Mr. Nicholas vociferated, order, order, or-
der— I will not submit to hear our proceed-
ings called by the d^rading name of a mock
trial.

1961

CONGRESSIONAL RECORD — SENATE

247

"AMNAiiS or ooKOBzsa, xm, sss-ses— con.
having been heard by himself or counsel."
and all after the words "was and yet Is In-
sane," to the end of the resolution.

"On motion of Mr. Dayton, the galleries
were cleared and the doors closed.

"At 3 o'clock the doors were opened, and
the question was taken upon the resolution
as at first submitted — yeas 9, nays 19."

"DIA«T or JOBK QUINCT ADAMS, MXMOIB8, I.

302-303 — continued
rid of all the reasons alleged in It. I ob-
jected against any motion to strike out part
of an offered resolution, because such mo-
tion was itself debate, and contrary to the
rule. At length Mr. John Smith, of Ohio,
wanted to put a question as to the meaning
of a part of Mr. White's resolution. And In
order to make that Inquiry, a second motion
was made to clear the galleries. Smith, now
voting iar It, gave the casting turn, the nec-
essary number of one-third. The galleries
were cleared, and a short discussion of the
resolution was had.

"The extreme Injustice of Judging an In-
sane man as a guilty one; of sentencing, \ui-
heard, a man who could not be present at
this time without imminent hazard of his
life; of precipitating decision without neces-
sity, was urged; Mr. Anderson, and most of
the members in the majority, manifesting the
most extreme impatience to open the doors
and stop all further debate.

"At length, rather than continue the dis-
cussion, he (Anderson) waived his motion
to strike out part of Mr. White's resolution,
and said he was ready to meet It. But Mr.
Nicholas said he should move that it might
not be entered on the records.

"Althoxigh the rule Is that all motions
shall be decided by yeas and nays In open
cotirt. Mr. Nicholas was for having the yeas
and nays, without the motion upon which
they were taken.

"The doors were opened. The yeas and
nays were taken on Mr. White's resolution —
yeas 9, nays 19."

"WnjLIAlC PLXTMKa, lUlCOEANDUM OF PBOCBSD-
IKGS IN TBX TTMrTED STATXS SENATX, ISOS-ST.

PP. 178-177 — continued

"Mr. Whtte. Mr. President, I am In order,
sir — and while I have a seat In this body I
win act and speak my opinion with free-
dom * * * I assure the gentleman from
Virginia, Mr. Nicholas, I wish not to offend
him • • • but • • • I shall not retract
* * *. If In this I have offended him, I am
willing and ready to give him satisfaction at
any time and place he will please to name.

"(Plumer followed with an extensive sum-
mary of an exchange of remarks between
himself and Senator Smith, of Ohio, on the
subject of Judge Pickering's Intoxication.)

"Mr. Adams. If proceedings like ours were
had in a co\u^ of law, I have no hesitation
In saying, it would be considered as a mere
mock trial.

"Mr. Nicholas. I hope this resolution will
not be permitted to be entered even on our
minutes — that it will never see the public
light. It Is not correct — it does not contain
all the facts.

"(Plvuner records the remarks of Senators
Venable, Wright, and Logan, then enters:)

"Mr. Nicholas. If this resolution is not
passed, I shall object to its being recorded.

"Mr. Jackson moved the previoxis question,
viz: 'Shall the main question be now put.'

"Mr. Whitz. Whatever question is taken
on this subject, 1 hope It will be yeas and
nays; and that the resolution and the man-
ner in which It is disposed of may be seen
and understood.

"Mr. Anderson then moved to amend the
resolution by striking out. etc. (picking up
the whole entry from the official report, but
adding: )

" 'But this motion for amendment was not
seconded.'

"At 3 o'clock the doors were opened — and
Mr. Anderson moved that the resolution
should lie on the table. On this question the
yeas and nays were required — but the mo-
tion of Mr. Anderson was withdrawn.

"The question was then taken by yeas
and nays upon the resolution as at first sub-
mitted— yeas 9, nays 19 — so it was nega-
Uved."

Mr. Douglas. Mr. President, It therefore
appears from the records of the Senate It-
self, that in the period 1789 to 180«, the Sen-
ate, on 4 occasions, used the previous ques-
tion motion. On 2 occasions its purpose was
to postpone. On 2 other occasions, Its pur-
pose was to end debate and bring a vote.
Further. It will be clear from the nature of
the motion that had the Senate voted differ-
ently on the first 2 occasions, the effect of
that vote, in view of the British practice,
could have been to limit debate and bring a
vote on the main question, if that had been
the will of the Senate.

oomj> TBS PSKvious question bx debated

WITHOUT LET OB HINDBANCE?

Now, Mr. President. I turn from what ac-
tiially happened In the Senate on the 4 spe-
cific oocaslons when the prevlotis question
was moved to the following general
questions :

First. Is It u fact that the motion for the
previous question could be debated "without
let or mndrance" under the rules of the Sen-
ate up to 1806? and

Second. Can It be debated without let or
hindrance today, for t^ purposes of obstruc-

tion imder general parliamentary practice.
These are key questions.

With the present Vice President expressing
the opinion that section 3 of th«! present rule
XXII of the Senate Is unconstitutional, the
matters at issue are liable at some stage to
be affected by rulings based on ;>arllamentary
procedures In general. In that event, the
hope of the defenders of the filibuster Is to
secure a ruling that parliamentary prece-
dents, especially in the United States Senate
and In the English Hoiise of Commons, admit
of no limitation of debate upon the motion
to put the previous question.

It was, I suspect, these Important aspects
of the subject that caused my distinguished
colleague to make some oomments which
brought into question the academic qualifi-
cations ot Mr. O-ant to discuss i;he subject —
remarks which I am sure he would not have
made under lees controversial clrciimstances.

It Is the Importance of this matter which
largely prampis my discussion of the subject
today, so as to lay the basis for a future rul-
ing by the Presiding Officer of the Senate.

Let me first point out that the Vice Presi-
dent, from 1789 until 1828, had the power to
decide questions of order wlthouit an appeal

being taken from his decision by the Senate
as a whole. That power was found In rule
XVI befco-e the rules were amended by the
general revision of February 14, 1828. Rule
XVI read as follows:

"When a Member shall be called to order,
he shall sit down until the President shall
have determined wheth^* he is In order or
not; but every question of order shall be de-
cided by the President without debate; but
If there be a doubt in his mind, he may call
for the sense of the Senate."

In other words, there was no obligation
upon him to call for the sense of the Senate,
and the Vice President was to be the Judge of
whether he would call for the sense of the
Senate.

This was a general rule, covering the dis-
posal of all questions of order. The next
rule, No. XVil, made an additional provision
for personal calls to order. I quote It:

"If a member be called to order for words
spoken, the exceptionable words shall be
Immediately taken down In writing, that the
President may be l>etter enabled to Judge
of the matter. (The Journal of the first
session of the Senate of the United States,
pp. 14-16.)"

248

CONGRESSIONAL RECORD — SENATE

January 5

4

Tbeae two rules were the only ones on the
Biibject of order. Thua, both In matters of
personal conduct and parllamenta^ prooe-
dure. the decision of the Vice President or
President of the Senate was absolute and
final during all the years In which the Senate
bad a rule for the previous question. The
power of the Presiding Officer remained abso-
lute until 1828. when rule XVI was amended
to read: "every question of order shall be
decided by the President without debate,
subject to an appeal to the Senate."

It may be asked, what If the Vice Presi-
dent, In that day when he possessed un-
appealable authority, refused to riUe that a
filibustering debate was out of order? Well,
what we are discussing is whether the power
existed at that time, not whether the pos-
sessor of it was willing or unwilling to use
It. But I will say that If any Vice President
of the period we are talklr.g about — John
Adams. Thomas Jefferson, or Aaron Burr,
whose busts are placed over the press gal-
lery— had declined to uphold a point of order
against a filibustering debate on the motion
for the previous question, he would have
done so In dlsregaid of section 17 of Jeffer-
son's Manual of parliamentary practice. I
quote the relevant part of section 17:

"No one Is to speak impertinently or beside
the question, superfluously, or tediously."

That was a rule of parliamentary practice
which Thomas Jefferson laid down as a result
of listening to the debates in the Senate.

I do not suppose anybody will contend
that In a day when the Vice President had
the power and the parliamentary duty to
halt a speech that was merely tedious, he
lacked either the power or the obligation to
halt one that was tedious, dilatory, and
deliberately obstructive. Certainly It cannot
be argued that Vice President Thomas Jeffer-
son woxUd have refxised to xiphoid the views
which he expressed In his own manual. I
etpect to hear somebody argiie that as soon
as the Vice President lost thU power, by the
allowance of an appeal to the Senate, the
I)ower vanished completely.

That would be a remarkable argument,
indeed, and one completely untenable. To
maintain It would mean that If the Presid-
ing Officer alone could do it, then certainly
the Presiding Officer and the Senate together
could do It. It would mean that the Vice
President and Senate combined are Incapable
of enforcing a point of order which formerly
could be enforced by the Presiding Officer
alone.

If the Presiding Officer alone could do it.
then certainly the Presiding Officer and the
Senate togethw could do it.

It therefore appears clear that, first, from
the nature and vise of the previous question
in the first 17 years of the history of the
Senate; and second, the power oX the Vice
President to decide points of order without
appeal, that the Senate had the power and
used the power to end debate and bring
matters to a vote in that early period.

I may say that the Rbcoro In the four
eases I have read discloses, so far as I can
ascertain, that there was no debate on the
putting of the previous question; and onoe
the question was put, there was no further
debate on the main question Itself.

That power did exist and it would still
exist at the beginning of a new session of
Congress if there were an attempt to flli-
bTister a motion to proceed to the adoption
of new rules of the Senate and the prevlo\u
question motion.

When decisions of the Vice President were
made appealable in 1828, the power to de-
cide did not vanish. It was given a broader
base In the will of the majority. If there be
an appeal from that to general parliamen-
tary practioe. It must be to that parliamen-
tary prtu:tice which makes any obstructive
debate a contempt of the body.

Now I wish to devote a few minutes to the
devel(^ment of the American and British
systems of curbing excessive debate.

BimoaiCU. IWVXLOFIIKNT or THB PREVIOUS

wuaatiow at tbb umiaii btatxs amb oaxaT

BUTAIlf — TRX OONmmrTAI. OONOOSS

In 1778, the Continental Congress adopted
the previous question in the negative form,
that is, "That the main question be not now
put." Its ostensible purpose was to post-
pone. At that time, there was no need for
a cloture motion for the filibuster, and ob-
structive debate was unknown. The reason,
of course, was that the votes of 9 of the 18
States were needed for passage of a measure,
and the problem was In getting the repre-
sentatives of that many States together at
any one time in order to vote. Therefore, if
obstruction or delay was the purpose of any
group, this could have been accomplished
by absences rather than by prolonged debate.
In other words, the aflirmatlve requlremenU
of more than two-thirds majority of the
States prevented the filibuster.

It should be remembered, however, that
even this negative motion could and did
close debate and bring a vote, for when the
"nays" prevailed in 1778 the Congress
adopted an interpretive ruling that they
must proceed to a vote.

The matter, interestingly enough, dealt
with the question whether any person hold-
ing office under the United States could pro-
mote, encourage, or attend plays. The act
provided that if they did. they should be
deemed unworthy to hold such office and,
accordingly, shovUd be dismissed.

On this occasion — the only one recorded in
the index — the previous-question motion,
worded In the negative carried in the
negative. A motion was made to postpone
action on the substantive matter until the
next day. A question was then raised If the
Congress were not required to proceed to a
vote when the previous question was nega-
tived. The question was put before the Con-
gress Itself and by a 7-3 vote It decided that
when the negative form of the previous
question was passed in the negative, they
were required to proceed to a vote on ttas
substantive issue before them. In otbsr
words, two negatives made an affirmative.

THE SENATE IltOM 17S0 TO ISOS

From 1789 to 1800. as we have already
seen, the Senate had the affirmative form of
the previous question as a part of its rules.

It also used the negative. On the four
occasions when the previous question was
used, the motion in the affirmative form
was \ued three times, and the purpose of
the motion on the last two occasions was to
close debate. In other words, it evolved in
purpose from a motion to postpone to a
motion to stop debate, although its effect
could have been to end debate on all four
occasions.

HOXrSX or aXPRXSXNTATIVXS

The Hoiise of Representatives has always
had the previous-question motion. From
1789 to 1880, It was In the same form m
that provided by the early rules of the Senate,
namely. "Shall the main question be now
put?" In 1880. it was decided that the
Speaker, on motion, should ask for the
"yeas" and "nays" on "ordering the previous
question."

In the American House of Representatives,
the filibiister was used as an effort to pre-
vent a vote as early as 1811. When an ob-
structive crisis reached its peak, it was effec-
tively dealt with in Febr\iary of 1811. when
the motion for the previous question was
used six times in one night to force a crucial
question to a vote.

The event which occasioned its use as a
cloture motion was a bitter contest over for-
eign policy which preceded ths War of IB12.
The filibuster was being used to defeat ths
nonintercourse bilL

Therefore, the House followed the Senate
precedents at this very early time and used
the affirmative form of the previous ques-
tion to obtain cloture. That is still its use —
although the form has been modified — in
the House of Representatives and that is Its
use In other parliamentary bodies — with the
exception of the Senate — today.

Mr. jAvrrs. Mr. President, would the Sen-
ator from Illinois mind an interruption at
this point, or would he prefer that It be post-
poned?

The PsxsmxNC OmcEit (Mr. Clask in the
chair). Does the Senator from Illinois yield
to the Senator from New York?

Mr. Douglas. I am glad to yield.

Mr. jAvrrs. Mr. President. I should like to
inform the Senator from Illinois, who has
given so much time and devotion to the ques-
tion of the Senate rule which permits a fill-
buster — a rule which has been used primarily
in connection with civil rights bills — that in
the Committee on Rules and AdminLstration
we are having quite a struggle with respect
to the resolution of the Senator from Illinois
and also the resolution sponsored by both the
majority leader and the minority leader.

I should like to congratulate the Senator
from Illinois for perceiving the critical im-
portance of this issue and of the entire civil-
rights issue, of which it is a very essential
corollary, if any action is to be had; and I
also wish to congratulate him upon his lead-
ership on this subject.

I urge :he Senator from Illinois — and I am
confident the Senator from Illinois knows me
well enough to be sure that I say this with
no gleam In my eye — to use his own great
influence In his own party — as I am attempt-
ing to do in my own, for I believe the civil-
rights issue will get nowhere unless Members
of both parties who feel strongly on the sub-
ject combine their efforts — to have the Sen-
ate take action on the clvU-rights issue. So
I urge the Senator from Dlinois to use his
own very great influence in his party, and
I shall do my utmost in mine, and other
Members of the Senate who have been hers
much longer than I have will do the same, to
try at one and the same time we are sssklng
to have the Senate act on tbs dvll-rlghts
bill also to seek to have ths Senate act on tbs
two resolutions.

The present situation is as follows: Upon
my motion, the Committee on Rules and Ad-
ministration has designated an ad hoc sub-
committee for the purpose of considering
this question. The subcommittee was desig-
nated at)out April 1.

I have done my utmost to get the sub-
committee to report one of the resolutions.
I have not been successful. Richt-. now.
hearings have been ordered, with an unlim-
ited amoxint of time available at the hear-
ings. Insofar as Members of Congress are
oonoemsd; and with a limitation of cne-half
an hour in the case of each organization.
How long that will extend the matter. I have
not the remotest notion. But I should like
to inform the Senator from Illinois that at
the next meeting of the Committee on Rules
and Administration, which is to occur a|^
proximately 2 weeks hence. I will again raise
tne Issue; and I have served notice that X
will raise It then.

I repeat that, without any gleam in my eye
or without any Idea that this situation casts
reflection upon either one party or the
other — for after all, both parties have their
troubles — ^I desire to po4nt out that the ques-
tion of the Senate rule which permits a fill-
buster is a 0(HX>llary of the civil -rights issus,
and should be pressed with the same vigor.
I am delighted that the Senator from Illi-
nois has taken the leadership in this matter.
I have the honor to be a cosponsor of his
resolution — and I emptiaslae that it Is his
rescriuticm. The Senator from nilnois has
taken the leadership on this issue in his own
party, as I have in mine.

1961

CONGRESSIONAL RECORD — SENATE

249

The PajesmofO Omen (Mr. Clask in
the chair). The Chair desires to associate
himself with the remarks of the Senator from
New York.

Mr. DoxTOLAS. Mr. President. I wish to
thank both Senators for their conunents.

A number of Senators on this side ot the
aisle have tried to have action taken on the
civil-rights bills and on the proposal to
f»t^»>g» rule XXII, rather than to permit the
O^nats to be interminably tied up with de-
bate. I am delighted that the Senator from
New York is pushing along those lines, on bis
side of the aisle, and I appreciate very much
that in the Rules Committee he moved the
adoption of my resolution to change rule
XXn, of which lesolutlon he is a cosponsor.
In times past and. as all of us know, even
up to the presert. Senate Members opposed
to civil rights hsve worked, on both sides of
the aiale; and there has been an alliance
between sections oT my party and sections of
the party of the Senator from New York,
both to defeat civil-rights measures and to
prevent any change in the Senate rule. Some
groups do it openly: others do it subtly.

I remember the poem entitled "A Modem
Decalogue," by Arthur Hugh Clough, in
which the commandment "Thou shalt not
kill' is rendered by him in cynical form, as
"Thou Shalt not kill, but needst not strive
officiously to keeo alive."

There are many who. although they them-
selves wiU not stab civil rtghts to death, will
furnish the darger or other instnunent or
the interminable del>ate with which others
can do the job. That has been going on for
many years: and it is about time that those
of us who believe in a vigorous civil-rights
program and in the right of the Senate, after
due debate, to proceed to vote, should work
from both sides of the aisle.

So I say to the Senator from New York
that there Is room for all of us. and we can
press on together; and the more converts we
make, the better.

Mr. jAvrrs. Mr. President, will the Senator
from Illinois yield again to me?
Mr. Douglas. Yes. indeed.
Mr. jAvrrs. Mr. President. I think the Sen-
ator from Illinois has put his finger on a
critical point. I should like to emphasize It,
If I may— although I repeat that he is the
one who made the point. It is this: In my
view, there is no difference between being in
favor of civil-rights measures and being in
favor of a change in the nile which permits
civU-rights measures to be klUed \n this
Chamber.

Therefore I believe — and I believe it
deeply — that the people of the country
should hold to account every Member, on
both counts equally. I believe there is some
dichotomy in the thinking of some Members
of this body wlM>. for one reason or another,
believe a Member can feel differently about
the cloture issus than be does about the
civil-rights issue. To the contrary, Mr. Presi-
dent, I sincerely believe that Members can-
not do so. I believe there is a real majority
of the Senate in favor of the enactment of
civil-rights measures; and I beUeve that
there should be. and there must be — and. if
the people demand it, there will be — a real
majority of the Members of this body who
wlU be in favor ot changing the cloture rule.
I thank the Senator from Illinois for yield-
ing to me.

Mr. Douglas. Mr. President. I thank the
Senator from New York. Let me say that hU
help has been and will continue to be of great
assistance; and those of us on our side of the
aisle will work vigorously; and I am sure he
will also work vigorously, on his side.

TBI BsrnsH Hotrsx or oomi oms
Mr. President, now let us turn to the de-
velopment of the previous qtiestlon in ths
House of Commons. Let us recall the quota-
tion, from the 1983 brief against the Ander-

son motion, of the words of Henry Cabot
Lodge that:

"The previous question which existed in
the earliest years, and was abandoned in 1806.
was the previous question of Enf:land and
not that with which everyone U, familiar
today in our House of Representtitives. It
was not In practice a form of cloture and It
la therefore correct to say that the: power of
closing debate in the modem sense has
never existed in the Senate, (p. 11.)"
That, as we have seen, is totally in error.
We recall aleo the quotation from the
Congressional Digest of November 1926 which
the proponents of the filibuster placed in
the RjECoao in 1953 :

"Like the precedents for the (previous
question) rule in the British Parliament and
the Continental Congress when it was used
in the early days of the Senate and it did
not linait debate but avoided a vote on a
given subject."

We now have seen that this statement
Is not correct with respect to usage in both
the Continental Congress and the early Sen-
ate. The Continental Congresii actually
ruled that the motion closed debate on one
occasion; and in the Senate, the previovis
question was used on two occasions to limit
debate. Furthermore, the motion could al-
ways have bad that effect if thai: had been
the sense of the Senate on the other occasion
when it was used.

It is also clear that the statement is not
accurate concerning British precedents. To-
day, the House of Commons has two motions
which can bring debate to a close and can
bring on a vote. One is called "clotiire," and
the other is called the "previous question."
Both are In addition to the modem guillo-
tine.

The cloture motion is worded afllrma-
tlvely, that Is, "That the question be now
put." If the "yeas" prevail, debate is stopped,
and the main question is put to a vote. If
the "nays" prevail, debate continues.

The previous question motion is now
worded in the negative, that is, "That the
question be not now put." If the "yeas"
prevail, debate is postponed. If the "nays"
prevail, debate is closed.

For something more than two centuries
before the House of Commons adopted the
cloture motion In 1882. it had otlier methods
of preventing obstruction; and the motion
for the previous question also could, and did
produce that effect.

I wish to introduce at this point in the
Record, a second letter from Mr. Brant. It
traces the use and history of tlie previous
question motion in the House of Commons.
Mr. President, I ask unanimous consent that
the letter be printed at this point in the Rw-
OED. as a part of my remarks.

There being no objection, the letter was
ordered to be printed in the Record, as fol-
lows:

"Fbbbuast 6, 1067.
"Senator Paul H. Douglas,
Senate Office Building.
Washington. D.C.

"Dear Senator Douglas: Since writing my
memorandum on the previous question and
cloture I have found time to examine the
Journals of the English House of Commons
from 1804 to 1788 — that is, from the blrtH-

year of the motion for the previous question
to the year in which it was Incorporated In
the nUea of the United States Senate. The
result Is a mountain of evidence that, meas-
ured by its effecU, the previous question was
infinitely more Important In the early period
as a producer of clottire than as a method
of postponing a question.

"Hateell's Precedents, publlslied In 1781,
fximlshed most of the early history of the
IM^vlous question drawn upon in May's Law
and Usage of Parliament and Jefferson's
Man"n^ Hatsell gives the impression, per-
haps without intending to. that the motion

for the previous question was a rare device
In the 17th century. After remarking that
On the asth of May. 1604, is the first in-
stance I have found of putting the previous
question,' he refers to only four otho* in-
stances of It before 17(X). May cites 1 or 2
others.

"Hatsell gives the usual explanation of the
British practice: a member desiring to post-
pone the main question moves That this
question be now put' and votes against his
own motion. He also makes it clear that
when the prevlovis question is moved and
carried, 'the Speaker must put the main
question immediately.' But Hatsell gives
no citations of affirmative results and the
reader is left to infer that such a mischance
seldom occurred.

"The truth is that between AX>. 1604 and
nOO, the previous question was moved 736
times in the House of Commons. It resulted
in cloture 491 times, in postponement 24S
times.

"These figures can easily be checked for
accuracy. The index to the House Journals
divides the record into 'Questions, previous,
affirmative' and 'Questions, previous, nega-
tive.' Affirmative equates with cloture, neg-
ative with postponement.

"This period was one of revolutionary
struggle and wide swings In British Govern-
ment. It embraced 37 years of Stuart su-
premacy over Parliament, nearly 20 years of
the Puritan Revolution, close to 30 years of
the Stuart Restoration and a flxial period of
tranquility after the 'glorious revolution' of
1688. For clearer understanding, the record
of the previous question needs to be broken
down into epochs corresponding to the po-
litical changes. Following is a tabulation
of 17th century motions for the previous
question and the results of the motions:

"From 1604 to 1640, the period of Stuart
supremacy: Motions, 8. Resxilts. cloture 8.
"From 1640 to 1658, the Puritan Revolu-
tion, embracing the Long Parliament, the
Commonwealth and the Cromwellian Pro-
tectorate: Motions, 523. Results, cloture
351, postponement 172.

"From 1658 to 1660. period of chaos,
Stuart Restoration, and retribution: Mo-
tions, 97. Results, clottire 74. postponement
23.

"From 1661 to 1688, reign of Charles 11:
Motions, 81. Results, cloture 47, postpone-
ment 34.

"From 1688 to 1700, reign of William and
Mary: Motions, 32. Results, cloture 16, post-
ponement 16.

"Tottds: Motions, 736. Restdts, cloture
491, postponement 245.

"Following the Revolution of 1688, It will
be observed, postponement caught up with
cloture. The change grew more pronounced.
Between 1700 and 1790, the previous question
was moved on 163 occasions, resulting in
cloture 48 times, in postponement 115 times.
From 1790 until November 11, 1882, when the
House of Commons adopted the modem
cloture rule, the motion for the previous
question was put 361 times, resulting in
cloture 67 times, in postponement 294.
Since 1882 It has been put only four times
and not once since 1910.

"So, although it cannot be found in any
parliamentary treatise, this contrast comes
into view:

"In the 17th century of parliamentary ten-
sion, the previous question was moved far
oftener than in all later centuries combined,
and resulted in cloture in two-thirds of the
cases.

"In the 18th century of parliamentary tran-
quility, the previous question tapered off
and resulted in postponement two-thirds
of the time.

"Finally, when parliamentary obstruction
developed in the 19th century, the previous
question was trancmuted into the virtually
Identical cloture motion, while the motion

4

250

CONGRESSIONAL RECORD — SENATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

251

tat the prevlouB question continued a sepa-
rate existence but withered away complete-
ly. In all periods, the practice of the House
of Commons was molded by the temper of
the times and the necessities of legislative
business.

"The parliamentary records of the 17th
century do not Identify the movers of the
preTlouB question. One can only speculate
on whether It was moved part of the time for
the avowed purpose of securing a final vote,
rather than moved for one purpose and
seized on for another. Even If every one of
the 736 motions had the ostensible purpose
of postponement, the overwhelming fact Is
that 491 of them produced cloture, and both
the affirmative wording of the motion and
the rule as to Its application were admirably
suited to produce that effect. It likewise
seems significant that the affirmative word-
ing became more positive at the height of
this positive use of the motion, shifting from
'whether It be put* to 'that It be put.' By
all the rules of logic, such a change denotes
Intent.

"Even in later times the previous-question
rule has had a tendency to produce cloture
when a strong parliamentary majority was
dealing with controversial Issues. To illus-
trate the use of the motion In British prac-
tice. Sir Thomas Ersklne May cited (but did
not describe) three 19th-century examples
from the House of Lords. Two of these
motions represented the clear purpose of
postponement, although In one of these the
motion was offered by an advocate of Immedi-
ate passage of the main question. Unable to
win Prime Minister Disraeli's approval of a
warning to Russia not to attack Constanti-
nople, Lord Dorchester made the motion in
order to avoid the consequences of a more
direct refusal to take thU action (Lords'
Joximal. V. 110, p. 22, Parliamentary Debates,
Jan. 28, 1878). In another Instance, 10
motions against the income tax were dis-
posed of by offering and defeating 10 mo-
tions for the previous question (Lord's Jour-
nal, V. 74, p. 87.) The third example was by
far the most controversial.

"On August 6, 1889, Lord Brougham moved
to resolve that witnesses who refused to tes-
tify in Irish sedition trials should be sent to
prison. 'After long debate,' the Lord's Jo\ir-
nal records, the previous question was moved
and resolved In the affirmative. The motion
apparently came from the opposition, which
was protesting against a vote, but leading
up to It In the record of the debate are such
entries as these :

"'ILoud cries of "Question, question."]

• • •

"'[Cries of "Divide" and "Question".]

• • •

" '(Continued cries of "Question" and "di-
vide."].'

"It was under the stress of such cries, and
after a warning by Lord Broughan about
'the waning night and the waning patience
of the House,' that the previous question was
moved and carried by 86 to 62. The main
question then carried without a division
(Mirror of Parliament, VI, 4776-4777, 4784).

"In this case, cited as typical by England's
foremost parliamentary authority, the mo-
tion for the previous question was In effect a
surrender to the demand for an end of de-
bate and led directly to passage of the resolu-
tion. It was a duplication by the House of
Lords of the dominant aspect of the previous
question In the 17th century.

"The House of Commons three centuries
ago had other effective ways of dealing with
excessive debate and kindred obstructive de-
vices. On April 17. 1604 (1 month before the
first use of the previous question), the fol-
lowing entry was made in the House Journal :

" 'Agreed for a general rule. If any super-
fluoxia motion, or tedloiis speech, be offered
In the House, the party Is to be directed and
ordered by llr. Speaker.'

"Anybody who questions the force of that
rule might observe how It was Indexed at the
time: "Speaker to stop superfluous motions,
and tedious or Impertinent speeches.' (Com.
J. General Index, I-Vn. 861).

"The moment the rule was approved, the
Speaker proceeded to read a letter he had
Just received from "one John Tey,' a member
who was also the King's Aulnager (wool In-
spector] for London.' Tey complained that
on his drawing up a motion which repre-
sented the King's pleasure and express com-
mandment. It pleased the Speaker 'to dis-
taste my motion, and •••*<> clip me off.'
He intended to inform the King of this. On
the Speaker's Initiative, the House adjixlged
Mr. Tey '8 conduct "to be an error In the
party, and he was ordered to acknowledge his
error publicly; which he presently was con-
tent to do; and so was pardoned by the
Hovise.' The custom in that day was to send
nonapologtzlng members to the Tower.

"That 1604 prohibition of any tedious
speech came down through Hatsell Into Jef-
ferson's Manual, written to guide procedure
In the U.S. Senate. Jefferson as Vice Presi-
dent had power to enforce It. which meant
power to stop a filibuster. Together with
the prohibition of any superfluous motion
and kindred 1604 rulings. It furnished the
legal basis for the declaration of the Speaker
of the House of Commons on July 26. 1877.
that willful and persistent obstruction of
legislation is contempt of the House. Added
to that is the direct link between the British
previous question, whose main effect In early
days was cloture, and the British closure
motion of the present day — both of these
having the same wording, "That the motion
be now put.' and the same effect when
carried.

"I have said that In the House of Commons
the previous question was transmuted into
cloture. That is definitely revealed In the
1881 records, together with the Inherent
power of the House to control an obstructive
minority. Faced with a prolonged filibuster
against the protection of i>erson and property
(Ireland) bill, the Gladstone ministry kept
the House In continuous session from 4 p.m.
on Monday, January 31. until 9 a.m. Wednes-
day, February 2. At that hour the Speaker
said that. In spite of a 6-day debate and 41
hours of continuous sitting, an important
measure, declared to be urgent, was 'being
arrested by the action of an Inconsiderable
minority, the Members of which have re-
sorted to those modes of "obstruction," which
have been recognized by the House as a Par-
liamentary offense.' With the legislative
powers of the House thus paralyzed :

" 'A new and exceptional course Is Intpera-
tively demanded; and I am satisfied that I
shall best carry out the will of the Hotase,
and may rely upon Its support, if I decline
to call any more Members to spe<Jc. and at
once proceed to put the question from the
chair."

"He proceeded to put the question and it
carried. 164 to 19. Prime Minister Gladstone
then arose and offered the 1881 "Urgency
Rule," by which, on a 8-to-l vote of the
House that a measure was urgent, "the pow-
ers of the House for the regulation of its
business" were vested completely In the
Speaker. He could do whatever the House
had power to do. What followed Is revealed
in Hansard's Parliamentary Debates for Feb-
ruary 26, at a later stage of the person and
property filibuster:

" 'Mr. ODonnell: I wish to say — and I wiU

(delay the House only a very few minutes —

" 'Mr. Speaker: It appears to me to be the

general sense of the Hoiise that the question

should be now put.

" "The Marquess of Hartington (a Secretary
of State] : I beg to move, sir, that the ques-
tion be now put.'

" 'Motion made, and question put, "Thftt
the question be now put." '

"The motion carried. 282 to 83. and the
House then voted 281 to 36 'That this bUl do

pass.'

"This took place nearly 2 years before the
word 'cloture' or the 'cloture rule' came
Into the House of Commons rules. What ac-
tually happened was that on the Speaker's
initiative, and in fulfillment of the mandate
gi\en him to stop filibusters, the wording of
the previous question was employed, delib-
erately and knowingly, for the specific pur-
pose of ending debate and forcing a vote on ■
the bin. The same thing happened 4 days *
later on another bill, and In each case the
action was indexed in the Journal of the
House of Commons as a motion for the pre«
vlous question. Here are the two entries
In the index to the 1881 Jotimal:

" 'Question, prevloiis; put and agreed to.
It appearing to Mr. Speaker to be the general
sense of the House, That the question be now
put (page) 96. Mr. Speaker having stated
that he collected from the last division, that
It was the general sense of the House, that
the question be now put, 100.'

"Thus we find that after closing debate 491
times in the 17th century, through the
motion for the previous question, the House
of Commons deliberately resorted to the
same Instrument In 1881. for the purpose of
ending filibusters. Back of all this U the
demonstrated fact that the House of Com-
mons, like any parliamentary body, has
power to Insvire the orderly transaction of
business accordlrtg to the will of the major-
ity, and that this power was effectually ex-
ercised by the Speaker, with the unspoken
assent of the House, before he was formally
clothed with this authority.

"Apply these long lines of precedent to the
current controversy over the senatorial fill-
buster. In which the previous question la
likely to be invoked during the process of
changing the rules. It Is clearly revealed,
not only that cloture was the most familiar
result of moving the previous question d\ir-
Ing the first century of Its use, leading log-
ically to the American use of it for that pur-
pose, but that British practice took the same
direction when the need arose in the 1880's.
And it Is evident that any attempt to fill-
buster the putting of the motion for the pre-
vious question is contempt of the House
under parliamentary practices running back
to 1604.

"If British precedents are to be invoked
today, to curb the right of the United States
Senate to change Its rules through the freely
expressed will of the majority. It will hart
to be done In defiance of English history as
well as of the United States ConsUtution.
"Tours sincerely,

"laVIMO BXAMT."

Mr. DonoLAS. llr. President, Mr. Brant's
findings are summarlaed in the following
sentence of his letter :

"The result Is a mountain of evidence that,
measured by Its effect, the previous question
was Infinitely more Important In the early
period as a producer of cloture than as a
method of postponing a questton."

The proof of this assertion is found in the
figures Mr. Brant cites on the use of the pre-
vious question motion in the British House
of Commons. First, however, recall that
the proponents of the filibuster have claln\ed
that the previous question motion In the
early Senate was like the rule In the British
Parliament In that — they say — it did not
limit debate but avoided a vote on a sub-
ject. And my distinguished colleague, the
senior Senator from Georgia, referred to the
previous question motion In the early Sen-
ate:

"That was the previous question rule from
the British Parliament, which applied in
that body for many years. A motion for the
previous question was in the nature of a
motion to postpone consideration of • bill
before the Senate."

ICr. Brant made an extraordinary study of
the many occasions on which this motion
was used, and has tabulated ths rasidts. Zt
U a tremendous feat of research, and Is as-
treinely important in the study of this ques-
tion.

Well, what was that motion in the British
Parliament, and what effect did it have?

In the 17th century — that Is, from 1904,
when It was first adopted to 1700—12 years
after William and Mary ascended the throne
of England — the previous question was
moved on 736 occasions. Its effect was to
doss debate 481 times and to postpone only
246 tlntes.

From 1700 to 1'790 — that is until the time
when the first Senate of the United States
adopted the previous question rule — the
previous question was moved In the House
of Commons 163 times. Ite effect was to
close debate 48 times, and to postpone 115
times.

Thus, In the almost 2 centuries of usage
of the previous question rule in the British
Parliament l>efore It was adopted In the first
Senate, we find that It was moved on 899
occasions. Ite effect was to limit or close
debate 639 times, and to postpone on 860
occasions.

So If the previous question motion in the
early Senate was, as the proponenta of the
flilbuster claim it was, the rule from the
British Parliament, it Is quite clear that it
was a rule whoee effect was to limit debate
60 percent of the times It was used prior to
its adoption by the first Senate. Tlius, Ite
principal use was to close debate, and Mr.
Brant is not In error when he states that
there "la a mountain of evidence that,
measured by Ite effect, the previous question
was Infinitely more Important in the early
period as a producer of dottire than as a
method of postponing a question."

From 1700 to 1882 — when the House of
Commons adopted a specific cloture rule —
the previous question motion actually limit-
ed debate on no less than 67 occasions. In
this latter period the motion resulted in
postponement on something like 204 oc-
casions.

The form of the previous question motion
In the British Hoxise of Commons evolved
over the years, and the motion before 1882
was put "that that question be now put."
If the "yeas" prevailed, debate was stopped
and the main question voted on. When the
"nays" prevailed, the main question to which
it referred was postponed.

It should be noted that this motion was
In the affirmative form, and the negative
form of the previous question only came Into
use in the House of Commons in 1888.

In 1877, when the House was faced with
obstructive debate over the South African
bill, the Speaker ruled that^-as was the
tradition of the House — a Member who was
willfully perslsent in obstructive debate was
guilty of contempt of the House. It should
be emphasized that he was not announcing
a new principle, but said at that time that
everyone knew that obstruction was In con-
tempt.

The House of Conunons then had no clo-
ture rule as such. The previous question
had often had the effect of closing debate.
The rules of Parliament, wrote Sir Thomas
Ersklne May (the Clerk of the House), in
describing the situation, were designed to
afford every legitimate opportunity of dis-
cussion. In the obeervance of these rules
he said, "Freedom of debate has been re-
spected with rare patience and self-denial."
He then continued, and the cltaUon Is May's
Law and Usage ot Parliament, ninth edition,
1883. page 880:

"But of late, these salutary rules have been
strained and perverted, in the Bouse of
Commons, for purposes of obstruction."

It became clear that such a course, if per-
sisted in, wotild frustrate the power and au-
thority o< Parliament and secure the domi-

nation oi a small minority, condenuwd by
the deliberate Judgment of the House and
the coiuitry. That It was unparliamentary
and opposed to the principles of orderly gov-
ernment was manifest, and on the 26th ot
July, 1677, it was declared by the Speaker:
"That any member willfully and persist-
ently obstructing public business, without
just and reasonable cause. Is guilty of a caa-
tempt ot the House, and wotild be liable to
such punishment, whether by censure, by
suspension from the service of the House,
or by conunltment. as the House may ad-
Judge." (Sir T. Ersklne May's Lew and Usage
of Parliament. 1883 edition, pp. 380-381.)

8o. Instead of converting the motion for
the previous question into a means of clo-
ture at that time, the Speaker asserted the
power of the House, under general parlia-
mentary practice, to stop a fiUbuster by %vlb-
pendlng the participante or committing
them. I ask thoee of my colleagues who
appeal to BrlUsh parllmentary practice as
a guide to decision erf polnte of order In the
United States Senate, whether they are will-
ing to be governed by this particular par-
liamentary power? Which would they pre-
fer, to let debate be closed by moviiig the
previous question — as is done in all other
American legislative bodies— or would they
rather be dealt with by a citation and pun-
ishment for contempt, which Is an alterna-
tive if the general parliamentary practice of
the British House of Commons Is Invoked.
In 1878, a select committee of the House
of Commons was appointed to study the
problem of obstructive debate and to make
a report on that problem.

It will be recalled that the Irish leader,
Isaac Butt, died in 1870 and Charles Stewart
Pamell took over the leadership of the home-
rule movement. As the eminent Oxford his-
torian. Keith Felling, put It, PamcU "set
to work on two f route: at Westminster, to
make Parliament unbearable by obstruction
until Ireland's claims were heard, and to bid
one British party up against the other" —
Keith Felling, A History of England, Ixjndon,
Macmlllan, 1950, page 078.

So it happened that the question of how
to deal with obstructive debate came in-
escapably before the British House of Com-
mons soon after the Speaker made his 1877
ruling.

The next move was the adoption of a
standing order in 1880, under which any
Member who was cited by the Speaker for
willfully obstructing debate was suspended.
Several Members were suspended, but the ob-
struction Increased.

In February of 1881 the situation became
so Intolerable that I wish to quote the fol-
lowing from Hansard's Parliamentary De-
bates, third series, volume 257, column 2032,
during the debate over the protection of
person and property — Ireland — bill:

"(9 a.m. Wednesday. February 2 [1881])
"At this time Mr. Speaker ret\u-ned to the
House and resumed the chair; and the hon-
orable Member for Cavan at once resimied
his seat.

"Mr. Speaker thereupon addressed the
House as follows:

"Tlie motion for leave to bring in the
protection of person and iwoi>erty (Ireland)
bill has now been under discussion for above
5 days. The present sitting, having com-
menced on Monday last at 4 o'clock, has
continued imtU this Wednesday morning,
a period of 41 hours, the House having been
frequently occupied with discussions upon
repeated dilatory motions for adjournment.
However prolonged and tedious these dis-
cussions, the motions have been supported
by small minorities, in opposition to the
general sense of the House.

" 'A crisis has thxis arisen which demands
the prompt intervention of the Chair, and
of the House. The usual rules have proved
powerless to insure orderly and effective de-

bate. An Important measure, recommended
in Her Majesty's speech nearly a month since
and declared to be urgent in the Intereste
ol the State by a decisive majority. Is being
arrested by the action of an Inconsiderable
mlncHity, the Members of which have re-
sorted to those nKXies of "obstruction" which
have been recognized by the House as a
parliamentary offense.

" "The dignity, the credit, and the author-
ity <^ this House are seriously threatened,
and It Is necessary that they should be vin-
dicated. Under the operation of the accus-
tomed rules find methods of procedure, the
legislative powers of the House are paralyzed.
A new and exceptional course Is impera-
tively demanded; and I am satisfied that I
shall beet carry out the will of tbe House,
and may rely upon ite support. If I decline
to call any more Members to speak, and at
once proceed to put the question from the
chair. I feel assured that the Bouse will be
prepared to exercise all Ite powers in giving
effect to these proceedings.

" 'Futtu« measures for insiu-lng orderly de-
bate I must leave to the Judgment of the
House. But I may add that It will be neces-
sary either for the House Itself to assume
more effectual control over Ite debates or to
entrust greater authority to the Chair.'

"Question put, "That the words proposed
to be left out stand paot of Uie question.'

"The House divided — ayes 164, noes 19.
Majority, 146.

"The l^ieaker then proceeded to put the
main question, which was agreed to without
a division.

"(These proceedings cause great excite-
ment among the Members present; and those
who had voted in the minority withdrew
from the House, crying 'Privilege! Privi-
lege!']

• • • • •

"Mr. Gladstonx. I propose to move tomor-
row the following resolutions:

"1. If upon notice given a motion be made
that the state of public business Is urgent,
and if on the call of the Speaker 40 Members
shall support It by rising in their places,
the Speaker ehall forthwith put the question
[that the public btislness is urgent], no de-
bate, amendment, or adjoiunment being
allowed • • • and if the question be re-
solved in the afllrmative by a majority of
not less than three to one, the powers of the
House for the regulation of Ite business upon
the several stages of bills, and motions, and
all other matters, shall be and remain with
the Speaker, until the Speaker shall declare
that the state of public business is no longer
urgent."

This was adopted February 3. 1881, and
the bill was voted to be iirgent. The effect
of this proposal was to affirm that the House
had full authority to regulate Ite proceed-
ings and to delegate this power to the Speak-
er to exercise at his discretion.

A few weeks later, there were two fxuther
incidente which show how effective the
power of the Speaker to limit debate really
was. I quote again from Hansard's Parlia-
mentary Debates, third series, voliune 258,
colimin 1833. during the Debate over the
Protection of Person aiMl Property — ^Ire-
land— bill on February 26, 1881:

"Mr. CDoNNiLL. I wish to say — and I will
delay the House only a very few minutes

"Mr. Spkakxb. It appears to me to be the
general sense of the House that the question
be now put."

In other words, he was shutting off de-
bate.

"The Masoubs or HArriworow. I beg to
move, sir, that the question be now put.

"(Hartington was described as 'one of Her
Majesty's principal Secretaries of State.']

"Motion made, and question put, "That the
question be now put.'

"(Ayes 2S2, noes 82. Question put. That
this bin do pass.' Ayes 381, noes 86] "

v-i''

252

CONGRESSIONAL RECORD — SEN ATE

January 5

1961

CONGRESSIONAL RECORD — SENATE

253

And thlB action led to the following entry
In the Index:

"Question, prevloua; put. and agreed to, «
appearing to Mr. SpMker to be the general
sense of the House, that the question be
now put, 96."

The second incident is found In Hansard,
same volume, column 2017, March 1, 1881, on
the debate over the Peace Preservation — Ire-
land—bUl:

" ( Motion before the House that debate be
adjourned.]

"The Mabqukss or Habtinoton. I hope the
House will not assent to this motion, but
that it win determine to conclude this de-
bate tonight. If we may Judge from the
tone and character of most of the speeches
recently delivered, it appears to me that
there Is not material for another discussion.
"(Journal of the Hotise of Commons, p. 100,
March 1, 1881)

"(Motion to adjoiim debate defeated, aftsr
midnight, 202 to 21.]

"And, Mr. Speaker, having stated that he
collected from the last division that It was
the general sense of the Hoiise that the
question be now put:

"A motion was made, and the question
being put, that the question be now put.

"The House divided.

"The yeas to the right.

"The noes to the left.

"[Tellers named.)

"Teas 200, noes 22.

"(Main question carried by same vote,
authorizing the bringing In of a bill to
amend the law relative to possession of fire-
arms In Ireland.]"

And tbls action also led to the following
entry in the Index for March 1, 1881:

"Question, previous, put, and agreed
too • * • Mr. Speaker having stated that he
collected from the last division, that It was
the general sense of the House, that question
be now put, 100."

These Incidents show how the Speaker ex-
ercised the power to regulate proceedings
and that the official Index to the debates
show the Incidents as examples of the
previous question which, on these occasions,
closed debate and was used for that specific
purpose.

Following these events It was decided that
a formal system of closing debate would be
more effective — as certainly it would be less
irritating — than punishment for contempt.
Thus. In 1882, the House adopted a cloture
rule. The form of the motion was "That
the question be now put." As a result, the
House of Commons had two motions — the
previous question and a cloture motion.
They were both worded In the afllrmatlve and
they differed In form only between a "that"
and a "the," that Is :

Previous question : "That that question be
now put."

Cloture: "That the question be now put."

There was another difference between these
two motions apart from the difference be-
tween a "that" and a "the." Both ended
debate and brought a vote If the "yeas" pre-
vailed, but there was a difference between
them when the "nays" prevailed. If the
"nays" prevailed when the previous question
was put, the effect was to postpone the mat-
ter. If the "nays" prevailed when cloture
was put. debate continued.

Because these differences were so subtle
and because the forms of the motion were
so much alike, the Speaker, In 1883, proposed
a change. He proposed that the form of the
"previous question" be changed to the nega-
tive form, namely, "That the question be not
now put." He did this few two obvious
reasons: First, because when Ijoth motions
were In the afllrmatlve, it was easy to con-
fuse one with the other. Second, as the
"previous question" was ordinarily p\it for
the purpose of postponement, but had the
effect of cloture If the "yeas" prevailed and of
postponement If the "nays" prevailed, the

Member moving the previous question mo-
tion for the purpose of postponement had to
vote against his own motion — or "nay" — ^if he
wished his purpose to be fulfilled.

Bo, what happened was that the Bouse
of Commons actually followed two Ameri-
can precedents. In effect. It adopted the
American system of using the previous ques-
tion as a means of stopping debate, but
changed the name of it from the previous
question to cloture. It then preserved the
motion for the previous question and held
It to Its original purpose of postponing a vote,
by adopting the wording which we In the
United States employed to achieve that end
during the period of ova confederation. It
should be recalled, however, that the effect
of Its use In the Continental Congress was to
end debate. Do not get the impression
that this was a mere coincidence. I quote
the words In which Sir Thomas Ersklne May.
the Clerk of the House of Commons, sug-
gested the change. It Is to be found on page
304 of the 1883 edition of his Law and Usage
of Parliament:

"In 1778, the Congress of the Confederation
adopted the 'previous question' in a negative
form, i.e., 'that the main question be not
now put,' which appears to be a superior
form to that used In this country and is still
followed, though with different objects. In
America."

Sir Thomas explained the difference in a
footnote on the same page:

"In America, the effect of the previous
question Is Immediately to suppress all fur-
ther discussion of the main question."

So there we have it.

In the United States, direct progression
from original use of the previous question
as a means of postponement, to universal use
of the same motion as a means of forcing
a vote.

In England a similar direct progression
from one ptirpose to the other, but with the
old form of the previous question given the
new name of cloture, and the old purpose of
the previous question preserved by giving
the motion a new form.

Yet even In the House of Commons today,
where the negative form of the previous
question continues to be employed, the de-
feat of that motion will produce the full
effect of cloture just as surely as will the
carrying of the affirmative motion. In other
words, two negatives make an affirmative.
That is made perfectly clear In the latest
edition — published In 1980 — of May's trea-
tise on parliamentary practice. I quote from
page 389 :

"If the previous question be resolved In the
negative, the original on which It was moved
must be put forthwith, no amendment, de-
bate, or motion for adjournment being
allowed, because, as the House has negatived
the proposal, 'That that question be not now
put,' the question must be put at once to
the vote."

It is, therefore, clear that in both the
United States and England, all of the legis-
lative bodies that have been confronted
with filibusters — all of them that have been
so confronted except the U.S. Senate — have
done what was necessary to rescue the legis-
lative process from the obstructive tactics of
a small minority. Majority rule has pre-
vailed, with the rights of the minority re-
spected.

Now let me discuss this development to
curb excessive debate. It is perfectly clear
from what I have already said that. In Eng-
land, the iM-lncipal effect of the motion for
the previous question In early years was to
close debate. In later years, its principal
effect was to postpone a question on which
the maker of the motion did not desire an
immediate vote although its effect was still
to limit debate on numerous occasions. It
Is not less true that in England, even today,
the effect of putting the motion for the pre-
vious question — In case the Hoiise does not

wish for a postponement — ^is to bring the
main question to an Immediate vote, with-
out debate or amendment.

Finally, it is an unchallengeable fact that
in parliamentary bodies In th» United
States, for about a centiiry and a half, the
previous question has been moved for the
primary and explicit purpose of cutting off
debate and forcing the main question to a
vote.

How has this American development come
about? Some will say It has come about by
a perversion of the original rule. They
simply complain that parliamentary bodies
In the United SUtes have converted the
original British rule to postpone to a mo-
tion to limit debate.

But the truth is as we have seen that at
the time the early Senate used the prertoua
question as cloture, the British had. in fact,
ended debate hundreds of times by that
same method.

Others will explain this American develop-
ment by saying that the motion for the
previous question was the neareafe instru-
ment at hand to do what the Mambers of
the Congress regarded as necessary to be
done a hundred and fifty years ago.

I will go further and say — as must be clear
from the exposition of the development of
the previous question In the House of Com-
mons— that the motion for the previous
question was not merely the Instrument
nearest at hand, but that It was and still
is far better adapted to the purpose of clo-
txxr* than to the postponement of a sub-
ject. Of all the clumsy, backslded, crablike
methods of securing a temporary postpone-
ment, the motion for the previous question
Lb about the worst, when employed and
worded as It was In the British House of
Commons while that body was creating the
alleged precedents — and I emphasiae "al-
leged"— which are supposed to hogtle the
American Senate today.

The reason Is that prior to 1888, a Member
of the House of Commons who did not want
a question voted on made a motion that it
should be voted on, now. He then voted
against his own motion. If a majority did
likewise that U. U the motion waa de-
feated— the subject was postponed to a fu-
ture day. But if the motion carried, that
was a vote to put the main question now.
and it was put instantly, without debat«
and without amendment.

What was needed to convert the motion for
the previous question from a method of post-
ponement into a method of cloture? Noth-
ing whatever was needed except that the
Member who made the motion should wish It
to carry, instead of wishing It to be defeated.
All that was needed to make the motion ef-
fective for the purpose of cloture was that a
majority should vote for It.

That is the sum total, the absolute total, of
this supposed American subversion of a
sacred English Institution. How sacred was
it? We have seen that the British in the
House of Commons in the 17th century voted
on the previous question 736 times. The
result was "cloture" 491 times and "postpone-
ment" 245 times. Using only the logic of
words, the House of Commons perverted its
own rule more than two-thirds of the time.
But, judging the master both by the logic of
words and the logic of results. It seems more
natural to conclude that the British did not
pervert their rule at all. Quite to the con-
trary. The utterly absurd and illogical sys-
tem by which a man voted against his own
motion has all the appearance of a reversal of
the original process. Certainly, in the early
days of America, our lawmakers merely de-
cided that a motion to vote on a question
now was a motion to vote on It now. That
seemed more natural to them than to move to
vote on It now In order to defeat the motion
and prevent a vote on it now. I call that
supposed perversion of the rule a natural,
logical, and commonsense development, thor-
oughly typical of our countrymen at the be-

ginning of the 10th century. Right at that
time a young diplomat — secretary of a for-
eign legation In Washington — wrote home as
follows :

'"[In Congress] there are about five per-
sons who look like gentlemen. All the rest
• • • are well. Indeed, If they look like
farmers, but moat seem apothecaries and
lawyers.' (Augusttu Foster to his mother,
Lady Elizabeth Foster. Foster papers. Li-
brary of Congress.)"

I do not know about the lawyers, but it is
my opinion that the farmers and apothecaries
believed in putting motions that produced
their desired effect by being iMwsed, not by
compelling a legislator to vote against his
own motion.

V Conclusion

In summary. It is clear that the United
States Senate from 1789 to 1806 had a, mo-
tion for the prevloui! question. This m( tlon
was put in both afllrmatlve and negative
forms. Dep>endlng upon the will of the Ben-
ate, a vote on the motion could either post-
pone or it could end debate and bring the
main question to an immediate vote. As it
happened, on two occasions the purpose and
effect of the motion was to postpone. On
two other occasions the motion was moved
for the purfwee of clostog debate and bring-
ing a vote. On one of those two occasions
that actually happened and on the other oc-
casion the motion -though not voted on —
achieved the same result.

Further, it is clear that the Senate,
through the Vice President, had the power
to limit or stop obstructive debate. On the
one hand, the Vice President had the power
to decide points of order without appeal
to the Senate. On the other. Jefferson's
Manual provided that "No one Is to speak
Impertinently or beside the question, super-
fluously or tediously." From the history of
the Senate in those days, it appears that
Senators did not use the filibuster and,
therefore. It was probably not necessary to
Invoke this power. However, the latter point
Is only conjecture, because we do not know
the full details of events In the Senate owing
to the lack of complete reporting of debates.
Finally, It has been clearly shown that
for almost 200 years In the House of Com-
mons, the motion for the previous question
served principally to cloae debate. Later—
In the 19th century— it became an instru-
ment of postponement, and then, in the
1880's, the words of the motion were given
a new heading — the title of clottire — while
the motion for the previous question was
given a negative wording which coincided
with the purpose of postponement. In the
early days of the United States Senate, the
previous question was used for the purpose
of cloture. It has been so used in the House
of Representatives since 1811. and the same
is true of all general parllamenUry practice
in this country. The evolutionary process
in both the United States and England, ex-
cept for the Senate of the United States, has
been the same — toward the orderly use of
parliamentary authority to prevent the ob-
struction of public business.

Broader and deeper than the form, pur-
pose, and effect of the previous question mo-
tion in the early Senate and the power of the
Vice President to preserve order is the power
set forth in the Constitution — the power of
the Senate to "determine the rules of its pro-
ceedings." The power to determine includes
the power to change. That power cannot be
taken away by law, by preexlstent rules, or by
precedent. It moat certainly cannot be taken
away by Invoking the fictional tradition of
a past that never was. Whenever a majority
of a quorxim In this body decides to cut loose
from the tentacles ot the filibuster. It will
have the power to do so without "let or hin-
drance" from those who believe that demo-
cratic self-government Is fvilfllled in the
paralysis of the legislative process.

Mr. President, I ask unanimous consent to
have printed In the Recoko at this point th^*
Memorandum on the Development of Clo-
ture and the Previous Question In American
and British Practice, by Irving Brant.

There being no objection, the memoran-
dum was ordered to be printed In the Rbcord,
as follows:

"MEMOaAMDtTM ON THZ DEVELOPMENT OF CLO-
TUEE AND THE PREVIOUS QUESTION IN AMEKI-
CAN AND BXrriSH PRACTICX

"(By Irving Brant)

"The motion for the previous question
originated in the British Parliament at the
beginning of the 17th century. It was used
In the American Continental Congress late
m the 18th century and appeared In the first
rules of both Houses of the United States
Congress In 1789, but was dropped by the
Senate In 1806.

" 'The previous question,' It Is stated In Sir
Thomas Ersklne May's Law and Usage of
Parliament. 'Is an Ingenious method of
avoiding a vote, upon any question that has
t>een proposed.' But If the majority does not
wish to avoid a vote, the effect ol putting the
previous question is to cut off debate and
force the main question to a decision at once.
Thus the rule can. with equal ease, be made
a method of postponement or an instrument
of cloture, regardless of variations in the
form of the motion or the original purpose
of it.

"Forma of prevums questions

"In the British House of Lords, the Lord
Speaker puts the question. "Whether the
original question be now put.'

"In the House of Commons the words of
the motion are negative, "That that question
be not now put.'

"In our Continental Congress, it was moved
'That the main question be not now put.'

"In the United States Senate, from 1789
to 1806, the prescribed wording was, 'Shall
the main question be now put?*

"In our House of Representatives, the word-
ing duplicated the Senate version, from 1789
until 1880, when it was decided that the
Speaker, on motion, should ask for the yeas
and nays on ordering the previous question.

"One would suppose, from the origin of
the previous question and the present word-
ing in the House of Commons, that the neg-
ative form originated in the Commons and
was transplanted to America. That is not
the case. Until 1888 the House of Com-
mons used the affirmative form, and the
circumstances of the change throw a strik-
ing light upon the present difference be-
tween American and British practice.
'■England follows Continental Congress

"In the ninth edition (1883) of May's Law
and Usage of Parliament, the author (who
was clerk of the House of Commons) called
attention to the awkward wording of the
previous-question motion then In use : "That
that question be now put.' To use that
motion in order to postpone or get rid of
the subject. May pointed out, the mover
had to vote against his own motion. He
then suggested a change in wording based
on American precedent:

" 'In 1778, the Congress of the Confedera-
tion adopted the previous question in a neg-
ative form; I.e., "that the main question be
not now put," which appears to be a superior
form to that used in this country, and is
still followed, though with different objects,
in America' (p. 304).

"American purpose is cloture

"This transatlantic difference was ex-
plained In a footnote:

"'In America, the effect of the previous
question Is Immediately to suppress all fur-
ther disciission of the main question. Gush-
ing, Law and Practice of Parliamentary As-
semblies, 1866, pages 553, 664.'

"May's statement, made at a time when
the U.S. Senate had no previous-question

rule, referred to the general American prac-
tice. That is described as follows in Hughes'
American Parliamentary Guide:

" 'The previous question in American as-
semblies is used exclusively to close debate
and prevent amendments. • • • |It] may
not be debated. May not be amended. • • •
May not be postponed.' (Pp. 159. 569. 1924
edition.)

"Cloture and previous question in Eivffland

"Now, observe what was happening in Eng-
land when May wrote about the differing
purposes of the previotis-questlon rule in
the two countries. The year before. In 1882.
the House of Commons had adopted a perma-
nent closure rule which required an Imme-
diate vote on a motion "That the question
be now put." This motion enabled a ma-
jority of members present to force an im-
mediate vote on the main question. The
closure rule was used at once, and freely.
but 6 years passed before a member moved
the previous question. The Speaker there-
upon said (March 20, 1888) :

" 'If I were to propose that question in the
customary form, the terms of the motion
would be "That that question be now put,""'
words which are almost identical with the
words of the motion for the closure of a de-
bate.'

"They were indeed almost identical. The
motion for the previous question differed
from a motion for closure only by the differ-
ence between a 'that' and a 'the.'

"Previous question : "That that question be
now put.'

"Closure: "That the question be now put.'

" 'That' and 'the' both referred to the same
question. If the first was defeated, the sub-
ject was set aside but could be resumed on
a future day. If the second was defeated,
debate was resumed at once. But If either
motion received an affirmative majority, the
main question had to be put to an immediate
vote, without debate or amendment.

"The Speaker then proposed and the Hoxise
agreed to adopt the negative form "That the
question l)e not now put,' — the form used
in the American Continental Congress.

" 'Previous question' always stops debate

"Thus It came about that In ttie House of
Conunons today the closure motion is worded
affirmatively, the motion for the previous
question is worded negatively. If the affirma-
tive motion is defeated, the debate goes on.
If the negative motion receives an affirma-
tive majority, the subject is set aside till
another day. But all debate is cut off and
the main question is put to an immediate
vote if the majority votes aflirmatively on
the motion with the affirmative wording, and
the same is true If the majority votes nega-
tively on the motion with the negative word-
ing. This letter effect Is clearly stated In
the 10th (1893) edition of May's Law and
Usage of Parliament:

" 'If the previous question be resolved in
the negative, the original question must be
put forthwith, no amendment, nor debate,
nor motion for adjournment being allowed,
because, as the House have negatived the
proposal, "That that question be not now
put," the question must accordingly be put
at once to the vote.'

"When one considers the microscopic dif-
ference between cloture and the previous
question In the original form of these Brit-
ish motions, and considers also that every
form of the previous question establishes
cloture when the majority votes that way.
It becomes easy to see why the motion for
the previous question has become the pre-
vailing Instrument of cloture In the United
States.
"Use of motion in House of Representatives

"In the use of this motion it is far easier
to trace the course of events In the House
of Representatives than In the Senate. The
halting of debate In the House, through the

^^

254

CONGRESSIONAL RECORD — SENATE

January 5

I

motion for the prerlovis question, became
fully established In the bitter contest over
foreign policy preceding the War of 1812.
On February 27. 1811. with sine die ad-
jotimment compulsory on March S, the
climax was reached In a long filibuster which
threatened defeat of the nonlntercourse bill.
The Democratic majority held the House In
session all night. Between 2:30 In the morn-
ing and 5 o'clock, the previous question was
moved and carried 6 times. Here are the
entries in the Annals which describe the
decisive use of the motion to force a final
vote:

" 'Mr. P. B. Porter then said that, for the
purpose of coming to a decision on the bill,
and putting an end to a scene which was,
to say the least of it, disreputable to the
Hoiise, he moved for the previous question
on engrossing the bill.'

"The motion carried and the bill was en-
(prossed. and then, say the Annals, 'The
previous question was required on Its pas-
sage, and carried In the afBrmatlve.'

"Senate was once a fast-acting hody
"Philip Morler, British charge d'affaires, re-
layed to London the slanderous report he
received from Federalist Congressmen, that
the bill 'was passed amidst the drunken
shouts of the majority' at 6 o'clock in the
morning. Instead of recording statistically
what happened in the Senate, when that
controversial bill arrived 3 days before the
demise of Congress, allow me to quote what
I wrote about It in James Madison, the Presi-
dent:

" 'The sober Senate, in which filibusters
were iinknown, passed It In 2 days' time,
and the President signed It almost before
the ink was dry.' (P. 268. )

"This contrast in speed between House and
Senate was fairly typical. The most con-
troversial treaty In American history, prior
to the struggle over the League of Nations,
was the one negotiated by John Jay with
Sngland In 1794. The Senate rejected one
article and called for renegotiation of others,
yet ratified the treaty in 2 weeks. The House
made a 4 months' fight against the imple-
mentation of it. New England Senators
violently hated the 1803 Ix>uUiana Purchase,
and could have nullified it by 2 weeks' delay
In the exchange of ratifications. Tet the
treaty of cession was ratified In 2 days.

"Early Senate rule on previous question

"In appraising the powers and actions of
the Senate before 1806, in regard to limita-
tion of debate, It is necessary to bold three
things In mind:

"1. The absence of the filllnuter during
that early period.

"2. llie p\irpoee and effect of the limita-
tions actually placed on debate — whether
they represented a primary purpose or an
incidental effect.

"3. The power of the Senate to curtaU de-
bate as a primary purxxjse, regardless of
whether the actual curtailments were pri-
mary or Incidental.

"The first and third of these chiefly affect
the conclusions to be drawn; the second
directly Involves the clrciunstances of the
actions. Those circumstances are not easy
to ascertain, because the Senate In early
years held all Its meetings behind closed
doors. The Annals of Congress, which are
mostly a compilation of imofllclal steno-
graphic reports and summaries published In
newsimpers, contain no record whatever of
Senate debates before 1800, and the Senate
Journals amd Executive Journals are of course
empty of them.

"Senate r^lle Vin, adopted in 1789, made
the motion for the previous question a
privileged motion, and rule IX prescribed its
wording and the manner at Its use:

" 'The previous question being moved and
seconded, the question from the Chair shall
be: "Shall the main question be now put?"

Jana if the nays prevail, the main question
shall not then be put.'

"First use of previous question in Semite

"This was first resorted to on August 17,
1788, when the Senate had before it a House
bill authorizing an appropriation of 840,000
to pay the expenses of treaty negotlaticm
with the hoetUe Creek Indians. A Senate
committee reported this bill favorably, but
advised a pledge in addition that If the
treaty should fall to establish peace, 'Con-
gress will make such grants of money' as
might be necessary to protect the frontier.

"The report was rejected, whereupon Its
backers offered a motion empowering the
President to 'draw on the Tr«»sury for de-
fraying the expenses' of troop movements
that might be made necessary by failure of
the treaty. The Senate Journal next records:

" 'And on the motion for the previous
question, to wit: "Shall the main question
be now put?" It passed in the negative. The
Senate adjourned to 11 o'clock tomorrow.'

"On the following day. by a vote of 12 to 7,
the Senate struck '$40,000* out of the House
bill and inserted '820,000.' A new resolu-
tion was then offered to give the President
discretionary spending power. Like Its
predecessor, this resolution encountered a
motion for the previous question and the
result vras the same. 'It passed in the nega-
tive,' records the Senate Jbximal. 'And on
the question upon the bill, it was resolved,
to concur therein with the amendment.'

"Since the movers of the prevlovu question
are unidentified and the yeas and nays wers
not taken, there is no tangible record to show
whether these two motions were Intended to
force a vote on the two resolutions or to get
them out of the way. The latter seems more
probable because such a maneuver would en-
able the economy bloc, which enjoyed a 18-
to-7 majority, to avoid an Indefinite grant
of spending power to the President and yet
escape the odium of a vote against the de-
fence of the frontier.

"Negative form used for postponement
"The previous question was next moved on
January 12. 1792, when the Senate was con-
sidering the nomination of William Short,
then charge d'affaires at Paris, to be Minis-
ter at The Hague. President Washington,
on December 22. had submitted Short's
name for the Holland post along with those
of Thomas Plnckney and Oouvemeur Morris
for London and Paris. All three legations
had been without a minister for some years.
"On December 29 — the fourth day at de-
bate— ^a motion was offered 'that, in the
opinion of the Senate, it will not be for the
Interest of the United States to appoint min-
isters plenipotentiary to reside permanently
at foreign courts.' This was amended next
day to read that the Senate do not possess
sufficient evidence to convince them that tt
will be for the Interest,' etc., and was re-
ferred to a committee to report generally
thereon.

"The committee reported on January 0
that from the facts communicated to them,
they are of opinion that there is now a spe-
cial occasion for appointing a Minister to
the Court of London. Plnckney was there-
upon confirmed without a rollcall. A fight
was made against the report that there was
a special occasion for appointing a minister
to France, but it carried 19 to 7 and on the
following day Morris was confirmed, 18 to 11.

"Part of an isolationist fight

"On the nomination of William Short, the
committee reported the Information ob-
tained from the Secretary of State on this
subject. The information unquestionably
was favorable, for Secretary of State Thomas
Jefferson had unbounded admiration and
affection for Short, his former Secretary of
Legation at Paris. The report, however, was
followed by a motion 'that there Is not. in
the oi^nion of the Senate, any present occa-

sion that a Minister should be sent to The
Hague.' The Executive Journal continues:

" 'On this motion, the previous question
vras moved for, to wit: '.'That the main ques-
tion be not now put." '

"On motion, the nomination and motion
of disapproval were put over till Monday, the
l«th. On that day, the previous question
was put to a vote which came out 13 to 13.
The Executive Journal then records:

" "The numbers being equal, the previous
question was by the Vice President deter-
mined In the affirmative.'

"Since the motion was worded In the nega-
tive, this was a decision that the question
be not now put. The Senate thereupon
confirmed Short, 15 to 11.

"Dangcroxis debate is avoided

"In this tnsUnce, It will be noted, the Sen-
ate disregarded the form of previous-ques-
tion motion prescribed in rule IX and went
back to the negative form used in the Con-
gress of the Confederation. The reason for
that is evident In the nature of the conflict.
Besides wanting to get rid of all foreign
legations, the Senate isolationists were
rubbed raw by the fact that in Holland the
United States owned an expensive, long-
empty hotel which had been bought by Min-
ister John Adams during the Revolution to
Impress money-lending Hollanders with the
soundness of American securities. If that
issue were debated in the Senate. Short
would be in trouble.

"Of the 18 Senators who voted for the mo-
tion not to put the motion. 12 voted Imme-
diately afterward to confirm Short. By
moving the previous question, they not only
got rid of a dangerous resolution, but lim-
ited the debate on confirmation to the Issue
of Short's fitness for the place— an Issue oa
which he was Impregnable. If any Senator
undertook to speak against the mission It-
self, he would be subject to a ruling by Vie*
President John Adams that he was vtoUUng
the decision on the previous question. The
purpose and effect were mads unmistakable
by the resort to the negative wording of the
motion, which conflicted with the r\Ues of
the Senate. As it was. the tie vote broken by
the Vice President was taken as an omen at
iiltlmate defeat. Secretary of State Jefferson
sent orders to Holiand that the legation
building be sold at once and advised Short
to apply for a transfer to some other poet.
Congress, he wrote, was likely to does the
one at The Hague by refusing an appropria-
tion for it.

"Senate force* vote by 'prevtoue queetion'

"The previous questlmi was moved on A

third occasion on February 20. 1700. daring
a lull in the excitement which resulted from
the XYZ disclosures. Following a concilia-
tory overture by Talleyrand to William Vans
Murray, who had succeeded William Short as
Minister at The Hague. President John
Adams on February 18 nominated Murray to
be the American Minister at Paris. Faoed
with a senatorial revolt, he shifted on the
25th to the nomination al Chief Jtistice
Ellsworth, Patrick Henry, and Murray as
envoys extraordinary to France, with treaty-
making powers. The next day a motion was
offered, declaring that the new message su-
perseded the prior nomination of Murray
alone. The prevloxis question was moved in
the form prescribed in the rules: *Shall the
main question be now putr Both It and
the main question, the Executive Jotimal
revecUs, were 'determined in the affirmative.'
One can only speculate as to the circum-
stances which produced this motion for the
previotis question. It Involved no hostility
to Murray, who was the only one of the three
special envoys to receive unanimous con-
firmation. The motion eould have been
made to prevent or cut off a politically dan-
gerous debate — ^for the sending oS this peace
mission wrecked the Adams Cabinet and
split the Federalist Party asunder. It could

1961

CONGRESSIONAL RECORD — SENATE

255

have been an impatient way of preventing a
waste of time disc\isslng a question that re-
quired no discission. If nobody wanted to
talk there was no reason to make the mo-
tion. The one certainty is that the previous
question was moved to bring the main ques-
tion to an Immediate vote, not to postpone
it. Thus It disprove* the contention, made
on the Senate fioor on January 4. 1967, that
the Senate before 1806 governed its practice
solely by 'the previous-question rule from
the BrltUh Parliament, which • • • was
merely a method oT dUpoelng of a measure,
without taking action on it at that time.'

" 'Previous question' in impeachment trial

"The last senatorial motion for the pre-
vious question was made on March 10, 1804,
when the Senate was sitting as a court in
the Impeachment of Judge John Pickering.
Climaxing a 3 -day deljate behind closed
doors. Senator White, of Delaware, offered a
resolution — regarded by the majority as an
accvisation of ex parte prosecution — "That
this court is not at present prepared to give
their final decision' upon the lu-tlcles of im-
peachment The reason: no inquiry had
been made into the suggestion that the
Judge had failed to appear because he 'was
and yet Is Insane.' The official record re-
counts a series of objections and out-of-or-
der motions leading up to the following:

" 'Mr. Nicholas hoped it would not be per-
mitted to go upon the Journals of the court.

" 'Mr. Jackson moved the previous ques-
tion, viz: "Shall the main question be now
put?" •

"Senator White wanted the yeas and nays
on whatever was done to dispose of his reso-
lution. Then :

" 'On motion of Mr. Dayton, the galleries
were cleared and the doors closed.

" 'At 3 o'clock the doors were opened, and
the question was taken upon the resolution
as at first submitted, yeas 9. nays 19' (An-
nals of Congress. Eighth Cong., first sess.. pp.

363-363).

"This record reveals the allnement, Jack-
son being a Ueutenant of Nicholas, who was
President Jefferson's right hand man. In
other respects it's far from clear. However,
the diaries of Senators John Quincy Adams
and William Plumer make It evident that the
Official RepxM-ter transplanted the motion to
close the doors, to the point at which they
were reopened. The galleries were actually
cleared (though not at the first attempt) a
short time after the resolution was intro-
duced; the previous question was moved Just
before the reopening. The remark by Nich-
olas, which preceded the motion, was made in
the middle of a debate which would have
been out of order In open session. Both this
fact and the natixre ol the struggle are
made clear in the diary of Senator Adams, a
Pickering supporter.

"Majority wanted to prevent debate
" 'On this resolution (wrote Adams) it was
not without the utmost difficulty that any
discussion whatsoever could be obtained.'

"He described an opening maneuver by
Senator Nicholas, the majority leader, and
then wrote:

" 'The next stniggle was to prevent all de-
bate upon the resoluUon. By our nUes
there can be no debate on any motion in
open court. A motion to close the doors for
the purjKjse of discussing the resolution was
rejected.'

"Senator Smith, of Ohio, asked the mean-
ing of part of White's resolution. The an-
swer could not be given In pubUc. so he
reversed his position and furnished the ad-
diUonal vote needed to go Into conclave.
Thereupon, wrote Adams:

" 'The galleries were cleared, and a short
discussion of the resolution was held * ' *
ICr Anderson |of Tennessee] and most of
the Members of the majority all the time
manifesting the most extreme impatience to
open the doOTs and stop all fvirther debate.

"The nature of the discussion Is indicated
by Senator Plumer's record of the remarks
of the majority leader :

" 'Mr. Nicholas vociferated, order, order,
order — I will not submit to hear our pro-
ceedings called by the degrading name of a
mock trial.'

"To which White replied that he did not
mean to offend the Virginia Senator, but he
would not retract his words :

" 'If in this I have offended him, I am
willing and ready to give him satisfaction at
any time and place he will please to name.'
"It was in this atmosphere, after this offer
to fight a duel, that Senator Jackson moved
the previous question and White demanded
the yeas and najrs. That forced the issue,
but at this point the special Impeactiment
rules took over.

'Openinii Senate doors had effect of cloture
"Under the rules, all motions had to be
voted on by yeas and nays in open court. It
was necessary to open the doors in order to
vote on Jackson's motion. But opening the
doors would produce the precise effect de-
sired from the motion for the previous ques-
tion. It would stop all debate, because de-
bate was forbidden id open session. It would
lead at once to a final vote, because the Pres-
ident pro tempore had ruled that the White
resolution was fairly before the court and
must be disposed of before other business
was taken up, while procedural objections by
Adams had balked all attempU at amend-
ment. The effect of the majority maneuver
was cloture, and Adams bitterly recorded the
result:

" 'The doors were opened. The yeas and
nays were taken on Mr. White's resolution —
yeas 9. nays 10.' (White had walked out.)
(Memoirs of John Quincy Adams, I, 302.
William Plumer. Memorandum of Proceed-
ings In the U.S. Senate. 1803-7. pp. 173-177.)
"I shall now offer some observations on the
factual record.

"Senate did not follow early British usage
"Had the Senate been governed by the
British practice of using the motion for the
previous question to postpone a subject, that
would have been the object in all four of the
cases in which the Senate resorted to it.
Instead, both in 1799 and 1804. the purpose
and effect were to bring the main question
to a vote, and in the 1804 Instance the first
objective was to halt a debate which was ob-
noxious to the majority.

"There is no possibility that Senator Jack-
son moved the previous question in order to
postpone the White resolution. Had that
been the Intention, it would have been nec-
essary for the anti-Pickering forces to put
the motion for the previous question to a
vote and defeat It. thus deciding not to put
the main question. Instead, they cut off
debate by opening the doors, put the main
quesUon, and defeated it. They halted the
debate Just 2 hours after the question at
issue was formally placed before the Senate.
"This action was a little less ruthless than
it seems, because the subject of Pickering's
alleged insanity had been debated at large,
behind closed doOTS, fw the better part of
3 days. A motion to postpone a decision was
beaten on March 9. 10 to 20. The repeti-
tion of it next day. with accusatory language
In the restrtuUon. did not put the majority
In a mood to tolerate prolonged and unin-
hibited debate.

"Senate set precedent for House of
Representatives
"Observe the similarity of language em-
ployed in the debate leading up to thU fii^
moving of the previous question In the
Senate, and the first use of it In the House
of Representatives to stop a filibuster.
'Order, order, order,' shouted Senator
Nicholas. T will not submit to the de-
mwilng faccusatlonsl-' And in the House
of ReiM-esentatlves, 7 years later, the same
rule was invoked to end a debate described

as 'disreputable to the House.' That body,
instead of inventing a new form oS cloture,
was actually following the precedent set in
the Senate.

"In the sequence of motions for the previ-
ous question in the Senate there is a re-
markable resemblance to the evolution of
the previous question and closure in the
British House of Commons. When the sup-
porters of WlllUm Short used the 'previous
question' to avoid a debate and a vote that
would imperil his confirmation, they empha-
sized their purpose by ignoring Senate rules
and offering the negative form of the mo-
tion. "That the main question be not now
put.' But when the majority wanted to
silence the Senators who were calling the
Pickering procedure a mock trial, they ad-
hered to the Senate rules and employed the
words. 'Shall the main question be now put?"

"American and British parallels in cloture
"That shift in the resort to the two forms
is analogous to what took place in the House
of Commons in the 1880's, when the form of
the previous question was 'That that ques-
tion be now put.' Instead of utilizing this
for closure without changing the name, the
House of Commons reworded the previous
question to the negative form which was
used by the U.S. Senate in the case <rf
William Short. The old affirmative British
form of the previous question, analogovis to
the one used by the Senate in the Pickering
case, was given the name of 'closure.' Under
that title It Is employed today in England
for the precise ends which every American
legislative assembly, except the U.S. Sen-
ate since 1806, achieves by means of the
jwevlous question. In the Senate before
1806, In the House of Representatives since
1789. and In the House of Commons since
1887 (when the origins^ closure rule was
strengthened) those three bodies demon-
strated their ability to cope with every prob-
lem of obstrucUon procedure which they
faced.

"Vice President's rulings were unappealable
"Ability to halt debate in the Senate be-
fore 1806 depended on one point alone —
whether Senators could talk Indefinitely,
without let or hindrance, on the motion to
invoke the previous queetion. The answer
to that is 'No.' because in that day there was
no appeal from the decision of the Vice
President on points of order.

"This very point was raised in the Senate
during a debate on filibusters in 1891, and
the earlier plenary power of the presiding
officer was admitted by one of the leading
champions of the filibuster in his day-
Senator Carlisle, of Kentucky, whose con-
gressional career Included three terms as
Speaker of the House of Representatives.
Carlisle had asserted that 'the motion for
the previous question was debatable in the
English House of Commons from the time
It was first established In 1604 or 1608 until
the present hour.' It was vised there, he
said, not to suppress delsate but to suppress
the subject itself without a direct vote on
It and for that piirpose It prevailed in this
Senate until perhaps about the beginning of
the present century.'

"Carlisle's assertion about the use of it
in the Senate was erroneous though no doubt
sincere. What attracted attention, how-
ever, was his seeming ImpUcation that the
motion to invoke the previous question was
equally debatable in the House of Commons
and in the United States Senate. The fol-
lowing colloquy ensued:

" -Mr. Au)«iCH. WIU the Senator allow me
to interrupt him?
" 'Mr. Caslisle. Certainly.
" 'Mr ALDMCH. Is the Senator aware that
m the Senate until 1828 the presiding offi-
cer, the Vice President, decided all qu«»«on«
of order without appeal and without debate?
" 'Mr. Carlisle. Certainly. • • • The prop-
osition I make is that as soon as you gave

Y :'r
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256

CONGRESSIONAL RECORD — SENATE

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1961

CONGRESSIONAL RECORD — SENATE

257

1

?4

tbe Senate the right to paas upon an appeal,
as soon as you provided by your rule that
the question should come before the Senate
for Its decision, then It came there as every
other question must come before a legisla-
tive aaaembly, subject to debate unless you
provided to the contrary In the rules'
( OowGRxssioNAL RccoBD, Jan. 21, 1891, vol.
116, p. 1606).

"Although he conceded that the Vice Presi-
dent originally possessed power to prevent
a flllbuster. Senator Carlisle contended that
after 1828. when appeals from the decisions
of the chair were sanctioned, the Senate be-
came subject to the general parliamentary
practice concerning tlie previous question,
which, he said, had been debatable In the
Kngllsh House of Commotu 'from the time
It was first established in 1604 or 1605 until
the present hour.' On this reasoning, a
Senate minority could prolong debate for-
ever, on the changing of a nile, by talking
forever against tbe motion to put the pre-
vious question. That has become, in truth,
the solitary parliamentary point on which
today's Senate minority relies to preserve Its
power to paralyze tbe business of Congress.

"Debate for obstruction held to be contempt

"But Senator Carlisle overlooked one fact.
If any member of tbe Hoxise of Conunons
undertook to debate any motion for the
willful and persistent purpose of obstruct-
ing legislation, he was guilty of contempt
and could be suspended or sent to Jail. The
cloture rule was adopted In 1883, not to
create a power to control debate, but to cut
It off by a simple vote of the House Instead
of through the use of Its police power.
This Is made crystal clear In the 1883 edition
of May's Law and Usage of Parliament
(p. 880) :

** The rulee of Parliament are designed to
afford every legitimate opportiinlty of dis-
cussion, to insure reasonable delays in the
passing of Important measures, and to guard
the rights of minorities. In the observance
of these rules, both houses have displayed a
generous regard for the liberty of Individual
members, and of political parties. Freedom
of debate has been respected with rare pa-
tience and self-denial. • * • But. of late,
these salutary rules have been strained and
perverted. In the House of Commons, for pur-
poses of obstruction. It became clear that
such a course. If persisted In, would frustrate
the power and authority of Parliament, and
secure the domination of a small minority,
condemned by the deliberate Judgment of
the house and the country. That It was vm-
parllamentary and opposed to the principles
of ordo'ly government was manifest; and on

July 36, 1877. it WM declared by the Speaker.

"that any member willfully and persistently
obstructing public business, without Just and
reasonable cause, is g^lty of a contempt of
the house, and would be liable to such piin-
ishment. whether by censure, by suspension
from the tervlce of the house, or by conunlt-
ment, as the hotise may adjudge." '

"The Speaker was not setting forth a new
principle but reasserting an ancient one.
The quoted sentence opened with the words.
'Now, the house Is perfectly well aware' that
any member thus obetructlng public busi-
ness Is guilty of contempt. The antiquity
of that principle can be sensed in the decla-
ration in Jefferson's Manual that no person
'Is to speak Impertinently, or beside the
question, superfluously, or tediously.' Jef-
ferson based that statement — which clearly
outlaws the flllbiister — on Hatsell's Prece-
dents, and Hatsell cited a string of prohibi-
tions proclaimed In the spring of 1004. (3
HaUell. 230-238. 1818 edition.)

"In 1880. 3 years after the Speaker of the
House of Commons invoked the rule of con-
tempt, this was Implemented by a standing
order for the EUB|>ension of any member
named by the Speaker 'as disregarding the
authority of the chair, or abusing the rule*
of the house by persistently and willfully ob.
structlng the business of the house, or other-
wise.' Suspensions followed, says May. but
obstruction continued. The house then
shifted to a cloture rule which controlled the
filibusters without resorting to the punish-
ment of Individuals.

"Ample power in Senate today

"From the whole record three things seem
clear :

"1. The British Parllantent. on whose prec-
edents the defenders of the flllb\ister
chiefly rely, has always possessed power.
Independently of Its modern cloture rule, to
prevent the obstruction of public business
through misuse of debate.

"3. The United States Senate, from 1789
to 1806, had ample power under its rules to
cut off debate and bring any question to an
inunedlate vote, by the action of a majority
of Senators present, supported by an unap-
pealable ruling of the Vice President against
obstructive tactics. It used Its power to this
end in 1804.

"3. The use of the motion for the previous
question to close debate, now virtually uni-
versal in American parliamentary practice.
Is not a perversion of the original rule, but
an evolutionary development growing out of
the problems of democratic self-government.

"Against this array of facts the defenders
of the flllbuster have no defense except th«

erroneous claim that iindar general parlia-
mentary practice — meaning British prac-
tice—the motion to put the previous ques-
tion may be debated to death. Nowhere in
the world is that trus and never has been
true. The motion to put the i>revlous ques-
tion Is totally undebatable in the United
States House of Bepresentatlves and in
American State assemblies, which use it ei-
pressly for cloture. In the Senate before •»
1800. any attempt to turn normal dlscusaton
of that motion Into a filibuster — i.e.. to talk
endlessly on the question whether the debate
hod been long enough — could be quelled In-
stantly by the Vice President. In the British
House of Commons, ancient usage and mod-
em practice combine to make any debate, on
any motion, a contempt of the House when
it represents a willful and persistent attempt
to obstruct public business. That covers the
field.

"To put an end to filibusters In the Senate
today It is only necessary for a majority of
Members present to uphold the Vice Presi-
dent in two rulings. One of these Vice Presi-
dent NncoN has already offered as an Infor-
mal but officially recorded opinion: That
a Senate rule which hampers the power of the
Senate to change Its rules is unconstitutional.

"The other is: Tbat If, In the process of
changing the rules, the previous question Is
Invoked \inder general pcu-Uamentary i>rac-
tlce. the procedure adopted shall follow
either the American rule of no debate on
that motion, or the British rule of no ob-
structive debate on any motion. If the flll-
buster ers wish to Jump from the frying pan
Into the Are. they can appeal to the practice
of the United States Senate before 1806. when
th» British rule of no obstructive debate.
reinforced by the unappealable power of ih»
Vice President, enabled the Senate to taka
the lead in making the previous question an
effective Instrument of cloture."

Mr. DOUGLAS. I thank the Chair,
and I thank the Senator from Oeorgla.

ADJOURNMENT

Mr. RUSSELL. Mr. President, If there
is no further business, I move, under the
order previously entered, that the Sen-
ate do now adjourn.

The motion was agreed to; axMl (at 4
o'clock and 10 minutes p.m.) the Senate
adjourned, under the previous order, un-
til tomorrow, Friday. January 6, 1961, at
12 o'clock meridian.

EXTENSIONS OF REMARKS

Local-State Efforts Needed To Spur
EcoBomic Progress

EXTENSION OF REMARKS

OF

HON. ALEXANDER WILEY

OF WISCOWSIl*

IN THE SENATB OF THB UNrTED STATES

Thursday. January 5, 1961

Mr. WILEY. Mr. President, during the
days ahead, the economic problems con-
fronting the country wUl be one of the
major issues with which we will be con-
cerned.

As necessary. Uncle Sam needs to take
action to help spur business and Indus-
trial activities, to create more Jobs, and

generally to improve our economic out-
look. I am not one, however, who be-
lieves that Uncle Sam must do the whole
Job.

On the contrary, I believe we are over-
looking our greatest potential for eco-
nomic progress if we ignore, or attempt
to usurp, the responsibility of States and
local communities to act effectively In
promoting economic progress.

Across the country, we find that prob-
lems differ widely. Consequently, we
need programs tailored to each specific
situation. ITiis requires constructive,
creative efforts, not simply by the Fed-
eral Oovemment but also by States and
local communities.

In a special report to my constituents,
I recently reviewed a series of steps
which. If imdertaken, could help tremen-

dously in improving the economic out-
look. Following its publication, a great
many individual, civic, and governmental
interests endorsed this ai^roach. Be-
lieving It may offer some useful ideas for
dealing with our economic problems, I
ask unanimous consent to have the re-
port printed in the Record.

There being no objection, the report
was ordered to be printed in the Rxcoao,
as follows:

Spbcial EcoNomc Rzpokt bt Hon. ALSXAMon
WnxT, OF WiacoMazM

A dynamic economy depends upon eitlasn-
communlty-free enterprise cooperation to as-
sure a pace of growth necessary to meet the
needs of the people and the eoonomy. To
accomplish such a goal requires a multi-
pronged program. Particularly, it demands
creative thinking and planning "tailored"
to the needs of each community.

Over the years, a number of programs
have been InltUted to provide a framework
of action within which communities can
move ahead to resolve economic problems
and to promote progress. Among the ma)or
ones are Included: Encouraging greater in-
dustrial development in both iirban and
rural oommunltlee; Improving the outlook
for Job-creating businesses — large and
small: expanding rural development pro-
grams, particularly in areas of chronically
low Income; and other efforts for maximum
uUllaatlon of natural and human resources
to serve our people.

Overall, these are examples of programs
making a contribution in this field. How-
ever, a greater cooperative effort by SUte-
local Interests — working with, and utilising
service* provided by, Pederal agencies — Is
needed to promote economic progress.

ArrxAcnMC mtw n«DUST«T
To Improve the economy. Industrial prog-
ress, (or example, can be spurred In two
ways:

1. By attracting new Industries. How can
this be done? Initially, by forming a com-
munity development committee and carrying
out InvestlgaUons undertaken in the follow-
ing areas: Determine quantity and skills of
available workers: study economic trends In
area; determine likely Industrial prospects;
survey of local market needs and opportuni-
ties: enlUt assistance of State engineering
schools, bureaus of business research, etc..
to assist In specific technical problems. Dis-
cover why — in the past— Industry may have
failed or moved away; svirvey of locally avail-
able natxval resoxwcee and Industrial poten-
tial; clearinghouse of information on soiirces
of venture capital; examine and utilise ap-
plicable methods of successful industrial ex-
pansion progruns of other communities; de-
termine needed civic Improvements; i.e.,
traffic arteries, store fronts, garbage disposal,
street paving, etc.: enlist assistance of Office
of Area Development of the Department of
Oommeroe and the Business and Defense
Dervlees Administration; review and, as
possible, favorably adjust tax system and
other local government service*.

Having made these determinations, proj-
ects to remedy weaknesses shovild be com-
menced and publication and promotion of
area's advantages should be undertaken.
Additional steps Include : Developing and re-
serving for industry sulUble Industrial sites;
modernizing old industrial facmtles and
building new onea. Financing for such ef-
forts can be raised by contributions or float-
ing bonds.

a. To expand existing Indtistry, the steps
Include: Attempt to find sources of business
expansion loans (banks. Individuals, Insur-
ance companies, the BmaU Business Adminis-
tration); initiate local buslneas and industry
Improvement clinics with assistance of local
trade associations. Gorernment Held offices,
university engineering and business schools;
render, where possible, or suggest specialists
to render, market and prodooe development
assistance.

The Office of Area Development of the De-
partment 0* Commerce provides technical
services to States and local communities;
Issues publications on area development
problems and assists SUtes and local groups
to: Create new industrial dlverslllcatlon; ac-
quire and prepare land for industrial tise;
organise industrial districts; develop new
products; locate new markets; locate Indus-
trial prospects; help manufacttirers who are
seeking sites for new branch plants to pro-
vide sources of data an plant location; pro-
vide guidance on ssmrity factors In plant
locatlcm; plan site selection surveys and
Tuyinuttn a Uteaiy ot plant locatloa data.

ntFBOviira TH« owTUxns fob kxw wrmanaa
Now, how is it possible to brighten the out-
look for T*"»^" buslnessT Nationwide, there
are over 4.6 mUlkm enterprises, mcludlnf

over 100,000 in Wisconsin, of which about
95 percent are small businesses.

To help meet some of the different prob-
lems, the Small Business Administration pro-
vides a ntunber of services to small businesses
and local develc^ment companies seeking
to raise employment or economic develop-
ment in a community. The programs in-
clude:

1. Local development company loans:
Companies having a broad base of ownership
may borrow funds to buy land and either
build a new factory or expand and convert an
existing plant, provided the project will aid
a smaU business concern.

a. Production assistance: SmaU businesses
are Invited to register their facilities at the
SBA regional office. The SBA acts as a clear-
inghouse for services which small firms may
offer other small firms or larger firms.

3. Research and development assistance:
Technical assistance Is provided by SBA on
product research, new product potential,
processing methods, product and marketing
developments, new Industrial uses for mate-
rials, and industrial uses for agricultural
products.

Assistance is also rendered through advice
on problems of plant location and plant space
and undertaking the locating of tools or ma-
terials needed; through the awarding of a
certificate of competency, the small business
Is encouraged to bid In competition with
larger firms for Government contracts; man-
agement courses. In conjunction with local
educational institutions; management coun-
seling with SBA regional office; management
seminars and 1-day conferences; publishing
information on available materials, patents,
and how-to articles.

4. rinandal assistance: Business loans —
financing on reasonable terms when It is not
otherwise available through private lending
sources; disaster loans — granted to aid firms
stricken by either physical damage or eco-
nomic injury.

In general, the assistance rendered the
small btislness emphasizes efforts to aid un-
employment areas, areas affected by economic
dislocation, depressed areas, areas whose
economy Is adversely affected by Govern-
ment-sponsored projects (such as the Federal
highway program) or whose economy Is ad-
versely affected by natural economic shifts.

DXVKLOPICXNT OF SMAIX BXTSIIfXSS POOLS

The development of small business pools,
also. Is helping to meet some problems that
could not otherwise be resolved, such as pro-
grams to collect market and research in-
formation related to a partlcxilar industry for
dissemination to participating members; con-
struct, acquire or establish laboratories and
other facilities for the conduct of research;
prosecute applications for patents and render
patent services for partlclpaUng members;
as well as negotiate and grant Ucenses under
patents held under joint programs.

aXnUL DKVSLOraCKNT FBOOaAJS

The general objective of the rural develop-
ment program Is to assist In remedying low
Income on farms and disadvantaged rural
families.

The major targets of the program include
providing farm families with information
and ability to gain tools, land, and skills for
successful farming; education and Job train-
ing; health services and community sanita-
tion; expansion of markets for products of
small farms, l.e., new processing plants, ad-
ditional co-ope; changes in crops and In-
creased crop production; forestry and con-
servation assistance for small woodlots and
timber processing enterprises; water resource
development; and Industrial development.
About 300 counties in 30 States, Including
Sawyer and Price Counties In Wisconsin,
have been designated for the rural develop-
ment program.

The accomplishments achieved have l)een:
new businesses and services sctivltles have

added nearly 18.000 full- or part-time Jobs;
mariLet Improvement projects started; soil
nu^splng completed on farms In rural de-
velopment areas: p«)Jects In health services
reported; rural clubs organised in com-
munities, to exchange ideas on promoting
better living; and other steps that have im-
proved Income and farm life.

How can a local county with chronic low
income initiate a rural development pro-
gram? A county may apply to the State
riu-al development committee (In Wisconsin,
headed by Henry L. Ahlgren. associate di-
rector of extension. University of Wiscon-
sin). The committee decides which counties
andA#r areas will be designated, and how
exteitfive the program will be in those areas.
Even though the county may not be desig-
nated a rural development county under the
program. It can ask the State extension
service and the university for technical as-
sistance. It can, imder its own aegis, follow
closely the form of the rural development
coimtles. And. If the State niral develop-
ment committee assents. It can have the
help of rural development agents on specific
problems.

A BIOGES SLICX OF THE MTTLTOnXIOM-DOLLAB
TOtnUST PIX

liooklng now to the development at toxirlst
trade, we find that tourism Is one of the
fastest developing businesses In the United
States. Annually, tourists in this country
spend 916 and $20 billion.

As of now. tourism Is the third largest In-
dustry in Wisconsin. However, I believe we
can cut, for our Badger State, an even larger
slice of this economic pie.

Tourism beneflte not a few. but many seg-
ments of the community's economy. Includ-
ing services, transportation, acconunodations.
entertainment, cleaning services, products
such as sporting equipment, souvenirs, fash-
Ions, etc., utilities (power, water, light) . The
result: greater economic growth and easing
the local tax burden. A secondary benefit
from tourism Is that It attracts new Industry
through Increase In population, pleasant
locale for plant location, etc.

A great many communities can — either by
exploiting an existing potential or even by
importing one — probably turn themselves
into regions which will appeal to tourists.
Examples of attractions: A good inn. a his-
torical landmark (battle site, churches, mill,
etc.); a body of water, an animal preserve;
hills, mountains, valleys, forests or woods;
geological formations — such as the Wiscon-
sin Moraines — and other natural or man-
made features.

Programs that wlU develop tourist trade
Include: Facelifting program for the com-
mvinity; l.e., clean up unsightly areas, refuse.
Junk; paint and spruce up town: encourage
clean, comfortable lodging places; well-
cooked, well-served meals; developing, or
Improving specific tourist attraction; obtain
expert advice in restoring historic structure,
draining lakes, etc.; determine from what
areas to attract tourists, and then advertise;
enlist cooperation of area newspapers, mag-
azines. TV and radio staUons to help seU
community.

What are basic tonriBt habits? According
to a report by the Department of Commerce,
80 percent travel by air; 89 percent stay in
motels; 26 percent stay In hotels and resorts;
27 percent with friends and relatives; mort
tourists take two vacation trips a year, to-
taling 20 or more days; 17 percent go In the
winter; 18 percent In spring; 40 percent In
simimer; 25 percent In the fall; average an-
nual expenditure per family is $400; roughly
1 out of 12 goes abroad each year. The rest
stay in the United States, the largest single
totirlst market In the world.

Tourist development programs can be
supported by private or business flnanclng;
by group (chamber of commerce, community
associations, etc.) contributions; or other
ways. OreraU, expanding tourism promises

:'t,l

ovn-

-17

258

CX>NGRESSIONAL RECORD —- SENATE

January 5

1961

CONGRESSIONAL RECX)RD — SENATE

259

1*1

great things for the years ahead. Paid and
Increasingly longer vacations, good roads,
more leisure time and money, early retire-
ment, more education— all these portend a
fast-growing opportunity for the American
to travel.

SUMMAKT

This, then, Is a brief look at some of the
opportunities for greater citizen -community-
State effort to better utilize our human and
natural resources. As this can be done more
effectively and successfully, we. In Wisconsin,
can buUd an already good life into an ever-
brighter futitre.

National Concern About Ciyil Libertiet
of All Gtiiens

EXTENSION OP REMARKS

OF

HON. HARRISON A. WILUAMS, JR.

or mw JXBSET
IN THB SENATE OP THE UNITED STATES

Thursday, January 5. 1961

Mr. WILLIAMS of New Jersey. Mr.
President, the eloquent Junior Senator
from Maine, Edmund S. Muskh, re-
cently gave a major address at a meet-
ing of the Florida Civil Liberties Union
in Miami. He addressed himself to the
question of differences among peoples of
this Nation; he showed that differences
can be a source of strength and not
necessarily a source of weakness.

In his plea for national concern about
the civil liberties of all citizens, the
Senator expressed a confidence and a de-
termination which should be shared by
all who believe that much work must
yet be done to guarantee and protect
those liberties. Mr. President, I ask that
unanimous consent to have the address
printed in the Congressional Record.

There being no objection, the address
was ordered to be printed in the Record,
as follows:

This Is Mt C!ountet

(Address by Hon. Kdmttno S. Mvskik,
of Maine)

Ify father's father was a farmer In Rus-
sian-occupied Poland prior to the tiu-n of the
century. He shared the Intense patriotism
and love of liberty which has preserved the
Identity of my ancestors as a people through
centuries of oppression. He early determined
that his youngest son, my father, should have
an opportunity to bxilld a better and freer
life than appeared possible under the czarlst
tyranny.

And so It was that. In his early teens, my
father was apprenticed to a tailor. At the
age of 17, having learned his trade, he left
his home, embarking upon a new life, pre-
ferring the bright prospect of the unknown
and unfamiliar freedom to his oppression-
darkened homeland.

What he found here forever justified his
hopes and his father's faith. At his knee,
I 'have heard him reminisce, for hoxu-s on
end, out of the fullness of his heart, upon
his boyhood life — the close family ties which
boimd him to loved ones he was never to see
again, the warmth at his father's hoxise, the
Joys and pleasures of his childhood. It could
not have been easy for him to leave them
behind. He talked to me of these things be-
cause he wanted to relive them. But he had
a deei>er purpose.

Increasingly, as the years pased by and my
comprehension grew, he drove home his les-
son. What he had lost had been more than

offset by what he gained— fear himself, for
his father, and for me. Here, if a man had
ability, he could apply It In a manner of his
own choosing. Here. If a man had an opin-
ion, he could express It without fear of re-
prUal. Here, if a man disagreed with govern-
mental policy, he could say so, and, more
than that, he could do something about It
by casting his ballot at the polls. Here, a
man was completely free to reap the fruits
of his own integrity, Intellectual, and physical
capacity, his own work. There were no
heights toward which he could not strive.
It mattered not what his national back-
ground, his religious or political beliefs, his
econ<Hnlc status In life might be.

These beliefs were my father's life He
held them confidently through periods when
he felt the lash of prejudice directed against
those of foreign birth and of his creed. On
the evening of my Inaugural day as Governor
of Maine, he turned to me and said, very
simply. "Now I can die happy." A few
months later the final chapter of his life was
written. I am sure that, in the closing mo-
ments, he must have thought of the strange
and wonderful destiny which had so aston-
ishingly vindicated the beliefs which had
uproott-d his life.

In 1789. Benjtumln Pranklln described the
America which was my father's life, when he
wrote :

"Ood grant that not only the love of lib-
erty but a thorough knowledge of the rights
of man, may pervade all the nations of the
earth, so that a philosopher may set his foot
anywhere on Its surface, and say, 'This is my
country.' "

Everyone In America Is a member of a
minority group. It may be economic, so-
cial, political, religious, racial, regional, or
based upon national origin. It may not be
such today as to set us apart In any un-
pleasant way. But It could tomorrow.

The character of our minority status may
vary In its impact today upon our effective
enjoyment of dignity, equality, security, and
opportunity. It may not today constitute a
disability In any of these respects. But It
could tomorrow.

Our particular minority group may be
Joined today with others In a common cause
or common prejudice or a common indif-
ference with majority status. The ac-
companying power to affect the rights and
privileges of minority groups not a part of
the coalition Is subject to abuse resulting
from Indifference, callousness, or deliberate
intent. Today, as a member of the current
majority, the possibility, or even the actual-
ity, of such abuse may be of no concern to us.
But It cSuld be. If our particular minority
group becomes the object of tomorrow's
prejudice or indifference.

To those who say — and there are such —
that certain national and ethnic groups are
better and more desirable as Americans than
others, let us ask: "Who is to make the selec-
tion, and at what point In history, and Is
the selection subject to revision as the major-
ity coalition changes?"

To those who say that there are superior
and inferior citizens, depending wholly upon
race, national origin, religion, or color, let
us ask: "Who is to make the selection and
how can you be sure what your status will
be when the majority coalition takes shape?"
I am not suggesting that the case for
civil liberties should be based upon fear of
each other.

I am saying simply this. Our differences
have made our country great. They have
done so because, increasingly, creative abil-
ity, intellectual capacity, and high moral
and spiritual principles, wherever found,
have been allowed to seek their highest
attainable level.

I am also saying this. Our differences can
destroy us; and the Instruments for such
destruction are prejudice, fear, indifference,
hatred, and retaliation.

Is it better for us and our country that we
seek reasons to like and trust each otbarr
Or Is it better that we seek reasons to fear
each other?

In the 1860's, the Maine Legislature con-
cerned Itself with the problem of Inducing
settlements In the unpeopled townships of
the State. An agent was sent to Sweden,
with Instructions to make vigorous efforts to
establish a Swedish colony in Maine. With-
in 10 weeks he had brought to Maine 2a
men. 11 women, and 18 chUdren — including
a pastor, farmers, a civil engineer, a black-
smith, 2 carpenters, a basketmaker. a baker,
a tailor, and a shoemaker. They carved a
home out of the wilderness of northern
Maine. New immigrants followed. Within
5 years the population had increased to 600
who had built a prosperous community of
130 houses, barns, 2 steam sawmills. 1 water-
power sawmill, and the incidental business
establishments. At the end of 5 years, 133
men applied for citizenship.

A member of the Swedish Parliament wrote
to the Governor of Maine as follows: "May
the young colony of New Sweden grow and
flourish, not only in material strength, but
even In developing their moral and intel-
lectual faculties. And may the new popu-
lation thus add to your State and to your
Great Republic a good and healthy element
of moral power from the old world, and
becoming Inbued with the spirit of your free
Institutions, reflect that spirit on their na-
tive land.

"What we have lost In the old fatherland
will then not have been lost to humanity:
On the contrary, the trees have only been
transplanted on a fresher soil, where they
will thrive better, and give richer and mor^
abundant fruits. God blees the harvest.
God bless your land."

Civil liberty Is the sunshine without which
the crop will suffer. The enemy of civil
liberty is prejudice. The cause of prejudice
is fear — fear of the unknown, fear that there
is no real basis for mutual trust and con-
fldence. fear that those discriminated against
may abuse power and authority If given the
chance.

If such fears are well-founded, there is no
real basis for democratic Institutions. AU
the evidence from our national history and
experience indicates that they are not well-
founded. The growth of o\ir free institu-
tions— their effectiveness and strength — has
been in direct proportion to the expansion
of civU liberties and their enjoyment by
greater numbers of our people of more diverse
and varied backgrounds, talents, and ex-
periences. This has been our harvest. And
it has been fruitful.

The cause of civil libertiea. then, is not
simply that of do-gooders, or of neighbors
Interfering without Justlflcatlon in the af-
fairs of neighbors. It is the caxise of all
those who are concerned that our national
climate be a healthy (me.

Let those who support this cause, however,
avoid self-righteousness. Let us not refuse
to give the trust and confidence which we
ask. Faith begets faith if buttressed by an
accumulation of reassuring experiences.

There are some Important assiimptions
whose validity we ought to consider:

1. Long -sustained habits of dlacrlmina-
tlon generate forces of stress and strain
which, if allowed to explode, can produce as
much evil as the discrimination itself.

2. The overwhelming majority of Amer-
icans share the basic belief in the worth and
dignity of the Individual. Thoae who deny it
to others do so, in many instances, because
of a belief that their own is threatened.

3. The forces of decency will, in the long
run, prevail. If we deny the vaUdlty of this
assumption, then we ourselves are in doubt
as to the integrity of democratic institu-
tions.

Obviously, these assumptions do not solve
the problems created by prejudice and dis-

crimination. They serve simply as a brake
upon our Impetuosity. They should not
eerve as an excuse Tor Inaction.

Our go*l must b<! to replace fear and dis-
trust with understanding and trust.

How do we achieve it?

Conununlcation — am tMtween equals — to
Important.

ramlliarlty — as among equal»~ls Impor-
tant.

Education Is Important.

But how do we comnaunlcate, how do we
get to know each other, how do we educate
each other when there is stone wall resUtance
to even the alighUat contact?

There are, of oo\tree, all of the arts which
man has used to influence man since the be-
ginning of time — end which reach their ftill
potential in a democracy — the arts of per-
suasion, discussion, and debate — the power
of example and experience.

There is also the rule of law — not •• a

primitive force, not as a harsh master, but
as a stimulus, as a prod, as a standard at
conduct.

We cannot legislate trtist and understand-
ing. We cannot legislate eonildenoe. We
cannot strike down fear by legislative decree.
We cannot by a stroke of the legislative pen.
create love and kindness in a human heart.

But we can, by wise legislation, create a
climate In which men, separated by divisive
differences, can learn to live together.

It is possible to establish rtiles to prevent
abuses, to restrain the impulsive, to contain
and eliminate excesses, to encourage re-
sponsible atutudes, to give support to
moderation.

When men are equal before the law and
are required to treat each other as such, they
are more inclined to believe in such equality.

We have made legtolative i>rogr«sa in this
field in recent years. Some believe we have
moved too fast; others that we have not
moved fast enough. Without resolving that
difference of opinion, Z think It fair to say
that we have moved ahead, that the move-
ment has achieved constructive results, and
that it gives ijromlse of more progress.

In the long run, we must and will achieve
basic civil liberties for all our people. To-
ward this end. we can do no better than to
pray in the wcmls of St. Francis:

"Lord, make me an Instnunent of Thy peace.
Where there is hatred. let me sow love.
Where there is Injury, pardon.
Where there is doubt, faith.
Where there is despair, hope.
Where there is darkness, light.
Where there is sadness, Joy."

SENATE

Friday, January 6, 1961

The Senate met at 12 o'clock meridian,
and was called to order by the Vice Pres-
ident.

Tlie Chaplain. Rev. Prederick Brown
Harris, DX)., offered the following
prayer:

Ood of all mercies. In a violent day
swept by angry forces with which un-
aided we cannot cope. Thou only art our
strength and refuge, amid mortal ills
prevailing.

As citizens of a world that carries on
its sagging shoulders problems of human
relaticmships and burdens of suffering,
greater than humanity has ever before
borne, make us inwardly adequate to be
Thy ministers of reconciliation.

In this day of crashing systems, save
us from being prophets of gloom and of
doom. As we peer at the fiery destruc-
tion of the old. may there be vouch-
safed to us vistas of a richer, fairer earth
to be.

Rising above aU that is ignoble, teach
us to work together in glad harmony for
the honor, safety, and welfare of our
Nation and of all peoples of this awaken-
ing earth who unite in mutual good will,
determined to open the gates of life more
abundant for all mankind.

In the name of Jesus Christ, our Lord,
we ask it. Amen.

THB JOURNAL

On request of Mr. Mansfuld, and by
unanimous consent, the reading of the
Journal of the proceedings of Thursday,
January 5, IMl. was dispensed with.

UMTTATION OF DEBATE DURINO
MORNING HOUR

Mr. MANSFIELD. Mr. President, un-
der the rule, there will be the usual
morning hour for the introduction of bills
and the transaction of routine business.
I ask unanimoiis consent that statements
in cormection therewith be limited to S
minutes.

The VICE PRESIDENT. Without ob-
jection, it is so ordered.

COlOdTTEE MEETINGS DURINO
SENATE SESSION

Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the Perma-
nent Investigating Subcommittee of the
Committee on Government Operatiorw
be permitted to sit durii\g the session of
the Senate today.

I also ask imanlmous consent that the
Internal Security Subcommittee of the
Senate Judiciary Committee be per-
mitted to meet at 2 p.m. today.

The VICE PRESIDENT. Without ob-
jection, it is so ordered.

COUNTINO OF ELECTORAL VOTES

Mr. MANSFIELD. Mr. President,
there is a slight difference in the infor-
mation which has been given to me as
to the exact time when the Joint session
will be held, this afternoon, in the Hall
of the House of Representatives. Can
the Chair inform the Senate on that
point?

The VICE PRESIDENT. The joint
session is scheduled for 1 p jn., this after-
noon.

Mr. MANSFIELD. Mr. President, I
wish to announce to the Senate that it
is my intention to suggest the absence of
a quonun at 12:40; and at 12:45 the Sen-
ate will proceed in a body to the House
of Representatives, for the official count
of the electoral votes.

Mr. RUSSELL. Mr. President, will
the Senator from Montana 3^eld?

Mr. MANSFIELD. I jrield.

Mr. RUSSELL. Mr. President, this
morning I read in the press — although of
course I learned a long time ago that one
caimot believe all he reads in the press —
that there was lilcely to be some con-
troversy with respect to the electoral
votes for the State of Hawaii. Does the
majority leader have any information
on that? Some of us do not always at-
tend these vote countings. The vote
countings heretofore have been had by
various and suiulry means.

Mr. MANSFIELD. Let me say to the
distinguished Senator f nan Georgia that
to the best of my knowledge the votes
from the State of Hawaii have been dis-
patched by the Governor of Hawaii to
the General Services Administration;
that the Secretary of the Senate. Mr.
Felton Johnston— at least, last evening.

and. I am sure, also this morning — was
and is in constant contact with the Gen-
eral Services Administration: and it is
our hope that by the time we meet m the
House of Representatives, the ballots
from Hawaii will have been received,
transferred to the proper receptacle, and
made an official part of that ceremony.

Mr. RUSSELL. Mr. President if the
Senator from Montana will yield fur-
ther. I wish to violate a rule I have fol-
lowed for many years, because I am so
intrigued by that statement. Let me say
incidentally that I do not like to reveal
abysmal ignorance, and as a rule I do
not do so. But let me ask whether we
have passed a statute which gives the
General Services Administration custody
of the electoral votes.

Mr. MANSFIELD. I am revealing my
own ignorance on this matter, also. But
I recall a conversation I had with the
Secretary of the Senate last night, and
I believe he said Governor Quinn had dis-
patched the ballots to the General Serv-
ices Administration, and Mr. Johnston
had been in touch with the Administra-
tor of that agency, so that if they do ar-
rive in time — and it was anticipated that
they would — they could be transferred to
him and, I assxime, put in their proper
boxes and placed in the Hall of the
House of Representatives.

Mr. RUSSELL. The ballots to which
the distinguished majority leader refers
as having been dispatchwi by Governor
Quinn confirm the latest report that the
Donocratic nominee carried the State
of Hawaii by a small majority, do they?

Mr. MANSFIELD. That is my under-
standing, but I hope the Senator from
Georgia will not hold me too closely to it.

The VICE PRESIDENT. Let the
Chair ask whether the Senator desires to
obtain a response to his inquiry.

Mr. RUSSELL. I understood the dis-
tinguished Senator from Montana to say
that was his understanding, but tluit he
was not completely assured. Probably
the Chair is better advised on this sub-
ject than is the Senator from Montana,
the distinguished majority leader.

The VICE PRESIDENT. The advice
received by the Chair on this particular
subject Is only as good as that of the
Parliamentarian; and the Chair knows
that the Senator from Georgia and all
other Senators respect the views of the
Parliamentarian.

260

CONGRESSIONAL RECORD — SENATE

January 6

1961

CONGRESSIONAL RECORD — SEN ATE

261

!*

Mr. RUSSELL. I hope that the Chair
and all Senators will consult the Par-
liamentarian, in the days ahead, and will
be guided by his views.

The VICE PRESIDENT. In certain
cases the Chair does.

Mr. RUSSELL. Yes, but only in cer-
tain cases. ( Laughter. ]

The VICE PRESIDENT. According
to law, the General Services Administra-
tion participates in the manner the Sen-
ator has described. That is oy law, not
simply by precedent or custom.

Mr. RUSSELL. So we have delegated
to the General Services Administration
the fimction of receiving the electoral
votes, as transmitted by the various State
authorities, have we?

The VICE PRESIDENT. If the Chair
may respond, let the Chair state that the
law provides that the General Services
Administration shall receive two copies
of the electoral votes which are sub-
mitted by the States ; and, under the law,
one of those copies is made available to
the Presiding Officer of the Senate, who
then carries out the constitutional func-
tion of announcing the vote.

Mr. RUSSELL. Has the Chair, as the
constitutional officer of the Senate, re-
ceived those votes from the General
Services Administration?

The VICE PRESIDENT. The Chair
received the ballots this morning from
the General Services Administration;
and they are in the appropriate sealed
boxes, and will be carried over to ttie
House of Representatives.

Mr. RUSSELL. Then apparently there
is no truth in the rumor that there will
be a controversy about those votes.

Mr. DIRKSEN. Mr. President, if the
majority leader will yield, let me say
that I was quite curious about the statute
that brings the General Services Admin-
istration into the picture. I have not
gone back in the Record to examine the
debate; but I infer that the National
Archives are imder the jurisdiction of
the General Services Administration,
and therefore the General Services Ad-
ministrator has charge of the National
Archives; and these are papers that
would be c<xnmltted to the National
Archives; and for that reason he was
brought in, under the statute, as the
custodian in fact.

Mr. RUSSELL. I appreciate the Sen-
ator's casting that light on the subject.

But I must say that it would appear to
me that it would be more In order, under
the c(»istitutional machinery for the
counting of the electoral votes and the
canvassing of the returns, for the reverse
of that to happen — in other words, for
the ballots to have been originally for-
warded to the constitutional officers of
the Congress, and by them transmitted
to the General Services Administration,
for perpetuation in the National Ar-
chives.

Mr. MANSFIELD. Mr. President. I
rise to a parliamentary inquiry.

The VICE PRESIDENT. The Senator
from Montana will state it.

Mr. MANSFIELD. If there had been
a question about the ballots from Hawaii,
would the Senate be called upon to vote
on such a matter?

The VICE PRESIDENT. According
to the understanding of the Chair, if
such a question were raised, the joint
session would be dissolved, and the
Senate would return to its Chamber, and
would there consider the matter ; and at
the same time the House would concur-
rently consider the matter. Once the
two bodies had concluded their delibera-
tions and had reached their decisions,
the joint session would be reconvened.
If the two bodies agreed, that cf course
would decide the matter. If tliey dis-
agreed, then, according to 3 U.S.C. 15,
the votes of the electors whose appoint-
ment shall have been certified by the
executive of the State, under the seal
thereof, shall be counted.

Mr. MANSFIELD. I thank the Chair.

EXECUTIVE COMMUNICATIONS. ETC.

The VICE PRESIDENT laid before the
Senate the following letters, which were
referred as indicated:
Rkpurts on RrAPPomnoNMiNT of AppmopiUA-

TIOK8

A letter from the Director, Bxireau of the
Budget. Executive Office of the President, re-
porting, pursuant to law. that the appro-
priation to the Treasury Department for
"Salaries and expenses. Division of Disburse-
ment." for the fiscal year 1961. had been re-
apportioned Indicating a need for a supple-
mental estimate of appropriation for In-
creased pay costs; to the Committee on Ap-
propriations.

A letter from the Acting Director. Bureau
of the Budget. Executive Office of the Presi-
dent, reporting, pursuant to law, that the
appropriation to the Department of Health.
Education, and Welfare for "Salaries and
expenses. Bureau of Old -Age and Survlvmv
Insurance." for fiscal year 1001. had been ap-
portioned on a basis Indicating a need for
a supplemental estimate of appropriation;
to the Committee on Appropriations.

Participation in Rbsxkve Components or th«

AUCXD PORCIS

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to provide for more effective participation in
the Reserve components of the Armed Forces,
and for other purposes (with accompanying
papers); to the Committee on Armed Serv-
ices.

■xzifPTioN or Crrtain Contracts Wtth Po«-
KiGN Contractors Prom Rbquircmrnt po«

BXAMINAVON-Or-RXCORDS CLAUSK

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to amend title 10. United States Code, to
exempt certain contracts with foreign con-
tractors from the requirement for an examl-
natlon-of -records clause (with accompany-
ing papers); to the Committee on Armed
Services.

Patmknt or Costs roR Ckrtain U.S. Na-
tionals Beforz Forkion tribunals

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to amend section 10S7 of title 10, United
States Code, to authorize payment of costs
for certain U.S. nationals before foreign
tribunals (with an accompanying paper);
to the Committee on Armed Services.

Alaska Communications Disposal Act

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to authorize the disposal of the Oovernment-
owned long-lines communication facilities In
the State of Alaska, and for other puiposes

(with accompanying papers); to the^ Oom-
mlttee on Armed Services.

RxpoRT ON Plight Pat. Dspartmknt or thr
AirForcs

A letter from the Deputy Director. Legis-
lative Liaison. Department of the Air Force,
transmitting, pursuant to law. a report on
flying pay of that Department, for the period
March 1. 19«0. through August 31. 1960 (with
an accompanying report); to the Committee
on Armed Services.

Report or SECVRmzs and Exchanoc
Commission

A letter from the Chairman. Secvirltles and
Exchange Commission. Washington. D.C..
tnuismlttlng. pursuant to law. a report of
that Commission, for the fiscal year ended
June 30, 1960 (With an accompanying re-
port); to the Committee on Banking and
Currency.

Amendment or District or Columbia
TRAmc Act. 1935
A letter from the President. Board of Com-
missioners. District of Columbia, transmit-
ting a draft of proposed legislation to amend
the District of Columbia Ttafflc Act. 1026. as
amended (with an accompanying paper), to
the Committee on the District of Columbia.

Amendment or Act Relatino to Creation or
A Board roR the Condemnation or Iw-
sanitart Builoinos in thr District or
Columbia

A letter from the President. Board of Con-
missioners. DUtrict of Columbia, transmit-
ting a draft of proposed legislation to amend
the act entitled "An act to create a Board
for the Condemnation of Insanitary Build-
ings In the District of Columbia, and for
other purposes." approved Uay 1. 1906. as
amended (with an accompanying paper): to
the Committee on the District of Columbl%.

Amendment or Act Rklatimo to Rsmovai. ov
Danoerous or UNSArs BuiLOXiras IM ths
District or Columbia

A letter from the President. Board of Cofln-
mUsloners, District of Columbia, trans-
mitting a draft of proposed legUlatlon to
amend the act entitled "An act to authorize
the Commissioners of the DUtrict of Colum-
bia to remove dangerous or unsafe buildings
and parts thereof, and for other purposes."
approved March 1. 1800. as amended (with
an accompanying paper); to the Committee
on the District of Columbia.

Report on Findings Resultino From iMmu.
Review or Ballistic Missile Psooram or
Department or the Am Fobcb

A letter from the Comptroller General o<

the United States, transmitting, pursxiant to
law. a secret report on findings resulting
from initial review of the ballistic mlssUe
programs of the Depcui,ment of the Air ^oroe
(with an accompanying report) ; to the Com-
mittee on Qovernment Operations.

Reservation bt Dbpartmsmt or rm Abmt
or Certain Lands at Fort Ricbarimon.
Alaska

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to reserve for \iae by the Department of the
Army at Fort Richardson, Alaska, certain
public lands In the CampbeU Creek Area.
and for other purposes (with an accompany-
ing paper); to the Committee on Interior
and Insular Affairs.

Amendment or Act Ebtablishinc Spscul Re-
quirements OovERNiNe Selection or 8u-
perintendbntb or National Cbmetbbies

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to amend the act of March 24, 1046, which
establishes special requirements governing
the selection of superlntendento of national

cemeteries (wlUi an accompanying paper):
to the ConmUttee on Interior and Insular
Affairs.

WrrHDRAWAL From Public Domaot or CBTAiif
Lands or Bis Dklta Area, Alasska

A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to provide for th<- withdrawal from the pub-
lic domain of certain lands In the Big Delta
Area. Alaska, for continued use by the De-
partment of the Army at Fort Greely. and
for other purposes (with an accompanying
paper); to the Committee on Interior and
Insular Affairs.

WITHDRAWAL Or CERTAIN PUBLIC LANDS IN

ViciNiTT or Fairbanks. Alaska
A letter from the Secretary of the Army,
transmitting a draft of proposed leglslaUon
to provide for the withdrawal of certain
public lands 40 miles east of Fairbanks,
Alaska for use by the Department of the
Army as a Nike range (with an accompany-
ing paper): to the Committee on Interior
and ttMaiiar Affairs.

WrrHDBAWAL From Public Domain or €«-
TAIN Lands in Orantte Creek Area,
Alaska

A letter from the Secretary of the Army,
transmitting a draft of proposed legisla-
tion to provide for the withdrawal from the
pubUc domain of certain lands In the Granite
Creek Area. Alaska, f» \ise by the Depart-
ment of the Aj-my at Fort Greely. Alaska,
and for other purposes (with an accompany-
ing paper); to the Committee on Interim
and Insular Affairs.

WITHDRAWAL From Public Domain or Ceb-
TAiN Lands in Laoo-Kielson Area, Alaska
A letter from the Secretary of the Army,
transmitting a draft of proposed legislation
to provide for the withdrawal from the pub-
lic domain of certain lands In the Ladd-

Klelson Area. Alaska, for use by the Depart-
ment of the Army as the Yukon Command
Training Site. Alaska, and for other pur-
poses (with an accompanying paper) ; to the
Committee on Interior and Insular Affairs.
Betension or Time for Oxttdoor Rbcbkation
Rebourcbs Rkview Commission To Submit
FiMAL Report

A letter from the Chairman. Outdoor Rec-
reation Reso\irces Review Commission,
Washington. D.C.. transmitting a draft of
proposed legislation to extend the time In
which the Outdoor Recreation Resources
Review Commission shall submit Ita final
report (with an accompanying paper); to
the Committee on Interior and Insular
Affairs.

Report or Po«tmaster Genxsal
A letter from the Postmaster General,
transmitting, pursuant to law. a report of
that Department, for the fiscal year ended
June 80, lOeo (with an accompanying re-
port); to the Committee on Post OOce and
ClvU Service.

Report Entitled "Maximum Desirable Di-
mensions AND Wbiobts or Vehicles Op-
bbatb> on THE FbhoulL-Axd System "
A letter from the Secretary of Commerce,
transmitting, pursuant to law. a report en-
titled "Maximum Desirable Dimensions and
Welghte of Vehicles Operated on the Pederal-
Ald System." dated January 1961 (with an
accompanying report); to the Committee on
Public Works.

Mfm»»»»i¥tp on District or Columbu

Redevelopment Land Aoenct
The Vice President, as In executive ses-
sion, laid before the Senate two letters from
the Board of Commissioners of the District
of Columbia, transmitting, purstiant to law.
the nomination of Neville Miller, to flU the
unexpired term trf James E. (3olliflower, as
a member of the Board of the District d

Columbia Redevelopment Land Agency,
whose term expires March 8, 1061. and the
nomination of NevlUe Miller to succeed him-
self as a member of that agency, for a term
of 6 years, effective on and after March 4.
1961; which were referred to the Commit-
tee on the District of Columbia.

PETITION

Mr. KEATING. Mr. President, the
recent election served to center atten-
tion on many of the obstacles which still
exist to the full exercise of the franchise
by all qualified Americans.

I have been giving considerable study
to a number of these problems and have
in preparation several proposals for im-
proving the present situation. These
will relate to such matters as voting on
more than one day, the encouragement
of uniform local residence law.s. and the
reform or abolition of the electoral col-
lege system.

Judging from the many articles and
editorials, and other commentaries
which I have been reading, there does
appear to be very widespread dissatis-
faction with many of our present elec-
tion laws. This is. of course, a very vital
area of our democratic process and we
must proceed with great caution in de-
vising improvements. But I have no
doubt In my mind that there is a neces-
sity for improvement, and I believe that
this period immediately following the
election and long prior to the next presi-
dential election offers a particularly pro-
pitious opportunity for objective consid-
eration of the situation.

I have been very much encouraged by
a number of letters I have received wi
this subject. One such letter I received
recently from the eigth grade citizenship
education class at Washington Junior
High School in Jamestown. N.Y., relat-
ing to the electoral college, contained
a petition to the Congress of the United
States which I would like to bring to
the attention of all my colleagues. I
therefore ask unanimous consent that
this petition be printed at this point in
the Record and appropriately referred.
There being no objection, the petition
was referred to the Committee on the
Judiciary, as follows:

Petition to the Conqress or the
United States
We. the imderslgned, studente of Washing-
ton Junior High School in the city of James-
town, county of Chauteuqua, and Stete of
New York, do respectfully petition the Con-
gress of the United States to propose an
amendment to the Constitution of the
United States to provide that the electors
from each of the respective States for the
election of the President and of the Vice
President shall not be permitted to vote by
the so-called unit rule for the candidate re-
ceiving the greatest popular vote in each
such State in the presidential election but
rather shall be obligated to cast their votes
for each of the various candidates for such
offices proportionate to the popular vote In
such election In each such State, with the
voting f<»' the offices of the President and of
the Vice President to be by the same baUOt.

BILLS AND JOINT RESOLUTIONS

INTRODUCED
Bills and Joint resolutions were intro-
duced, read the first time, and, by unani-

mous consent, the second time, and
referred as follows :

By Mr. FONG:
S. 180. A bill to authorize the appropria-
tion of 8200.000 for use toward the construc-
tion of a U.S.S. Arizona Memorial at Pearl
Harbor; to the Conamlttee on Armed Services.
By Mr. FONO (for himself and Mr.
LoNO of Hawaii) :
8.181. A bill to amend the Bankhead-
Jones Farm Tenant Act. as amended, and
title V of the Housing Act of 1040. as
amended, so as to authorise the Secretary
of AgrlctUture to make financial asslBtauoe
available under such acte to persons holding
leasehold Interests In lands In the State of
Hawaii, and for other purposes: to the Com-
mittee on Agriculture and Forestry.
By Mr. BEALL:
S. 182. A bill to authorise the Administra-
tor of General Services to make grants In
cash and land to the Convalescent Hospital
of Washington, D.C., Inc., for the purpose
of enabling the corporation to establish a
convalescent and chronic disease hospital In
the District of (Columbia; to the Committee
on the District of Columbia.

S. 183. A bill for the reU^ of MihaU
Zanakls; and

S. 184. A bUl for the relief of Georgette D.
Caskle; to the Committee on the Judiciary.
By Mr. BUSH:
S. 186. A bill for the relief of Alberto L.
Rodrlques; and

S. 186. A bin for the relief of Dr. WlUlam
Kuo-Wel»^hen; to the Committee on the
Judiciary.

By Mr. YARBOROUGH:
S. 187. A bill to authorize the erection of a
U.S. Veterans' Administration hospital In the
State of Texas; to the Committee on Labor
and Public Welfare.

(See the remarks of Mr. Yarbobouoh when
he introduced the above bUl. which appear
under a separate heading.)
By Mr. JOHNSTON:
S. 188. A bUl to grant clvU service em-
ployees retirement after 30 years* service;
and

S. 189. A WU to Increase the equipment
maintenance allowance for rxiral carriers;
to the Committee on Post Office and Civil

Service.

By Mr. KEFAUVER:
S. 190. A bUl for the relief of Auva Con-
stance Lewis; and

S. 191. A bUl for the reUef of Sue Lee
Kam; to the Committee on the Judiciary.

By Mr. WILLIAMS cA Delaware (for
himself and Mr. Bocos) :
S. 192. A bill to provide for the establish-
ment of a poultry research laboratory In the
State of Delaware: to the Committee on Agri-
culture and Forestry.

(See the remarks of Mr. Williams of Dela-
ware when he Introduced the above bill,
which appear imder a separate heading.)
By Bfr. MORSE:
S. 193. A blU for the reUef of Rev. Patrick
Floyd; and

8. 194. A bill fOT the relief of Wong Bak
Yen; to the Committee on the Judiciary.

By Mr. MORSE (for himself. Mrs. Neu-
besgee, and Mr. Bartlett) :
S. 196. A blU to amend the Bnployment
Act of 1946 to establish policies with respect
to productive capital investmenta of the Gov-
ernment: to the Committee on Government
Operations.

(See the remarks of Mr. Morse when he
Introduced the above bill, which appear
under a separate heading.)
By Mr. CARLSCW:
8. 196. A bm to make the treatment imder
the Internal Revenue Code of 1964 of certain
foundations, all of which are closely asso-
ciated with State colleges and universities
and which act as Intermediary reclplenta and
adminlstratOTS of gifts for the exclusive use

:i f- -"•|

262

CONGRESSIONAL RECORD — SENATE

Janvxiry 6

1961

CONGRESSIONAL RECORD — SENATE

263

i

I

a.

or benefit of thOBe colleges and unlTerritte*
with their consent, Identical with that of
those InBtltutlone; to the Committee on Fi-
nance. ^ .

(See the remarks of Mr. Cakuom when he
Introduced the above bill, which appear
under a separate heading.)

By Mr. MANSnELD (for Mr. Ha«tkx) :
S. 197. A bill to encourage the establish-
ment of volxmtary pension plans by self-
employed Individuals; to the Committee on
Finance.

(See the remarks of Mr. Mansfiilb when
he Introduced the above bill, which appear
under a separate heading.)

S. 198. A bUl to authorize the Secretary
Of the Army to convey certain land located
In the State of Indiana to Clark County.
Ind.; to the Committee on Armed Services.
(See the remarks of Mr. Haktkk when he
Introduced the above bill, which appear
under a separate heading.)
By Mr. ANDERSON:
S. 199. A bin to amend the act of August
6. 1956 (70 Stat. 1057), with respect to con-
veyances of Federal property to Indian
tribes;

8. aOO. A bill to amend the act entitled
"An Act relative to employment for certain
ftdult Indians on or necu: Indian reserva-
tions." approved August 3, 1956; and

S. 201. A bill to donate to the Zunl Tribe
approximately 610 acres of federally owned
land; to the Committee on Interior and Insu-
lar Affairs.

By Mr. KEATING :
S. 202. A bill to amend title 28, entitled
"Judiciary and Judicial Procedure." of the
United States Code to provide for the defense
of sxUts against Federal employees arising
out of their operation of motor vehicles in
the scope of their employment, and for other
purposes: to the Committee on the Judi-
ciary.

(See the remarks of Mr. Kxating when he
introduced the above bill, which appear
under a separate heading.)

By Mr. CHAVKZ {tot himself and Mr.
Anderson) :
8.203. A bill to declare that the United
States holds In trtist for the Pueblos of Santa
Ana, Zla, Jemez, San Felipe, Santo Domingo,
Cochltl, Isleta, and San Ildefonso certain
public domain lands: to the Committee on
Interior and InsxUar Affairs.
By Mr. MAGNUSON :
8. 204. A bill to provide that section 815(a)
of the Communications Act of 1934 shall not
apply to candidates for the offices of Presi-
dent and Vice President of the United States;
to the Committee on Interstate and Foreign
Commerce.

(See the remarks of Mr. Macitusom when
he Introduced the above bill, which appear
under a separate heading.)

By Mr. MAGNUSON (for himself and
Mr. ScHorppcL) :

8. 205. A bill to expedite the utilization of
television transmission facilities In our pub-
lic schools and colleges, and In adult train-
ing programs; to the Conunlttee on Inter-
state and Foreign Commerce.

(See the remarks of Mr. Magnttson when
he Introduced the above bill, which appear
under a separate heading.)
By Mr. SCOTT:

8.206. A bill to give proper recognition
to the distinguished service of MaJ. Oen.
Howard McCrum Snyder; to the Committee
on Armed Services.

By Mr. McOEX (for himself and Mr.
Hicket) :

8.207. A blU for the relief of Jean Ooe-
dlcke; to the Committee on the Judiciary.

By Mr. BBNNSTT (for himself and
Mr. Moss) :

8.208. A bUl for the relief of the Smith
Canning Co.; to the Committee on the Judi-
ciary.

ByMr. ALIX3TT:
8. 209. A bin to conserve and develop cer-
tain seashores of the United States for the

public use and benefit, and for other pur-
poses; to the Committee on Interior and In-
sular Affairs.

By Mr. ALLOTT (for himself and Mr.
BBTWrrr) :
8. 910. A bill to establish a naUonal min-
ing and minerals policy; to the Oommlttee
on Interior and Insular Affairs.

By Mr. HRUSKA (for himself, Mr.
CtTXTis, Mr. AixoTT, and Mr. Cask of
South Dakota) :
S. 211. A bill to affirm and recognize the
water laws of the States lying wholly or
partly west of the 08th meridian; to the
Conunlttee on Interior and Insular Affairs.
(See the remarks of Mr. Hsuska when he
Introduced the above bill, which appear un-
der a separate heading.)

By Mr. HUMPHREY (for himself. Mr.
McCastht. Mr. Psoxicnix. and Mr.

WiLET) :

S. 212. A bill to amend the Public Health
Service Act to protect the public from un-
sanitary milk and milk products shipped In
Idterstate commerce, without unduly bur-
dening such commerce; to the Committee on
Labor and Public Welfare.

(See the remarks of Mr. HUMPHnEX when
he Introduced the above bill, which appear
under a separate heading.)
By Mr. SYMINGTON:

S. 213. A bill to provide for the computa-
tion of basic pay of Lt. Gen. Joseph F. Car-
roll, U.S. Air Force; to the Committee on
Armed Services.

S. 214. A bill to amend the Internal Rev-
enue Code of 1954; to the Committee on Fi-
nance.

S. 215. A blU for the relief of Bnnls Craft
McLaren:

S. 216. A bill for the reUef of SFC William
H. Riester, Jr.;

3.217. A blU for the reUef of Alessandro
Gellhorn;

S. 218. A bUl for the relief of Christine
Fahrenbruch. a minor;

S. 219. A bill for the relief of Dr. NobuUka
Azuma; and

S. 220. A bill for the relief of Mike H. Kos-
telac; to the Committee on the Judiciary.
By Mr. WILEY:

S. 221. A biU for the relief of Dr. Oojko
D. Sttila;

a 222. A bill for the relief of Meher K.
Kanga and Kersasp H. Kanga;

S. 223. A bin for the relief of Onofrlo
D'Amato;

S. 224. A bin for the relief of Antonio
Sanchez Morlllo; and

S. 22S. A bUl for the relief of Dr. Chlen
Chen Chi; to the Committee on the Judi-
ciary. ^.;- *~. .
By Mr. MAGNUSON:

S.J. Res. 21. Joint resolution to authorize
the Secretary of Commerce to sell 10 Liberty-
type merchant vessels to cltlaens of the
United States for conversion Into barges; to
the Committee on Interstate and Foreign
Conunerce.

ByMr.KKATINO:

S.J. Res. 22. Joint resolution designating
February of each year as American History
Month: to the Committee on the Judiciary.

(See the remarks of Mr. Kxating when he
introduced the above joint resolution, which
appear under a separate heading.)

CX5NCURRENT RESOLUTION

DEVELOPMENT OP INTERNATIONAL
EDUCATIONAL PROGRAMS

Mr. McOEE submitted the following
concurrent resolution (8. Con. Res. 3) ;
which was rt/erred to the Committee on
Foreign Relations:

8. Com. Rss. S
Whereas the United States has benefited
greatly from the exchange of students be-
tween our own country and other countries

through the Fulbrlght Acts and Bmlth-
Mundt Acts; and

Whereas the other nations of the world
have In recent years experienced remarkable
growth In the number of persons trained
through the operations of these and similar
programs; and

Whereas Increasing the level of education
of the peoples of the world Is the most pro-
ductive Investment that the nations of the
world can make for the well-being of all
mankind: and

Whereas programs of International coop-
eration In education enhance International
understanding and thereby promote the
cause of peace: and

Whereas many nations or regions of the
world not now possessing sufficient sduca-
tiCHial faclUties. such as necessary schools.
imlversiUes. colleges, and technical Institutes
sr« ready to establish, expand and Improve
such facilities: Now. therefore. b« It

Reitolved by the House of RepresentativeM
{the Senate cottcurring) . That the Congress
of the United States hereby expresses lU
interest In encouraging the development of
International programs for the expansion
and Improvement of education at aU levels.
Including provisions for teachers colleges,
technical Institutes, as well as other neces-
sary schools, colleges, and universities, na-
tional or regional in scope; and be It further

Resolved. That the Congress hereby recom-
mends that the United States Government
encourage the organizations of the United
Nations system to develop programs for In-
creased International cooperation In ths field
of education that would best serve the needs
of the several member countries, as well as
the cause of world peace and Intematlonsl
economic and social development; and be It
further

Resolved. That the Congress hereby ex-
presses iU willingness to accept a reasonatle
share of the cost of bringing into operation
certain aspects of such programs through the
use of foreign ciurendes available for these
iises. or otherwise as may prove suitable and
desirable.

RESOLUTIONS

AUTHORIZATION FOR COMMITTEE
ON GOVERNMENT OPERATIONS
TO MAKE CERTAIN STUDIES REL-
ATIVE TO ECONOMIC OPERA-
TIONS OP GOVERNMENT

Mr. JACKSON submitted the following
resolution (S. Res. 20) ; which was re-
ferred to the Committee on Government
Operations:

8. Res. 20

Resolved. That in holding hearings, re-
porting such hearings, and making investi-
gations as authorized by section 134(a) and
186 of the Legislative Reorganization Act of
1946, as amended, and in accordance with
its Jurisdiction under rule XXV of the
Standing Rules of the Senate, the Oommlt-
tee on Government Operations, or any sub-
committee thereof, is authorized, from Feb-
ruary 1, 1061, to January SI. 1963. Inclusive,
to make studies as to the efficiency and
economy of operations of all branches of the
Government with particular reference to:

(1) the effectiveness of the present or-
ganizational structures and operational
methods of agencies and Instrumentalities
of the Federal Oovemment at all levels in
the formulation, coordination, and execu-
tion of an integrated national policy for the
solution of the problems of survlvml with
which the free world is confronted tn the
contest with world communism;

(2) the capacity of such structures and
methods to utilize with maximum effective-

ness the skills, talents, and resources of the
Nation In the solution of those problems;

and

(3) development of whatever legislative
and other proposals or means may be re-
quired whereby such structures and methods
can be reorganised or otherwise Improved to
be more effective In formulating, ooordl-
natlng, and executing an Integrated national
policy, and to make more effective use of
the sxistalned. creative thinking of our ablest
citizens for the solution of the f\ill range
of problems facing the free world in the
contest with world oonununlsm.
N Sac. 3. For the purposes of this resolution,
the conunlttee. from February 1. 1961. to
January 31, 1962, Inclusive, is authorized:

( 1 ) to make such expenditures as it deems
advisable;

(2) to employ upon a temporary basis and
fix the compensation of technical, clerical,
and other assistants and consultants: Pro-
vided. That the minority of the committee Is
authorized at Its discretion to select one
such person for appointment, and the i>er8on
so selected shall be appointed and shall re-
ceive compensation at an annual gross rate
not less by more than $1,400 than the highest
gross rate paid to any other employee; and

(3) with the prior consent of the head o*
the department or agency concerned, and
the Conunlttee on Rules and Administration,
to utilise on a reimbursable basis the serv-
ices. Information, facilities, and personnel
of any department or agency of the Oovem-
ment.

etac. S. The committee shall report its find-
ings, together with Its rec<Mnmendatlons for
legislation as it deems advisable, to the
Senate at the earliest practicable date, but
not later than January 81, 1962.

Sac. 4. Expenses of the committee under
this resolution, which shall not exceed
$78,000, shall be paid from the contingent
fund of the Senate upon vouchers approved
by the chairman of the conunlttee.

January 81, 1903. Inclusive, is authorized to
(1) make such expenditures as It deems
advisable; (2) to employ upon a tempcH-ary
basis, technical, clerical, and other assist-
ants and consultants: Provided, Tbat the
minority is authcnlsed to select one person
for appointment, and the person so selected
shaU be appointed and his compensation
shall be so fixed that his groes rate shall not
be less by more than $1,200 than the highest
gross rate paid to any other employee; and
(8) with the prior consent of the heads of
the departments or agencies concerned, and
the Committee on Rules and Administra-
tion, to utUlze the reimbursable services, In-
formation, faclUtlee. and personnel of any
of the departments or agencies of the Gov-
ernment.

8sc. 3. The committee shall report Its find-
ings, together with Its recommendations for
legislation as It deems advisable, to the Sen-
ate at the earnest practicable date, but not
later than January 81, 1062.

Sac. 4. Bzpenses of the conunlttee, under
this resolution, which shall not exceed
$65,000, shall be paid from the contingent
fund of the Senate upon vouchers approved
by the chairman of the conunlttee.

AUTHORIZATION FOR COMMITTEE
ON POST OFFICE AND CIVIL SERV-
ICE TO INVESTIGATE POSTAL
SERVICE. UPE INSURANCE AND
HEALTH BENEFITS. AND CAREER
SERVICE EMPLOYEES

Mr. JOHNSTON submitted the follow-
ing resolution (8. Res. 21); which was
referred to the Committee on Post Office
and Civil Service:

8. Rss. 21

Resolved, That the Committee on Post Of-
fice and ClvU Service, or any duly authorized
subcommittee thereof. Is authorized under
sections 134(a) and 136 of the Legislative Re-
organization Act of 1946, as amended, and In
accordance with Its Jurisdictions specified by
rule X3CV of the Standing Rules of the Sen-
ate, to make a complete study of any and all
matters p>ertalnlng to —

(1) The postal service, particularly with
respect to (a) the complete reorganization
of the entire postal rate structure, (b) the
estebllshment of better service to the pub-
lic, and (c) the operation of the postal
establishment with greater efficiency and
economy:

(2) The operation oC the Federal em-
ployees' group life Insurance and health
benefits program to establish their effective-
ness and determine the extent of their finan-
cial stability; and

(3) The establishment of guidelines to fix
boundaries for keeping positions In the career
service and for identlfybig those which clear-
ly should be filled without regard to dvll
service procedures.

Sac. 3. Pot the ptuposee of thU resolution
the committee, from February 1. 19«l. *>

TEMPORARY ADDITIONAL CLERICAL
ASSISTANT FOR COMMITTEE ON
POST OFFTCE AND CIVIL SERVICE
Mr. JOHNSTON submitted the follow-
ing resolution (S. Res. 22) ; which was
referred to the Committee on Post OflQce
and Civil Service:

Resolved, That the Committee on Post
Office and ClvU Service is authorized, from
February 1, 1961, through January 31, 1963,
to employ one additional clerical assistant
to be paid from the contingent fund of the
Senate at rates of compensation to be fixed
by the chairman In accordance with the pro-
visions of Public Law 4, 80th Congress, ap-
proved February 19. 1947, as amended.

DEATH OP LATE REPRESENTATIVE
EDITH NOURSE ROGERS, OF MAS-
SACHUSETTS

Mr. SALTONSTALL submitted a reso-
lution (S. Res. 23) relating to the death
of Hon. Edith Nourse Rogers, late a Rep-
resentative frwn the State of Massachu-
setts, which was considered and agreed
to.

(See the above resolution printed in
full when submitted by Mr. Saltonstall,
which appears under a separate head-
ing.)

A U.S. VETERANS' ADMINISTRATION
HOSPITAL IN SOUTH TEXAS

Mr. YARBOROUGH. Mr. President, I
introduce, for appropriate reference, a
bill to authorize the erection of a U.S.
Veterans* Administration hospital in
south Texas.

The veterans to be served are among
the 1,500,000 residents of a 40-county
area covering over 40,000 square miles.
Most of the territory is in the 14th and
15th Congressional Districts south of San
Antonio. Tills area now has no Veterans'
Administration hospital. It includes 3
of the 11 most populous coimties in our
State. It is in the area of the lower Rio
Grande Valley, with extensive irrigation,
citrus farms, and inhabited by many peo-
ple, including elderly pec^le. who enjoy
living in that salubrious climate. The

populati(m of the area is one of the most
rapidly expanding in the State.

This vast area where this hospital Is
needed is 20 times larger than the entire
State of Rhode Island, and is bigger than
a half dozen other States in the Union.
In all this area there is not a single vet-
erans' hospital, which means that some
veterans have to travel more than 400
miles to receive medical attention.

There have been cases where veterans
died traveling from this area to Veter-
ans' Administration hospitals. There
have been many cases where veterans
have been denied hospitalization bene-
fits because they were unable to make
the long trip to the nearest facility.

In this area the climate is much
warmer than other areas of the State,
and there are many complaints from vet-
erans that they do not do as well when
they are taken away to colder areas for
hospitalization.

The bill I am introducing today is S.
457. which I introduced in the 86th Con-
gress. It empK)wers the Administrator
of Veterans' Affairs to acquire by pur-
chase, condemnation, or otherwise, a
suitable site for the hospital and author-
izes erection and operation of a 300-bed
facility.

Construction of the South Texas Vet-
erans Hospital has been repeatedly urged
by the South Texas Veterans Alliance,
an organization representing all veterans
groups in the 14th and 15th Congres-
sional Districts.

While location of the hospital will be
decided by normal administrative pro-
cedure, it is important to note that a very
kind lady has offered to donate property
for a veterans hospital site, a beautiful
lakeside site of over 140 acres worth
over a half million dollars, if the hospital
is created and erected on this site.

Mr. President, I ask unanimous con-
sent that the bill providing for the con-
struction of a Veterans' Administration
hospital in south Texas be printed in the
body of the Record.

The PRESIDINO OFFICER (Mr. Mil-
ler in the chair) . The bill will be re-
ceived and appropriately referred; and.
without objection, the bill is ordered
to be printed in the Record.

The bill (S. 187) to authorize tlie erec-
tion of a U.S. Veterans' Administration
hospital In the State of Texas, intro-
duced by Mr. Yaeborouch, was received,
read twice by its title, referred to the
Committee on Labor and Public Welfare,
and ordered to be printed in the Recori^
as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That, in or-
der to provide for the furnishing of general
medical and surgical faculties to veterans en-
titled to hospitalization or domiciliary care,
the Administrator of Veterans' Affairs Is au-
thorized and directed to acquire by purchase,
condemnation, or otherwise, a suitable site in
south Texas, and to contract for the erection
thereon of a hospital with a capacity of three
hundred beds, together with the necessary
auxiliary structures, mechanical equipment,
domiciliary and outpatient dispensary facili-
ties, and acconunodatlons for all personnel;
and the Administrator Is authorized and di-
rected to acquire the necessary vehicles, fm^-
nlture. equipment, and accessories to be used
m the maintenance and operaUon of such

«4

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264

CONGRESSIONAL RECORD — SENATE

Jamiary 6

hoaplUl. The AdmlnlMtrator is autlu)rlBed
to accept gifts or donstloos to sssUt In de-
frsylng the costs of constructing and equip-
ping such hospital.

8«c. 2. In order to carry out the provisions
of this Act, there is hereby authorized to tf
appropriated, out of any money In the Treas-
viry not otherwise lyjprc^rlated. a sum of
$36,000 per bed.

POULTRY RESEARCH LABORATORY,
DELAWARE

Mr. WIIjLIAMS of Delaware. Mr.
President. I introduce today, on behalf
of the Junior Senator from Delaware
[Mr. BoGGSl and myself, a bill, the pur-
pose erf which is to establish a disease
and nutritional research center for the
Delmarva Peninsula to be located in or
adjacent to the substation farm of the
University of Delaware, near George-
town. DeL

The poultry industry is the most im-
portsuit agricultural enterprise in Dela-
ware and the Delmarva Peninsula.

Tlie largest portion of the industry is
broiler production, with its associated
feed, hatchery, and transportation in-
dustries.

In Delaware alone, between 65 and 95
million broilers have been produced an-
nually for the past decade, representing
a gross income between $50 and $70 mil-
lion. The Delmarva area produced 180
million broilers In 1957. with a feed bill
of $67 million, a payroll of $45 million,
and other costs on a comparable scale.

Despite great strides in efficiency of
production, a major problem in the in-
dustry is that of reducing costs of pro-
duction so that birds can be sold profit-
ably. Such efficiency requires further
improvement in feed conversion ratio,
disease control, feed handling, housing,
mAnagement, and financing.

A recent publication by the Institute
of American Poultry Industries of Chi-
cago, 111., states that the value of poultry
condemned by U.S. inspection service in
1959 was estimated to be $90 million and
about 75 percent of this was because of
air sac infection, one of the diseases that
need further research.

There are many diseases of poultry
prevalent on the Eastern Shore which
are of great importance to the industry.

In addition, there are other problems
which we feel have a direct influence on
the disease incidence in the area, and
which it would seem of paramount im-
portance to investigate simultaneously or
concurrently with the disease aspects, all
of which no doubt adversely affect the
economics of the poultry Industry on the
Eastern Shore. These are nutrition,
genetics, housing, and other manage-
ment practices. It has been shown in
work recently imdertaken that these fac-
tors play a highly significant role in dis-
ease incidence and losses from condem-
nations.

Recognizing that the diseases and
other factors cited may be of great eco-
nomic importance to the Industry on the
Eastern Shore, it is also well to point out
that some phases of research will always
yield data of importance toward a solu-
tion of the problems to the industry
throughout the United States. Conse-

quently, any nteartti data In this are»
would complement that in other areas of
the country.

Since nutrition and management are
also major factors in the production of
broilers, one of the greatest potentials
for gains in economy of production is
probable from research in this are*.

A research laboratory such as the one
proposed in the bill Senator Boggs and
I are introducing for the study of disease
and nutritional problems of poultry will
not, only benefit the Delmarva area, but
will benefit the entire poultry industry.

In introducing this bill, it should be
pointed out that the poultry industry Is
one of the few segments of agriculture
which are not being subsidized by the
U.S. Oovemment.

Government cooperation, however, in a
disease and nutritional research center is
helping these farmers in an area in
which they cannot operate alone.

The PRESIDINa OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 192) to provide for the es-
tablishment of a poultry research lab-
oratory in the State of Delaware, intro-
duced by Mr. Williams of Delaware (for
himself and Mr. Bogcs). was received,
read twice by its title, and referred to the
Committee on Agriculture and Forestry.

CAPITAL BUDGET FOR FEDERAL

GOVERNIAENT

Mr. MORSE. Mr. President, as I have
several times before, I Introduce, for
appropriate reference»ai|pl»Hl to provide
a capital budget for the Federal Govern-
ment. It calls for the submission of
figures as a part of the budget which will
show the division between expenditures
for capital investments and expenditures
for operating expenses. Under its terms,
these figures would not replace any part
of the present budget, but would be an
addition to it.

The measure I am offering is the same
as 8. 1244. which I sponsored last year
with several of my colleagues. Two simi-
lar bills were introduced in the House of
Representatives by my colleagues from
Oregon, the Honorable EDrra Grxxk. of
the Third District, and the Honorable Al
Ullman, of Oregon's Second District.
Hearings were held on these measures on
June 8 last year by the Executive and
Legislative Reorganization Subcommit-
tee of the House Committee on Govern-
ment Operations.

It was brought out at these hearings
that the Eisenhower administration was
opposed to the capital budget, as it has
been since it took office in 1952. It was
also clear that supporters of the capital
budget were prepared to revise the bill in
some respects in an effort to meet some
of the administration's objections.

However, we wIH soon have a new ad-
ministration The platform upon which
it was elected sajrs this about the capital
budget and its relationship to natural
resources:

Long-range programing of the Nation's
resource development Is essential. We favor
creation of a Oouncil of Advisers on Resources

azMl Oonsenratlon, which will evaluate and
report annually upon our resource needs and
progress.

We shall put budgeting for resources on a
businesslike basis, dUtingulshlng between
operating expense and capital Investment, so
that the country can have an accurate pic-
ture of the cost* and returns.

The heart of my bill provides that In
the estimates transmitted to Congren
under section 201 of the Budget and Ac-
counting Act, the President shall dis-
tinguish between operating expenditures
ftnrt capital investments of the Govern-
ment, and further set forth the produc-
tive capital investments, including mort-
gage loans, which have a useful life of 10
years or more.

It further provides that obligations
issued to finance productive capital in-
vestments shall not be considered a part
of the public debt for the purpose of
limitations on the public debt.

Finally, It directs the Council of Eco-
nomic Advisers to include in its recom-
mendations to the President, arul the
President to include in his economic
report, a m'"*"^"*" and maximum pro-
gram of proposed capital investments
for the next fiscal year, and a 6-year
projection of such proposed investments.

It is my hope that the incoming Ken-
nedy administration will give prompt at-
tention to the subject matter of this bill.
Its introduction will serve as a basis for a
report and recommendation by the new
Budget Bureau, and other affected
agencies.

One of the great hopes offered by the
election of Senator Kennedy is the hope
for a revival of the flagging development
of the country's natural resources. But
in such other major areas of public in-
vestment as housing, the Nation is also
awaiting a renewal of interest and effort
by the Federal level of our Government.

A capital budget Is nothing more than
a tool which enables the public to get a
clear picture of those expenditures which
will be recovered. It is a reform recom-
mended by the first Hoover Commission
which remains to be put into effect It
deserves prompt attention by the Con-
gress and by the new administration.

I hope we will soon have either a re-
port on the measure I am now offering,
or a new proposal for a capital budget
from the Kennedy administration.

I send the bill to the desk and ask that
it be printed at this point.

I also ask that it be on the table until
Friday of next week to enable other
Senators who may wish to do so to join
as cosponsors.

I will ask that the bill be allowed to
remain at the desk until Friday of next
week to enable other Senators who may
wish to Join as cosponsors to do so, and
I ask unanimous consent that the state-
ment in explanation of the bill be printed
at this point in the Recokd.

The PRESIDING OFFICER. The bill
will be received and will lie on the desk
as requested ; and. without objection, the
bill will be printed in the Ricord.

The bin (S. 195) to amend the Em-
ployment Act of 1946 to establish policies
with respect to productive capital invest-
ments of the Oovemment, introduced by
Mr. Mom (for hlmseU and other Sena-

1961

CONGRESSIONAL RECORD — SENATE

OCR.
iSOD

tors) , was received, read twice by its title,
referred to the Committee on Govern-
ment Operations, and ordered to be
printed In the Rkcoko. as follows:

Be it enacted by tK4 Senate and MottMe of
Repretentativet of the United State* of
America in Congrest assembled. That ttila
Act may be cited as the "Employment Act
Amendmento of liMl."

DsciJUunoM or pouct

Sac. 2. Section 2 of the Bmpkiyment Act of
194C is amended by Inserting "(a) " after the
section number and by adding thereto the
following subsection :

"(b) To assist in achieving these objec-
tives It Is the further policy of the Federal
Oovemment (I) to distinguish between Its
operating expenditures and capital Invest-
ments, (2) to ezclxide certain productive
capital investments from the public debt,
and (3) to retire the public debt."

puNcnoMS op couNCJi. or ccx>NOific Aovxaow
8bc. S. Ssctlon 4(e) of such Act (relating
to the duties and functions of the Coiuicll of
Economic Advisers) is amended by changing
the di»lgnatlon of paragraph (5) to (6) and
Inserting after paragraph (4) a new para-
graph (5) to read as foUows:

"(5) to evaluate each year the Federal
budgetary situation as related to the pro-
spective gross national product and other
economic indicators and needs, and to recom-
mend, for inclusion In the Economic Report,
a minimum and maximum program of pro-
posed capital Inveetments. including, on a
■egregated basU. productive capital Invest-
ments for the next flecal year, and a six-year
projection of such proposed Investment*;''.

^ CAPrrAL BUDOKT

Sac. 4. (a) Such Act Is further amended by
adding at the end thereof the following new
section:

"8sc. e. (a) In transmitting to Ck>ngress
the estimates called for in section 201 of the
Budget and Accounting Act, 1921, as amend-
ed, the President shall also —

"(1) to the extent and In such detail as
he shall designate by Executive order (and
so far as pracUoable consistent with the
practices of the Internal Revenue Service)
distinguish between operating expenditures
and capital Inveetments of the Oovemment,
and further set forth the prodturtlve ci^tal
Inveetments, including mortgage loans,
which have a useful economic life of more
than ten years and which are revenue pro-
ducing or aelf-llquldatlng In nature;

"(2) advise the Congress as to the prog-
ress made In identifying and computing cap-
ital investments and man particularly such
productive capital Inveetments; and In com-
puting the public debt exclude therefrom an
amount equal to such productive capital In-
vestments;

"(8) advise the Congress as to a mini-
mum and maximum program of proposed
capital Investments. Including, on a segre-
gated basis, productive capital Investments
for the next fiscal year, and a six-year pro-
jection of such proposed Investments: and

"(4) advise the Congress as to the amount
of the public debt as computed in accordance
with this section and of the effect of the
proposed budgetary prograni upon the retire-
ment of the public debt.

"(b) The amount of obligations issued to
finance productive capital Inveetmenta shaU
not be considered a part of the public debt
for the purpose of limitations on the public
debt contained in section 21 of the Second
Liberty Bond Act. as amended."

(b) The amendment made by this section
shall be effective with respect to each budget
transmitted to the Congress pursuant to sec-
tion aoi of the Budget and Accounting Act.
1921. as amended.afta the dateof enactment
of thU Act.

APPUcanoM OP aovnincKNT coapoaATiow

OONTBOL ACT

8ac. B. The provlsicms of the Oovernment
Corporation Control Act, as amended, with
respect to budgeta. reporting, auditing, and
accounting, shall apply to the functions ex-
ercised by any officer or agency of the Oov-
emment proposing the investment of Federal
bond proceeds in productive capital, to the
same extent as applicable to whoUy owned
Oovemment corpcxatlons.

AMENDMENT OP INTERNAL REVE-
NUE ACT OP 1954, RELATING TO
GIFTS TO INSTITUTIONS

Mr. CARLSON. Mr. President. I in-
troduce a bill which would remove an
inequity in the application of section 170
(b) (1) (A) (11) , Internal Revenue Code of
1954, which allows deduction of up to
30 percent of a donor's adjusted gross
income if the extra 10 percent comprises
gifts to educational institutions.

Thirty or more State universities and
land-grant colleges are now blocked,
either wholly or in part, from the bene-
fit of this section. These institutions
are ones which receive and administer
private gifts through separately incor-
porated foundations, either by necessity
or preference.

Schools are defined in the code as
having a faculty and students, granting
degrees, et cetera. Inasmuch as the
endowment association is closely asso-
ciated with the University of Kansas,
and this situation is ttiie in many of our
other similar schools, a specific favor-
able ruling was received from the Bu-
reau of Internal Revenue in 1956, which
permitted contributors to the associa-
tion to take the maximum tax deducti-
bility of 30 percent of adjusted gross in-
come on their gifts.

This year the Bureau of Internal Rev-
enue changed this ruling so that dona-
tions to the endowment associations no
longer qualify for 30-percent deducti-
bility, but only for 20-percent deducti-
bility.

An inequity results because section 170
(b) (1) (A) applies only to gifts made di-
rectly to the specified institutions. Gifts
made to separate foimdations for the ex-
clusive use or benefit of particular edu-
cational institutions do not qualify for
the extra 10-perc«it treatment — ^Reve-
nue Ruling 60-110. March 26. 1960 — even
where the recipient foundations are the
designated gift-receiving agencies of the
affected universities.

There are 44 or more such gift-inter-
mediary foundations associated with
State universities and land-grant col-
leges. Each such foundation serves one
particular university and is controUed by
its parent Institution in practice, al-
though not in law.

At least 14 universities in 9 States
cannot receive or administer private
gifts without the services of such gift-
intermediary foundations. In these
cases, some element in State law pre-
vents the corporate university from re-
ceiving or administering private gifts as
q;>ecifled by donors. In most eases, how-
ever, such foundations exist at the pref-
erence or for the amvenlence of their
parent universities rather thtm by abso-
lute necessity.

In order to preserve the original in-
tent of section 170(b)(1) (A) (ii). it is
proposed that amendment be made to
section 503(b)(2) — ^whlch defines the
educational institutions which may
benefit from the extra 10-percent rule —
to provide for gift-intermediary founda-
tions of the t5T>e here described.

I realize that tax legislation must
originate in the House of Representa-
tives, and I sincerely hope that, once
legislation of this type is approved by the
House, we may get early action in the
Senate.

Action on the proposed amendment Is
so urgent that I expect to offer it as an
amendment to the first bill dealing with
tax legislation that comes before the
Finance Committee from the House of
Representatives.

Mr. President. I ask unanimous con-
sent that the bill, together with a gen-
eral statement of reasons favoring the
proposal, be made a part of these re-
maiics.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
and statement will be printed in the

RXCORD.

The bill (S. 196) to make the treat-
ment under the Internal Revenue Code
of 1954 of certain foundations, all of
which are closely associated with State
colleges and imlversities and which act
as intermediary recipients and admin-
istrators of gifts for the exclusive use or
benefit of those colleges and imlversities
with the consent, identical with that of
those institutlcms, introduced by Mr.
Caklson, was received, read twice by its
title, referred to the Committee on Pi-
nance, and ordered to be printed in the
Recokd. as follows :

Be it enacted by the Senate and Hotue
of Representatives of the United States of
Am.erica in Congress assembled. That section
503(b)(2) of the Internal Revenue Code of
1964 (relating to the definition of educa-
tional organizations) Is amended by Insert-
ing "Either — (A)~ at the beginning of the
paragraph, by Inserting "or" at the end of
the p«u-agraph, and by Inserting after the
pcuagriHsh the following new subparagraph:

"(B) an organization operated substan-
tially to receive and hold. Invest, administer
or expend property, less expenses, exclusively
for the use or benefit of a particular educa-
tional organization of the type described In
subparagraph (A) of this paragraph and In
section 511(a) (2) (B) (relating to State col-
leges and universities), except that no or-
ganization may qualify under this subpara-
graph If It disburses funds in a manner un-
acceptable to the said educational organlaa-
ticm."

The statement presented by Mr. Carl-
son is as follows :
Okmxsai. Statxmkht op RsASOira Favoxino

Tax PXOPOSAI.

The attached amendment to section 503
(b) (2) of the Internal Revenue Code of 1954
Is proposed on behalf of a niunber of Stata
imlversities and land-grant colleges which
have separate fotindatlons acting as their
designated agenta for receiving and admin-
istering endowment fiinds and other gifts.
The present wording of section 170(b)(1)
(A) (11) of the code has made It Impoesible
for soma of these iinlversltles to benefit from
the extra 10-percent deduction rule wtdch
Congress meant they stiould enjoy. This

f

266

CONGRESSIONAL RECORD — SENATE

January 6

^1

HI

4i V

fonendment Is thus proposed to remove an
imlntended Inequity.

In enacting the extra 10-percent provision,
Congress Intended this special benefit spe-
clflcaliy for colleges and universities,
churches and associations of churches, and
hospitals, and these alone. It did not wish
to Include quasi -educational organizations
which might be charitable, wholly worthy
and exempt, but are not actually schools. It
meant specifically to exclude charitable
foundations not directly associated with par-
ticular colleges and universities, even though
all the beneficences of such a foundation
might be for educational purposes. Section
170(b) (1) (A) (11) was therefore written nar-
rowly, applying only to gifts made directly
to colleges and universities — not, as usually
provided with respect to gift deductibility
elsewhere in the code, gifts made for the use
of such institutions. (For further discussion
of the congressional intent, see appendix D.)

Congress did not realize that there are
some State universities and land-grant col-
leges wbicb rarely if ever receive gifts di-
rectly. Some of these institutions are legally
prohibited from receiving gifts— gifts meant
for them must go to the State, for instance,
which is not thereby obligated to use the
funds so received for the vmiversity — but
most of them prefer to receive private sup-
port through intermediary foundations
rather than being obligated to do so. The
exact reasons for tbls practice vary from
State to State, but typically Include such
factors as administrative simplicity, removal
from any possible political involvement, and
investment flexibility.

Where a State university or land-grant
college has such an Intermediary foundation
which handles gift funds on Its behalf, that
Institution is now either denied outright the
benefit of section 170(b) (l) (A) (11), or able
to enjoy it only by altering its preferred pro-
cedures. The Internal Revenue Service has,
in Revenue Ruling 60-110 (Mar. 28, 1960).
denied the extra 10-percent privilege to uni-
versity foundations of this type, since legally
such foundations are separate corporations.
Gifts to them are thus not legally gifts to a
university, even though, in fact, they are.

These intermediary foundations are in-
tegral, essential parts of their universities in
all practical respects. They perform a group
erf functions which are handled through reg-
ular administrative offices at other colleges
and universities. They receive gifts, both for
current use and for endowment; enter into
contracts, and receive funds as tnistees;
manage properties and Investments; acquire
campus land and erect university buildings;
and administer student loan programs,
scholarships, and faculty projects. One such
foundation is in the unusual position of
being the legal owner of much of its xmi-
verslty's campus land and buildings. In
general these foundations do a variety of
things which are normal, accepted functions
of colleges and universities. They merely do
them through separate corporations rather
than through the university corporation.

There are many historical, legal, and
operating links between these foundations
and their parent institutions. Most such
foundations were set up at the instigation of
university presidents or chancellors. Uni-
versity presidents or their representatives are
commonly included on the boards and execu-
tive committees of the foundations. In prac-
tice, although not generally as a legal re-
quirement, the foundations disburse funds
only as specifically desired by the university
administration. Alumni of the institution
predominate on the board of such a founda-
tion. Bach of the foundations serves one
particular tax-supported college or univer-
sity.

To illustrate these points specifically, at-
tached as appendixes A, B, and C are de-
tailed descriptions, respectively, of the Kan-

sas University Endowment Association, the
University of Nebraska Foundation, and the
University of Oklahoma Foundation, Inc.
These three examples, chosen from the same
p>art of the country to minimize any question
of regional differences, iUustrate the func-
tions and diversity of such organizations.

There are known to be at least 44, but
probably fewer than 100, such foundations in
the United States. Of these, the founda-
tions of at least 14 institutions In 8 States
(Iowa, Kansas, New York, Oregon, South
Dakota, Utah. Virginia. West Virginia, and
Wisconsin) are especially affected because of
some specific legal impediment concerning
the receipt, investment, or admlnlstratlor.
of gift funds by the corporate universities
supported by those States.

The actual effect of the present Inequity
has varied widely from university to »ini-
verslty. The problem Is most Important to
those foundations now doing the best Jobs
of attracting private support for their uni-
versities, since the extra 10 percent deducti-
bility factor has practical meaning only to
the prospective donor of an exceptionally
large gift. Such donors come moat often to
the alert fund raising officers who find them.
Some foundations have never had prospec-
tive donors whose gifts were of such size that
the extra 10 percent had a practical effect.
For those who have had prospective large
gifts lost or delayed by the present inequity,
however, the situation has been especially
painful because it adversely affects the most
important gifts — the biggest ones.

It is proposed by the attached amendment
to remove this inequity by specifically qual-
ifying gift-intermediary foundations closely
associated with publicly supported colleges
and universities, where the disbursements
made by the foundations have university
approval.

Amendment Is proposed to section 503(b)
(2), the paragraph which defines the educa-
tional organisations which may benefit from
section 170(b) (1) (A) (11), rather han to the
latter section because this seems a more
workable way of preserving the original in-
tent of secUon 170(b)(1)(A). Amending
the latter could weaken the Intended general
distinction between gifts "to" and gifts "for
the Use of" educational Institutions. This
distinction should, we believe, be preserved.
We propose an exception specifically and only
for gift-intermediary foundations closely
associated with State universities, land-grant
colleges and other tax-supported colleges
and universities. Without this exception,
the institutions themselves cannot fully
benefit from a provision Intended for them.

VOLUNTARY PENSION PLANS BY

SELF-EMPLOYED INDIVIDUALS —

CONVEYANCJE OF CERTAIN LAND

TO CLARK COUNTY. IND.

Mr. MANSFIELD. Mr. President, on

behalf of the distinguished Senator from

Indiana [Mr. Hartxe], I introduce two

bills for appropriate reference and ask

that the statements accompanying them

be Incorporated at this point In the

Record.

The PRESIDING OFFICER. The
bills will be received and appropriately
referred; and, without objection, the
statements will be printed in the RicoRa
The bills, introduced by Mr. Mans-
field (for Mr. Hartke), were received,
read twice by their titles, and referred,
as indicated:

To the Committee on Finance :

S. 187. A bill to encourage the establish-
ment of voluntary pension plans by self-
employed individuals.

The statement of Mr. Hartki accom-
panying the above bill is as follows:
Statkment bt Semato« Ha«tkk

I introduce for appropriate reference a
bill to amend the Internal Revenue Code of
1964 so as to encourage self-employed In-
dividuals to esUbllsh voluntary pension
plans.

ThU legislation simply permlU self-
employed individuals to take care of their
retirement needs during their working years.
It will give to the self-employed the same
beneflU of our tax laws which are now en-
joyed by employees of businesats and cor-
porations. The beneflU of the bill are much
more mcKlest than those given to corpora-
tion employees and officers, since there is a
limitation placed on the amount which self-
employed individuals may contribute to a
retirement plan.

Legislation encouraging thrift and self-
reliance has always been looked upon with
favor by American cltiaens. We encourage
corporations and businesses to provide re-
tirement plans for their employees, but self-
employed Individuals have been left out.
ThU legislation will encourage them to pro-
vide for their retirement needs themselves.
This will encourage Individual initiative.

We have delayed action in this field too
long. I earnestly hope that it will be
possible for the Senate Finance Committee
to begin hearings on thU legislation early
this year so that we may take final action
before the end of this session.

To the Committee on Armed Services :

S. 198. A bill to authorize the Secretary
of the Army to convey certain land located
In the State of Indiana to Clark County.
Ind.

The statement of Mr. Hartke accom-
panying the above bill Is as follows:
Statzmxnt bt Sxnatob Habtkb

I introduce for appropriate reference a bill
to provide for the transfer of certain prop-
erty currently within the paaseaslon of the
Department of the Army to Clark County.
Ind. Upon accomplishment of the transfer,
the land will be designated for the use and
disposition of the 4-H Club of the county.

It was my pleasure to introduce legisla-
tion of a similar nature In the closing days
of the last session of Congress.

The State of Indiana Is one which poaaMeaa
a proud and noble agricultural heritage.
Agriculture has been a strong facet in the
economy of Indiana, and Indiana has been
a substantial contributor to the agricultural
betterment of the United States.

But the maintenance of such productivity
is allowed only by the development of the
skills of our young farmers.

It Is my hope, that the transfer of this
land might effect a more compatible means
of education and development of the young
agricultural minds of Indiana, and I
strongly virge that Congress take favorable
action upon this bill in order that the
needed facilities may be at the disposal of
the Clark County 4-H Club.

DEFENSE OF CERTAIN SUITS
AGAINST FEDERAL EMPLOYEES

Mr. KEATING. Mr. President, I In-
troduce, for appropriate reference, a bill
to amend the United States Code to pro-
vide for the defense of suits against Fed-
eral employees arising out of their opera-
tion of motor vehicles In the scope of
their employment.

Incredible as it may seem, under ex-
isting law, a postal worker who is In-
volved in an accident while driving a
Government truck during the course of

X961

C»NGRESSIONAL RECORD — SENATE

267

hit duties can be held personally liable
for any damages. This Is a manifestly
unjust situation that should be correct-
ed at the earliest possible date.

I have long sought a remedy for this
inequitable situation which has in the
past been remedied only on an individual
basis by private legislation.

A study was made of the best way to
effect this change during the last session
of the Congress, but unfortunately, and
Inadvertently I fear, the measure last
year was amended in such a way as to
make it inconsistent with the body of
Federal law and practice in the field of
tort claims.

This bill, In the form in which I am
now introducing It, should be satisfac-
tory on all counts. No longer will the
postal employees, or any other Federal
workers In a similar position have to be.
tried in a personal capacity. The Gov-
ernment will bear the defense costs and
assume the liability as detennined in a
Federal court. These eafw will be tried
In a Federal district court under the Fed-
eral Tort Claims Act. This should not
work any great hardship upon the plain-
tiff, but it rtiould for the first time pro-
vide adeqiuate and equitable protectl<»
for the drivers of postal vehicles. I
urge all my colleagues to give their sup-
port to this worthwhile and much needed
legislation.

I ask unanimous consent that the Wll
be printed at this point In the Record.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred: and, without objection, the bill
will be printed in the RxcoRO.

The bill (S, 202) to amend title 28,
entitled "Judiciary and Judicial Proce-
dure,- of the United States Code to pro-
vide for the defense of suits against
Federal employees arising out of their
operation of motor vehicles in the scope
of their employment, and for other pur-
poses, introduced by Mr. Kbatinc, was
received, read twice by its title, referred
to the Committee on the Judiciary, and
ordered to be printed in the Recoib, as
follows: ,

Be tt enacts by the Senate and House of
Representatives of the United States of
America in Congress assembled. That sec-
tion 2679 of title 28, United States Code, is
'amended (1) by Inserting the sulwection
symbol "(a)" at the beginning thereof and
(2) by adding immediately following such
subsection (a) as hereby so designated, four
new subsections as follows :

"(b) The remedy by suit against the
United States as provided by section 1348
(b) of this title for damage to property or
for personal injiary. Including death, result-
ing from the operation by any employee of
the Oovemment of any motor vehicle whUe
acting within the scope of his ofllce or em-
ployment, shall hereafter be exclusive of any
other civil action or proceeding by reason of
the same subject matter against the em-
ployee or his estate whose act or omission
gave rise to the claim.

"(c) TIM Attorney Cleneral shall defend
any civil aetloa or proceeding brought in
any court against iuiy employee of the Oov-
emment or his estate for any such damage
or injury. The employee against whom
such civil action or proceeding is brou^t
shall deliver within such time after date of
servloe or knowledge of service as dcter-
mlzMd by tba Attorney General, all procesa
served upon him or an attested triM oopy
thereof to his immediate superior or to

whomever was designated by the head of
his department to receive stich papers and
such person shall promptly fiunlsh copies
of the pleadings and process therein to the
United States attorney for the district em-
bracing the place wherein the proceeding is
brought to the Attorney General, and to the
head of his employing Federal agency.

"(d) Any such civil action or (>roceeding
commenced in a State court shall be removed
without bond at any time before trial by the
Attorney General to the district court of the
United States for the district and division
embracing the place wherein It Is pending
and the proceedings deemed a tort action
brought against the United States under the
provisions of this title and nil references
thereto. Should a United States district
court determine on a hearing on a motion to
remand held before a trial on the merits that
the case so removed is one in which a remedy
by suit within the meaning of subsection (b)
of this section is not available against the
United SUtes, the case shall be remanded
to the State court.

"(e) The Attorney General may compro-
mise or settle any claim asserted in such
civil action or proceeding in the manner pro-
vided in section 2677, and with the same
effect.-

Bbc. 2. The amendnicnts made by this Act
shall be deemed to be In effect she months
after the enactment hereof but any rights
or UabiUties then existing shaU not be af-
fected.

Amend the title so as to read: "A bUI
to amend UUe 28, entitled 'Judiciary and
Judicial Procedure', of the United States
Code to provide for the defense of suits
against Federal employees arising out of their
operation of motor vehicles in the scope of
their employment, and for other purposes."

AMENDBCENT OP SECTION S15(A) OP
COMMUNICATIONS ACT

Mr. MAGNUSON. Mr. President, I
submit a bill for Introduction and for
appropriate reference.

I might say to the Members of the
Senate that last year I sponsored a bUl
to amend section 315(a) of the Com-
munications Act which would allow the
networks of the country to proceed to
make time available to presidential and
vice-presidential candidates in the elec-
tion which has Just become history, and
concerning which some more history will
shortly be made on the other side of the
Capitol.

I have consulted many persons in-
volved to tlils matter, Includtog both
political parties. The bill I introduced
last year to amend the section was tem-
porary; it provided only for the cam-
paign just past.

In order to bring the matter before
the Senate agahi. I am reintroducing
the amendment to the Communications
Act. section 315(a). which would make
the amendment permanent and would
allow availability of time for presidential
and vice-presidential candidates.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 204) to provide that sec-
tion 316(a) of the Communications Act
of 1934 shall not apply to candidates for
the offices of President and Vice Presi-
dent of the United States, introduced by
Mr. Magnuson, was received, read twice
by its title, and referred to the Commit-
tee on Interstate and Foreign Com-
merce.

USE OF TELEVISION STATIONS FC»
SCHOOLS AND COLLEGES

Mr. MAGNUSON. Mr. President,
today I am retntrodticlng on behalf of
the senior Senator from the State of
Kansas [Mr. Schoippel] , and myself, the
measure designed to help activate many
of our idle educational television chan-
nels.

This measure which passed the Senate
during the 86tli Congress would allocate
$1 million to each State and the IMstrict
of Columbia toward the purchase or in-
stallation of equipment to get educa-
tional television stations on the air.
None of the appropriation authorized
could be used for personnel or program
service.

As this measure is presented agato to
the Senate, I recall the article written
for the National Association of Educa-
tional Broadcasters Journal and printed
In the May -June 1960 edition:

We have our race for space. We have
shown haste to face the missile gap.
However, thus far, we have set no pace
to erase the gap in educational television
which mesLsures almost two-thirds of our
Nation in breadth.

Many contend that we have givai our
educators more advice than funds, more
students than desks, more technology to
teach than we have modem tools to
teach It, Including educational television.

On April 14, 1952. the Ptederal Com-
munications Commisjrion set aside 242
channels for noncommercial educational
stations. Now that number has been
Increased to 257. Less than 55 stations
are on the air today.

During that same period, what haa
happened to other fields?

Both Russia and America have placed
satellites to orbit, launched deep space
thrusts, made superjwnic missiles opera-
tional, adapted atomic propulsion to
water navigation.

Our travelers have become accustomed
to crosstog the conttoent in less than 4
hours and the Atlantic Ocean during
daylight hours. But two-thirds of our
students have progressed eight grades
without having educational television
available to them.

For the one-third of the Nation's
school population which has used educa-
tional television, the experience has been
most rewarding and promising. To
know exactly how rewarding and promis-
ing, you should have sat with me to my
Senate Interstate and Foreign Commerce
Committee room a year ago.

Had you been a parent listening, you
would have heard other parents tell how
their children had gained to knowledge
through educational television.

Had you been a teacher, you would
have heard eager fellow educators tell-
ing what a tool the medium is when
aiH>lied as a teaching supplement

Had you been a lawmaker, the prob-
lems of utilizing educational television
properly would have been most revealing
and heart touching.

You would have learned of innumer-
able community meetings held, countless
conferences convened, reams of mtoutes
taken, and many sound conclusions
reached.

268

CONGRESSIONAL RECORD — SENATE

January 6

1961

CX>NGRESSIONAL RECORD — SEN ATE

269

i^

'I

Testifjrlng before my committee were
those who had channels allocated but not
activated. Those who had stations in
service. Those who had seen educa-
tional television in service elsewhere and
now wanted it for their areas, their chil-
dren.

There was no shortage of desire for an
educational television station. Nor was
any lessening of need indicated. Only a
shortage of dollars was indicated to buy
equipment, install it. get the picture into
the classroom.

The dollars trouble me, as they do you.

Those offering testimony saw in my
measvu-e, 8. 12, being reintroduced in the
Senate today, a chance to obtain part of
the dollars they need. This help, they
felt, can spell the difference between
having a channel which Is allocated but
vmused or a channel beaming programs
to students.

Each witness knew that even $1 mil-
lion allocated to each State and the Dis-
trict of Columbia, as provided by the
Magnuson measure, would not stretch
far. They knew the dollars supplied
could be used only to buy equipment or
install it. After the station was on the
air, no Federal funds under the Magnu-
son Act could be used for either person-
nel or program service.

But they must have equipment before
programs. The equipment must be in-
stalled. So they were for my bill. They
thought it should be speedy. That no
time be wasted getting the program in
operation.

That was a year ago.

I have been fighting for this legisla-
tion for the past 4 years. This was a
logical next step, since we had won the
battle to have these channels reserved
exclusively for educational purposes.

K this effort meets with success and
we can immediately double or triple the
number of educational stations now on
the air, considering that we now have
less than 55, this can be an important
step forward.

If every community could proceed as
did my home city of Seattle, then the
problem could be lessened.

Loren Stone, who directs channel 9,
Seattle, tells me that the $1 per student
contribution made by the majority of
school districts. King County, and Seattle
city schools, coupled with the same pay-
ment from Seattle University and Seattle
Pacific College provides about two-thirds
of the station's annual budget. The
other one-third comes from the Uni-
versity of Washington. Other areas
have tried much the same plan with
varying degrees of success.

But in Seattle it works.

Cutting down operational costs there
is the arramgement for the University
of Washington to provide studio and
oCRce facilities on the campus, and,
through the school of communications,
to make students available to augment
the station's small professional staff.
Housing for the station transmitter is
provided at Edison Technical School and
Edison's students maintain and operate
the facility.

However, at channel 9's start, capital
Xunds came almost exclusively from out-

side the local educational group. The
Fund for Adult Education, an independ-
ent agency created by the Ford Founda-
tion, made a grant to the station of $150,-
000, upon the condition the station raise
double that amount in local matching
funds. Commercial television station
KING-TV, owned by Mrs. Scott Bullitt
made a gift of television equipment, in-
cluding a transmitter, two camera
chains, a tower, and many other useful
items valued at $121,963. A community-
wide drive for funds produced $33,441.
The Emerson Radio li Phonograph Corp.
made a grant of $10,000 to the station as
being one of the first 10 educational tele-
vision stations to commence broadcast-
ing. The University of Washington pro-
vided studio and building facilities,
which for purposes of the required
matching funds, have been valued at
$275,000.

Through this supercommvmity effort
and the humanitarian gesture by Mrs.
Bullitt, we now have "Calculus," a half-
hour three-times-a-week series for accel-
erated mathematics students going to
our high school seniors in the Seattle-
King County area.

Our third graders get "Panchito y los
Animates," a quarter-hour three-times-
a-week series in the Spanish language.

Junior high students studying Wash-
ington State history can look up from
their books to catch "Reliving the Past,"-
a weekly series carried on channel 9.

The "Listen and Say" basic speech and
reading program commands wide at-
tention in our primary classes.

To permit the greatest possible elM-
ticity, the classroom teacher can pluck
from the air the individual program
best suited for her room at the time she
wants it because each of the in-school
programs are repeated two or three times
during the day or week. These repeats
are made from kinescopes made of the
programs in channel 9*s studios. Thus
repeats are possible in future years and
loans are possible to schools outside the
station's coverage area.

Loren Stone informs me that channel
9 has an evening schedule including an
hour for children from 7 to 8, an hour
of telecourses from 8 to 9, and an hour
of general cultural and informational
programs for adults and the entire fam-
ily from 9 to 10.

Each of you has an example to draw
upon from the nearest educational sta-
tion. Perhaps you, as I, have talked
with children who view the programs,
use the facility to give new meaning to
textbook pages, learn by seeing as well
as hearing.

Actually, one cannot know the full
meaning nor potential of educational
television imtil you have sat down with
the student, the teacher, the parent, and
talk concrete results.

The results are eloquent.

So was Dean Gordon Sabine, of Mich-
igan State University, when he told my
committee last year :

The educational needs of the United
States have so far outstripped the educa-
tional capabilities of the Nation that we
must have educational television to help us
win the flght to educate a whole people.
Without it, we surely are defeated.

Then the words uttered by Richard B.
Hull, director of radio and television
broadcasting for the Ohio State Univer-
sity in Columbus still echo in the hear-
ing room:

With the kind of Federal aid which S. 12
provides, aid which Bpeclflcally forbids any
kind of Federal direction or control, a
■grassrooU" educational television develop-
ment at the State level for the first time
becomes possible, and the electronics mass
media, already harnessed to the purposes of
business and industry can become available
to education.

This testimony, and thousands of
words in the same vein, give stature to
the hearing record on S. 12. They gave
impetus to the measure when it passed
the Senate.

But the only real satisfaction can
come when the electronic picture tube
lights up in those classrooms in the other
two-thirds of our Nation to let those
students have this vibrant, vital rev.-
educational supplement that Ls tele-
vision.

Until these tubes glow, our job remains
unfinished.

I wish to let the bill remain on the
desk so that the names of additional
sponsors may be added to it.

The PRESIDING OFFICER. May the
Chair ask the Senator how long he
wishes the bill to lie on the desk?

Mr. MAGNUSON. At least 3 or 4
days; at least until Tuesday or Wednes-
day of next week, because many Sena-
tors will not be here over the weekend.

The PRESIDING OFFICER. Four
days, then?

Mr. MAGNUSON. Yes.

The PRESIDING OFFICER. The
bill will be received and appropriately
referred and. without objection, the
bill will lie on the desk as requested.

The bill (S. 206) to expedite the utili-
zation of television transmission facili-
ties in our public schools and colleges,
and in adult training programs, intro-
duced by Mr. Macnttsom (for himself and
Mr. ScHOiPPKL) . was received, read twice
by its title, and referred to the Commit-
tee on Interstate and Foreign Commerce.

PROTECTION OF WATER RIGHTS
OF STATES

Mr. HRUSKA. Mr. President, on be-
half of my colleague fMr. Ctj«ti8]. the
senior Senator from Colorado [Mr.
AllottJ and myself, I introduce, for
appropriate reference, a bill to affirm
and recognize the water laws of the
States lying wholly or partly west of the
98th meridian.

Mr. President, on two previous occa-
sions, like bills on the same subject have
been introduced in this body.

It is considered necessary to give leg-
islative assurance of the integrity of
western water rights. In view of the ad-
verse implications arising from recent
Supreme Court decisions, in particular
in the case of Federal Power Commission
V. Oregon (349 U.S. 435 (1966)).

Much discussion and effort have al-
ready been devoted to . the question.
There are on file reports from depart-
ments and agencies having programs or
interests connected with western water

rights. It comes as no surprise to find
that divergent views on such legislation
were expressed. But a concern for rea-
sonabte protection of Federal programs
and interests— which, incidentally, this
bin provides for — should not altogether
hold up legislatis'e action and thus de-
prive p»w)ns in reclamation States of
the needed assurance of their vested
property rights in the xise of water.

I send the bill to the desk. Mr. Presi-
dent, with the request that it be appro-
priately referred

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 211) to afBrm and recog-
nize the water laws of the States lying
wholly or partly west of the 98th merid-
ian. Introduced by Mr. Hbtjska (for him-
self and other Senators), was received,
read twice by its title, and referred to the
Committee on Interior and Insular
Affairs.

Mr. CASE of South Dakota. Mr.
President, will the Senator from Ne-
braska 3^eld for a question?

Mr. HRUSKA. I yield.

Mr. CASE of South Dakota. The pur-
pose of the bill is to protect the States'
water rights. Let me ask whether in
any way the bUl would modify the so-
called OTyfahoney-Milliken amendment
in the Flood Control Act of 1944.

Mr. HRUSKA. It is not my recollec-
ti(m that it does; I do not think It
touches that part of it at all.

R>r the information of the Senator
from South Dakota, let me say that the
bill I am now Introducing is the same. In
its provisions, as the one introduced 4
years ago by Senator Barrett, of Wyo-
ming. That wUl identify the bill with
the Senator's recollection. I am sure.

Mr. CASE of South Dikkota. If that
is the bill. I wish to commend the Sena-
tor from Nebraska for introducing it;
and I would be happy to be associated
with him in sponsoring the bill.

Mr. HRUSKA. I shall be happy to
have the name of the Senator f r<wn South
Dakota included as a cosponsor.

AMENDMENT OF PUBLIC HEALTH
SERVICE ACT TO PROTECT THE
PUBLIC FROM UNSANITARY MILK
AND MILK PRODUCTS

Mr. HUMPHREY. Mr. President, on
behalf of Senators McCAtxHY. Pkoxmirs.
WiLrr, and myself I introduce, for ap-
propriate reference, a bill which is de-
signed to protect the public from unsani-
tary milk and milk products shipped in
Interstate commerce, without unduly
burdening such commerce.

This proposal, aside from minor tech-
nical changes to clarify the wording of
several provisions. Is Identical to the
milk sanitation bill which I Introduced
in the 86th Congress. Representative
Lister Johnson, of Wisconsin, has in-
troduced the same measure in the House
of Representatives.

During the last session of Congress,
extensive hearings were held on this pro-
posed legislation by the Subcommittee
on Health, of the Senate Labor and Pub-
lic Welfare Committee, and by the House
Subcommittee on Health and Safety;

and during those hearings the proposal
was discussed In detail.

By establishing the United States Pub-
lic Health Service's provoi milk code
as the quality yardstick for milk moving
In Interstate trade, the National Milk
Sanltati(xi Act would eliminate the use
of arbitrary local health standards as
trade barriers against the shipment of
high-qiiality milk from one State to an-
other. Currently, many eastern and
southern milk markets are hemmed in
by sanitary standards which do more to
protect local milk monopolies than to
protect the public health.

Milk and milk products are the only
agricultural products prevented from
moving freely in interstate commerce.
This Is obviously imf air to producers who
live In areas, such as In Minnesota and
Wisconsin, that provide the ideal condi-
tions for volume production. It is also
unfair to the consuming public to deny
them the benefits resulting from the free
flow of trade.

The National Milk Sanitation Act is
Intended to bring commerce In milk and
milk products out of the 19th cenutry
into the present day. for the betterment
of the general welfare.

Mr. President. I ask unanimous con-
sent that the text of this legislative pro-
posal be printed at the conclusion of
these remarks.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred: and. without objection, the bill
will be printed in the Record.

The bill (S. 212) to amend the Public
Health Service Act to protect the public
from unsanitary milk and milk products
shipped in interstate commerce, with-
out unduly burdening such commerce,
ln*^^roduced by Mr. Humphrey (for him-
self and other Senators), was received,
read twice by its title, referred to the
Committee on Labor and Public Welfare,
and ordered to be printed in the Record.
as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "National Milk
SanlUtlon Act".

S«c. a. The Public Health Service Act is
amended by adding at the end thereof the
following new title :

"TITUI Vm — MILX BAKITATIOK

"Congressional findings
"Sec. 801. The Congress hereby finds that
the sanitary control of fluid milk and cer-
tain milk products is necessary to protect
the public health and recognlees that the
exercise of such sanitary control is pri-
marily the responslbUlty of State and local
governments, but that no State or local gov-
ernment has the rtght to obstruct the free
movement in Interstate commerce of mlUc
and milk products of high sanitary quality
by use of unnecessary sanitary requirements
or Other health regulations.
"Definitions

"Sec. 802. For purposes of this title —
"(I) The term 'milk' means the lacteal
secretion, practically free from colostrum,
obtained (A) by the complete milking of one
or more healthy cows, which contains not
less than 8>4 per centvtm milk sollds-not-fat
and not less than 3V4 per centum mllkfat.
or (B) by the complete milking of healthy
goats.

"(2) The term 'mUk product' means (A)
cream, sour cream, light cream, whipping

cream, light whipping cream, heavy whip-
ping cream, half and half, reconstituted half
and half, whipped cream, concentrated milk,
concentrated milk products, skim milk,
nonfat milk, flavored milk, flavored drink,
flavored reconstituted milk, flavored reconsti-
tuted drink, buttermilk, cultured butter-
mUk, cultured mUk, vitamin D mUk, recon-
stituted or recomblned milk, reconstituted
cream, reconstituted skim milk, cottage
cheese, and creamed cottage cheese, as such
products are defined in the edition of the
Public Health Service's recommended Milk
Ordinance and Code (unabridged form)
which is current on the date of enactment
of this title; (B) any other fluid product
made by the addition of any substance to
milk or to a product soeclfied in clause ( A) ,
if the Surgeon CJeneral, by regulation, desig-
nates the product so made as a milk prod-
uct for purposes of this title on the basis
of a finding that such product is used for
purposes similar to those of milk products
specified in cla\use (A) and is shipped In
interstate commerce in sufficient quantities
to be of public health Importance and to
warrant its control under this title; and (C)
nonfat dry milk products and other dry
milk products, when used or Intended for
use in the manufacture of a milk product
specified In clause (A) or pursiiant to clause
(B) : Provided, That upon the becoming ef-
fective, vmder section 401 of the Federal
Food. Drug, and Cosmetic Act. of a definition
and standard of identity for milk, or for
any milk product specified In or pursuant
to this paragraph, such definition and stand-
ard of Identity shall govern to the extent of
any inconsistency l>etween it and the defini-
tion specified In or \uider this or the pre-
ceding paragraph.

"(3) The term 'Interstate milk plant'
means, except as otherwise provided in this
paragraph, any establishment or faclUty (in-
cluding equipment, vehicles, and appurte-
nances in, or operated in connection with,
such establishment or facility) (A) in which
milk or milk products are collected, handled,
processed, stored, pasteurized, or bottled or
otherwise packaged or prepared for distribu-
tion, and (B) from which milk or milk prod-
uct* are shipped In Interstate commerce. In
any case In which. In lieu of utilization of a
fixed establishment or facility, an interstate
milk shipper utilizes one or more trucks or
other mobile facilities for coUectlng milk or
mUk products (or performing any other
function or functions sjjecified In clause (A)
of the preceding sentence) and directly
shipping such milk or milk products In
interstate conunerce, such truck or trucks
or other mobUe facilities, and equipment
and appurtenances operated In connection
therewith, shall collectively, in accordance
with regulations, be deemed to be an 'in-
terstate milk plant*.

"(4) The term 'milk supply', when used
with respect to an interstate milk plant,
means the dairies, dairy farms, and plants
directly or IndlrecUy supplying the plant
with milk or milk products.

"(6) The term 'State milk sanitation
rating agency' means the State health au-
thority, except that In any State In which
there Is a single State agency, other than
the State health authority, engaged In mak-
ing sanitation ratings of mUk supplies, the
term shall mean such other State agency.

"(6) The term 'reoelving State' means any
State into which any milk or milk product
emanating from an Interstate milk plant Is
Introduced or offered for irvtroduction; and
the term 'receiving locality' means any mu-
nicipality or other poUtlcal subdlvlaion of a
State into which any milk or milk product
emanating from an interstate milk plant in
another State Is Introduced or offered Ox
Introduction.

"Federal MiUc Sanitation Code
"amc. 808. For the purpose of rating, cer-
tification, and listing of intestate mUk

270

CONGRESSIONAL RECX)RD — SENATE

January 6

1

■1

i

plants and their milk supply aa provided by
this title, the Surgeon General ahaU by regu-
lation promulgate, and may from time to
time amend, a Federal Milk Sanitation Code
which shall set forth milk and milk product
sanitation standards and sanitary practices
(including standards as to Inspections, labo-
ratory examlnatlona. and other routine offi-
cial iuporvlslon by local or State milk sani-
Ution authorities, or by both) which, tf
effectively followed, would In his judgment
result in a supply of milk and milk producU
of a sanitary quality at least equivalent to

that of—

"U) Grade A raw milk for pasteurization
and Grade A pasteurized milk, respectively,
and

"(2) milk products containing only grade A
raw milk as their milk component and In-
tended for pasteurization, and milk products
containing only grade A pasteurized milk as
their milk component, respectively, produced
or processed, or both, in conformity with the
provisions of the edition of the Public Health
Service's recommended Milk Ordinance and
Code (unabridged form) which la cxirrent
<Hi the date of enactment of this title.
"Compliance ratings

"Skc. 804. (a) The Surgeon General shall
by regulation promulgate, and may from
time to time amend, standard rating meth-
ods and criteria for determining through
compliance ratings, with respect to milk and
milk products, the degree to which Inter-
state milk plants and their milk supply com-
ply with the Federal Milk Sanitation Code.
Such ratings shall be expressed In terms of
percentages of full compliance.

"(b) The Surgeon General shall announce,
by regulation, the minimum compliance rat-
ing (pursuant to such rating standards)
which, in his Judgment, are necessary to give
satisfactory assurance that milk and milk
products shipped from Interstate milk plants
receiving such ratings will have been pro-
duced, handled, transported, and processed
In substantial conformity with the Federal
Milk Sanitation Code, except that the mini-
mum so prescribed shall not be lees than 90
per centum.

"Suhmission of State plant

"Sic. 805. The State milk sanlUtlon rat-
ing agency of any State which wishes to ob-
tain for Its interstate milk shippers the bene-
fits of this title shall submit to the Surgeon
General for approval a State plan for peri-
odically (but not less often than annually)
rating Interstate milk plants located in such
State, and their milk supply, on the basis of
the standard rating methods and criteria in
effect under section 804(a) . and certifying to
the Svirgeon General those interstate milk
plants and their mUk supply receiving a
compliance rating at least equal to the mini-
mum ratings established under section 804
(b) . Such plan shall be accompanied or sup-
plemented by such information concerning
milk sanitation control activities of the State
agency and of local official milk sanitation
control agencies, and such other relevant in-
formaUon, as the Surgeon General may re-
quest.

"Approval, suspension, and revocation of
State plans

"Sec. 806. (a) The Surgeon General shall
approve a State plan submitted under sec-
tion 805 If It meets such requirements as he
determines to be necessary to obtain reliable
ratings for the purpoee of maintaining the
list provided for by section 807. including
a requirement that such ratings will be made
only by State rating officials who are full-
time employees of the State milk sanitation
rating agency (or under interstate arrange-
ments, by full-time employees employed by
a sister State having an approved plan or
by both States Jointly) and hold a currently
valid certificate of qualification Issued or re-
newed by the Surgeon General. Approval
of a State plan shall be for such period (but

not exceeding three year*) as may be fixed

by regulation.

"(b) Whenever the Surgeon General, after
reasonable notice and opportunity for hear-
ing to the SUte milk sanitation rating
agency, finds that —

"(1) the State plan has Ijeen so changed
that it complies with neither the require-
ments for State plan approval in effect at the
time stich plan was last approved, nor with
the requiremenU for State plan approval as
last amended, or

"(2) in the administration of the State
plan there Is a failure to comply substantial-
ly with any provision contained In such plan,
the Surgeon General shall revoke hU approv-
al of such State plan. The Surgeon General
may suspend his approval of a State plan
at any time after giving the notice of hear-
imi referred to above and pending such hear-
ing and decision thereon if in his Judgment
the protection of the public health so re-
quire*.

"Listing of certified interstate milk plants
"8«c. 807. (a) The Surgeon General shaU
establish and maintain a list of certified in-
terstate milk plants, and shall publish such
list, or revisions or amendments thereof, not
less often than quarterly. Except as pro-
vided In subsection (b), an Interstate milk
plant shall be Included on such list if such
plant and Its milk supply, by a certificate
ciurently In effect at the time of such listing,
has been certified to the Surgeon General by
a State milk sanitation rating agency under
an approved State plan as having compliance
ratings at least equal to the minimum rat-
ings established by the Surgeon General un-
der section 804(b). Such list shall Identify
the Interstate milk plant or planU Involved
In any such certification, the persons having
legal ownership or control thereof, and in
accordance with the regulations, the milk
and milk products covered by the certifica-
tion.

"(b) The Surgeon General shall not in-
clude or permit to remain on the list pro-
vided for under subsection (a) any Interstate
milk plant If—

"(1) the person having legal ownership
or control thereof does not consent to the
listing A the interstate milk plant, or

"(2) the last rating upon which the cer-
tification of the plant and Its milk supply
was based Is more than one year old, or

"(3) the State milk sanitation rating
agency gives written notice to the Surgeon
General that the plant and Its milk supply is
no longer enttUed to the minimum rating
required for listing, or

"(4) the Surgeon General, after investiga-
tion made on his own Initiative or upon
complaint of a receiving State or locality,
finds that the plant and its milk supply,
though duly certified, is not entitled to the
minimum rating required for such certi-
fication.

"(c) (1) Any decision of the Surgeon Gen-
eral—

"(A) to exclude or remove an IntersUte
milk plant from the list pursuant to para-
graph (4) of subsection (b) of this section
or pxuvuant to section 810(b), or

"(B) not to take such action upon com-
plaint of a receiving State or locality under
paragrai^is (4) of subsection (b).
shall. In accordance with regulations, be
made by order stating the findings and con-
cl\islons upon which It is based. Notice of
such order shall be given to the person hav-
ing legal ownership or control of such plant,
the State milk sanitation rating agency whose
rating of such plant Is involved, and the
complainant State or locality. If any. and
such order shall, except as otherwise pro-
vided in paragraph (3) of this subsection,
become effective on the date specified therein
but In no event earlier than the thirtieth day
after the date of Its Issuance.

"(2) At any time before an order pursuant
to paragraph (1) or (3) of this subsection Is

issued or becomes effective, the Surgeon 0«a-
eral may by order defer or suspend the list-
ing of any plant when, in his JudgnMnt. the
protection of the public health so requires.

"(3) At any time before the effective date
of an order Issued pursuant to paragraph (1) ,
any person (Including any complainant re-
ceiving Btate or locality) adveraely affected
by such order and entitled to notice thereof,
and the State milk sanitation rating agency
(if any) whose rating of an interstate milk
plant la Involved, may file objections thereto
(stating the grounds of such objections) and
request a public hearing, and the filing of
such objections and request shall operate to
stay the effectiveness of such order, but shall
not operate to stay any order of deferment or
suspension under paragraph (2) of this sub-
section. The Surgeon General shall, upon
the basis of the record of such hearing, by
order confirm, modify, or set aside his prior
order and the findings and conclusions stated
therein, and specify the date, not later than
thirty days after Its inuance, on which the
order entered after such hearing shall take
effect.

••(d)(1) Any person (including any com-
plainant receiving SUte or locality) adversely
affected by an order of the Surgeon General
Issued pursuant to paragraph (3) ot sub-
section (c) of this section and entitled to
notice under paragraph (1) oi subsection
(c). and the SUte milk sanitation rating
agency (If any) whose rating is involved,
may appeal to the United States court of
appeals for the circuit in which the inter-
state milk plant Involved Is located by filing
with such court, not later than sixty days
after the date of Issuance of the order based
upon the record of such hearing, a notice of
appeal. The Jurisdiction of the covut shall
attach upon the filing of such notice of ap-
peal. A copy of such notice at appeal shall
be forthwith transmitted by the clerk of
the court to the Surgeon General or any
officer designated by him for that purpose.

'*The Surgeon General shall thereupon file
in the court the record of the proceedings
on which he based his action, aa provided in
section 3112 of titie 28, United States Code.
The commencement of proceedings under
this section shall not. unless speclBcally
ordered by the court to the contrary, operate
M a stay of an order.

"(2) The court shall have Jurisdiction to
enter, upon the basis of the record of the
proceedings filed with it in accordance with
paragraph (1) of this subsection, a Judgment
affirming or setting aside, in whole or In
part, the decision of the Burgeon General.
The findings of the Surgeon General as to
any fact. If supported by substantial evidence
when considered on the record as a whole,
shall be sustained, but the court may. on
good cause shown, remand the ease to the
Surgeon General to take additional evidence,
and the Surgeon General may thereupon
make new or modified findings of fact and
may modify his previous order, and shall file
with the court any such modified findings of
fact and order, together with the record of
the further proceedings. Such additional or
modified findings of fact and order shall be
reviewable only to the extent provided for
review of the findings of fact and order origi-
nally filed with the court. The judgment of
the court shall be final, subject to review
by the Supreme Coint of the United States
upon certiorari or certification as provided
in section 1264 of titie 28 of the United
States Code.

"Prohibition against dlncrimin^tion mgatrut

sanitary out-of-State miUc and milk

products

"Sxc. 808. (a) Except as provided In sub-
section (b) —

"(1) no milk or milk product which ema-
nates from an Interstate milk plant in an-
other State, while such plant Is listed by the
Surgeon General under section 807 with re-
spect to the milk or milk product, as the case

1961

CONGRESSIONAL RECORD — SENATE

271

may be, shall be subject to seizure or condem-
nation in, or to exclusion from, a receiving
State or locaUty. or from tranq>ortation.
distribution, storage, processing, sale, or
serving in such State or locality, and

'•(2) no processor, producer, carrier, dis-
tributor, dealer, or other person handling
such milk or milk product shall be subject
to punishment, or to denial of a required
license or permit,

by reason of the failure of such milk or milk
product, or of the sealed container or ve-
hicle (complying with the Federal Milk
Sanitation Code) in which such milk or
milk product was brought into the State, or
of an Interstate milk plant in another State
or its milk supply, or of any transportation
or handling facility, in which such mUk or
milk product was produced, processed, car-
ried, or handled, to comply with any prohibi-
tion, requirement, limitation, or condition
(Including official in^^ectlon requiremenU)
relating to health or sanitation and Imposed
by or pursuant to any SUte or local law,
regulation, or order of the receiving SUte
or locality, or by any officer or employee
thereof. In the event any milk or milk
product emanating from a lUted IntersUte
milk plant in another SUte and complying
with the Federal Milk Sanitation Code is
commingled with milk or milk productt from
within the receiving State the provisions of
the preceding sentence shall apply to the
resulting mixture, except that nothing in
this section shall be construed to prevent
the application of such SUte or local laws,
regulations, or orders to such mixture by
reason of the failure of such milk or milk
product of intrastate origin not emanating
from an IntersUte milk plant in another
SUte. to comply therewith Immediately prior
to such commingling.

"(b) Subsection (a) shall not be deemed
to prohibit any receiving 3UU or locality
from^

"(1) subjecting any milk or milk product,
upon iu arrival from another SUU. to lab-
oratory or screening teaU In accordance with
sUndard methods for the examination of
dairy producU provided for in the Federal
Milk SanlUtlon Code, and rejecting the ship-
ment if upon such examination it fails to
comply with the bacurlal and oollform count
stttadBTds. temperature sUndards. compos! -
tton standards, and other criteria of such
code relating to the then physical condition
of such milk or milk producU. and

"(2) enforcing sanitary laws and regtila-
tlons. equally applicable to milk or milk
producte not coming from ouUlde the
SUte—

"(A) to require pasUuriaation of raw milk
or raw milk producU brought Into the SUte
before delivery to retail sale or consumer-
serving esUbllshmenta or before use in mak-
ing milk products or other producU.

"(B) to otherwise protect milk or milk
products from conumlnatlon or deteriora-
tion after arrival through requiremenU as to
Umperature and sanitary handllikg. trans-
porUtion. and storage: Provided, That the
StaU or locality may not. except as pro-
vided in subparagraph (C), reject the sealed
conUiner or vehicle, as such, in which the
milk or milk product arrived in the SUU.
if it complies with the Federal Milk SaniU-
tion Code, or

"(C) as to the type of container in or from
which milk or milk producU may be sold at
reUU or served to consumers.
"Civil action to restrain interference with
operation of title
••Sxc. 809. The United SUtes distinct oourte
shall, regardless of the amount in contro-
versy, have Jurisdiction of any civil action to
restrain the application of any law, ordi-
nance, regulation, or order of any Bute or
political subdivision of a SUU, or to restrain
any action of an officer or agency of a SUU
or political subdivision of a SUU, which in-
Urferes with. confUcU with, or vioUtes any

provision of this titie. Such action may be
brought by the United SUUs. or by any In-
Urested person. Nothing In this section shall
be deemed to deprive any court of a SUU
of jurisdiction which it would otherwise have
to restrain any such application or action
which inUrferes with, confiicU with, or
violates any provision of tills titie.

"Inspection by Surgeon General

•'Sac. 810. (a) The Surgeon General may
make such Inspections of inUrsUU milk
planU and planU proposing to become Inter-
sUU milk planU, and of their milk supply,
and such laboratory examinations, studies,
investigations, and ratings, as he may deem
necessary in order to carry out his func-
tions under thU titie and to promoU uni-
formity in the application of the Federal
Milk Sanitation Code and the Surgeon Gen-
erars standard rating methods and criteria,
"(b) The Surgeon General shall remove
any inUrstaU milk plant from the list pro-
vided for under section 807 If the SUU or
any local milk sanitation authority or lab-
oratory refuses to permit representatives of
the Service to Inspect and copy relevant rec-
ords pertaining to StaU or local health and
sanlUry supervision of such milk plant or
any part thereof or facility connected there-
with and lU milk supply, or if the person
in charge of such plant or of any part of the
milk supply of such plant, or any person
under his control, refuses to permit repre-
sentatives of the Service, at all reasonable
times, to —

"(1) enUr such intersUU milk plant or
any establishment, premises, facility, or ve-
hicle where milk or milk producU InUnded
for such Interstate milk plant are produced,
processed, packed, held, or transported.

••(2) Inspect such plant. esUbllshment.
premises, faculty, or vehicle, and all perti-
nent personnel, dairy animals, equipment
and utensils, containers and labeling, and
milk and milk producU. and

"(3) Inspect and copy pertinent records.
"Research, studies, and investigations con-
cerning sanitary quality of milk
"Sxc. 811. The Surgedn General shall con-
duct research, studies, and Investigations
concerned with the sanlUry quality of milk
and milk producU, and he is authorized to
(1) support through granU. and otherwise
aid in. the conduct of such Investigations.
studies, and research by SUte agencies and
other public or private agencies, organiza-
tions. Institutions, and individuals, and (2)
make the resulu of such research, studies,
and investigations available to SUte and
local agencies, public or private organizations
and institutions, the milk Industry, and the
general public.

"Training milk sanitation personnel
••Sxc. 812. The Surgeon General is author-
ized to—

"(1) train SUte and local personnel in
milk sanitation methods and procedures and
In the application of the rating methods and
criteria esUbllshed in r^ptUations pursuant
to section 804.

"(2) provide technical assistance to SUte
and local milk sanlUtlon authorities on spe-
cific problems,

"(3) encourage, through publications and
otherwise, the adoption and use. by SUte
and local authorities throughout the United
States, of the sanlUtion stendards and sanl-
Ution practices specified in the Federal MUk
SanlUtion Code, and

"(4) otherwise cooperate with SUU milk
sanlUtlon authorities, other pubUc and pri-
vate organizations and Institutions, and In-
dustry in the development of Improved pro-
grams for the control of the sanitary quality
of milk and milk producU.

"Savings provisions
"Sac. 813. (a) The provisions of this title
shall not apply to manufactured dairy prod-
ucU Including but not limited to butUr.

frozen deserte. condensed milk, ev^^mrated
milk, sterilized milk or mUk producU not re-
quiring refrigeration, all tyi>e6 of cheese ex-
cept cottage cheese and creamed cotuge
cheese, and nonfat dry milk, dry whole milk,
or part fat dry milk tmless used or intended
for use in the preparation of fluid milk prod-
ucU. As \ised m this section the term 'man-
ufactured dairy producU' does not apply to
the milk products defined in section 802(2).

••(b) Nothing in this title shall be deemed
to make lawful or authorize the application
of any State or local law or requirement of
any receiving SUte or locality discriminating
against milk and milk producte which would
not be lawful or authorized If this titie were
not In effect.

"(c) Nothing In this title shall be deemed
to supercede or modify any provision of the
Federal Food. Drug, and Cosmetic Act. or of
any provision of the Public Health 8«-vlce
Act (Other than this titie) .

"Appropriations

•Ssc. 814. There are hereby authorized to
be appropriated annually to the Service such
sums as may be necessary to enable the Sur-
geon General to carry out his f\inctlons un-
der this titie."

Sbc. 3. Section 2(f) of the PubUc Health
Service Act Is amended to read as follows:

"(f) The term 'SUte' means a SUte or
the District of Columbia. Puerto Rico, or the
Virgin Islands, except that, as used in sec-
tion 861 (d) and in title Vin. such term
means a SUte or the District <tf Columbia; ".

Sec. 4. (a) Section 1 of the Public Health
Service Act is amended to read as follows:

"Short title
•'SaCTiON 1. Titles I to vm. Inclusive, of
this Act may be cited as the 'Public Health
Service Act'."

(b) The Act of July 1. 1944 (58 SUt. 682),
Is further amended by renumbering title
vm (as in effect prior to the enactment of
this Act) as title IX. and by renumbering
sections 801 through 814 (as in effect prior
to the enactment of this Act, and references
thereto, as sections 901 through 914. respec-
tively.

Sxc. 5. The amendmenU made by this Act
shall become effective on the first day of
the first fiscal year beginning more than one
himdred and eighty days after the date of
the enactment of this Act.

DESIGNATION OP FEBRUARY AS
AMERICAN HISTORY MONTH

Mr. KEATINO. Mr. President, I in-
troduce for appropriate reference, a joint
resolution to designate February of each
year as American History Month.

Selecting February as American His-
tory Month is especially appropriate
when we consider that among the fa-
mous Americans bom during February
are: George Washington. Abraham Lin-
coln, Thomas Edison, and Henry Wads-
worth Longfellow.

In bringing to the forefront the
strength, courage, and determination of
the past through the observance of a
national history month, we would be
setting an example and guide for the
future, worthy of consideration by all
Americans.

Many cities and States currently ob-
serve American History Month as a re-
sult of the efforts of the Daughters of
the American Revolution. Through
their suggestion, I am introducing this
resolution today.

It is my hope that this proposal wiU
be given the expeditious and affirmative
consideration it so well deserves.

<ft

272

CONGRESSIONAL RECX>KD — SENATE

January 6

Mr. President. I ask unanimous con-
sent to have the Joint resolution printed
In the Rbcord.

The PRESIDING OFFICER. The
joint resolution will be received and ap-
pn«)riately referred: and, without ob-
jection, will be printed in the Ricord.

The joint resolution (S.J. Res. 22)
designating February of each year as
American History Month, introduced by
Mr. Keating, was received, read twice by
Its title, referred to the Committee on the
Judiciary, and ordered to be printed in
the RxcoRO. as follows:

Whereaa all Americans must honor thetr
debt to tbe past and tbelr obligation to the
future; and

Whereas our freedoms are the result of the
sacrlflce. wisdom, perseverance, and faith of
our forefathers; and

Whereas the more fuUy we understand and
appreciate our history and heritage the more
we will be able to prove worthy of It; and

Whereas the need was never more acute
for encouraging study and recognition of the
greatness that Is America: Therefore be it

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress ossembled. That Pebruary of
each year is hereby designated as American
•EOStarj Month, and the President of the
United States Is requested and authorized
to Issue annually a proclamation Inviting the
people of the United States to observe such
month In schools, churches, and other suit-
able places with apprcquiate ceremonies and
acUvltles.

IMPROVEMENTS IN METHODS OP
NOMINATING AND ELECTING
PRESIDENT AND VICE PRESI-
DENT—ADDITIONAL COSPONSOR
OF BILL

Mr. BARTLETT. Mr. President, win
the Senator from Minnesota yield to
me?

Mr. HUMPHREY. I yield.
Mr. BARTLETT. Mr. President, I
ask unanimous consent that my name be
added as a cosponsor of Senate blM 102,
at the next printing of the bill.

The PRESIDING OFFICER. With-
out objection, it is so ordered.

ADDRESSES. EDITORIALS. ARTICLES.
ETC., PRINTED IN THE RECORD

On request, and by unanimous con-
sent, addresses, editorials, articles, etc..
were ordered to be printed In the Record,
as follows:

By Mr. WILKT:

Statement by him on the need for an
Organization of American States Peace Fleet.

INTERNATIONAL PARK IS SYMBOL
OF FRIENDSHIP

Mr. MANSFIELD. Mr. President, for
a period of some months now the MIs-
soulian-Sentinel, Missoula, Mont.'s dally
newspaper, has been nmning a series of
guest editorials. These editorials have
been of exceptional quality, and one of
the finest to appear in a recent issue was
written by my good and long-time friend,
D. Gordon Rognllen. of Kallspell. Mont.

Gordon Rognllen's editorial was de-
voted to the Waterton-Glader Interna-
tional Peace Park as a symbol of friend-
ship between Canada and the United
States. I recommmd this editorial to

an of my colleagues here in the Smate.
It underscores the devotion of this man
and his associates to a project which has
been so successfuL If there were more
examples of international good will in
the world today, there would be a better
understanding and less strife among na-
tions today.

Mr. President. I ask unanimous am-
sent to have printed at the conclusion of
my remarks in the Rscoio the guest edi-
torial entitled "Peace Park Symbol of
Friendship," which appeared in the De-
cember 24. 1960. Issue of the Mlssoulian-
Sentlnel.

There being no objection, the editorial
was ordered to be printed in the Rec-
ord, as follows:
(Pl-om the ICsBouMan-Sentlnel, Dee. 94. IMO]

PXACZ PaKK STICBOI. or FkXXNDSHIP

When Mary first told Joseph of the ex-
pected Christ Child, his first words to hw
were. "Peace be with you." After the blrtto
of Jesus the shepherds told of seeing the
heavens open and a host of angels singing
"Glory to Qod in the liighest, and on earth
peace, good will toward men." So It Is very
fitting that on the eve of the celebration
of the birth of the Prince of Peace we again
pause and reflect about peace on earth.

It Is. of course, the hope of all. that peace
can come to this troubled world and we as
individuals would llk« to lend our assist-
ance, but we feel so insignificant ard inade-
quate to make any positive contribution.

A group of Rotarlans from both Alberta
and Montana, realizing the futility of indi-
vidual action, reasoned that collective action
of many Rotarlans from both sides of the
border could dramatize the fact that Ca-
nadians and Americans Uve side by side in
perc; and harmony and thus bring Inter-
national attention to this example of inter-
national good will. As a result, the idea of
creating an international peace pcu'k was
born.

raWT or ITS KIND

Mo time was lost In making this dream
a reality. The national legislative councils
o< both Canada and the United States
passed laws uniting Waterton Lakes National
Park and Glacier National Park, creating the
Watertcm-Olacier International Peace Park,
the first of its kind in the world.

It was created as a ■3rmboI of the tradi-
tional friendship existing between these two
great nations and to serve as an ezjunple to a
war-weary world that nations with common
boundaries can live together peaceably.

The dedication ceremonies were held at
Glacier Park on June 18, 1932, where celebri-
ties from both countries attended. Hope for
the success of their venture was well ex-
pressed by President Hoover, who wrote:
"Dedication of the Waterton-Glacler Inter-
national Peace Park Is a further gestiire of
the good win that has so long blessed our re-
lationship with our Canadian neighbors, and
I am grateful in the hope and faith that It
will ever be an appropriate symbol of
permanent peace and friendship."

During the ensuing 28 years, Rotarlans of
both countries, under the Inspired leader-
ship of Canon 0. H. IClddleton, of the An-
glican Church of Canada, have spreckd the
idea of the peace park In many ways — ^by the
erection of cairns with appropriate inscrip-
tions at the International boundary, by rall-
rocMt and park literature, through the Ro-
tarlan magaslne. and by pamphlets sent to
Rotary ofllcers and clubs thxooghoQt the
world.

Bach year members of this association
meet, first on one aide of the international
boundary and then on the other, where we
enjoy the pleasures that result from making
new firiends and renewing old acquaintances
from across the border.

■aeb ftww'T^T meeting is closed with •
"hands across the border" ceremony, wbers
the Pw««<««»Ti« stand on the north side of the
imaginary line and the Americans on the
south, grasping each others hands and re-
citing a pledge of eternal peace and friend-
ship. It is a thrilling experience which cre-
ates In the hearts and minds of all that tiA
Is making some indlvldiial eontrlbutlaB to-
ward world peace.

rOSBlDIf OOSnCKIfSATIOIfS

It is hard to know how effective the peacs
park idea has become or how far It has
spread. We do know that we receive letters
commending the idea from Japan, ntmce,
fiigland. and other foreign countries.

Senator Mnu liAKsnzui wrote: "The
weight of world problems would be much
less If there were more Waterton-Glacler
peace parks In the world."

President Eisenhower voiced the senti-
ments of us all when he said: 'This peace
park to a Uvlng monument to the tradition
of friendahip which unites the people of
Canada and the United States. To a world
*)e8et by strife and strviggle. It standi as a
Bjrmbol of mankind's highest hopes and
achievements."

It Is the hope and prayer of aU who have
participated In this movement that the peace
park will contribute. In some small way. to a
better understanding and friendship among
the peoples of the world.

"Glory to God in the highest, and on earth
peace, good will toward men."

WniilAM THE SILENT JOURNAL-
ISTIC AWARD TO R. H. SHACK-
FORD

Mr. MANSFIELD. Mr. President:
Last month, R. H. Shackford. foreign
correspondent for the Scripps-Howard
new^Mpers received the IMO William
the Silent Award for Journalism.

Mr. Shackford Is a distinguished jour-
nalist with many years of outstanding
service to the people of the United
States. I number myself among his
many readers and have drawn heavily
from his dispatches from many parts of
the world to keep myself informed on the
facts of the inteiiiational situation and
for the development of Insight into the
significance of these facts.

I am delighted to call to the attention
of the Senate this distinction which has
OHne to Mr. Shackford, a distinction
which he greatly merits. I ask unani-
mous consent, Mr. President, that a
news story covering the award to Mr.
Shackford be printed at this point in the
Rbcoro.

There being no objection, the article
was ordered to be printed in the Rkcoks,
as follows:

(Ftom the Washington (D.C.) Daily Newt.

Dec. 8. lOflO]

Shacktoko wins Jouxmausm HoNoa

NKw Toax, December 8.— R. H. Bhackford.
foreign correspondent for the Scripps-How-
ard newspapers, today was awarded the lOSO
William the Silent Award for Journalism.

He received $1,000 and a gold medal In
recognition at his Incisive series at articles
on the Netherlands published Isst December
in the Washington Daily Kews and other
Scrlpps-Howard newspapers.

Private Dutch citizens sponsor the price.
It generally Is awarded annually to a writer
adj\idged to have done the moat to further
Netherlands-United States imderstandlng

Albert Ballnk. chairman of the WTIllasB the
Silent award committee, made the presents-

1961

CONGRESSIONAL RECORD — SENATE

273

tlon at a luncheon in the Overseas Press
Club. Dr. J. H. van Roijec. Wetherlands Am-
bassador in Washington, was a guest.

Ut. Shackford. 52. to a naUve of Westbrook.
Maine. He became a United Press reportw
25 years ago. UP promoted him to Washing-
ton overnight editor, diplomatic correspond-
ent, and finally general news manager for
Europe. He became Scrlpps-Howard "s chief
European rorrespondent In 19S2.

In the postwar period he covered most of
the Important international conferences all
the way from Paris to San Francisco; London
to Rio; BnSMris to Boffot4; Rome to Ottawa;
Mexico City to Moecow. Since 1964 h« has
operated out o( Scrippe-Howard's Washing-
ton bureau, traveling abroad extensively to
report on world affairs.

Previously Mr. Shackford received the
Headliners sward for cxjverage of the United
nations and in 195e the Lawrence 6. Mayers
peace award.

The William the Silent award was estab-
lished In 1950 ss a living memorial to 14
American news correspondents who lost their
lives in the line of duty In a plane crash in
Bombay, India, on July 12, 1949. Among the
victims was William H. Newton of the
Scrlpps-Howard newspapers.

Gold medals also were presented today in
recognition of intelligent reporting of Dutch
affairs to Bwln D. Canham. editor of the
Christian Science Monitor, and David H. Bee-
tle. formCTly of the Albany (H.T.) Knicker-
bocker News.

ORDER OP BUSINESS
Mr. MANSFIELD. Mr. President, I
wish to announce to the Senate — and I
have not had an opportunity to discuss
this with the minority leader — that after
the Joint ceremony in the House of Rep-
resentattres, the Senate win return to
the Chamber and resume its delibera-
tions on the measure pending before it.
Again, I should like to ask the Senate
minority leader If It would meet with his
approval for the Senate to meet tomor-
row, in an attempt to expedite action
on the pending measure.

Mr. DIRESEN. Mr. President, it It
not that I am allergic to Saturday ses-
sions as such, but I do know that in the
first week there are so many accumula-
tions to be disposed of that I hoped
every Member of the Senate would have
a little time to get his office affairs in
order and get his accumulation of corre-
spondence out of the way, and then,
with a free and wboHy uneiKumbered
mind, approach the heavier responsi-
bilities of the rules discussion on Mon-
day.

ORDER FOR ADJOURNMENT

Mr. MANSFIELD. Mr. President, I
ask unanimous consent that when the
Senate concludes Ita business today, it
adjourn to meet on Monday next at 12
o'clock noon.

The PRESIDING OFFICER (Mr.
Carlson In the chair). Is there objec-
tion? The Chair hears none, and it is
■o ordered.

HOUSE OF FREEDOM

Mr. MAONUSON. Mr. President. I
ask unanimous consent to place in the
body of the Rscord some remarks on the
House of Freedom, the demonstration
retirement house for the White House

CVU 18

Conference for the Aging, being held in
Wa^ington, D.C.

There being no objection, the state-
ment was ordered to be printed in the
RxcoRo. as follows:

HOO^ or PKESBOK

I would like to caD attention of the Mem-
bers of the Senate to Ho«se at Freedom, the
demonstration retirement house for the
White House Conference for the Aging be-
ing held in Washington, D.C. January 9-12,
1961. This project win be a valuable con-
tribution to the public Interest, and In my
opinion will be one of the most important
tangible restilts of the conference.

The Members of the Senate have been in-
vited by the sponsors to inspect the project,
and I urge that all of you take the oppor-
tunity to do so.

The overaU objective of the demonstration
to to focus naticmal attention on the need
for special approaches to housing for the
elderly and to point the way to solutions
to this problem by private industry, public
agencies and appropriate legislative EUpport.
The house is actually a basic building
block which is adaptable to multiple-unit
arrangements such as garden court apart-
ments, row housing, and other community
projects other than high rise apartments.
The house will crystalliae in one reeear^
unit an the best Ideas applicable to the needs
for housing in outside Institutional housing
and high rise apartments.

The sponsors sre seeking the Informed
evaluation at the project by the delegates
to the conference and by the Members at
Congress. The combination at applied re-
search summarized in tangible form In the
demonstration house and the response of the
conference delegates will lay down guidelines
on what to needed In housing our older clti-
■eos for private builders. puMlc officials,
lenders and welfare groups Interested In the
problem.

House of Freedom to sponsored by the Na-
tional Retired Teachers Assortatlon. the
Am^can Aissoclstlon of Retired Persons, and
Douglas Fir Plywood Association.

The flrst two groups are nonprofit asso-
dtatlons with about 600,000 members dedi-
cated to assisting our older dtisens to Uve in
usefulnesa. Independence and dignity
throughout their later years. Douglas ¥ii
Plywood Association represents more than 86
percent of the western flr plywood industry
of Washington, Oregon, and Oollfomla.

The project undertaken by these organiaa-
tlons represenU a healthy quality at initla^
tive and resourccfuliMaB. It should ettmn-
late new construction at housing units that
are badly needed.

There has been much agitation for the Gov-
enunent to do something about the problem
at housing for the elderly and the depressed
houaAttg industry In general.

The plywood industry In the State I repre-
sent to In an even more depressed state.
Naturally I'm concerned about these condi-
tions as are many others. But I am also
heartened by the daring and imagination
with which the plywood manufacturers are
approaching the problem of broadening their
own markets without outside assistance.

The House of Freedom project which they
are financing originated at a conference of
eqiierts in the field called together by W. B.
DUIord. executive vice prealdent of Douglas
Fir Plywood Association, to explore wtiat the
plywood industry could do to stimulate more
and better hoiwing for our older citizens.

Here are some of the conclusions of that
first conference :

Housing needs for the elderly are as varied
as those for the general population, but Uttle
has been done about the problem.

About 80 percent of the Nation's rithmns
over 65 ^i*" afford good mlntmiim cost hoiis-
Ing. Although about 60 percent of one group
of older persons surveyed want to move to

better housing, only 10 percent reaUy want
to move away from their present communi-
ties.

Private builders as a group have not reoog-
Blaed the demand for iqyylallzed housing for
the rtderly. or they have misjudged the <^p-
portunity with tlie result that for many peo-
pkit good housing for their declining years to
impossible to obtain.

Private Industry and private nonprofit
groups can handle the biggest part at the
job, but some form of Government assistance
to needed, particularly in public bousing and
institutional housing.

Granted a healthy economic climate, pri-
vate Industry will probably be ahle to b«dld
and sen as many as 250.000 sale and r«itat
units for the elderly annually.

Groups like the plywood industry should
to** the initiative In showing what can be
done in the field to stimulate further action.

In view of the problems invcrfved in l>ou»-
:ng our older citizens adequately, to view of
the steps theee organisations have taken to
help develop solutlona. and in view of the
results they have produced already. I again
urge upon you that you Inspect the House
of Freedom project during the period of the
White House Conference.

SELECTION OP CERTAIN PUBLIC
LANDS BY PUBLIC LANDS STATES
IN EXCHANGE FOR LAND TAKIW
BY THE UNITED STATES FOR
MILITARY AND OTHER USES— AD-
DITIONAL COSPONSOR
Mr. ANDERSON. Mr. President, yes-
terday I introduced a bai, S. 111. to au-
thorize Fniblic lands States to sdect cer-
tain public lands in exchange for land
taken by the United States for military
and other uses, and for other purposes,
^tnri listed a number of sponsors.

The able Senator from Washington
[Mr. Magnuson] should have been listed
as a scransor. If the bill has not been
printed. I a* mianlmous consent that
the senior Senator from Washington
[Mr. Magkuson] be listed as a cospon-
sor; and if the bill has been printed. I
a^ unanimous consent that the senior
Senator from Washington be Included as
a cosponsor in sutisequent printings of

thebilL

The PRESIDING OFFICER. Is th«e
objection to the request of the Senatw
from New Mexico? The Chair hears
n<»e. and it is so ordered.

SALINE WATER CONVERSION PRO-
GRAM—ADDITIONAL COSPONSOR
AND ORDER FOR BILL TO LIE ON
DESK

Mr. ANDERSON. Mr. President, I ask
unanimous concent that the Senator
from Texas [Mr. YABBoaowcH] be listed
as an additional cosponsor of S. 109, a
bill to expand and extend the saUne water
conversi(m program under the direction
of the Secretary of the Interior to pro-
vide for accelerated research, develop-
ment, demonstration, and application of
practical means for the economical pro-
duction, from sea or other saline waters,
of water suitable for agricultural, indus-
trial, municipal, and other beneficial
cfmsumptive uses, and for ottier por-

poaea.

Tlie PRESIDINO OFFICER. I* there
objection to the request of the Senator
from New Mexico? The Chair hears
none, and It is so ordered.

274

CONGRESSIONAL RECX)RD — SENATE

Janviary 6

1961

CONGRESSIONAL RECORD — SENATE

275

.■'^

p

*

Mr ANDERSON. Mr. President, I
have been informed that S. 109 has not
been printed: therefore, I ask unani-
mous consent that the biU be held at the
desk for 2 days for additional cosponsors.

The PRESIDING OFFICER. Is there
objection to the request of the Senator
from New Mexico? The Chair hears
none, and it is so ordered.

REPORTS PROM ELECTORS IN THE
SEVERAL STATES
Mr. RUSSELL. Mr. President. I was
interested in the discussion about the
law requiring the reports from the elec-
tors in the several States to be forward-
ed to the General Services Administra-
ti<m. I wish to make perfectly clear now
that If the law does require that, it is
wholly unconstitutional. The Constitu-
tion of the United States is very specific
with respect to this matter.

I wish to read the 12th amendment to
the Constitution of the United States. I
am one of those old-fashioned people,
Mr. President, who still believe the Con-
stitution of the United States has some
meaning. It has been kicked aroimd In
a great many areas, but I was sworn to
support the Constitution, and not a lot
of these other odd ideas.

Tbe electors shaU meet In their respective
States and vote by ballot for President and
Vice President, one of whom, at least, shall
not be an Inhabitant of the same State
with themselves; they shall name In their
ballots the persons voted for as President,
and In distinct ballots the person voted for
as Vice President, and they shall make dis-
tinct lists of all persons voted for as Presi-
dent, and of all persons voted for as Vice
President, and of the number of votes for
each —

This is the cogent part, Mr. Presi-
dent—

which lists they shaU sign and certify, and
transmit sealed to the seat of the Govern-
ment of the United States, directed to the
President of the Senate.

That is the provision in the Constitu-
tion. It does not say ansrthlng about
the General Services Administration. If
there is any law which undertakes to re-
peal it. though it probably has been up-
held by the Supreme Court [laughter],
it Is completely in conflict with the Con-
stitution of the United States.

Mr. President, I ask unanimous con-
sent that the remainder of this ancient
and antiquated document, the 12th
amendment to the Constitution of the
United States, be printed in the body of
the Rkcoro at this point.

There being no objection, the remain-
der of the amendment was ordered to be
printed in the Rzcoro, as follows:

The President of the Senate shall, in pres-
ence of the Senate and House of Representa-
tives, open all the certificates and the votes
shall then be counted; the person having the
greatest number of votes for President, shall
be the President, If such number be a ma-
jority of the whole number of electors ap-
pointed; and if no person have such majority,
then from the persons having the highest
numbers not exceeding three on the list of
those voted for as President, the House of
B«presentatlve8 shall choose immediately, by
ballot, the President. But In choosing the
President, the votes shall be taken by States,
the representation from each State having
one vote; a quorum for this purpose shall
consist of a Member or Members from two-

thirds of the SUtes and a majority of all
the States shall be necessary to a choice.
I And if the House of Representatives shaU
not choose a Preeldent whenever the right
of choice shall devolve upon them, before
tbe fourth day of March next following, then
the Vice President shall act as President, as
in the case of the death or other constitu-
tional disability of the President] The per-
son having the greatest number of votes as
Vice President, shall be the Vice President,
if such number be a majority erf the whole
number of electors appointed, and if no per-
son have a majority, then from the two
highest numbers on the list, the Senate shaU
choose the Vice President; a quorum for the
purpose shall consist of two-thirds of the
whole number of Senators, and a majority
of the whole number shall be necessary to
a choice. But no person constitutionally
ineligible to the office of President shall be
eligible to that of Vice President of the
United States.

WE MUST END USELESS CIVIL
DEFENSE

Mr. YOUNG of Ohio. Mr. President,
the time has come to reappraise our en-
tire civil defense program and to stop
the senseless waste of this boondoggling
bureaucracy.

During the past 10 years, more than
$1 billion of taxpayers' money has been
thrown down the drain by the Office of
Civil and Defense Mobilization and its
satellites in communities throughout
America. For this huge sum, American
taxpayers have received nothing but con-
fused and muddled plans which would be
totally ineffective should nuclear war
strike.

In view of the failure of high paid
officials of civil defense as it has been
conducted during recent years, an over-
haul is essential to avoid further inex-
cusable waste and to spare the public
the continuing nuisance of meaningless
practice alerts and needless alarms.

We must recognize that defense of
civilians in the event of war should
definitely be the responsibility of the
Armed Fy)rces. Defense of civilians is a
major factor in the defense of our coun-
try. This must not be left to politicians
in armbands. It should be recognized as
an important duty of those best trained
to perform that duty successfully— the
Armed Forces of our country.

Mr. President, recent editorials in
many great newspapers throughout the
country expose the absurdity of our civil
defense program and conclude that in
the last analysis the best civil defense
is a world relationship that seeks to end
the armaments race between our Nation
and the Soviet Union and Red China, and
seeks to eliminate the frictions that
might lead to nuclear war.

I embody four representative editorials
on this subject as part of my remarks. I
ask unanimous consent to have the edi-
torials from the Detroit Free Press,
Washington DaUy News. Pittsburgh Post
Gazette, and New York Post printed at
this point in the Record.

There being no objection, the editorials
were ordered to be printed in the Rkcord,
as follows:

(Prom the Detroit Free Frees, Nov. 36, IMO)

As We Ski It — ^Mxjch to thx Point ow Civn.

DsrsKSz

U.S. Senator Stephxn M. Touno, of Ohio,

expressed the feelings of many Americans

when he teed off on the NaUon"! clvU defense
program as a huge and wasteful boondoggle.
The Office of Civil Defense and Mobilisa-
tion, said Senator Youho, has become the
reepoeltory for "hacks and defeated office
holders" who have to be given refuge from
the political storm.

He went on to criticise OCDM for inept
and muddled planning, characterised by iU
contradictory course "of advocating both
evacuation and bombshelters as safeguards
against mass slaughter in the event of
nuclear war."

He Indicted the agency for having squan-
dered more than 91 billion since 1961. ex-
clusive of surplus Government property
turned over to civil defense agencies. The
program also has placed a heavy burden
upon the States and local governmenU which
have been forced to create and maintain
supplementary civil defense programs.

"Americans," he declared, "are tired of
schemes to provide Identification bracelets
for teenagers to exchange; or millions of con-
tradictory pamphlets: of highly publicized
bombshelter honeymoons; of policemen
loafing on civil defense duties, waiting for a
bomb to drop, whUe many of our city streets
are unsafe after dark."

Senator Totmo's language may be strong,
but there Is a good deal of commonsense be-
hind his faultfinding. There Is an equal
amount of good sense in his statement that
In the event of an emergency, the defense
of American civilians sho\ild be under the
protection of the Armed Forces which, rea-
son tells uis, would have to take over from
well-meaning but ineffective and untrained
civilians.

The best antidote of an, he sxiggeeted.
would be to concentrate upon creating a
world relatloivshlp that would eliminate the
frictions which might cause a bomb to be
dropped.

[From the Washington Dally Mews, Dec. 96,

19601

Tbk Boonoooglx SraxAsa

Beginning with the bright new year, the
taxpayers of the United SUtes will be nicked
for an extra couple of million dollars a
month to expand the so-called civil-defense
organization.

The House twice turned down this scheme,
but finally succumbed after repeated Sen-
ate approvaU and pressure from the CD

u"ncle Sam wUl shell out a milUon a
month, and the States have to put up like
sums. All of It comes from the same people,
the taxpayers.

The tlpoff on the urgency of this plum tree
(it wlU add 1,300 to the public payrolls)
can be seen in the proviso Congress attached
to the money— no action before January I.
so it wouldn't get mixed up in the presi*
dential campaign. In other words. Congress
(Democratic) didn't want the administra-
tion (Republican) handing out thU patron-
age before election.

This is supposed to provide us with a truly
national civU defense capability. But no-
body yet has figured out any workable plan
for managing 180 mUllon people in case of
an atomic attack. The House should have
stood Its ground.

[From the Pltteburgh Post Gazette. Nov.

20, 1960)

A OSAMD Illusion?

Serious charges have been made by VB.
Senator Stxphxn M. Youno, Democrat, of
Ohio, against the Office of CivU and Defense
HobUlsation. Describing the Nation's civil
defense program as a "bllUon doUar boon-
doggle." Senator Touno called upon the in-
coming Kennedy admlnistraUon to dismantle
the OCDM.

In an arUcle published In a Wisconsin
magazine, the Progressive, the Ohio Demo-
crat blasted the defense organlaaUon for

following "the muddled, contradictory
course" of advocating bomb shelters and
evacuation as safeguards against mass
slaughter in event of nuclear war.

Mr. TouNQ charged that the etvU defense
program is a grand illusion which has squan-
dered over a billion dollars since 1951 through
poor planning, confused thinking and colos-
sal Ineptitude.

More than 60 percent of funds appropri-
ated to tbe agency. Senator Yot7NG declared,
goes for aslarles and expenses, "much of It to
the hacks and defeated officeholders for
whom the OCDM has become a convenient
and comfortable haven in the poUtlcal
storm."

The Senator wrote; "Instead of having
money to spend on vital programs such as
achools. many communlUea may receive a
screeching siren, a few stretchers, some two-
way radio eqtUpment tor civil defense offi-
cials to play with and an occasional alert to
confuse the citizenry whether in event of a
nuclear attack they should run or hide — or
do both."

The defense of American citlsras, be ob-
served, should be under the direction of
those who know about the problem, the
Armed Forces. Mo civil defense is adequate
and what is needed are: "solid, workable
international agreements to disarm." Sena-
tor Touno maintained.

We would like to see such agreements,
too, but until they are reached there must
be some organization to handle civil defence,
to try and bring order out of the panic which
inevitably would result in event of a nuclear
attack on this country.

Senator Young's accusations against the
OCDM should not be dlsmlrsed lightly, how-
. ever. He has made serious charges which
should be Investigated by the Incoming Pres-
ident and Congress. It wouldn't do any
harm, either, for the Pennsylvania Legisla-
ture to look into the State civil defense
organisation and find out what It has accom-
pUshed.

[From the New York Post, Nov. 27, 1960)
FOLLnS IN thz Srkltxz

The grand Illusion of the nuclear age is
the fantasy that, in a rain of thennonuclear
missiles, a hole In the groiuid wUl provide an
escape. On the basis of this hallucination,
the Office of Civil and Defense Mobilization
has been encouraged to play a frenetic game
of atomic charades which Senator Stkphkm
YouNO. of Ohk>. has now denounced as a
"blUion -dollar boondoggle."

In recent months there have been increas-
ing sounds in Washington indicating dis-
satisfaction with tl>e OCDM's exercises in
futility. But YouNC, unlike some of his
critical oolleagues. is not suggesting that
better holes be built faster or that they be
federally financed or that warning systems
be improved. He faces the basic truth of the
problem. "No elvU defense program," he
says in an article in the current issue of the
Progressive, "will adequately protect our dti-
zenry should war strike." What U needed,
he says, are "solid, workable international
agreements to disarm.'*

Senator Young's statement of the OCDlTt
historic Irrelevancy will not make him popu-
lar with those in high places who limit their
criticism to the OCDM'b inefficiency and ob-
solescence. For example, a report by a House
military subcommittee in July recognised
some of the idiocies of the civil defense pro-
gram as rudimentary and often irrelevant,
but maintained that no effective plan could
be achieved without adequate shelter protec-
tion. It recommended pyderal grants for
construction of modem caves.

The ludicrous, contradictory operations of
the OCDM — on the one hand the mass evac-
uation exercises with picnic ftnaJea, and on
the other a barrage of propaganda on how to
stay put in a do-it-yourself shelter— «re not
only a measure of the confvislon with which

the OCDM and its wooUy-minded bureau-
crats look to the futtire. They also reflect
the general failure of world leadership to
meet the challenge Senator Younc has
stated.

A melancholy sign of the times Is that so
thoughtful a man as Oovemor Rockefeller
has succumbed to the irrational theory tliat
holes are necessary for survival; one inune-
dlate effect of his dlcttim that all new State
buildings must have shelters is that it may
well delay construction of a much needed
hospital In Syracuse and retard the training
of medical students. Possibly this is a minor
inconvenience, but as a recent report by the
Fund for the Republic put It not long ago:
"Once the shelter program is under way, it
will constitute a significant retreat from tbe
Idea of the obsolescence of war."

Senator Young refvises to retreat from this
idea. He says so loudly and clearly. We
wish more of our lawmakers would come out
of their holes and take up the cry.

Admittedly, it is easy to say that OCDM
cannot be written off so long as we confront
an inscrutable, impredictable adversary. We
do not lightly discount the problem. But
neither can we avoid the sense that the
quest for holes In the ground too often serve
as a substitute for the search for even a
limited peace on earth. It is, we Insist, a
burlesque of the human condition to believe
that the OCDM btu-eaucracy offers us any
authentic protection from the great terrors
of our time.

EDUCATIONAL EXCHANGE PRO-
GRAM AGREEMENT BETWEEN
JAPAN AND THE UNITED STATES

Mr. JAVITS. Mr. President, I have
the honor to announce to the Senate to-
day the eonsimimation of a new educa-
tional exchange program agreement,
which was initialed on December 2. of
which we have recently been notified,
between our Government and that of
Japan, acting through Japanese For-
eign Minister Kosaka and American
Ambassador Douglas MacArthur, Jr.

Under the new agreement, the UJ5.
Government will make available 846 mil-
lion yen, or about $2,350,000, to finance
the new U.S. educational exchange pro-
gram. The UJ3. yen funds were de-
rived from the balance of yen deposits
for the construction of U.S. military de-
pendents' housing in Japan pursuant to
the exchange of votes of February 18,
1960, which makes certain stipulations
regarding yen deposits concerning tbe
agricultural commodities agreements
between the United States and Japan.

The significance of this agreement,
Mr. President, is that It win materially
expand the opportunities for Ji^anese
to study in the United States. The new
program will make it possible for 750
Japanese university graduates, lecturers,
research scholars and teachers to be
awarded travel grants in the United
States enabling them to undertake study
and research in the United States dur-
ing the next 3 years.

The agreement wiU also provide op-
pcH-tunities for 150 American graduate
students, lecturers, teachers, and re-
search scholars, to visit Japan during
the same 3-3rear period.

The significance, Mr. President, is
this: Shortly after the student riots in
Japan. Senators may recall, I addressed
myself to tbe Senate, urging that it was
a time for calm and clear thinking in our
reaction to what was going on in Japan,

and urging, as one element of that, to
show our good will to the Japanese peo-
ple we should invite 100 of the non-Com-
munist student leaders involved in the
Japanese student riots to come to the
United States as soon as possible. Sub-
sequent events have shown the view-
p>oint of the Japwinese people gwierally to
be favorable to freedom.

Subsequently, Mr. President. I have
bc?en working upon the matter with the
State Department and with a mimber of
distinguished American foundations. I
now have every expectation that the
fundamental objective which I sought to
attain in my proposal at that time may
be attained by action of the U.S. Gov-
emm«it and through the wise applica-
tion of its policies, without commit-
ting it to the fact that those who study
here will necessarily be non-Commu-
nist student leaders in these riots,
with the understanding that the greater
amplitude now to be given to this pro-
gram is in response to an accepted re-
quirement, in the best interests of our
Government and in the best interests of
the free world, that we expand the op-
portunity for study in the United States
by Japanese university graduates.

I think the initiative which has now
been taken is most f ruitftil and critically
important, and I think it is a matter for
real congratulations to the Governments
of the United States and Japan that this
agreement has now been consummated.
I have every confidence that in the im-
plementation of the program a very keen
look will be taken toward the objective
which I tried to carry through in the
middle of last yeau:, wad that there will
be a real effort to bring into the United
States those who can profit the most
from seeing our free society and our free
institutions in action and those who can
do the most to spread understaiKiing of
these ideas abroad in Japan when they
return.

I ckxe upon this note: It must be em-
phasized that when Commander Perry
sailed into Tokyo Harbor over a century
ago. very deep ties were established with
tbe people of Japan. I hope very much
that we are in the process of restoring
tiiese ties after Japan's tragic aberration
in its aggression in World War II, as I
think it is becoming generally acknowl-
edged throughout our own country that
our current friendship with the Japanese
people stands as an impoilant part of
the structure in the free world which
fortifies us all against the dangers of the
loss of our freedom. Also I believe that
the majority of the Japanese people now
give every evidence of wishing to develop
and cultivate their friendship with the
United States. Therefore It is necessary
for us, in the days ahead, to move in
every way possible with understanding
and good will, as demonstrated by this
agreement.

DR. ROBERT WKAVER

Mr. JAVITS. Mr. President, I notice
with great interest that some question
may be raised by certain at our very
distinguished colleagues about the eon-
firmatton of the appointmoit of Dr. Rob-
ert Weaver, of New York, as HOosing and
Home Finance Administrator. This is
an extremely Important appotntment.

276

CONGRESSIONAL RECORD — SENATE

January 6

and I happen to know Dr. Weaver and
to have worked with him in New York.
Also as he is a Democratic appointee and
both New York Senators are Republicans,
I think, therefore. It would be appropri-
ate for a fellow New Yorker to speak
about his record.

His record In the field of housing Is
one of long experience sind great accom-
plishment, and I think we must regard
this in all fairness as one of those ap-
pointments which, though we on the
minority side will look quite properly
with the greatest care and the greatest
scrupulousness upon each appointment,
it must be considered as an appointment
which is in real essence a high caliber
appointment in this particular field.

Dr. Weaver is vice chairman of the
New York City Housing Redevelopment
Board. Previously he served as New
York State Rent Administrator. Before
that he served as deputy commissioner of
housing for New York.

As head of the HHFA he would be over-
seeing and directing the operations of
agencies dealing with Federal housing,
urban renewal, public housing, commu-
nity facilities, and the Federal National
Mortgage Association. Dr. Weaver is
already thoroughly familiar with many
of these activities, because there is no
State in the Nation with more active
Federal housing programs than New
York.

It Is also pertinent to note that both
the Democratic and Republican plat-
forms have pledged us that there will be
an elimination of discrimination in
housing. So the fact that Dr. Weaver
has been active in the NAACP, an organ-
ization with which he has been long as-
sociated, should not be considered as a
dlBQuallflcatlon, but rather as an added
qualification, for the post to which he has
been named.

I speetk entirely as a New Yorker, and
one who knows Dr. Weaver, and, there-
fore, as one who has a right to testify as
to his character and competence, with-
out regard to the fact that other Sena-
tors may raise certain questions, which
they have a right to raise, as bearing
upon his confirmation. But I think it Is
(mly fair that the Ricord should
show his experience and his high charac-
ter as we know It in New York.

I ask unanimous consent that there
may be included as a part of my remarks
an article on his backgroimd appearing
In the New York Times headed "A Oenial
intellectual— Robert Clifton Weaver."

There being no objection, the article
was ordered to be printed in the Record,
as follows:
(From the New York Times, Dec. 31. 1060]

a oxnial intkllxctdal — robxbt clifton
- Wkavcr

Wheu the New Deal express rocured into
Waslilngton in 1933, Robert Clifton Weaver,
a young Harvsird-trained economist, was on it.

He was one of the first of a group of Ne-
groes— later called the Black Cabinet by the
Negro press — recruited by the Roooevelt Ad-
ministration. Most of them, like Dr. Wea-
ver, were described as race relations advisers.
Their mission was to seek to resolve the com-
plex racial problems confronting the depres-
sion-era Oovemment In such fields as hous-
ing, education, and employment.

In those days racial segregation and dls-
erlmlnaUon were as entrenched In the Na-

tion's Capital as In the rest of the country.
And Negroes were largely excluded from ot
segregated In Federal agencies, services and
programs.

TBKT wxax TOXrOH

But Dr. Weaver and the other race rela-
tions specialists operating In various Federal
agencies proved to be tough-minded and re-
sourceful foes of the status quo.

Employing patience, persuasion, moral
preachment, logic, and the right cussword
at the right time, they saw to It that Ne-
groes won a rightful share of the public
housing, public assistance, and other bene-
fits being dispensed by the New Deal.

In short, their efforts laid the groundwork
for what has become an almost completely
Integrated Federal Government operating al-
most completely integrated programs.

Dr. Weaver's own selection for the Nation's
top housing post yesterday by President-
elect John P. Kennedy Illustrates how far
Negroes have come since the depression years.

By tbe time he left Washington in 1944,
Dr. Weaver, a genial Intellectual, was re-
garded as the most Influential Negro In the
Federal Government. _

nasT Aroxo ickxs

He began In 1933 as an aid to Interior Sec-
retary Harold L. Ickes. He later served as
special assistant in such agencies as the
Housing Authority, the Housing Division of
the Works Progress Administration, the Na-
tional Defense Advisory Commission, the
War Production Board, and the War Man-
power Commission.

This broad Federal background In housing,
his later service as State rent administrator
in the Harrlman administration — the first
Negro to hold a cabinet-level in the State
government — his service as a member of the
city's housing and redevelopment board and
his writings and research have combined to
make blni one of the country's outstanding
hoiising experts.

Dr. Weaver, a liberal, has long been as-
sociated with the National Association for
the Advancement of Colored People and
other civil rights groups. He has been
NAACP national chairman for the last
year.

Although a civil rights crtisader for three
decades, he feels that the best way for Ne-
groes to achieve equal opportunity is to
"fight hard— and legally — and don't blow
your top."

Dr. Weaver Is convinced that housing seg-
regation is the basic cause of much segrega-
tion In schools and other areas. He has been
a strong advocate of a Presidential Execu-
tive order banning segregation In all Federal
aided housing.

Dr. Weaver, a heavy-set chain smoker
who hates exercls-^, loves reading and tink-
ering around the house — he once held an
electrician's license — will be going home
when he returns to Washington. He was
born there in 1907, the son of a postal clerk.

His wife, the former Ella Halth, is an as-
sistant professor of speech in Brooklyn Col-
lege. They live in a spacious apartment at
295 Central Park West. They have an
adopted son. Robert, Jr., now 19.

Dr. Weaver, who received his doctorate at
Harvard, numbers among his close friends
another well-known Washington figure. Dr.
Ralph J. Bunche, who once taught at How-
ard University there. Dr. Weaver Is the
auth(»- of two books, "The Negro Ghetto,"
a study of housing problems published in
1948, and "Negro Labor: A National Prob-
lem," a discussion of employment discrim-
ination, published in 1946.

THE CUBAN SITUATION

Mr. MORSE. Mr. President. I ask
unanimous consent that there may be
printed in the body of the Record an
article entitled. "On the Art and Wisdom
of Slamming Doors," by the very able

Journalist. James Reston, concerning the
Cuban situation, appearing in this morn-
ing's issue of the New York Times.

There being no objection, the article
was ordered to be printed in the Rzcoro,
as follows:

On th« Aar and Wisdom of Si^ammino Doobs
(By James Reeton)

Washington. Jan. 8 — President Rlsenhowar
at least left Cuba with a bang. He finally
told off his tormentors and slanuned the
door on his way out. It was a grand exit
which made the pictures dance on the waU
and rattled old Fidel's back teeth, and his
country obviously loved it.

In fact, the reactior. In the United State*
to the break In diplomatic relations was al-
most as dramatic as Ike's last hurrUi. Most
papers decided that the President had no
other alternative. Some called It "Inevit-
able" and the News in New York concluded
that "All Americans except the local Reds
and their dupes wm applaud this decisive
action."

Well, maybe so. but Americans have been
arguing about Cuba and diplomatic relations
ever since the State Department was founded,
and If everybody is now suddenly going to
agree on these questions, it will be the first
time in our history.

For over a hundred years, this country as-
sumed that It should maintain diplomatic
relations with forttgn governments regard-
leas of how they came to power or how they
conducted their aCalrs or what they said
about the United States.

For example. Thomas Jefferson, the flret
Secretary of State, thought the only test
for maintaining diplomatic relaUons was
whether the government concerned was run-
ning the store. He put It a little more ele-
gantly: "The will of the nation [Cuba] la
the only thing essentUl to be regarded."

Incidentally, he had a simple solution for
the Cuban question. He thought maybe we
should annex it. and John Qulncy Adams, his
successor at the State Department, was afraid
Cuba would fall under the Influence of a
hostile foreign power, and also flirted with
annexation.

It was only when Woodrow Wilson arrived
on the scene with his moral approach to
foreign policy that the United Statea began
granting or withholding or withdrawing
recognition In accordance with whether we
approved of the way the government con-
cerned came to power or spoke and acted.

Thus, it can be argued that Slsenhower's
action was right or wrong, wise or unwise,
but It cannot be argued on the basis of
American history that it was Inevitable.

The argument for the break was that Cas-
tro had gone well beyond the bounds of
proper diplomatic procedure and that, if we
had tolerated his Insxilts and permitted him
to reduce our mission in Havana to 11, we
would not only have had an Ineffective mis-
sion but would have debased the whole
procedure of decent diplomatic Intercoxirse
and weakened ourselves In the eyes of other
countries.

Another argument for the break was that It
encouraged other American Republics to do
the same and thus promotes the isolation of
Castro in this hemisphere.

There were, however, arguments on the
other side. The break makes It more difficult
to get out of Cuba the antl-Castro Cubans
who may one day organise his defeat. It re-
moves the embassy as a source d accurate
information and a rallying point for Castro's
opponents. It limits Kennedy's freedom of
action 16 days hence when he has to deal
with the Cuban problem. And, of course. It
encourages the popular view In this coun-
try that an American Embassy is sort of a
badge of our approval of the government
concerned or a reward for good conduct.

In the modem world, however, this is not
what an embassy Is. We maintain embassies
In other countries not because we approve of

1961

CONGRESSIONAL RECORD — SENATE

what goes on In thoee countries but because
we live on the same planet with them and
either have to ren^in in contact with them
or at least watch what they are up to. This
Is why we remain in Moscow and many
other places run by governments we do not
approve.

Among other reasons, we have ambassa-
dors abroad for the same reason that we
have soldiers on constant patrol along the
Iron Curtain: We want to know what's go-
ing on: and the more hostUe the enemy Is,
the more wc patrol night and day.

The real test In the Cuban case Is not
whether slamming the door makes Ike feel
better, but whether it promotes the Interests
of the United States. Maybe It wlU, but
obviously Castro did not think so. He pro-
voked and presumably wanted tb« break, but
it is Kennedy and not Klsenhcwer who must
now deal with the consequences.

Mr. MORSE. In this column Mr. Res-
ton sets forth the arguments which are
advanced for the breaking of diplomatic
relations with Cuba and those advanced
against the breaking of diplomatic rela-
tions with Cuba.

After listening to the briefing of repre-
sentatives of the State Department on
this matter in the Foreign Relations
Committee this morning. I stand on
every word of my observations in the
speech I made day before yesterday on
the subject matter. I particularly but-
tress It with the final paragraph in the
Reston article in which he said:

The real test in the Cuban case is not
whether slamming the door makes Ike feel
better, but whether it promotes the Interests
of the United States. Maybe it wUl, but
obviously Castro did not think so. He pro-
voked and presumably wanted the break,
but It is Kennedy and not Bsenhower who
must now deal with the consequences.

277

COUNT OP ELECTORAL VOTES-
JOINT SESSION OF THE TWO
HOUSES

The PRESIDING OFFICER. Is there
further morning business?

Mr. MANSFIELD. Mr. President. I
suggest the absence of a quorum.

The PRE8IDINQ OFFICER. The
clerk will call the roll.

The legislative clerk proceeded to call
the roU.

Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the order for
the quorum call be rescinded.

The PRESIDING OFFICER. Without
objection, it is so ordered.

Mr. MANSFIELD. Mr. President, I
move that the Senate stand in recess
until the conclusion of the activities cen-
tering on the joint session in the Hall of
the House of Representatives.

The PRESIDING OFFICER. The
Parliamentarian informs the Chair that
the Members of the Senate will go to the
Hall of the House of Representatives and
act as the Senate itself, and that the
Senate does not normally stand in recess
during the counting of the ballots.

Mr. MANSFIELD. Mr. President, I
move that the Senate return to Its
Chamber at the conclusion of the cere-
monies in the HaU of the House of Rep-
resentatives for the conduct of Senate
business.

The PRESIDING OFFICER. The
question is on agreeing to the motion of
the Senator from Montana.

The motion was agreed to; and (at 11
o'clock and 47 minutes p.m.) the Sen-
ate, preceded by the Secretary (Peiton
M. Johnston), the Sergeant at Arms
(Joseph C. Duke), the Vice President,
and the President pro tempore, pro-
ceeded to the Hall of the House of Rep-
resentatives for the purpose of counting
the electoral votes for President and
Vice President of the United States.

(See the Congressional Record of to-
day for the proceedings in the House of
Representatives in connection with the
coimting of the electoral votes.)

(At 1 o'clock and 52 minutes p.m., the
Senate returned to Its Chamber.)

Mr. HUMPHREY. Mr. President. I
suggest the absence of a quorum

The PRESIDING OFFICER (Mr.
MANsniLD in the chair). The clerk will
call the roll.

The legislative clerk proceeded to call
the roll.

Mr. HUMPHREY. Mr. President, I
ask unanimous consent that the order
for the quorum call be rescinded.

The PRESIDING OFFICrER (Mr.
Blakley in the chah-) . Without objec-
tion, it is so ordered.

Mr. HUMPHREY. Mr. President, I
was under the impression that certain

Senators wished to introduce bills and
submit resolutions, even though the
morning hotu* has passed.

RESULTS OF COUNTING OF ELEC-
TORAL VOTE

Mr. HAYDEN. Mr. President, on be-
half of the Senator from Nebraska [Mr
Curtis] and myself, as tellers on the
part of the Senate, and Representotives
Kelly and Bolton, as tellers on the part
of the House of Representatives. I report
the results of the ascertaiimient and
counting of the electoral votes for Presi-
dent and Vice President of the United
States for the term beginning January
20, 1961, and ask unanimous consent that
they be printed in the Rbcord.

There being no objection, the report
was ordered to be printed in the Record,
as follows:

The undersigned, Carl Hatdck and Cabl
T. Cmns. tellers on the pert of the Senate.
Edna P. K«llt and PaANcn P. Bolton,
tellers on the part ot the House of Repre-
sentatives, report the following as the re-
sult of the ascertainment and counting of
the electoral vote for President and Vice
President of the United SUtes for the term
beginning on the 20th day of January, 1961.

RlMS

toral
votes

of each
Rtato

For President

- - —

For Vice President

emm

JobnF.
Kennedy
ofMassa-

cbusetU

Riebard
M.

Nixon.

ofCaU-

fornia

Harry F.
Byrd, of
Virginja

Lyndon
B. John-
son, of
Texas

Henry

Cabot

Lodge,

ofMasMi-

cbusette

Strom
Thur-
mond,
of South
Carolina

Bamr

Gold-

water, of

AriBoua

.\ktbuina

II
3

4
8

e

•

8

3
10
12

3

4

tf
U
M

8
10
10

5

9
1«
20
11

8
13

4

6

3

4

M

4

4«

14

4

2»
8
6
32
4
8
4 .

11 .
24

4 .
3 .

12 .
9 .
8

12 .
3 .

£

6

6

«

Alasks

3
4

3

■4

Ariaons •_

Arkansu

8

8

Colorsdo

Connecticut

8"

3

8

8

3

88
8

.....»••.«

••»•.•••••

IVUiwarc .

: :::".-l:::::-:-

(itOtfin

ii'

3

io

..»

12"

3

10

——-....

Hawaii „

— — "*•

Muho ........ . .

4

4

-^

llUnote

37

37

■•"—-—

Indians

13

10

8

1«

U

10

8

M

""••■••-""

— -" — -

Iowa ..... ......

KansM

"■"■"*•"""

KriUacky .,,

I>oui8iana

10

io

Maine

6

6

■■■■■"■■""•

Msrylsnd

•

1«
20
11

5"

9
18
30
11

MssMKfaosstU

Mtdiifsan

■"•••——

MIWIMOtS

MMMippi

8

8

Missouri

13

T • T ■ W ■ ■■

Montsns

4
•

4
8

i'

..........

•""""•"•"•

Nehrsska

"•""■•••••

Nevada

3

....

3

New Hampshire

4

.New Jersey ..

l«

4

46

14

IS

4

46

14

New Mexioo. . ..

.New York _..

Nortli Carolina ....„..._...

mi. ■.j.aa. ■.<..>«

.North Dakota

4

4

38

7

8

—

"""■■***"

Ohio

25
7

6

"••••"•■■"•

Oklahoma

1

1

Oreiron

I'ennfiylvaBia .

32
4
8

32
4
8

■•*•*■""■••

Rhode Island ..............

■*"■"*"**

South Carolina ^

..........

***"**""**

South DakoU

4
11 .

4
11

Tennessee ..... ...

""*■•"•"""

Texas

24

M

Utah

4 .
3 .

12 .
9 .

u' ;

3 .

4
3

18

9

12"

8

.»•»•...

Vermont

......

Virdnia

*"""*** "*

Wa^imrton _

i"

..........

West V^irrlnts

Wisconsin

8 .

Wyoming ,

1

. ..

Total

887

308

219

16

303

219

u

1

OAB. HATXNOr,

OssL T. Omtns.
Tellers on the Part of the Senate,

PaaifCB P. BoLTOw,
Edna F. Kkllt,
Tellers on the Fart of the He
Refresentativet.

■/

278

CONGRESSIONAL RECX>RD — SENATE^

January 6

TlM state of the vote tor President of the
United States, as delivered to the President
of the Senate. U as follows :

The whole number of electors appointed to
▼ote for President of ths United Is S37, of
which a majority Is 369.

Jolin F. Kennedy, of the State of Massa-
chusetts, has received for President of the
United States 303 votes;

RicRABO M. NxKOM, of the State of Califor-
nia, has recelTed 319 votes;

Haxbt p. Btmd. of the State of Virginia, has
received 16 votes.

The state of the vote for Vice President of
the United States, as delivered to the Presi-
dent of the Senate, is as follows:

The whole number of the electors ap-
pointed to vote for Vice President of the
United States is 587, of which a majority is

Lthdom B. Johnson, of the State of Texas,
has received for Vice President of the United
Stat498 303 votes:

Henry Cabot Lodge, of the State of Mas-
sachtisetts, has received 910 votes;

Stbom Trttrmond, of the Stats of South
Carolina, has received 14 votes.

BABav OoLDWATsa, of the State of Arisona,
has received 1 vote.

This announcement of the state of the vote
hy the President of the Senate shall be
deemed a sulDolent declaration of the persons
elected President and Vice President of the
United States, each for the term beginning
on the 30th day of January 1961. and shall
be entered, together with a list of the votes,
on the Journals of the Senate and House of
Representatives.

AMENDMENT OP CLOTURE RULE

The PRESIDINa OPPICE21. The
Chair lays before the Senate the un-
finished business, which will be stated by
the clerk.

The LiGisLATivi Clerk. A resolution
(8. Res. 4) to amend the cloture rule by
providing for adoption by a three-fifths
vote.

The PRESmiNO OFFICER. The
question is on agreeing to the Humphrey-
Kuchel amendment.

Mr. HUMPHREY. Mr. President, as I
understand the parliamentary situation,
the business before the Senate is the
Humphrey -Kuchel amendment to Sen-
ate Resolution 4.

The PRESIDING OFFICER. Senate
Resolution 4 is now before the Senate,
and the question is on agreeing to the so-
called Humphrey-Kuchel amendment.

Mr. HOLLAND. Mr. President, I am
ready to speak briefly on the pending
btisiness ; but I certainly wish to yield to
any Senator who has other matters to
submit, such as the introduction of bills
or requests that certain matters be
printed in the Congrissional Rscord,
or anything of that sort, if any there be.

However, apparently no Senator
wishes to bring such matters before the
Senate at this time.

Mr. President, the pending measure is
an attempt to amend rule XXn of the
Senate rules, which has existed, in one
form or another, as to its sections that
relate to cloture of debate, since the days
Just prior to the First World War.

I think perhaps it might be Interest-
ing to review the rules of the Senate, a«
they apply to debate, as to the time that
may be consumed by Senators and as to
the privileges of Senators during debate.
I think it may be worth while to review

that subject quite briefly at this time. In
order to show, among other things, that
the rule XXII cloture provlalon which
requires a two-thirds vote of the Senator*
present and constituting a quonim. be-
fore a measure may be brought to im-
mediate consideration, and with further
debate, except in a limited way, dispensed
with — is not out of accord with the rules
and the practice of the Senate, but Is. in-
stead. In strict accord with the rules,
practice, and traditions of the Senate
for a long, long period of time.

Mr. President, the rule of the Senate
which has to do with debate la rule
Xrx. There are several paragraphs. Nos.
1 to 7. in that rule, but I shall read only
paragraph 1. which states the general
rule of appearance of Senators upon the
floor to participate in debate. Para-
graph 1 of rule XIX reads as follows:

When a Senator desires to speak, he shall
rise and address the Presiding Officer, and
shall not proceed until he Is reoognlaed, and
the Presiding Officer shall recognize the
Senator who shall first address him. No
Senator shall interrupt another Senator In
debate without his consent, and to obtain
such consent he shall first address the Pre-
siding Officer, and no Senator shall speak
more than twice upon any one question In
debate on the same day without leave of
the Senate, which shall be determined with-
out debate.

Mr. President. I think it is reasonably
clear, from a consideration of paragraph
1 of rule XIX. that the rules of debate
In the Senate are clearly laid down there-
in, and that it is very clear that a Sen-
ator, having received the recognition of
the Presiding Officer, may proceed with-
out being interrupted, without his con-
sent, and can speak at least twice upon
any one question in debate on the same
day without leave of the Senate. On the
matter of what constitutes a day, I
should say that numerous rulings have
held, and the Senate practice as pre-
scribed by other rules is to the effect,
that a legislative day does not mean the
same thing as a calendar day, and that
when the Senate recesses from day to
day. the legislative day continues imtil
there has been an adjournment.

Under rule XEX of the Senate, there-
fore, which has existed for a long, long
time, a Senator, when recognized, may
debate, without his infracting the rules
of ordinary decency and procedure and
courtesy — and those matters are dis-
cussed in later paragraphs of rule XIX —
as long as he wishes to do so. Likewise,
he may discuss the same subject matter
twice in any legislative day so long as the
same measure is pending.

ORDER OF BUSINESS

Mr. DIRKSEN. Mr. President, will

the Senator yield?

Mr. HOLLAND. I gladly yield to the
Senator from Illinois.

Mr. DIRKSEN. I should like to ask
the majority leader whether or not any
action is contemplated this afternoon, or
whether the Senate can be informed that
there will be nothing except speeches
emd that after any Senator who wants
to occupy the Senate floor has had an
opportunity to do ao, the Senate will
adjourn.

Mr. MANSFIELD. Mr. President, will
the Senator from Florida yield to me?

Mr. HOLLAND. I yield.

Mr. MANSFIELD. For the informa-
tion ef the Senate. I wish to state that.
Insofar as I know, after having asked
some questions aroimd the Chamber,
there will be no btisiness of any real
coiisequence as it relates to votinug this
afternoon. I would hope, however, that
Senators who have speeches to make, and
are ready to get them off their chests,
will do so.

On that basis. It is believed we shall
be able to adjourn at a reasonable hour
tonight until 13 o'clock noon Monday.
I will even go so far as to give the assur-
ance to Members of the Senate that
there will be no voting this afternoon,
insofar as the majority and minority
leaders can control it.

Mr. DIRKSEN. I thank the majority
leader, and I thank the Senator from
Florida.

Mr. MANSFIELD. I thank the Sen-
ator from Florida for yielding.

Mr. HOLLAND. I was very glad to
yield.

AMENDMENT OF CLOTURE RULE

r ^The Senate resumed the consideration
of the resolution (8. Res. 4) to amend
the cloture rule by providing for adop-
tion by a three-fifths vote.

Mr. HOLLAND. Mr. President, I have
already stated that rule XIX. in its first
paragraph, prescribes the general rule
for debate, which covers the appearance
of Senators upon the floor of the Senate,
covers their recognition, allows them to
speak without Interruption unless they
grant leave to be interrupted and to
speak for as many as two times on a
subject on a legislative day; and a legis-
lative day has repeatedly been held to
nm beyond a calendar day and up imtil
the time of an adjournment of the
Senate.

The other rules that have to do with
debate, Mr. President, are In the nature
of rules to suspend or to limit or to affect
in some special way the general rule of
debate stated as rule XIX, which I have
already read into the Rkcoro.

Mr. President, rule XXH in its cloture
provision includes the two-thirds vote re-
quirement, and that two-thirds vote is
required before the general rule of the
Senate which I have already read can be
so changed and affected as to cut off de-
bate, after a small period of time follow-
ing the adoption of the cloture measure,
by two- thirds of the Senate or more.

Instead of being an unusual provision,
that two-thirds provision is in strict ac-
cord with other provisions in the Senate
rules and in the Senate practice; and it
la on that subject that I wish to dwell
briefly here this afternoon.

First, rule X, Mr. President, which is
the rule for making a special order of
buslhess out of a matter coming before
the S^iate, is found cm page 11 of the
Senate Manual, and I quote only par-
tially from it and only a i>art of para-
graph 1, which reads as foUows:

Any subject may, by a vote of two-thirds
of the Senators present, be mad* a special
order; and when the time so flaad for Its

1961

CONGRESSIONAL RECORD — SENATE

279

consideration arrives the Presiding Officer
shall lay It before the Senate,

And so forth. That is a suspension or
change in the normal manner of the pro-
cedure of the Senate in taking up matters
which are before it or can be brought
before it.

The point I make in referring to that
rule is to invite attention to the fact that
a two-thirds vote of the Senate is pro-
vided as the test before any special order
can be made, before the rules may be so
changed in their application to the cal-
endar of the Senate or to matters which
may be brought before the Senate as to
address the attention of the Senate to
that particular measure so picked up and
made a special order. Provision for a
two-thirds vote is a part of the Senate
rules and has been for a long, long time.
It is found in rule X, and is but one of
the several provisions to which I shall
refer.

I have heard of no one objecting in
any way to the fact that a two-thirds vote
is required for a matter which may be
even as Incidental as that; namely, to
pick up some item of present interest
and ask that it be set down for special
consideration and made a special order
at a particular time.

Mr. President, rule XVI deals with
legislation on appropriation bills and
prescribes generally the conditions under
which appropriation bills f-hall be con-
sidered and passed during the debates
of the Senate. There is, of course, the
provision which bans the bringing up of
new legislation as a part of an appropri-
ation bill, except subject to very special
rules which are engrafted upon the rules
of the Senate by the provisions of rule
XVI, which I shall not read into the
Record, because they are mere details.
In order to have general legislation, new
legislation, engrafted upon an appropri-
ation bill. Mr. President, it is necessary
that either those sr>ecial conditions,
which are rather drastic, be met, or that
the matter be held to be subject to a
point of order, so that it may be knocked
out by a ruling of the Chair or upon a
point of order made by any Senator.

Mr. President, this provision of rule
XVI is. of course, subject to rule XL of
the Senate, which is the provision for
suspending the rules, because when a
rule is pr(H>oeed to be suspended in order
to allow the bringing of general legisla-
tive matters into an appropriation bill
one must turn to rule XL for the provi-
sions of the body of rules as to suspen-
sion. That rule, which is entitled "Sus-
pension and Amendment of the Rules."
provides:

No motion to suspend, modify, or amend
any ryUt, or any part thereoT, shaU be In or-
der, except on 1 day's notice In writing, speci-
fying precisely the rule or part proposed to
be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended
without notice by the tinanimous consent of
the Senate, except as otherwise provided In
clause 1, rule xn.

Mr. President, it is no news to the Sen-
ate, of course, that a rule may be sus-
pended by imanimous consent, but the
provision to which I wish to address my-

self in rule XL is the first sent^ice,
^^chsays:

No nK>tlon to siupend, modify, or amend
any rule, or any part thereof, shall be in or-
der, except on 1 day's notice In wrlUng,
specifying precisely the rule or part proposed
to be suspended, modified, or amended, and
the purpose thereof.

That provision has been proceeded un-
der many times on the floor of the Sen-
ate. The question came up long ago as
to what number of votes or what per-
centage of votes should be required when
the rule has been otherwise observed, by
the filing of a written notice of 1 day,
when the time comes for the calling up
of the motion to suspend the rule. The
Senate has on so many occasions ruled
that a two-thirds vote is required to sus-
pend the rule that I do not wish to detain
the Senate unduly by bringing into the
Record all of the cases in which that de-
cision has been announced or followed.
As a matter of fact, there have been 20
such cases since the year IfllS.- For ref-
erence of other Senators, I invite atten-
tion to the fact that they will find these
cases as note 19 on the bottom of page
568 of the excellent book on Senate Pro-
cedure which has been compiled by the
distinguished Parliamentarian at the
Senate and his distinguished associate.

Mr. President, the general statement
made by the two Parliamentarians of the
Senate, who collaborated in the drafting
of this book, is under the head "Vote Re-
quired." meaning the vote required to
suspend the rules, and is found at the
top of page 568. It says this:

The Standing Rules of the Senate may be
amended by a majority vote, but a two-thirds
vote of the Senators present, a quorum being
present, is required for their suspension, in-
cluding suspensions for the purpose of pro-
posing legislative amendments to general ap-
propriation bills.

Mr. President, I think that is so clear
a statement of the state of the rules,
as well as of the state of the practice of
the Senate, that it does not need to be
repeated. I wish to have the record
show, \tj. may, first, that under the note
stated b^ the editors of the book to which
I have referred it is shown that since the
year 1915 there have been 20 incidents
of the afllrmatlon of the following of
that rule requiring a two-thirds vote for
suspension of the rules of the Senate.

I think it might be profitable at this
time to read into the record two series
of excerpts from the Congressionai. Rec-
ord; one from the year 1915, when the
Senate affiimed a rule that a two -thirds
vote was required to suspend the rules,
and the other a quotation in part from
the Record of June 26. 1916, and the
days following, which shows the same
genera! course followed.

Mr. President, first, as a predicate for
the reading from the Record of 1915, I
wish to state that the Senate under rule
XL has the power to suspend a rule
pursuant to a notice without the refer-
ence of such notice to the Committee on
Rules and Administration. Secondly,
where such a notice was referred to the
Committee on Rules and Administration,
the report of the conunittee, upon objec-

thm, must lie over 1 day under the rule.
Lastly, suspension of the rules requires
a two-thirds vote.

These are the historic recitals of the
consideration of the matter, in which
the Senate itself by a rollcall vote af-
firmed the requirement of a two-thirds
vote before a rule could be suspended,
affirming that the rule was a part of
the Senate procedure.

On January 11, 1915 — 63d Congress.
3d session. Record page 1357, Senate
Journal, page 52 — during the considera-
tion of HH. 19422, the District of Co-
lumbia appropriation bill for 1916, Mr.
Morris Sheppard. of Texas, submitted a
notice in writing, which was read, that
he would move to suspend paragraph 3
of rule XVI of the Standing Rules of the
Senate lor the purpose of proposing to
the bill a certain amendment set out in
his notice.

On January 12 — ^Record, page 1382;
Journal, page 53— Mr. Sheppard made
such motion pursiiant to his notice, and,
in reply to an inquiry by Mr. Reed
Smoot, of Utah, if he expected to refer
the proposed motion to the Committee
on Rules, stated that such reference was
not required by the rules.

Mr. Hoke Smith, of Georgia, made the
point of order that the rules could not
be modified in that way; that the pro-
posed modification ought to be referred
to the Committer on Rules for a report
from that committee.

Mr. Sheppard cited a precedent of
March 2, 1861.

The Vice President. Mr. Thomas R.
Marshall, of Indiana, overruling the
point of order, said:

The Chair is ready to rule. Under rule
Xli the Chair is of the opinion that the Sen-
ate has the iinqualified power In accordance
with this notice to suspend the rule if it
chooses to do so. If it does not choose to
do so, the proper procediu^ is to move to
refer the notice to the Committee on Rules.

Mr. Smith then moved that the notice
be referred to the Committee on Rules,
which was agreed to — ^yeas, 37; nays, 34.

Later, on the same day — ^Record, page
1395 — ^Mr. Lee S. Overman, of North
Carolina, chaiiman of the Committee on
Rules, reported the motion favorably
and recommended that for the purpose
named and the consideration of the
amendment proposed by &fr. Sheppard
and all amendments thereto, paragraph
3 of rule XVI be suspended.

Mr. Sheppard having moved the adop-
tion of the report, Mr. Henry Cabot
Lodge, of Massachusetts, asked that the
r^x)rt lie over for a day. The Vice Presi-
dent ruled that a motion to proceed to
the consideration of the report was in
order, whereupon Mr. Smith made such
a motion.

Mr. Lodge then made the point of
order that the report should lie over 1
day, citing section 2 of rule XXVI, as
follows:

All reports of committees and motions to
discharge a committee from the considera-
tion of a subject, and all subjects from which
a conunittee shall be discharged, shall He -
over 1 day for consideration, unless the Sen-
ate by unanimous consent shall otherwise
direct.

to

280

CONGRESSIONAL RECORD — SENATE

Jamiary 6

1961

l\

Mr. Smith withdrew his motloii. Itx.
James K. Vardaman, of Missisalwi, con-
tended the motion was in order at that
time. He said:

It aeenu to m« the Senator from Texas haa
a light to Insist upon the consideration of
the motion at this time. It Is offered as an
amendment, and he has given notice that he
will offer It. He haa compiled with the rules
of the Senate. The Committee on Rules has
reported, and rei>orted favorably. I Insist
that It Is the Senator's right to have the
matter considered now, and that too, with-
out regard to the report of the conunlttee.
Rule XL Is very clear, and to my nUnd there
Is no room for doubt or question as to the
course which the amendment offered by the
Senator from Texas should take.

The Vice President, holding the report
must go over, said :

There can be no doubt that under the sec-
ond clause of rule ZXVI, which had escaped
the memory of the Chair, the report of a
committee, upon objection cannot be con-
sidered today. It must go over until to-
morrow.

On January 13, 1915 — Record, pages
1503-1513 — ^when the unfinished busi-
ness, the District of Columbia appro-
priation bill, was laid before the Senate
at 2 o'clock, Mr. Sheppard moved that
the Senate proceed to the consideration
of the report of the Committee on Rules.
for the purpose of presenting his pro-
posed amendment to the appropriation
bill: whereupon the Vice President made
the following ruling:

The Chair on yesterday, not having re-
membered section 2 of rule XXVI, which
provides that — "all reports of committees
and motions to discharge a committee from
the consideration of the subject, and all
subjects from which a committee shall be
discharged shall Ue over 1 day for considera-
tion, unless by unanimous consent the Sen-
ate shall otherwise direct • • •."

Inadvertently, In the first Instance, held
that the re;>ort went to the calendar upon
objection. The Chair was led Into that error
by clause 4 of rule XIV, which applies simply
to bills and Joint resolutions and does not
apply to a report of the Committee on Rules.
The Chair, therefore. Is of the opinion that
the report of yesterday came over to be
handed down today during the morning
ho\ir, but the morning hoxu: was consumed
In the consideration of a previous resolution
coming over from a preceding day. Mean-
time the unfinished business was laid before
the Senate; but the Chair has now no doubt
that. In accordance with the rules of the
Senate, the Senator from Texas has a perfect
right to move to proceed to the considera-
tion of the report of the Committee on
Rules.

The question before the Senate la there-
fore. Will the Senate proceed to the consid-
eration of the report of the Committee on
BiUes?

In reply to a parliamentary inqiiiry by
Mr. Ollie M. James, of Kentucky, as to
whether the motion was in order after
2 o'clock the Vice Piesident said:

The Chair holds that at any time the Sen-
ate has a perfect right, upon motion, to take
up any matter that is upon the calen-
dar. * * * In accordance with rule IX It
(the motion) must be decided without de-
bate.

After a quorum call, the Vice Presi-
dent withdrew the statement Just made
that the motion was not debatable, stat-
ing that upon an examination of rule

IX be found the rule referred to motions
made prior to 2 o'clock, and not after 2
o'clock.

Mr. William J. Stone, of Missouri, took
the position that the rules of the Senate
could be suspended by unanimous con-
sent, but that it had not been the prac-
tice of the Senate to suspend the opera-
tion of its rules on motion.

Mr. Sheppard, in supporting his mo-
tion, said:

There is nothing revcdutlonary about this
proceeding. I have followed strictly one of
the rules of this body, rule XL, which pro-
vides that "no motion to suspend, modify,
or amend any rule, or any jmrt thereof, shall
be In order, except on 1 day's notice in writ-
ing, specifying precisely the rule or part
proposed to be suspended, modified, or
amended, and the purpose thereof."

Mr. President, this is not the first time
rule XL has been Invoked. On March a, 1861.
when the Democrats were In control of the
Senate, the same question was raised. The
right of the Senate was sustained to suspend
the rules by a majority vote.

One of the Senators In opposing the mo-
tion to suspend the rules U£ed almost the
exact language that has been employed by
the Senator from Missouri here today. Mr.
Hale said, after the motion had been read:

"I do not wish to Interpose any objection,
but I want to maintain the rights of the
minority of the Senate. It Is the flrst time.
I think, I ever knew a motion made here to
suspend the rules."

The Senator from Missouri says he thinks
this motion of mine is the flrst attempt;
evidently it is not. Mr. Hale continued:

"I do not know of any provision by which
we may suspend the rules. Ordinarily, when
we undertake to do anything contrary to
the rules of the Senate. It Is done by unani-
mous consent. We have by resolution sus-
pended the Joint rules, but the rules of the
Senate are imperative; and there Is no pro-
vision in our rules, as there is In the Rules
of the House of Representatives, by which
they may be suspended."

After a long debate It was decided by a ma-
jority of the Senate that the rules might be
siispended in this way. The very rules the
Senator from MisEOurl eulogized so en-
thusiastically have been followed in this
case and strictly followed. The motion was
presented in writing, laid over a day. and
then by a vote of the Senate it was referred
to the Committee on Rules, one of the great-
est committees of the Senate, a committee
that nimibers in its membership some of the
most prominent and gifted Members of this
body. That committee, by a majority vote,
has reported to the Senate that the motion
should be adopted, and I have no fear, there-
fore, Mr. President, of the result.

Mr. Gilbert M. Hitchcock, of Nebraska,
while agreeing to the proposition that the
motion to suspend the rules was in order,
made the point of order that the sus(>en-
sion of the rules should be In accordance
with parliamentary precedent by a two-
thirds vote and only by a two-thirds
vote, as followed by the House oLRepre-
sentatives. ^

The Vice President held that the point
of order was prematurely made, that
after the question of proceeding to the
consideration of the report had been de-
termined and the report was before the
Senate, he would make some observations
on the point of order.

Mr. Albert B. Ciunmlns, of Iowa, sup-
ported the proposition that Mr. Shep-
pard had a right to make the motion
lukler the rules of the Senate; that it

was the duty of the Senate to consider
the motion under the rules: and that If
the Senate refused to take up the r^;>ort.
Mr. Sheppard was denied an absolute
right which he had under its rules,
namely, the right of moving to suspend
a particular rule upon giving a specified
notice.

Mr. Sheppard's motion was agreed to
by a vote of 49 yeas. 23 nays, and he
thereupon moved the adoption of the
report.

At that stage I Interpolate that aa
the result of the vote, the report was
taken up, and the Senate then was to
consider the matter covered by the re-
port and the motion upon which that
report was based.

The Vice President then submitted
Mr. Hitchcock's i>oint of order to the
Senate for decision. I believe the point
the Senate must recognize in looking at
this precedent and the others that follow
is that in 1915, when it reached the point
which we have reached now in referring
to that historic debate, the Senate real-
ized that rule XL. while it permitted a
suspension of the rules, did not by Its
own terms provide by what vote the rule
was to be suspended, and that It was
necessary to have some determination
by the Senate itself as to what vote was
required.

Here is the statement made by the
learned then Vice President. Mr. Thomas
R. Marshall, who said :

The,< Senator from Texas movea the adop-
tion at the report of the Committee on Rules.
The Senator from Nebraska raises the point
of order that a two-thirds majority shaU be
held necessary to suspend the rules.

The Constitution of the United State* pro-
vides that "each House may determine the
rules of its proceedings." The Senate has
assumed the right to be a self-governing
body, and under this clause of the Coixstitu-
tion has made its own rules, and has so
sedulously guarded Its prerogatives that it
has even reserved the right to appeal from
the decision of the Presiding Officer; It payi
no attention to anything that the presiding
officer says or to any opinion he has if It does
not happen to ooincldie with the view of the
Senate.

The present Presiding Oflk;er believes that
the Senate has reserved to Itself the exclu£lve
right to say what the rules are, how they may
be adopted, and how they may be abrogated
or temporarily laid aside. The present Pre-
siding Officer doss not believe that It is within
the province of the present occupant of the
chair to determine whether rule XL should
be strictly construed In accordance with the
literal language thereof or whether the Sen-
ate of the United States propof es to coxtstrue
the same in accordance with well-known par-
liamentary procedure. The Chair therefore
submits to the Senate the determination of
the question as to whether or not It requires
a two-thirds majority to adopt the report
of the Conunlttee on RiUes providing for a
suspension of a certain rul*.

Thus, the precise point was clearly
transferred to the lap of the Senate by
the then Presiding Officer, who had
called attention to the fact that Rule XL
allowed a suspension of the rules, but
did not prescribe the standu'd imder
which the suspension should be ac-
complished.

Mr. Sheppard, In opposing the point of
order, made a statement which I shall
not quote in full at this point, bat I aak

CONGRESSIONAL RECORD — SENATE

281

unanimous ccmsent that it be inserted
in the Rkcoko at this pomt in my re-
marks.

There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:

Mr. President, I merely wish to say that if
the Senate should decide that it requires a
two- thirds vote to pot rule XL In operation.
It would write something Into the rule that
is not there. It wxTUld write language into
\ the rule that doe* not belong there. Wher-
ever our rules require a two-thirds vote, they
specify that fact. For instance, rule X
provides :

"Any subject may, by a rote of two-thirds
of the Senator* present, be made a special
order."

Treaties to be ratified require a two-thirds
vote, and it la so spedfled In the rule relating
to them. There Is no requirement men-
tioned in this rule for a two-thirds vote or
a three-foiirtha vote or a unanimous vote.
The logical inference, therefore, is thak the
rule may be put into operation by a majority
vote. The nUe reads. In part, as foUows:

**IVo motion to suspend, modify, or amend
any rule, or any part thereof, shall be In or-
der, except on one daj^s notice In writing,
specifying precisely the rule or part proposed
to be suspended, modified, or amended, and
the purpose thereof."

When a similar question was before the
Senate in 1861 a majority of the Senate sus-
pended the rules. It seeins clear to me that
the intention of this rule \» to give a ma-
jority of the Senate an opportunity to assert
Itself.

Mr. HOLLAND. Mr. President, the
gist of Senator Sxeppard's statement was
that in 1861 it had been held that a ma-
jority could waive the rule. That was
really the point he made.

Mr. Henry Cabot Lodge, of Massachu-
setts, supporting the point of order, said:

The rule which It is proposed to suspend
contains no provision as to the majority req-
ulalte for its susiienston. On the face of
It it might be Inferred that that meant that
It could be done by a vote of a bare ma-
Jortty- • • • So far as my knowledge extends.
In aU parliamentary bodies of which I know
anything, a vote larger than a majority is
required to suspend the rules. In my own
State, in the legislature. It requires a two-
thirds vote. In the Rouse of Re^esenta-
tlves two-thirds la established by their rule*
as necessary to suspend the rule*. • • •
The ground on which that general practice
rests Is the sound groimd that if the rules
are to be suspended by a majority vote there
are no rules. The suspenBlon of the rules
must have a greater sanction than an ordi-
nary matter.

Mr. Claude A. Swanson, of Virginia,
opposing Mr. Hitchcock's point of order,
said:

The general parliamentary law la that a
majority has a right to change and fix its
rules, except so far as that majority might
have bound itself by specific nile designed
to take care of the minority. I cannot find
anywhere that. In the absence of a specific
rule or statute, there is anything to con-
trol the majority of any legtslaUve body. In
the House of Representatives a two-thirds
vote U required to suspend the rules • • •
by a specific rule of the House Itself, which
requires a two-thirds majority to suspend
lU nUe* and pas* a MU. There would be
no neceeslty for a spedflc rule requiring a
two-thirds vote to suspend the rules unless
under general parliamentary law the rules
could be suspended by a majority vote.

Mr. President. I do not believe it would
have been possible to present more spe-
cifically the question as to what is the
rule of procedure in the Senate when-
ever it is proposed to suspend the rules.
The rules are written, of course, for the
government of the Senate and its Mem-
bers. As the then great Senator Lodge
so ably stated, the rules are no rules if a
majority can change them at any time by
its mere fiat. The Senate was presented
with that specific point, and it was
thrown mto the lap of the Senate by the
then Presiding Officer. Vice President
Marshall, who specifically ruled that a
two-thirds vote was required.

Mr. Thomas W. Hardwick, of Georgia,
favoring the point of order, quoted a pro-
vision from the Manual of General Par-
liamentary Law. by Speaker Thomas B.
Reed, of the Honse of Representatives,
referring to parliamentary law generally,
and not specifically to the House of Rep-
resentatives, as follows:

SUBPKHSIOIf or KUlMa

Unless the rules themselves provide for
their own suspension, they can be suspended
by xuianimous consent only. It is usual
to provide that under certain circtuutance*
and at certain times two- thirds may suspend
the roles.

As further supporting his contention,
Mr. Hardwick read a provision from
Robert's Rules of Order, which, after
citing the necessity at times for a tempo-
rary suspension of the rules, stated that
if such a motion was carried by a two-
thirds vote, thai the particular thing
for which the rules were suspended could
be done.

During the course of his argument, he
said:

The contention I present is that while rule
XL provides for a suspension of the rules
when notice in writing has been given, yet
the rule Itself Is silent as to how much vote
1* reqtUred in order for the motion to sus-
pend to prevail; and in the absence of a spe-
cific provision in the rules themselves, fol-
lowing the general and almost universal
American practice, two-thirds is required.

Mr. Robert L. Owen, of Oklahoma, op-
posing the point of order, after citing
several instances where amendments to
the rules had been made by majority
votes, took the position that, as between
an amendment and a suspension of the
rules, there was no material difference In
principle, and that the effect of a sus-
pension in an Individual instance was
merely a temporary amendment of a
permanent rule, instantly reestablishing
the rule thereafter; and that an amend-
ment and a suspension were exactly upon
the same basis under rule XL.

The point of order of Mr. Hitchcock
was sustained by the Senate by a vote of
41 yeas to 34 nays.

Mr. CASE of South Dakota. Mr.
President, will the Senator yield for a
question?

Mr. HOLLAND. I yield.

Mr. CASE of South Dakota. The
Junior Senator from South Dakota be-
lieves that the able Senator from Florida
is making a very Interesting and worth-
while statement of the principles In-
volved in the pending question. Does
the Senator feel that if the rules could be

changed at any time without notice and
upon a majority vote it would convert
so-called Senate rules into a mere state-
ment of procedure, which could be
changed at convenience?

Mr. HOLLAND. I do. They could
be changed by a bare majority — with
tsn-anny which has never been exercised
in this body — changing the rules to suit
their purpose. I am not willing to stazul
here in the Senate and see any such
stultification of the procedures of the
Senate and these rules, which so clearly
provide, sometimes by wording in the
rules themselves — as m the case of rule
X— or, as in the case which I have Just
discussed, in the interpretation of rule
XL by vote of the Senate that a two-
thirds vote is required to su^end the
rules.

Mr. CASE of South Dakota. Does the
Senator from Florida agree with me that
such a method of changing the rules
would inevitably lead to the sacrifice at
many minority rights?

Mr. HOLLAND. It would indeed; and
the minority affected might be such a
minority that it would practically be half
of the Senate. It might even be 49 Mem-
bers of the Senate, which is more than
half of the number of Senators who are
customarily present.

The Senator from Florida does not
want to see the Senate take such an
abysmal departure fnan the rules of or-
derly procedure, which it has estab-
lished throughout its long and illustrious
history, sometimes by wording incorpo-
rated in the rules themselves, and some-
times by the submission of a question
after strenuous debate to the Senate for
determination by a vote of the Senate
itself.

The Senator from Florida could not
think of anything more destructive of
the stability of the Senate, or of respect
for the verdicts of the Senate, as re-
ported by its record upon yea-and-nay
votes, nothing could disturb that record,
the stability of the Senate, or the con-
fidence In which Its proceedings are re-
garded, so greatly as a changing of the
rules or a winking at the rules or an
abandoning of the rules, such as is sug-
gested by some of our friends during the
current discussion.

Mr. CASE of South Dakota. Does the
Senator from Florida recall the basic
reason for the colonies proposing, In the
original instance, that the Bill of Rights
should be added as amendments to the
Constitution of the United States?

Mr. HOLLAND. One of the reasons
was the protection of minorities; an-
other was the protection of the States;
another was the protection of tadlvid-
uals. There were various reasons.

Mr. CASE of South Dakota. If It were
possible to amend the Constitution by a
majority vote of Congress, would not
that tend to the erosion and the de-
struction of the rights of minorities?

Mr. HOLLAND. It certainly would.
Of course, the framers of our Constitu-
tion, with excellent Judgment, averted
any such possibility as that, tmless we
are going to start to ignore constitutional
provisions as well as the Icmg estab-
lished rules and traditions of the Senate

I

282

CX)NGRESSIONAL RECORD — SENATE

Jantiary 6

1961

CONGRESSIONAL RE<jORD — SENATE

283

I

and House. But the Founding Fathers
averted any such careless procedure by
words actually written Into the Con-
stitution.

Mr. CASE of South Dakota. The
purpose of my Interrogation Is that I
desire to stress to the people generally,
and have It realized, that rules and con-
stitutions are primarily for the protec-
tion of minorities; that majorities, if we
had simple-majority rules, could abro-
gate the rules and make them over from
day to day. However, rules and consti-
tutions are safeguards of something
more than a majority vote. They are
primarily designed to protect the rights
of individuals or the rights of minorities.

Mr. HOLLAND. The Senator from
South Dakota is. of course, completely
correct. I appreciate his comments. We
want to protect, by continually following
the rules and traditions of the Senate,
the rights of minorities, whether we hap-
pen to be, for the moment, within the
minority or not. The protection of mi-
norities, of States, and of individuals
continues to be the primary objective, I
think, of our Government as a whole.

Mr. RUSSELL. Mr. President. wiU
the Senator yield?

Mr. HOLLAND. I yield.

Mr. RUSSELL. Mr. President, I am
glad the Senator from Florida and the
Senator from South Dakota are making
their statements for the Record. I do
not know of any more fallacious con-
tention that could be made than that
which is inherent in the advisory (^^inon
of the Vice President, and supported by
some of our friends who would like to
attach to themselves the label of liberals,
that there is anything inherently wrong
or Immoral in placing limitations on the
unbridled power of a temporary major-
ity. Our Constitution was written to
serve as a brake on the unbridled power
of a temporary majority.

The U.S. Senate, as a rare and unique
institution of government, is largely de-
signed to cause a slowdown in hasty
action by a temporary majority which
might do harm to our country or to any
group of our people, or. Indeed, to any
individual American citizen.

At least four instances occur to me out
of hand — perhaps there are more — ^in
which the Pounding Fathers wrote into
the Constitution of the United States
specific provisions which denied the
right of a majority— indeed, of 60 per-
cent or 62 percent — of the Members of
Congress to take any hasty action.

A two-thirds vote of both Houses Is
required to submit to the States an
amendment to the Constitution. Then
the Constitution requires the approval
of three-fourths of the States before
such an amendment can become a part
ol the Constitution.

The Constitution requires a two-thirds
vote of this body, by the express terms
of the Constitution, to give the advice
and consent of the Senate to the making
of treaties with foreign states.

The Constituti<m requires a two-thirds
vote, in our fine system oi checks and
balances, to override the disapproval of
a bill by the Chief Executive of the

United States — what we commonly refer
to as the overriding of a veto by the
President.

The Constitution requires a two-thirds
vote of this body, sitting as judges under
the Constitution, to Impeach any public
ofDcial.

The Constitution likewise provides
that there shall be a two-thirds vote
before a Member of the Senate can be
expelled.

The Pounding Fathers knew that,
down through the years, there would be
a great many yoimg men in a hurry who
would want to get things done and
change the whole scheme of things over-
night. The Founding Fathers knew that
there would be times when there would
be a majority of such men in the House
and Senate of the United States. They
knew that at times those persons would
be absolutely ruthless and contemptuous
of the rights of minorities, based on sec-
tional hatreds or religious bias, or other
differences between the members of the
human family.

So the entire setup, the whole fabric
of our Government, which has enabled
us to create the American way of life, the
greatest civilization the world has ever
known, the most boimtif ul life mankind
has ever lived, has grown out of the re-
straints on the power of a temporary ma-
jority. Yet we are told that the Vice
President would declare unconstitutional
anything which would stay the hand of
a temporary majority in the Senate to
recast the rules of this body so as to
change the historic and traditional place
of the Senate in our form of government,
and to prevent it from mamtaining its
position as a unique parliamentary body
in world history.

Mr. President. I am always suspicious
of persons who try to take shortcuts. I
am always suspicious when they want to
take the quick and easy way without re-
gard to the rights of others. I am al-
wasrs more suspicious when any group
seeks to gag its opponents and prevent
them from discussing, debating, object-
ing, and giving the reasons for their ob-
jections to any proposed cause or form of
action anywhere along the line.

If the Senator from Florida will in-
dulge me further, it was never intended
that we should have a pure democracy,
where the majority of one on today
could change the whole scheme of things
which had existed up until that good
hour. Ours is a republican form of gov-
ernment. There are brakes on hasty ac-
tion by the majority. If it were not for
those brakes, this would not be the
United States of America it is today, and
this country would not be a great leader
among the nations of the world. We
would not have the greatest civilization
and the highest standard of living that
mankind has ever seen.

No one knew that better than old Ben
Franklin, when he came out of the Con-
stitutional Convention in Philadelphia.
Some of his friends met him and asked.
"Mr. Franklin, what kind of government
have you given us in the new document
you have been laboring over?"

He said, "A r^iHiblic — ^if you can keep
it."

That has been the challenge which
has resounded through the ages: "A re-
public—if you can keep it."

I insist that we who are today resisting
the efforts to take short cuts, reeistlng
the efforts by one man presiding over the
Senate to assume power which is not his
under the Constitution of the United
States, which he is sworn to uphold and
defend, believe firmly that we are tnring
to keep and trylm; to save this Republic.

I am so happy that the distinguished
Senator from Florida has gone back into
the precedents coming down through the
Senate from years back, pointing out how
there are so many brakes on immediate
action by a majority, and how wisdom
and Justice have dictated that in in-
stance after instance more than the im-
mediate vote of a temporary majority
be required if drastic action is to be
taken. The Senator from Florida is
rendering a great service here in point-
ing out all these Instances in which, in
our parliamentary system, we deny and
completely refute the contention —
whether made by the Vice President or
by anyone else — that there Ls anything
inherently wrong in a limitation on the
power of a majority, whether it be in
the Congress or elsewhere.

Mr HOLLAND. Mr. President, I ap-
preciate greatly the fine comment made
by the distinguished Senator from Geor-
gia, and I approve every word he hat
uttered.

I have before me a brief memorandum
of the instances referred to by my dis-
tinguished friend, the Senator from
Georgia, In which, because of the fact
that the framers of the Constitution
knew that there were certain matters
which needed to be particularly safe-
guarded, that document provided for a
two-thirds vote of one or both Houses
of Congress. I shall read the memo-
randum into the Rbcou). in the order in
which those instances appear:

Impeachment requires a two-thirds
vote of the Senate, when sitting as a
court of impeachment.

Expulsion requires a two-thirds vote
of either House, when acting on the ex-
pulsion of one of its Members.

The passage of a bill over the disap-
proval or veto of the President requires
the two-thirds vote of each House, sep-
arately. That applies to biUs that have
been passed.

A separate provision applies to all
other orders or concvurent resolutions or
matters, other than bills, which may be
passed by both bodies; and it provides
that, except in the case of joint resolu-
tions providing for adjournment, a two-
thirds vote, again, of each House, sepa-
rately. Is required, in order to override
the disapproval of the President.

In the approval of treaties by this
body, the Senate, a two-thirds vote is
required in order to concur in the act of
the Executive.

And in the matter of proposing amend-
ments to the Constitution, of course, a
two-thirds vote of each House, separate-
ly, is required before the amendment may
be submitted to the States; and the
amendment becomes a part of the Con-

stitution only after three-fourths of the
States approve the proposed amendment.

The Founding Fathers, in giving to
each body of the Congress the right to
make its own rules, certainly did not as-
sume for a moment that the Senate and
House of Representatives, in their expe-
rience and wisdom and desire to have
proper rules of procedure, would not de-
termine that certain matters — Just as
had been determined by the Founding
Fatl.ers as to these Important national
matters — arising under our procedure
would not require safeguarding by more
than a mere majority vote of the Mem-
bers present. And. of course, as Senators
well know, we have had in our rules pro-
visions— and I am Just now in the course
of outlining some of them — providing for
a two-thirds vote: and some of them
have been written right here on the floor
of the Senate, after consideration of the
inadequacies of rules written into the
body of our rules, but not stating spe-
cifically that more than a majority vote
was required in certain instances.

Mr. CASE of South Dakota. Mr.
President, will the Senator from Florida
yield?

Mr. HOLLAND. I yield.

Mr. CASE of South Dakota. On Jan-
uary 12, 1959, I placed in the Rccoso a
list of eight instances in which two-
thirds votes were required. I believe that
six of them have been cited by the Sena-
tor from Florida. There were two
others. In connection with all eight. I
prepared a brief statement and refer-
ences. Will the Senator from Florida
be willing to have me ask unanimous
consent that that matter be printed at
this point in the Record?

Mr. HOLLAND. Certainly. I am
glad to have the Senator from South
Dakota do so; I gladly accede to his sug-
gestion, because I wish the list to be all-
inclusive.

The PRESIDING OFFICER. Is there
objection?

There being no objection, the memo-
randum was ordered to be printed in the
RiooRD. as follows:

Ooif ai IT UTION AL Pkovtbioks oh Majoutixs
1. No Impeachment witbout two- thirds at
the Members pr— ent> Article I, section 8,
reads (clause 8): '"

"The Senate shaU have the sole Power to
try all Impeachments. When sltUng for that
Purpose, they shall be on Oath or Affirmation.
When the President of the United SUtes Is
tried, the Chief Justice shall preside: And no
Person shall be convicted without the Con-
currence of two-thlrtfs of the Members pres-
ent.-

a. Kxpulslon of a Member requires two-
thirds majority. Article I, section 6, clause
2. reads:

"Kach House may determine the Rules of
lU Proceedings, punish lU Members for dis-
orderly Behavior, and, with the Concurrence
of two thirds, expel a Member."

3. Overriding veto: Article I, section 7,
clause a. reads:

"If after such Reconsideration two thirds
of that House shall agree to pass the Bill, It
•iiall be sent, together with the Objections,
to the other House, by which It shall like-
wise be considered, and If approved by two
thirds of that House. It ehaU become a Law."

A similar provisionals found in the suc-
ceeding clause, which reads:

"Every Order, Resolution, or Vote to which
the Oonciurence at the Senate and House of

Repreeentatlves may be necessary (except on
a question ot Adjournment) shaU be pre-
sented to the President of the United States;
and before the Same shall take Effect, shall
be approved by him, or being disapproved by
him, shall be repassed by two thirds of the
Senate and Ho\ue of RepresentattVes, ac-
cording to the Rules and Limitations pre-
scribed In the Case of « Bill."

4. Amendments to the Constitution Itself
rest upon a proposal by "two-thirds of both
Houses." Article V reads:

"The Congress, whenever two-thirds of
both Houses shall deem it necessary, shall
propose Amendments to this Constitution, or.
on the Application of the Legislatures of
two-thirds of the several States, shall call a
Convention for proposing Amendments,
which. In either Case, shall be valid to all
Intents and Purposes, as part of this Con-
stltuUon, when ratified by the Legislatures
of three-fourths of the several States, or by
Conventions In three-fourths thereof, as the
one or the other Mode of Ratmcatlon may be
proposed by the Congress; Provided That
no Amendment which may be made prior to
the Year One thousand eight h\mdred and
eight shall In any Manner affect the first and
fourth Clauses In the Ninth Section of the
first Article; and that no State, without Its
Consent, shall be deprived of Its equal Suf-
frage in the Senate."

That last phrase might be noted In pass-
ing— namely, that no State without Its con-
sent shall be deprived of its equal suffrage In
the Senate. Any proposal to limit debate
Involves depriving some States of their
voice, albeit not their suffrage. Respecting
the thought gxiards the suffrage of the
States in the Senate, and certainly suggests
restraint In depriving a State of the presen-
tation of its views In the Senate. ITils Is
an aspect of the matter which those who
would limit debate by simple majority vote
might well consider.

6. Again, the Constitution, In article n,
section a, requires concxurence of two-
thirds of the Senators present for the ratifi-
cation of treaties. Clause 2 of section 2
reads:

"He shall have Power, by and with the
Advice and Consent of the Senate, to make
TTeaUes, provided two-thirds of the Senators
present concur.

6. Again, where election of Vice President
falls to the Senate, through failure of the
electoral college to cast a majority, the Con-
stitution, both In the original article n and
In amendment 12. relies upon a two-thirds
rule. The appUcable clause In amendment
12 reads:

"The person having the greatest number
of votes ■■ Vice President, If such nimaber
be a majority of the whole number of elec-
tors appointed, and If no person have a
majority, then from the two highest num-
bers on the list, the Senate shall choose the
Vice President; a quorum for -the purpose
shall consist of two-thirds of the whole
number of Senators, and a majority of the
whole number shall be nnrnwuiji to a
choice."

7. Again, removal of a dlsabUlty for mem-
bership In the Congress, when caused by
having been Involved In an Insurrection,
may be removed by a two-thirds vote of each
House.

Thua, it would seem that the Foiindlng
Fathers sought to protect the rl^ts of mi-
norities by requiring more than simple ma-
jorities to override or sUence them In matters
of great moment.

And It scarcely need be said that the
maintenance oi this principle requires the
availability of such a rule for every Instance
In which a minority might think that Its
rights were Imperiled by the suppreeston of
speech.

Mr. CASE of South Dakota. Mr.
President, let me observe that one of

them related to a circumstance which
might have developed today, inasmuch
as today, while the two Houses were in
Joint session, the Senate witnessed the
counting of the electoral votes for Presi-
dent and Vice President of the United
States. If the election had turned out
in such fashion that the election of the
President and the Vice Presidoit had
not been determined by the electoral
college, and if the election of the Presi-
dent had fallen to the House of Repre-
sentatives, the election of the Vice Presi-
dent would have devolved upon the Sen-
ate. In that case the Constitution pro-
vided, in the original Article n, for a
two-thirds vote as regards the election
of the Vice President. That is another
instance In which the two-thirds idea
was selected by the constitutional fathers
as the appropriate dividing line when
something more than a simple majority
vote was to be required. That is set forth
in the list I have already mentioned.

Mr. HOLLAND. I thank the Senator
from South Dakota for mentioning that.

Mr. CASE of South Dakota. If I may
do so, I should like to clarify my posi-
tion by pointing out that I think some-
thing more than a simple, t^nporary
majority vote should be required for
changing the rules; but I do agree with
the Vice President that the Constitution
states that each House may determine
the rules of its proceedings, and that at
s<Mne point each House must have that
right.

Mr. RUSSELL. Of course.
Mr. CASE of South E)akota. Ah a
practical matter, I think the Vice Presi-
dent ruled correctly when he said that
that time is at the opening of a Con-
gress. The Constitution makes no re-
quirement that in the determination of
its rules, a two-thirds vote should be re-
quired. But after the rules of the Sen-
ate have been adopted. I think the
Senate has wisely provided that more
than a simple majority vote should be
required ; and I believe that a two-thirds
rule or such a rule with notice is very
much in order and is very much to be
desired.

But I do not care to take the time of
the Senator from Florida to debate that
matter at any length now.

However. I agree with him that if we
are to protect the rights of minorities
and the rights of individuals, it is im-
portant that we have rules, and that
they may not be arbitrarily changed, as
a matter of convenience from day to
day, by a simple majority vote.

Mr. HOUiAND. I thank the Senator
from South Dakota. I hope he will alao
agree that in the adoption of rules, even
at the beginning of a Congress, at least
the rules of normal parliamentary pro-
cedure, as recognized traai one end of
this country to the other, should prevail
for the government of the Soiate. Of
course, I think the Senate Itself has de-
termined that, being a continuing body,
as it undoubtedly is, the rules which pre-
vail at one time hold over imtll, imder
those rules, they may be changed in such
a way as a then majority of the Senate
may decide It wishes them to be.

284

CONGRESSIONAL RECX)RD — SENATE

January 6

i

m

Mr. President, let me return to the
point I was pursuing a few minutes ago—
although first I wish to say that I appre-
ciate verymuch the observations which
have been made by both of my distin-
guished friends.

In 1916 the question of how large a
majority was required to suspend a rule
of the Senate igain came before the Sen-
ate, and again was decided by the vote of
the Senate itself, since which time it has
never been challenged. I have already
stated for the record that 20 instances
are referred to in the notes by the Par-
liamentarians, who have very carefully
collected the precedents, and have set
them forth in the book to which I have
referred. There are 20 such Instances,
and they Include the 2 to which I have
been referring. Since 1915 there have
been 20 such instances In which the Sen-
ate itself has proceeded under the two-
thirds nile; and in the first 2 of those in-
stances the Senate determined that that
was the rule. That determination was
made by votes taken here on the floor of
the Senate.

The question then came up again on
the calendar day of Jime 28. 1916. the
legislative day of June 26, 1916. Those
proceedings will be found on pages 10136
to 10145 of the Congressional Record
for the 1st session of the 64th Congress.
That came up during consideration of
House bill 10484, another appropriation
bill; it was the Post Office Department
appropriation bill for 1917.

Mr. Wesley L. Jones, of Washington,
proposed an amendment prohibiting the
transmission through the mails of publi-
cations containing advertisements of in-
toxicating liquors into so-called dry
States. The amendment, on a point of
order, was held by the Vice President,
Mr. Thomas R. Marshall, of Indiana, to
be general legislation. Mr. Jones, pur-
suant to notice given by him on June
26 — which was 2 days previously, though
the same legislative day — then moved to
suspend paragraph 3 of rule XVI, pro-
hibiting general legislation on general
appropriation bills, so that the amend-
ment might be in order. In reply to a
parliamentary inquiry if a two-thirds
vote was not required for that purpose,
the Vice President said:

The Chair finds that c. Janxiary 13, 191B,
the present occupant of the chair did sub-
mit that identical question to the Senate,
and that by a vote ot 41 yeas to 34 nays
the Senate decided that It required a two-
thirds majority to suspend the rules. If it
be desirable to revert to that rtillng the
Chair will now rule that It takes two-thirds
to suspend the rule; but, of course, there
can be an appeal from the decision of the
Chair on that question, when the Senate
can reverse the ruling If it so desires.

The point of order was then raised
that the word "day" in the rule meant
a legislative and not a calendar day,
and therefore the notice, having been
given in the same legislative day, did
not meet the requirement of the rule.

I have already stated the notice was
given on 2 calendar days before, though
in the same legislative day.

The Senate, however, after discussing
the question at some length, adjourned,
thereby removing the question from fur-
ther controversy.

On Jxme 29, 1916— R«cow>, pages
10204-10216; Senate Journal, 46«— a
vote was tsJcen on the motion of Mr.
Jones to suspend the rule, which result-
ed: yeas 36, nays 28.

The Vice President announced that, in
accordance with the former ruling of the
Senate that it required a two-thirds vote
to suspend the rule, the rule was not
suspended.

Mr. Jones took an appeal from the rul-
ing of tiie Chair, which was sustal led by
a vote of 42 yeas. 25 nays.

1 call to the attention of the learned
occupant of the chair [Mr. BLAXLrrl
and other Senators, that the Senate was
more strongly of the opinion than it was
earlier that a two-thirds vote should be
required to suspend the rules of the Sen-
ate, or otherwise the Senate really had
no rules, but would simply allow a ma-
jority, at any time, on its own notion, to
set aside the rules.

I cannot speak too strongly on this.
First, the Constitution, on all such mat-
ters of this kind, prescribed a two-thirds
vote as a reasonable basis for all matters
where great concern was involved. We
have already had placed in the Record
seven such matters, and I thank the Sen-
ator from South Dakota for referring to
two of them which I had inadvertently
omitted.

In the case of our own rules, we have,
under rule X, which has been on the
books so long that the memory of man
runneth not to the contrary, prescribed
that to make a bill a special order, call-
ing it up notwithstanding its place on
the calendar or its absence from the cal-
endar, requires a two-thirds vote. A
two-thirds vote is required in that kind
of matter to vitiate the ordinary rule of
procedure for the taking up of bills.

I have already shown that in nile XVI
and rule XL of the Senate there are pre-
scribed occasions when it may be neces-
sary to suspend the rule, rule XVI per-
taining to appropriation bills, rule XL
applying to all of the rules, including ap-
propriation bills, but not naming in its
own wording a precise vote which is re-
quired to obtain suspension.

I have shown that in two cases, in 1915
and 1916 the Senate itself, on submission
of the question by the then Vice Presi-
dent, presiding over the Senate, affirma-
tively decided that a two-thirds vote was
required before a rule could be sus-
pended.

I have brought these matters into the
Record not only to show the tradition of
the Senate and to show the country the
use of the two-thirds rule in special
cases, but also to show that the inclusion
of that requirement in rule Xxli was no
idle matter.

As a matter of fact, I think the word-
ing of rule XXn, which was last voted
on in 1959, is in precise accord with the
two- thirds rule as followed in other mat-
ters and in the Constitution, because it
gets away from the requirement of in-
cluding in the count Senators who are
selected and sworn, but who may not be
present and participating, requiring a
two-thirds vote of those present — a tra-
dition for the protection of important
points, for preservation of the r^hts of
minorities, for the preservation of rights

which are regarded as of such conse-
quence that a third of the Senate is will-
ing to stand and stand until they fall,
notwithstanding the fact that a ma-
jority of the country may think other-
wise.

Mr, President, that is no new provision
under our procedure, both constitutional
and statutory, and from thejx)int of view
of rule making, by fiat of the Senate it-
self, as I have already shown in specific
cases which came up for the considera-
tion of the Senate. That being the case,
it seems to me it is appropriate to con-
sider for what purpose this two-thirda
requirement appears in rule XXn. It
seems to me the recounting of the cases
in which cloture has been attempted,
as placed in the record of this debate on
January 4th by our able colleague, the
senior Senator from California I Mr.
KuchelI, will point up this discussion.

That list shows the 35 bills which he
says have been filibustered in the history
of his compilation, beginning back In
1865 and coming through the FEPC bill
of 1946. The reason why he limits him-
self to those provisions in that exhibit
2 is. of course, Mr. President, that his
exhibit is taken frpm a printed report of
a hearing in the Senate conducted by our
Rules and Administration Committee in
the 81st Congress, 1st session.

The purpose of my referring to exhibit
2 is that it is shown affirmatively that In
every case but 10, the measure which
was temporarily held up by the resort to
lengthy debate was either passed, or. In
one case, it was found legislation was
unnecessary and the purpose was ac-
complished by Executive order. Twenty-
five out of the thirty-five bills were suc-
cessful.

The first of the 10 in which there
was no final action was the force bill of
1890-91. Mr. President, I wonder wheth-
er any sane Member of the Senate or
the House of Representatives could com-
ment at this time that he wished any
such legislatior. to be seriously consid-
ered as was embraced in the terms of the
notorious force bill which was defea':d
at that time. Nobody has ever suggested
such legislation since that time.

The second was the armed ship bill of
1917, at the beginning of World War I.
In that case President Wilson fcund he
needed no legislative authority but had
ample authority imder his Executive
powers to take the action which was re-
quired, and it was taken.

The other eight bills fall Into three
categories: First, the antilynch bills:
second, the anti-poll-tax bills; and third,
the FEPC bill.

It is rather evident, Mr. President,
from that Urting, that the only field in
which the legislation was not passed, or
in which an early recourse from the ex-
ecutive was not four.d, was the trouble-
some f ::ld of so-called civil rights.

I. is also evident, Mr. President, from
a reading of the list, that a great many
of those bills had to be changed mate-
rially in form before they could meet the
approval of this body. Anyone who
wishes to go back in^o the record can
learn the history of each of them.

For instance, there was the bill on
statehood for Arizona and New Mexico.

1961

CONGRESSIONAL RECORD — SENATE

The reason for Vtie filibuster against this
bill was that those two Territories did
not wish to be brought into the Union
together as one State. They desired to
be separate States. In 1911 their friends
filibustered the bill proposing to create
one State out of those two great areas.
They filibustered it to death. In 1912,
after another effort in that direction, the
Congress decided that two areas which
had as many friends might well make
two good States — and they made two
good States, Mr. President. I think the
whole Nation has been happy in the
service to the Nation rendered by the
people of those two good States. I know
we are all happy that each is a State,
with all the rights and privileges of state-
hood.

I could go through the list exhaustive-
ly. Mr. President, because I have made
some study of each of the bills. Suffice
it to say that if any Senator is interested
enough in the question to go Into the
subject matter, he will find that the bills
in their original state which were pre-
vented from passage by lengthy debate
should not have been passed, and when
the bills were returned in acceptable
form they were passed, except in the
10 instances which I have mentioned. Of
the 10. only in those relating to civil
rights has no such legislation been in-
cluded in bills which have passed.

Of course, two civil rights bills have
been passed in recent years, in 1957 and
1960, but to say that they could have
been passed or should have been passed
in the forms in which they were defeat-
ed upon the floor of the Senate after
lengthy debate Is quite another thing.
My own feeling is that the bills received
their just deserts when they were de-
nied passage by the stem opposition
which was given to them.

Mr. 8TENNIS. Mr. President, will the
Senator yield at that point?

Mr. HOLLAND. I yield to the Sena-
tor from Mississippi.

Mr. STENNIS. Mr. President, I wish
to raise a basic question with the Sena-
tor from Florida as to why there is any
need, or mi what basis there is any need,
for a change in the rules of this body at
this time. I refer in my questicm to
what the Senator has said, that two civil
rights bills have been passed under the
present rules in the last 2 or 3 years,
and proposals which were stronger than
the provisions which finally became laws
were voted on under the present rules
time after time and defeated by major-
ity vote. Otherwise, those provisions
would have been in the bills. The Sen-
ator recalls that, I am sure, and I think
it strengthens his position.

Mr. HOLLAND. I am sure it strength-
ens my position. I am glad indeed that
my distinguished friend has brought it
to our attention.

The last item in the list which was
defeated by lengthy debate is the FEPC
bia

Mr. STENNIS. Yes.

Mr. HOLLAND. The Senator recalls,
as I do, with some poignancy, the fact
that FEPC bUls. both limited and un-
limited, were offered as amendments to
the last so-called civil rights bills, which
we passed in 1960, and were turned down

285

by a majority vote of the Senate. Those
proposals and others, I am sure, were
referred to by the distinguished Senator.
Mr. STENNIS. The Senator might
mention another, which is the so-called
title ni. That was a major provision.

Mr. HOLLAND. Title III was one of
the most vicious proposals ever presented
on the floor of the Senate. It was
omitted by a majority vote.

I will say to my distinguished friend,
the point I am making has to do with the
list of measures which were defeated, as
shown by the compilation included in the
Record by our learned friend the Sen-
ator from California [Mr. Kuchel].

I think perhaps title III was the most
vicious of all the proposals, because it
proposed to place in the conscience of
one man, the Attorney General of the
United States, whoever he might be, a
power to make a decision and to predi-
cate further action upon that decision,
as to when a threatened breach of so-
called civil rights was to occvu". It
would have given to him the right, upon
his sole decision, to take such matter to
the Federal courts by securing an injunc-
tion against others; and, if anybody saw
fit to disobey the injunction, whether he
knew about it or not, the Attorney Gen-
eral would have had the right to pro-
ceed through the drastic procedure of
criminal contempt, and the case would
have been tried without following our
good old Anglo-Saxon iirovision for
bringing in juries. That proposal would
have set up a program completely for-
eign to anything that I understand to be
in our Anglo-Saxon history, or within
the present traditions of the coimtry. I
am glad the Senator referred to it,
though it does not happen to be the case
that that is cme of the bills which, by
itself, was defeated by lengthy debate.

Mr. STENNIS. The point is that those
measures were debated in the Senate on
their merits, and the pros and cons were
actually passed upon. The proposals
failed to become law not because of the
present rules of the Senate, but because
their proponents could not get a ma-
jority of the membership to vote in their
favor. Is that not correct?

Mr. HOLLAND. That is completely
correct. I add the point so well and ably
made by my distinguished colleague
from Florida yesterday in the course of a
colloquy. It is claimed by some, or has
been claimed during the debate already,
that this rules change must be accom-
plished in order to permit the passage of
the program of the President-elect. My
able colleague pointed out the fact that
instead of that being true, we have a rec-
ord of the passage by the Senate in the
last Congress of the five measures which
are contained within the preferred pro-
gram of the President-elect. In one or
two cases there were vetoes by the Presi-
dent which were sustained. In other
cases the measures were held up in the
House of Representatives. However, the
fact remains that, in respect to the five
measures in the "must" program of the
President-elect, each has been submitted
to the Senate, has not been subjected to
unlimited debate, has proceeded to con-
sideration, and has been passed by the
membership of the Senate, which was

comprised, in the main, of the same
Membei-s who are now present.

Mr. STENNIS. Has the Senator from
Florida heard any discussion or proposal
by a single Senator, much less a group, to
the effect that the Senate rules would be
used to defeat the measures in the Ken-
nedy program ? Is there any talk to that
effect at all?

Mr. HOLLAND. The Senator from
Florida has not heard any such talk, and
would not make himself a party to any
such procedure, because he thinks the
items in the program do not lie within
the field which is of such great and ter-
rific concern to the area of the coimtry
from which the Senator from Mississippi
comes and from which I come. We think
we know what would follow if some of the
proposed far-reaching civil rights bills
were passed. We think we have a right,
from our own public service and knowl-
edge, to predict what would occur. The
Senator from Mississippi is a long-time
former judge of the circuit court of his
State, and also a long-time Senator from
his State. He knows what might be ex-
pected to result in his State if compul-
sive, coercive measures were used in fields
such as those attempted to be covered by
the so-called civil rights program. If we
did not express our deep concern and ap-
prehension on the floor of the Senate to
our colleagues and to the general public
of this Nation, we would be guilty, in-
deed, of gioss neglect of duty.

I believe the Senator from Mississippi
knows, as well as I know, that Senators
from our Southland would not make
themselves a party to any effort by un-
limited debate to stop a final vote upon
the five measures which are included
within the program of the President-
elect.

Mr. STENNIS. If the Senator from
Florida will yield quite briefly again, I
shall not further disturb his presenta-
tion.

Mr. HOUiAND. I am happy to yield .
Mr. STENNIS. I heartily agree with
the Senator from Florida. The Senator
from Mississippi will not join in any kind
of movement to cut off proper considera-
tion of the proposed legislation in any
way. The Senator from Mississippi does
not know of any other Senator who has
any such plans, and has not even heard
the subject mentioned since we have
been here this year. I do not think it
would happen at all.

All the civil rights measures which the
Senator f rwn Mississippi knows anything
about have already been brought to the
floor of the Senate and have had their
day in court here. Some were passed
and are now law, and some were voted
down because the majority did not favor
them. And that is the way it will happen
again.

Mr. HOLLAND. I thank my distin-
gui^ed friend for his able and con-
structive c(Mnment. Not only has the
Senator from Florida heard no sugges-
tion this year of the application of un-
limited debate to any of the five fields,
but also he did not hear any such sug-
gestion made during the previous Con-
gress or prior thereto. To the contrary,
the records will show that while many
Senators from the South oppose certain

286

CONGRESSIONAL RECORD — SENATE

January 6

items of that legislation, there was by
no means unanimity among Senators
from the South concerning those sub-
jects. There is a clear showing that
there was no resort to unlimited debate
when those very measxires were before
the Senate. The Senator from PJorida.
speaking for himself, never^even heard
any Senator suggest such a course of
action. ;

I wish to discuss briefly the fatot that
the two-thirds vote requirement in criti-
cal cases of great importance to our
country has been engrafted upon the
C(mstltution in seven different instances.
It has been engrafted upon our own rules
in certain instances. It has been fol-
lowed by a vote of the Senate when spe-
cific legislative proposals were submitted
in 1915 and 1916. followed 18 times since
that time. I think there can be no
Justification at all for an effort to impose
a majority rule on such a question as this
when everything in our traditions — con-
stitutional, statutory, and rulewise— la
to the other effect. Particularly do I
think that it would be unwise to write for
the Senate a new standard by reaching
into the grab box and pulling out a
three-fifths requirement. Two-thirds
has been the customary requirement
when there were questions of such grave
importance that a whole area of the Na-
tion felt itself impelled persistently to
bring its point of view to the attention
of the Nation.

In looking at the list of 35 instances
referred to by the able Senator from
California it is clear that the question
does not relate solely to the Southland,
because it was concerned with only a
small part of those 35 instances that
have embraced the so-called civil rights
questions or any other questions of pe-
culiar importance to the Southland.
Some matters of great importance to the
Nation as a whole, such as the force bill,
have been defeated by resort to extensive
unlimited debate and other matters
which appear on the face of that bill.

I feel with all my heart that it would
be a distinct disservice to our country,
in the first instance, and an almost de-
structive disservice to the Senate, with
all of its traditions, to engraft upon our
rule book a provision that a mere tem-
porary majority can. at its will, displace
one rule or any rule, no matter how im-
portant, which in the wisdom of the Sen-
ate, since the founding of this country,
has been found necessary to accomplish
orderly procediu-e and the enactment of
legislation which is good for the country,
and in a way that commands the con-
fidence of the country and the adherence
in general by the people of the country
to the decisions of the Congress.

I hope the Senate will not think of
tearing down the temple which has been
erected in all the years since the Senate
began to function by substituting a meas-
ure which in effect would permit a bare
majority, on a day-to-day basis, to set
aside rules and to accomplish whatever
it might wish in order to inflict its will,
whether that will represented a majority
of the people or whether, as certainly
might happen in some instances, it rep-
resented only as much as one-fifth of
the people. If there were gathered to-

gether in one group Senators from States
with smaller irapulatlon. the will of a
bare majority of Senators might be In-
fiicted upon the people of this great
coimtry. I h<«)e the Senate will not be
so unwise, and will defeat this ill-starred,
injudicious attempt to tear down the
temple of our fathers.

Mr. President, I suggest the absence
of a quonmi.

The PRESmiNa OFFICER The
clerk will call the roll.

The Chief Clerk proceeded to call the
roll,

Mr. MANSFIELD. Mr. President. I
ask unanimous consent that the order
for the quorum call be rescinded.

The PRESIDINO OFFICER. With-
out objection, it is so ordered.

TRIBUTES TO SPEAKER SAM RAY-
BURN AND COMPLIMENTS TO THE
VICE PRESIDENT
Mr. MANSFIELD. Mr. President, to-
day marks the 79th birthday of the man
who has served as Speaker of the House
of Representatives longer than any
other in the history of our country. He
is a man under whom I had the pleasure
of serving for approximately 10 years
while I was a Member of the House from
the First District of the State of Mon-
tana. He Is a man who has, I would
hazard. 50 of his "boys" serving in the
Senate at the present time. In sagacity,
in wisdom, in tolerance, in imderstand-
ing, the Speaker of the House. Mr. Ray-
BtntH of Texas, stcmds in a class by him-
self. He has gxiided many of us in the
right ways. He has helped us at the
right times. And it gives me a great
deal of personal pleasure on this occasion
to extend my congratulations and solici-
tations to the Speaker on this his 79th
birthday.

Mr. McGEE. Mr. President. I Join in
felicitations to our distinguished col-
league on the other side of the Capitol.
I was not one of those privileged to grad-
uate from Sam Ratbxtkh's College of Po-
litical Knowledge, but I have been per-
mitted to associate with him in many
ways in many parts of the country. My
esteem and my admiration for him are
unlimited. His wisdom, even outside his
"shop," has served to guide me wisely in
many ways.

I pay tribute to him on this his 79th
birthday. I know that I share the senti-
ments of all my colleagues in the Senate
when I say that it is our hope that we
might in some small way approach the
statiu'e and the contribution to public
life that Sam Ratbttkn has attained In
this our country.

Mr. MANSFIELD. Mr. President, I
should like to say also for the Ricoko
that I was tremendously pleased and im-
pressed by the action of the Vice Presi-
dent of the United States, Richard M.
Nqcon, as he and the Speaker of the
House presided over the counting of the
ballots designating the election of the
next President and Vice President of the
United States. I thought he was gra-
cious in his comments to the Speaker on
his birthday, and I thought that he was
more than gracious and understanding
in his final statanent to the membership

of both Houses assembled. What be said
then has left an indelible imprint on me,
because he spoke as a true American,
and he gave voice to feelings which I
know he tnily felt, and he exemplified In
very few words the strength and the sig-
nificance of the democratic system under
which we operate. To me, the Vice Pres-
ident made a magnificent exit.

Mr. STENNI8. Mr. Preeideni. while
tributes are being paid to the Speaker
of the House. I certainly wish to Join In
the sentiments expressed by our col-
leagues. Here is a gentleman who has
served as Speaker of the House of Repre-
sentatives longer than any man in the
history of our Nation. He has served in
that capacity for 19 years. He has served
in the House of Representatives itself
almost as long as anyone ever has.

I did not have the privilege of serving
In the House of Representatives with
him, but I know from his products and
what I have seen from his operations in
the Government — with the President
and Cabinet members and Members of
Congress, and everyone else — that he has
certainly been a wise counselor. Pew
men have left the imprint on this coun-
try he has left and continues to leave, in
shaping its policy and shaping its legis-
lation over these critical years, in which
the Nation and the world have been
transformed in many ways, and during
which time policies have been changed
and conditions have changed. Yet he
still goes on at his fast pace with his wise
counsel and sound views.

Somebody referred to him as a teacher
of the men In the House of Representa-
tives. That reminds me of a tribute that
I saw on a monument on a famed uni-
versity campus in this coxintry. where a
teacher is paid this tribute by former
students:

A part of him wUl be a part of ua and our
children and their chUdren forever.

A part of Mr. Six will be a part of this
Nation. I hope, forever. I am glad to
Join with my colleagues in paying tribute
to this wise man.

Mr. HUMPHREY. Mr. President. I
wish to Join my colleagues who have paid
their respects to the illustrious and re-
nowned Speaker of the House of Repre-
sentatives. Mr. Sam Rayburm .

Members of Congress who have been
prlyileged to know the Speaker for a
nxmiber of years affectionately call him
Mr. Sam. He represents the finest tra-
dition In this country in the field of leg-
islative government. He has surely made
his great contribution to the strength
and the welfare and the prosperity and
the happiness of this Nation. The name
of Speaker RAYBxntif will go down in the
history books of our country as a truly
significant voice and force in the Gov-
ernment of the United States. I feel It
a rare privilege to enjoy his fellowship
and to share in his friendship.

As I recall. Speaker Raybubm was
elected to the House at the same time
that the late and beloved Alben Barkley
came to Congress. I also recollect that
the distinguished senior Senator from
Arizona, the President pro tempore of
the Senate and chairman of the Com-
mittee on Appropriations [Mr. HAYOXifl.
came to Congress In the same year.

1961

CONGRESSIONAL RECORD — HOUSE

287

These are remarkable men — two of them
still with us, and one, Mr. Barkley, who
will always live in our memory.

I wish Mr. Sam not only a happy birth-
day this year, but also many more of
those happy birthdays in good health
and good spirits, and with all the bless-
ings of a good life. I am sure he will be
granted those blessings by a wise and
kindly Providence.

I also wish to Join the majority leader
in commending the Vice President on his
remarkable message on the occasion of
the counting of the electoral votes. As
was indicated in the Vice President's
message, this was a historic occasion.
I believe the Vice President's message
will go down as one of the truly historic
messages. It was one filled with himiil-
ity. It was a gracious and a very
thoughtful pronouncement.

In these few moments the American
people, particularly our young people,
received a lesson in democracy and in
responsible representative government
from one of the practitioners of repre-
sentative government, in a very forceful
and yet a very considerate and timely
manner. It goes without saying that
on many occasions I have sharply dis-
agreed with some of the utterances of
the Vice President. I only say that be-
cause it is a matter of record. But I
surely admire and respect him for the
manner in which he has conducted him-
self during the recent months, during
the campaign, and more directly and
more precisely in this ceremony of to-
day when the electoral vote was counted.
He proved himself to be a fine American
and. indeed, a gVeat public servant.

DEATH OP REPRESENTATIVE EDITH
NOURSE ROGERS

Mr. SALTONSTALL. Mr. President. I
ask that the Chair lay before the Senate
a resolution coming over from the House
regarding the death of the Honorable
Edith Nourse Rogers, a Representative
from the State of Massachusetts.

The Chair laid before the Senate a
resolution (H. Res. 18), which was read,
as follows:

Resolved, That the Hou*e has heard with
profound sorrow of the death of the Honor-
able Edith Nourse Rogers, a Representative
from the State of Massac huaetts.

Resolved. That the Clerk communicate
theae resolutions to the Senate and transmit
a copy thereof to the family of the deceased.

Resolved, That aa a fxirtber mark of re-
spect the House do now adjourn.

Mr. SALTONSTALL. Mr. President.
I submit a resolution, and ask for its im-
mediate consideration.

The PRESIDING OFFICER. The res-
olution will be read.

The resolution (S. Res. 23) was read,
considered by unanimous consent, and
unanimously agreed to, as follows:

Resolved, That the Senate has heard with
profound sorrow the announcement of the
death of the Honorable Bdlth Kourse Rogers,
late a Representative from the State of
Wassachusetts.

Retolved, That the Secretary communicate
theae ratolutions to the House of Representa-
tives and transmit a copy thereof to the
family of the deceased.

ADJOURNMENT

Mr. SALTONSTAUj. Mr. President,
as a further mark of respect to the mem-
ory of the late Representative from
Massachusetts, I move that the Senate,
under the order previously entered, ad-
journ.

The motion was unanimously agreed
to; and (at 3 o'clock and 51 minutes
p.m.) the Senate adjourned, imder the
order previously entered, until Monday,
January 9. 1961. at 12 o'clock meridian.

THE JOURNAL

NOMINATIONS

Messages received from the Govern-
ment of the District of Columbia Jan-
uary 6. 1961 :

District or Columbu Redevelopment Lakd
Agency

Pursuant to the provisions of section 4(a)
of Public Law 692, 79th Congress, approved
August 2, 1946, Neville Miller as a member
of the District of Columbia Redevelopment
Land Agency, to fUl the unexpired term of
James E. CoUiflower, resigned, whose term
expires March 3, 1961.

Pursuant to the provisions of section 4(a)
of Public Law 592, 79th Congress, approved
August 2, 1946, Neville Miller as a member
of the District of Columbia Redevelopment
Land Agency, to succeed himself for a term
of S years, effective on and after March 4,
19ei.

HOUSE OF REPRESENTATIVES

Friday, Jantary 6, 1961

The House met at 12 o'clock noon.
The Chaplain, Rev. Bernard Braskamp,
DJD.. offered the following prayer:

The tribute to Job. the patriarch, by
one of his friends (Job 4: 3-4) : Behold,
you have instructed many and your
words have kept men on their feet.

O Thou who art the supreme source
of all good gifts, we rejoice that in these
strange days, when confused cries are
echoing throughout the world, we have
among us men and women whom Thou
hast blessed with a vision of the durable
and eternal values and who never fear
the loneliness of following and pursuing
that which is noblest and best.

On this his birthday we thank Thee
for the life and character of our beloved
Speaker who holds such a regal place in
our affections, not only because of his
conspicuous achievements in the realm
of politics and the affairs of state but,
that, in the high and holy privilege of
daily walking and working with him. we
have found ourselves strengthened and
encouraged by his words of counsel and
the companionship of his kind and
gracious heart.

We pray that Thou wilt continue to
endow him richly with the gifts of lead-
ership, the leadership of aspiration and
adventure, of wisdom and imderstand-
ing, of faith and fortitude, and may his
own heart be filled with gladness and
receive the benediction of Thy grace as
he gives himself wholeheartedly and
patriotically to the arduous task of find-
ing ways and means for the building of
a better world.

Hear us in the name of the Prince oi
Peace. Amen.

The Journal of the proceedings of
Wednesday, January 4, 1961. was read
and approved.

MESSAGE FROM THE SENATE

A message from the Senate by Mr.
Carrell, one of its clerks, announced that
the Senate had passed, without amend-
ment, a concurrent resolution of the
House of the following title:

H. Con. Res. 1. Concurrent resolution that
effective January 3. 1961, the joint com-
mittee created by Senate Concurrent Reso-
lution 92, 86th Congress, continue and have
same powers as conferred by said resolution.

ANNOUNCEMENT

The SPEAKER. The Chair desires to
announce that, pursuant to the author-
ity conferred upon him by House Reso-
lution 11 and House Resolution 12, 87th
Congress, he did. on Wednesday. Jsmu-
ary 4. 1961, administer the oath of ofBce
to the Honorable James B. Utt and the
Honorable George M. Grant at Bethesda
Md.

GEORGE M. GRANT

Mr. ELLIOTT. Mr. Speaker, I offer a
privileged resolution and ask for its im-
mediate consideration.

The Clerk read as follows:

H. Res. 82

Whereas Oeobce M. Grant, a Representa-
tive from the State of Alabama, has been
unable from sickness to appear In person to
be sworn as a Member of this Ho\ue. but has
sworn to and subscribed to the oath of office
before the Speaker, authorized by resolution
of this House to administer the oath, and the
said oath of ofllce has been presented in his
behalf to the House, and thtre being no con-
test or question as to his election: Now,
therefore, be it

Resolved, That said oath be accepted and
received by the House as the oath of office of
the said George M. Grant as a Member ai
this Hovise.

The resolution was agreed to.

HON. JAMES B. UTT

Mr. ELLIOTT. Mr. Speaker. I offer a
privileged resolution and ask for its im-
mediate consideration.

The Clerk read as follows:

H. Res. 83

Whereas James B. Utt, a Representative
from the State of California, has been unable
from sickness to i^pear in person to be
sworn as a Member of this House, but has
sworn to and subscribed to the oath of office
before the Speaker, authorized by resolution
of this House to administer the oath, and the
said oath of office has been presented In his
behalf to the House, and there being no con-
test or question as to his election: Now,
therefore, be it

Resolved, ThaX said oath be accepted and
received by the House as the oath of office
of the said James B. Utt as a Member of this
House.

The resolution was agreed to.

SWEARING IN OP MEMBER
The SPEAKER. Will any Monber who
has not been sworn come to the well of
the House and take the oath of ofllce.

288

CONGRESSIONAL RECORD — HOUSE

January 6

H^'

Mr. ADAIR appeared at the bar of the
House and took the oath of ofDce.

i!

STATE OP HAWAn

The SPEAKER laid before the House
the following commi ilcation, which was
read and. with accompanying papers, re-
ferred to the Committee on House Ad-
ministration:

OXirDUL SBKVICSS AOKIMISTBATIOlt,

Washington, D. C, January 9. 1961.
Hon. Sam Ratbttkit,

Speaker of the House o ' Representatives,
Washington, D.C.

Dkax Ms. Sptakeb: Transmitted herewith
Ifl a copy of the certificate of ascertainment
received today from the State of Hawaii, In
conformity with the final claiise of section
e. title 3, United States Ckxle.
Sincerely yours,

FKAKKLIN FtOSTB,

Adminittrator.

The SPEAKER. The Clerk will read
the certificate.
The Clerk read as fc'lows:

Star of Hawau.
To the AoiciNi8T>AToa of OxmaAL Skbvicxs,

puksuamt to th« laws of th« untrxd

States.
1, William P. Quinn, Governor of the
State of Hawaii, do hereby certify that the
returns of votes cast for electors of Presi-
dent and Vice President of the United States
of America, for the State of Hawaii, at an
election held therein for that purpose, on
the Tuesday after the first Monday In No-
vember, In the year of our Lord 1960. agree-
ably to the provisions of the laws of the said
State, and In conformity with the Constitu-
tion and laws of the United States, for the
purpose of giving In their votes for Presi-
dent and Vice President of the United States,
for the respective terms prescribed by the
Constitution of the United States, to begin
on the 20th day of January In the year of
our Lord 1961, were, ascertained by Judg-
ment of the circuit court of the first Judicial
Circuit. State of Hawaii, in proceedings en-
titled Herman T. F. hum et al.. v. Oavien A
Bush et al. (ClvU No. 7029), entered on the
80th day of December A.D. 1960, and that
the list of persons voted for and the number
of votes cast for each, pursuant to said Judg-
ment, respectively, is as follows:

Republfcan Party: Oavien A. Bush, 92,298-
J. Howard WorraU, 92,296: O. P. Soares'
92,295.

Democratic Party: WlUlam H. Heen. 92-
410: Delbert K. Metsger. 92,410; Jeannle Wil-
son, 92,410.

And I further certify that: WlUiam H.
Heen. Delbert B. Metsger. and Jennie Wilson
were appointed electors of President and
Vice President of the United States of
America, for the State of HawaU, at said
election.

Given under my hand and the seal of the
State, this 4th day of January, in the year
of our Lord 1901.

; Wn-LIAM p. QUJMV,

Governor of HatoaU.

BIRTHDAY ANNIVERSARY OP THE
HONORABLE SAM RAYBURN

Mr. McCORMACK, Mr. Speaker, I
desire recognition at this time.

The SPEAKER The gentleman from
Massachusetts is recognized.

Mr. McCORMACK. Mr. Speaker, the
people of America, and particularly our
colleagues in the House and Senate.
know as we sit here today that one of
the great figures of American history is

our distinguished and beloved Speaker,
the gentleman from Texas [Mr. Ray-
bukn].

We will not be here two or three gen-
erations from now. but we do not have to
wait for the historians of tomorrow to
write about the life of this great man and
his outstanding contribution to the pres-
ervation and the progress of our country.
As we sit here today we know that Sam
Ratbvrn when he was bom was to be a
man of destiny, we know that Sam Ray-
BXTRN today is one of the great figures
of American history. Strong and deter-
mined in his views, tolerant in his as-
sociations with his fellow men, possessed
of a mind of understanding that is not
only a symbol but an inspiration to all
persons to follow. 8'.m R.\ybttrn has dedi-
cated his life to the public service of the
people of the State of Texas and to the
people of the United States of America.
To adequately discuss this outstand-
ing American and fine gentleman would
take a long period of time. While he
may be a citizen of Texas, so far as the
State of Texas is concerned. In the minds
of all Americans he is a citizen of every
State of the Union. That impression
exists in the minds of our people as
the result of the man himself: His dedi-
cated mind to God. to coimtry, and to
mankind. As the result of the election to
Congress by the people of my district.
one of the great pleasures of my life has
been to meet and to know Sam RAYBXTRit .
Throughout the years as a young legisla-
tor in this body and as the years have
gone by, he has always been a constant
inspiration to me as well as to other
people. On various occasions I have
referred to him as the man with a "heart
of gold." You and I have the honor
today of sitting in the presence of a man
who very shortly will have presided over
this body twice as long as any other
Speaker in the history of our country
and who has served longer in this body
than any other man in the entire history
of the National House of Representatives.
We also have the honor of sitting In the
presence of an humble man; yes, and
all the greater because of his humility,
who is a man of destiny and a man of
history. We know today that Sam Ray-
burn's place in American history will be
outstanding.

So, without any further remarks on
my part. I know I speak the sentiments
of all of my colleagues, both in the House
and in the Senate, and beyond that the
people of the 50 States of the Union, in
extending to him our very hearty and
sincere congratulations on tiis birthday
aiuiiversary and that Qod. in His in«
finite wisdom, will continue for coimt-
less of years to come to bestow upon Sam
Raybuhn the man. Sam Raybukn the leg-
islator, Sam Raybttrn the Speaker, an
abundance of His choicest blessings.

Happy birthday. Sam Raybukn, on this
occasion.

BIRTHDAY ANNIVERSARY OF THE
HONORABLE SAM RAYBURN

Mr. ARENDS. Mr. Speaker. I ask
unanimous consent to address the House
for 1 minute.

The SPEAKER. Is there objection
to the request of the gentleman from
nUnols?

There was no objection.

Mr. ARENDS. Mr. Speaker. I wish
to express what I know to be the feelings
of the membership on this side of the
aisle, shared with the feelings of the
entire memt>ership of this House: Our
best wishes, our hearty congratulations
and good luck to the distinguished
Speaker of the House of Representatives.
The gentleman from Massachusetts
[Mr. McCormack] well said most every-
thing in the ."learts and minds of all of
us. I want our Speaker to know how
heartily we agree and to congratulate
him and to wi5h him well in all the days
ahead.

Mr. PATMAN. Mr. Speaker, it is a
great pleasure to pay tribute to the fair-
est bluebonnet of Texas, or the fairest
marigold of the United States, as the case
maybe.

Much Is being said these days, in the
newspapers and elsewhere, about the
tender age of those who are about to lead
the executive branch of the Oovemment
and the rather ancient age of those we
have Just chosen to guide the ship of
state in Congress.

Cicero, whom history has proved a
wise scholar ou matters of state, had this
to say:

Intelligence, and reflection, and Judgment
reside In old men, and if there had been none
of them, no states could exist at all.

But in the same passages Cicero qxiali-
fied what he meant by old men in whom
intelligence, reflection, and Judgment re-
side. He said this:

For as I like a young man in whom there
is something of the old. so I like an old man
In whom there U something of the young;
and he who follows this "'»*'"i. in body wUl
possibly be an old man. but he wlU never b«
an old man In mind.

The truth is. then, that there is really
no conflict or disparity in ages, such as
the commentators suggest, in the Judg-
ment, reflection, and intelligence of our
leaders. Certainly if there was ever a
man who remains young in mind it is our
beloved Speaker, Sam Rayburn. He will
never be an old man in mind.

1961

CONGRESSIONAL RECORD — HOUSE

289

RECESS

The SPEAKER. The House will
stand in recess subject to the call of (he
Chah-.

Accordingly (at 12 o'clock and 15 min-
utes p.m.). the House stood in
subject to the call of the Chair.

AFTER RECESS

The recess having expired at 12 o'clock
and 55 minuter pjr. the House was called
to order by the Speaker.

COUNTINa THE ELECTORAL VOTES:
JOINT SESSION OP THE HOUSE
AND SENATE HELD PURSUANT TO
THE PROVISIONS OP SENATE
CONCURRENT RESOLUTION 1
At 12 o'clock and 55 minutes pjn.. the

Doorkeeper. Mr. Willam M. Miller, »n-

Douzioed the Vloe President and the Sen-
ate of the United SUtes.

llie Senate entered the Hall, headed
by the Vice President and the Secretary
of the Senate, the Members and officers
of the House rising to receive them.

The Vice President took his seat as the
presiding officer of the Joint convention
of the two Houses, the Speaker of the
House occupying the chair on his left

The joint session was called to order
by the Vice President.

The VICE PRESIDENT. Mr. Speaker
and gentlemen of the Congress, the Sen-
ate and the House of Representatives,
pursuant to the requirements of the Con-
stitution and laws of the United States,
have met in joint session for the pur-
pose of opening the certiflcates and
ascertaining and counting the votes of
the electors of the several States for
President and Vice President.

The Vice President of the United
States would like to make an expression
on behalf of the Members of the Sen-
ate who are here meeting with the House
of Representatives, extending our con-
gratulations to the Speaker on his 79th
birthday, which he cel^rates today.

Under well-established precedent, un-
less a motion shall be made in any case,
the reading of the formal portions of the
certiflcates will be dispensed with. After
ascertainment has been made that the
certiflcates are authentic and correct in
form, the tellers will count and make a
list of the votes cast by the electors of
the several States.

The tellers on the part of the two
Houses will take their place at the
Clerk's desk.

The tellers. Mr. Hayden and Mr. Cttr-
ns, on the part of the Senate, and Mrs.
Bolton and Mrs. Kelly on the part of
the House, took their places at the desk.

The VICE PRESIDENT. The Chair
hands to the tellers the certiflcates of the
electors for President and Vice Presid«it
of the State of Alabama, and they will
count and make a list of the votes cast
by that State.

Senator HAYDEN (one of the tellers) .
Mr. President, the certificate of the elec-
toral vote of the State of Alabama seems
to be regular in form and authentic and
it appears therefrom Uiat John F. Ken-
nedy received five votes for President,
and Harry P. Bybo of the State of Vir-
ginia received six votes for President;
that Lykoon B. JoEorsoN of the State of
Texas received five votes for Vice Presi-
dent, and Strom Thurmond of the State
of South Carolina received six votes for
Vice President.

The VICE PRESIDENT. If there be
no objection, the CThair will omit in fiu--
ther procedure the formal statement just
made and will open in alphabetical or-
der and pass to the tellers the certiflcates
showing the votes of the electors of each
State. The tellers will read, count, and
announce the result in each State as was
done In the State of Alabama.
Is there objection?
There was no objection.
The tellers then proceeded to read.
count, and announce, as was done in the
case of Alabama, the electoral votes of
the several States in alphabetical order,
cvn !•

When the State of Hawaii was reached, the constitution at the United Statos. «o
the Vice President made the following ^>^^ on the 20th day of January ia the
statement. ' " " —

The VICE PRESIDENT. The Chair
desires to make a statement. The C:halr
has received three certiflcates from per-
sons claiming to be the duly appointed
electors from the State of HawalL The
Chair will hand these certiflcates one at
a time to the tellers who will read the
certiflcates and the attached papers in
full. After the first certificate has been
read the Chair will then hand the second
certificate to the tellers, and then the
third.

The Crhair hands to the tellers the first
of the three certiflcates for the State of
Hawaii.

The first certificate is as follows:
State or HAWAn

We. the imderslgned. electors of President
and Vice President of the United States of
America, for the respective terms beginning
on the 20th day of January. In the year of
our Lord 1961. being electors duly and
legaUy appointed and qualified by and for
the State of HawaU. as appears by the an-
nexed list of electors, made, certified, and
delivered to us by the executive of the State.
having met and convened at the capltol. in
Honolulu, in said State, In piircuance of the
Constitution and laws of the United States,
and in the manner provided by the laws of
the State of Hawaii, on the first Monday
after the second Wednesday, being the 19th
day of December, in the year of our Lord
1960.

Do hereby certify, that being so assem-
bled and duly organized, we proceeded to
vote by baUot. and balloted first for such
President and then for such Vice President,
by dUtlnct ballots.

And we further certify, that the following
are two distinct lists; one, at the votes for
President, and the other, of the votes for
Vloe President, so cast as aforesaid:

LIST or ALL PERSONS VOTED FOR AS PRESIOEMT.
WTTR TRX XT7MBER OF VOTES FOE EACH

Name of person voted for: Richard M.
Nixon, of California. Number of votes:
Three.

LIST or ALL PERSOirS VOTED FOR AS VICE PBS8I-
DKNT, WITH THE KUMBER OF VOTES rOR EACH

Name of person voted for: Henry Cabot
Lodge, of BCassachusetts. Number of votes:
Three.

In witness whereof, we have liereunto set
our hands.

Done at the Capitol, in the city of Hono-
lulu, and State of Hawaii, on the first Mon-
day after the second Wednesday, being the
19th day of December. In the year of our
Lord 1960.

o. p. soares,

Gavien a. Bttbh,

j. howabs wc«rall.

Klecton.

State or Hawas
To the Asmhostratob or Ornebai. SBtvicas,

PUBSUAMT TO THE LAWS Or THE UMITSD

Statu
I. James K. Kealoba. Acting Oovemor of
the State of Hawaii, do hereby certify that
the retiuniB of votes oast for electors of
President and Vice President of the United
States of America, tor the State at HawaU,
at an election held therein for that purpoae,
on the Tuesday after the first Monday hi
November, in the year of our Lord 1900 agree-
ably to the provistcHis ot the laws of the
said State, and in conformity with the Con-
stitution and laws of the United States, for
the purpose of giving In thetr votes for
President and Vice President ot the United
Stataa, for the raqtectlve tuxxm preaerlbed by

year of our Lord 1961. were. aMMrtalned on
the 16th day of November AJ>. 1960, and *»««t
the list of persons voted for and the number
0* votes cast for each, respectively., is m
toUows:

Republican Party: Oavlm A. Bush. 9ajB06;
J. Howard WorraU. 98,S06; O. P. Soans.

DemocraUc Party: William H. Heen. 92.-
864; Delbert K. Metzger. 92,864; Jennie WU-
son, 92.364.

And I further certify that Oavein A. Bush
J. Howard WorraU. and O. P. Soares were
appointed electors of President and Vice
President of the United States of America,
for the State of HawaU, at said election.

Olven under my hand and seal of the
State, this 28th day of November, in the
year of our Lord, 1960.

Jaaob K. Keai/>w«.

AcUng Omoemar.

The Chair then handed the second
certificate to the tellers.

The certificate is as follows:
State or Hawaii

We. the undersigned, electors of President
and Vice President of the United SUtes of
America, for the respective terms beginning
on the 30th day of January, In the year of
our Lord 1961. l>eing electors duly and legally
appointed and qualified by and for the State
of Hawaii, as appears by the annexed list of
electors, made, certified, and delivered to us
by the executive of the SUtc. having met
and convened at the capltol. in Honolulu, in
said State, in pursuance ot the Constitution
and laws of the United States, and in the
manner provided by the laws ot the SUte of
Hawaii, on the first Monday after the second
Wednesday, being the 19th day of December,
In the year of our Lord 1960.

Do hereby certify, That being so nntm
bled and duly organized, we proceeded to
vote by l>allot, and bcOloted first for such
President and then t<x such Vise President,
by distinct ballots.

And we further certify. That the following
are two disUnct lists; one, ot the votes for
President, and the other, of the votes for
mce Preaident. so cast as aforesaki:

List of all persons voted for as President,
with the number of votes for each:

Name of person voted for: John P. Ken-
nedy, of Massachusetts. Number of votes:
Three.

List of all persons voted for as Vice Presi-
dent, with the number of votes for each:

Name of person voted for: Ltmsom B.
JOHNSON, of Texas. Number of votes:
Three.

In witness whereof, we have huwunto set
o\ir hands.

Done at the capltol. in the city of Hono-
lulu, and State of Hawaii, on the first Mon-
day after the second Wednesday, being the
19th day of December, in the year of our
Lord 1960.

Jennb K. WtLSOir,
WILLLAM H. HxEir.

DBI.BEBT B. MXIZGim.

Electors.

TTie Chair handed the third certificate
to the tellers.
The certificate is as fOUows:

OeMBBAL SBtVKSB ADIfZHISTRATION,

National Abchivxs and Bbcords Sbticb.
ro AU To Whom These PrtMnts Shall Come,
Oreetings:

1 certify that the annexed copy, or eaeh of
the specified numbo- of annexiwl oopies, of
each document listed below is a true oopy of
a docimient In the official custody of the
Archivist of the United States.

Certificate of ascertainment of electars of
the State of Hawaii, dated January 4. 19S1.
received by the Admintstrator ot Oeoaral

290

CONGRESSIONAL RECORD — HOUSE

January 6

Hi

Senrices In aooordance with section 6, title 9,
United States Code.

In testimony whereof, I, Wayne C. Orover,
Archiylst of the United States, have hereunto
caused the seal of the National Archives to
be affixed and my name subscribed by the
Director of the Office of the Federal Register
of the National Archives, In the District of
Columbia, this 6th day of January. 1061.
Watni C. Grovir,
Archivist of the United States.
By DAvn> C. Ebkxhakt.

Btatx or Hawaii

To TKX ASICINISTSATOS OT OKNIRAL SCSVICIS
PtrBST7ANT TO THE LAWS OV THK UNITSD

Statbb:

I, William F. Quinn, Governor of the State
Of Hawaii, do hereby certify that the leturns
of votes cajit for electors of President and
Vice President of the United States of Amer-
ica, for the State of Hawaii, at an election
held therein for that purpose, on the Tues-
day after the first Monday in November, in
the year of our Lcn-d 1960 agreeably to the
provisions of the laws of the said State, and
In conformity with the Constitution and
laws of the United States, for the piirpose
of giving in their votes for President and
Vice President of the United States, for the
respective terms prescribed by the Consti-
tution of the United States, to begin on the
20th day of January in the year of our Lord
1961, were, ascertained by Judgment of the
Clrcxilt Court of the First Judicial District,
State of Hawaii, In proceedings entitled
Herman T. F. turn et al. v. Gavien A. Bush
et al. (Civil No. 7029), entered on the 30th
day of December A.D. 1960, and that the list
of persons voted for and the number of votes
cast for each, pursuant to said Judgment, re-
spectively, is as follows:

Republican Party: Gavien A. Bush, 92.295;
J. Howard Worrall, 95295; O. P. Scares, 92,295.

Democratic Party: William H. Heen, 92,410;
Delbert E. Metsger, 92,410; Jennie Wilson,
92.410.

And I further certify that William H. Heen,
Delbert K. Metzger, and Jennie Wilson were
appointed electors of President and Vice
President of the United States of America,
for the State of Hawaii, at said election.

Given under my hand and the seal of the
State, this 4th day of January, in the year of
our Lord 1961.

WIU.IAM F. Quinn,
Crovernor of Hawaii.

State or Hawaii,

EXBCOnVK CHAMBDtS,

Honolulu, January 4, 1961.

Mr. FKANKLIN VUilTW,

Administrator of General Services,
Washington, D.C.

Dbar Sis: I have enclosed herewith the
certificate of election of the three Democrat
electors of the State of Hawaii; namely, Mr.
William H. Heen, Mr. Delbert E. Metsger, and
Mrs. Jennie Wilson.

These electors were adjudged by the Cir-
cuit Court of the First Judicial Circuit, State
of Hawaii, to have received a majority of
the votes cast in the general election on
November 8, 1960, for presidential electors of
the State of Hawaii and to be the duly elect-
ed presidential electors of the State. A
certified copy of the Judgment is enclosed.

Under the Hawaii elections contest stat-
utes, an appeal may be taken to the supreme
court of the State frcHn the Judgment of
the circuit court. The appeal must be made
within 10 days after the decision of the
circuit court is entered, in this case by Jan-
uary 9. 1961.

The attorney general has advised me that
he will not appeal the declalon of the cir-
cuit coui^, and he has further advised me
that the possibility of an appeal in this case
by any defendant not represented by him is
remote.

As required by the State election contest
statutes. State certificates of election have

also been issued to the Democrat electors.
Very truly yours,

WlLUAM F. QtrlNN,

Governor of Hawaii.

In th> CixcOTr CoiniT or thx FnsT Judicial
CiBCxnT, Statx or Hawau, Civn. No. 7029
Herman T. F. Lum, Ernest I. Murai, Dolo-
res Martin, William R. Noruiood. Hung Leong
Ching, Edith DeMatta. James H. Kamo, H.
Tucker Gratz, Jean Sharpless, T. S. Goo,
Tadao Beppu, Robert C. Gilkey, Mitsuyuki
Kido, Richard Kageyama, Duke Kawasaki.
Revocato Medina, Walter M. Heen, Mildred
Curley. Kaipo Kauhane, Denise Chu, Joshua
Chu, Shizue Kashima, Joe Mottl, Bertram
Kanhara, Harry G. Albright, Sam Tanna,
Hiroshi Kato, and Thomas P. Gill, complain-
ants, v. Gavien A. Bush, O. P. Soarts and J.
Howard Worrall, presidential electors: Mrs.
James Beatty, Chris Holt. David Kahookele,
Arthur Kau. Tetsuichi Kurata and Henry
Yamashita. alternate presidential electors;
and James K. Kealoha as Lieutenant Gover-
nor of the State of Hawaii, defendants.

JUDQMKNT

Pursuant to the Findings of Fact and
Conclusions of Law heretofore filed herein.
It is hereby ordered, adjudged and decreed
that William Heen, Delbert MetEger, and
Jennie Wilson, the nominees of the Demo-
cratic Party for presidential electors of the
State of Hawaii, received a majority of the
votes in the general election on November 8,
19^, In the State of Hawaii, for the election
of presidential electors and alternate presi-
dential electors of the State of Hawaii and In
said general election were duly elected as the
presidential electors of the State of Hawaii
to elect a President of the United States
of America to hold office fear a term of 4
years from January 20, 1961; that J<^n 811-
va and Sam David, the nominees of the Dem-
ocratic Party for alternate presidential elec-
tors of the State of Hawaii for William Heen,
received a majority of the votes In the gen-
eral election on November 8. 1960, In the
State of Hawaii for the election of presi-
dential electors and alternate presidential
electors of the State of Hawaii and In said
general election were duly elected as the
alternate presidential electora of the State
of Hawaii for William Heen to elect a Presi-
dent of the United States of America to hold
office for a term of 4 years from January
20. 1961; that Ernest Uu and Charles Thomp-
son, the nominees of the Democratic Party
for alternate presidential electors of the
State of Hawaii for Delbert Metzger, received
a majority of the votes in the general elec-
tion on November 8, 1960. In the State of
Hawaii for the election of presidential elec-
tors and alternate presidential electors of
the State of Hawaii and in said general
election were duly elected as alternate
presidential electors of the State of Hawaii
for Delbert Metzger to elect a President of
the United States of America to hold office
for a term of 4 years from January 20, 1961;
that John Fernandes and George Watase, the
nominees of the Democratic Party for alter-
nate presidential electors for Jennie Wilson,
received a majority of the votes in the gen-
eral election on November 8, 1960, in the
State of Hawaii for the election of presi-
dential electors and alternate presidential
electors of the State of Hawaii and In said
general election were diily elected as alter-
nate presidential electors of the State of
Hawaii for Jennie Wilson to elect a Presi-
dent of the United States of America to hold
office for a term of 4 years from January 20,
1961; and that in the general election on
November 8, 1960. In the State of Hawaii
for the election of p>resldentlal electors and
altwnate presidential electors of the State
of Hawaii, no other person received a ma-
jority of the votes for any such office or was
elected to any such office.

It Is hereby further ordered, adjudged and
decreed that In said general election on No-

vember 8. 1960, In the SUte of Hawaii. tlM
total number of valid votes for the nominees
of the Democratic Party for presidential
electors and alternate presidential electors
was 92.410 valid votes and the total number
of valid votes for the nominees of the Repub-
lican Party for the presidential electors and
alternate presidential electors was 92.295: and
that In said general election no other per-
son received a valid vote for presidential
elector or alternate presidential elector.

Dated: Honolulu. Hawaii, this 30th day
of December 1960.

Ronald B. JamxaoN,
JuAge of the Above Entitled Court.

The VICE PRESIDENT (after con-
sideration of the aforementioned docu-
ments by the tellers). The Chair ha«
knowledge, and is convinced that he is
supported by the facts, that the certifi-
cate from the Honorable William P.
Quinn, Governor of the State of Hawaii.
dated January 4, 1961. received by the
Administrator of General Services on
January 6, 1961, and transmitted to the
Senate and the House of Representatives
on January 6, 1961. being Executive Com-
munication Number 215 of the House of
Representatives, properly and legally
portrays the facts with respect to the
electors chosen by the people of Hawaii
at the election for President and Vice
President held on November 8, 1960. As
read from the certificates. William H.
Heen. Delbert E. Metzger. and Jennie
Wilson were appointed as electors of
President and Vice President on Novem-
ber 8, 1960. and did on the first Monday
after the second Wednesday of Decem-
ber. 1960, cast their votes for John F.
Kennedy of Massachusetts for President
and Lyndon B. Johnson of Texas for Vice
President.

In order not to delay the further count
of the electoral vote here, the Chair,
without the intent of establishing a
precedent, suggests that the electors
named in the certificate of the Governor
of Hawaii dated January 4, 1961, be
considered as the lawful electors from
the State of Hawaii.

If there be no objection in this joint
convention, the Chair will instruct the
tellers — and he now does — to count the
votes of those electors named in the cer-
tificate of the Governor of Hawaii dated
January 4, 1961 — those votes having been
cast for John P. Kennedy, of Massachu-
setts, for President and Lyndon B. John-
son, of Texas, for Vice President.

Without objection the tellers will ac-
cordingly count the votes of those elec-
tors named in the certificate of the Gov-
ernor of HawaU dated January 4, 1961.

There was no objection.

The tellers then proceeded to read,
count and announce the electoral votes
of the remaining States in alphabetical
order.

The VICE PRESIDENT. Gentlemen
of the Congress, the certificates of all of
the States have now been opened and
read, and the tellers will make final as-
certainment of the result and deliver the
same to the Vice President.

The tellers delivered to the Vice Presi-
dent the following statement of the
results:

The undersigned, Caml Hatdcn and Oabl
T. Curris. tellers on the part at the Senate.
Edna F. Kjoxt and FaAMcss P. Bolton.

1961

CONGRESSIONAL REOMID — HOUSE

291

tellers on the part of VtM Hbvse of Repre-
sentatives, report the following as the result
of the aecertmtnment and coxmtlnf at the

electoral vote for President and Vice Presi-
dent of the United States for the term be-
ginning on the 20th day of January 1961.

Else-
toral

ofeseb
State

ForPreskkm

Fte Vke President

■lasts

/Ola P.
KsMedj.
ofMsass-
ehuaetts

Richard

M.

Nixon.

of Call.

tenia

HsnjF.
Byrd.of

LyadoD

B.JobB-

son, of

Texas

Henry
Cabot

Lodge,
ofMssaa-
etaasetu

StitMB

Tbnr-

inond,

of South

Oartdina

BWTT

Ooldl

water, of
Arizona

A tasks

U

»

It

r

IS

10

10
10

M

ao
11

u

M

40

14

36

«

11

M

IS

n

s

s

t
4

6

•

»

4

0

-^. •....•_

Arlnaa

1, ,

--

*■■ — -

•

s

CaMlDnita

SI
6

Colorado

■•■• - --■■KU

8

S

Delswsn

io"

FlorMa

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Oabl Hai
Cabi. T. Cnans.
TeUtn OK tha Part of the Senate.
&>Ma P. Kbllt.
ntANos P. Bolton.
Tetters on the Part of the Bouse of
Representatives.

The sUte of the vote for President at the
United States, as delivered to the President
at the Senate, Is as follows :

The whole number at electors appointed
to vote for Presldoit oT the United SUtes is
637. of which a majority la MP.

John F. Kennedy, of the SUte of Iffasss
chusetta. has received for President of the
United SUtes 303 votes; Richard M. Nixon,
of the SUU of California, has received 319
votes; Harry F. Byrd. of the SUU of Virginia,
has recelvvd 15 votea.

The BtoU of the TO«e for Vloe PNsMMit
ot the United SUtes. daUvssied to the Presi-
dent of the SenaU, Is asfoUows:

The whole number of the electors ap-
pointed to vote for Vice Prealdent ot the
United SUtes Is 587, of which a majority Is
2S9.

Lyndon B. Johnson, of the SUte of Texas,
has reoetved for Ties President of the United
SUtes tos votes; Benry Caboe Lodge, of the
otato at Maaaaehusetts. has reeelvsd 319
votes; stroan Thurmond, of the SUU of
South Carolina, baa reeetrad 14 votas; Bsxry
Ooldwater. at the StaU ot Arlaona, has n-
c«l»ed 1 ?o<te.

This announcement of the sUU of the
vote by the President of the Senate shall be
deemed a sufficient declaration of the per-
sons elected President and Vice President of
the United SUtes. each for the term begin-
ning on the 20th day of January 1961, and
shall be entered, together with a list of the
▼otea. on the Joumala of the Senate and
^ouse of BeprescntaUves.

TTie VICE PRESIDENT. Mr. Speaker,
since this is an unprecedented situation,
I would like to ask permission to Impose
upon the time of the Members of this
Congress to make a statement which in
itself is somewhat unprecedented.

I promise to be brief. I shall be guided
1^ the 1 -minute rule of the House rather
than the unlimited time rule that pre-
rails in the S«iate.

Tills is the first time In 100 TMin that
a candidate for the Presidency an-
nounced the result of an election In
which he wm defeated and announced
the vlct(M7 of his opponent. I do not
think we coold have a more striking and
eloquent example of the stability of our
constitutional system and of the proud
tradition of the American people of de-
veloping, respecting, and honoring In-
stitutions of self-government.

In our campaigns, no matter bow
hard fought they may be, no matter how
close the election may turn out to be.
those who lose accept the verdict, and
support those who win. And I would like
to add that, having served now in Gov-
ernment for 14 years, a period which
began in the Rouse just 14 years ago, al-
most to the day, which continued with
2 years in the Senate and 8 years as
Vice President, as I complete that 14-
year period it Is indeed a very great honor
to me to extend to my colleagues in the
House and Senate on both sides of the
aisle who have been elected; to extend to
John P. Kennedy and Ly^idow Johnsoh,
who have been elected President and Vice
President of the United States, my heart-
felt best wishes, as all of you work In a
cause that is bigger than any man's am-
bition, greater than any party. It is the
cause of freedom, of Justice, and peace
for all mankind.

It Is in that si^rlt that I now declare
that John P. Kennedy has been elected
President of the United States, and Lyh-
DOK B. Johnson Vice President of the
United States.

Members of the Congress, the purpose
for which the Joint session of the two
Houses of Congress has been called pur-
suant to Senate Concurrent Resolution
1. having been accomplished, the Chair
declares the Joint session dissolved.

(Thereupon, at 1 o'clock and 48 min-
utes post meridian, the Joint session of
the two Houses of Congress was dis-
solved.)

The SPEAKER. Pursuant to Senate
Concurrent Resolution 1, the Chair
directs that the electoral vote be spread
at large upon the JoumaL

THE SPEAKER'S BIRTHDAY

Mr. McCORMACBL Mr. Speaker. I
ask unanimous consent that all Members
who may desire to do so may extend
their remarks at this point In the Cov-
GRKSsioNAL Rkcoro for 5 days in relation
to the birthday of our beloved Speaker,
the gentleman from Texas [Mr. Ray-
BTJRN], and that in connection with my
request the gentleman from Texas CMr.
Patkan] may have permission to extend
his remarks in the body of the Ricoss
Immediately follovring those of the gen-
tleman from niinoLs CMr. Arknds].

The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts?

There was no objection.

Mr. ALBERT. Mr. Speaker, I desire
to Join the distinguished majority leader
In wishing you a happy birthday with
many happy returns. Your distin-
guished service in this House surpasses
that of all others and places your name
in history beside the greatest of those
ever to have served this country.

Your many klndneeses to me have
given you a p«petual place in my heart,
set apart from all other men whom I
have had the honor to know. I am proud
that my oongressiooal district borders
yours. I am proud that the people in
every aecUoa of my State look upon you
affectionately as Oklahoma's great Con-
gressman at lArge. The people of Okla-
homa really fed thle waj About you.

f

't'

292"

CONGRESSIONAL RECORD — HOUSE

January 6

if

They adore you and appreciate, beyond
the power of words to express, the help-
ing hand you have given us on so many
occasiOHB.

We wish you many long years of health
and happiness and many long years of
distinguished and irreplaceable service
in this House.

Mr. ULLMAN. Mr. Speaker. It is a
genuine pleasure to join the majority
leader in extending to our beloved
Speaker best wishes for a happy birth-
day and many more to come. The Mem-
bers of this body have no finer or truer
friend than Sam Raybttrn. His qualities
of greatness are worn easily. He has
never lost the common touch. His love
for people is second only to his love for
his country. His door is always open for
his fellow Members of this great body.
Although he is the busiest man here, he
is the most accessible. His advice, coun-
sel, and judgment have been an invalu-
able staff to me since the day I arrived
here. America is fortunate to have this
man of the people, this great Democrat.
as one of its foremost leaders. His im-
pression on history extends beyond the
borders of his congressional district in
Texas and beyond the borders of his be-
loved country. All the world is better
for having Sam Raybxtrn. His footprints
extend from this position of great re-
sponsibility to every corner of the world.
I extend my slncerest congratulations
and best wishes to Speaker Raybxtrn on
this, his 79th birthday.

Mr. THORNBERRY. Mr. Speaker. I
want to join the majority leader and my
colleagues in wishing the distinguished
Speaker a happy birthday.

It is a great privilege for all of us to
have had the opportunity to be associ-
ated with him in the House of Repre-
sentatives. One of the most satisfying
experiences I have ever had is my associ-
ation with him and the generous friend-
ship he has afforded me.

ThrougbHIt this Nation and the world
I know thsre are men and women who
rejoice in his splendid service to human-
ity everywhere.

Mr. EVINS. Mr. Speaker. I should
like to Join with our distinguished ma-
jority leader, the gentleman from Massa-
chusetts [Mr. McCormack] and others
in extending birthday congratulations
to Speaker Raybxtrn on the occasion of
his 79th birthday anniversary.

Speaker Raybxtrn, as we all know, is
recognized as a great Texan and a great
American, but I would like to remind
my colleagues that he is also a great
Tennessean. Tennessee claims him as
a native son and shares with Texas great
pride in his noble achievements and
distinguished record of service to our
beloved country.

During the adjournment of Congress
Mr. Sam returned to Tennessee and to
his birthplace in Roane County, Tenn.,
which is adjacent to the district I have
the honor to represent in the Congress.
During this latest visit to his native
State, I had the pleasure and privilege
of being among the party that received
Mr. Sam and welcomed him back to Ten-
nessee. That was a great day for our
State and today is also a great occasion
as Tennesseans. Texans and all Ameri-

cans congratxilate Speaker Raybttrn on
another milestone In his distinguished
career.

The Illustrious career and record of
Speaker Raybxtrn is imsurpassed and
unequaled in the history of our Nation.
The influence and leadership of Speaker
Raybxtrn is felt around the world and as
we move into the sixties I am most
happy to join with others in wishing for
our 'riend. Speaker Rayburn, many years
of good health, good luck, success, and
happiness.

Mr. MARSHALL. Mr. Speaker, I am
sure that this House has never been
more unanimous than it is in extending
good wishes to the Speaker on his birth-
day.

No man has occupied the Speaker's
chair longer than its present occupant
and few have enjoyed the great measure
of respect and affection that is his. He
has shared his pride in the House of Rep-
resentatives and his love for the Congress
with all of us and has made us proud to
serve with him.

He has freely given of his 50 years of
experience and all of us have benefited
by it. He is a good friend and a just
leader who gives dignity and honor to
the House.

Despite the heavy duties of the speak-
ership, he remains a ready friend and a
valued counselor. In the finest sense, he
is a true leader of men.

Speaker Raybxtrn has won the respect
and earned the admiration of thousands
of men and women who have served with
him. There is no better testimony to his
integrity and his talents. No man has
given more generously of his efforts
through a half century of dedicated serv-
ice to his fellow citizens.

Our words do not add to his stature but
we hope he will accept them in the spirit
of affection in which they are offered —
our best wishes for good health and hap-
piness to a great American.

Mr. O'HARA of Illinois. Mr. Speaker,
on the 79th natal anniversary of the dis-
tinguished and beloved presiding officer
of this body, it is interesting to note that
the transcending American who served
as President of the United States longer
than any President in the history of the
Republic, Franklin Delano Roosevelt, and
the mighty American who served as
Speaker of the House, a position second
only to the Presidency, longer than any
Speaker in our history, both were born
in January in the year 1882. The name
of Sam Rayburn, as that of Franklin Del-
ano Roosevelt, is imperlshably inter-
woven in the story of our country and of
the world In great and crucial periods.
To us who here serve with him in the
House is the rare privilege of association
with a statesman history will write one of
the outstanding legislators of all times.
With admiration and affection we salute
Mr. Sam on his birthday.

Mr. LIBONATl. Mr. Speaker, the
murmuring of Joyful voices in the dis-
tance are measured in tones of happi-
ness. We are glad to have with us in our
work, with God's blessings, a great Amer-
ican.

Your fine sense of balanced sagacity in
international and national questions
serves as our guidance <m political policy.

Many of us. in times of great stress and
confused attitudes of mind, look to you
for strong leadership.

Your level-headed thinking on impor-
tant measiu-es has pointed the way from
indecision.

You are a great statesman, who llres
by the rule of the common man — "make
up your mind, using commonsense. and
then do it."

As a patriotic leader, dedicated to the
great Anerican principle of devotion to
the Nation's common good, you have
always reflected such interest in the type
of laws passed by the Congress for the
protection, welfare, and prosperity of its
people.

We. your Democratic colleafi[ues from
the great State of Illinois, greet you with
heartfelt embrace on this, your 77th
birthday. And pray to Ckxl in His omnip-
otent wisdom, to safeguard yoxir health.
May we. by our loyalty to your great
leadership, add to your happiness and
insure to the people of this Nation the
protection which they have so richly re-
ceived through your good offices.

We pray that your birthdays be
many — so that the security of the lib-
erty-loving nations be preserved. May
God bless you. and may we have you with
us again and again.

Mr. BOYKIN. Mr. Speaker, I refer
to the talk that our great Majority
Leader John McCormack, of Boston,
made about our beloved Speaker. Of
course John McCormack Is known to be
one of the great orators, not only of the
Congress, but of this Nation or any other
place, and while he did. Mr. Speaker.
say some fabulous and wonderful things,
there is no way in the Kngltsh language,
or any other language I know, to prop-
erly describe the love and respect that
the men in this House, on both sides of
the aisle, and they represent every
human being in America, love and regard
our own Speaker Sam Raybxtkn. They
know Sam Rayburn, of Bonham, Tex.,
to be a real man, a great man, a good
friend, and above all soi outstanding, true
statesman and an American.

Mr. l^^eaker. I have worked with you
day in and day out. weekends, nights,
Sundays, and in conventions all over this
Nation for over a quarter of a century:
and your whole life and your heart and
John McCormack said you had a heart
of gold : I think you have a heart of gold
and silver too. a brilliant brain and an
understanding heart too.

Mr. Speaker, I do not know whether
you know it or not but you do not know
how the people down home, in that Mo-
bile Bay country, love and respect you.
They just want to take you away from
Bonham. Tex., and bring you over there.
The time you spent with us there In the
last Democratic campaign for President-
elect John P. Kennedy and Vice-Presi-
dent-elect Lyndon B. Johnson will al-
ways be remembered by the men, the
women, the boys, and the girls. It was
a great experience for these people and
one night when you. the Governor of
Alabama, the great senior Senator from
Alabama. Listsr Hill, all of the Demo-
cratic leaders and I were speaking for
our party and congratulating you, Mr.
Speaker, on the great speech you made

1961

CONGRESSIONAL RECORD -- HOUSE

293

that night over the radio and television
hookup, we estimated several hundred
thousands of people heard your q^eech
and we bad never heard a better one.
The great Bob Sxkks, of Crestview. Fla..
and his wonderful wife, Inez, phoned
when we finished and told us how much
they enjoyed your wonderful talks and
the talks that were made by all of the
great men that were there to help us
in our campaign. The same thing from
down in the great State of Mississippi,
there on the gxilf coast, then up at York,
Ala., on all over that part of the coun-
try: and, Mr. Speaker. I bad several
telephone calls from Butler, Choctaw
County, Ala. I was bom there and I
understand that it is less than 100 miles
from where you were born. You were
bom up there In that great country, the
Horseshoe Bend country, and that was a
battle where your people and my people
fought with the Indians that reidly
caused us to have that i>eace treaty
with England. Had It not been for those
great people there in the battles there,
and then in Mobile at Fort Bowyer.
which is Port Morgan now. the battle at
Pensacola, and the battle at New Orleans
against the British, I believe, and many
many people believe, we would still be a
colony.

The great Tom Martin, chairman of
the board of the Alabama Power Co., has
spent thoxisands and thousands of hours
of time: he sent people all the way to
England to search for the records and
f ovmd them : the English decided to make
peace after we down in Alabama, in Ten-
nessee, in Mississippi, and Florida, won
those battles from the English. The rec-
ord is clear, and your folks ajhd my folks
were there fighting side by side. Then
the great Sam Houston was there, too.
You and he, Sam Houston of the Alamo
fame, come from the same part of the
coxintry that we all come from, and our
own Sam Houston was badly wounded in
the Battle of Horseshoe Bend. Ala.
There is a book out on this, and I have
sent it to you. I have also sent it to
many other people. I sent It to you to
put in your wonderful library: if you
have not read it. I want you to read it.
But anyway, today, when you were sit-
ting there in the chair as Speaker of the
House of the Congress of the United
States, JoHK McCouiACK told his great
audience, not only on the floor of the
House, but the galleries were full from
every State in the Union and many other
lands, that you had been Speaker longer
than any man on earth and almost twice
as long as the great Henry Clay.

You did so much good on your trip to
our beloved Alabama. You took a lot of
time out of Texas to help Alabama.
Tennessee. Georgia. Mississippi, and
Florida. While we were disappointed in
losing Montgomery and Birmingham,
Ala., we carried MobUe and all of that
part of Alabama by a beautiful majority
for Jack Kennedy and Ltkdon JomraoH,
who have now been certified as President
and Vice President of these United
States.

All of the people all over that part of
our land will always remember and never
forget the days and nights you spent
there with us inspecting beautiful Brook-

ley Field that has made the greatest rec-
ord that we have in this Nation for the
Air Force, where you inspected oxir great
State docks at Mobile and all of the
many plants up and down the river
where they are bringing in iron ore from
Venezuela to make steel there in Ala-
bama, where the great aluminum plant
is nmnlng day and night: the largest
paper mill in the world that has over
40 acres of plant and machinery under
one roof: then the great Scott Paper Co.:
then the Stone Container Co.: and then
as we were cruising along showing you
the great waterways of Alabama, you
will recall, that we Inspected the largest
rayon plant in the world, the Courtaulds
Co. of England; then a little further
along, the Stauffer Chemical Co. of
Prance: and then on up to Mount Ver-
non where the great Indian Chief Geron-
imo was in captivity for so long before
we sent him to Oklahoma, but we still
have one of his grandsons who is one
of our game wardens at our hunting
preserve on the Tombigbee River at Mc-
intosh; then we showed you the spot
where Aaron Burr was captured after he
killed Alexander Hamilton. Last, but
not least, the plant of the great Olin
Mathieson Co. which produces trainloads
and bargeloads of chlorine, caustic soda,
and many other chemicals. This great
plant, to give you an idea of the size,
uses over $2 million worth of electricity
in 1 year. You saw the pipelines that
lead to the Tombigbee River from their
plant: you saw the loading of barges with
chemicals that go all over this Nation
everywhere that water runs. Then we
went on up to the Geigy Chemical Co.
These are the people. Mr. Speaker, who
invented DDT and these people are now
building seven new plants and, by the
way. a great Texas company is bxiilding
these plants for the Geigy Chemical Co.
Brown b Root, of Texas, are the con-
tractors.

Then we went on up the river to
Jackson. Ala., where you saw the great
sawmills, the Vanity Pair silk mills,
their new golf course, and then last, but
not least, the great Jackson lock and
dam at Coffeeville, Ala., which will be
completed this spring when we hope you
will return and be there with us to re-
joice and celebrate the dedication of this
great dam which will throw the water 80
miles farther up the Tombigbee River.
The Army Engineers, as you know, Mr.
Speaker, are spending over $500,Gk>0 a
month completing this great project.

So yoxir trip and your seeches over
the radio and your appearance with oxu"
Senators Lister Hill and John Sparkman,
our great Governor. John Patterson,
Congressman George Grant, and all of
us will be a memory that will linger with
the people of the First Congressional
District of Alabama for many long years
to come. They Just want you to retxim
again and again.

Well, our prayer is, Mr. Speaker, that
Speaker Sam Raybxtrn. of Texas and
Tennessee, will be with us for many,
many years to come, and I wish you
could have heard all of the fine things
said about you on your 79th birthday
yesterday. You looked so fine when Vice
President NncoN was sitting by you there
on the j%>eaker'6 rostrum, and I thought

Vice President Nixon gave you a great
compliment. The moment your name
was mentioned, every man sprang from
his seat, not only Democrats but Re-
publicans, to applaud you and the great
woiic you have done and have been
doing.

ADJOURNMENT UNTIL MONDAY.
JANUARY 9. 1961

Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that when the
House adjourns today it adjourn to meet
on Monday next.

The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?

There was no objection.

NEW INTERNATIONAL NEGOTIA-
TIONS FOR CUTS IN TJJS. TARIFFS

Mr. HEMPHILL. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the Record and
include extraneous matter.

The SPEAKER. Is there objection
to the request of the goitleman from
South Carolina?

There was no objection.

Mr. HEMPHILL. Mr. Speaker, imder
leave to extend my remarks in the
Record, I wish to insert the substance of
an advertisement that the Trade Rela-
tions Coimcil of the United States re-
cently ran in both the Wall Street Jour-
nal and the Washington Post and Times
Herald dealing with the subject of new
international negotiations for more cuts
in U.S. tariffs. The Trade Relations
Council is a vigorous coalition of Amer-
ican industry and agrlcultiu-e dedicated
to the concepts of equal opportunity and
f airplay in world trade. The member-
ship of the Trade Relations Council is
composed of himdreds of manufacturers,
manufacturing trade associations and
agricultural cooperatives. Through the
trade associations and agricultural co-
operatives, this organization repiresents
tens of thousands of domestic business
firms and agricultural producers.

The matter follows:

There's trouble ahead for many American
industries. And that means trouble far the
people who depend on these IndustrleB tot
Jobs. It is trouble in the tonn. of new inter-
national negotiations for more cuts in U.S.
tariffs.

The n.S. Oovernment has Just published
a list of American products which may be
placed on the official bargaining list when
we and 86 other countries, all members of
the General Agreement on Tariffs and Trade
(OATT), get together at Geneva, Swltser-
land, eeily next year for another round of
bargaining over tariffs and other trade
matters.

You know conditions and trends and
prospects in your own industry better than
any outsider does, and you know whether
your industry can afford to give tariff con-
cessions in today's struggle for markets.
But here are a few points you may want to
keep in mind If you agree that this Is a
good time to make haste slowly In tariff
bargaining.

OVB TAUrrS ASX AUIKADT among THX I.OWK8T

in thk would
Only a few eotmtriee have lower customs
duties than we do. Most of our Uggeet
trading partners, Ju«t as highly industrial-
ized as we are (thanks In large measure to the

294

CONGRESSIONAL RECC»U[> ~ HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

295

•i

it

!i

T

genaroslty ot the American ttxp^jvt Tla for-
eign aid). nf>*"t^'" lilgber tarlfla than we
do — and lot* of other trade reetrlctlons ae
welL

In fact, one recent ettidy Identified M
different ways — not ooiintlng tariffs — that
countries can discourage foreign trade and
block unwelcome Imports. According to
that study, no lees than 62 countries re-
quire import Ucensea; 4<J require exjxjrt li-
censes; 28 restrict Incoming capital and 86
restrict outgoing capital; 33 have multiple
rates of exchange; and 21 engage In prefer-
ential trading systems.

WB OITB A IXn — AND GET aHOKTCKAKOZD IK

RETtniN

Often the United States has reduced its
tarUIs If other countries simply agree not
to Increase theirs. Sometimes other coun-
tries lower their tariffs on a so-called re-
ciprocal basis — hut continue using other
types of restrictions against our goods.
Here Is how this Ineqxiallty works:

In 1959 Great Britain shipped 210,494 pas-
senger cars to this country, but took only
301 from us. West Germany sent us 205.790
cars, and took only 417 of ours. France
shipped us 171,285 cars, and accepted 666
In return. We Imported 46.629 cars from
Italy, and sent 843 over there. Adding up,
It tiUTis out these countries sent us 634,207
can — and took 2,027 U.S. cars.

WS ABS AUUEADT SPXNDINO OVBtSZAS $3-$4 ttXL-
LION A TEAR MOSZ TRAM WE TAKE IN

In 1900 the XTnlted States spent 93.7 bil-
lion more abroad than It earned. In 1958 the
deficit amounted to $3.4 bUlion. This has
upset what the economists call our balance of
payments, drained over $3 billion out of our
gold reserves In the last 2 years, and raised
doubts around the free world about the
soundness of the American dollar. Even our
foreign friends agree we cannot continue run-
ning up losses like this Indefinitely.

WK STILL don't know HOW TBI NEW TRADING
BLOCS IN EUROPE WILL AITCCT US

The free nations of West Europe are split
Into two rival trading camps — the Common
llarket and the Free Trade Ajssoclatlon. Both
give favored treatment to their members.
Both are still working out Internal kinks, and
will be for a long time. Both are composed
largely of OATT member nations — but the
tariff advantages they extend to each other
discriminate against other QATT nations, in-
cluding the United States.

The question Is: How best can the United
States deal with these rival blocs?

One thing is clear. We cannot bargain ef-
fectively with them until we know exactly
how their tariff policies and procedures will
affect us.

And obviously we cannot be expected to
make a lot of tariff concessions at OATT*b
bargaining table, simply on promises that w«
will get concessions In return at some vague
point In the future, after the new trade al-
liances have iKHied out all their internal
dlffereneee.

In short, the only sensible course open to
us is to wait until the other parties decide
how they are going to play the game. Then —
and only then — will the United States be able
to bargain realistically on a give-and-take
basis.

ZiOok whafa happened to imports of some
of the products on the tariff barter list.
Are American companies and workers who
make these products expendable?

Value of imports, 19S9 over 1954 — ^from
U.S. Oovemment statistics.

Percent

Automobiles up I, 537

Carbon tetrachloride up 2.806

Cash registers and part* up 318

Cotton yam ..^_._^. up 42

Sthers and eaten vp 606

Eyeglasses and gagglM _

Files and raps —_

Fishing tackle

Floor and wall tlles-__.^_^..-

POuntaln pens .— •- ..

Hl-fl equipment .— ..- —

LJnoleuin _-_— _— -

Machine tools (metal eattlng

and forming) — ....

Needles

Paper box machines

Plate glass

Rayon staple

Rivets

Selected sporting equipment

Shotgims

Steel beams and glrdsn

Surgical instruments

Synthetic Iron oxide and pigments.
Wire rods .

«p 477
up 162
up S8S
tip 1.013
up 9T9
up 1.086
up 1.M4

up 97

up 876

up 260

up 270

up 75

up 120

up 8,498

up 118

up 01

up 60

up 00

up 130

PANAMA CANAL: PRIME TAROET
FOR SUBVERSIVES

Mr. WALTER. Mr. Speaker. I ask
unanimous consent to extend my re-
marks at this point in the Record and
include extraneotos matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Pennsylvania?

There was no objection.

Mr. WALTER. Mr. Speaker, in the
last session of the Congress much waa
said on the floor of the House and before
committees about the status of the Pan-
ama Canal and the strip of U.S. sovereign
domain known as the Canal Zone.

The leader in what has been a cam-
paign of enlightenment on Isthmian
Canal policy questions is my distin-
guished colleague from Pennsylvania
[Mr. Flood]. His many years of steady,
extensive travels, and keen awareness
of the dangers in the evolving situation
to the south, have enabled him not only
to speak with authority but also to pre-
dict events with a remarkable degree of
accuracy.

Notable among his predictions was his
warning of the Congress on August 31,
I960, tliat after adjournment the Presi-
dent, on recommendation of the Secre-
tary of State, would authorize the for-
mal display of the Panama flag over the
Canal Zone. As foretold, this occurred
on September 17, 1960 — the day known
as Constitution Day.

Among recent published statements on
the Panama Canal sovereignty question
is the October 1960 leaflet of the Patrick
Henry League. Box 383, Main Post Of-
fice. Yonkers. N.T.. which I quote as part
of these remarks: ^

Pakaica CaarAi.

The Isthmus of Panama is a tongue of
land between the Pacific Ocean and the
Caribbean Sea. This narrow strip became
important as long ago as 1453 when Con-
stantinople fell to the Turks and Chziatlan
Europe found itself cut off from India. Co-
lumbus saUed weet to find a route to the
■ast. Balboa followed and explored the
XsthmuB of Panama in search of a mythical
waterway. Hernando Cortes. Spanish oon-
queror ot llezloo, pn^fMsed consitractlast ct
the iMeded water rout*. He was ths fkvt of
many to hope for this water link. Daring
six centuries, men planned, fought, and died
tn the cause of constractlnc • canal.

In 1883, a Fteneh company atarted exca-
vation under Count de Lesaeps. The com-
pany eventually found It needed 10 times
the estimated funds and the project folded
In 1889. Ferdinand Marie de Lessepe was
coodeBined to Imprisonment, but the aen-
tenoe was not carried out. Thus, the genius
rmpcauOA* for the Suea Canal tailed Id
Panama. The dream of Columbus remained
but the dream of many at the birth of tb«
aoth century.

The Spoouer Act of 1902 authorized Preei-
dent Theodore Roosevelt to start a U.S.
canal. Colombia owned Panama, however.
and the Colombian Oovemment would not
do buBlnesB. Panama revolted In 1903 and
we recognised the provisional government
immediately. The Hay-Bunau-Varilla Treaty
of 1903 between the United States and Pan-
ama established the Canal Zone, comprised
generally of a strip of land extending 5 miles
on either side of i;he present canal. We
paid the Republic a.' Panama $10 million in
1903 and $250,000 annuaUy beginning in

1913. (We raised payments to $430,000 per
year in 1930 and to $1,930,000 per year In
1966.) In 1921. the United SUtes gave Co-
lombia $25 nxllllon and special shipping
rights across the Isthmiis because of dam-
ages she suffered in the Panamanian revolt.

Building of the Panama Canal was prose-
cuted vigorously from 1907 to completion in

1914. Because of malaria and yellow fever,
the United SUtea drainad and oUed ths
marshes of Panama and buUt sewerage and
water supply systems for whole cities under
the medical direction of Col. WUllam C.
Oorgas. Chief Engineers Oeorge W. Ooethals
and J. P. Stevens led military and Oorem-
ment workers. Vast expenditures In human
lives and national assets brought about the
opening of the Panama Canal on August 15.
1914.

From opening until today, the American
flag has flown over the Panama Canal as
testimony to the fact that the blood, sweat,
and tears of our Nation called to Itfe the
dream of eentiules. The Panama Canal Is
not international, is not the property of any
other country. It Is ours. Just as much own
as the Capitol dome and the natioaal
anthem.

rrs xwnLT«ATio»

The campaign to oust the United States
from control of the Panama Canal was
started by Communists and supported by
leftwing university sttidents and volatile
nationalists In Panama.

Following the fall of Madrid to Franco st
the end of the Spanish etvU war In 193S.
many of Spain's Loyalists (Conununlsts)
migrated to the Americas. One group cleared
a crooked path to Panama and organised
the poliUcal party called the Partldo del
Puelxlo. Kver alnce. tha population of
Panama has been stirred up with demands
for Panamanian sovereignty and American
concessions of power. The Idea Is to lead
the people to revolt by appealing to thsAr
natlnnwl pride. Once the disturbance Is

great enough, the subject of Panama can be
brought up in the UJT. Perhaps it can even
be broxight t>afore the World Court. (No
problem at all after repeal of the ConnaUy
reservation.) Mexico Is on tli* World Court
and her chief political party Is pro-Castro:
and. presumably, prooatlonallsm anywhere
In the Amerlcaa. Xgypt is on the World
Oovrt and Nasser's position on sovereign
rtgihta In Sues would determine Egypt's vote
In favor ot independence for the Panama
Canal. Busala and Poland are on the Wo^ld
Court. That adds tip to four at the five
votes nsosssary for a World Court quorum-
majortty agatost tbs United States In
Panama. Unlikely? Tee. but so were the
Bed takeovers in jmrtM of Africa. In China,
la Coha. We had better learn to protect
I agatnst the liaprfOahla. Afaln, the

Red plan has been to stir up national feel-
ing in Panama against the United States so
as to create a crisis of worldwide interest.
The Partldo del Pueblo in Panama has de-
manded many things. Among them: a
50-50 division of gross toll receipts from the
Canal; liquidation of our Panama Canal
Company: prohibition of the iise of the Eng-
lish language in the lone; fljrlng of the flag
of the Republic of Panama over the canal.

Now, wiiat would you say if we told you
that the United States is on the verge of
giving in on at least one of these demands?
Well, go ahead and say it, because the UJ3.
State Department has a strong body of ad-
visers drawing up a recommendation tliat
Panama be allowed to fly its flag over the
Canal Zone. That sight should lead
Panamanian natlottsllsts to riot until we
get out altogether. Representative Dakxki,
J. Flood. Pennsylvania Democrat, has
promised to press for the Impeachment of
the Secretary of State if the flag of Panama
should ever be displayed over the canal with
our consent.

The Reds love to use meaningless words.
The Chinese and Cuban Communists were
"Agrarian Reformers" when they were com-
ing to power. And the flag of Panama over
our canal Is being described as a proposed
sjrmbol of Panama's "Titular Sovereignty."
Why not a hammer and sickle over Alaska
since Russia once owned Alaska? Or a
French flag over the Louisiana Territory?
Or a British flag over the Original Colonies?
Those favoring the flying of Panama's flag
In the Canal Zone should be required to view
the famous flag-raising ptctiu-e from Iwo
Jlma. Old Olory is a symbol not to be taken
lightly, not to be replaced on any flagstaff
without consequence.

The Canal Zone was lawfully purchased
and the canal Itself was built by the United
States. To date, the U.S. taxpayers have
spent more than a billion and a luilf dollars
on construction and maintenance and they
have collected from canal tolls only $066
million. Yet, we flnd America's rights at
stake.

First, there wUl be the nationalization of
the Panama Canal and the rise to power of
an absolute, leftwing power in the Re-
public. Then, there will be the Intema-
tlonallzing of the canal when the Republic
proves Incapable of running it. It will be
the turning over of the canal by a group of
Communist nationals to a group of Com-
munist Internatlotuds.

assorrsDrAcrs

A UB. Communist. John Reed, who went
to Russia in 1917 and now lies burled in Red
Square, once said that "internationaliza-
tion of the Panama Canal" was one of the
alms of the Bolshevik revolution.

U Castro gets the Dominican Republic, he
Will lead a drive against the Panama Canal.
Trujlllo of the Dominican Republic is an
anti-Communist. The State Department ex-
perts seem much more concerned over getting
rid of TruJlUo than over squashing Castro.
If Tnijlllo goes, who comes in his place?
And, if the answer Is: "Anothw Castro,"
what becomes of the canal?

This year, our State Department removed
some of the security provisions from jobs in
the Canal Zone, and Bed agitation and
espionage were thereby accommodated.

The canal Is the sole means of shifting
war vessels from one ocean to the other
quickly. Also, it is an essential supply line.
Without our complete control, it is of little
use to us in time of emergency.

Last year. Under Secretary of State Living-
ston T. Merchant went to Panama to investi-
gate antl -American riots. Panamanian au-
thorities now insist he promised them that
their flag would fly la the Canal ZSone. Any
statement to correct their impression, Mr.
Merchant?

The Partldo del Pueblo of Panama was one
of the first Communist parties in the Carib-
bean. The Republic ot Panama has two
other parties, the National Liberal Party and
the National Patriotic CoaUtlon, both lib-
eral; the Conservative Party is no longer in
existence.

Panama lmp<nis over four times as much
as she exports. This is because the canal
brings a continuous stream of buyers into
the country who buy Imported goods from
Panamanian middlemen. This is one ex-
ample of the many ways in which the United
States has been a benefactor of Panama. In
return, we ask only that Panama keep her
word, given in 1903. that the United States
would always have rights to the Canal Zone
"to the entire exclusion of the exercise by
the Republic of Panama of any such sov-
ereign rights, power, or authority."

There is an enormous streamer on the
campiis of Panama's National University
right now which reads, "The canal is 5urs."

OUX PROGBAM

1. Make the tilstory of the canal known to
others by way of fighting Red propaganda
which says that America has l>een luif air in
her dealings. The truth is that we have been
more than generous with Panama and we
have brought prosperity and sanitation to
the people of the Republic without inter-
fering with their freedom, government, and
way of life. No other nutjor power in history
has ever treated its smaller neighbors so
justly.

2. Write to Hon. Ciiristian A. Herter, De-
partment of State, Washington, D.C., and ask
him to declare that the United States shall
not permit the Panama flag to fly in the
Canal Zone.

8. Write to your Senators and Representa-
tive requesting a joint congressional resolu-
tion reaffirming our historic policy of exclu-
sive sovereign control over the Canal Zone.

4. Sound out candidates for Congress and
the Presidency on their position. If you get
a reply from either major presidential can-
didate favoring our sovereign rights, return
the letter with an Inquiry as to how this can
l>e done without the ConnaUy reservation.
(See our August leaflet.)

6. Repeat the entire truth and alert others
to the danger we are facing In Panama. With
our knowledge and consent. Panama's na-
tionalistic efforts are gradually undermining
our rights and obligations. Things may
move to a head swiftly. A year before Castro
organized the revolt In Cuba, few Americans
had ever heard of him. The complete
usurpation of oiur rights in the Canal Zone
could come about just as suddenly — and
soon. Our best defense is an informed and
active America.

INAUaURA-nON OP THE GOVERNOR
OP NORTH CAROLINA

Mr. BONNER. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the Record and
include extraneous matter.

The SPEAKER. Is tliere objection to
the request of the gentleman from North
Carolina?

There was no objection.

Mr. BONNER. Mr. Speaker, I would
like to call to the attention of my col-
leagues a very important event In ttie
history of my beloved State of North
Carolina. Yesterday I witnessed this
event — the inauguration of Terry San-
fofd as Governor.

I was impressed with the ceremony
and parade for Governor and Mrs. San-
ford and with the military honors
rendered for the new Governor and his

wife. Former Gov. Luther Hodges and
Mrs. Hodges were also honored by the
military.

Most of all, however, I was impressed
with the individual personalities and
talents engaged in the ceremonies.

I would like to point out that Gov-
ernor Hodges has had the longest tenure
as Governor since North Carolina be-
came a State in 1776. Governor Hodges
has made us proud. We are proud of his
success as a businessman, of his great-
ness as Governor, and of his integrity as
a human being. It was no surprise to
North Carolina that Governor Hodges
was appointed as Secretary of Commerce
for the Cabinet of President-elect John
F. Kennedy.

Youthful, but mature, Terry Sanford
is also capable of great leadership. He
has the firm backing of the North Caro-
lina citizenry and by the North Carolina
congressional delegation that accom-
panied me yesterday. Our interest and
presence at the inauguration is witness
to our support and sincere best wishes
for Governor Sanford's tenure in office.

I would also like to extend my best
wishes to the new Lieutenant Governor.
Harvey C. Philpott. who, as Governor
Hodges, has been successful in business.
With Governor Sanford's ability as an
attorney and Lieutenant Governor Phil-
pott's knowledge of the business world in
North Carolina, our new gubernatorial
team cannot be matched. The two Sen-
ators from North Carolina [Sam J.
Ervin, Jr., and B. Everett Jordan] had
intended to be present at the inaugura-
tion, but at the last minute, were forced
to change their plans because of sena-
torial obligations.

All of the Members of the House dele-
gation in Congress were in attendance.
They were: 1st District, Herbert C. Bon-
ner; 2d District. L. H. Fountain; 3d Dis-
trict. David N. Henderson; 4th District,
Harold D. Coolet; 5th District, Ralph J.
Scott ; 6th District. Horace R. Kornxgat;
7th District. Alton Lennon; 8th District.
A. Paul Kitchih; 9th District, Hugh Q.
Alexander ; 10th District, Charles Raper
Jonas; 11th District, Basil L. Whitener;
and 12th District, Roy A. Taylor.

There follows the schedule of events
on inauguration day:

Calkndas of Evxmts

THUBSDAT, JANUAaT 8, ISSl

10:30 am.:

Military honors rendered for Oovernor and
Mrs. Hodiges at the executive n)anslon, 200
North Blount Street.

10:8&-ll:50ajn.:

^filitary escort of Governor and Mrs.
Hodges, Oovernor-elect and Mrs. Sanford.
Lieutenant Oovernor and Mrs. Bamhardt,
Lieutenant Ck>vemor-elect and Mrs. PhUpott,
and the inaugural party from the executive
mansion to the Raleigh Memorial Audi-
torium. (Route: Blount Street to Sdenton
Street around Capitol Square and down
Payetteville Street.)

12:00 noon:

The Inauguration, Raleigh Memorial Audl-
toritun.

The inaugiiral proceedings called to order.

Processional by University of Ncxrth Caro-
lina Concert Band, Herbert W. Fnd, oonduc-
tcv. The Gtovernor. the Lieutenant Oovernor,
the Oovernor-elect, the Lieutenant Gov-
ernor-elect, the supreme court, and members

296

CX>NGR£SSIONAL RECORD — HOUSE

January 6

1961

'■\tVi^-

CONGRESSIONAL RECORD — HOUSE

297

of the OoancU of Ststo are eaeorted to th«
stage.

The Invocation by Dr. Charles Lynnwootf
Brown, pastor. Wlilte Memorial PresbTterlan
Church, Ralel^.

The national anthem by the entlni assem-
blage led by Mrs. Willis Casey.

Administration of o«ths of ottce to Gov-
ernor, Llmten&nt Oovemor. and members
of the Council of State.

The inaugural address by Ooyemor San-
ford.

Pestlve flnale "God of Our Pathers" fWar-
ren-Maddy). The University of North Caro-
lina combined choruses accompanied by the
oanuert band. (Woman's College Choir,
Rldiard Oox. director: Woman's College
Chorua, William C. DeVeny. dUector; North
Carolina State C<mege Glee Club. J. Perry
Watson, director; University of North Caro-
lina Men's Glefe Club. Joel Carter, director.)

The audience is Invited to Join In singing
the floal stan.'sa.

The benediction by the Reverend Graham
8. g^T^yp'fc district superintendent, the Meth-
odist Church.

l:00pjx^:

Military honors, including 19-gun salute,
rendered for Governor and Mrs. Sanford in
fft>nt of Raleigh Memorial Auditorium.

IrlOpjn.:

The Inaugural parade passes In review on
fkyettevUle Street before Governor and Mrs.
Sanford. Lieutenant Governor and Mra. Phll-
pott. the Inaucnral party, and dlstingolahed
guests.

3:30 pjn.:

Buffet luncheon at the executive mansion
for Governor and Mrs. Sanford. Lieutenant
Oovemor and Mrs. Phllpott. the tautiigural
party, and dtattngnlabed gncvta.

8:00-10:00 pjn.:

Public reception at the executive manolon.
aoo North Blount Street.

TAX ADJUSTMENT FOR SMAIX
BUSINESS

Mr. IKARD of Texas. Mr. ^;>eaker.
I ask unanimous consent to extend my
remarks at this point in the Racoas and
Include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Texas?

There was no objection.

Mr. IKARD of Texas. Mr. Speaker,
this new Congress meets today with
many problems facing our Nation in both
domestic and international areas. Some
of the problems are of recent origin and
will require intense study and analysis
prior to the enactment of legislation or
the formulation of policies for their
solution. However, there are certain
specific, long -recognized problems of vi-
tal importance to our domestic economy
for which solutions have been devised
after lengthy and critical studies and
painstaking analysis — and which now
require only action tv the Congress to
reap their beneficial effects.

Foremost on this list is HJl. 2. which
I have introduced today, which provides
for a tax adjustment based upon the re-
investment-of -earnings principle. The
bill is designed to assist small and grow-
ing busineaa to obtain mudi needed busi-
ness capital by authorizing a deduction
from taxable net income, an amount
equal to the aggregate addition to capi-
tal represented by reinvestment in de-
preciable assets, inventory, and accounts
receivable. The maximum deduction
would be 20 percent of net Income or
$30,000. whichever Ls the lesser.

Mr. Speaker, the provisions of HH. 2
are not new. The Honorable Thomas B.
CmtTTS, of Bflssourl. and I introduced
identical bills in the 86th Congress con-
taining these provisions and they were
also contained in several companion bills
which were before the last two Con-
gresses. The proposal has the reomi-
mendation of the House Select Commit-
tee on Small Business, the Senate Select
Committee on Small Business, as well as
the active support and sponsorship of
many Members of Congress. The Com-
mittee on Ways and Means, after exten-
sive hearings, recognized the desirability
of this legislation in meeting one of the
greatest problems of small business. In
its Report No. 2198, dated July 16, 1958.
the committee stated:

To\ir committee Is convinced that one of
the greatest problems confronting small and
medium sized business Is the acquisition of
roHiclent capital to modernize and maintain
a rate of expansion experienced t>y their
larger competitors. In this regard your
committee is aware of the fact that small
and medium sized busineases must rely to
a very large extent upon retained earnings
for modemlaatlon and expansion. Thus,
there is a need to allow such businesses to
retain more earnings after taxes to provide
the funds necessary for growth. To aid in
achieving this end your conunlttee baa in-
vestigated thoroughly various proposals to
postpone, or to reduce, taxes based upon re-
investment tn Inventory and depreciable
property, and wonld have liked to have In-
cluded a provision along these lines In this
btn. However. It has been forced to the
conclusion that the budgetary limitations
under which all tax relief must now be con-
sidered are roch that any tax reduction
which now could be granted under a rein-
vestment fonnula is so small as not to rep-
resent any meaningful tax relief to anuUl
business.

Mr. Speaker, the endorsements of
these committees were the results of
loigthy hearings held throughout the
country as well as in Washington. The
action of these committees represents a
considered Judgment based upon the
analysis of survival and growth problems
affecting millions of small- and medium-
size businesses. The proposals were
backed by 60 national trade associations
in 1958. An additional 31 national asso-
ciations have since endorsed the legis-
lation and the list is growing.

Action now is more vital than ever
before. We are aD well aware of the cur-
rent depressing economic news which
forebodes unemployment nearing or ex-
ceeding 6 million by the end of Febru-
ary. We know of the tremendous un-
used capacity of the Nation's steel plants,
and the excess capacity of untold num-
bers of manufacturing establishments.
We are cognizant of Uie inventory de-
pletion of the distributive pipelines while
consumer savings reach an all-time high.

We are conscious of the demanding need
of ecoiKmle stimulants that wiD counter-
act the depressing effects of imemploy-
ment and unused productive capacity.

Seldom is the opportimlty presented to
Mend In one measure economic bene-
fits providing immediate stimulants to
our economy, as wen as long overdue leg-
islative recognition that the historical
method of financing small business
throng reinvestment of retained earn-
ings is absolutely vital to the growth and

expansion of small- and medtum-stn
businesses emi^oylng the bulk of Ameri-
can wage earners.

We have long taken pride in our dy-
namic economy which has placed our
country on the productivity pinnacle of
the world, thus enabling Americans to
enjoy the highest standard of living.
Serious unemployment, idle productive
capacity, and the discouragement of in-
vestment remove the dynamo from dyna-
mism. They shackle the efforts of our
enterprising small businessman in his
struggle to survive, let alone contribute
to an ever-growing, ever -expanding
economy. The tax adjustment contained
in HJi. 2 offers a sensible, simple, prac-
tical, and Immediate solution to the
pressing problem of millions of small
businesses in their efforts to obtain and
retain an economic role in our manufac-
turing, distributive, and service systems.
It uses the time-tested, time-honored,
and tradition-steeped method of capital
acquisition — retained earnings — to fi-
nance plant modernization, other depre-
ciable assets, and the purchase of in-
ventories.

Opportunities for securing necessary
equity capital by small business are
based upon the demand for the available
supply of capital and the prospects of
after-tax earnings sufficient to pay divi-
dends or rep>ay borrowed money. Small
businesses have found it almost Impos-
sible to secure the required funds from
the capital marici^jt, and the voluminous
record of the 1957 hearings held by the
Senate Select Committee on Small Busi-
ness In 14 major metropolitan bosinMi
areas cm this very problem is replete
with case history after case history of
small- and medium-size business firms
unable to secure funds on any basis,
equity or debt, because their retained
earnings prospects after taxes were dis-
proportionate lower than larger firms
seeking the same funds. Added to this
chronic credit problem is the fact that in
4 of the last 5 years, the monetary au-
thorities have followed active policies of
credit restraint designed to make credit
more expensive. These policies have had
only one effect on small business : Credit
which was difficult to obtain normally
became increasingly more so. and equity
investment, dependent upon prospects or
growth through retained earnings, al-
most disappeared from the scene.

Mr. Speaker, cairital and credit avall-
aMUty to enable small- and medium-siae
businesses to realize their growth po-
tential, can be effectively realized
through the early enactment of this tax
adjustment measure, and at the same
time provide a powerful stimulant to the
q>eciflc areas of our coonomy most in
need of bolstering. Less than 3 we^cs
ago. the staff report to the Select Com-
mittee on Small Business of the Honse
on the Status of Small Business in Re-
tail Trade, dated Decemlier 16, I960, in
cautioning against a complacent atti-
tude toward the problems of small busi-
ness, had this to say in its ecmclusions:

The fact that biislness failures frota IMS
to 1969 tnv<rfved Arms with current aeeets of
over %\£ binion, suggests the magnitude of
the losses and hardshlpe experienced by
those involved. This justifies conttnuatlon
of efforts aimed at providing small buslnc

with a oompetltive atmosphere and a tax,
financial, and general economic environment
In which individual Initiative and efficiency,
rather than large financial resources and
market power, (Utermlne survival and
growth.

The cornerstone of the reinvestment
of earnings pi-inciple contained in the
bill is that thf! tax credit Is only avail-
able to those businesses who increase
their expenditures for depreciable assets
and stock in trade. A business must
take affirmative action in increasing in-
vestments in (expansion, modernization,
increased inventories and accounts re-
ceivable to be eligible for the tax credit.
Revenue loss, if any, would be minimal.
Moreover, the stimulus to employment
and production resulting from the re-
investment in(;entlve8 would precede by
at least 1 year whatever tax impact
there might be , if any.

I have long been Impressed with the
basic simplicity and soimdness of the re-
investment of retained earnings ap-
proach as the solution to the capital
funds required sc urgently to finance the
growth of these smaller concerns. The
current state of the economy reempha-
sizes the benellts obtainable to the entire
business structure, through increased
emplojrment and renewed productivity
of idle plant capacity, by early enact-
ment of the measure by this Congress.
In view of the overwhelming erldence
supporting the necessity for the affirma-
tive relief, which the measure would
grant, contained in the hearings of sev-
eral committees of both Houses of the
Congress, and reaflbmed In committee
reports, it is my earnest hope that favor-
able consideration of the bill will be one
of the first actions taken by this Con-
gress.

Mr. Speaker. I include HA. 2 In the
BxcoKD at thi£ point:

Be it enacted by the Senate and Houee

of Representatives of the United StattM of

America in Congrtm a»aembled,

BmcTJOM 1. DzDUCTXOM roa Aooixiomal Xm-

tssiMKJir nr Dkpxzciablx As-

BITS, IWVXHTOBT, AND ACCOTTIfTC

ItaCKIVABLS.

(a) AixowAKCZ. — Part VI of subchapter
B of ehj^ytar 1 of the Internal Revenue Code
of IBM la amended by adding at the end
thereof Um following new section:
"Sac. 181. anDmoKAi. IwfasiMairT n* I>k-

PKBCIaBLB ASBBTB. InVXHTOST,
AND AOCOUI«TB RaCSIVABU.

"(a) OnmuL Rtru. — In the case of any
I>er8on engaged In a trade or business, there
shall be avowed as a deductlot). for the tax-
able year an amount measured by the addi-
tional invastment in euch trade or busineas
for the taxable year.

"(b) LficrrAiiOM. — llM deduction \inder
this section for any taxable year shaU not
exceed whichever of the following is the
lesser:

"(1) tSCOOO. or

"(2) an amount equal to 20 percent of the
taxable income (computed without regard
to this section ) from such trade or buslneee
for the taxable year.

"(c) AbDrnoNAL Zhvbtmxnt Danwp. —
Vor purpose aS this aectlon, the additional
InveetDMnt in a trade or busineas for a tax-
able year means the amount (If any) by
whl<di—

"(1) tbe aggregate, computed as of the
doee of the taxable year, of the adjusted
baaes of —

"(k) aU property used In the trade or
biisiness of a character which Is subject to
the allowance for depreciation provided In
aectlon 167,

"(B) all stock in trade and property held
primarily for sale to customers in the ordi-
nary course of the trade or business, and

"(C) all accounts receivable attributable
to sales to customers In the ordinary course
of the trade or biisiness, exceeds

"(2) a similar aggregate, computed as of
the beginning of such taxable year.

"(c) Special Rules — ^LiMrrATXON on Amu-
ATKD Qaoup. — ^For the purposes of this aec-
tlon:

"(1) All members of an affiliated group
ShaU be treated as one taxpayer, and

"(3) The Secretary or his delegate shall ap-
portion the limitation contained In subsec-
tion (b) of this section among the members
Of such afflliated group in sucli manner
as he shall by regulations provide.

"(3) ArriLiATEa caotrp definxo. — ^For ttoe
purposes of this section, the term 'affiliated
group' has the meaning assigned to It by
section 1504, except that, for such purposes,
the phrase 'more than 50 perbent' shaU be
substituted for the phrase 'at least 80 per-
cent' each place it occmv In section 1504(a) ."

(b) TBCBiracaL AjaaoncxNTs. — ^The table
of sections for such part VI la aokended by
adding at the end thereof the foUowlng:

"Sec. 181. Additional Investment in depreci-
able assets, inventory, and ac-
counts receivable."
(c> gi'faunvB Date. — The amendments
made by this section shall apply to taxable
years beginning after December 81. 1960.

TWO NECESSARY PIECES OP ECO-
NOMIC LEGISLATION: THE DE-
PRESSED AREAS BILL AND A BILL
TO EXTEND TAX CONCESSIONS TO
FIRMS EXPANDING OR MOVING
INTO UNEMPLOYMENT AREAS

Mr. STRATTON. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point In the Record.

The SPEAKER. Is there objection to
the request of the gentleman from New
York?

There was no objection.

Mr. STRATTON. Mr. Speaker, on
Tuesday I introduced for appropriate
reference two pieces of legislation which
I believe to be urgently needed in meet-
ing the most serious econcnnic problem
that faces this Nation today, the problon
of unemployment.

My first bill is the familiar depressed
area bill which was passed by the 86th
Congress, subsequently vetoed by Presi-
dent Eisenhower, smd which featured so
prominently in the recent election cam-
paign. I have introduced this measure
in the precise form In which it passed the

Congress last year. While some changes
might be desirable, last year's bill wovdd
at least seem to offer the formula by
which most rapid agreement can be
achieved in the 87th Congress, and cer-
tainly we must act quicldy.

My second bill I also had tlie honor of
introducing in the 86th Congress, and.
in my Judgment, it is an Important and
necessary adjimct to any depressed area
bill. The depressed area bill proposes to
entice new industries into unemplojrment
areas by maiHng low-coat loan funds
readily available to ttiem. But the ab-
sence of such funds is not tn every case
the major reason why unemployment
areas find it difllcult to attnict new in-

dustry. There are also the incentives,
usually offered in the form of lower real
property tax. currenUy being octended to
new business by some of our sister States
in the South. Concessions erf this kind,
together with apparent advantages in
lower wage costs and lower social pro-
tective legislation, have played their part,
too, in luring industries into moving
from the North to the South, leaving un-
employment distress in their wake.

So I believe we must find some means
of eliminating this di^tarity and provide
certain counter concessions to those
manufacturers who are willing either to
move into an imemployment area or who
are prepared to resist the lure of moving
and who decide instead to remain in a
distressed area and evpand their man-
ufacturing facilities there.

My bill would enable such businesses
to depreciate their construction costs at
a faster rate. Rapid amortization is not,
of course, any forgiveness In taxes. It is
only a temporary deferral of tax returns
to the Government. Yet experience has
shown that this type of tax treatment
can be helpful as a business stimulant.
We must make it move attractive for
industry to stay where it is, or even to
move back into miemplojrment areas,
and I believe this legislation will help to
do the job.

On Monday the special task force on
economic distressed areas appointed by
Presidoit-elect Kennedy and presided
over by the distinguished senior Senator
from Illinois [Mr. Douglas], submitted
its recommendations for dealing with
this problem. I was most pleased to see
included in these recommendations one
lHt>posing precisely the kind of Q>eclal
tax amortization provided for in my leg-
islation. The report's recommendation
is as follows:

As additional encouragement to private In-
dustry to locate branch plants In chronic and
persistent labor surplus areas and to expand
existing enterprises in these areas, consider-
ation should be given to the question of
whether special tax amortization providing
for accelerated wrttecff of plant and equip-
ment would help to encourage industries to
locate or expand production facilities In such

Mr. Speaker, I urge speedy action on
my two bills. The hour is late and the
needs in my district and of other dis-
tricts throughout our country press for
the swiftest and most effective type of
remedial action. Very likely in meet-
ing the needs of these nnemplosrment
areas we will also succeed in providing
the added push that will succeed in get-
ting our overall economy out of its cur-
rent dcddrums and moving ahead once
again.

DISTRICT OP COLUMBIA HOME
RX7LE CHARTER

Mrs. GREEN of Oregon. Mr. Speaker.
I ask unanimous consent to extend my
remarks at this point in the Rxooan.

Tb£ SPEAKER. Is there objection
to the request of the gentlewoman from
Oregon?

There was no objection.

Mrs. GREEN of Oregon. Mr. Speak-
er, it is my pleasure and privilege today
to Introduce a bill providing for a home

m

m

4*

298

CONGRESSIONAL RECORD — HOUSE

January 6

1961

'i .

C»NGRESSIONAL RECORD — HOUSE

^l

rule charter for the District of Columbia.
This bill, which is being simultaneously
introduced in the Senate by the distin-
guished senior Senator from Oregon,
Senator Morsb, and by the able chair-
man of the Senate District Committee,
Senator Biblk, provides for an elective
mayor, council, and nonvoting Delegate
to this House.

Under leave to extend my remarks, Mr.
Speaker. I ask that the following joint
statement by myself and my distin-
guished colleague and friend, the senior
Senator from Oregon, be printed In full
at this point in my remarks:

Joint Stat»ii«i«t bt Sinator Watni Morse

and conokxaswoman edith orxxn of

Orioon

We have today introduced In the Senate
and Ho\i8e, ^respectively, a bill providing for
a meaningful and democratic home rule
Charter for the District of Columbia. The
bill which we have submitted to the Ck>n-
greae for what we hope will be early and
favorable action, provides for an elective
mayor, council, and nonvoting Delegate to
the U.S. House of Representatives. This
measxire, together with the constitutional
amendment which the Congress last year
Rubmltted to the States, providing for a
presidential vote for the people of the Na-
Uon'8 Capital, wUl bring the reality of
democracy to the people of that city which
ought to stand as a symbol of democracy
throughout the world.

Contrary to the intent of the Founding
Fathers, and certainly contrary to the prac-
tice of the past, the residents of Washington
have for many years been denied any voice
In their own government. The affairs of this
great American city have been In the hands
of appointed officials of the District Com-
mission, and the Members of the Congress,
not one of whom could be held responsible
in any way by the people of the District.
This has been a simple and Indefensible de-
nial of the basic principle of democracy. It
is not enoxigh to say that the Commissioners
have been good men. Most have been. It Is
not enough to say that the Members of the
Congress have dealt generously with the
people of the District, which has often been
the case. The question of home rule Is the
question of the right of three-quarters of a
million Americans to govern their own
destinies, for good or 111.

We look forward with high hopes to the
enactment of this legislation, and to the
ratification of the proposed constitutional
amendment by the State legislatures.

THE SPEAKER'S BIRTHDAY

Mr. PULTON. Mr. Speaker. I ask
unanimous consent to extend my re-
marks at this point In the Rccord.

The SPEAKER. Is there objection
to the request of the gentleman from
Pennsylvania?

There was no objection.

Mr. FULTON. Mr. Speaker, I should
like at this time to congratulate the
Speaker both as Speaker and as a friend
on his birthday.

The following is a transcript of the
tribute paid to the Honorable Sam Ray-
BT7RN, Speaker of the House of Represent-
atives, just reelected Speaker for the
ninth time. This tribute was broadcast
by Ray Henley on the Three Star Extra
program, Thursday evening, January 5,
1961. on the National Broadcasting Co.
The following Is the text of that nation-
wide broadcast:

The grand old man of the Democratic
Party will be widely feted as another mile-

stone comes rotmd. The daddy leader wUl
be 79 tomorrow. No man in the party re-
ceives 8«} much affection from his followers.
Mr. Sam Is tough and often sharp of tongue,
but Democrats, esjieclally the Democratic
Members of the House of Representatives
know him as a man of his word and they
hold him in highest esteem. A Republican
Member has Joined the parade of weU-
wishers. Representative Jamks Folton, of
Pennsylvania, has Introduced his bill to have
one of three Hovue Office Buildings named
for Mr. Sam.

Three Star Extra hopes this measure goes
through, as of course It will If Speaker Rat-
burn permits it to come up for action. The
bill would name each of the buildings for
a Speaker; one for Old Joe Cannon of long
ago, one for Nick Longworth who died as
Speaker In Republican days. He was the
husband of Princess Alice, daughter of Teddy
Roosevelt. The third building would be
named the Raybum Building, fully Justified
recognition for three outstanding Speakers
of the House.

HOUSING FOR THE ELDERLY BY
THE PLYWOOD INDUSTRY

Mr. TOLLEFSON. Mr. Speaker, I ask
unanimous consent to extend my re-
marks In the body of the Rkcord.

The SPEAKER. Is there objection
to the request of the gentleman from
Washington?

There was no objection.

Mr. TOLLEFSON. Mr. Speaker, two
of the pressing problems this Congress
must face this year Involve help for de-
pressed areas and some action In pro-
viding for the needs of this country's
senior citizens. An organization that has
Its headquarters In my district in Wash-
ington Is doing something about both of
these problems in a way I think should
prove interesting to you and to some of
the country's business leaders.

Plywood made from Douglas-fir and
other trees that grow in the ram forests
of the Northwest is familiar to every-
body. I do not think It will come as a
surprise to you that nearly two 4-by-8-
foot panels are produced every year for
every man, woman, and child in this
country.

But an Industry with this kind of .^o-
duction capacity Is obviously In trouble
when Its markets fall. Housing has
dropped seriously in the last year and
this is the biggest market for the western
plywood industry.

This has meant falling prices, produc-
tion curtailment, unemployment, and de-
pression-like conditions for a lot of areas
in Washington, Oregon, and California.
The Plywood Belt has some depressed
areas that would compare with any in
the country. These aree^ are dependent
on plywood and lumber, both of which
are in a depressed state.

Despite these conditions, plywood pro-
duction is higher than It was in 1959.
This is because many mills expanded in
hopes market conditions would be good.
Housing experts predicted — falsely. It
turned out — a good year in 1960. This
increased production was sold, and used,
because the Industry has been working
on expanding its markets for more than
20 years. The industry could have pro-
duced much more than it did, but at least
It was not forced to retreat.

The promotional arm of the Industry
Is the Douglas-Fir Plywood Association.
More than 130 western plywood mills are
members. This association provides
quality control for its members to keep
their production up to high, voluntary
standards, and also administers a pro-
motional program underwritten last year
in the amount of $5.5 million. Part of
the association's job Is research. It op-
erates three laboratories to do it. An-
other part is to find new markets and
help sell them.

Because of some circumstances I will
not go into here, the association began
studying the field of retirement housing
more than 2 years ago. W. E. Difford.
executive vice president of the Douglas-
Fir Plywood Association, was convinced
there was something wrong with the
stereotype we have of the retired person.
Mr. Difford doubted If the majority were
poor and he was even more doubtful that
very many were handicapped and needed
Institutional care. Yet, so far as the
association could discover, these groups,
and the small group wealthy enough to
afford expensive housing, were the only
ones getting any attention from govern-
ment or private industry.

After looking over the results of its
own study, the plywood association or-
ganized a conference on retirement
housing in Tacoma, where its head-
quarters are located. Mr. Difford In-
vited the most knowledgeable people he
could find: builders who were active In
the field, architects, editors of influen-
tial building magazines, officials of
national groups involved with retired
people, and a representative of a Oov-
emment agency active in the field of
housing the elderly.

These experts sat down for 2 days and
discussed possible ways io reach a market
they are convinced has a potential of a
quarter of a million housing units per
year.

They reached this figure through a
number of surveys that were presented
and from the experience builders have
had who aimed their developments di-
rectly at persons 60 years old and over.
The surveys also prove that most of the
couples who have reached retirement age
can afford to supply their own needs.
It also was pretty obvious that a lot of
the things they need are not available.
One of these things was comfortable
housing at reasonable cost.

Here Is what the plywood industry,
working through Its association, is doling
to help itself and to help satisfy some
of the needs of our senior citizens.

A house has been built, on a comer
of 17th and M Streets, here In Washing-
ton, that the plywood association has
had designed specifically for Americans
over 60. It Is completely furnished and
landscaped. It was built there for dis-
play to delegates to the White House
Conference on Aging and is well worth
your time to see. The house is cospon-
sored by the National Retired Teachers
Association and the American Associa-
tion of Retired Persons whose 500,000
members certainly would know some-
thing about the value of the project.

It is a small, compact home that has
all the features anyone could want. It

Is easy to maintain. oomf<Mrtable, and,
perhaps best of all. can be built for about
$9,000. It has two bedrooms, a separate
dining room, a modem kitchen — even a
mtedal room where iht homeowner can
Install woodworking equipment or work
DO a hobby.

In addition to this, the plywood aaao-
elation is providing everything a builder
needs to offer tills house in his area.
Plans, financing Information, data on the
market, methods of selling — these things
are all available. These bouses should
sell everywhere in the coxmtry. every-
where people live and want to live their
retirement years. And the hofuse can be
built by itself, as part of a duplex or
four-plex, or as a unit in row or tract
bousing.

As a result of its oiwn efforts, and using
Its own money, here la what the plywood

Industry bM done:

It has provided a much -needed solu-
tion to sane pressing housing needs for
elderly people who are living in houses
too big or too Inconvenient for their
needs, and for others unnecessarily living
in institutions.

The housing industry, in desperate
need of something to help it get on its
teet, has everything it needs to i4>peal
to a new and Immense market.

For Itself, the plywood Industry has
created a market that wQl allow it to
go back to full emplojniient and cure the
depresMd conditions In the areas so de-
pendent on It.

Ttaa plywood Industry believes that
this te certainly a much healthier way to
■olve these problems than to call on the
Federal Government for aid to depressed
areas and subsidized housing for the
elderly. Certainly. Government pro-
grams can help, particularly In the field
of mortgage insurance. But by doing
•omettaing about these things Itself, the
pl3'wood industry has saved the taxpayer
a lot of money and saved a lot of Ameri-
cans from hardship and liKionvenlence.

This house is open now for the inspec-
tion of White House Conference dele-
gates. Invitations alao have been sent
to the Members of Congress. I earnestly
urge you to take time from your busy
schedule to see for yourself what this
dynamic Industry has done to help Itself
and to help this country.

TAX ADJUSTMENT BILL

Mr. NELSON. Mr. Speaker. I ask
unanimous consent that the gentleman
from MiSEouri [Mr. Ctthtis] may extend
his remarks in the body of the Rcooao.

The S^EIAKER. Is there objecticm
to the request of the gentleman from
Minnesota?

There wtm no objecttoo.

Mr. CUBTIS of Mlisoiui. Mr. Sfwak-
er, I have introduced a tax adjustment
bill primarily designed to aid sinaU- and
medinm-siM businesses utilising the re-
investment o< earnings principle. It Is
identical with the bill which my ool-
leagne. the Honorable Fbaxk Ikaka. of
Texas, introduced in the last Congress.

The UU Is a simple straightforward
meastire to encourage the growth of
small- and medlum-slse cockcems by en-
abling them to use soms of their nrt

earnings to finance growHi through ex-
pansion and modernization. It woiild
permit millions of businesiies located in
every city, town, or hamlet lx> use the his-
torical method of financing business in
the American economy — by plowing back
into the productive wealth stream some
of their business earnings. Specifically,
the bill would permit all biisiness to de-
duct from taxable net income an
amount equal to the aggrc^gate addition
to capital represented by reinvestment
in depreciable assets. Inventory, and ac-
counts receivable, provided that the
maximum deductions would be 20 per-
cent of earnings or $30,000, whichever
is the lesser.

The bill has been aptly charasterlzed
as implementing the seed com philoso-
phy upon which the productive might
of America has been nouricfhed. That
philosophy Is likewise simple, sound, and
straightforward. We plant 1 acre of
corn, but we retain enough seed from the
harvest to plant 2 acres next year. For
new and small businesses, there Is no
other avenue of growth except through
retained earnings, because capital from
bank borrowings, new equity, or other
sources is not generally available to
them.

The bill will provide the favorable cli-
mate necessary for growth. Growth and
expansion will continue to be the re-
wards of ingenious, enterprising, and
competent management. But such man-
agement cannot have superimposed on it
growth tax deterrents which effectively
prevent the mcrease in next year's plant-
ings, l^e bill is not special privilege leg-
islation because it applies to all busi-
nesses, large or small, incoriwrated or
xinincorporated, but it is recognized that
it will have the most beneficial effect
on the smaller businesses.

Adequate capital for the attraction of
additional entreprenem^, for the sur-
vival as well as the growth of existing
small businesses, has long been recog-
nized as a widespread real problem.
While the capital problems of small
business have been recognized and ex-
tensively documented by a multitude of
case histories and congressional com-
mittee conclusions to recent years, no re-
lief has been granted and the prob-
lem has become increasimrly acute. The
extent of the problem Is tiilrrored to the
Increase to business failures as well as
the dramatic tocrease to mergers and
acquisition of smaUer units by larger
concerns.

Today, the country Is faced with
moimttag xmemplojonent and tocreasing
idle productive capacity resulttog prin-
cipally from deferral of capital expendi-
tures and contraction of Inventories.
These economic depressants can receive
a vital counterstlmulant by the enact-
ment of this measure which will tocrease
expenditures by bustoess in depreciable
capital assets as well as the stock to
trade end products of our manufactur-
ing and processing todustries. In other
words the tax adjustment is not avail-
able imless the bustoess tocreases its to-
vestmcnt through modernization of or
additions to facilities or toventorles.

America Is to the beginning years of
a decade labeled by some as the soaring

sixties to which the economic horizojiB
have been patoted with glowing promises
of untoterrupted new peak achievements
to all lines of endeavor. Quite recently,
concern has been expressed lest the Idle
plant capacity, the number of unem-
ployed plus the foreseeable additions to
the labor force dtu-ing this decade —
which win be half agato as large as the
new workers diu-ing the fifties — should
warrant the reference to be the sobering
sixties. While reappraisals must con-
stantly be made none is required to re-
assure ourselves that America must grow
diu-ing the sixties to provide Job oppor-
tunities for the some 14 million who will
be seeking emplojonent. We know we
must have economic growth as the base
for an adequate national security pro-
gram. We cannot afford to be bUnd to
the methods by which new and enter-
prising businesses are fostered and
noiulshed. We caimot let the vigor and
benefits of new ideas, expanding pro-
grams, and energetic approaches to the
creation of new wealth be sacrificed on
the altar of bUnd adherence to a tax
policy which everyone readily admits is
stifling small businesses which must rely
on the seed com of retained earnings to
grow and prosper.

I am sure that it is now generally rec-
ognized that this adjustment will not re-
sult to any revenue loss to the Federal
TreasiuT. but rather the adjustment will
result to additional Federal revenues.
The time has Just about expired when the
Federal Treasury can afford not to have
this legislation enacted. The smaller
concerns to all lines of business must be
able to retato a larger psirt of their earn-
ings to meet their working capital re-
quirements if we are to give more than
lipservlce to the necessity of matotato-
Ing a climate favorable to the economic
growth of these millions of busmesses.

This bill provides for the relief so
sorely needed. It wUl provide additional
employment not only to the smaller con-
cerns but to all producers and sup>pliers
of capital goods and their end products.
It will reactivate existing idle plant
capacity. It is a perfect example of the
seed com philos<9hy at work. I ear-
nestly hope that the Ways and Means
Committee will schedule the small busi-
ness tax adjustment bills for early con-
sideration stoce it has previously ap-
proved the reinvestment of earnings
principle and recognized the necessity
for its adoption to afford effective relief
to smaD bustoess.

REEL^XTnON OF WILLIAM K MIL-
UER OF NEW YORK AS CHAIRMAN
OF NATIONAL REPUBLICAN CON-
GRESSIONAL COMMITTEE

Mr. NELSSSi. Mr. Speaker. I ask
unanimous consent that the gentleman
from Iowa [Mr. Hoevbn] may extend his
remarks in the body of the Record.

T^ SPEAKER. Is there objection
to the request of the graitleman fnxn
Minnesota?

There was no objection.

Mr. HOBVEN. Mr. Speaker I rise to-
day to pay tribute to the gentleman from

300

CONGRESSIONAL RECORD — HOUSE

Jantmry 6

New York [Mr. Miller] and to con-
Rratiilate him on his reelection as chair-
man of the National Republican Con-
gressional Committee.

Everyone who has served In this body
during the past 10 years and those new
Republican members who Tuesday were
seated for the first time know Bill Mil-
ler as a capable and devoted legislator,
and indefatigable worker and a cam-
paign director without peer,
f J i During the five terms he already has

"' served in the Congress, he has estab-
lished himself as a true statesman and
a valued colleague. He has never devi-
ated from principle, regardless of the*
tremendous pressures which often have
I been brought to bear on him. His judg-
[ ment and counsel on all legislative mat-
I ters have been Invaluable to his col-
' leagues, his constituency, and his Nation
as a whole.

B»TL MiiLFR first was elected chair-
man of the Republican Congressional
Committee on January 21, 1960, to suc-
ceed our late and beloved colleague from
Pennsylvania, Richard M. Simpson. In
less than a year, he has distinguished
himself in a most remarkable way.

Because of his leadership and his will-
ingness to help Republican candidates
anywhere and at all times, last Novem-
ber our party was able to recapture 21
of the seats we had lost in the preceding
election.

The victory was particularly sig-
nificant because it came during a year
when the Nation was electing a member
of the opposite party to the Presidency.
In addition. Bill Miller has breathed
new fire into the committee he heads.
Under his chairmanship, a vigorous,
efficient, and effective organization has
been developed.. I am confident that
because of this, the minority in this body
again will become the majority when the
people go to the polls in 1962.

CHIEF FORESTER OF UNITED
STATES HONORED

Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that the gentle-
man from Florida [Mr. SncEsl may ex-
tend his remarks in the body of the
Record and include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Massachusetts?

There was no objection.

Mr. SIKES. Mr. Speaker, the Depart-
ment of Agricultures Forest Service
rates high in the esteem of Congress.
The efforts and accoirrlishments of
the U.S. Forest Service in the multiple-
use management of our great Federal
forest properties and in the administra-
tion of the cooperative programs with
our State and private forestry agencies
ftre outstanding. This bureau is repre-
sented by a dedicated group of Federal
employees who have an enviable esprit
de corps and a reputation for hard work.
It is also a bureau that returns large
sums of money to the Federal Treasury
and to the States from the sale of timber
and other forest resources which it har-
vests on a sustained yield basis.

It is fitting therefore that Chief For-
ester Richard E. McArdle is one of the

five career men of the Federal Govern-
ment to go to the White House on Janu-
ary 11 to receive the President's Award
for Ertstinguished Federal Civilian Serv-
ice.

The President based his selections on
recommendations of an awards board
headed by Hon. James P. Mitchell, Sec-
retary of Labor.

To be selected from the 2.4 million U.S.
civil servants as one of the 5 employees
to receive this significant citation is.
indeed, an honor of which Chief Mc-
Ardle is deservtag.

Mr. Speaker, I am submitting for the
record excerpts from the Washington
Post's January 4 account of this award:

"Through these awards," said the Presi-
dent In a special memorandum, "a grateful
Nation honors these n^en who have dedi-
cated their highest abilities to serving the
best interests of this great country.

"I take this opportvmlty to express my
faith In the skill and devotion to duty that
characterize the Federal work force. These
characteristics provide a firm basis for the
Nation's continued progress in the future."

McArdle, a Government forester for 36
years, has served in all major forest regions
of the United States and, the President said,
his "imagination, vision, and inspiring lead-
ership have brought exceptional progress In
the development and protection of vital for-
est resources for the American people now
and for generations to follow." McArdle, a
native of Kentucky, received a Ph. D. degree
from the University of Michigan and devoted
his early career to research in forestry.

TEN- YEAR PROGRAM OP GRANTS
FOR CONSTRUCTION OF MEDICAL,
DENTAL, AND PUBUC EDUCA-
TIONAL FACILITIES

Mr. McCORMACK. Mr. Speaker, I
ask unanimous consent that the gentle-
man from Rhode Island [Mr. Fogarty]
may extend his remarks in the body of
the Record and include extraneous mat-
ter.

The SPEAKER. Is there objection
to the request of the gentleman from
Massachusetts?

There was no objection.

Mr. FOGARTY. Mr. Speaker, on
May 6, 1959, 1 introduced in the first ses-
sion of the 86th Congress a bill to au-
thorize a 10-year program of grants for
the construction of medical, dental, and
public health education facilities. I did
so because we as a nation are sorely
lagging in developing our schools of
medicine, dentistry, public health, and
other centers for education and research
in the health field. We are not equipped
to meet the needs of today and even less
prepared to face the challenges of to-
morrow.

My proposal received no support what-
ever from the Eisenhower administration
and no action was taken by that session
of the Congress. Hearings were held in
June ot 1960, and the proposed legisla-
tion to provide Federal funds for the con-
struction and expansion of health teach-
ing facilities received wide support from
eminent medical, dental, and public
health educational authorities through-
out the country. Nonetheless, the bill
was never reported out of committee.

Today. I ask this Congress to move
quickly In authorizing a program for the
construction of medical, dental, and

public health training facilities. We
have lost more ground than we can af-
ford during the post 18 months, and we
dare not lose more.

One of the more sobering realities of
American life today is that we are rapid-
ly developing a shortage of physicians
and other health workers. We are fac-
ing a shortage which will reach 15,000
physicians and 15,000 dentists by 1975.
The prospect imperils the maintenance
of our present health standards and pre-
cludes the expansion demanded by our
growing and aging population. Unless
some positive steps are taken now, this
shortage will be reflected in a lower level
of quality and in maldistribution of the
Nation's health and medical services.

We simply cannot let this situation
contUiue. It is perfectly clear what must
be done, and done quickly, for every
month's delay simply intensifies the
problem. We need facilities for educat-
ing greater numbers of medical, dental,
and public health students each year,
and these facilities will become possible
only with the assistance of the Federal
Government.

The facts are set down clearly in a
broad-scale study of medical education,
conducted for the Surgeon General of
the Public Health Service by a group of
national leaders in medicine, education,
and public affairs, and published some
15 months ago. While the data con-
tained in the report have been well
known for a long time to those of us who
have been concexTied with the problems
of education in the health professions,
the conclusions give added urgency to
our conviction that immediate action is
required. I am sure that many of you
are familiar with this report, entitled
"Physicians for a Growing America,"
which brings together in one place all
of the circumstances and conditions
which surround medical education to-
day. To those of you who are not, I
recommend it as required reading at an
early date.

Specifically, among its recommenda-
tions, the report states:

To increase the supply of physicians and
to safeguard and protect the Nation's In-
vestment in research and medical care fa-
cilities. Federal support should be given to
the construction of medical school facilities.

Bear in mind that this was a unani-
mous recommendation of 22 non-Pederal
leaders in medicine, medical education,
and related fields.

We Americans speak proudly of our
progress in the health field. It is true
that we have made tremendous strides
in many areas. We can be proud of what
has been accomplished in the construc-
tion of hospital and other health facili-
ties, in the improvements of medical and
public health services, in medical re-
search and the assurance of its future
derelopment. We can be pleased with
the advances associated with the phar-
maceutical and chemical industry, with
the contributions of voluntary health
agencies and foundations, and with the
health consciouBness of the American
people which finds expression In organ-
ization and action. We can be proud
of these things, and pleased, but we can-
not be content.

1961

CONGRESSIONAL RECORD — HOUSE

301

As I pointed out In this House 18
months ago, one of the great gaps In
our present programs is in the absence
of broad support for the health insti-
tutions as contrasted with the support of
some of their separate functions. Med-
ical teaching institutions now receive
grants from the Federal Government to
assist in the support of teaching in spe-
cific branches of medicsd science.
Through the provlaiona of the Health
Research Facilities Act, Federal funds
also are available for the establishment
of laboratories and other research facil-
ities. But, to date, the necessary assist-
ance has not been forthcoming to enable
these teaching institutions quantita-
tively to keep up with our population
growth and with the demands engen-
dered by the rapid changes in medicine
and public health.

This longtime concern of mine has
been shared by many people who are in-
fluential leaders in medicine and science
today. Numerous proposals have come
from the Members of the Congress, from
the executive branch, and from Interests
outside the Federal Government devis-
ing ways to meet at least part of the
all-too-evident need. There has been a
great deal of discussion but almost noth-
ing in the way of action.

Today I ask the Congress once more
to consider legislation to give greater
Federal assistance in the renovation and
modernization of our present medical
and related schools, and to give encour-
agement and stimulus to the construc-
tion of new schools. The legislation I am
introducing would build upon and extend
into a parallel field the highly productive
present program of matching grants to
assist in the construction of health re-
search facilities. As I told the House a
year and a half ago, this procedure would
set no new precedents. Nor would it pose
any philosophical problems, even among
those who persist in the archaic belief
that the use of Federal funds for the
partial support of medical school activi-
ties would be a threat of Federal control
and socialized medicine.

This legislation gives clear recognition
to three things: First, that In a medical
school research and education are inter-
related parts of a single process ; second,
that adequate facilities are a basic re-
quirement for medical, dental, and re-
lated research and education; and third,
that the Federal Government shares in
the responsibility to see that such facili-
ties are abreast of the national need.

My proposals are completely in step
with other construction programs, where
matching funds from Federal sources —
such as the Hill-Burton hospital con-
struction program and the health re-
search facilities construction program —
have proved highly successful in help-
ing the States, commimitles, and insti-
tutions raise money from non-Federal
sources. Such matching grants foster
and encourage the putting of State and
private money to effective use. Without
the stimulus of Federal funds, the other
funds might never be raised and the
needed facilities probably never would
be built.

I urgently recommend, therefore, that
the Congress enact leglBlation to modify

and extend the Public Health Service
Act in the following major respects:

First. Add a new title to the PubUc
Health Service Act to provide funds for
the construction of health educational
facilities for our put lie and nonprofit
medical, dental, and public health
schools to insure the continued produc-
tion of an adequate number of properly
qualified and trained physicians, dentists,
teachers, and research scientists.

Second. Authorize appropriations of
$50 million for the fiscal year beginning
July 1. 1961, and each of the 4 succeed-
1 s fir:al years for grants for the expan-
sion and improvemen': of existing schools
of medicine, dentistry, and public health.

Third. Authorize appropriations of
$100 million for the period beginning
July 1, 1961, and ending June 30, 1971, for
grants for the construction of new
schools of medicine, dentistry, and public
health.

Fourth. Establish in the Public Health
Service a National Advisory Coimcil on
Health Educational Facilities to advise
and assist the Surgeon General in the
preparation of general regulations and to
consider all applicants for health edu-
cational facilities grants. This Council
would consist of the Surgeon General, as
Chairman, and the Commissioner of Edu-
cation as ex officio members, and of 10
mem'cers appointed by the Secretary of
Health, Education, and Welfare from the
fields of health sciences, education, and
public affairs.

I repeat, there is great need for the
rapid enactment of such legislation.

I have already referred to the popula-
tion changes that will occur during the
next decade. Our total population wUl
grow from the present 180 million to 220
million by 1970. Nearly three-qviarters
of this increase will be among persons
over 65 and under 20 years of age, when
requirements for medical care — which
means primarily more physicians — are
most frequent.

The report of the Surgeon General's
consultant group of medical education —
to which I referred earlier — states that
to maintain the present ratio of 141
physician* to 100.000 population will re-
quire a total of 330,000 physicians in
1975. If the schools must graduate
11,000 medical students a year by that
time — or 3,600 more a year than are
presently being graduated — this means
almost a 50 -percent increase in output.

Moreover, the estimate that 330,000
physicians will be required by 1975 m-
cludes the more than 1,500 physicians
trained in foreign medical schools who
are now licensed in this country each
year. Obviously, we welcome all quali-
fied physicians trained abroad to prac-
tice medicine In the United States if
they wish to do so. At the same time. It
is disquieting that a great and wealthy
Nation such as ours should be dependent
on other coimtries of the world for an
adequate flow of medical manpower.
This situation exists in no other circimi-
stance in our country and highlights, I
believe, the really acute state in our
health and medical field.

The consultants' reFK>rt also makes the
very important point that to meet this
1975 figure, present schools must be ex-

panded and a number of new schools
established. Since the establishment of
a new medical school usually takes about
10 years from the first planning to grad-
uation of the first class, planning must
begin right now. The report also ap-
plies the same urgency both as to need
for increased numbers and to additional
teaching facilities to dentists as to phy-
sicians.

An additional important consideration
I would bring to yoiu: attention is the
increasing responsibility carried by the
medical schools in pioneering in the pro-
vision of medical and commimity health
services. These schools carry out the
largest component of the Nation's re-
search effort m the health field. In ad-
dition, they produce an important seg-
ment of the Nation's total manpower for
research in the health sciences.

As I told this body in May of 1959. the
medical schools need for assistance in
the construction of new and the renova-
tion of existing facilities has been amply
demonstrated and often reiterated in
studies and reports by such eminent
groups as the Association of American
Medical Colleges, the Council on Medical
Education of the American Medical As-
sociation, the Surgeon General's con-
sultant group, this House itself, along
with many others whose interest, insight,
and integrity are beyond question. They
do not pretend, nor do I, that matching
grants for construction purposes will
meet all of the future needs of the medi-
cal schools. I intend to recommend fur-
ther steps in the direction of additional
assistance at an early date.

Right now, existing health educational
institutions are inadequately housed and
we need new schools to provide for the
years ahead. It is futile to pretend that
any other segment of American economy
will meet this need without some Federal
assistance.

To paraphrase the words of the Sur-
geon General's consultant group:

As a nation w« have come to value and
expect first-class medical service for aU our
people. But the provision of such service
will require more physicians, dentists, and
other health personnel. Without them, the
amount and quality of care must suffer. We
have here a national health problem, the
need of the whole people. The provision of
the needed support Is without question a
national responsibiUty.

BILL TO PERMIT CERTAIN VFTER-
ANS TO REINSTATE THEIR NA-
TIONAL SERVICE LIFE INSURANCE

Mr. McCORMACK. Mr. Speaker. I
ask unanimous consent that the gentle-
man from New York [Mr. Dm^sKiJ may
extend his remarks in the body of the
Record and include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Massachusetts?

There was no objection.

Mr. DULSKI. Mr. Speaker, I am to-
day introducing a bill which will permit
certam veterans to reinstate their na-
tional service life Insurance. I feel this
is a long needed correction of an injus-
tice that was done in 1951.

World War n veterans, as well as
Korean war veterans, were not properly

302

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

303

m

!

warned, and reopening the right for them
to reinstate their national service life
insurance is no more than fair. At the
time of discharge, many of these veter-
ans were relatively young and they were
not aware of the values of this insurance.
Some cases have come to my attention
where veterans were even advised to drop
their Government life insurance by serv-
ice personnel who were uninformed.

I strongly urge the speedy enactment
of this legislation to rectify this harsh
treatment of our veterans.

SPECIAL ORDER

The SPEAKER. Under previous order
of the House, the gentleman from Penn-
sylvania [Mr. Flood] Is recognized for
30 minutes.

SUBVERSION IN STATE DEPART-
MENT

Mr. FLOOD. Mr. Speaker, in numer-
ous statements to the House and in press
releases, I have emphasized the treason-
able influences in the Department of
State as related to the conduct of our
Caribbean and Isthmian Canal policies.

The strength of these influences was
boldly exhibited on September 17, 1960,
ofSciaUy designated as Constitution Day,
when the President shocked the Nation
with his order striking the flag of the
United States over the Canal Zone terri-
tory.

Less dramatic but equally serious in its
implications has been the failure of our
Cuban policy, resulting in the loss of
vast properties of U.S. citizens, the set-
ting up of a Soviet satellite in the West
Indies, and invasions of other countries
by revolutionaries from Cuba.

So far the press of our Nation has not
treated these questions as they should be,
with the result that the influences re-
sponsible for these dangerous develop-
ments are still with us.

Fortunately, one distinguished scholar
and author, George E. Sokolsky. of New
York, has pointed directly to the source
of the trouble-subversion in the Depart-
ment of State.

In a recent series of illuminating ar-
ticles, which I commend for reading by
every Member of the Congress, he urges
public investigation of these subversive
influences in the Department of State.

The articles follow:

(Prom th« Washington Post. Dec. 17, 1960]

TBZ OBOAmZATION OiT STATm

(By George X. Sokolsky)

The foreign affairs of this country have
assiuned a primacy In the public eye that
Is considerably exaggerated for unless this
country's currency is sound, unless its work-
ers are employed and its social conditions
are stable, it cannot maintain the role of
leadership.

• • • • •

The State Department needs reorganiza-
tion in all departments. A new Secretary
of State Is handicapped by leftovers who
have tenvire under Civil Service and Foreign
Service regulations. The Cuban situation Is
evidence that there are still hidden Commu-
nists in this critical Department and they
should be expelled because it Is impossible
to serve the United States and the Kremlin
slmultanecusly. There ought to be a con-
freaslonal Investigation of the operations

of the desks having to do with LAtln Amer-
ica. The Investigation should be public
with nothing bidden away to save anyone's
face. This country would be shocked at
what would be discovered. The Alger Hiss
case would take second place.

The trouble with the intramural investi-
gations is that the American people, who
are most concerned, are never given the in-
formation which they should have. No news-
paper can make public what it could not
prove In a court to be true and to prove
"what everybody knows" would require a
subpena and the power to cross-examine wit-
nesses under oath. '

A new Secretary of State can so reorganize
his Department that those who can be harm-
ful are put inplaces where they can do no
harm. He haa the opportunity of a new
approach and of reorganization, particularly
if his President means to clean house.

(Prom the Washington Post, Dec. 22, 1900]

Who Is Hr?

(By George E. Sokolsky)

The antl-Castro Cubans have been telling
me for more than 6 months that an official
of the State Department, William Arthur
Montenegro, Is responsible for the success of
Pldel Castro.

But the State Department records do not
show the employment of a William Arthur
Montenegro. Is this a personality with two
names? Does a person who has an effective
voice in determining American policy in
Latin America go by two names? Latin
American Communists know of two men by
the name of Montenegro, one who Is actually
a Communist Party member, another who
was very symp>athetlc to the piu-ty. Both
were Journalists.

This is a case for Robert Kennedy, the on-
coming Attorney General, a very tough
"Mick" who is not likely to look on a cover-
up very kindly. His book. "The Enemy
Within," establishes that he regards the De-
partment of Justice with a Jaundiced eye
because it has lost too many cases In the
courts which adequate preparation should
have won. Searching for Montenegro ought
not to be difficult. No matter what name
he employs, the record of how things were
made easy for Castro by the Government of
the United States will lead directly to a case
which, if properly prepared, will make pre-
vloiis cases look very mild, indeed.

William Arthur Montenegro, under that
name and under another name, wrote for
the Havana Post from 193S to 1937. That la
a good place to start if anyone needs a tip.
There are articles in that paper which were
contributed by such a person.

The State Department has a technique for
covering up and for evading scandals. When
a State Department official g^^es wrong or is
caught with bloody hands, the trick Is to
send him to other parts of the world, far
from news centers, until those who are Inter-
ested forget about him, get interested In
something else, or die. Then the career offi-
cial who went awry may retiu-n to Wash-
ington.

But the Cuban story wUI not die down.
Too many Cubans have been robbed at their
homes. Too nuuiy Americans have lost their
businesses. Too many Latin Americans fear
the Communist menace.

They are after William Arthur Montenegro
by whatever name he has gone In the State
Department. They know who he is, and
they win not rest, no matter to what embassy
In Europe the State Department sends him.

Were there such a committee as Senator
McCarran or Senator Joseph McCarthy head-
ed, there would be an Investigation of major
magnitude, and It would be out In the open.
Senator PxTLBaicHT is insistent that the State
Department depend upon especially trained
men, career men. those who prepare them-
selves for the Porelgn Service and stay in It

as a life work. Therefore, it Is up to Senator
PULsaiOHT to investigate William Arthur
Montenegro by whatever name he hs« gone
In the State Department for nearly two
decades. Also, they would want to know
precisely what incompleted educational
preparation this person had for a State
Department career.

How Is it possible for a person to enter
upon a State D jMutment career without
training, with a record of only 1 year In col-
lege and an incompleted premedical course?
What goes on in that very choice depart-
ment of Government?

On this svtbject. there ought to be a pub-
lic ^ Bearing and the first three men who
oi^ht to testify in public should be Robert
HUU, American Ambassador to Mexico: Ar-
thur Gardner, American Ambassador to
Cuba: Kail E. T. Smith, American Ambassa-
dor to Cuba. These men should be re-
quired to tell publicly, under oath, what their
personal experience has been In the Castro
nutter and what their experience has been
with the State Department, and what re-
ports they sent to the Department warning
of the perils In Latin America and how their
warnings were Ignored. It would be in-
teresting to know if such reporU reached
higher officials, particularly President Elsen-
hower. Also, such an open, public hearing
might ask Herbert Matthews of the New York
Times to Identify WUllam Arthur Montene-
gro. Antl-Castro Cubans Insist that to tm-
derstand the State Dtipartment attitude to-
ward Castro, It Is essential to have Matthews
Identify Montenegro. Also, Ambassador Earl
E. T. Smith told me that when he was ap-
pointed ambassador, he was Instructed by
the SUte Department to be briefed by Her-
bert Matthews. Smith also testified to this
effect before a congressional conunittee.

[Prom the Washington Post. Dec. 30. 1900]

Each Tkas Its Own

(By George E. Sokolaky)

The year 1961 brings In a new President,
with some new faces In his administration
and some very old ones. Some of the new
faces give hope of a rationalization of the
structure and policy of government. Some
of the old faces are not a little frightening
because they were among the authors of the
errors which have brought upon us many
of our present difficulties. But men do grow
older and they do matiire and those who
blundered may have learned that doctrinaire
assumptions are neither facts nor pollclea.
• • • • •

What Is necessary Is not so much a refor-
mulation of policy as a total reorganization of
the personnel of the State Department.

And this brings me to the question of what
will be done about William Arthur Monte-
negro, by wtiatever name he goes in the
State Department.

I have been told that the Eastland cocn-
mlttee has been Investigating William Arthur
Montenegro, by whatever name he goes, for
many months, and that this conunittee pos-
sesses more information concerning him and
his acUvltlea than I posaew, although I doubt
that, for I have the entire story. However,
if the Senate Internal Security Subcocnznlt-

tee possesses such data, what la It waiting
for?

The new President will need to face many
reorganizations of departments, but none Is
as important as the restudy of the personnel
of the State Department and of other depart-
ments which deal with foreign relations. Por
some reason, these departments have baen
infiltrated and Infested with unsatisfactory
personnel. It Is not so much a matter of the
"ugly American." as It Is that the InformaUon
which comes to a President Is too often In-
adequate or even Incorrect and that the day-
by-day actions and decisions which ctunula-
tlvely became policy before a President can
act. are not always beneficial to the United
States.

Some Presidents have taken the view that
because these departments affect Interna-
tional relations, they must be protected from
the vuglar eyes of the people through the
action of a congressional committee. Thus
great mischief can be done by small people.
The William Arthur Montenegro case — liy
whatever name he goes — opens the door
wide. No Secretary of State and no Presi-
dent can have any excuse for protecting this
case from congressional investigation, and
this one case will open many windows to
shocking conditions.

The new President will have to clean house
anyhow and he might as well start in the
State Department which is the showcase of
the Nation and a very sloppy showcase it is.
Indeed.

CUBA AND OUANTANAMO

Mr. FLOOD. Mr. Speaker, the break-
ing of diplomatic relations by the United
States with the Commimlst-dominated
Government of Cuba on January 3, 1960.
as the result of a Cuban ultimatum to the
United States to reduce its diplomatic
mission in that country, again drama-
tizes the serious situation in the Carib-
bean about which I have addressed the
Congress on many occasions and corre-
sponded with the Department of State.

Promptly after learning of the Presi-
dent's action, I telegraphed commending
him and promising my full support.
Later, on January 4. 1 again telegraphed
him urging that he reassert our deter-
mination to remain In the Ouantanamo
Naval Base and to defend it. and that he
reactivate immediately the Caribbean
Naval squadron on a permanent basis
with a squadron commander reporting
directly to the Chief of Naval Operations.

In this general connection, we should
not overlook the fact that the Ouan-
tanamo and Cuban situations have a
long background.

During the September 1960 sessions of
the General Assembly of the United Na-
tions, the question of continued U.S. con-
trol over the Guantanamo Naval Base
arose and received wide attention.

Because of the open threats of pro-
Communist Cuban leaders against our
position imder the current treaty. I
wrote two letters to the Secretary of
State, on September 22 and October 3,
1960.

In its reply on October 5, the Depart-
ment of State took an unequivocal
stand, which for emphasis, I shall quote:

The United States maintains the Ouan-
tanamo naval establishment under the terms
of a vaUd and binding international agree-
ment which can be abrogated only by agree-
ment of both parties. I can assure you that
the Department has no Intention of agreeing
to the abrogation of the agreement or to the
abandonment of the base.

The entire exchange of letters and
telegrams follows :

Skftxmbxb 22, 1900.
H(». CtBKumun A. Hntss.
Secretary of State.
WaahiTigton, D.C.

Dbab Mb. Sscan-Asr: The Acting Prime
Minister of Cuba, Raul Castro, in an Associ-
ated Press Havana dispatch on September 20,
1960, Is quoted as stating: "It Is within our
possibilities in a determined moment to re-
claim that piece of our national territory
(Ouantanamo)." This statement, made only
three days after the President's order that
the Panama fiag be flown over the Canal

Zone, assumes a gravity that cannot be
Ignored.

I respectfuUy request to be advised as to
what the policy of the United States wiU be
In event of such possession by Cuba.

The location of Ouantanamo on the north-
em fiank of the Atlantic approaches to the
Panama Canal, Its function as an element
In the strategic triangle of the Caribbean
(Guantanamo, Panama, and Trinidad),
proximity to north-south ore-oU shipping
routes, nearness to the Cape Canaveral mis-
sile range, and value as a submarine and
air base to any enemy attacking the United
States are factors that combine to make con-
tinued U.S. poesession of Guantanamo a
matter of the highest Importance to our
security.

In answering my query, I r<sspectfuUy re-
quest you not to reply In the evasive manner
that featured your correspondence with me
concerning the fiylng of the Panama flag
over the Canal Zone, but to give a clear-cut
statement of the policy to be recommended
by yovir department.

In addition, please do not advise me that
the question presented is hypothetical and
will be met when the problem arises. My
position is that the problem has arisen.

An early reply Is requested.
Sincerely yotirs,

DAitnx J. Plood,
Member of Congress.

OcTOBB 3, 1960.
Hon. Christian A. HmTca,
Secretary of State,
Department of State,
Washington, D.C.

Dkab Ms. SacBKTAaT: On Septembo^ 22,
1960. foUowlng a published threat by Acting
Prime Minister Raul Castro of Cuba to secure
control of the U.8. naval base at Ouantan-
amo, I wrote you Inquiring what would be
the policy of the United States to meet this
situation. To date no reply has been re-
ceived.

News dispatches on September 27 from the
United Nations were to the effect that Prime
Minister Pldel Castro made a stronger and
more specific threat before the General
Assembly of that international organization.

Because this latest development empha-
sizes the necessity for a policy that wUl safe-
guard oiu* unimpaired possession of that
base, many of our people have become con-
cerned lest subversive influences in the State
Department recommend actions that may
result In the loss of Guantanamo.

Accordingly, I repeat my request of Sep-
tember 22 for a clear-cut statement from you
of the policy to be recommended by the State
Department.

In answering my letter, I also respectfully
repeat my previous requests that you do not
reply in the evasive manner that character-
ized your correspondence with me about the
ill advised order directing the display of the
Panama flag over the Canal Zone and that
you do not reply that the situation In Cuba
Is hypothetical. It Is here now and our
people have a right to know what our policy
Is.

In addition, I respectfully request that you
do not have scxne subcH^lnate write me, for
this Is a matter ^ of crucial Importance
deqjlte the focusing ca publicity on far-
away Congo. I ask yotu* personal consider-
ation.

A prompt reply is requested.
Sincerely yours,

Danixl J. Flood,
Member of Congress.

Dkpastmxmt or State,
Washington. October 5, 1960.
Dzas Mb. Plood: I bave received your let-
ter of September 22, 1960, addressed to
Secretary Herter. concerning the position ot
the Department with respect to the Ouan-
tanamo naval base.

As you mentioned in your letter, Raul
Castro on September 19, 1960, made refer-
ence to the Guantanamo base. Subsequent
to this remark, Pldel Castro In his address
on September 26 to the General Assembly of
the United Nations and again on his return
to Cuba stated that the Cuban Government
Is considering asking for the withdrawal,
through the process of International law, of
U.S. military forces from Guantanamo.
Cuban officials have made a number of
statements to the effect that they do not
Intend to attack the base.

The United States maintains the Ouan-
tanamo naval establishment under the terms
of a valid and binding International agree-
ment which can be abrogated only by the
agreement of both parties. I ctn assiu^ you
that the Department has no Intention of
agreeing to the abrogation of the agreement
or to the abandonment of the base.

Please call on me If I may be of further
assistance.

Sincerely yours,

WnxiAM B. Maoombck, Jr.,

Assistant Secretary.

Janxtakt 3, 1961.
President Dwicht D. Eisenhoweb,
The White House.
Washington, D.C:

My compliments on your decision to break
diplomatic relations with Cuba. Be assured
of my complete support of this action in best
interests of our country and wcu-ld peace.
Let us hope your decision wUl be followed
by aU nations which believe In God and
freedom. Let us pray that stricken Cuba will
once again be returned and soon to her free-
dom-loving God-fearing people who are the
traditional friends of United States of Amer-
ica.

Daniel J. Plood,

if ember of Congress.

Januabt 4, 1961.
President Dwight D. Eisenhowek,
The White House,
Washington, D.C:

Respectfully urge you reassert determina-
tion of United States to remain In and de-
fend Ouantanamo Naval Base In Cuba and
that you order reactivated Immediately Car-
ibbean naval squadron of one carrier, one
cruiser, and necessary destroyer escort with
commanding officer of squadron reporting
directly to Chief of Naval Operations and
that this squadron be made permanent.
That you call for a diplomatic quarantine of
Castro's Cuba by all Western Hemisphere na-
tions and that you urge immediate conven-
ing of the Organization of American States
to that end.

Daniel J. Flood,
Member of Congress.

MONROE DOCTRINE AND SELF-
DEFENSE

Mr. PLOOD. Mr. Speaker, ever since
the establishment of a Communist
beachhead in Cuba in January 1959, the
question of the Monroe I>octrine as an
expression of the principles of interna-
tional law in dealing with the protec-
tion of the Western Hemisphere has been
Increasingly discussed in the press of
the Nation.

Among the recent contributions to the
cumulating literature on that vital pol-
icy question is a thoughtful article by Dr.
Charles Callan Tanslll in the December
1960 issue of American Mercury.

As a life student of American diplo-
matic history, author of many bocdcs on
that subject, and former adviser of the
Senate Committee on Foreign Relations,

304

CX)NGRESSIONAL RECORD — HOUSE

Janvxiry 6

Dr. Tansill Is one of the leading authori-
ties of the country in his field whose
views command respect.
The indicated article follows:

TBS MONSOK DOCTUKX AND THX BIOHT OF
SELr-DKFXNSX

(By Charles Callan Tansill)

In one of his hysterical tirades against
the United States. Nlklta Khrushchev boldly
announced that the Monroe Doctrine is out
of date and no longer has any validity in
IntemaUonal relations. In Cuba, Premier
Castro accepted this declaration at face
value, and has continued to thxinder against
any application of the doctrine.

To any student of American foreign policy
It is evident that in 1823 President Monroe
sent his famous message to Congress as a
warning to European powers that America
would seriously object to any intervention
In Latin America. This warning was uni-
lateral and was based upon the principles of
international law dealing with the doctrine
of self-defense. Every nation has a Monroe
Doctrine that is designed to protect its na-
tional security and it can never be out of
date.

Since 1808 the Caribbean has been an
American danger zone and our Presidents
have been deeply concerned about any type
of European Intervention. After the war
for southern independence, the Department
of State has watched with anxious eyes for
an indirect intervention in the Caribbean
through the transfer of sovereignty of island
possessions. We were pcu-tlcularly fearful
that Oermany might attempt to secure from
Denmark the control of the Danish West
Indies, and In August. 1910, President Wilson
exerted such pressure upon Denmark that
she sold the islands to the United States for
•25 mUllon.

The attitude of President Theodore Roose-
velt toward European Intervention in Vene-
zuela in 1903 is a twlcetold tale that does not
need repetition here. But It is Important
to note that on December 8, 1904, he pro-
claimed his corollary to the Monroe Doctrine.
If any nation In Latin America engaged in
chronic wrongdoing the Monroe Doctrine
would "force the United States • • • to the
exercise of an international police power."
We would compel Latin American Nations
to behave themselves.

In 1911 another corollary was added to the
Monroe Doctrine. When rxmiors were circu-
lated that a Japanese company was negotiat-
ing for the purchase of a tract of land on
Magdalena Bay, Mexico, the Senate of the
United States immediately adopted a resolu-
tion that strongly condemned the trans-
fer of strategic spots in the Americas to
non-American private companies that might
be agents for a foreign power. The infiltra-
tion of foreign powers into the Caribbean
area through indirect means was said to be a
breach of the Monroe Doctrine.

In Jime 1940, when Nazi armies had over-
run both France and Holland, the American
Congress, fearful that Hitler had his eyes
upon the Dutch and French Islands In t-he
Caribbean, adopted a resolution strongly
reaffirming the nontransfer principle of the
Monroe Doctrine. German refusal to accept
this principle led to the convening of the
Havana Conference on July 21, 1940. Under
the terms of the Act of Havana. July 30, any
territory of a European power in danger of
falling into the hands of an unfriendly power,
might be taken over and Jointly adminis-
tered by the American Republics pending a
final disposition of the areas in question.
Multilateral action was coming into vogue.

In the meantime, in December 1938. a
Special Inter-American Conference for the
Maintenance of Peace, meeting in Buenos
Aires, adopted an important protocol relative
to nonintervention: "The high contracting
parties declare inadmissible the intervention
ot any one of them, directly or indirectly, and

for whatever reason. In th« internal or
external affairs of any other of the parttes."
But this ambitious peace structure of the
Roosevelt administration does not mean
that the Monroe Doctrine is out at date or
that a system of collective security can take
the place of any Individual action on the
part of the United SUtes if iU national
security is seriously imperiled. The Monroe
Doctrine, and the Important series of treaties
that implement it, are merely expressions of
the principles of international law dealing
with the right of self-defense. This right
is basic to national sovereignty and can never
be abandoned by the United States.

PANAMA INTRIGUE: CONGRESS
MUST INVESTIGATE SEQUEL

Mr. FLOOD. Mr. Speaker, in an ad-
dress to the House on September 1960.
imder the title of "Panama Intrigue:
Congress Must Investigate." I included
an exchange of correspondence between
the Department of State and myself on
the question of subversive activities in
that Department. Also published with
that assembly of letters was one to the
chairman of the House Committee on
Government Operations in which I urged
an immediate investigation by this com-
mittee to determine the identity of these
influences.

In November 1959. it will be recalled,
the isthmus was the scene of the worst
border violence in Panama Canal Zone
history, with radical-led mobs endeavor-
ing to enter the zone to plant the Pan-
ama flag over that territory and to that
end employing physical violence.

A year later, in October 1980, when
news stories indicated the imminence of
a repetition of the 1959 Canal Zone bor-
der disorders. I wrote the Secretary of
State on October 18, protesting the fail-
ure of that Department to comment on
what was developing.

Replsring on November 2, the Depart-
ment of State commented that the
"motivation and arrangement for the
flag day parade are compatible with the
consideration which led to the decision
to display the flag of the Republic of
Panama in the Canal Zone."

Here, Mr. Speaker, is an official admis-
sion of the willingness of the Depart-
ment of State to compromise on Uie fun-
damental principle of Canal Zone sover-
eignty to placate radical-led mobs in
Panama.

In order that the Congress, especially
committees concerned with the investi-
gation of subversive influences in the
Department of State, may be fully in-
formed, I quote the two indicated letters:

OCTOBxa 18, 1980.
Hon. CUKISTIAN HxBTxa,

Secretary of State,
Department of State,
Washinffton, D.C.

DsAX Ms. SzcaxTAXT: I would appreciate
knowing what action is proposed, concern-
ing the parade into the Canal Zone on No-
vember 4, since no permit has been requested
and Panama is again forcing the issue now
that they have been given a foot in the
door by flying the flag.

Do I understand the State Department
will not comment on the rapidly developing
parade of thousands of Panamanians with
their flag from one end of the zont to the
other?

Sincerely yours,

Danul J. Tloos,
Member of Congress.

Dbpabticxnt or OtArm.
WoMhtn^toti. HfOTietnber Z. 1969.

Obab Mk. Plooo: Tour letter of October 18.
addreesed to the Secretary, regarding prepa-
rations for a parade in the Oanal Zone on
November 4 has been referred to me for
reply.

The municipal council In Panama City re-
cently requested the Foreign Minister to
make arrangements with Canal Zone author-
ities, through diplomatic channels, for a
parade through a part of the zone on Pan-
ama's flag day, November 4. A similar parade
Is being planned in Colon for November 6,
Colon's Independence day celebration. 8ut>-
Ject to certain limitations as to the parade
route, the Acting Oovernor of the Canal Zone
has acqtiiesced to the request for the parade
at Balboa; details are not yet available on
the arrangements at Cristobal.

A leading Panamanian newspaper In com-
menting editorially on the November 4 pa-
rade stated that the "ceremony would be the
best recourse against the occurrence of any
distiurbing and disorderly event during the
national holidays." The article went on to
say that "the misguided or Irresponsible
groups who plan to provoke violent encoun-
ters with the neighbors on the other side of
the Fourth of July Avenue will, with this
patriotic parade organized by the municipal
cotmcil, remain completely frustrated In
their extremist demonstrations. **

Information available to the Department
and the Bmbeasy to date indicates that the
motivation and arrangements for the flag
day parade are compatible with the consid-
erations which led to the decision to display
of the flag of the Republic of Panama In tb«
Canal Zone.

If I can be of further a*lstance to y<ra.
please do not hesitate to call on me.
Sincerely yoxirs.

WoxiAM B. MACoicna. Jr..

Assistant Secretarf.

SPECIAL ORDERS GRANTED

By unanimous consent, permission to
address the House, following the legis-
lative program and any special orders
heretofore entered, was granted to:

Mr. ScHKiiKR (at the request of Mr.
Nelsen), for 15 minutes, on January 9.

Mr. Flood (at the request of Mr. Mc-
COKMACK ) , f or 30 minutes, today, and to
revise and extend his remarks and to
include extraneous matter.

EXTENSION OP REMARKS

By unanimous consent, at the request
of Mr. Nelsen. the following Members
were granted iiermission to extend their
remarks and include extraneous matter
in the Rxcoss:

Mr. Pulton.

Mr. Van Zandt in four instances.

Mr. SCHEREK.

Mr. Chamberlain.

At the request of Mr. McK^oimack, the

following Members were granted permis-
sion to extend their remarks in the Con-
gressional Record and to include ex-
traneous matter:

Mr. Buckley.

Mr. Flood.

Mr. Ryan in two instances.

Mr. EviNS.

ADJOURNMENT

Mr. McCORMACK. Mr. Speaker. 1
move that the House do now adjourn.

The motion was agreed to; accordingly
(at 1 o'clock and 58 minutes pjn.) , under

1961

CONGRESSIONAL RECORD -— HOUSE

305

its previous order, the House adjourned
until Monday, January 8, 1961. at 12
o'clock noon.

EXECUTIVE COMMUNICATKMI8.

ETC.

Under clause 2 of rule XXTV. executive
communications were taken from the
Speaker's table and referred as follows:

215. A letter from the Administrator, Oen-
eral Services Administration, transmitting a
copy of the certificate of ascertainment of
electors of the State of Hawaii, dated Janu-
ary 4. 1961. pursuant to section 6. title 8.
United States Code; to the Committee on
House Administration.

216. A letter from the Chairman. National
Advisory Council on International Blonetary
and Financial Problems, transmitting the
Seventh Special Report of the Council on the
operations and policies of the international
financial Institutions of which the United
States is a member, for the 2-year period
April 1. 1958 through March 31, 19«0. pur-
suant to section 4(b) (6) of the Bretton
Woods Agreements Act. as amended (H. Doc.
No. 4S); to the Committee on Banking and
Currency and ordered to be prliited.

317. A letter from the Administrative As-
sistant Secretary of the Interior, transmitting
a report for the special helium-production
fund for the fiscal year ended June SO. 1900.
pursuant to (50 Stat. 885. 50 U.8.C. 104);
to the Committee on Armed Services.

318. A letter from the President of the
Board at Oommlsslonaw of the District of
COlimibla. transmitting a report of the of-
ficial operations of the government of the
District of Columbia for the fiscal year ended
June 30, 1960. pursuant to an act approved
June 11. 1878 (20 Stat. 108): to the Commit-
tee on the District of Columbia.

219. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on examination of the prices negotiated
for J-71-A-11 aircraft engines under De-
partment of the Air Force contract AF 83
(800) -23143 With Allison Division. Oeneral
Motors Corp.. Indianapolis. Ind.; to the Ckun-
mittee on Government Operations.

220. A letter from the Comptroller General
of the United States, transmitting a report
on examination of conversion from a cost-
plus-a-fixed-fee basis to a fixed-price basis of
certain portions of Department of the Navy
contract NOy-83333 with Brown-Raymond-
Walsh (a Joint venture) for the Spanish base
construction program; to the Committee on
Government Op>eratlons.

221. A letter from the (Comptroller Oeneral
of the United States, transmitting a report
<m a general review of current automatic
data processing developments in the Federal
Government; to the Conmilttee on Govern-
ment Operations.

222. A letter from the Secretary of the
Army, transmitting a letter from the Chief
of Engineers, Department of the Army, dated
November S. 1960, submitting a report, to-
gether with accompanying papers and lUus-
tratlons, on a review of reports on Sitka
Harbor. Alaska, requested by resolutions of
the Committees on Public Works. U.S. Ben-
ate and House of Representatives, adopted
June 21. 1957 and July 81. 1967; to the Com-
mittee on Public Works.

228. A letter from the Secretary of the
Army, transmitting a letter from the Chief
of Engineers. Department of the Army, dated
September 29. 1960, submitting a report, to-
gether with accompanying papers and Illus-
trations, on a sxirvey of Powells Bay, Va., au-
thorized by the River and Harbor Act ap-
proved June 80. 1948; to the Committee on
Public Works.

224. A letter from the Comptroller Gen-
eral of the United States, transmitting a re-
port on our fiscal year 1959 review of the
education and training programs adminis-

tered by the Veterans' Administration for
the benefit of veterans of the Korean con-
fUct and of children of persons who died
fr<Hn injury or disease resulting from service
during the Spanish-American War, World
War I. World War n, <x the Korean conflict;
to the Committee on Government Opera-
tions.

PUBLIC BILLS AND RESOLUTIONS

Under clause 4 of rule XXII, public
bills and resolutions were introduced and
severally referred as follows:

By Mr. BARING :

HH. 1921. A blU to protect the right of
the blind to self-expression through organi-
zations of the blind; to the Committee on
Education and Labor.

H Jl. 1922. A bill to provide for a Veterans'
Administration general medical and stu^ical
hospital of 200 beds at Clark Covntj, Nev..
to the Commtltee on Veterans' Affairs.
By Mr. BOGG8:

H H. 1923. A bill to amend section 37 of the
Internal Revenue Code of 1954 to equalize
for all taxpayers the amount which may be
taken into account In computing the retire-
ment credit thereunder: to the Committee
on Ways and Means.

By Mr. BROOKS of Louisiana :

H Jl. 1924. A bill to provide for the designa-
tion of parts of U.S. Highways Noe. 61 and 71
as a part of the National System of Interstate
and Defense Highways; to the Committee on
Public Works.

ByMr. COHELAN:

HJl. 1925. A bill to establish a National
Wilderness Preservation System for the per-
manent good of the whole people, and for
other purposes; to the Committee on Interior
and Insular AfTalrs.

HH. 1926. A bUl to provide for unemploy-
ment reinsurance grants to the States, to re-
vise, extend, and improve the unemployment
Insurance program, and for other pxirposes;
to the Committee on Ways and Means.
By Mr. JAMES C. DAVIS:

Hit. 1927. A bill to provide for certain sur-
vivors' annuities in additional cases under
the Civil Service Retirement Act of May 29,
1980; to the Committee on Poet Office and

Civil Service.

ByMr. DULSKI:

H.R. 1928. A bUl to amend the Veterans'
Benefits Code with respect to the payment
or compensation and pension to widows of
veterans; to the (Xtmmlttee on Veterans'
Affairs.

Hit. 1929. A bin to amend section 703(b)
of the Classification Act of 1949, as amended,
relating to longevity step increases; to ttie
Committee on Poet Office and Civil Service.

H.R. 1930. A bill to amend the C^lvll Serv-
ice Retirement Act to increase by an addi-
tional one -half of 1 percent of the annuity
computation formula for determining an-
nuities for certain Federal employees; to
the Committee on Post Office and CivU
Service.

By Mr. ICHORD of Missouri:

HJt. 1931. A bm to establish an effective
program to aUevlate conditions of substan-
tial and p««istent unemployment and tm-
derempioyment in certain economically de-
pressed areas; to the Committee on Banking

and Currency.

ByMr.BOYKIN:

H.R. 1932. A bill to amend title 38 so as to
provide a uniform effective date for the
award of compensation payments not pre-
viously authorised by law; to the (»mmlttee
on Veterans' Affairs.
By Mr. BRAY:

H.R. 1933. A bill to amend the Federal Ck>al
Mine Safety Act so as to provide fxirther for
the prevention of accidents in coal mines; to
the Conunlttee on Education and Labor.
ByMr. DADDARIO:

H.R. 1934. A bill to amend the National
Aeronautics and Space Act of 1958, and for

other ptirposes; to the Committee on Science
and Astronautics.

By Mr. DOYLB:

HH. 1935. A bill to amend chapter 78 of
title 10, United States Code, to provide that
certain boards established thereunder shall
give consideration to satisfactory evidence
relating to good character and exemplary
conduct in civilian life after discharge or
dismissal In determining whether or not to
c<nTect certain dischargee and dismissals; to
authorize the award of an exemplary re-
habilitation certificate, and for other pur-
poses; to the (Committee on Armed Servieee.
By Mr. FLOOD:

H.R. 1936. A bill to amend the Federal

Ck>al Mine Safety Act so as to provide further

for the prevention of accidents In ooal mines;

to the Committee on Education and Labor.

By Mrs. GRIFFTIHS:

BH. 1987. A bill to provide for the hmnane
treatment of animals used in experiments
and tests by recipients of grants from the
United States and by agencies and instru-
mentalities of the U£. Government and for
othe.- purposes; to the Committee on Inter-
state and Foreign Commerce.
By Mr. HALJ.:

HH. 1938. A bill to authorise the Secretary
of the Army to convey approximately 27
acres of land at Fort Crowder MUltary Reser-
vation to the city of Neosho. Mo.; to the
Committee on Armed Services.
By Mr. HECHLER:

H.R. 1939. A bUl to amend the Federal
Coal Mine Safety Act so as to provide further
for the prevention of accidents in coal
mines; to the Committee on Bducation and
Labor.

By Mr. HCXJiAMD:

HA. 1940. A bill to redtice the maximum
workweek tmder the Fair Labor Standards
Act of 1938 as amended, to 32 hours, and
for other ptuposee; to the Committee on
Education and Labor.

HJt. 1941. A blU to amend the Federal
Coal Mine Safety Act so as to provide further
for the prevention of accidents In coal
mines; to the (Committee on Education and
Labor.

By Mr. KEARNS:

H.R. 1942. A blU to establish a program
of grants to States for the development of
programs and projects in the arts, and for
other purposes; to the Cconmlttee on Edu-
cation and Labor.

By Mr. KEOGH:

HJl. 1943. A bill relating to duty-free im-
ports of Philippine tobacco: to the Commit-
tee on Ways and Means.

By Mr. MARTIN of Nebraska :

HJt. 1944. A bill to extend the provisions
of the Sugar Act of 1948, as amended; to the
Committee on Agrlcvilture.
By Mr. MERROW:

HJt. 1945. A bill to i4>proprUte $238,000
to the Secretary of the Army to cany out
certain works of improvement at Rye Harbor,
N.H.; to the Committee on Appropriations.

HJl. 1946. A bill to amend title 38, United
States Code, to provide for the payment of
pensions to veterans of World War I; to the
Conunlttee on Veterans' Affairs.
By Mr. MOSS:

H.R. 1947. A bill to amend section 6 of
the act of August 24. 1912. as amended, with
respect to the recognitlMi of organizations
of postal and Federal employees; to the Ccan-
mlttee on Poet Office and Civil Service.

HJt. 1948. A biU to establish a plan and
appropriate procedure for the promotion of
employees of the Government on the basis
of merit; to the Committee on Post Office
and Civil Service.

By Mr. MOULDER:

HA. 1949. A biU to protect consumers and
others against misbranding and false adver-
tising of decorative hardwood or simulated
hardwood products; to the Committee on
Interstate and Foreign Conunerce.

cvn-

-20

306

CONGRESSIONAL RECORD -- HOUSE

January 6

HJl. 1950. A blU to ■trengthen the do-
mestic and foreign commerce of the United
States by providing for the establishment of
an Office of International Travel within the
Department of Commerce and a Travel Ad-
visory Board: to the Committee on Interstate
and Foreign Commerce.
Byllr.O'KONSKI:
HJt. 19S1. A blU to provide for a national
cemetery at Bong Air Force Baae. In Wis-
consin; to the Committee on Interior and
Insular Affairs.

HJt. 1953. A bill to amend title 38 of the
United States Code to provide that In de-
termining eligibility of a vete:-an to dis-
ability pension the Income of i^ spouse shall
not be counted In computing the veteran's
ttT^wiii^i Income; to the Committee on Vet-
erans' Affairs.

HJt. 1953. A bill to provide a basts for
payment of death pension by the Veterans'
Administration to a widow or child of a per-
son who served In World War I, World War
n. or the Korean conflict, and who died
while on active duty under circumstances
which are held not to be a basis for an
award of death compensation or dependency
and Indenuilty compensation; to the Com-
mittee on Veterans' Affairs.

HJt. 1954. A bill to provide that amounts
eqvial to amounts paid by a veteran for ex-
penses of the last illness and burial of a wife
or child shall not be included In the com-
putation of his annual Income for pension
pxurpoees; to the Committee on Veterans'
Affairs.

HJt. 1955. A bill to amend section 833 of
title 38. United States Code, to provide that
veterans who serve 2 or more years in peace-
time shall be entitled to a presumption that
chronic diseases becoming manifest within
1 year from the date of separation from serv-
ice are service connected; to the Conunlttee
on Veterans' Affairs.

H.R. 1956. A bUl to amend section 12(b)
of Public Law 85-857 to provide for payment
of the World War I bonxis to certain Indi-
viduals discharged on accoiuit of alienaige,
except pursuant to their own application or
solicitation; to the Conunlttee on Veterans'
Affairs.

H.R. 1967. A bill to eliminate the prohibi-
tion contained in section 1613 of title 38.
United States Code, against affording educa-
tion or training to an eligible veteran of the
Korean conflict beyond 8 years after his
discharge; and, to make January 31, 1965,
the uniform deadline beyond which such
education or training may not be afforded;
to the Conunlttee on Veterans' Affairs.

H.R. 1958. A bill to amend chapter 15 of
title 38, United States Code, to provide pen-
sion for the widows and children of veterans
disabled 30 percent or more while engaged
in armed conflict or in extrahazardous serv-
ice, Including such service under conditions
simulating war; to the Committee on Veter-
ans' Affairs.

H.R. 1959. A bill to provide that where the
entitlement of a veteran, widow, or child to
a pension from the Veterans' Administration
is based upon the veteran's having served
in World War I, the beneficiary shall, if
otherwise eligible, have the right to elect
payment of pension under either the provi-
sions of title 38 as in effect on June 30, 1960,
or as amended by the Veterans' Pension Act
of 1959. whichever provides the greater bene-
fit; to the Committee on Veterans' Affairs.
By Mr. POFF:

HJt. 1900. A bill to amend chapter 85 of
title 28 of the United States Code relating
to the Jurisdiction of the U.S. district courts,
and for other purposes; to the Committee
on the Judiciary.

H.R. 1961. A bill to amend sections 1, 17a,
57J. 64a(5), 67b. 67c. and 70c of the Bank-
ruptcy Act, and for other p\upoees; to the
Committee on the Judiciary.

By Mr. RHODES of Pennsylvania:
HJt. 1963. A bill to amend title n of the
Social Security Act so as to Increase the
minimum amount of the monthly Insur-
ance benefits i>ayable thereunder to the
Committee on Ways and Means.
ByBCr.SAYXOB:
HJt. 1968. A bill to amend section 110 of
titie 38, United States Code, to provide for
the preservation of total disability ratings
imder laws administered by the Veterans'
Administration where such ratings have been
in force for 16 years or more; to the Com-
mittee on Veterans' Affairs.

HJl. 1964. A bill to provide that the Vet-
erans' Administration hospital at Altoona,
Pa., shall have 500 beds for the furnishing
of intermediate care, and for other purposes;
to the Committee on Veterans' Affairs.
By Mrs. SUIXTVAN:

H.R. 1965. A bill to amend section 491 of
title 18. United States Code, prohibiting cer-
tain acts involving the use of tokens, slugs,
disks, devices, papers, or other things; to the
Committee on the Judiciary.

By Mr. TEAOUS of Texas:

H.R. 1966. A bill to amend title 38, United
States Code, to provide vocational rehabilita-
tion, education, and training, and loan guar-
antee benefits for veterans of service after
January 31. 1965, and for other purposes:
to the Committee on Veterans' Affairs.

By Mr. TEAOUE of Texas (by request) :

HJt. 1967. A bill to amend section 410 of
title 38, United States Code, to provide for
paying dependency and indemnity compensa-
tion to the survivors of certain deceased vet-
erans having serious service-connected dis-
abilities; to the Committee on Veterans'
Affairs.

By Mr.ULLMAN:

HJt. 1968. A bill to amend the Employment
Act of 1946 to establish policies with respect
to productive capital Investments of the Gov-
ernment; to the Conunlttee on Oovernment
Operations.

By Mr. UTT:

H.R. 1969. A bill to authorize the revest-
ment of certain Interests In land at the VS.
Naval Ammunition and Net Depot, Seal
Beach. Calif.; to the Committee on Interior
and Insular Affairs.

H.R. 1970. A bill for the establishment of
a Resources Planning Commission for the
Lower Colorado River Basin, to study the
multtpiu'poee resources of public lands and
other land and water areas in and near the
Colorado River between Hoover Dam and the
Mexican boundary, and for other purposes;
to the Committee on Interior and Insular
Affairs.

H.R. 1971. A bill to authorize certain beach
erosion control of the shore in San Diego
County, Calif.; to the Committee on Public
Works.

H.R. 1972. A bill to amend the Tariff Act
of 1980 to provide for the free Importation
of wild animals and wild birds which are In-
tended for exhibition in the United States;
to the Committee on Ways and Means.

H.R. 1973. A bill to amend section 1371 of
the Internal Revenue Code of 1954 to permit
stock of a small business corporation which
is owned by a husband and wife to be treated
as owned by a single shareholder for pur-
poses of determining the number of share-
holders of such corpiMratlon; to the Commit-
tee on Ways and Means.

H.R. 1974. A bill to encourage equity In-
vestment In new and small businesses, to re-
lieve unemployment, and provide additional
revenue to the Federal Oovernment to be ap-
plied to debt reduction, and for other piu-
poses; to the Committee on Ways and Means.

H.R. 1975. A bill to repeal the excise tax
on amounts paid for conununication service
or facilities; to the Committee on Ways and
Means.

H.R. 1976. A bin to amend section 4243 of
the Internal Revenue Code of 1954 to exempt
from the club-dues tax certain charges made
by nonprofit clubs for the use of facilities;
to the Committee on Ways and Means.

HJl. 1977. A bill to provide for adjusting
conditions of competition between certain
domestic industries and foreign industries
with respect to the level of wages and the
working conditions in the production of ar-
ticles Imported Into the United States: to
the Committee on Ways and Means.

H.R 1978. A bill to amend the VeUrans'
Benefits Act of 1967 to permit permanent
plan U.S. Oovernment life (converted) In-
surance policies and national service life In-
surance policies to be assigned as collateral
for certain loans; to the Committee on Vet-
erans' Affairs.

HJl. 1979. A bill to Increase the annual In-
come limitations governing the payment of
pension to certain veterans azMl their de-
pendents; to the Committee on Vet«rans'
Affairs.

H.R. 1980. A bill to provide for the con-
struction, operation, and maintenance of a
land boundary fence project, and for other
purposes; to the Committee on Agrictilture.

H.R. 1981. A blU reUting to the Interest
rates on loans made by the Treasury to the
Department of AgrlciUttire to carry out the
programs authorized by the Rural Electrlfl-
catlon Act of 1936; to the Committee on
Agriculture.

H.R. 1982. A bill to provide for an Increase
In the amount of clerk hire available to
Members of the House of Representatives
whose constituencies contain a population of
800.000 or more; to the Committee on House
Administration.

H.R. 1983. A bill to cancel reimbursable
charges against Mission Indian lands In Cali-
fornia; to the Committee on Interior and In-
sular Affairs.

H.R. 1984. A bill to authorize payment ot
the clalnu of certain former owners of prop-
erty vested by the United States, and for
other pwpoees; to the Committee on Inter-
state and Foreign Commerce.

H.R. 1986. A bill to prescribe the oath of
office of Justices and Judges of the United
States; to the Committee on the Judiciary.
By Mr. ALFORD:

HJl. 1986. A bill to repeal the provisions of
section 6 of the act of July 28. 1916, as
amended, relating to the furnishing of In-
formation to the Postmaster Oeneral by the
Interstate Commerce Conunlssion with re-
spect to revenue received by railroads from
express companies for the transportation of
express matter; to the Conunlttee on Post
Office and Civil Service.
ByMr. BAILXT:

HJl. 1987. A bill to esUbllsh an effective
program to alleviate conditions of substantial
and persistent unemployment and underem-
ployment In certain economically depressed
areas; to the Comntitte on Banking and Cur-
rency.

H.R. 1988. A bill to provide for the designa-
tion of that portion of U.S. Highway No. 19
which is located in the State of West Virginia
as a part of the National System of Inter-
state and Defense Highways; to the Commit-
tee on Public Works.

HJt. 1989. A bill to amend the Federal
Water Pollution Control Act to provide for
the sealing off of certain abandoned coal
mines so as to prevent the pollution of water-
ways, and for other purposes; to the Com-
mittee on Public Works.
By Mr. BARING:

H.R. 1990. A bill giving the consent of
Congress to a compact between the State
of Arizona and the State of Nevada estab-
llshing a boundary between those States;
to the Committee on the Judiciary.

1961

CONGRESSIONAL RECORD — HOUSE

307

HJl. 1991 • A bill to permit the free market-
ing of gcild, and for other ptui>oees; to the
Committee on Banking and Currency.

HJl. 1993. A bill to authorize the cl&ssiflca-
tlon, segregation, and disposal of public lands
chlefiy valuable for urban and business pur-
poses; to the Committee on Interior and
Insular Affairs.

HJl. 1998. A bill to amend title 38, United
States Code, to provide the payment of pen-
sions to veterans of World War I; to the
Committee on Veterans' Affairs.
By Mr. BUCKLEY:

HJl. 1994. A bin to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and
vmderemployment In certain economically
depressed areas; to the Committee on Bank-
ing and Currency.

By Mr. BURKE of Kentucky:

HJl. 1995. A bill to esUbllsh a commission
to study the adequacy of compensation for
real property acquired by the United States;
to the Committee on Public Works.
By Mr. BYRNES of Wisconsin:

HJl. 1996. A bill to amend the Internal
Revenue Code of 1954 to make certain tech-
nical revisions In the Income and adminis-
trative provisions; to the Committee on Ways
and Means.

H.R. 1997. A bill to repeal the interest rate

limitations on obligations of the United

States issued luider the Second Liberty Bond

Act; to the Committee on Ways and Means.

ByMr. CHELF:

HJl. 1998. A bUl to provide that the House
of Representatives shall be composed of 460
Members, and for other purposes; to the
Committee on the Judiciary.
By Mr. COHELAN:

H.B. 1999. A biU to provide for Federal
grants and contracts to carry out projects
with respect to techniques and practices for
the prevention, diminution, and control of
Juvenile delinquency, and for the training of
personnel; to the Committee on Education
and Labor.

H.R. 2000. A bin to eetabllsh a Federal Rec-
reation Service In the Department of Health,
Education, and Welfare, and for other pur-
poses; to the Committee on Education and
Labor.

H.R. 3001. A bill to prohibit the discharge
of members of the Armed Forces under con-
ditions other than honorable except pursu-
ant to the sentence of a court-martial; to the
Conunlttee on Armed Services.
By Mr. CUNNINOHAM:

HJl. 2002. A bUl to amend the Postal Field
Service Compensation Act of 1966 with re-
spect to the ixisitlon descriptions and salary
levels ot mall handlers, and for oiher pur-
poses; to the Committee on Post Office and
Civil Service.

By Mr. CURTIS of Missouri:

HR. 2003. A blU to provide a program ot
tax adjustment for small business and for
persons engaged in smon business; to the
Committee on Ways and Means.
By Mr. DOMINICK:

H.R. 2004. A bill to extend the provisions
of the Sugar Act of 1948, as amended; to the
Committee on Agriculture.
By Mr. DULSKI:

H.R. 2005. A bill to provide a 1-year period
during which certain veterans may be
granted national service life Insxutmoe: to
the Committee on Veterans' Affairs.
By Mr. FARBSTEIN:

HJl. 2006. A bUl to amend the V3. Hoxis-
ing Act of 1937, as amended, with respect
to the definition of the term -low-rent
housing"; to the Committee on Banking and
Currency.

By Mr. FINO:

HJl. 2007. A bin to provide for Federal lot-
teries to raise funds to provide for a reduc-
tion In the national debt and a reduction In
the Federal Individual Income taxes; to the
Committee on Ways and Means.

By Mr. FULTON:

H.R.200e. A bUl to establish a National
Wilderness Preservation System for the per-
manent good of the whole people, and for
other purposes; to the Committee on Interior
and Insular Affairs.

H.R. 2009. A bUl to amend the Railroad
Retirement Act of 1937 to provide that bene-
fits payable under such act or the Railroad
Retirement Act of 1935 shall not be con-
sidered as Income In determining eligibility
of Individuals for benefits from the Veterans'
Administration; to the Committee on Inter-
state and Foreign Commerce.
ByMr.OATHINGS:

HJl. 2010. A bin to amend title V of the
Agricultural Act of 1949, as amended, and
for other purposes; to the Committee on
Agricultiu-e.

HJl. 2011. A bin to amend Public Law 85-
278; to the Committee on Agriculture.

HJl. 2012. A bin to amend the Agricultural
Act of 1949 to provide for the Increased tise
of mUled or enriched rice by the Armed
Forces, Federal penal and correctional Insti-
tutions, and In certain federally operated
hospitals, and for other purposes; to the
Committee on Agriculture.

By Mr. OREEN of Pennsylvania:

HJl. 2013. A bUl to amend section 701 of
the Housing Act of 1954 (relating to urban
planning grants), and title n of the Hous-
ing Amendments of 1955 (relating to pubUc
facility loans), to assist State and local
governments and their public Instnimentall-
tles In Improving mass transportation serv-
ices in metrofwlltan areas; to the Committee
on Banking and Currency.

HJl. 2014. A bUl to eEtablish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremployment In certain economlcaUy de-
pressed areas; to the Committee on Banking
and Currency.

HJl. 3015. A bin to unend the Classifica-
tion Act of 1949, as amended, to provide a
formula for guaranteeing a minimum In-
crease when an employee Is promoted from
one grade to another; to the Committee on
Post Office and Civil Service.

H.R. 2016. A bin to provide that States and
political subdivisions which operate liqtior
stores Shan not be required to pay more
than one tax as a retail dealer In Uqucn-; to
the Committee on Ways and Means.

HJl. 2017. A bin relating to withholding,
for purpoees of the income tax jnposed by
certain cities, on the oompensatlon of Fed-
eral employees; to the Committee on Ways
and Means.

HJl. 2018. A bUl to amend title H of the
Social Security Act so as to remove the limi-
tation upon the amount of outside income
which may be received by an Individual
while receiving benefits thereunder; to the
Committee on Ways and Means.

H.R. 2019. A bill to Increase from $800 to
$800 the personal Income tax exemptions of
a taxpayer (Including the exemption for a
spouse, the exemption for a dependent, and
the additional exemption for old age or
blindness); to the Committee on Ways and
Means.

By Mr. HALEY:

H.R. 2020. A bin to fix midnight as the
effective time of discharges from the Armed
Forces prior to January 1, 1957, for the piir-
poees of title 38, United States Code; to the
committee on Veterans' Affairs.
ByMr.HALPERN:

HJl. 2031. A bin making unlawful the re-
quirement for the payment of a poU tax as
a prerequisite to voting In a primary or other
election for national officers; to the Commit-
tee on House Administration.

H.R. 2022. A bUl to prohibit discrimination
In employment becaxise of race, religion,
color, national origin, or ancestry; to the
Committee on Education and Labor.

HJt. 3028. A bill to amend part m of the
Civil Rights Act of 1957; to the Committee
on the Judiciary.

H.R. 2034. A bin to make the ClvU Bights
Commission a permanent agency; to the
Committee on the Judiciary.

H.R. 2025. A biU to establish a Commission
on Equal Job Opportunity Under Govern-
ment Contracts; to the Conunlttee on the
Judiciary.

HJl. 2026. A bin for the better assurance
of the protection of citizens of the United
States and other persons within the several
States from mob violence and lynching, and
for other purpoees; to the Conunlttee on the
Judiciary.

HJl. 2027. A 1)01 to provide a program of
technical and financial assistance to com-
munities to help effectuate desegregation of
schools; to the Committee on Education
and Labor.

H.R. 3028. A bin to create a commtmlty re-
lations service; to the Committee on the
Judiciary.

By Mr. HEMPHILL:

HJl. 3029. A bin to relmbtiree producers of
crotalarla seed in certain areas for losses stis-
tained by them on their 1959 crop; to the
Committee on Agriculture.
ByMr. HERLONO:

H.R. 2030. A bill to amend the Internal
Revenue Code of 1954 so as to provide for
scheduled personal and corporate Income tax
reductions, and for other piuposes; to the
Committee on Ways and Means.
By Mr. BAKER:

HJl. 2031. A^ bUl to amend the Internal
Revenue Code of 1954 so as to provide tor
scheduled personal and corporate Income
tax reductions, and for other purposes; to
the Committee on Ways and Means.
By Mr. HIESTAND:

HJl. 2032. A bin to amend title 13 of the
United States Code to provide for the col-
lection and pubUcation of foreign commerce
and trade statistics and for other purpoees;
to the Committee on Post Office and Civil
Service.

By Mr. HOFFMAN of Illinois:

HJl. 2033. A bill vesting in the American
Battle Monuments Conunlssion the care and
maintenance of the original Iwo Jima Memo-
rial on Moiuit Surabachl, Iwo Jima Volcanic
Islands, Pacific Ocean area; to the Commit-
tee on Foreign Affairs.
By Mr. INOUYE:

HJl. 2034. A bUl to authorize each Mem-
ber of the House of Representatives to em-
ploy an administrative assistant: to the
Conunlttee on House Administration.

HJl. 2035. A bill making appropriations to
carry out the Center for Cultural and Tech-
nical Interchange Between East and West
Act of 1960, for the year ending June 30.
1962; to the Committee on Appropriations.

HJl. 2036. A bill making appropriations for
land-grant-coUege aid to the State of HawaU
as authorized by the HawaU Omnibus Act;
to the Committee on Appropriations.
By Mr. KARTH:

H.R. 2037. A bill to amend the Postal Field
Service Compensation Act of 1956, as
amended, with respect to position descrip-
tions, salary, and for otho- purposes; to the
Committee on Post Office and ClvU Service.

HJl. 2038. A bin to amend section 1(14)
(a) of the Interstate Commerce Act to Insure
the adequacy of the national railroad freight
car supply, and for other purpoees: to the
Committee on Interstate and Foreign Com-
merce.

By Mr. KING of Utah:

H.B.2039. A bin to authorize the Secre-
tary of the Interior to construct, operate,
and maintain the Dixie project. Utah, and
for other purpoees; to the Committee on In-
terior and Insvilar Affairs.
By Mr. LIBONATI:

HJl. 3040. A blU to amend the Bankrt^^tcy
Act to pwAlblt the discharge oi debts and

308

CONGRESSIONAL RECORD — HOUSE

Jantiary 6

1961

u 1

obligations of which moral turpltxide la the
gUt of the action: to the Committee on the
Judiciary.

HJt. 2041. A bill to amend section 46, title
18. United Statea Code, with respect to trans-
portation of water-hyacinths and seeds; to
the Committee on the Judiciary.
By Mr.LINDeAY:

HJt. 2043. A bill to establish the Depart-
ment of Urban Affairs and prescribe Its func-
tions; to the Committee on Qovernment
Operations.

Hlt.2043. A bill to amend the Internal
Revenue Co<le of 19B4 to prt>vide that the
tax on admissions shall not apply to admis-
sions to any live dramatic (Including musi-
cal) performance; to the Committee on Ways
and Means.

By Mr. McCORMACK:

HH. 2044. A bUl to amend paragraph 1102
of the Tariff Act of 1930, as amended, with
respect to the duties on hair of the Cashmere
goat; to the Committee on Ways and Means.

HJl. 2046. A bill to amend section 498(a)
(1) of the Tariff Act of 1930 so as to increase
from $250 to $1,000 tne valuation flgxire with
respect to Informal entries of imported mer-
chandise; to the Committee on Ways and
Means.

By Mr. MASON:

H.R. 2046. A bill to amend the Tariff Act
of 1930 and for other purposes; to the Com-
mittee on Ways and Means.
By Mr. MATHIAS:

HIl.2047. A bill to establish the Chesa-
peake and Ohio Canal National Historical
Park and to provide for the administration
and maintenance of a parkway. In the State
of Maryland, and for other purposes; to the
Conomlttee on Interior and Insular Affairs.
By Mr. CLEM MTTJ.KR:

HH. 2048. A bill to estabUsh a Federal
Recreation Service In the Department of
Health, Education, and Welfare, and for
other purposes; to the Committee on Educa-
tion and Labor.

By Mr. GEORGE P. MILLER:

HJR. 2049. A bill to provide that the Na-
tional Bureau of Standards shall conduct a
program of Investigation, research, and sur-
vey to determine the practicability of the
adoption by the United States of the metric
system of weights and measures; to the
Committee on Science and Astronautics.
By Mr. MOORE:

Hit. 2050. A bin to amend the Federal Coal

Mine Safety Act so as to provide further for

the prevention of accidents In coal mines;

to the Committee on Education and Labor.

By Mr. MOORHBAD of Pennsylvania:

HJt. 3061. A bin to amend title IV of the
Housing Act of 1950 (college housing) to
authorise loans to educational institutions
for the construction, rehabilitation, altera-
tion, conversion, and improvement of class-
room buildings and other academic facili-
ties; to the Committee on Banking and Cur-
rency.

Bylir. MOSS:

HJt. 2062. A bill to amend the act of Sep-
tember 21, 1959, to authorize conveyance of
certain real property of the United States
to the county of Sacramento, Calif.; to the
Committee on Armed Services.

HJt. 2068. A blU to provide that the Chan-
nel Islands off the coast of southern Cali-
fornia shall be referred to as the Juan
Rodrlgues Cabrlllo Islands; to the CcHXunittee
on Interior and Insular Affairs.
By Mr. NORBLAD:

HJt. 2054. A blU to esUbllsh a Federal
regional water pollution control research
laboratory In the Paolflo Northwest, and for
other purposes; to the Committee on Inter-
state and Foreign Oommeroe.
By Mr. OSIVRTAO:

HJt. 2066. A bin to amend the National
Defense Education Act of 1958 to provide
that payments mad* under title nz of that

act may not be used to acquire equipment
manufactured In the Union of Soviet So-
cialist Republics; to the Committee on Idu-
catlon and Labor.

By Mr. PELLT:
HJt. 2066. A blU to provide that the Sec-
retary of the Interior shall Investigate and
report to the Congress on the advisability
of establishing a national park or other unit
of the national park system In the central
and north Cascades region of the State of
Washington, and for other purposes; to the
Conunltteo on Interior and Insular Affairs.

By Mr. PRICE:
H.R. 2067. A bill to provide for the seciu'-
Ing of custody and disposition by the United
States of missiles, rockets, earth satellites,
and similiur devices adaptable to military
uses, and for other purposes; to the Com-
mittee on Science and Astronautics.

By Mr. QUIE:
H.R. 2068. A bill to permanently extend
the Armecl Forces and veterans dairy pro-
grams and the special milk program for chil-
dren and to amend the Agricultural Market-
ing Agreement Act of 1937. as amended; to
the Committee on Agrlcultxire.

By Mr. NIELSEN:
H.R. 2069. A bill to permanently extend
the Arme<t Forces and veterans dairy pro-
grams and the special milk program for chil-
dren and to amend the Agricultural Market-
ing Agreement Act of 1937. as amended; to
the Committee on Agriculture.

By Mr. LANGEN:
H.R. 2060. A bill to permanently extend the
Armed Forces and veterans dairy programs
and the special milk program for children
and to amend the Agricultural Marketing
Agreement Act of 1937, as amended: to the
Conunitteo on Agrlcultiure.

By Mr. LAIRD:
HJt. 3061. A bill to permanently extend
the Armed Forces and veterans dairy pro-
grams and the special milk program for chil-
dren and to amend the Agricultural Market-
ing Agreement Act ot 1937. as amended; to
the Committee on Agriculture.

By Mr. KTL:
HJl. 3062. A bill to permanently extend the
Armed Forces and veterans dairy programs
and the c^peclal milk program for children
and to amend the Agricultiu-al Marketing
Agreement Act of 1937. as amended; to the
Conunlttee on Agriculture.

By Mr. RAY:
HJt. 2063. A bUl to amend Utle n of the
Social Security Act so as to provide that de-
ductions on account of earnings shall not be
made in the case of beneficiaries who have
attained retirement age; to the Committee
on Ways and Means.

H.R. 2064. A bill to amend the Employment
Act of 1946 to emphasize the policy of pro-
moting employment under stable prices; to
the Committee on Government Operations.

By Ul. ROBERTS:
HJt. 2065. A bill to provide for the estab-
lishment of Fort Touloiise as a national his-
toric site; to the Committee on Interior and
Insular Affairs.

By Mr. SHELLET:
H.R. 2066. A bin to amend section 301(c)
of the Legislative Reorganization Act of 1946
to authorize the employment of administra-
tive assistants by Members of the House of
Representatives; to the Committee on House
Administration.

H.R. 2067. A bin to amend the Fair Labor
Standards Act of 1938 so as to increase from
$1 to 11.50 the minimum hourly wage pre-
scribed by section 6(a) (1) of that act; to the
Commltte on Education and Labor.

H.R. 3068. A bill to amend section 14(b)
of the National Labor Relations Act so as to
protect the rights of employees and em-
ployers. In Indiistrles affecting commerce, to
enter Into union shop agreements; to the
Ck>mmlttee on Education and Labor.

HJt. 3069. A bni to provide that the un-
married children of certain former members

of the Armed Forces of the United States
or of the Philippine Scouts may be admitted
to the United States as nonquota Immi-
grants, during a 3-year period, without re-
gard to their age; to the Conunlttee on the
Judiciary.

By Mr. SHZPPARD:
HJt. 3070. A bUl to provide retirement
benefits for firefighters employed by the
Federal Government: to the Committee on
Post Office and ClvU Service.

By Mr. SLACK:
HJl. 3071. A bUl' to amend the Federal
Coal Mine Safety A'j| so as to provide further
for the prevention of accidents In coal
mines; to the Committee on Education and
Labor.

By Mr. 8TRATTON:
H.R. 3072. A bUl to amend section 303(b)
of the Mutual Security Act of 1964 so as to
require that dollar funds made available to
foreign countries by the Development Loan
Fund for the ptvehase of materials or sup-
plies shall be utUlaed for the purchase of
materials or supplies produced in areas of
substantial and persistent unemployment
in the United States; to the Committee on
Foreign Affairs.

HJl. 3073. A bUl to amend tlUe in of the
act of March 3. 1038, commonly referred to
as the Buy American Act, with respect to
determining when the cost of certain arti-
cles, materials, or supplies Is unreasonable,
and for other purposes; to the Committee
on Public Works.

By Mr. STUBBLEFIELD:
HJl. 3074. A bin to esUbllsh a commission
to study the adequacy of compensation for
real property acquired by the United States;
to the Committee on Public Works.

By Mr. T0LLKF80N:
HJl. 3075. A bUl to provide that the Smt*-
tary of the Army shaU purchase certain oU
paintings of Nez PercA Indian leaders for
display at the site of the Chief Joseph Dam
in the State of Washington; to the Commit-
tee on Public Works.

H.R. 3076. A bill to amend section 6 of the
act of August 24, 1913, as amended, with re-
spect to the recognition of organizations of
postal and Federal employees; to the Com-
mittee on Post Offloe and ClvU Sendee.

By Mr. UTT:
HJt. 2077. A bill to amend the Internal
Revenue Code of 1954 to allow a deduction
from the gross estate for the value of prop-
erty passing to children; to the Coounltte*
on Ways and Means.

By Mr. VAN ZANDT:
H.R. 2078. A bill to provide for the In-
crease, modernization, and stockpiling of
railroad equipment In order to meet the
needs of the commerce of the United States,
of the postal service, and of the national
defense; to create and establish a public
agency with powers to carry out the provi-
sions of this act; and for other ptxrposes; to
the Committee on Ways and Means.

By Mr. WALLHAUSER:
HJl. 2079. A bill to amend the Classifica-
tion Act of 1949 to authorize the esUbllsh-
ment of hazardoiu duty pay In certain
cases; to the Committee on Post OOlce and
Civil Service.

HJt. 2080. A bUl to protect the right of the
blind to self-expression through organiza-
tions of the blind; to the Committee on
Education and Labor.

H.R. 2081. A bin to extend coverage under
the Federal old-age, survivors, and dlsabinty
Insiu-ance system to self-employed physi-
cians; to the Committee on Ways and
Means.

H.R. 2082 A bin to amend section SIS of
the Veterans' Benefits Act of 1987, to extend
the presumptive period with respect to serv-
ice connection of multiple sclerosis for an
additional 4 years; to the Committee on
Veterans' Affairs.

CONGRESSIONAL RECORD — HOUSE

309

HJl. 9068. A blU to amend title 10, United
SUtes Code, to esUbllsh the UJB. MlllUry
Academy of Medicine; to the Committee on

Armed Services.

By Mr. WI0KXR3HAM:

H.R. 2064. A bUl to authorize the Secretary
of the Interior to construct, operate, and
maintain the Waurikii reclamation project.
Oklahoma: to the Committee on Interior
and Insular Affairs.

H.R. 2085. A bill to authorize the construc-
tion, operation, aud maintenance of the
Canton project, Oklahoma, by the Secretary
of the Interior; to the Committee on Interior
and Insular Affairs.

By Mr. McOCXlM ACK :

H J. Res. 107. Joint resolution exempting
from Federal excise tax admissions to official
inaugural functions and sales of official in-
augural medallions authorized by the In-
augiu-al Committee; to the Committee on
Ways and Means.

ByMr HALLSCK:

H.J. Res. 108. Joint resolution exempting
from Federal excise tax admissions to offlcial
inaugtunl functions aiid salee of oflkstal in-
augural medallions attthorlzed by the In-
augural Conunlttee; to the Committee on
Ways and Means.

By Mr. MARTIN r3f MaasachusetU:

HJ. Res. 109. Joint resolution designating
the i7th day of December in each year as
"Wright Brothers Day"; to the Committee on
the Judiciary.

By Mr. BRAT:

H. Con. Res. 41. Concurrent resolution to
creaU a Joint Committee on a National Fuels
Study; to the Committee on Rules.
By Mr. JAMBS C. DAVIS:

H. Con. Res. 42. Concurrent resolution de-
claring the sense of the Congress that no
further reductions in i4trlffs be made during
the life of the prest^nt Reciprocal Trade
Agreements Act: to the Committee on Ways
and Means.

H. Con. Res. 43. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to a program for paying the national
debt: to the Committee on Ways and Means.
By Mr. FULTON;

H. Con. Res. 44. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to the adoption in the United States
of the metric system of weights and meas-
ures: to the Conunlttee on Science and Astro-
nautics.

ByMr. HBCHLBfl:

H. Con. Res. 46. Concurrent resolution pro-
viding for the development through the
United Nations of international cooperation
In educational programs; to the Committee
on Foreign Affairs.

By Mr. HOLLAND:

H. Con. Res. 46. Concurrent resolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Rules.

By Mr. MOORHEAD of Pennsylvania:

H. Con. Res. 47. Concurrent resolution to
creaU a Joint Committee on a National Fuels
Study; to the Committee on Rules.
By Mrs. ST. GEORGE:

H. Con. Bee. 48. Concurrent resolution re-
questing the President to coll for a study by
the United Nations to determine whether it
would assist the deliberations of that txxly If
its headquarters were located in a neutral
nation: to the Committee on Foreign Affairs.
ByMr. SILER:

H. Con. Res. 49. Concurrent resolution to
create a Joint Committee on a National Fuels
Study; to the Committee on Rules.

By Mr. UTT:
* H. Con. Bee. 50. Concurrent resolution ex-
pressing the sense of Congress that the
United SUtes should not grant further tariff
reductions in the forriicomlng Urlff nego-
tiations under the prtwlsions of the Trade
Agieements BxUnsion Act of 1958, and for
otlier purposes; to the Conunlttee on Ways
and Means.

By Mr. WALTER:

H. Con. Res. 51. Concurrent resolution to
print as a House dociunent the publication
"Facts on Communism — ^Volume n. The
Soviet Union, From Lenin to Khrushchev,"
and to provide for the printing of additional
copies: to the Committee on House Admin-
istration.

ByMr. ADDABBO:

H. Res. 84. Resolution creating a select
committee to conduct an investigation and
study of the powers and functions of agen-
cies ever the operation of aircraft; to the
Committee on Rules.

By Mr. BROOKS of Louisiana:

H. Res. 86. Resolution to provide funds for
the expenses of the studies. Investigations.
and inquiries authorized by House Resolu-
tion 55; to the Committee on House Admin-
istration.

By Mr.COOLET:

H. Res. 86. Resolution authorizing the
Committee on Agriculture to conduct studies
and Investigations; to the Conunlttee on
Rules.

By Mr. FARBSTKIN:

H. Res. 87. Resolution expressing the sense
of the House with respect to the need foe
rapid and complete atomic disarmament; to
the Committee on Foreign Affairs.
By Mr. JUDD:

H. Res. 88. Resolution providing that the
office building presently being constructed
for Members of the House of RepresenUtlves
shaU be named the "Rayburn House Office
BuUdlng"; to the Committee on Public
Works.

By Mr. STRATTON:

H. Res. 80. Resolution expressing the sense
of the House of Representatives that the
pec^le of all Ireland should have an oppor-
txuilty to express their will for union by an
election under the auspices of a United Na-
tions Conunlsslon; to the Committee on For-
eign Affairs.

MEMORIALS

Under clause 4 of rule XXn,

The SPEAKER presented a memorial of
the Legislature of the SUte of Pennsylvania,
memorializing the President and the Con-
gress of the United SUtes relative to re-
questing passage of a Federal area redevelop-
ment act to help the Nation's surplus labor
areu rebuild their economies, and that the
proposed act conUln sufficient authoriza-
tions for loans; which was referred to the
Committee on Bankmg and Currency.

PRIVATE BILLS AND RESOLUTIONS

Under clause 1 of rule XXn, private
bills and resolutions were introduced and
severally referred as follows:

ByMr. ANFUSO:
H.R. 2086. A bUl for the relief of Karl H.
Spero; to the Oonmiittee on the Judiciary.

HJl. 2087. A bni for the relief of Maria
Swlatek; to the Committee on the Judiciary.
ByMr. BARING:
HJl. 2088. A bin for the relief of Orlando
Gonfiantinl; to the Committee on the Judi-
ciary.

By Mr. BUCKLEY:
H.R. 3089. A bin for the relief of Santlna
Ferrara; to the Committee on the Judiciary.
ByMr.COAD:
H.R. 3090. A bill for the relief of Mr. and
Mrs. Christian Voss; to the Conunlttee on
the Judiciary.

By Mr. CONTB:

H.R. 2001. A bin for the relief of Omo

Forato; to the Committee on the Judiciary.

MR. 2092. A bin for the relief of Wlady-

slawa Golas Romankiewicz; to the Committee

on the Judiciary.

H.R. 3008. A blU for the relief of Janina
Koscltuka; to tba OominlttM on the Judi-
ciary.

Hit. 2094. A bill for the relief of Antonio
Pellegrini; to the Committee oa the Judici-
ary.

By Mr. DANIELS:

H.R. 2095. A bUl for the relief of John
Wrocenskl; to the Conunlttee on the Judici-
ary.

HJl. 2096. A bill for the reUef of Eva, Al-
bertina, and RiU Carrino; to the C<»nmlt-
tee on the Judiciary.

H.R. 2097. A bill for the reUef of MargarlU
Jericevlc; to the Committee on the Judiciary.

H.R.2098. A bUl for the relief of Jure
R\iscic: to the Conunlttee on the Judlclarv.

HJl. 2099. A bill for the relief of lona
Lembesis (nee Rozanltou) ; to the C<Hnmlttee
on the Judiciary.

H.R. 2100. A bin for the relief of Ursula
Kruthoff ; to the Committee on the Judiciary.

HR.2101. A bin for the relief of Evelina
Scarpa; to the Conunlttee on the Judiciary.

HJt. 2102. A bUl for the relief of Mrs. Olga
Gadecki and her two minor children, Wanda
and SUnlslaw Gadecki; to the Committee on
the Judiciary.

HJt. 2103. A bin for the reUef of Antonio
C. Ysrael: to the Committee on the Judiciary.

H.R.2104. A bni for the reUef of EUo R.
Anelll; to the Committee on the Judiciary.

H.R. 2105. A bin for the relief of Mrs. Eliz-
abeth Erny: to the Committee on the Ju-
diciary.

H.R. 2106. A bin for the reUef of Carmine
Spedallere; to the Committee on the Judici-
ary.

HJl. 2107. A bin for the relief of Pletro Dl-
Gregorlo Bruno; to the Conunlttee on the
Judiciary.

By Mr. JOHN W. DAVIS:

HJl. 2108. A bUl tot the reUef of Lucia
Lena Lee; to the Committee on the Judiciary.
By Mr. FARBSTEIN:

H.R. 2100. A bin for the relief of MarU
ManeUi; to the Committee on the Judiciary.
By Mr. FINO:

HJl. 2110. A bUl for the relief of Angela
Calajo; to the Committee on the Judiciary.

HJl. 2111. A bin for the reUef of Benjamin
Schoenfeld; to the Committee on the Judi-
ciary.

ByMr. FOG ARTY:

H.R. 2112. A bill for the relief of George
Koorie; to the Committee on the Judiciary.
By Mr. FULTON:

H.R. 2113. A bUl for the reUef of Katherlne
May Purves; to the Committee on the Judi-
ciary.

By Mr. GAVIN:

H.R. 2114. A bin for the relief of Helga B.
Schamt>erg Kemwy; to the Committee on
the Judiciary.

By Mrs. GRANAHAN:

H.R. 2115. A bni for the relief of Dr.
Josephine L. Go and Dr. WeUes P. Go; to the
Conunlttee on the Judiciary.

By Mr. GREEN of Pennsylvania:

H.R. 2116. A bin for the relief of Wanda
Ferrara Spera; to the Conunlttee on the

Judiciary.

By Mr. INOUYE:

H.R. 2117. A bill for the reUef of Tokutaro
Goml and Fusae Goml; to the Committee
on the Judiciary.

HJl. 2118. A bUl for the reUef of Mrs. Akl
Mato; to the Conunlttee on the Judiciary.

F..R.2119. A bin for the reUef of Juanito
Seglsmundo; to the Conunlttee on the Judi-
ciary.

HJl. 2120. A bin for the reUef of Mrs.
Mine Blitagawa; to the Committee on the

Judiciary-

H.B.2121. A biU for the relief of Juan
Pascual; to the Committee on the Judiciary.

HJl. 2122. A bUl for the relief of Kyoeo
Tanimoto; to the Committee on the Judi-
ciary.

310

CONGRESSIONAL RECCWEID — HOUSE

January f^

1961

CONGRESSIONAL RECORD — HOUSE

31t

HJt. 3123. A bUI for tbe reUef of Un. Tom
Poo Sbac; to Um Conunltta* on tba Judi-
ciary.

HJELai24. A bill for the rtllef of Utano-
sulM TuJUblro; to thm C!oininltt«« on th«
Judiciary.

H Jl. ai^S. A bUl for tb« relief of Soon Tal
Um: to tbe Committee on the Judldarf.

H.R. 2ia6. A blU for the reUef of Mre.
Toehlko Dceda; to the Committee on the
Judiciary.

HJt.ai37. A blU for the reUef of Maria
Rubl LupUan Anlt; to the Committee on
the Judiciary.

H Jl. 3128. A blU for the reUef of FeUddad
Caletena; to the Committee on the Judiciary.
By Mr. JOHNSON of Maryland:

HH. 3139. A bill for the relief of John Cal-
vin Taylor; to the Committee on the Judi-
ciary.

HJt. 3130. A blU for the relief of O. Blmer
Brown; to the Committee on the Judiciary.
ByMr. KEOOH:

HJt.3181. A bUl for the reUef of Carmen
Armbrueter Trlantaflllou; to the Committee
on the Judiciary.

By Mr. UBONATI:

HJt. 2133. A blU for the reUef of Katherlne
Au-Toung Lam; to the Committee on the
Judiciary.

By Mr. MTTJiKR of New York:

HA. 3133. A bill for the relief of Mlse
Varsen Emcylan; to the Committee on the
Judiciary.

ByMr. MOSS:

HJl. 3134. A blU for the relief of Consola-
clon M. Bapa; to the Committee on the Judi-
ciary.

HJl.2138. A bUl for the reUef of WUllam
K. Caasell; to the Committee on the Judi-
ciary.

H.B. 3136. A bUl for the reUef of Hajlme
Mlsaka; to the Committee on the Judiciary.

HJl. 2137. A bin for the relief of Rocco
Oulseppe Layagnlno and Caterlna ClrelU
Lavagnino; to the Committee on the Judi-
ciary.

HJt. 3IS8. A bill for the relief of Raymond
G. Oreenh&igh; to the Committee on the
Judiciary.

HJt. 31S9. A bill for the reUef of SuraJ
XMn; to the Committee on the Judiciary.
ByMr. UND8AT:

H.R. 3140. A bill for the relief of Pola
Peela ScheldenflBch; to the Committee on the
Judiciary.

By Mr. MOeS:

H.R. 2141. A blU for the reUef of Henry Wu
Ch\in and Arlene Wu Chun; to the Commit-
tee on the Judiciary.

HJt. 3143. A bill for the relief of Joglnder
Singh Balna; to the Committee on the Judi-
ciary.

HJL 3148. A blU for the reUef of Capt. Ar-
nold M. Anderson; to the Committee on the
Judiciary.

H.R.2144. A biU for the relief of Graham
Wong; to the Committee on the Judiciary.

H.R. 2145. A blU for the relief of Joglnder
Singh Toor; to the Committee on the Judi-
ciary.

H.R. 3140. A bill for the relief of Mrs. Bar-
bara J. Rhodes; to the Committee on the
Judiciary.

By Mr. liOULDBB:
HJt. 3147. A bill for the reUef ot Kenneth
Stultz; to the Committee on the Judiciary.
By Mr. NORBLAD:
HJt. 3148. A bill for the relief of Wong Bak .
Ten; to the Committee on the Judiciary.

By Mr. CBRIKN of nilnols:
- H.R. 3149. A biU for the relief of Mrs. Fan-
nie A. Dabllaa; to the Committee on the Judl-
etery.

By Mr. PBLLT:
ftS,. ^50. A btU for the relief of Sha Ptong
8hao; to the Committee on the Judiciary.

BJl. 2161. A bill for the relief of Sho Kwon
Shin (alao known aa Cheng Ah Mao); to the
Coounlttee on the Judiciary.

HJt. 3153. A bill for the relief of Mrs. Fran-
clsca Hartoum; to the Conunlttee on the
Judiciary.

HJl. 2153. A bUl for the raUef of Andrew
Pureez; U> the Committee on the Judiciary.

HJL 3154. A bill for the relief of Michel
Leon Partayan aka Bartayan; to the Com-
mittee on the Judiciary.

HJl. 3155. A bill for the relief of Reoko
Kawaguchl Moore; to the Committee on the
Judiciary.

H.R. 3150. A bill for the raUef of Mrs. Tul
Hlng Tow Woo; to the Committee on the
Judiciary.

H.R.3157. A bill for the relief of Tatlana
Serailmcivna Erohlna; to the Committee on
the Judiciary.

Bv Mr. RAT:

HJL 3 158. A bUl for the relief of SUter
Marie Bornard (Miss Nlcollna Ossa); to the
Committee on the Judiciary.

HR. 2159. A bill for the relief of Sister
Bucharifi (Miss Phliomena lannucol); to the
Committee on the Judiciary.

HJl. 2160. A bill for the relief of Sister
Alphonsus Marie (Miss Mary Grace Pado-
vano): to the Committee on the Judiciary.

HJl. 3161. A bill for the relief of SUter
Mary Dulcls (Miu Mary Teresa Dl lola); to
the Committee on the Judiciary.

HJl. 3102. A bUl for the relief of Giovanni
Budano: to the Committee on the Judiciary.

HJl. 3163. A bill for the relief of Michael
Fodale; to the Committee on the Judiciary.

H.B. 2104. A bUl for the reUef of Glovanna
Massagll; to the Committee on the Judiciary.

H.R. 3165. A bill for the relief of Marie F.
Balish; to the Committee on the Judiciary.

HJl. 3160. A bUl for the reUef of Smllla.
Guido, and Carlo Borsl; to the Conunlttee on
the Judiciary.

HJt. 3167. A bill for the relief ot Luglno
Valore; to the Committee on the Judiciary.

HJt. 2168. A bill for the relief of Rlcardo
V. DeLos Reyes; to the Committee on the
Judiciary.

HR. 2169. A bin for the relief of Caridad
P. Buncab; to the Committee on the Judi-
ciary.

HJt. 3170. A bUI for the relief of Dr. Tl
Mou Liu; to the Committee on the Judiciary.
By Mr. ROBERTS:

HR. 2171. A bin for the relief of Alden Jo
Daniel; to the Committee on the Judiciary.
ByMr R08TENK0WSKI:

HJt. 3173. A bUl for the relief of Tam Jam
Tick; to the Committee on the Judiciary.

H R. 3173. A Mil for the reUef of Mrs.
Blanka KrlckoTlc Mladenovlch; to the Com-
mittee on the Judiciary.

By Mr. SANTANOELO:

HJt. 3174. A bin for the reUef of Ho Chlng
Chen: to the Conunlttee on the Judiciary.

HJt. 3178. A bUl for the reUef of Mrs. Car-
mela Dovl; to the Committee on the Judi-
ciary.

HJl. 3176. A bin for the relief of Mr. and
Mrs. Salvatore Mortelllti and son, Antonio
Mortellltl; to the Committee on the Judi-
ciary.

H.R. 3177. A bUl for the reUef of Mr. and
idn. Dezso Simon; to the Committee on the
Judiciary.

By Mr. SCHAOEBSRG:

H.R. 2178. A bUI for the reUef of MarU Bak
VellckOTlc; to the Committee on the Judi-
ciary.

By Mr. SCHENCK:

H.R. 2179. A bill for the relief of Essie V.
Johnson; to the Committee on the Judiciary.

HJt. 2180. A bill for the relief of Eugene C.
Barter; to the Committee on the Judiciary.
By Mr. SCHWSIKER:

Hit. 3181. A bUI for the relief of Kim Dom
Tong; to the Committee on the Judiciary.
By Mr. SHELLET:

HJl. 2182. A bin for the relief of Necaslo
Agustln, Artemlo Agustln. and Gloria Agus-
tln; to the Committee on the Judiciary.

H.R. 3183. A bill conferring Jurisdiction
upon the Court of Claims to hear, determine,

and render Judgment upon the claims of
the heirs, of Oen. John C. Fr4mont. the oUy
of San Francisco, and all other persons
against the United States arising out of the
seizure of certain real property by the XJS.
Government in 1803; to the Committee on the
Judiciary.

By Mr. SHEPPARD:

HJl. 3184. A bill to authorlae the reoon-
Teyance to the former owner thereof of cer-
tain property at Chell Air Force Depot, Los
Angeles Cotinty. Calif., when such property
Is declared surplus to the needs of the United
States; to the Committee on OoTemment
Operations.

By Mr. UTT:

HJl. 3185. A bill for the relief of Andrlja
Artukovlc; to the Committee on the Judi-
ciary.

H.R.3180. A blU for the relief ot Serafla
■■trada-Sema; to the Committee on the
Judiciary.

HR. 2187. A bin for the relief of Auguetla
Ramlrez-Trejo; to the Oommlttaa on the
Judiciary.

HJt. 3188. A bUl for the relief ot Lt. Mai-
thew A. Wojdak. UJ3. Navy (retired): to the
Committee on the Judiciary.

H.B. 3180. A bUl f or the rtiUt ot Geraitfo
Wenceslao Alaves Garcia; to the Committee
on the Judiciary.

BJl. 3190. A blU for the relief of Antomla
Dovolou; to the Committee on the Judiciary.

HR 3191. A bill for the reUaf ot Pablo
Santana Castellon; to the CommlttM on tt»
Judiciary.

HA. 3199. A blU tor the relief at Josafat
Magoe Gonzales; to the Committee on the
Judiciary.

HJl. 3193. A bin for the reUef ot Tran-
quillno Rodriguez Cervantes; to the Commit-
tee on the Judiciary.

HA. 3194. A bUl for the relief ot Joee Abra-
ham Uzarde-AgiUlera; to the Committee on
the Judiciary.

H R. 3195. A blU to authorize the Secretary
of the Interior to convey land to the Dlooeae
of San Diego Education and Welfare Corp.;
to the Committee on Interior and Insular
Affairs.

HR. 3196. A bill to attthorlae the appolat-
ment of Sidney F. Mashblr, colonel. Army at
the United States, to the permanent grade of
colonel In the Regular Army, on the retired
list; to the Conunlttee on Armed Services.

HA. 2107. A bill to provide for the oon-
veysuce of aU right, title, and Intereet of the
United States which was reeerved or other-
wise retained in certain lands heretofore
conveyed to Orange Coast Jiinlor College Dls-
Uict. Costa Mesa. OaUf.; to the Committee
on Government Operations.

HA. 3198. A blU for the reUsT of Carlos
Sepulveda Abarea. Rosarlo Perea Sepulvada,
Carlos Perez Sepxiiveda. Jorge Pares Sepul-
veda, and Antonio Perez Sepulveda; to the
Committee on the Judiciary.
ByMrs. WXSB:

HJL 3199. A blU for the rrtlaf of Samvel
Lipsih; to the Committee on the Judiciary.

REGULATION OP LOBBYING ACT

PETITIONS, ETC.

Under clauM 1 of rule XXn, petitions
and papers were laid on the Clerk's desk
and referred as follows :

38. By Mr. CC«XLAN: PeUUon of Robert
and Ruth Sleular and others. Bast Bay Com-
munity Forum for OlvU Liberties, Berkeley,
Calif., requesting the abollabm«nt of the
Bouse Committee on Un-Amerloan Activ-
ities: to the Committee on Rule*.

30. By Mr. HARRISON of VirglnU: PeUtion
Of Lloyd Williams Post No. 41, BerryrlUe. Vs..
supporting the function and work of the
Committee on Un-Amsrleaa Aetlvltlee of the
House of Bepresentatlvas; to the Oommlt-
tee on Rules.

The Clerk of the House of Representa-

under the provisions of this section with the

,. ... __ ... , -- - Clerk of the House of Representatives and ^^

In compliance with PubUc Iaw 601, the Secretary of the Senate shall be complied ^^^^ ^^'^ ^^ Secretary of the Senate
79th Congress, title m, Regulation of by said cierk and Secretary, acting Jointly, jointly submit their report of the corn-
Lobbying Act. section 308(b), which **,^J^ " pracUcabie after the close of the pUaUon required by said law and have
nmvidea as follows* calendar quarter with respect to which such t'""""" ^^^li^eu uy saia law ana nave
** " Information is filed and shall be printed in included all registrations and quarterly
(b) All information required to be filed the Congressional Rbcoio. reports received.

QUARTERLY REPORTS

The following reports for the second calendar quarter of 1960 were received too late to be included in the published reports

for that quarter: *^

A. Active-Retired Lighthouse Service Sm- B. Commissioner of Baseball, 30 Bocke- B. American Institute of Certified PubUc

ployees Association, Post Offlce Box 3169. feUer Plaza. New York, NT. Accountants, 270 Madison Avenue New York.

South Portland, Maine. B. (9) $440.09. N.Y.

D. (6) 8364. B. (9) 8480.83. D. (6) $125. E. (9) $73.18.

A. Arnold, Fortas & Porter, 1339 19th

A. WilUam B. AUen. 917 16th Street NW., Street, Washington, DC. A. George B. Biu-nham, 133 Third Street
Washington, D.C. B. National Retail Merchants Association. SE., Washington, D.C.

B. United Rubber, Cork, Unoletim & Plastic 100 West Slst Street. New York, N.Y. B. Numerous stockholders of the Bumham

D. (6) $10,880. B. (9) $8,019.30. Chemical Co., 133 TUrd Street SE., Wash-
, Ington, D.C.

A. Association oi Stock Exchange Firms, D- (6) 3193. E. (9) $193.

130 Broadway, New Ycwk, N.Y.

E. (9) $6,717.13. A. James A. CampbeU, 900 F Street NW..
Washington. D.C.

A. Frederic A. Baker, 296 Lexington Road, ^- American Federation of Government

A. American Civil Llbertlee Union, Inc., 186 Berkeley, Calif., and 1301 19th Street NW.. Employees, 900 F Street NW.. Washington,

Fifth Avenue, New York. N.Y. Washington, DC. *" "
D. (6) $2,311.74. B (9) $2,311.76. B. Federated Indians Of California.

Workers of America, High at Mill Street, Ak-
ron, Ohio.
D. (6) $3,310.

A. American AutomobUe Association, 1713
G Street NW., Washington, DXi.

DC.

D. (6) $3,365.39. E. (9) $336.53.

A. American Dental AseocUUon, 333 Bast A. Balfour. Guthrie 6c Co., 72 Wall Street,
Superior Street, Chicago. 111. New York, N.Y.

D. (6) $13,776.88 B. (9) $16,776.58. B. (9) $648.80.

A. American Federation of Oovemmcnt a. Joseph H. Ball. 90 Broad Street, New
Employees. Box 865. Benjamin Franklin Sta- York, N.Y.
tion. Washington, D.C. B. American Steamship committee on Con-

B. (9) $300. ference Studies, 307 Barr BiUldlng, Wash- WashlngtiHi, D.C

Ington. D.C.

A. American Gas Association, Inc.. 420

Lexington Avenue, New York, N.Y. A. Jacob I. Bellow. 4338 East-Wezt Hlgh-

way, Bethesda, Md.

A. American Legion, National Headqnar- B. American Federation of Government

ters. 700 North Pennsylvania Street, In- Employees. Lodge No. 13, Box 865, Benjamin

A. Clarence B. Carter, Post Offlce Box 798.
New Haven, Conn.

B. Railroad Pension Conference, Post Offlce
Box 798. New Haven, Conn.

E. (9) $14.

A. WUllam L. Carter, 1106 Barr BxiUdlng,

B. International Association of Ice Cream
Manufacturers.
E. (9) $18.60.

dlauapolls, Ind.
D. (6) $7,199J1. B. (9) $23,465.04.

A. American Optometrtc Aasoclatlon, 8001
Jenkins Arcade. Pittsburgh, Pa.

D. (6) $8,466.50. B (9) $3,763.00.

A. American Steamship Committee on
Conference Studies, 307 Barr Building, Wash-
ington, D.C.

E. (9) $13361.42

Franklin Station, Washington, D.C.

D. (6) $300. B. (9) $40.

A. Carl H. Berglxmd. 1320 Washington
Building. Tacoma, Wash.

E. (9) $15.95.

A. Helen Berthelot. 1925 K Street NW.,
Washington, D.C

A. Hal M. Chrlstensen. 222 East Superior
Street. Chicago, ni.

B. American Dental Association, 232 East
Superior Street, Chicago, HI.

D. (6) $3,000.

A. Cities Service Petroleum, Inc., 70 Pine
Street, New York. N.Y.

A. Clothespin Manufacturers of America.

B. Communications Workers of Amorlca. 839 17th Street NW.. Washington. D.C.

A. American Thrift Assembly, 1035 Con-
necticut Avenue NW., Washington, D.C.
D. (6) $490. E. (9» $11,970.74.

1935 K Street NW., Washington, D.C.
E. (9) $3,36336.

A. C. B. Blankenshlp, 1926 K Street HW.,
Washington, D.C.

B. Communications Workers of America,
A. AMVETS (American Veterans of Wwld 1025 K Street NW., Washington. D.C.

War II). 1710 Rhode Island Avenue. Wash-
ington. D.C.
E. (9) $3.08330.

A. Robert E. Anshdes. 1036 Connecticut
Avenue NW., Washington. D.C.
D. (6) $1,500.

A. Apache Tribe of the Meecalero Reserva-
tion, Mescalero, N. Max.

A. Apparel Industry Committee on Im-
ports, 1130 17th Street NW.. Washington. Washington, D.C.

(0) $3346.60.

A. Roland Boyd. 318 East Louisiana Street,
McKlnney, Tex.

B. Wherry Housing Association, 1737 H
Street NW., Washington, D.C.

D. (6) $9,040.42. E. (9) $466.66.

A. Brotherhood of Locomotive Engineers.
1132 Engineers Building, Cleveland, Ohio.

A. C. Blake Brown, 839 17th Street NW.,

E. (9) $26538.

A. A. C. Cocke. 831 Gravier Street. New
Orleans, La.

B. American Steamship Conunlttee on
Conference Studies, 307 Barr BuUding.
Washington, D.C.

E. (9) $160.61.

A. Coles & Goertner, 1000 Connecticut Ave-
nue, Washington, D.C.

B. American Tramp Shipowners Associa-
tion, Inc., 11 Broadway, New York, N.Y.

E. (9) $314.14.

DC.

B. (9) $7,978.99.

A. Arnold, Fca-tas * Porter. 1239 19th
Street NW., Washington, D.C.

B. Apache Tribe of the Mescalero Reserva-
tion, Meecalero, N. Max.

B. (9) $8437.

A. Arnold, Fortas * Porter, 1220 19th
Street. Washington, D.O.

B. National Association of Motor Bus Own-
ers. 839 17th Street NW., Washington, D.C.

A. Brown & Lund, 1635 1 Street NW., Wash-
ington, D.C.

B. American & Foreign Power Co., Inc.,

100 Church Street. New York, N.Y.

D. (6) $636. E. (9) $365.18.

A. Committee for Collective Secxorlty, 00

A. Lyman L. Bryan, 2000 K Street NW.. Johns Street. New York, N.Y.

Washington. D.C. D. (6) $70. E. (9) $87433.

A. Coles A Goertner, 1000 Connecticut
Avenue NW., Washington, D.C.

B. Committee of American Tanker Owners,
Inc., 1411 K Street NW.. Washington. D.C.

B. (9) $312.05.

A. Colorado Railroad Association, 845
Equitable Building. Denver. Colo.

B. Colorado Railroad Association, 845
Equitable Building, Denver. Colo.

E. (9) $61633.

I

S12

A. Committee on Cooperative AdTertlalog.
8T8 Lexington Avenue, New York, W.Y.

■. (0) tae.TS.

A. Committee for Bettim of Oonltacated
Oerman * Japwieee Prop«rty, 096 National
Press BuUdlnf. Washington. O.O.

D. (0) $200. K. (0) $ioa

A. Committee To Strengthen the Frontiers
Of Freedom, 1026 Connecticut Avenue, NW.,
Washington, DC.

D. (6) 114,716. I. (») •IS.867.12.

A. Contracting Plaaterers* & Lathers' In-
ternational Association, 711 14th Street NW^
Washington, D.C.

D. (6) $50,000. X. (9) $78.

A. Bernard J. Conway. 232 Bast Superior
Street. Chicago, ni. ««« « _^

B. American Dental Association. 223 East
Superior Street. Chicago. HL

D. (6) $4,000.

A. Council of Conservationists. Inc., 10
Sast 40th Street. New York. N.Y.

B. Fred Smith & Co.. Inc.. 10 Saat 40tli
SUeet. New York, N.Y.

A. OoimcU for exceptional Children, 1201
leth Street NW., Washington, D.C.

B. (9) $199.66.

A. Ooundl of State Chambers of Com-
merce. 1026 Connecticut Avenue. Washing-
ton. D.C.

D. (6) $844.16. B. (9) $844.16.

A. Donald M. Counlhan. 1000 Connecticut
Avwiue. Washington, D.C.

B. American Com Millers' Federation,
1000 Connecticut Avenue. Washington. D.C.

A. Donald M. Counlhan. 1000 Oozinectlcut
Avenue. Washington. D.C.

B. Classroom Periodical Publishers AaK>-
etatlon. 88 West Fifth Street. Dayton, Ohio.

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

31S

M

*jL PavU L. Courtney. 1001 Connecticut
▲venue NW.. Washington, D.C.

A. John M. Dlckerman, 1628 L Street NW.,
Washington. D.C.

B. National Association of Home Builders
of the United States. 1628 L Street NW.,
Washington. D.C.

D. (6) $1,211.80. K. (9) $«8J8.

A. Jasper N. Dorsey. 1001 Connecticut
Avenue NW.. Washington, D.C. and Hurt
BuUdlng, AUanta. Oa

B. Southern Bell Telephone and Telegraph
Co.. Hiirt Building. Atlanta, Oa.

D. (6) $«00.

A. Bvelyn Dubrow. 1710 Broadway. New
York. N.Y.

B. International Ladles* Garment Work-
ers' Union, 1710 Broadway, New York. N.Y.

D. (6) $1,188. E. (9) $600.02.

A. Stephen M. Du Brul. 11-184 General
Motors Building. Detroit. Mich.

B. General Motors Corp., 8044 West Grand
BoiUevard, Detroit. Mich.

A. Carlyle M. Donaway. 606 18th Street
NW., Washington. D.C.

B. National Association of Life Under-
writers, 008 13th Street NW., Washington,
D.C.

D. (6) $820. B. (0) $287.26.

A. Harold Bdwards. 1012 14th Street NW.,
Washington, D.C.

B. National Health Federation, 700 Mis-
sion Street, San Francisco, Calif.

D. (6) $700.

A. Harold B. Edwards, 1001 ConnecUeut

Avenue NW., Washington, D.C.

B. United Steelworkers of America. 1600
Conunonwealth Building, Pittsburgh. Pa.

D. (6) $3,304.85. X. (9) $300.

A. John W. Emelgh, 1040 Warner Build-
ing, Washington, D.C.

B. The National Rural Letter Carriers'
AsaocUtlon. 1040 Warner Building. Washing-
ton, D.C.

D. (8) $606.61. m. (0) $38.

A. OoK, Langford. Stoddard & Cutler. 1626
1 Street NW., Washington, D.C.

B. Institute do Acucar e do Alcool, Re-
publlca do8 EEtadoe Unldos do Brasil Federal
District, Rio de Janeiro, Brazil.

A. Oscar Cox. 1826 I Street NW., Washing-
ton. D.C.

B. BalfOTir. Guthrie ft Co.. Ltd.. 72 Wall
Street. New York 6, N.Y.. and Congopalm, 12
Avenue dee Avlateurs, LeopoldvUle, Belgian
Congo.

D. (6) $620. X. (9) $16.60.

iff

I

A. Credit Union National Association. Inc.,
1617 Sherman Avenue, Madison, Wla.

D. (0) $1,057. E. (9) $1,057.

A. Jcaeph M. Creed, 1317 F Street NW..
Washington, DC.

B. American Bakers Association, 1317 F
Street NW., Washington. D.C.

B. (0) $60.

A. Leo J. Crowley. 840 Equitable BuUdlng,
Denver. Colo.

B. Colorado Railroad Association. 848
Bqultable Building. Denver. Colo.

D. (6) $616.38. E. (9) $610.38.

A. Joffre C. David. 4401 Bast Colonial
Drive, Orlando, Fla.

B. Florida Fruit & Vegetable Association.
4401 East Colonial Drive, Orlando, Fla.

D. (6) $138.87. B. (9) $116.04.

A. 8. P. Deas. 820 National Bank of Com-
nerce Building. New Orleans. La.

B. (9) $667.40.

A. Lawrence B. Ernst. SOI East Capitol
Street. Washington, D.C.

B. National Star "loute Mall Oarrters
Association. 301 East Capitol Street. Wash-
ington, D.C.

E. (9) $24.20.

A. Far Ea«t Group. Inc.. 1000 Connectleut
Avenue NW.. Washington. D.C.
E. (9) $87.14.

B. Liberty Under Law. Inc.. Post Offloe
Box 201S. Salt Lake ORy. Utah.

A. Gypsum Association. 201 North WeUt
Street. Chicago, ni.

A. William A. Hanscom. 100 Indiana Ave-
nue NW...Washlngton. D.C.

B. OU, Chemical and Atomic Workerr In-
ternational Union. 1840 California Street.
Denver. Colo.

D. (6) $1.25a B. (0) $228.

A. Charles H. Heltael. 1700 K Street NW..

Washington, D.C.

B. Paciflc Power ft Light Co.. Public Serv-
ice Building, Portland, Oreg.

D. (6) $930. X. (9) $480.71.

A. Joseph D. Henderson. 481 BaMw Build-
ing. New Orleans, La.

B. American Aseoolatlon of Small Business.
Inc., 431 Baiter Building. Mew Orleana. La.

O. (6) $1376.

A. L. 8. Hltchner. 1146 lOtA Street NW..
Washington. D.C.

B. National Avlcnltural Cbenaleals Asso-
ciation.

D. (6) $SS. B. (0) $t.

A. Frank N. Boffmaaa. 1001 Connecticut
Avenue NW.. Washington. DXJ.

B. United Steetworfeve of Amertoa, 1800
Commonwealth BuUdlap/fltUburgh. Pa.

D. (6) $4,000. B. (0) $1X»0.

A. John R. Holdra, 1710 Rhode Island Ave-
nue NW.. Washington, D.C.

B. AMVETS (American Veterans of Woild
War II). 1710 Rhode Island Avenue NW..
Washington. D.C.

D. (6) $1,187.60. B. (9) $75.

A. Hughes, Hubbard. Blalr ft Reed. One
Wall Street. New York. N.Y.

B. The Bendlx Corp.. Fisher Building. De-
troit. Mich.

A. John M. Hurley. S02 Bofe BuUdlBg.
Seattle. Wash.
D. (6) $279.90.

4tth

A. James Flnucane. 926 National
BuUdlng, Washington, D.C.

B. Ccnunlttee for Return of Confiscated
German and Japanese Property, 926 National
Press Building. Washington, D.C.

D. (6) $100.

A. Donald O. Fletcher. 828 Midland Bank

Building, Minneapolis, Minn.

B. Crop Quality Council, 828 Midland Bank
Building, Minneapolis, Minn.

D. (6) $3,780. E. (9) $1,787.08.

A. Florida Fruit ft Vegetable Association.
4401 Bast Colonial Drive. Orlando. Fla.
D. (6) $379.71. E. (9) $379.71.

A. B. F. Forbea. 604 Mission Street, San
Francisco, Calif.

B. Western SUtes Meat Packers Associ-
ation, Inc., 604 Mission Street, San Francisco.
Calif.

D. (6) $7,806.

A. Forest Farmers Association, Post Office
Box 7284, Station O, Atlanta. Oa.

A. Rodger S. Ounn, 4618 Highland Drive,
Salt Lake City. Utah.

A. George F. Hnssey. Jr., 10
Street. New York, NY.

B. American Standards Association. 10
40th Street, New York, N.Y.

D. (6) $10.09.

A. Institute of American Poultry Indus-
tries. 67 East Madison Street. Chicago. CI.

D. (6) $1,046.03. B. (9) $1,046.08.

A. International Union of Electrical, Radio,
and Machine Workers, 1126 16th Street NW.,
Washington. D.C.

E. (9) $1,463.

A. Harold O. Jacobeon. 1476 South 4th Bast.
Salt Lake City, Utah.

A. Ray L. Jenkins, 1066 National Press
Building, Washington. DC.

B. Soclete Internationale Pour Partlelpa-
tions Industrlalies Bt Commerelalas. SJL,
Peter Merianstr. 19, Basel, Swltasrland.

A. William T. Jobe, 810 18th Street NW..
Washington, D.C.

B. National Ice Association.

A. Peter Dlerks Joers. 610 WhltUngton
Avenue, Hot Springs, Ark.

B. Dlerks Forests, Inc., 810 Whlttlngtoo
Avenue, Hot Sprlnss. Ark.

A. Tom KUlefer, 1000 Conneotlout Avenue
NW., Washington, D.C.

B. Committee of Amerlcaa Stcanahlp
Unes, 1000 Connectldtt Avenue NW.. Wash-
ington, DC.

D. (6) $600. BL (») 6ISj$4.

A. James F. King. U2A OosuMCtleat Ave-
nue NW., Washington. DXJ.

B. Manufacturing Chemists' Association.
Inc.. 1825 Connecticut Avenue NW., Wash-
ington. D.C.

D. (6) $1,250.

A. Joseph T. King, 1028 Connecticut Ave-
nue NW., Washington. DC.

B. Associated Equipment Distributors.
Sprinkler Irrlgattan Aseodation. Wartiing-
ton Counsel for Aluminum Extmdexe CXma-
cll. and Northwestern Lumbermen's Associ-
ation.

B. (t) $3.18eM.

A. Mr. and Mra. Barry !*■ KlngmsA.
D. (6) $680. B. (0) $680.

A. A. W. Koehler. 888 17th Street NW..
Washington. DX;.

B. NaUonal Assodatloa ot Ifotcr Boe
Ownsrs. 886 17th Street VW.. Washington.
D.C.

A. flfikners ft Fort. 628 Ttxwer Bulldtng.
WashSSfii. DC.

B. H"ffY^ Gulf ft Great Ljikee Ship-
building Aflsoclatlon. 829 Ytiwer BuUdlng.
WashlnctaBi. DXl.

(E) (9) $18./911.M.

A. Herman C. Kruae. 245 Market Street.
Saa RamelBoo. Caltf .

B. Paciflc Gas ft Electric Co.. 246 Market
Stoeet. San Fraaciseo. Calif.

D. (6) $3.407i>4. K. (0) $6,012.83.

A. Charles R. Larson. 1040 Warno- BuUd-
lng. Washington. D.C.

B. The National Rural Letter Carrten' Aa-
soclation. 1040 Warner Building. Washing-
ton. D.C.

D. (6) $606ill. B. (9) $1SA).

A. DlUard B. Laeeetar, Poet Omee Box 381.
Washington. D.C.

B. National Aeaociatkm of AgrUnsltural
Stabilization and Conservation County Office
Employeea. c/o Clyde B. Payne. Jasper. FU.

D. (6) $825. B. (0) $125.

A. DUlard B. Leseetsr. Poet Ofllee Box 881.
Waahlngton. D.C.

B. Organisation of Professional Bnployees
of the U.S. Department of Agriculture. Post
Office Box 381. Washington. DC.

D. (6> $460. E. (9) $126.

A. G. K. Lelghty. 400 First Street NW..
Washington. D.C.

A. Liberty Under Law, Inc., Post Office
Box 3013. Salt Lake City. Utah.
D. (6) $11.70. K. (9) $11.70.

A. Jonathan Llndley. 740 11th Street NW.,
Washtngtoti. D.C.

B Credit Union National AseociatioB. toe.,
1617 Sherman Avenue, Madison, Wis.

D. (0) $450. B. (9) $30 JO.

A. Donald Unvllle, 906 West Wacker Drtve,
Chicago, m.

B. American Hardboard Association, 208
West Wacker Drive. Chicago. 111.

D. (6) $1,250. E. (9) $310.

A. Lobby lor Peace (northern California).
346 FtankHn Street, San Francisco, Calif.
D. (6) $6.808Ji). E. (0) $8,648.61.

A. H. B. LuckeU. 811 Callfomla Street.
San Francisco, Calif.

B. American Steamship Committee on
Conference Btudlea, 307 Barr BuUdlng.
Washington. D.C.

A. J. A. McCallam. 1507 M Street NW..
Washington. D.C.

B. (9) $619.59.

A. WUllam A. MeCUntock. Jr.. 7447 Skokie
Boulevard, Skokie, 111.

B. National Committee for Insurance Tax-
ation, the Hay-Adams House. Washington.
DC.

A. John H. McCormlck. Jr.

B. The Council for Exceptional Children.
1201 I6th Street NW.. Washington. DXL

A. Joseph J. McDonald. 1001 Connecticut
Avenue NW.. W.iahlngton, D.C.

B. United Steelworkers of America. 1500
Conunonwealth Building, Pittsburgh. Pa.

D. (6) $3,a04J86. B. (9) $300.

A. William J. McDonald, 3005 Fernslde
Boiilevard. Alameda. Calif.

B. National Council of Naval Atr Stations
Employee OrganizatloDs. 9006 Femslde
BouTevard. Alameda, Caltf .

A. Joseph B. McGrath, 1625 L Street NW.,
Washington. D.C.

B. National Association of Home Builders
of the United States. 10Q5 L Street NW..
Wasfatngton, D.C.

D. (6) $>,886.7S. B. (0) ^88.78.

A. Frederick C. McKee. 1028 Connecticut
Avenue NW.. Washington, D.C.

A. Clarenoe M. McMillan. 1343 L Street
NW.. Washington, D.C.

B. National Candy Wholesalers Assodatlon.
Inc., 1343 L Street NW., Washington. D.C.

A. John W. MacKay. 509 14th Street NW,
Washington. D.C.

B. National Postal Clerks Union. 509 14th
Street NW.. Washington. D.C.

D. (6) $2,7TX).10. E. (9) $350.

A. MacLeish. Spray, Price ft Underwood.
134 South LaSalle Street, Chicago, 111.

B. National Oommlttee for Insurance Tax-
ation, Hay-Adams House, Washington, D.C.

E. (9) $735.72.

A. John H. MacVey and WUllam T. Sher-
wood. Jr.. 824 Connecticut Avenue NW,
Washington. D.C.

B. Nippon Light Metals Co.. Ltd, Tokyo,
Japan.

A. Albert B. Maddocks. 1883 South Seventh
Street East, Salt Lake City, Utah.

B. Liberty Under Law. Inc, Post Office Box
2013. Salt Lake City, Utah.

A. Don Mahon, Box ^59 Ben Franklin Sta-
tion, Washington. D.C.
E. (9) $633.33.

A. Julia L. Maletta.

B. Amnlgpi""*^^ ClotMng Workers of
America, 15 Union Square, New York. N.Y.

D. (0) $1,068. B. (9) $2,250.18.

A. Walter B. Maloney. 40 WaU Street. Wew
York. N.Y. _ _

B American Steamship Committee on
Conference Studlea, Barr BuUdlng, Washing-
ton. DXX

D. (6) $4,038. B. (9) $592 JT.

A. James D. Mann. 714 Sheraton BuUdlng,
Washington. D.C.

B. Private TYtick Council of America, Inc.,
714 Sheraton BuUdlng. Washington. D.C.

A. Manufacturing ChenUsts' Association.
Inc, 1825 Connecticut Avenue NW.. Wash-
ington. D.C.

D. (0) $2,628. X. (9) $2,475.

A. Tommy M. Martin. 1040 Warner BuUd-
lng. Washington. DX;.

B. The National Rural Letter Carriers' As-
sociation. 1040 Warner Building. Waehington,
DjC.

D. (6) $606.51. E. (01 $16.

A. C. V. ft R. T. MaadllB. 1111 B Street,
NW., Washington. D.C.

B. National Association of Secondary Ma-
terial Industries. Inc. 271 Martlsnn Avenue.
New York. N.Y.

A. Albert E. May. 1000 Connecticut Avenue.
Washington. DjC.

B. Committee of American Steamship
Lines. 1000 Connecticut Avenue, Washington,
D.C.

D. (6) $220. E. (9) $38.52.

A. Arnold Maya. 100 Indiana Avenue NW,
Washington, D.C.

B. Amalgamated Meat Cutters and Butcher
Worlunen of North America, 2800 North
Sheridan Road. Chicago, m.

D. (6) $1,206. X. (9) $418.

A. Kenneth A. Melklejohn, 1209 Rlppon
Road, Alexandria, Va,

B. Joint Minimum Wage Committee. 815
10th Street NW., Washington, D.C.

D. (6) $3,000. X. (9) $583J20.

A. Kenneth A. Melklejohn. 1200 Rlppon
Rocul. Alexandria, Va.

B. Retail. Wholesale and Department Store
Union. 132 West 43d Street, New York. N.Y.

D. (6) $675.

A. Xnis X. Meredith. 1180 17th Street NW,
Washington, D.C.

B. Apparel Industry Committee on Im-
ports. 1130 17th Street NW, Washington, IXC.

D. (0) $937.50.

A. Xtoes A. Messer. Poet Office Box 1611,
Washington. D.C.

B. National Association of Post Office and
General Services Maintenance Employees,
Post Office Box 1611. Washington. D.C.

D. (0) $1,200. E. (9) $167.01.

A. Harold C. MUler. 1001 Connecticut Ave-
nue NW., Washington, D.C.

B. The Anierl'.aLn Society of Compoeers,
Authors and Publishers. 675 Madison Avenue.
New York. N.Y.

D. (6> $1,82«.99. X. (9) $348.50.

A. Harold C. Miller. 1001 Connecticut Ave-
nue NW.. Washington, D.C.

B. The National Community Television
Association, Inc., 1111 E Street NW, Wash-
ington, D.C.

D. (6) $1,000. E. (0) $1,285.88.

A. Theodore A. liflller. 802 Ring Building,
Washington, D.C

B. Venice Land Oo, Box 1576. Venice, Ra.

A. Kenneth R. Morefleld, 4401 East Colonial
Drive, Orlando. Pla.

B. Florida Pnilt and Vegetable Association.

4401 East Colonial Drive. Orlando. Fla.

A. Curtis Morris, Premier Building. Wash-
ington, D.C.

B. American Gas Association. Inc., 420
Lexington Avenue, New York, N.Y.

A. Vincent S. MuUaney, 777 14th Street
NW.. Washington, D.C.

B. General Electric Co.. 6W Lexington
Avenue. New York. N.Y.

D. (6) $1,250. E. (9) $759.42.

314

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECCHID — HOUSE

315

i

A. Andrew P. Murphy. Jr., 1885 L EKreet
NW.. Washington, D.C.

B. Natlonja AasocUUon of Home B\iilders
of the United States, 1825 L Street MW.,
Washington, D.C.

D. (6) $1384.60. E. (9) $182.15.

A. J. Walter Myers, Jr.. Poet Office Box 7284,
Station C, Atlanta, Oa.

B. Forest Farmers Association Cooperative,
Post Office Box 7384, Station C, Atlanta, Oa.

A. National Associated Bxislnessmen, Inc.,
1725 K Street NW., Washington, D.C.
D. (6) $2,624.86. B. (0) $1383.82.

A. National Aaso<;latlon for the Advance-
ment of Colored People, 20 West 40th Street,
New York, N.Y.

A. National Association of Agricultural
Stabilization & Conservation County Office
Employees.

D. (6) $1,600.32. K. (9) $1,500.

A. National Association of Home Builders
of the United States, 1626 L Street NW..
Washington. D.C.

D. (9) $2387.53. B. (9) $2,387.63.

A. National Association of Life Underwrit-
ers, 608 13th street NW., Washington, D.C.
D. (6) $3387.63. (K. (9) $2387.63.

A. National Association of Motor Bus Own-
ers, 889 17th Street NW., Washington, D.C.

A. National Association of Post Office &
General Services Maintenance Employees,
Poet Office Box 1611, Washington, D.C.

D. (6) $13,764.76. E. (9) $2,041.66.

A. National Association of Real Estate
Boards, 36 South Wabash Avenue, Chicago,
m.. and 1300 Connecticut Avenue NW..
Washington, D.C.

B. (9) $11,111.53.

A. National Association of Wheat Growers,
Chappell, Nebr.

D. (6) $1,936.02. E. (9) $1335.02.

A. National Committee for Insurance Tax-
ation, The Hay-Adams House, Washington,
DC.

D. (6) $70. E. (9) $380.08.

A. National Committee for Insurance Tax-
aUon. The Hay-Adams House, Washington,
D.C.

D. (6) $10,070. E. (9) $10311-93.

A. National Council of Naval Air Stations
Employee Organizations, 3005 Fernslde
Boulevard, Alameda, Calif.

D. (6) $200. E. (9) $171.44.

A. National Federation of Independent
Businesses, Inc., 740 Washington Building,
Washington, D.C.

D. (6) $11,478.99. E. (9) $11,478.99.

A. National Postal Clerks Union, S09 14th
Street NW., Washington, DC.
D. (6) $11,776. E. (9) $5300.

A. National Rehabilitation Association,
Inc., 1025 Vermont Avenue NW., Washing-
ton, D.C.

D. (6) $1,775.87. E. (9) $715.05.

A. National Tax Equality AssocUtlon. 1000
Connecticut Avenue NW.. Washington, D.C.

D. (6) $6,110.06. ■. (9) $8,788.71.

A. Roes D. Hetherton, 1712 O Street NW.,
Washington, D.C.

B. American Automobile Association. 1712
G Street NW.. Washington. D.C.

A. Robert H. North, llOS Barr BuUdlnt.

Washington. D.C.

B. Ihtematlonal Association of Ice Cream
Manvtfacturers, 1106 Barr Building, Washing-
ton. DC.

E. (9) $68.62.

A. Northwest Committee for Transport*-
tlon, 2928 Maoomb Street NW., Washington,
D.C.

D. (6) $382. E. (9) $287.63.

A. Organization of Professional Employees
of the U.S. Department of Agriculture, Post
Office Box 381. Washington, D.C.

D. (6) $857.07. E. (9) $68036.

A. Joseph O. Parker, 631 Washington
Building, Washington. D.C.

B. Florida Fruit St Vegetable AssocUUon.
4401 East Colonial Drive, Orlando, Fla.

E. (9) $1.50.

A. Joseph O. Parker, 631 Washington
Building. Washington, D.C.

B. Iiistltute of American Poultry Indiu-
trles. 67 East Madison Street, Chicago, 111.

D. (6) $3ia }0. B. (9) $26.90.

A. Karla V Parker. 1729 Union Boulevard
SE., Grand liaplds, Mich.

A. Geo. F. Parrlsh, Post Office Box 7,
Charleston. W. Va.
D. (6) $4,624.98.

A. Esther Peterson, 818 leth Street NW.,
Washington, D.C.

B. Industrial Union Department, 816 leth
Street NW.. Washington, D.C.

'D. (6) $2,612.48. E. (9) $2,010.84.

A. Kenneth Peterson, 1126 10th Street
NW., Washington, D.C.

B. International Union of Electrical, Radio
A Machine Workers. 1126 16th Street NW.,
Washington. D.C.

D. (6) $1360.

A. WlUlam I. Powell. 1110 Ring Building,
Washington. DC.

B. Independent Petroleum Association ot
America. 1110 Ring Building. Washington,
DC.

E. (9) $22.50.

A. Homer V. Prater, 900 F Street NW..
Washington, D.C.

B. American Federation of Government
Employees, 900 F Street NW., Washington,
DC.

D. (6) $2,329.00. E. (9) $80.

A. National Retired Teachers Association
& American Association of Retired Persons,
1346 Connecticut Avenue NW., Washington.
D.C.

B. (9) $73.00.

A. National Rural Letter Carriers' Asso-
ciation, 1040 Warner Building. Washington,
D.C. , ..^

D. (6) $26,615.13. E. (9) •8397.92.

A. John H. Pratt, 906 American Secxirlty
Building, Washington, D.C.

B. National Electrical Manufacturers As-
sociation, 166 East 44th Street, New York.
N.Y.

D. (6) $2,600. E. (9) $154.81.

A. Gordon M. Quarnstrom, 7447 Skokie
Boulevard. Skokie, 111.

B. National Committee for Insurance Taxa-
tion, The Hay-Adams House. Washington,
DC.

A. Un. Richard O. Radue. 8406 Quebec
Street NW., Washington. D.C.

B. National Congress of Parents ft Teach-
ers. 700 North Rush Street, Chicago, m.

A. RaUroad Pension Ocmference. Post Ofiot
Box 798, New Haven. Conn.
D. (6) $74. K. (9) $7638.

A. Sydney O. RMgan, S840 Greenbrier
Drive, Dallas, Tex.

B. Southwestern Peanut Shellers Aaeocia-
tlon. Box 48. Durant, Okla.

D. (6) $160.

A. William T. Reed. 6800 Oonneetleut
Avenue. Chevy Chase, Md.

B. Standard OH Co., 910 South Michigan,
Chicago, ni.

D. (6) $1,500. ■. (9) $286.

A. Regional Broadcasters. 1786 DeSales
Street NW.. Washington, D.O.

B. (9) $638039.

A. Geo. L. Reld. Jr.. 1010 Vermont Avenue
NW., Washington, DC.

B. National Association ot WtaMt Chrowwt.
Chappell. Nebr.

D. (6) $1300. E. (0) $18633.

A. John Arthur Reynolds, 668 OortUnd
Avenue. Fresno. Calif.

B. Western Cotton Growers Aseodatlon of
Callfcn^la, 310 Fulton-Fresno Building, Free-
no. Cam.

D. (6) $606.67. K. (0) $10030.

A. Hubert M. Rhodes, 740 llth Street NW..
Washington. DC.

B. Credit Union National Association. Inc.,
1617 Sherman Avenue. Madison. Wis.

D. (6) $676. E. (9) $3.

A. WUUam Neale Roach, 1424 16th Street
NW., Washington. D.C.

B. American Trucking Asaociatloos. Inc.,
1424 16th Street NW., Washington, D.C.

D. (6) $3,000. ■. (9) $171.89.

A. FrancU M. Russell. 1200 18th Street
NW.. Washington, D.C.

A. Kermlt B. Rykken, 1712 G Street NW.,
Washington, D.C.

B. American Automobile Association, 1712
G Street NW.. Washington. D.C.

A. Francis J. Ryley, 519 TlUe * Trust
Building. Pboenlx, Ariz.

B. Mobil OU Co., Los Angeles; et al.

A. Fred J. Scanlan, 1308 New Hampehlre
Avenue NW., Washington, D.O.

B. Fleet Reserve AssocUtlon, 1806 New
Hampshire Avenue NW., Washington, D.O.

D. (6) $345.

A. R. E. Schanzer, Inc.. 606-612 South
Peters Street, New Orleans. La.

E. (9) $395.67.

A. Hollls Maokay Seavey. 1735 DeSalee
Street NW.. Washington, D.C.

B. Regional Broadcasters.

D. (6) $3,666.66. E. (9) $278.56.

A. Selvage ft Lee, Inc.. 1626 I Street NW..
Washington. D.C.

B. American Carpet Institute, Empire
SUte Building. New York. N.Y.

D. (6) $3,000. E. (9) $30831.

A. Selvage ft Lee. Inc.. 1626 I Street NW..
Washington, D.C.

B. New York Coffee ft Sxigar Exchange, 79
Pine Street. New York, N.Y.

D. (6) $1300. E. (9) $330.

A. P. L. Shackelford. 4646 OonnecUcut Ave-
nue, Washington, D.C.

B. Sheet Metal Workers' Internatloiial As-
sociation. 1000 Oonnectiout Avenue, Wash-
ington, D.C.

D. (6) $600.

A. Maurice J. Shean, 940 26th Street NW., B. National Cmwilttee for Ihaiinmce Tax- A. Veterans of World War ^ USA, Inc.,
Washington, D.C. atlon. The Hay-Adams House, Washington, 40 O Street NE., Washington, D.C.

B. City and County of San Frandaco, D.C.

Calif. E. (9) $8432. A. Herbert F. Walton, 7447 Skokie Boule-

D. (6) $3,756. B. (9) 6237116. vard, Skokie, ID.

A. Stltt ft HenunendlBger. 1000 Connectl- B. National Committee for Xnsuranoe Tka-

A. Richard L. Shook, 1000 Connecticut cut Avenue. Washington. D.C atlon. The Hay-Adams House. Washington.

Avenue, Washington, D.C.

B. Magnavox Go.. Ptirt Wayne. lul.
1. (9) $43.40.

A. David Sllvergletd. 600 14tii Street NW.,
Washington, D.C.

B. National Poirtal Clerks UhkMi, 600 I4tb
Street NW., Washington, D.C.

D. (•) $3,700.10. E. (0) $380.

A. Fred Smith ft Co.. Inc.. 10 East 40th
Street. New York, N.Y.

B. Edward Malilnckrodt, 16 Westmoreland
Place. St. U>uls. Mo.

D. (6) $6,000.

B. Continental Merchandise Co., 236 Fifth D.C.
Avenue. New York. N.Y.
D. (6) $1,000. E. (9) $763.42.

A. Stitt ft Hcnunendlnger. 1000 Connecti-
cut Avenue. Washington. D.C.

B. Nooaki Associates. Inc., 92 Liberty
Street. New Yort, N.Y.

X. (t) $50.

A. Mrs. Ada Barnett Stoiigh. 132 Third
Street SE., Washington, D.C.

B. American Parents Committee, Inc., 132
Third Street SE., Washington, D.C.

A. Narvln B. Weaver, 1200 18th Street NW.,
Waahington, D.C.

B. Ctties Service Petroleum. Inc.. 10 Plae
Street, New York, N.Y.

A. Western Ooiton Qrofwcrs Assodatian of
California, 310 Fulton-Fresno Building,
Fresno, Calif.

D. (6) $10311.73. E. (9) $3,040.55

A. Norman Strunk, 221 North La Salle

Street. Chicago, III.

B. United States Savings and Loan League,

A. M. Frederik Smith. 10 Bast 40th Street.
New York, N.Y.

B. CotmcU ol Oonservatkmlsts. Inc., 10 221 North La Scdle Street, Chicago, IlL
East 40th Street, New York. N.Y. D. (6) $626. E. (9) $232.94.

A. Western States Meat Packers Associa-
tion. Inc., 604 Miseion Street, San Franeisco,
Calif.

D. (6) $10,726.58. E. (9) $33.16.

A. Wherry Housing Association, 1737 H
Street NW., Washington, D.C.
E. (9) $9,404.42.

A. Thaddeus S. Bnell, 134 South t^Salle A. Surrey. Karaslk, Gould ft Vtron, 1116
Street. Chicago. 111. Woodward Building. Washlngtoo. D.C.

B. Gypsum Association, 301 North Wells B. Ronson Corporation, 1 Bonson Road,
Street. Chicago. 111. Woodbrldgc. N J.

K. (9) »687.88.

A. Dwlght D. Taylor. Jr.. 918 16th Street

A. Southern Pine Industry Committee, 520 nw., Washington, D.C.

National Bank of Ooctunerce Building. New b. American Airlines, Inc.. 918 16th Street

NW., Washington, D.C.

D. (6) $037.40. E. (9) $240.62.

A. J. Woodrow Thomas, 1000 16th Street
NW., Washington, D.C

Orleans, La.

D. (6) $941. B. (0) $4,169.19.

A. John P. Bptf. 3t^ 1106 Barr Building.
Washington. D.C.

B. International Association ot Ice Cream
Manufacturers.

A. WlUlam W. Spear, 214 National Bank
Bxiildlng. Fremont. Nebr.
D. (6) $900. E. (0) $61630.

A. Richard A. Squires. 1102 Ring Bxilldlng.
Washington, D.C.

B. American Mining Congress, Ring Build-
ing. Washington. D.C.

D. (6) $000. X. (9) $6.06.

A. ChMter S. StatApole, 420 Lexington
Avenue. New York, N.Y.

B. Anxerlcan Gas Association. Inc., 430
Lexington Avenue, New York, N.Y.

A. Townsend Plan, Inc., 808 North CajM

A. Standard Public Relations. Inc., 46 tol Street NW.. Washington. DU.
Rockefeller Plaza. New York, N.Y

A. John J. Wicker. Jr.. 706 Mutual Build-
ing, Rlcfamond, Va.

B. Mutual Insiiranee Committee on Fed-
eral Taxation. 30 North Wa<^cr Drive, Chi-
cago, m.

D. (6) $3,50232. B. (9) $230232.

A. Myron Wiener. 1000 Conncctieut Ave-
nue NW., Washington, D.C.

B. The Far East Group, Inc., 1000 Con-
necticut Avenue NW., Washlngtoa. D.C.

A. Harold M. WiUiams. 67 East Madison

B. Trans World Airlines, Inc., 10 Richards. Street, Chicago, Ul.
E^ansas City. Mo. B. Institute of American Poultry Indus-
E (9) $148 70 tries. 67 East Madison Street, Chicago, 111.
D. (6) $400. E. (9) $22.77.

A. iUchard A. TUden. 441 Lextagtoo Ave- ^ __ . _ _, ,; _ , . ., ^,

nue. New York. N.Y. ^^ A. Frank G. WoUney, 67 East Madison

B. Clotbe^in Manufacturers oi America. ^*^*V *^??i*^^' ^^
839 17th Street NW.. Washington. D.C.

D. (6) $176. E. (9) $9038.

A. Richard A. TUden. 441 Lexington Ave-
nue, New York, N.Y.

B. R. B. Schanzer, Inc., 608-612 South
Peters Street, New Orleans, La.

E. (9) $95.67.

B. Institute of American Poultry Indus-
tries. 67 East MadlBon Street. Chicago, m.
D. (6) $15635. E. (9> $1332.

B. Theodore Roosevelt Association, 26 Bast
20th Street, New York, N.Y.
D. (6) $3,000. B. (9) $600.

A. Raymond E. Steele. NationiJ Press
Building. Washington. D.C.

D. (6) $3,760. E. (0) $21338.

A. Stevenson, Paul, Rlfklnd, Wharton ft
Garrison. 1614 I Street NW.. WasJUngtCB.
D.C.

A. Paul T. Trtdtt, 1700 K Street NW.,
Washington, D.O.

B. Natk>nal Plant Food Institute, 1700 K
Street NW., WMhlagtoa. D.C.

E. (9> $3931.

A. Trustees for Coascrvatiosi. 861 Kearny

Street, San Francisco, Calif.

D. (6) $1,42337. B. (9) $3360.42.

A. Venice Land Co.. Box 1576. Venice. FU.

A. Burton C. Wood. 1626 L Street NW.,
Washlng^n, D.C.

B. National Association ot Hooat Builders
of the United States. 1626 L Street NW..
Washington. D.C.

D. (6) $1,480.76. B. (9) $6730.

A. C. C. Woodard, 7630 Blscajme Boule-
vard. Miami. Fla.

E. (9) $1.08.

A. Barley Z. Wooden.

B. The Council for Exccptlonid Children.
1201 16th Street NW, Washington. D.C.

D. (6) $100. B. (0) $330.

A. John H. Young. Mil Major Street, Salt
Lake City, Utah.

B. Liberty Under Law, Inc., Post Office Box
2013, Salt Lake City, Utah.

316

CONGRESSIONAL RECORD — HOUSE

QUARTERLY REPORTS

January 6

The following quarterly reports were submitted for the third calendar quarter 1960:

(NOT. -The form used for reports is reproduced below. In the interest of economy in ttie Record quesUons are noi
repea^only the essential answers are printed, and are indicated by their respective letter and number.)

FU^ TWO COPIBI WITH TH. S.CWAET OF TH> SWAT. AKD PILE TH«B C0PI» WlTH TH. CL-K Or TH. HOU« OF R.F«««TATIV« I

Thla page (page 1) 1. designed to supply Identifying data; and page 2 (on the back of this page) deal, with ttnanclal datiu

PLACT *H "X" B«LOW TH« APP«OP«IAT« LETWB OB PIGUM m TH« BOX AT TlUt RIGHT OF TH« "IUFOBT" H«ADIH0 B«L0W:

•VzUMxnuLT" REPORT ("Registration") : To "register." place an "X" below the letter "P" and All out page 1 only.
"QUAaTOLT" RBK..T: TO indicate which one of the four calendar quarters Is covered by thl. Report ^l^J^.';^^J^^'^ ^oJS^^-
^ngure. Pill out botn page 1 and page 2 and "--y additional page. « "JJJ^;^^;;^^, n^g ^"U^rSrc:^ J^^ l-^tl"^^^

bered as page "8." and the rest of such pages should be 4.* 6. 6. etc. Freparaiion una bhub ui •w.*^

accomplish compliance with all quarterly reporting requUrementa of the Act.

REPORT
PuuaUAHT TO PEDXKAL RwnJLATIOKS OF LOWTlHO ACT

ftVAM!

1st

9d

Sd

4th

(iCark one square only)

NOT. OK IT.M "A".-(a) IK a«N«AL. Thls "Report" form may be used by either an organlMtlon or an IndlFldual. " '°"o^;

(l) "toiployee-.-To file as an "employee", state (In Item "B") the name, addre... and nature of buslne«i of the «»P»JJf^ .^<"
the^mpfo^ee" Is a firm (such as a law firm or public relations flrml. partner, and salaried staff member, of «ich Arm may Join la
filing a Report as an "employee".)
(U) "Kmployer".— To file as an "employer", write "None" In answer to Item "B". . ^ ,^ , .. „.^^.

^b) a»AaAT. R«>oBT8 An agent or employee should not attempt to combine hU Report with the employer s Report.

^^ ^ to"oy!^"ubJert t^the Act mSst nie «.parate Reports and are not relieved of this requirement merely bemuse Report. ar«

in^t^XXs^S^ °o' SS'iTmust me separate Reports and are not relieved of this requirement merely because Report. «•
filed by their employers.

A. OmOAKIZATlON OB IKDIVIDUAL PlUKO:

1, state name, address, and nature of business.

a. U this Report Is for an Kmployer. list name, or agent, or employM.
who win file Report, for this Quarter.

NOT. OK ITBM "W.-Reports by Agents or Employees. An employee Is to file, each quarter, a. many Report, a. he ha. employ^.. «cept
that: (a) If a particular undertaking Is JolnUy financed by a group of employers, the group U *« «>«.«»^l<*"'"^" °"« I^Ph-^«;Jrlt7rf
members of the group are to be named, and the contribution of each member is to be specified; (b) If the work U '^°^\^J^J^^^^^\°^
one person but payment therefor Is made by another, a single Report— naming both persons as "employers — U to be filed each quartw.
B. KMFLOTm. — state name, address, and nature of business. If there Is no employer, write "None."

Not. ok It.m "O".— (o) The expression "in connection with legislative interests." a. UMd In thU Report, mean, "in connection wtth
attempting, directly or Indirectly, to Influence the passage or defeat of legislation." "The term 'legislation' mean. ]»"»• ^«*o'""o°*' *P*°^^
ment.. nominations, and other matters pending or proposed in either House of Oongree., and includes any other matter which may be th.

.ubjectof action by either House"— S 302(e). ^ . ^. .^ , ^.w*^* *^ »k. T^K>t«4n>

(b) Before undertaking any activities in connection with leglalatlve Interests. organlMtlons and Individual, mibject to tbe lx>bbyinff

Act are required to file a "Preliminary" Report (Registration). ^. w .w .. •♦v—

(c) After beginning such actlvlUes. they must file a "Quarterly" Report at the end of each calendar quarter In which they nave eitncr
received or expended anything of value In connection with legislative Interests.

Lmxslatxv. Iktebests, akd Publicatioks In
I. state approximately how long legisla-
tive Interests are to continue. If receipts
and expenditures In connection with
legislative interests have terminated.

□ place an "X" In the box at the
left, so that this Office will no
longer expect to receive Reports.

connection therewith:

a. SUte the general legislative Interest, of
the person filing and set forth the specifle
legislative Interests by reciting: (a) Short
titles of statutes and bills; (b) Houm and
Senate niunber. of bills, where known; (c)
citations of statute., where known; (il)
whether for or agalnat .uch rtatute. and
bills.

3. In the case of thoM publication, which th.
person filing has caused to be iMued or dl.-
trlbuted In connection with legislative In-
terests, set forth : (a) Description, (b) quan-
tity distributed: (c) date of distribution, (d)
name of printer or publisher (If publication,
were paid for by person filing) or name at
donor (If publications were received a. a
gift).

(Answer Items 1, a. and 3 In the space below. Attach additional page, if more ^Htce is needed)

4. If this 1. a "Preliminary" Report (Registration) rather than a "Quarterly" Report, state below what the nature and amount of antici-
pated expenses will be: and If for an agent or employee, state also what the dally, monthly, or annual rate of compensation is to be.
If this Is a "Quarterly" Report, disregard thl. Item "04" and fill out Item "D" and "X" on the t>ack of this page. Do not attempt to
combhie a "Preliminary" Report (Registration) with a "Quarttfly" Report.^

APFiDAvrr

[Omitted In printing]
PAOS 1^

1961 ' CONGRESSIONAL RECORD — HOUSE 317

Nor. OK iTMi "D." — (a) In Oeneral The term "contribution" Includes anything of value. When an organlcation or Individual uses

printed or duplicated matter In a campaign attempting to Influence legislation, money received by such organization or individual ^for

such printed or duplicated matter— is a "contribution." "The term 'contribution' includes a gift, subscription, loan, advance, or deposit
of money, or anjrthlng of value, and Includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribu-
tion"— Section 302 (a) of the Lobbying Act.

(b) If This Repott Is fob ak Khflotd. — (I) In Oeneral. Item "D" Is designed for the reporting of all receipts from which expendi-
tures are made, or will be made. In accordance with legislative Interests.

(U) Receipts of Business Firms and Individuals. — A business firm (or individual) which is subject to the Lobbying Act by reason of
expenditures which It make. In attempting to Influence legislation — but which has no funds to expend except those which are available
In the ordinary course of operating a business not connected In any way with the Influencing of Ic^latlon— will have no receipt, to re-
port, even though it does have expenditures to report.

(Ill) Receipts of Multipurpose Organizations. — Some organi»itionB do not receive any funds which are to be expended solely for the
purpose of attempting to Influence legislation. Such organisations make such expenditiu^s out of a general fxmd raised by dues, assess-
OMnt.. or other contributions. The percentage of the general fund which Is used for such expendlttu-es Indicates the percentage of dues,
anawments, or other contributions which may be considered to have been paid for that purpose. Therefore, in reporting receipts, such
organisations may specify what that percentage is. and report their dues, assessments, and other contributions on that basis. However,
each contributor of $500 or more Is to be listed, regardless of whether the contribution was made solely for legislative purposes.

(c) If This Rkfobt Is fob an Aoekt ob Kicplotee. — (1) In General. In the case of many employees, all receipts will come under Items
"D6" (received for services) and "DIS" (expense money and reimbursements). In the absence of a clear statement to the contrary, it
will be presumed that your employer is to reimburse you for all expenditures which you make in connection with legislative InteresU.

(U) Employer as Contrilnttor of $500 or More. — When your contribution from your employer (In the form of salary, fee. etc.) amounts
to $fi>00 or more. It is not neceMary to report such contribution under "D13" and "D14," since the amount has already been reported
under "D5." and the name of t^ "employer" ha. been given under Item "B" on page 1 of this report.

D. RacaxFrs (lKci.tn>ixG Ck>NTBiBCTioiu ako Loaks) :

Pill In every blank. If the answer to any numbered Item Is "None." write "None" In the space following the number.

Receipts (other than loan.) Contributors of $500 or more

1. g Dues and aMessments <'»"om Jan 1 through this Quarter)

a. $ Gifts of money or anything of value 13. Have there been such contributors?

3. $ Printed or duplicated matter received as a gift Pleaae answer "yes" or "no":

4. $ RecelpU from sale of printed or duplicated matter 14 iq xiie case of each contributor whose contributions (including

loans) during the "period" from January 1 through the last

6. g Received for services (e.g., salary, fee. etc.) ^ays of this Quarter total $500 or more:

6. t total for this Quarter (Add Items "1" through "6") ^^^^ ^^^^ ^^^^^ ^^^^ ^ ^^^^ approximately the size of this

7. $ Received during previous Quarters of calendar year PaK'- tabulate data under the headings "Amount" «id "W"ne and

f. w -JXI, *rr,wrs i«»i 1 throiTffh thi« oii«rt*r ( KAA "n" Addrcss of Contributor"; and Indicate whether the last day of the

8.$ TOTAL from Jan. 1 through this Quarter (Add 6 period is March 31. June 30, September 30, or December 31. Prepare

such tabulation In accordance with the following example:
Loans Received ^ ^ ^^ , ^ ^ ,^ ^

,„_. ^ , „ .. ., . , , J , .. a^^ on4/.\ Atnount Name and Address of Contributor

"The term 'contribution' Includes a . . . loan . . . — Sec. 30a(a). / . ,*

9. I... Total now owed to others on account of loans ("Period" from Jan. 1 through _ 18 )

10. I Borrowed from others diu-lng this Quarter $1,500.00 John Doe. 1621 Blank Bldg., New York, N.Y.

"• » -Repaid to others during this Quarter $1,785.00 The Roe Corporation, 3611 Doe Bldg.. Chicago, m.

12. • "Expense money" and Relmburwment. received thl.

Quarter $3,285.00 Total

Note ok Item "■." — (o) In Oeneral. "The term 'expenditure* Includes a payment, distribution, loan, advance, deposit, or gift of money
or anything of value, and Includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure" — Section

30a(b) of the Lobbying Act.

(b) If This Rkport I. fob ak Aoekt ob Bmploteb. In the case of many employees, all expenditures will come under telephone and
telegraph (Item "B«") and travel, food, lodging, and entertainment (Item "K7"^.

B. ExFOfDrrxnun (Ikclusikc Loak.) in connection with legislative Interests:

PUl In every blank. If the answer to any numbered Item Is "None." write "None" In the spaces following the nimiber.

Expenditures (other than loan.)

1. $ Public relations and advertising services

a. f Wage.. Mlarlea, fee., oommlwlon. (other than Item

"I")

8. $ out. or contributions made during Quarter

4. 8 Printed or duplicated matter. Including distribution

cost

Loans Made to Others

"The term 'expendltiu-e* Includes a . . . loan .

12. $ Total now owed to person filing

13. 8 Lent to others during this Quarter

14. 8 Repayment received during this Quarter

'-^«ec. 30a(b).

5. I Office overhead (rent, supplies, utllitie., etc.)

6. 8 Telephone and telegraph

7. I Travel, food, lodging, and entertainment

8. % All other expenditure.

». $ Total for thl. Quarter (Add "1- through "8")

10. % ...Expended during previous Quarter, of calendar year

15. Recipients of Expenditures of $10 or More

In the case of expenditures made during this Quarter by. or
on behalf of the person filing: Attach plain sheeU of paper
approximately the size of this page and tabulate data a. to
expenditures under the following heading: "Amount." "Date
or Dates," "Name and Addren of Recipient," "Piupose." Pre-
pare such tabulation In accordance with the following example:

Amount Date or Dates — Name and Address of Recipient — Purpose

$1,750.00 7-11: Roe Printing Co.. 3214 Blank Ave.. St. Louis.

Mo. — ^Printing and mailing circulars on the

"Marshbanks BiU."

$a,400.00 7-15 8-15. 9-16: Britten & Blatten. 3127 Gremlin Bldg..

Wadilngton. D.C. — ^Public relation,
service at $800.00 per month.

11. 8 Total from January 1 through this Quarter (Add "9"

and "10")

$4,150.00

PAon a

Total

318

CXDNGRESSIONAL RECORD — HOUSE

Jaimary $

1961

CONGRESSIONAL RECORD — HOUSE

319

A. y. J. Adducl. 610 Shoreham BuUdlxig,
WMhiagtoa, D.O. _

B. AmtomfMLom XndturtrtM AnoeUtlon of
Amartca. Ino^ SIO 8tior«liam Building.
Wuhlngton, DC.

D. (6) $SJ84. K (9) $2MM.

A. J. Oanoti Adkcraon. 976 National Prws
Buildup. Wari^ington. D.O.

A. Arthur F. AebMSold. 900 P Street NW..
Washington. D.O.

B. Retlremant Federatkm of CIyU Senrlce
Employees of the VS. Oovemment, 900 F
Btrert HW.. Washington. D.C.

D. (6) $1,756.37. B. (9) 944JW.

-JL Aerospace Induatrtea Association of
America. Inc.. 610 Shoreham Biilldlng,
Washington. D.C.

D. (0) 96.299.00. X. (9) 9«,a9S.0».

A. Aircraft Owners St PUots Association,
4060 Bast-West Highway. Bethesda. Md.

A. Air Transport Association of ijnerica.
1000 Connecticut Avenue NW.. Washington,
D.C.

D. (6) $2,343.48. X. (9) $3,243.48.

A. Louis J. Allen. 1121 NashvlUe Trust
BuUdlng, NashvUle, Tenn.

B. Class I railroads In Tennessee.

A. W. L. Allen, 8608 Cameron Street.
SllTer Spring. Md.

B. Commercial Telegraphers' Union. 8608
Cameron Street, Silver Spring. Md.

A. Amalgamated Association of Street,
Electric Railway & Motor Coach Employees of
America. 5035 Wisconsin Aven\ie NW.. Wash-
ington, D.C.

A. American Association of Port Authori-
ties. 601 Southern Btilldlng, Washington.
DC.

A. American Cancer Society, S31 West 57th
Street, New York City.
M. (9) 97.688.06.

A. American Cotton Bianufactxirers In-
stitute. Inc., 1601 Johnston BuUdlng,
Charlotte, N.C.

D. (6) $8,054.67. K. (9) $8,054.67.

A. American Farm Bureau Federation,

Merchandise Mart Plaza. Chicago, 111., and
435 13th Street NW.. Washington. D.C.
D. (6) $35,480. B. (9) $25,430.

A. American Federation of Labor & Con-
gress of Industrial Organizations, AFL-dO
Building. Washington. D.C.

X. (9) $32,921.90.

A. American Hospital Association. MO
North Lake Shore Drive, Chicago, ni.
D. (6) $14,742^)9. U. (9) $13,442.09.

A. American Hotel Association. 221 Wsst
67th Street, New York. N.T.

A. American Israel Public Affairs Commit-
tee. 1737 H Street NW.. Washington, D.C.
D. (6) $3,094.75. B. (9) $1,883.16.

A. American Justice Association, Inc.,
Poet Office Box 1387, Washington, D.C.
X. (9) $4.50.

A. American Legion National Head-
quarters. 700 North Pennsylvania Street,
Indianapolis, Ind.

D. (6) $1,349.98. E. (9) $19,877.78.

A. American Life Convention, 230 North
Michigan Avenue, Chicago, 111.
D. (6) •524.18. B. (9) $06.70.

A. American Medical ASM)ctatlon, 685
North Dearborn Street, Chicago. 111.
D. (6) $I0.00ft. X. (9) $I6j9t2.84.

A. American National Cattlemen's Asso-
ciation. 801 last 17th Avenue, Dsnvsr, Oolo.

D. (6) $11,306.33. X. (9) $8,780.

A. American Optometrlo AssoeUtlon. 9001
Jenkins Arcade, Pittsburgh. Pa.
D. (6) $2,600. E. (9) $5,018.14.

A. American Osteopathic AssocUtloa, 31S
Bast Ohio Street. Chicago. HI.
D. (6) $520.10. E. (9) $630.10.

A. American Paper ft Pulp AasociatloB, Ua
Bast 43d 81 rest, New York. N.Y.

A. American Parents Committee, Ine., 99
▼anderbllt Avenue. New York. N.Y., and 182
Third Street 8E.. Washington, DC.

D. (6) $11,736.42. B. (9) $2,866.14.

A. American Petroleum Institute. 1271
Avenue of the Americas. New York. N.Y.
D. (6) $10,376. X. (9) $9,469.

A. American Pulpwood Association, 220
Xast 42d Street. New York. N.Y.

A. American Retail Federation. 1146 19th
Street NW , Washington, DC.

D. (6) $<16,598 88. X. (9) $4,696.64.

A. American Short Llnf Railroad Associa-
tion. 2000 Massachusetts Avenue NW,. Wash-
ington, D.O.

D. (6) $1,608.77. m. (9) $1,608.77.

A. American Steamship Committee on
Conference Studies, 307 Barr Building, Wash-
ington. D.C.

X. (9) $2,616.76.

A. American Sugar Beet Industry Policy
Committee. 600 Sugar Building. Denver. Colo.

A. American Textile Machinery Associa-
tion. 60 Batterymarch Street. Boston. Mass.

A. American Tramp Shipowners Aaocia-
tlon, Inc., 11 Broadway. New York, N.Y.
D. (6) $600. X. (9) $4,529.16.

A. American Trucking Associations. Inc..
1616 P Street NW.. Washington, DC.
D. (6) $10,390.06. X. (9) $16,100.82.

A. AM\'BTS (American Veterans of World
War II). 1710 Rhode Island Avenue, Wash-
ington, DC.

B. (9) $l,78aJM).

A. American Toeatlonal Association, Inc..
1010 Vermont Avenue NW., Washington, D.O.

A. American Warehoiisemen's Association,
222 West Adams Street, Chicago, HI.

. ».,

A. Walter M. And«
Ala.

B. Alabama Railroad Aseoeiattflo. lOoa
First NatkMsal Bank mrtlrtlng. MontgoBMry.
Ala.

A. W. B. Ardery. Washington. DlC.

B. Oeneral Motors Corp., 3044 West Orand
Boulevard, Detroit. Mleh.

A. Area XmptoymeBt Xrpanstno Commit-
tee, 1144 Pennsylvania BuUdlng, Washing-
ton. D.C.

X. (9) $758.96.

A. J. Sinclair Armstrong. 4B Wall
New York. NY.

B United States Trust Co. of Vew Totfe, 46
Wall Street. New York. N.Y.

X. (9) $69.16.

A. Arnold, Fortas h Porter, 1229 19th Street
NW., Washington, DC.

B. Howard F. Knlpp. 8401 South Haxmees
Street, Baltimore, Md.

X. (9) $14.75.

A. Arthritis & Rhetimatiam Fovndatlon. 10

Columbus Circle, New York City.

B. (9) $1,348.30.

A. Associated Oeneral Contractors of Amer-
ica. Inc.. 20th * X Streets NW.. Washing-
ton, D.O.

A. Amorlcan Yugoslav Claims Committee,
61 West a7th Street. New York City. N.Y.
D. (6) •668. X. (9) $274.40.

A. America's Wage Earners' Protective
Conference. 816 16th Street NW., Washing-
ton. D.C.

D. (6) $1,276. B. (0) $1,188.04.

A. Jerry L. Anderson. 2000 Florida Avenue
NW.. Washington. DC.

B. National Rural Electric Cooperative As-
soclatkn. 3000 Florida Avenue NW.. Wash-
ington, D.C.

A. Samuel W. Anderson. 1026 Connecticut
Avenue NW., Washington, D.C.

B. Cerro de Pasco Corp., 800 Park Aven\ie,
New York, N.Y., and American Metal Ollmaz.
Inc., 1370 Avenue of the Americas, New York,
N Y

D. (8) 12,600. B. (9) |2S.

A. Associated Third Class Mall Users. 100
Indiana Avenue NW.. Washington. D.C.
D. (6) $6,418.77. E. (9) $6,418.77.

A. Association of American Physicians ft
Surgeons. Inc.. 196 North Wabaah A««n«e.
Chicago, m.

D. (6) $376. B. (9) $S7$.

A. Association of American RaOroads. 999
Transportation Building. Washington. D.O.
D. (6) $9,967.28. E. (9) $9,957.28.

A. Association of Casualty ft Surety Oca.. 00

John Street. New York. N.Y.

D. (6) $2,39«.73. X. (9) $3,396.72.

A. Association of Stock Exchange Finns.
120 Broadway. New York. N.Y.
X. (9) $166.80.

A. Association of Western Railways, 234
Union Station BuUdlng. Chicago, IlL
D. (6) $846.35. X. (9) $846.86.

A. Howard Atkins, 61 Xast 42d Street, Mew
York, N.Y.

B. National Association of Shoe Chain
Stores, Inc., 61 Best 43d Street. New York.
N.Y.

D. (6) $36. X. (9) $36.

A. A. V. Atkinson. 1935 K Street NW.,
Washington. D.O.

B. Commtinications Workers of America,
1926 K Street NW., Washington, D.C.

X. (9) $3,681.68.

A. Atlantic Refining Co., 360 South Broad
Street, Phlladelplila, Pa.
X. (9) $600.

A. Richard W. AverUl. 801 Sheraton Bund-
ing. Washington, D.C.

B. National Retail Merchants AssoclatlOP.
100 West 31st Street. New York, N.T.

X. (9) $141.06.

A. Charles X. Babcock, Route 2. Box 406,
Vienna. Va.

B. National Council, Junior Order United
American Mechanics, 325 North Broad Street,
Philadelphia. Pa.

D. (6) 6160. X. (9) 91.

ers of America. 2347 Vine Street, Cincinnati,
Ohio.

A. Harry 8. Baer, Jr., 1116 17th Street B. American Federation of Labor ft Con- A. Charles M. Boyer, 2617 Oonnectlcut

NW., Washington, D.C. gress of Industrial Organizations, 815 10th Avenue NW., Washington, D.C.

b! National Aeronautical Services Assoda- Street NW.. Washington, D.C. B. Reserve Officers Association of the

tlon, 1115 17th Street NW.. Washington. D.C. D. (6) $4,017. E. (9) $584.30. United States. 2617 Connecticut Avenue

D (6) $2,600. NW., Washington. D.C.

A. Walter J. Blerwagen, 900 F Street NW.,

A. Charles B. Bailey. Sr.. 2035 South Av- Washington, DC. A. Joseph E. Brady, 2847 Vine Street, Cln-
enue, Toledo, Ohio. B. Division 689, Amalgamated Association clnnatl. Ohio.

B. Brotherhood of RiUlway & 8t«am.«!hlp of Street. Electric Railway & Motor Coech b. International Union of United Brewery,
Clerks Freight Handlers, Express ft Station Employees of America. 900 F Street N*^.. Piour, Cereal, Soft Drink ft DlstlUery Work-
Employees. Washington. D.C.

D. (6) $626. E. (9) $576.12.

A. Hudson Blery, 4517 Carew Tower, Cln-

A. George P Baker, Soldiers Field Poet clnnatl. Ohio.
Office. Boston, Mass. B. Ohio Valley Improvement Association,

B. Transportation Association of America. Inc., 4517 Carew Tower, Cincinnati, Ohio.

A John A. Baker. A. Robert J. Bird, Esq., 1000 Connecticut

B Farmers' Educational ft Co-Operative Avenue, Washington. D.C.

Union of America, 1404 New York Avenue B. Hilton HoteU Corp.. 720 South Mlchl-

NW., Washington, D.C. gan Avenue, Chicago, HI.

D. $3,274.88. B. (9) |299X>6.

J A. David Bishop, 900 F Street NW., Wa«h-

A. Joseph H. Ball. 90 Broad Street, New lngton,D.C
ork NY B. Ditlsit

B American Steamship Committee on of Street. Electric Railway & Motor Coiich

Conference Studies, 207 Barr Building, Wash- Xmployes of America. 900 F Street NW..

ington. D.C. Washington. D.C.

A J. H. BaUew. Naihvllle. Tton. A. Henry J. Bison. Jr., 1317 F Street NW..

B. Southern SUtes Industrial Council. Washington. DC

A. Frank P. Brennan, Avoea, Iowa.

B. Iowa Power ft Light Co., Des Moines.
Iowa.

A. W. Kenneth Brew, 122 Bast 42d Street,
New York, N.Y.

B. American Paper & Pulp Association, 122
East 42d Street, New York. N.Y.

A. William N. Brlnker, 1729 H Street NW.,

York, NY. >r^"»^2? «»• Ap^^mated As«>ciatlon ^^^J^^' ° ^, scrap Iron ft St«.l. Inc.,

1729 H Street NW., Washington, D.C.
D. (6) $300. E. (9) $1.

Nashville, Tenn.
D. (6) $2,400.

A. Arthur R. Bamett, 1200 18th Street
NW., Washington. DC.

B. National Association of Electric Cos..
1200 18th Street NW., Washington. D.C.

D. (6) $1,286. E. (9) $68.59.

A. Homer L. Brlnkley. 1616 H Street NW..
Washington, D.C.

B. National Coimcll of Farmer Coapen-
tlves.

B. National Association of RetaU Grocers,
360 North Michigan Avenue, Chicago. 111.

D. (6) $3,000. E. (9) $987.

A. W. S. Bromley, 220 East 42d Street. New

A. John H. Blvius. 1271 Avenue of the York, N.Y.

Americas, New York, N.Y. B. American Pulpwood Association, 320

B. American Petroleum Institute, 1271 East 42d Street. New York, N.Y.
Avenue of the Americas. New York. N.Y.

D. (6) #550.

A. James C. Black. 1625 K Street NW..

A. George Bronz, 839 17th Street NW..
Washington, D.C.

B. Amity Fabrics, Inc., 12 West 32d Street,
New York, N.Y.

E. (9) $67.80.

A. WUllam O. Barr. 711 14th Street NW..
Washington. DC. «;„.»,(.,»♦«« r»n

B. National Parking Association, Inc., 711 ^^^^^;SS*-», p„„ T»*n„hiir Tiniid
14th Street NW.. Washlrgton. DC. ^^f ^J^f^^ ^^JJi. "^^"^ ' "^^"'"^ ^" ^'

A. Laurie C. BatUe. 918 16th Street NW.. ° <«> •«« * <!if^
Washington. D.C. ^ WUliam Rhea Blake, 1918 North Park-

B. National Association of Manufacturers. ^^^ Memphis. Tenn.

B. National Cotton CouncU of America,

A. John V. Beamer. 635 Valley Brook Lane, po^t office Box 9005, Memphis, Tenn.
Wabash. Ind. d. (6) $370.92. E. (9) $95.13.

B. Fine Hardwoods Association, 666 Ntwth ^^ m hi ♦ or-

^^ ^:i^'""- "^'"^^ ""• .J" ^1^^ "^'^u^J^^'"''- **^ ''"^ '^'"" ^ ' Na^S^lI^tSf Furniture Association.

D. (6) $800. Shore Drive, Chicago. HI

A. Milton E. Brooding, 215 Fremont Street.
San Francisco. Calif.

B. California Packing Corp., 215 Fremont
Street, San Francisco, Calif.

D. (6) $200. E. (9) $100.

A. Derek Brooks. 1028 Connecticut Avenue

A. JaoMS F. BeU. 730 Southon Building, A. WUllam Blum, Jr.. 1741 K Street NW.,
Washington. DC. Washington, D.C.

B. National Association of Supervisors of B. Committee for the Study of Revenue
State Banks. Munsey Building, Washington, Bond Financing. 149 Broadway, New York,
DC. N.T.

D. (6) 9600. D. (6) $284.05. X. (9) $11.40.

A. Rachel S. Bell. l"m Connecticut Avenue A. Eugene F. Bogan. 1108 16th Street NW.,

NW Washington DC Washington. DC.

b' LeglslatSVcommlttee of the Commit- B. National Association of Investment

tee for a National Trade Policy. Inc.. 1025 Cos • fi,^!?^*^' ^^^ ^°^^ "^•

Connecticut Avenue NW., Washington, D.C. "• <8) $1,600.

666 Lake Shore Drive, Chicago. lU.
D. (6) $600. E. (9) $982.36.

A. Hyman Bookbinder, 815 16th Street

NW.. Washington. D.C.

B. American Federation of Labor ft Con-

A. Jacob I. BcUow. 4338 East-West High-
way, Bethesda, Md.

B. American Federation of Government ^^g ^^ industrial OrganlzaUons, 815 16th
Employees. Lodge No. 12. Box 866^BenJamln g^^ j^ Washington, D.C.
--- ,-„ «.-.. «.„w. .__ r.« ^ ^^^ $3JI60. B. (9) $382.80.

A. Lyle H. Boren, Seminole, Okla.

B. Aasociatlwi of Western BaUways, 224
Union Station Building, Chicago, Dl.

D. (6) $230.12.

Franklin Station, Washington, D.C.
D. (6) $400. E. (9) $50

A. Ernest H. Benson, 400 First Street NW..
Washington, D.C.

B. &t>therhood of Maintenance of Way
Employees. 12050 Woodward Avenue. Detroit,
Mich.

D. (6) $4,500.

A. Brotherhood of Railway ft Steamship
Clerks, Freight Handlers, Express ft Station
Employes, 1015 Vine Street, Cincinnati, Ohio.

D. (6) $3,476.27. E. (9) $8,476.27.

A. Bryant C. Brown, 425 13th Street NW..
Washington, D.C.

B. American Mutual Instirance Alliance.

A. J. D. Brown, 019 18th Street NW.. Wash-
ington. D.C.

B. American Public Power Association. 919
18th street NW., Washingtcm. D.C.

D. (6) $76.

A. Brown ft Lund, 1625 I Street NW., Wash-
ington. D.C.

B. American ft Foreign Power Co., Inc.. 100
Church Street, New York. N.Y.

D. (6) $876. B. (9) $107M.

A. Brown ft Lund, 1625 I Street NW.. Wash-

A. R. T. Borth, 777 14th Street NW.. Wash- *°|f°S,°f„
Ington, D.C.
B. General Electric Co.. 670 Lexington

A. Bergson ft Borkland. 918 16th Street Avenue, New YcH-k. N.Y.
NW. Washington. D.C. D. (6) $375. X. (9) $540.69.

B. Freeport Sulphur Oo., 161 Bast 43d „. w. _* t^^

Street, New York, NT. A. G. Stewart Boswell. 602 Ring Building. Washington. DC

E. (9) $0.76. _ ^r^ffiSj'Sotton CouncU of America, A<^u1irn;r270 Madison Avenge. New York

Nw/wSrng'ton%"c.'"' '" '"^ "*""* ^' -"«- ^T/o^'SC' '^"°- ""L O •"S. X. (9) $60.56.

B. National Association of Electric Cos.,
1200 18th Street NW.. Washington. D.C.
D. (6) $737.60. E. (9) $7374>7.

A. Lyman L. Bryan, 2000 K Street NW.,
Washington, D.C.

B. American Institute of Certified Public

D. (6) $360, X. (9) $2.53.

■tnci

f^nMnPFQQinMAT HVmQTi

HriTTCU

591

320

CONGRESSIONAL RECORD — HOUSE

January 6

11

I

A. OMTg* 8. Bock, Jr.. FMt Office Box 9906.
MemphlB. Tenn.

B. Itatlonal Ooiton CouncQ of America,
Pwt oace BoK 9006. MempHls. Twm.

D. (6) $144. m. (9) «a.74.

A. Balgsrlan Claim Committee. 94 Bedc-
man Street. New York. N.Y.
M, (9) 980J8.

A. Oeorse J. Burger. 360 West 67tta Street.
New York, N.Y., and 740 Waahlngton Build-
ing. Washington. D.C.

B. Burgo' Tire Consultant Service. 960
West 6Ttli Street. New York, NY., and Na-
tional Federation of Independent Business,
740 Washington Building. Washington, DC.

A. George B. Bumham, 132 Third Street
SB, WashlngtoB, D.C.

B. Numerous stockholders of the Bumham
Chemical Co., 133 Third Street 8E.. Washing-
ton. DjC.

D. (8) $187. S. (9) $187.

A. P. Hugh Bums, 821 Cafrlti Building.
Washington. D.C.

B. Great Lakes-St. Lawrence Association.
821 CafrlU Building. Washington, D.C.

D. («) rJ.700. B. (0) $31.

A. Ifaurloe G. Bumslde. 1301 lOth Street
NW.. Washington, D.C.

B. Division of Legislation A Federal Rela-
tions of the National Education Association
of the United States. 1201 16th Street NW..
Washington. D.O.

D. (6) $2,937.48. B. (9) $86.80.

A. David Burpee. Fordbook Farms. Doyles-
town. Pa.

A. Robert M. Burr. 106 Mansfield Avenue.
Darlen, Conn. r

B. National Electrical Manufacturers As-
sociation. 166 Bast 44th Street. New York.
K.Y.

A. Orrln A. Burrows, 1200 l&th Street NW^
Washington, DC.

B. International Brotherhood of Electrical
Workers, 1200 16th Street NW.. Washington,
D.C.

D. (6) $3,750.

A. Hollls W. Burt. 1213 Munsey Building,
Washington, D.C.

B. National Association of 8ui>ervlsor8 of
State Banks. 1212 Munsey Building, Wash-
ington, D.C.

D. (6) $44.60.

A. C. G. Caffrey. 1146 19th Street NW..
Washington, D.C.

B. American Cotton Manufacturers Insti-
tute. Inc., 1501 Johnston Building. Charlotte,
1V.O.

A. Gordon L. Calvert, 428 13th Street NW.,
Washington. D.C.

B. Investment Bankers Association ot
America. 425 13th Street NW.. Washington,
D.C.

D. (0) $800. B. (9) $396.08.

A. Carl C. Campbell. 602 Ring Building.
Washington, D.C.

B. National Cotton Council ot America.
Post Office Box 9906, Memphis, Tenn.

D. (6) $27.27.

A. James A. Campbell. 900 F Street MW.,
Washington, D.C.

B. American Federation of Government
Employees. 900 F Street NW., Washington.
D.C.

D. (8) $2.94231. E. (9) $2»4.23.

A. J\tdy Owllle. 229 Shoreham Building,
Washington, D.O.

B. National CouiMel Aesoelatea. 239 Stkore-
ham Building. Washington. D.O.
D. (6) $300. B. (9) $190.07.

A. John T. Carlton and M. H. Manchester.
2617 OonnecUcut Avenue NW.. Washington.

DC.

B. Reserve Officers Assoclatloa at the
United Stetas. 2617 Connecticut Avenue NW..
Washington. D.O.

A. Braxton B. Carr. 1035 Connecticut Ave-
nue. Washington. DjC.

B. American Waterways Operators. Inc.,
1026 Connecticut Avenue. Washington. D.C.

D. (6) $1,636. B. (9) $436.93.

A. Robert S. Carr. 1330 Pennsylvania

Building, Washington, D.C.

B. Hiram Walker * Sons. Inc.. 8326 But
Jefferson Avenue. Detroit. Mich.

A. Henderson B. Carson. 600 Flr«t Na-
tional Bank BuUdlng. Canton. Ohio, and
744 Pennsylvania Building. Washington.
D.C.

B. Bast Ohio Gas Co., 1717 Bast Ninth
Street. Cleveland. Ohio.

D. 16) $1,000. B. (9) 630.

A. Albert S. Carter. Mayflower Hotel.
Waflhlngton, D.C.

B Pacific Gas 4k Blectrle Co.. 346 Market

Street. San Francisco. Calif.

D. (6) $4,500. E. (9) $1,026.84. .

A. WlUlam L. Carter. 1106 Barr Building.
Washington, D.C.

B. International Association of loe Cream
Manufacturers.

B. (9) $7.66.

A. Francis R. Cawley, 1101 Vermont Ave-
nue. NW.. Washington. D.C.

B. Magazine Publishers Association. Inc.,
444 Madison Avenue. New York. N.Y.

D..(e) $600. B. (9) $183.3$.

A. Chamber of Commerce of the United
States of America. 1618 H Street NW.. Wash-
ington. D.C.

A. Justice M. Chambers. 3631 Connecticut

Avenue NW.. Washington. D.C.

B. Greg-Gary Corp.. 7 Park Avenue.. New
York. K.T.

D. (8) $7,600.

A. Chartteble Contributors Association.
100 Old York Boad. Jenklntown. Pa.

B. (9) $400.

A. Christian Amendment Movement, 804
Penn Avenue, Pittsburgh. Pa.

D. (6) $3.396i)5. B. (9) $4.17SJ1.

A. Cltisens Foreign Aid Committee, 1101
Connecticut Arenue NW., Washington, D.O.

A. Charlca Patrick Clark. 600 World Cen-
ter Building. Washington. D.O.

B. B. Rapaport ft Son. Inc.. Central 8tr«e$»
Post Office Bdk 100. Windsor, Conn.

D. (6) $6,000.

A. Barl W. Churk. 133 Third Street 8E..
Washington, D.C.

B Labor-Management Maritime Commit-
tee, 133 Third Street 8E., Washington. D.C.

D. (6> $900. B. (9) $136.30.

A. Oleary. GottUeb. Steen * BaU, SoutlMm
Building, Washington, D.O.

B. Sporting Arms A Ammunition lianu-
facturera' InsUtute. 360 Bast 43d Street, New
York. NY.

D. (0) $1,000. B. (9) $10.

A Joseph Coakley. 816 16th Street NW..

Washington. DC.

B. Building Service Employees XnteraA-
tlonal Union. 156 North Wacker Drive. Chi-
cago. HI.

D. (0) $2,800.

A. A. O. Cocke. 821 Gravler Street. Mew
Orleans. La.

B. American Steamship Committee on
Conference Studiee. 307 Barr Building. Wasli-
ington. D.C.

A. Edwin A. Cohen. 3$ Broadway, Me«
York. NY.

B. National Association of Xnvestaaent
Cos.. 01 Broadway. New York, N.T.

D. (0) $4,000. B. (9) $88.46.

A Colas h Goertner, 1000 ConnacUcut
Avenue NW.. Washington. D.C.

B. American Tramp Shipowners Associa-
tion. Inc.. 11 Broadway. Mew York. M.T.

K. (9) $168.56.

A. Coles A Goertner, 1000 Oonneetlcut
Avenue NW.. Washington. D.C.

B. Committee of Ameriean Tanker Own-
ers. Inc.. 1411 K Street NW, WashlngtOik D.C.

B (9) $317.67.

A. Committee for Broadening Commercial
Bank Participation in Public Financing. 1025
Connecticut Avenue NW, Washington, D.C.

A. Committee on Cooperattvs Adverttstng.
670 Lexington Avenue. New York. M.Y.

A. Committee To Strengthen the Frontiers
ot Fteedom. 1025 Connecticut Avenue. Waah-
Ington. D.C.

B. (9) $6,833.28.

A. Committee for Stndy of Revenue Bond
Financing. 149 Broadway. New York. N.T.
E. (9) $683.3«.

A. Conmilttee To Support XJM. Oongreee
Bill Creating a Commission on Obscene Mat-
ters and Materlala. 18 Laurel AvaotM, Old

Bridge. NJ.
D. (8) $60.

A. R. T. Compton.

B. National Association of Manufacturers,
918 16th Street NW., Washington, D.O.

A. Robert M. Clark. 1710 H Street NW..
Washington, D,C.

B. Atchison, Topeka A Santa Fe Railway
Co.. 80 East Jackson Boulevard. Chicago. IlL

A. Clear Channal Broadcasting Service,
.532 Shoreham Building. Washington. D.C.

A. John O. Cone. 818 10m
Waahinston. D.C.

B. Pan American World Airways. 816 l§tk
Street NW.. Waahlngton. DC.

A. Julias D. Oonorer. Blng Building. Wash-
ington. D.C.

B. Amertean Mining Oonvees. Ring BuUd-
lng. Washington. D.C.

D. (6) $1,000. B. (8) $840.

A. Orval R. Cook. 610 Shoreham Building,
WMhington. D.C.

B. Aerospace Indxistries Association ot
Aaaerlca. Inc.. 610 Shoreham Building, Wash-
ington, D.C.

A. J. MUton Cooper, 1100 Bowen Building.
Washington. D.C.

B. New York Stock Exchange. II WaU
Street, New Twk. N.T.

A. J. MUton Cooper, 1100 Bowen BuUdlnf.
Washington, D.C.

B. R. J. Reynolds Tobacco Co., Wlnston-
Salem. N£.

1961

CONGRESSIONAL RECORD — HOUSE

321

A. Mitchell J. Cooper, 188t K Street MW.,
Washington. D.C.

B. Manufaotiirers' Asaodation ot Puerto
Rico. San Juan. P.B.

D. (6) $833.

A. Bdward J. Ooxighlln. 900 F Street NW..
Washington. D.C.

B American Federatiaii of Tecihnlcal Bngl-
neers 900 F Street NW .. Washington. DO.

D. (8) $195. E. (9) $20.

A. Council or Cocservatlonlste. Inc.. 10
East 40th Street. New York. N.T.

B. Fred Smith A Co., Inc.. 10 Bast 40th

Street. New York, M.T.

A. Council of Meclianlcal Specialty Con-
tracting Induatrtes. Inc., 610 Ring BuUding.
Washington. D.C.

A Donald M. Counlhan. 1000 Connecticut
Avenue. Washington. DC.

B. American Com Millers' Federation. 1000
Connecticut Avenue. Waahlngton, D.O.

jL Donald M. Ooonlban. 1000 Connecticut
i^venue. Washington, D.C.

B. Classroom Periodical Publishers As-
socUtion. 80 West Fifth Street. Dayton. Ohio.

A. Bdaall Lee CoupUn. 441 last Jefferson
Avenue. Detroit. Micli.

B. Michigan Hospital Service. 441 East
Jefferson Avenue. Deizott. Mich.

D. (8) $1,600. B. (9) $3.

A. Covington A Burling. 701 Union Trust
Building. Washington. D.C.

B. American Can Co.. 100 Park Avenue.
New York. NY.

B. (9) $38.60.

A Covington A Burling. 701 Union Trust
BuUdlng, Washington. D.C.

B. Committee on Joint Resolution 1988
Legislature. Poet Office Box 8170. Honolulu.
Hawaii.

A. Covington A Burling. 701 Union Trust
Building. Washington. D.C.

B. Copper A Brans Research Association.
430 Lexington Avenue. Mew York. M.Y.

^■— r

A. Covington A Burling. 701 Union Trust
BuUdlng. Washington. D.C.

B. National Machine Tool Builders' As-
sociation. 3139 Wisconsin Avenue NW.. Wash-
ington. D.C.

A. A. M. Crawford, 704 TlUe A Trust Build-
ing. Phoenix. Arls.

B. Southern Pacific Co.. 65 Market Street.
San Francisco. Calif., and the Atehlson.
Topeka A Santa Fe RaUway. 121 Bast Sixth
Street. Los Angeles. Calif.

D. (6) $150.

A. WlUiam A. Cromartie. 1 North LaSalle
Street. Chicago. III.

B. Singer Manufacturing Co.. 149 Broad-
way. New York. N.Y.

E. (9) $160.70.

A. H. C. Crotty. 13050 Woodward Avenue.
Detroit, Mich.

A. Paul Cunningham. 676 Madison Avenue,
New York. N.Y.

B. American Society of Composers. Au-
thors and Publishers. 576 Madison Avenue,
New York. N.Y.

A. Bryce Curry. 907 Ring Building. IBth
& M Streets NW.. Washington. D.C.

B. National League of Insured Savings As-
sociations. 907 Ring Building. 18th A M
Streets NW.. Washington. D.C.

D. (6) $950.

CVII — ai

A. Bernard Cushman, 5025 Wisconsin Ave-
nue NW.. Washington. D.C.

B. Amalgamated Association of Street.
Electric Railway A Motor Ooach Employees
of America, 5025 Wisconsin Avenue NW..
Washington, D.C.

A. John R. Delton, 1506 Merchants Bank
Building. Indianapolis. Ind.

B. Associated Railways of Indiana. 1508
Merchants Bank Building, Indianapollt , Ind.

A. D. C. Daniel. 1627 K Street NW., Wash-
ington. D.C.

B. National Independent Dairies Associa-
tion, 1627 K Street NW., Washington, D.C.

A.. John C. Dett. 435 13th Street NW..
Washington, D.C.

B. American Farm Bureau Federation, 2300
Merchandise Mart, Chicago, Hi.

D. (6) $687.60. E. (9) $15.89.

A. Charles W. Davis, 1 North LaSalle
Street, Chicago, lU.

B. Scars. Roebuck A Co.. 936 South Homan
Avenue. Chicago. lU.

E. (9) $257.69.

A. Charles W. Davis. 1 North La Salle
Street, Chicago. Bl.

B. dinger Manufacturing Co.. 149 Broexl-
way. New York. N.Y.

B. (9) $160.70.

A. Dawson. Griffin. Pickens A Rlddell, 731
Washington Building. Washington, D.C.

B. American Industrial Bankers Associa-
tion, 831 Washington Building, Washington,
D.C.

A. Dawson, Grlffln. Pickens A Rlddell. 731
Washington BiiUdlng. Washington, D.C.

B. Laxindry-Dry Cleaning Association of
D.C. 3400 16th Street NW., Washington, D.C.

D. (8) $260.

A. Michael B. Deane. 1411 K Street NW..
Washington. D.C.

B. Comlslon de Defensa del Agucar y
Fomento de la Cana. 1825 Connecticut Ave-
nue NW.. Washington. D.C.

O. (6) $14,000. E. (9) $388.88.

A. Michael B. Deane, 1411 K Street NW.,
Washington, D.C.

B. Independent Airlines AssodatioQ. 1411
K Street NW.. Washington, DC.

A. Michael B. Deane. 1411 K Street MW..
Washington. D.C.

B. Ronson Corp.. 1 Ronson Road, Wood-
bridge, N.J.

D. (6) $2,000. E. (9) $33.30.

A. Michael B. Deane, 1411 K Street NW.,
Washington, D.C.

B. U.S. Poultry A Egg Producers Associa-
tion. 1411 K Street NW.. Washington. D.C.

A. Tony T. Dechant.

B. Farmers' Educational A Co-Operatlve
Union of America. 1575 Sherman Street. Den-
ver. Colo., and 1404 New York Avenue NW..
Washington, D.C.

A. Richard A. IMll. 2000 Florida Avenue
NW., Washington, D.C.

B. National Rural Electric Cooperative As-
sociation, 2000 Florida Avenue NW.. Wash-
ington. DC.

D. (6) $4ia6.

A. Mary S. Deuel. 3026 Cambridge Place
NW., Washington. D.C.

B. Washington Home Rule Committee,
Inc. 924 14th Street NW, Washington. D.C.

D. (6) $438.54.

A. Joe T. XXckeison. 1825 K Street NW,
Washington. D.C.

B. BCd-Conttnent Oil A Gas Association,
300 Tulsa BuUding. Tulsa, Okla.

A. CecU B. Dickson. 1523 L Street NW..
Washington, D.C.

B. American Medical Association, 5S5 North
Dearborn Street, Chicago. 111.

D. (6) $1,125. E. (9) $211.46.

A. •nmothy V. A. DUlon, 1001 15th Street
NW., Washington, D.C.

B. Sacramento Yolo Port District, 706 Cali-
fornia Fruit Building. Sacramento, Calif.

D. (6) $2,744.70. E. (9) $119.70.

A. Timothy V. A. DUlon. 1001 15th Street
NW., Washington. D.C.

B. Westlands Water District, Poet Office
Box 4006, Fresno, Calif.

D. (6) $3,304.25. E. (9) $304.25.

A. Disabled American Veterans. 6555 Ridge
Avenue, Cincinnati, CMilo.

E. (9) $1,986.86.

A. Disabled Officers Association, 1812 K
Street NW., Washington, D.C.
E. (9) $3,750.

A. District Lodge No. 44. International As-
sociation of Machinists. 400 First Street NW,
Washington. D.C.

D. (6) $18.189A1. B. (9) $184S2938.

A. Division 680. Amalgamated Association
of Street. Electric Railway A Motor Coach
Employees of America, 900 F Street NW,
Washington. D.C.

E. (9) $41.90.

A. Division of Legislation A Federal Rela-
tions of the National Education Association
of the United States, 1201 10th Street NW,
Washington, D.C.

E. (9) $11,197.04.

A. WiUiam C. Doberty. 100 Indiana Avenue
NW.. Washington, D.C.

B. National Association ot Letter Carriers.
100 Indiana Avenue NW.. Washington. D.C.

D. (6) $3,125.

A. Robert C. Dolan. 1200 18th Street NW,
Washington, D.C.

B. National Association of Electric Cos,
1200 18th Street NW., Washington, D.C.

D. (6) $300. E. (9) $66.87.

A. Paul R. M. Donelan. 1528 L Street NW,
Washington, D.C.

B. American Medical Association, 535
North Dearborn Street, Chicago, lU.

D. (6) $300. E. (9) $3.50.

A. James L. Donnelly. 200 South Michigan
Avenue. Chicago. lU.

B. Illinois Manvifacturers* Association, 200
South Michigan Avenue. Chicago. HI.

A. Donoghue, Ragan & Mason, 239 Wyatt
BuUding. Washington. D.C.

B. California Shipping Co.. 820 Market
Street. San Francisco. Calif.

B. (9) $45.28.

A. Robert P. Donoghue, 239 Wyatt BuUd-
lng, Washington, D.C.

B. Pacific American Tankship Association,
25 California Street. San Francisco, Calif.

D. (8) $1,624.99.

A. Thomas J. Donovan, 156 East 44th
Street. New York, N.Y.

A. J. Dewey Dorsett, 60 John Street, New
York. N.Y.

D. (6) $127.50.

322

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

323

I

ii

A. Jasper N. DorMy, 1001 Connecticut Ave-
nue NW., Washington, D.C.

B. Southern Bell Telephone & Telegraph
Co., Hurt Building, Atlanta, Oa.

D. (6) $46.25.

A. C. L. Dorson, 900 P Street NW., Wash-
ington, D.C.

B. Retirement Federation of Civil Service
Employees of the n.S. Qovernment, 900 F
Street NW., Washington. D.C.

D. (6) •1,862.02. ■. (9) $00.

A. Fred H. Dressier, Box 188. OardnerviUe,
Nev.

B. American National Cattlemen's Asso-
ciation, 801 East 17th Avenue, Denver. Colo.

A. Ben DuBols.

B. Independent Bankers Association, Sauk
Centre, Minn.

A. Stephen M. DuBrul. 11-134 General
Motors BiUlding, Detroit, Mich.

B. General Motors Corp., 3044 West Grand
Boulevard. Detroit, Mich.

A. Read P. Dunn, Jr., 502 Ring Building,
Washington, D.C.

B. National Cotton Council of America,
Poet Office Box 9905, Memphis, Tenn.

A. William E. Dunn, 20th and E Streets
NW., Washington, D.C.

B. Associated General Contractors of
America, Inc., 20th & E Streets NW., Wash-
ington, D.C.

A. Henry I. Dworshak, 1102 Ring Building,
Washington, D.C.

B. American Mining Congress, Ring Build-
ing, Washington, D.C.

D. (6) teoo.

A. Eastern Meat Packers Association, Inc.,
740 11th Street NW.. Washington. D.C.
D. (6) 182.63. E. (9) $39.14.

A. Herman Edelsberg, 1640 Rhode Island
Avenue NW.. Washington. D.C.

B. Antl-Defamatlon League of B'nai B'rlth,
SIS Madison Avenue, New York, N.T.

D. (6) $140. E. (9) $15.

A. James B. Ehrllch, 1000 Connecticut Ave-
nue NW., Washington, D.O.

B. Air Transport Association of America.
1000 Connecticut Avenue NW.. Washington,
D.C.

D. (6) $350. E. (9) $48.50.

A. Myron O. Ehrllch, 401 Third Street
NW., Washington. D.C.

B. Marjory Hendricks, 2700 F Street NW.,
Washington, D.C.

A. John M. Elliott. 5025 Wisconsin Avenue
NW., Washington. D.C.

B. Amalgamated Association of Street.
Electric Railway & Motor Coach Employees
of America, 5025 Wisconsin Avenue NW..
Washington, D.C.

A. Clyde T. Ellis, 2000 Florida Avenue NW.,
Washington. D.C.

B. National Rural Electric Cooperative As-
sociation. 2000 Florida Avenue NW., Wash-
ington, D.C.

D. (6) $31.25.

A. Otis H. Ellis, 1001 Connecticut Avenue
NW.. Washington. D.C.

B. National OH Jobbers Council. 1001 Con-
necticut Avenue NW.. Washington, D.C.

D. (6) $12,000.

A. Perry R. Ellsworth, 1145 19th Street
NW.. Washington, D.C.

B. Milk Industry Foundation, 1145 19th
Street NW., Washington. D.O.

D. (6) $200. B. (9) $6.

A. Ely. McCarty & Duncan. 1200 TOwer
Building. Washington. D.C.

B. American Public Power Association, 919
18th Street NW., Washington, D.C.

A. Ely, McCarty & Duncan. 1200 Tower
Building, Washington, D.C.

B. Department of Water tc Power of the
City of Los Angeles, 207 South Broadway.
Los Angeles, Calif.

D. (6) $2,400.

A. Ely. McCarty & Duncan, 1200 Tower
Building, Washington. D.C.

B. East Bay Municipal Utility District, 2130
Adeline Street, Oakland, Calif.

D. (6) $2,100.

A. Ely. McCarty ft Duncan, 1200 Tower
Building, Washington, DC.

B. Imperial Irrigation District, El Centro,
Calif.

D. (6) $2,100.

A. Ely, McCarty & Duncan, 1200 TDwer
Building, Washington. D.C.

B. Palo Verde Irrigation District, Blythe,
Calif.

A. Ely. McCarty & Duncan, 1200 Tower
Building, Washington, D.C.

B. Six Agency Committee and Colorado
River Board of California. 909 South Broad-
way. Los Angeles. Calif.

D. (6) $4,968.75. E. (9) $11.08.

A. John W. Emelgh. 1040 Warner Building.
Washington, D.C.

B. National Rural Letter Carriers' Asso-
ciation. 1040 Warner Building, Washington,
D.C.

D. (6) $958.38. E. (9) $9.20.

A. Miles W. English. 966 National Press
Bxiilding, Washington, D.C.

B. National Highway Users Conference,
Inc., 966 National Press Building, Washing-
ton, D.C. J ^

A. Family Tax Association, 3110 Glrard
Trust Building, Philadelphia, Pa.
D. (6) $9,900. E. (9) $3,590.28.

A. Farmers' Educational A Co-Operative
Union of America, 1575 Sherman Street,
Denver, Colo., and 1404 New York Avenue
NW., Washington, D.C.

D. (6) $32,342.68. B. (9) $22,161.07.

A. Bonner Fellers, 1001 Connecticut Ave-
nue NW.. Washington. D.C.

B. Citizens Foreign Aid Commltte*.

A. John A. Ferguson, 918 16th Street NW.,
Washington, D.C.

B. Independent Natural Gas Association
of America, 918 16th Street NW., Washington,
DC.

D. (6) $437.50.

A. Joslah Ferris. 510 Union Ttust Build-
ing, Washington, D.C.

B. American Sugar Cane Z/eague, New
Orleans, La.. United States Sugar Corp.,
Clewlston, Fla., and Okeelanta Sugar Re-
finery, Inc., South Bay, Fla.

O. (6) $6,349.98.

A. John B. Fisher, 1925 K Street NW.,
Washington, D.C.

B. Bangor & Aroostook Railroad, Bangor,
Maine.

A. John B. Fisher, 1925 K Street NW.,
Washington, D.C.

B. C. H. Sprague tc Son Co., 125 High
Street, Boston, Mass.

A. Berchmans T. Fltzpatrlck, 1026 Con-
necticut Avenue NW., Washington. D.C.

B. Wood, King, Dawson * Lofan, 48 Wall

Street, New York. N.Y.

A. Norman A. Flanlngam, 425 18th Street
NW., Washington, D.C.

B. Consolidated Natural Gas Co., 80 Rocke-
feller Plaza. New York, N.Y.

A. Roger Fleming, 425 18th Street NW.,
Washington. D.C.

B. American Farm Bureau Federation, 2SO0

Merchandise Mart. Chicago. 111.

D. (6) $1328.13. E. (9) $16.

A. Florida Citrus Mutual, Lakeland, Fla.

E. (9) $1,806.35.

A. Florida Inland Navigation District,
Citizens Bank Building, Bunnell, Fla.

A. Florida Ship Canal Navigation District.
730 Florida Title Building. JackaonviUe, Fla.

A. Fluorspar Consumers Committee, 40
Rector Street, New York. N.Y.

A. Foreign Policy Clearing House. 800 In-
dependence Avenue SB.. Washington. D.C.

A. James W. ForUtel, 1533 L Street NW..
Washington. D.C.

B. American Medical Association. 635
North Dearborn Street. Chicago, HI.

D. (6) $875. B. (9) $61.42.

A. James F. Fort. 1616 P Street NW .
Washington. D.C.

B. American Trucking Assoclatlona, Inc..
1616 P Street NW.. Washington, D.C.

D. (6) $500. E. (9) $110.45.

A. Ronald J. Foulls. 1001 Connecticut
Avenue NW.. Washington. D.C, and 195
Broadway. New York. N.Y. '

B. American Telephone & Telegraph Co.,
195 Broadway, New York, N.Y.

A. Robert W. Frase. 130 Jefferson Place
NW.. Washington. D.C.

B. American Book Publishers Council. Inc.,
24 West 40th Street. New York. NY.

D. (6) $800. B. (9) $1,075.65.

A. Robert W. Prase, 1820 Jefferson Place
NW.. Washington. D.C.

B. National Postal Committee for Educa-
tional & Cultural Materials. 24 West 40th
Street. New York. N.Y.

A. W. E. Fravel. 400 First istreet NW . Wash-
ington. D.C.

B. Brotherhood of Railroad Traliunen.

A. Elmer M. Freudenberger. 1701 IStta
Street NW.. Washington. D.C.

B. Disabled American Veterans, 5555 Ridge
Avenue. Cincinnati. Ohio.

E. (9) $1,986.86.

A. Philip P. Friedlander. Jr., 1843 L Street
NW.. Washington. DC.

B. National Tire Dealers & Ratreaden Aaao-
ciation. Inc.. 1343 L Street NW., Washington,
DC.

A. Frlpnds Committee on National Legisla-
tion. 245 Second Street NE., Washington,
DC.

D. (6) $10,690.17. B. (9) $6,986.38.

A. Garrett Puller, 8S6 Wyatt BuUdlng.
Washington. D.C.

B. West Coast Steamship Co.. 601 Board
of Trade Building. Portland, Oreg.

A. Wallace R. Pulton. 1707 H Street NW.,
Washington, D.C. ^

B. National Association of Sec\irltles Deal-
ers. Inc.

A. Lawrence H. OaU. 91$ 16Ui Street NW^
Washington, D.C.

B. Independent Natural Gas Association of
America. 918 16th Street NW., Washington.

DC.

D. (6) $457.50.

A. M. J. Galvin, 207 Union Depot Building.
St. Paul. Minn.

B. Minnesota Railroads.

D. (6) $500. E. (9) $727.97.

A. Earl H. Gammons. 1735 DeSalcs Street
NW., Washington. D.C.

A. Gardner. Morrison & Rogers. 1126 Wood-
ward Building. Washington. D.C.

B. Bigham. Englar, Jones ft Houston. 99
John Street. New York City, and Shoreham
Building. Washington, D.C.

E. (9) $11.58.

A. Marion R. Oarstang, 30 P Street NW..
Washington. D.C.

B. National Milk Prodneers Federation. 30
F Street NW.. Washington. D.C.

D. (6) $10.

A. Oa« Appliance Ifanufacttirers Associa-
tion. Inc., 60 East 42d Street, New York, N.Y.

A. J. M. George. 165 Center Street. Winona.

Minn.

B. Inter -State Manufacturer's Association,
163-165 Center Street. Winona. Minn.

D. (6) $1,600.

A. J. M. George. 165 Center Street. Winona,
Minn.

B. National Association of Direct Selling
Cos.. 163-165 Center Street. Winona, Minn.

D. (6) $3,000.

A. Ernest Glddlngs. 1201 16th Street NW..
Washington. D.C.

B. Division of Legislation and Federal Rela-
tions of the National Bducatlon Association.

D. (6) $1,630. E. (9) $31.56.

A. Joseph S. Gill, 16 Bast Broad Street,
Columbus. Ohio.

B. Ohio Railroad AssodaUou, 16 Bast
Broad Street. Columbus. Ohio.

E. <8) $176.44.

A. Lelf OlUtad. 1710 H Street NW.. Wash-
ington. D.C.

B. Tranaportatkm Anoclatlon of America.

A. Lawrence L. Gourley. 1757 K Street NW..
Washington. D.C.

B. American Osteopathic Association. 312
Bast Ohio Street. Chicago, HI.

D. (6) $375.

A. Government Employees' Council. 100
Indiana Avenue NW.. Washington, D.C.
D. (6) $11,000.39. B. (9) $6,792.25.

A. Government Relations Committee of
the Office Equipment Manufacturers Insti-
tute, 777 14th Street NW., Washington. D.C.

A. James L. Orahl, 919 18th Street NW.,
Washington. D.C.

B. American Public Power Assoclatton,
9:9 18th SUeet NW.. Washington. D.C.

D (6> $50.

A. Grain ft Feed Dealers National Associa-
tion. 400 Fblger Building. Washington, D.C.

B. (9) $11.

A. Grand Lodge of the Brotherhood of
Locomotive Firemen ft Enginemen, 400 First
Street NW.. Washington. D.C^ and 818-418
Keith Building. Cleveland. Ohio.

D. (6) $15,763. B. (9) $16,865.88.

A. Mrs. Bdward R. Gray. 3501 Williamsburg
Lane NW., Washington, D.C.

B. National Congress of Parents ft Teach-
ers, 700 North Rush Street, Chicago, DL

A. Virginia M. Gray. 3501 WUllamsbnrg
Lane NW., Washington, D.C.

B. Citizens Committee for UNICEF, 132
Third Street SE.. Washington, D.C.

D. (6) $225. E. (9) $32.40.

A. Jerry N. Griffin. 731 Washington Build-
ing. Washington. D.C.

B. American Indxistrial Bankers Associa-
tion. 813 Washington Building. Washington,
DC.

A. Jerry N. Griffin. 731 Washington Build-
ing. Washington, D.C.

B. CJ.T. Financial Corp., 8S0 Madison
Avenue, New York, N.Y.

A. Jerry N. Griffin. 731 Washington Build-
ing. Washington, D.C.

B. Mutual Benefit Health ft Accident As-
sociation, Omaha. Nebr.

A. Weston B. Grimes, 1001 Bowen Build-
ing. Washington, D.C.

B. CargUl, Inc., 200 Grain Exchange, Min-
neapolLs, Minn.

D. (6) $6,000.

A. Gayle Gupton. 532 Shoreham Building.
Washington, D.C.

B. Clear Channel Broadcastinc Service,
532 Shoreham BuUdlng. Washington, D.C.

A. Frank B. Haas, 230 Union Station Build-
ing, Chicago. 111.

B. Association of Western RaUways, 224
Union SUtlon BuUdlng. Chicago, m.

D. (6) $256.44. E. (9) $350.79.

A. Hoyt S. Haddock, 132 Third Street SE..
Washington, DC.

B. Labor-Management Maritime Commit-
tee. 183 "nilrd Street SE.. Washington. D.C.

D. (6) $900. E. (9) $199.88.

A. Hoyt S. Haddock, 132 Third Street SE.,
Washington. D.C.

B. Seafarers' Section. MTDr 133 Third
Street SE.. Washington. D.C.

E. (9) $2,901.20.

A. Hal H. Hale. 433 TransportaUon BuUd-
lng, Washington. D.C

B. Association of American Railroads,
Transportation Building. Washington. D.C.

A. Robert Hale. 1039 Investment BuUdlng,
Washington, D.C.

B. Wisconsin .Avenue Committee on Trans-
portatlon Problems, 3900 Wisconsin Avenue,
Washington, D.C.

A. Hugh F. HaU. 425 13th Street NW.,
Washington, D.C.

B. American Farm Bureau Federation, 2800
Merchandise Mart, Ciilcago. 111.

D. (6) $758.33. E. (9) $7.83.

A. E. C. HaUbeck, 817 14th Street NW..
Washington. D.C.

B. National F€>deratlon of Post Office
Clerks. 817 14th Street NW., Washington, D.C.

D. (6) $3,708.32. E. (9) $280.73.

A. Charles A. HamUton. 777 14th Street
NW.. Washington. DC.

B. General Electric Co.. 570 Lexington Av-
enue. New York. N.Y.

D. (6) $500. E. (9) $89.22.

A. W. C. Hammerle, 220 East 42d Street.
New York. N.Y.

B. American Pulpwood Association. 220
East 42d Street, New York, N.T.

A. Harold F. Hammond. 1710 H Street NW..
Washington, D.C.

B. Transportation Association of America.

A. C. L. Hancock. 420 Lexington Avenue.
New York. N.Y,

B. Copper ft Brass Research Association,
430 Lexington Avenue, New Yor;^. N.Y.

D. (6) $3,000.

A. Eugene J. Hardy. 918 16th Street NW..
Washington, D.C.

B. National Association of Manufacturers.

A. L. James Harmanson. Jr.. 1616 H Street
NW.. W.iEhlngton, D.C.

B. National Council of Farmer Coopera-
tives. 1618 H Sta-eet NW., Washington, D.C.

D. (6) $3,624.96. E. (9) $166.78.

A. Conrad P. Harness. 1117 Barr Building.
Washington. D.C

B. Home Manufacturers Association, 1117
Barr BuUdlng. Washington. D.C.

D. (6) $350.

A. Herbert E. Harris U, 425 13th Street
NW.. Washington, D.C.

B. American Farm Bureau Federation, 2300
Merchandise Mart. Chicago, lU.

D. (6) $1,187.50. E. (») $38.05.

A. Merwln K. Hart. 7601 Empire State
Building, New York, N.Y.

B. National E<-onomlc Council. Inc.. 7501
Empire State Building. New York, N.Y.

D. (6) $100.

A. Stephen H. Hart, 500 Bquttable Build-
ing. Denver, Colo.

B. National Livestock Tax Committee, 801
East 17th Avenue. Denver, Colo.

D. (6) $1,358.66. B. (9) $1,77030.

A. John A. Hartman, Jr., 67 Broad Street.
New York. NY.

B. American Cable & Radio Corp., 67 Broad
Street, New York, N.Y., and subsidiaries.

A. Paul M. Hawkins. 1701 K Street NW..
Washington, D.C.

B. Health Insurance Aseoclatlon of Amer-
ica, 1701 K Street NW., Washington, D.C.

D. (6) $253. B. (9) $9.10.

A. Kit H. Haynes, 1616 H Street NW..
Washington, D.C.

B. National CotincU of Farmer Coopera-
tives.

A. Mrs. Glenn C. Hays. 212 Maryland Ave-
nue NB.. Washington, D.C.

B. National Woman's Christian Temper-
ance Union, 1730 Chicago Avenue, Evanston,
111.

D. (6) $571.56. E. (9) $583.03.

A. Joseph H. Ha3r8, 280 Union Station
Building. Chlcag^o, 111.

B. Association of Western Railways, 224
Union Station Building, Chicago, 111.

A John C. Hazen. 801 Sheraton BuUdlng,
Washington. D.C.

B. National Retail Merchants Association,
100 West 31st Street, New York, N.Y.

E (9) $120.90.

A. Health Insurance Association of Amer-
ica. 1701 K Street NW., Washington, D.C.
E. (9) $2,133.

A. Patrick B. Nealy. 30 F Street WW,
Washington. D.O.

B. National Milk Producers FMeration, M
P Street NW.. Washington. DC.

D. (6) $150. S. (9) $81.65.

324

CONGRESSIONAL RECX)RD — HOUSE

JanvxLry 6

1961

CONGRESSIONAL RECORD — HOUSE

325

A. George J. Hecht. 52 Vanderbllt Avenue,
New York, NY., and 132 Third Street SB.,
Washington, D.C.

B. American Parents Committee, Inc., 139
Third Street SE., Washington, D.C,

A. Hedrlck Ac Lane, 1001 Connecticut Ave-
n\ie NW., Washington. D.C.

B. Comite de Productores de Azucar, An-
tonio Mlro Quesada 376. Lima. Peru, 8.A.

D. (6) »3,760. E. (9) $296.64.

A. Hedrlck A Lane, 1001 Connecticut Ave-
nue, Washington, D.C.

B. Committee on Cooperative Advertising,
670 Lexington Avenue, New York, N.Y.

E. (9) $262.28.

A. Hedrlck ft Lane. 1001 Connecticut Ave-
nue NW . Washington. DC.

B. Reciprocal Inter Insurers Federal Tax
Committee, 400 United Artists BuUdlng. De-
troit, Mich.

D. (6) 92,113.47 E. (9) $227.61.

A. Robert B. Helney, 1133 20th Street NW.,
Washington. D.C.

B. National Canners Association, 1133 20th
Street NW., Washington. D.C.

D. (6) $875. E (9) $1,626.71.

A. Kenneth O. Helsler, 18th and M Streets
NW., Washington, DC.

B. National League of Insvired Savings As-
sociations, 18th and M Streets NW.. Wash-
ington, D.C.

D. (0) $1360.

A. Edmund P. Hennelly, 150 East 42d Street,
New York, N.Y.

B. Sooony Mobil Oil Co., Inc., 160 East 42d
Street, New York. N.Y.

D. (6) $2,187.92. K. (9) $1,062.92.

A. Maurice O. Herndon, 801 Warner Build-
ing, Washington. D.C.

B. National Association of Insurance
Agents, 96 Pulton Street, New York. N.Y., and
801 Warner Building. Washington, D.C.

D. (6) $77.76. E. (9) $77.76.

A. Clinton M. Hester, 432 Shoreham Build-
ing, Washington, DC.

B. American Carpet Institute, Inc., Empire
State Building. Fifth Avenue at 34th, New
York, N.Y.

D. (6) $10,000. E. (9) $33.11.

A. cainton M. Hester, 432 Shoreham Build-
ing, Washington, D.C.

B. Boston Wool Trade Association, 263
Sununer Street, Boston, Mass.

D. (6) $600. E. (9) $53.56.

A. Clinton M. Hester. 432 Shoreham Build-
ing, Washington, DC.

B. National Association of Hot House Veg-
etable Orowers, Post Office Box 659, Terre
Haute, Ind.

A. Clinton M. Hester, 432 Shoreham Build-
ing, Washington. D.C.

B. National Association of Wool Manufac-
turers. 386 Fourth Avenue, New York, N.Y.

D. (6) $1,000.

A. Clinton M. Hester. 432 Shoreham Build-
ing. Washington. D.C.

B. National Football League. 1 Rockefeller
Plaza. New York. NY.

X. (9) $88.34.

A. Clinton M. Hester. 432 Shoreham Build-
ing, Washington, D.C.

B. National Wool Trade Association, 263
Summer Street, Boston, Mass.

A. Clinton M. Hester, 432 Shoreham Build.
Ing, Washington, D.C.

B. New York Wool Trade Association, 165
East 44th Street, New York, N.Y.

A. Clinton M. Hester, 432 Shoreham Build-
ing, Washington. D.C.

B. Philadelphia Wool A Textile Associa-
tion, Post Office Box 472, Station S. Phil-
adelphia. Pa.

A. Clinton M. Hester, 432 Shoreiiam Build-
ing. Washington. D.C.

B. United States Brewers Foundation. 635
Fifth Avenue. New York. N.Y.

D. (6) $5,000. E. (9) $107.30.

A. W. J. Hlckey. 2000 MassachusetU Ave-
nue NW.. Washington. DC.

B. The American Short Line Railroad As-
sociation. 2000 Massachusetts Avenue NW..
Washington. D.C.

D. (6) $262.50.

A. M. F. Hicklin. 607 Bankers Trust Build-
ing, Des Moines. Iowa.

B. Iowa Railway Committee. 507 Bankers
Triist Building. Des Moines. Iowa.

E. (9) $26.27.

A. John W. Hight. 1026 Connecticut Ave-
nue NW.. Washington. D.C.

B. Legislative Committee of the Committee
for a National Trade Policy. Inc., 1026 Con-
necticut Avenue NW.. Washington, D.C.

D. (6) $200. E. (9) $16.75.

A. Ray C. Hlnman, 160 Bast 42d Street,
New York, NY.

B. Socony Mobil Oil Co., Inc., 150 East 4ad
Street, New York, N.Y.

D. (6) $1,250.

A. Lawrence 8. Hobart, 919 18th Street
NW., Washington, D.C.

r. American Public Power Association, 919
18th Street NW., Washington, D.C.

D. (6) $100.

A. John R. Holden, 1710 Rhode Island Ave-
nue NW.. Washington, D.C.

B. AMVET8 (Afnerlcan Veterans of World
War H), 1710 Rhode Island Avenue NW..
Washington. D.C.

D. (6) $1,187.50. B. (9) $75.

A. A. D. Holmes, Jr., Oalllon, Ala.

B. National Association of Boll Conserva-
tion Districts, League City. Tenn.

A. Home Manufacturers Association, 1117
Barr Building. Washington. D.C.
D. (6) $500. E. (9) $1,000.

A. Edwin M Hood, 441 Washington Build-
ing. Washington. D.C.

B. Shipbuilders Council of America, 21
West Street, New York. N.Y.

A. J. M. Hood, 2000 Massachusetts Avenue
NW., Washington. DC.

B. The American Short Line Railroad As-
sociation. 2000 Massachusetts Avenue NW.,
Washington. D.C.

D. (6) $318.75.

A. Samuel H. Home, Munsey Building,
Washington. D.C.

B. The Singer Manufacturing Co., 149
Broadway. New York, N.Y.

X. (9) $160.70.

A. Lawrence W. Horning, 1010 Pennsylvania
Building, Washington. D.C.

B. New York Central Railroad Co.. 280 Park
Avenue. New York, N.Y.

A. Donald E. Horton, 222 West Adams
Street, Chicago. 111.

B. American Warehousemen's Association,
Merchandise Division, Chicago, 111.

A. Harold A. Houser, 1616 I Street NW.,
Washington. D.C.

B. Retired Officers AMOclatlon, 1616 I
Street NW.. Washington. DC.
D. (6) $2,499.99.

A. Erma D. Hubbard. 509 Rldgely Avenue.
Annapolis. Md.

B. Military Survivors. Inc.. 600 Rldgely
Avenue., Annapolis. Md.

A. William T. Huff, 018 16th Street NW.,
Washington. DC.

B. Independent Natural Oas Association of
America. 918 16th Street NW., Washington.
D.C.

D. (6) $276.

A. Hughes, Hubbard, Blair * Reed, 1
Wall Street. New York, NY.

B. The Bendlx Corp., Fisher Building, De-
troit, Mich.

A. William J. Hull. 1625 I Street NW..
Washington, D.C.

B. Ashland Oil & |Ref\ning Co., 1409 Win-
chester Avenue. Ashland, Ky.

A. WillUm J. Hull. 1625 I Street NW .
Washington. D.C.

B. Ohio Valley Improvement Association,
Inc.

A. Robert L. Humphrey, 918 16ih Street
NW.. Washington, DC.

B. National Association of Manufacturers.

A. C. E. Huntley. 3000 Massachusetts Ave-
nue NW.. Washington. DC.

B. The American Short Line Railroad As-
sociation, 2000 Massachusetts Avenue NW..
Washington. DC.

D. (6) $437.60.

A. Klmer P. Hutter, Post Office Box 2255.
Washington, D.C.

B. Richard F. Bates. Sacramento, Calif.,
and Edward 8. Ooben, Washington. D.C.

E. (9) $472.

A. Illinois Railroad Association. 135
nth Place. Chicago, HI.

B. (9) $213.87.

A. Bernard J. Imming, 777 14th Street NW.,
Washington. D.C.

B. United Fresh Fruit and Vegetable As-
sociation. 777 14th Street NW., Washington.
D.C.

A. Independent Natural Oas Association of
America, 918 16th Street NW., Washington,
D.C.

D. (6) $1,170.

A. Industrial Union Department. AFL-CTO.
816 16th Street NW.. Washington. D.C.
D. (6) $7,006.06. B. (9) $7,006.08.

A. Institute of Scrap Iron ft Steel, Inc..
1720 H Street NW.. Washington, D.C.

D. (6) $300.

A. International Brotherhood of Team-
sters, Chauffeurs. Warehousemen and Help-
ers, 26 Louisiana Avenue NW., Washington,
DC.

B. (9) $39,965.69.

A. International Union of Electrical. Radio
and Machine Workers, 1126 16th Street NW .
Washington. D.C.

E. (9) $1,500.

A. Inter-State Manufacturer's Association,
163-166 Center Street, Winona. Minn.
D. (6) $3,000. B. (9) $4.

A. Iron Ore Lessors Aaaoclatlon, Inc., W-
1481, First National Bank Building, Saint
Paul, Minn.

D. (6) $60. S. (9) $8,167.14.

A. Robert C. Jackson, 1146 19th Street
NW., Washington. D.C.

B. Anverican Cotton Manufacturers Insti-
tute. Inc., 1501 Johnston Building, Char-
lotte. N.C.

D. (6) $2,160. E. (9) $142J»2.

A. Japanese-American Citizens League.
1634 Post Street. San Francisco. Calif.
D. (6) $a00. B. (9) $226.

A. Daniel Jaspan. Post Office Box 1924.
Washington. D.C.

B. National Association of Postal Supervi-
sors Poet Office Box 1934, Washington, DC.

d! (6) $3,391.28. B. (9) $53.10.

A. Henry B. Jordan, 916 Investment Build-
ing. Washington. D.C.

B. Cyrus W. and LuclUe M. ManfuU, 13152
Wentworth Street, Pacolma, Calif.

A. Edwin W. Kaler, 919 18th Street NW.,
Washington, D.C.

B. Waterman Steamship Corp., 61 St. Jo-
seph Street. Mobile, Ala.

D. (6) $8,750.

A. John B. Kane, 1625 K Street NW.,
Washington, D.C.

B. American Petroleum Institute, 1271
Avenue of the Americas, New York, N.Y.

D. (6) $3,780. B. (9) $654J>7.

A. Joe Jenness. 2000 Florida Avenue NW..
Washington, D.C.

B. National Rural Electric Cooperative As-
sociation, 2000 Florida Avenue NW., Wash-
ington, D.C.

A. Robert a. Jeter. Dresden. Tenn.

B. H. C. Spinks Clay Co.. Paris, Tenn.;
Old Hickory Clay Co.. Paducah. Ky.; Bell
Clay Co., Oleason, Tenn.; United Clay
Minaa Corp., Trenton, NJ.; Kentucky-Ten-
nsMM Clay Co., Cooley Clay Co.. Kentucky
Clay Mining Co., Mayfleld. Ky.; Tennessee
Absorlient Co., Southern Clay Co., Paris,
Tenn.

D. (6) $2,328.09.

A. Sheldon Z. Kaplan, 817 Barr Building,
Washington, D.C.

B. Guatemala Sugar Producers Association,
Guatemala City, Guatemala.

A. Jerome J. Keating, 100 Indiana Avenue
NW., Washington, D.C.

B. National Association of Letter Carriers,
100 Indiana Avenue NW., Washington, D.C.

D. (6) $2,150.76.

A. Francis V. Keesllng, Jr., 605 Market
Street. San Francisco, Calif.

B. West Coast Life Insurance Co., 605
Market Street, San Francisco, Calif.

A. WiUiam T. Jobe, 810 18th Street <NW.,
Washington. D.C.

B. National Ice Association, Inc., 810 16th
Street NW., Washington. D.C.

A. Gill>ert R. Johnson. 1208 Terminal Tow-
er. Cleveland, Ohio.

B. Lake Carriers' Assoclatlcm, 306 Rocke-
feller Building, Cleveland, Ohio.

A. Olendon E. Johnson, 1701 K Street NW.,
Washington, D.C.

B. American Life Convention, 230 North
Michigan Avenue, Chicago, m.

D. (6) $444.18. E. (9) $55.70.

A. Hugo B. Johnson, 600 Bulkley Building.
Cleveland, Ohio.

B. American Iron Ore Association, 600
Bulkley Building, Cleveland, Ohio.

A. Reuben L. Johnson.

B. The Farmers' Educational and Cooper-
ative Union of America, 1404 New York Ave-
nue NW., Washington, D.C.

D. (6) $2,029.44. X. (9) $100.75.

A. George Bliss Jonas, Montgomery, Ala.

B. Alabama Railroad Association, 1002
First Natiotxal Bank Building. Montgomery.
AU.

A. L. Dan Jones. 1110 Ring Building. Wash-
ington. D.C.

B. Independent Petroleum Association of
America. 1110 Ring Building. Washington,
DC.

E. (9) $1907.

A. Phillip E. Jones, 920 Tower Building.
Washington, D.C.

B. United Sta'es Beet Sugar Association,
920 Tower Building. Washington, D.C.

D. (6) $100.

A. Robert T. Jones, 516 Perpetual Building.
Washington. D.C.

B. American Cable ft Radio Corp , 67 Broad
Street. New York, N.Y., and subsidiaries.

A. ftowland Jones, Jr., 1146 19th Street
NW.. Washington, D.C.

B. American ReUU Federation, 1146 l»th
Street NW., Washington, D.C.

D. (6) $1,600. B. (9) $461.59.

A. James C. Kelley, 1500 Massachusetts
Avenue NW., Washington, D.C.

B. American Machine Tool Distributors'
Association, 1500 Massachusetts Avenue NW.,
Washington, D.C.

A. Elizabeth A. Kendall, 2310 Connecticut
Avenue, Washington, D.C.
X. (9) $172.

A. I. L. Kenen, 1737 H Street NW., Wash-
ington, D.C.

B. American Israel Public Affairs Commit-
tee, 1737 H Street NW., Washington, D.C.

A. Harold L. Kennedy, 420 Cafrltz Build-
ing, Washington, D.C.

B. Ohio Oil Co.. Findlay. Ohio.
D. (6) $600. E. (9) $265.40.

A. MUes D. Kennedy. 1608 K Street NW.
Washington, D.C.

B. American Legion. 700 North Pennsyl-
vania Street, IndianaiMlls, Ind.

D. (6) $3,635. B. (9) $83.50.

A. Frank T. Kenner, 38 Niulkl Circle, Hon-
olulu, Hawaii.

B. Association of American Railroads,
Transportation Building. Washington, D.C.

D. (6) $179. B. (9) $11.55.

A. William F. Kenney, New York, N.Y.

B. Shell Oil Co., 50 West 50th Street, New
York. NY.

D. (6) $625.

A. Franklin E. Kepner, Berwick Bank
Building, Berwick, Pa.

B. Associated Railroads of Pennsylvania,
1022 Transportation Center, Philadelphia,
Pa.

A. Ronald M. Ketcham, Post Office Box
351, Los Angeles, Calif.

B. Southern California Edison Co., Post
Office Box 351, Los Angeles, Calif.

A. Jeff Klbre, 1341 G Street NW., Wash-
ington, D.C.

B. International Longshoremen's & Ware-
housemen's Union, 150 Golden Gate A\'enue,
San Francisco, 6allf .

D. (6) $1,718.52. E. (9) $1,420.12.

A. Charles E. Kief, 400 First Street NW.,
Washington, D.C.

B. Brotherhood of Railway ft Steamship
Clerks, 1016 Vine Street, Cincinnati, Cttxio.

D. (6) $1,093.76.

A. Jc^n A. Klllick, 740 11th Street NW.,
Washington, D.C.

B. Eastern Meat Packers Association, Inc..
740 nth Street NW., Washington, D.C.

D. (6) $12.50.

A. JcAin A. Klllick, 740 11th Street NW.,
Washington. D.C.

B. National Independent Meat Packers As-
sociation. 740 nth Street NW., Washington,
D.C.

D. (6) $262.92.

A. H. Cecil Kllpatrick, 912 American Se-
curity Building. Washington. D.C.

B. Minot. DeBlols ft Maddlson, 294 Wash-
ington Street, Boston, Mass.

E. (9) $380.03.

A. Kenneth L. Kimble. 1701 K Street NW.,
Washington, D.C.

B. Life Insurance Association of America,
488 Madison Avenue, New York, N.Y.

D. (6) $132.25.

A. James F. King, 411 Universal Building,
Washington, D.C.

B. Manufacttirlng Chemists' Association,
Inc., 1825 Connecticut Avenue NW., Wash-
ington, D.C.

D. (6) $1,250.

A. Ludlow King, 2139 Wisconsin Avenue
NW., Washington, D.C.

B. National Machine Tool Builders' Asso-
ciation, 2139 Wisconsin Avenue NW.. Wash-
ington, D.C.

A. Mr. and Mrs. Harry L. Kingman.
D. (6) $595. B. (9) $595.

A. S. F. Klrby, 20 North Wacker Drive,
Chicago, 111.

B. National Council on Business Mail, 20
North Wacker Drive, Chicago, Dl.

D. (6) $600. B. (9) $120.69.

A. Clifton Klrkpatrlck, 1918 North PariE-
way, Memphis. Tenn.

B. National Cotton Council of America,
Post Office Box 9905. Memphis. Tenn.

D. (6) $610. B. (9) $29.77.

A. Robert M. Koch, 210 H Street NW.,
Washington. D.C.

B. National Limestone Institute, Inc., 210
H Street NW., Washington, D.C.

E. (9) $10.

A. Germalne Krettek, 300 C Street SB..
Washington, D.C.

B. American Library Association, 50 Bast
Huron Street, Chicago, 111.

E. (9) $2,764.57.

A. Herman C. Kruse, 245 Market Street,
San Francisco. Calif.

B. Pacific Gas ft Electric Co., 245 Market
Street, San Francisco. Calif.

D. (6) $791.27. K (9) $1,197.97.

A. Labor Bureau of Middle West, 1001
Connecticut Avenue, Washington, D.C, and
lis. LaSalle Street, Chicago, 111.

A. Labor-Management Maritime Commit-
tee, 132 Third Street SB., Washington, D.C.
D. (6) $5,430. E. (9) $4,819.25.

A. Dan Lacy, 24 West 40th Street, New
YOTk. N.Y.

B. National Committee for the Universal
Copyright Convention, 24 West 40th Street,
New York, N.Y.

''>

326

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

327

A. James K. Langan, 100 Indiana Avenue
N.W., Washington, D.C.
D. (6) »3.126.

A. Prlta O. Lanham, 2737 Devonshire Place
NW., Washington. D.C.

B. National Patent Council, Inc., 1434 West
11th Avenue. Gary. Ind.

D. (6) t999S6.

A. Fritz a. Lanham, 2737 Devonshire Place
NW., Washington. D.C.

B. Quality Brands Associates of America,
Inc.. 1001 Grant Street. Gary, Ind.

D. (8) 1900.

A. Prltz a. Lanham. 2737 Devonshire Place
NW.. Washington. DC.

B. Trinity Improvement Association, Inc.,
808 Trans-American Building, Port Worth.
Tex.

D. (6) $1.27S.

A. Life Insurance Association of America.
488 Madison Avenue, New Tork. N.Y., and
1701 K Street NW.. Washington. DC.

D. (6) $3,891.12. E. (9) #3391.12.

A. L. Blaine Uljenqulst. 917 16th Street
NW., Washington. D.C,

B. Western States Meat Packers Associa-
tion, Inc., 604 Mission Street. San Francisco,
Calif.

D. (6) $3,125. E. (0) $20.30.

'/ , A.4

A. Lester W. Llndow, 1735 DeSales Street
NW., Washington. D.C.

A. Robert G. Lltschert, 1200 18th Street
NW., Washington. D.C.

B. National Association of Electric Cos..
1200 18th Street NW.. Washington. DC.

D. (6) $956.25. E. (9) $18.16.

A. DlUard 3. Lasseter, 1616 P Street NW..
Washington, D.C.

B. American Trucking Associations. Inc.,
1616 P Street NW., Washington. D.C.

D. (6) $3,000. E. (9) $375.

A. Alan Latman. 200 East 42d Street. New
York.N.Y.

B. National Committee for Effective Design
Legislation. 200 Eatt 42d Street. New York.
N.Y.

E. (0) $206.75.

A Walter J. Little. 944 Transportation
Uullding. WaFhlngton. D.C.

B. Association of American Railroads.
Transportation lUilldlng. WMhlngton. D.C.

D. (6) $441.89. E. (9) $1,219.94.

A. Leonard Lopez. 400 First Street NW..
Washington. D.C.

B. District Lodge No. 44, International
Association of Machinists, 400 First Street
NW.. Washington, DC.

D. (6) $2,499.90. E. (9) $15.

A. John V. Lawrence. 1424 16th Street NW.,
Washlugton. D.C.

B. American Trucking Associations. Inc.,
1424 16th Street NW.. Washington. D.C.

D. (6) $324.58. E. (9) $6.80.

A. Thomas B. Lawrence. 917 15th Street
NW.. Washington, DC.

B. National Licensed Beverage Association,
420 Seventh Street, Racine, Wis.

D. (6) $600.

A. Warren Lawrence. 1700 K Street NW..
Washington, D.C.

B. Standard Oil Co. of California. 1700 K
Street NW.. Washington. D.C.

D. (6) $160. E. (9) $78.

A. Gene Leach, 426 18th Street NW.. Wash-
ington, D.C.

B. American Farm Bureau Federation, 2300
Merchandise Mart, Chicago, 111.

D. (6) $1,212.50. E. (9) $37.35.

A. Robert F. Lederer, 835 Southern Build-
ing, Washington, DC.

B. American Association of Nurserymen,
Inc.. 835 Southern Building, Washington,
DC.

D. (6) $24.38. 1. (9) $31.38.

A. Lee & Ross.

B. Committee of American Steamship
Lines.

D. (6) $6,249.99. E. (9) $4,208.02.

A. Legislative Committee of the Commit-
tee for a National Trade Policy, Inc., 1025
Connecticut Avenue NW., Washington, D.C.

D. (6) $45. E. (9) $545.71.

A. Roy T. Lester, 1523 L Street NW., Wash-
ington, D.C.

B. American Medical Association, 535
North Dearborn Street, Chicago, UI.

D. (6) $1,100. E. (9) $112.90.

A. John R. Lewis, 1625 K Street NW.,
Washington, D.C.

B. Mid-Continent Oil h Gas Association.
300 Tulsa Building, Tulsa, Okla.

D. (6) $40. E. (9) $9.30.

A. Otto Lowe, Cape Charles. Va.

B. National Canners Association, 1133 20th
Street NW., Washington, D.C.

D. (6) $1,000.

A. Scott W. Lucas, 1025 Connecticut Ave-
nue NW., Washington, D.C.

B. American Finance Conference. 176 West
Adams Street, Chicago, 111.

D. (6) $1,250.

A. Scott W. Lucas. 1025 Connecticut Ave-
nue NW., Washington, D.C.

B. Group Hospitalization, Inc., 14th and
L Streets NW.. Washington, D.C.

D. (6) $250. E. (9) $10.50.

A. Scott W. Lucas. 1025 Connecticut Ave-
nue NW., Washington. D.C.

B. Mobile Homes Manufacturers Associa-
tion, 20 North Wacker Efrlve, Chicago, 111.

D. (6) $1,000.

B. National Society of Profaulonal Kngl-
neers. 2029 K Street NW., Washington, DC.
D. (6) $750.

A. John C. Lynn. 425 13th Street KW..
Washington. DC.

B. American Farm Bu'-eau Federation,
2300 Merchandise M irt. Chicago. 111.

D (6) $2,102.50. E. (9) $26.18.

A. John A. McCart, 900 F Street HW .
Washington. D.C.

B. American Fedcr .tlon of Oovemment
Employees.

D. (6) $2,244.70. K. (B) $13.55.

A J. L. McC.vEkill, 1201 leth Street NW..
Washington. DC.

B National ■duc.'ttlnn Association. 1201
16th Street NW., Washington, DC.

D. (6) $225. E. (9) $5.78.

A. Soott W. Lucas. 1025 Connecticut Ave-
nue NW., Washington, D.C.

B. Outdoor Advertising Association of
America, Inc., 24 West Erie Street, Chicago,
m.

D. (6) $250.

A. Scott W. Lucas, 1026 Connecticut Ave-
nue NW., Washington, D.C.

B. Roadside Business Association, 646
North Michigan Avenue. Chicago. 111.

D. (6) $250.

A. Scott W. Lucas. 1025 Connecticut Ave-
nue NW., Washington. D.C.

B. Adolpho von Zedlltz. 60 Sutton Place
South. New York, NY.

A. Scott W. Lucas, 1026 Connecticut Ave-
nue NW.. Washington, D.C.

B. Western Medical Corporation, 415-423
West Pershing Road, Chicago. 111.

D. (,6) $1,000.

A. John M. Lumley. 1201 16th Street NW.,
Washington, D.C.

B. Division of Legislation and Federal Re-
lations of the National Education Associa-
tion.

D. (6) $163.12. E. (9) $10.46.

A. Milton F. Lunch, 2029 K Street NW.,
Washington, D.C.

A. Angus H McDonald.

B. Farmers' Educational A Co-Operatiye
l}u:on of America, 1404 New Toik Avenue
NW.. Washington. D.C.

D. (6) $2,308.64. C. (B) $106.05.

A. William J. McDonald, 3005 Fernslde
Boulevard, Alamedn, Calif.

B. National Council of Naval Air Stations
Employee Organizations. 3005 Fernslde Bou-
levard, Alameda. Calif.

A. Joseph T. McDonnell, 426 13th Street
NW.. Washington. DC.

B. National Association of Electric Cos.,
1200 18th Street NW., Washington. D.C.

A. A. J. McFarland, 126 North Slghth
Straet, Sterling, Kans.

B. Christian Amendment Movement.
D. (6) $999.99.

A William F. McKenna. 908 Colorado
Building. Washington. D.C.

B. National Association of Mutual Savings
Banks. 60 Et»st 42d Street. New York. NT.

D. (6) $28.08. E (9) $15 23.

A. William H. McUn. 1201 16th Street
NW.. Washington, D.C.

B. Division of Legislation and Federal Re-
lations of the NEA, 1201 16th Street NW..
Washington, DC.

D. (6) $1,477.50. E. (0) $46.83.

A. W. H. McMalns. 1133 Pennsylvania
Building, Washington, D.C.

B. Distilled SplrlU Institute. 1132 Penn-
sylvania Building, Washington. DC.

A. C. W. McMlUan. 801 Bast 17th Avenue.
Denver, Colo.

B. American National Cattlemen's Associa-
tion, 801 East 17th Avenue, Denver, Colo.

D. (6) $3,750.

A. Clarence M. McMlUan, 1S43 L Street

NW., Washlugton. D.C.

B. National Candy Wholesalers Association.
Inc.. 1343 L Street NW.. Washington. D.C.

A. Ralph J. McNsir. 1701 K Street NW.,
Washington, D.C.

B. Life Insurance Association of America,
488 Madison Avenue, New York. N.Y.

D. (6) $97.75. K. (9) $1.09.

A. William P. MacCracken. Jr., 1000 Con-
necticut Avenue. Washington, D.C.

B. American Optometric Association, Inc..
8001 Jenkins Arcade. Plttsb\irgh. Pa.

D. (6) $3,750. E. (B) $210.93.

A. William P. MacCracken. Jr.. 1000 Con-
nectlCTit Avenue, Washington, D.C.

B. Frankel Brothers, 521 FUtb Aventie. New
York. N.Y.

E. (9) $0.76.

A. William P. MacCracken. Jr.. 1000 Con-
necticut Avenue. Washington. D.C.

B. Mrs. Willi Zletz, Savoy Hilton Hotel,
New York City.

E. (9) $0.75.

A. John O. Macfarlan, 1736 I Street NW.,
Washington, DC.

B. Railway Express Agency, 1736 I Street
NW., Washington, D.C.

D. (6) $1,276. B. (9) $1,664.39.

A. Jerome J. Madlgan. 1117 Barr BuUdlng.
Washington. D.C.

B. Home Manufacturers Association. 1117
Barr Building. Washington, DC.

A. Arch L. Madsen.
NW.. Washington, D.C.

1735 DeSales Street

A. Mike M. Masaoka, BIB 18th Street NW..
Washington, D.C.

B. Japanese American Cltlaens League.
1634 Post Street. San Francisco. CalU.

D. (6) $400. E. (B) $235.

A. Don Mahon. Boi B69. Ben Franklin Sta-
tion. Washington. D.C.
E. (9) $405.80.

A. Walter B. Maloney. 40 Wall Street, Mew
York. N.Y.

B. American Steamship Conunlttee on
Conference Studies. Barr Building, Washing-
ton. DC.

D. (6) $3,270. E. (9) $934.31.

A. Carter Manasco, 4201 Chesterbrook
Road. McLean, Va.

B. National Business Publications, Inc..
1913 I Street NW., Washington, D.C.

D. (6) $600.

A. Carter Manasco, 4201 Chesterbrook
Road, McLean, Va.

B. National Coal Association, Coal Build-
ing, Washington, D.C.

D. (6) $3,000. E. (9) $177.05.

A. Mantifacturing Chemists' Association,
Inc.. 1826 Connecticut Avenue NW., Wash-
ington. D.C.

D. (6) $2,625. E. (9) $2,476.-

A. Olya Margolin, 1637 Massachusetts
Avenue NW.. Washlnifton, D.C.

B. National Council of Jewish Women,
Inc., 1 West 47th Street, New York, K.T.

D. (6) $1,797.84. E. (9) $45.30.

A. Rodney W. Markley, Jr., Wyatt Build-
ing, Washington. D.C.

B. Ford Motor Co.. Dearborn, Mich.
D. (6) $2,800. E. (9) $687.46.

A. Raymond E. Marks, 65 Market Street,
San Francisco, Calif.

B. Southern Pacinc Co., 65 Market Street.
Snn Francisco, Calif.

A. Edwin E. Marsh, 414 Crandall Building.
Salt Lake City, UUh.

B. National Wool Growers Association.
D. (6) $2,750. B. <9) $271.31.

A. Winston W. Marsh, 1343 L Street NW..
Washington, D.C.

B. National Tire Dealers & Retreaders As-
sociation, 1343 L Street NW., Washington.
DC.

A. Fred T. Marshal:, 1112 19th Street NW..
Washington, D.C.

B. B. F. Goodrich Co.. 500 South Main
Street, Akron. Ohio.

A. J. PauU Marsh ill, 944 Transportation
Building. Washington, D.C.

B. Association oi American Railroads.
TransporUtlon Building, Washington, D.C.

A. Tommy M. Martin, 1040 Warner Build-
ing, Washington. D.C.

B. National Rural Letter Carriers' Associ-
ation, 1040 Warner Building. Washington,
DC.

D. (6) $952.26^ B. (9) $11JS.

A. Walter J. Mason, 816 16th Street NW.,
Washington. D.C.

B. American Federation of Labor * Con-
gress of Industrial Organizations, 815 16th
Street NW.. Washington. D.C.

D. (6) $3,260. B. (9) $740.06.

A. P. H. Mathews. 944 Transportation
Building, Washington. D.C.

B. Association of American Railroads,
Transportation Building, Washington. D.C.

D. (6) $945.43. B. (9) $820.42

A. Charles D. Matthews, 1200 18th Street
NW.. Washington, D.C.

B. National Association of Electric Cos.,
1300 I8th Street NW., Washington, D.C.

D. (6) $67.50. E. (9) $14.20.

A. Joe G. Matthews. B44 Transportation
Building. Washington, D.C.

B. Association of American Railroads,
Transportation Building, Washington, D.C.

D. (6) $680.84. B. (9) $353.36.

A. C. V. * R. V. MaudUn, 1111 B Street
NW., Washington, D.C.

B. National Association of Secondary Ma-
terial Indxutrles, Inc., 371 Madison Avenue,
New Y<M-k, N.Y.

A. Mrs. Vera Mayer.

B. National Consumers League, 1025 Ver-
mont Avenue NW., Washington, D.C.

D. (6) $1,179M.

A. Howard W. Mays, Jr., 210 H Street NW.,
Washington, D.C.

B. National Limestone Institute, Inc., 210
H Street NW.. Washington, DC.

E. (9) $5.

A. Lester H. Means, 777 14th Street NW.,
Washington. D.C.

B. General Electric Co.. Appliance Park.
Louisville. Ky.

D. (6) $60. E. (9) $5.75.

A. John S. Mears, 1608 K Street NW.,
Washington, D.C.

B. American Legion, 700 North Pennsyl-
vania Street, Indianapolis, Ind.

D. (6) $2,065.

A. Medical Society of the District of
Columbia, 1718 M Street NW., Washington,
D.C.

A. Mehler, Goldsborough it Ives. 2000 K
Street NW., Washington. D.C.

B. Ferro Corp.. Glostex Chemicals, Inc.,
O. Hommel Co.. and Pemco Corp.

D. (6) $1,215.

A. Kenneth A. Melklejohn, 1209 Rlppon
Road, Alexandria, Va.

B. Joint Minimum Wage Committee, 815
16th Street NW., Washington, D.C.

D. (6> $3,000. E. (9) $330.96.

A. Kenneth A. Melklejohn, 1209 Rlppon
Road, Alexandria, Va.

B. Retail, Wholesale & Department Store
Union, 132 West 43d Street, New York, NY.

D. (6) $675.

B. American Retail Federation, 1145 IBth
Street NW.. Washington. D.C.

D. (6) $1,260. E. (B) $160.76.

A. Michigan Hospital Service, 441 Bast
Jefferson A Venue, Detroit, Mich.

E. (9) $1,513.01.

A. Clarence R. Miles, 1615 H Street NW.,
Washington, D.C.

B. Chamber of Commerce of the CJ3.A.

A. JohnR.MUes.

B. Chamber of Conunerce of the United
States.

A. Military Survlvcnv. Inc., 509 Rldgely
Avenue, Annapolis, Md.

D. (6) $90. E. (9) $1,237.57.

A. Milk Industry Foundation, 1145 IBth
Street NW., Washington, D.C.

A. Miller & Chevalier, 1001 Connecticut
Avenue NW., Washington. D.C.

B. Estate of Josephine S. Bogert, 37 Wall
Street, New York, N.Y.

D. (6) $5,000. E. (9) $21.10.

A. Dale liniler, Mayflower BoUi, Washing-
ton. D.C.

B. Dallas (Tex.) Chamber of Commerce.
D. (6) $1,500.

A. Dtae Miller, Mayflower Hotel. Washing-
ton, D.C.

B. Intracoastal Canal Association oi Lou-
isiana and Texas. 2211 South Coast Building,
Houston. Tex.

D. (6) $2,625.

A. Dale Miller, Mayflower Hotel. Washing-
ton, D.C.

B. Texas Gulf Sulphur Co., Newgulf, Tex.,
and New York.N.Y.

D. (6) $2,250.

A. Edwin Reld Miller. 1004 Farnam Street,
Omaha, Nebr.

B. Nebraska Railroads Legislative Com-
mittee, 1004 Farnam Street. Omaha, Nebr.

D. (6i $2,653. £. (9) $264.10.

A. Lloyd S. Miller, 1001 Connecticut Ave-
nue NW., Washington, D.C, and 1B5 Broad-
way. New York, N.Y.

B. American Telephone ft Telegraph Co..
196 Broadway, New York, N.Y.

A. Claude Mlnard, 215 Market Street, San
Francisco, Calif.

B. California Railroad Association, 215
Maricet Street, San FYancisco. Calif.

A. Seymour S. Mintz, William T. Plumb.
Jr., Robert K. Killer, and Richard A. Mullens,
810 Colorado Building, Washington, D.C.

B. Hughes Tool Co., Houston, Tex.

A. Seymoiu: S. Mintz, 800 Colorado Build-
ing. Washington, D.C.

B. Tennessee Products & Chemical Corp.,
Nashville, Tenn.

A. Clarence Mitchell, 100 Massachusetts
Avenue NW., Washington, D.C.

B. National Association for the Advance-
ment of Colored People. 20 West 40th Street,
New York, NY.

D. (6) $1375.

A. M. Barry Meyer. 1616 P Street NW.,
Washington, D.C.

B. American Trucking Associations. Inc..
1616 P Street NW., Washington, D.C.

D. (6) $100. E. (9) $49.20.

A. James G. Mlchaux, 1145 19th Street
NW., Washington, DC.

A. M. D. Mobley, 1010 Vermont Avenue
NW., Washington, D.C.

B. American Vocational Association, 1010
Vermont Avenue NW., Washington, D.C.

A. Willis C. Moffatt. First Security BuUd-
lng, Boise, Idaho.

A. Harry L. MoflTett, 1102 Ring Building,
Washington, DC.

328

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

B. American Mining Congress, Ring Build-
ing. Washington, D.C.
D. (6) 1750.

A. Cecil Morgan, 30 Rockefeller Plaza, New
York, N.Y.

B. Standard Oil Co. (New Jersey), 30
Rockefeller Plaza, New York. NY.

£. ^9) 90.25.

A. Morlaon, Murphy. Clapp & Abrams.
Pennsylvania Building. Washington. DC.

B. American Reciprocal Insurance Associ-
ation, Kansas City, Mo.

B. (9) 9104.17.

A. Moriaon. Murphy, Clapp tc Abrams.
Pennsylvania Building. Washington, D.C.

B. Area Employment Expansion Commit-
tee. 1144 Pennsylvania Building. Washington,
D.C.

A. Morlson. Murphy. Clapp & Abrams,
Pennsylvania Building, Washington. DC.

B. Ford Motor Co.. American Road, Dear-
bom. Mich.

D. (6) 9300.

A. Mcwlson. Murphy. Clapp & Abrams.
Pennsylvania Building. Washington. DC.

B. St. Thomas Chamber of Commerce, Vir-
gin Islands. U.S.A.

E. (9) 942.81.

A. Morlson. Murphy. Clapp & Abrams.
Pennsylvania Building. Washington. D.C.

B. Sperry St Hutchinson Co., 114 Fifth Ave-
nue, New York, N.Y.

D. (6) 91.000. E. (9) 9169.93.

A. ones Morrow, 1012 14th Street NW..
Washington, DC.

B. Freight Forwarders Institute, 1012 14th
Street NW.. Washington, DC.

D. («) 98.625. E. (9) 9271.38.

A. Harold O. Moaler, 610 Shoreham Build-
ing, Washington, D.C.

B. Aerospace Industries Association of
America, Inc.. 610 Shoreham Building. Wash-
ington. D.C.

D. (6) 92.704. E. (9) 929J0.

A. Bernard R. Mullady. 1200 15th Street
NW.. Washington. D.C.

B. International Brotherhood of Electrical
Workers.

D. (6) 92,730.

A. Vincent S. MuUaney. 777 14th Street
NW.. Washington. D.C.

B. Oeneral Electric Co., 670 Lexington
Avenue, New York. N.Y.

D. (6) 9937.50. E. (9) 9611.04.

A. T. H. Mullen, 711 14th Street NW..
Washington, D.C.

B. American Paper & Pulp Association, 122
East 42d Street, New York. N.Y.

A. T. H. Mullen, 711 14th Street NW.,
Washington. D.C.

B American Pulpwood Association. 220
Bast 42d Street, New York. N.Y.

A. Walter J. Munro. Hotel Washington.
Washington. D.C.

B. Brotherhood of Railroad Trainmen.

A. Dr. Emmett J. Murphy, 5737 13th Street
NW., Washington, D.C.

B. National Chiropractic Insurance Co..
National Building, Webster City, Iowa.

D. (6) 9500. E. (9) 9500.

A. Paul A. Nagle. 100 Indiana Avenue NW..
Washington. D.C.
D. («) $3,000.

A. National Association of Direct Selling
Cos., 163-166 Center Street. Winona. Minn.
D. (6) 913.750. E. (9) 94.

A. National Association of Electric Cos..
1200 18th Street NW.. Washington. DC.
D. (6) 9723.27. E. (9) 911.304.09.

A. National Association of Frozen Food
Packers, 919 18th Street NW.. Washington,
DC.

A. National Association of Insiirance
Agents. Inc., 96 Fulton Street. New York. N.Y.
D. (6) 93,500. E. (9) 98.461.67.

A. National Association of Letter Carriers.
100 Indiana Avenue NW.. Washington. DC.
D. (6) 9586.167. K. (•) 922.602 66.

A. National Council on Buainess Mall. 20
North Wacker Drive, Chicago, 111.
X. (9) 1720.69.

A. National Council of Fanner Coopera-
tives, 1616 H Street NW.. Washington. D.C.
D. (6) 92.050. X. (9) 91.578.08.

A. Kenneth D. Naden, 1616 H Street NW.,
Washington, D.C.

B. National Coimcll of Farmer Coopera-
tives.

A. National Association of Margarine
Manufacturers. Munsey Building, Washing-
ton, D.C.

A. National Association of Mutual Savings
Banks. 60 Bast 42d Street. New York. NY.
D. (6) 915.23. K. (9) 916.23.

A. National Association of Plumbing Con-
tractors. 1016 20th Street NW.. Washington.
DC.

A. NaUonal Association of Postal Super-
visors, Post Ofllce Box 1924, Washington,
D.C.

D. (6) 912,450. B. (9) 96.472.29.

A. National Association of Retired Civil
Employees. 1625 Connecticut Avenue NW.,
Washington, DC.

B. (9) 91,260.

A. National Association of Soil Conserva-
tion Districts. League City. Tex.

D. (6) 9524.50. E. (9) 9524.50. \

A. National Association of Travel Organ-
izations. 1422 K Street NW.. Washington.
D.C.

D. (6) 927.918.24. X. (9) 9682.50.

A. National Canners Association. 1133 20th
Street NW.. Washington. D.C.

D. (C) 9465J17.06. E. (9) 94,474.05.

A. National Coal Association, Coal Build-
ing, Washington, D.C.

A. National Committee for Effective Design
Legislation, 200 East 42d Street, New York.
NY.

D. (6) 9845. E. (9) 9206.76.

A. National Committee on Parcel Post Size
k. Weight UmiUtions, 1 145 19th Street NW.,
Washington. D.C.

A National Committee for Research in
Neurological Disorders, University Hospital,
Minneapolis. Minn.

E. (9) 95.000.

A. National Committee for the Universal
Copyright Convention. 24 West 40th Street,
New York, NY.

A. National Congress of Parents h Teach-
ers, 700 North Rush Street. Chicago, 111.

A. National Cotton Comprew & Cotton
Warehouse Association. 1085 Shrine Btilld-
Ing. Memphis. Tenn.

A. National Cotton Council of America,
Poet Office Box 0005. Memphis. Tenn.
D. (6) 98.322.37. E. (9) 98.322.37.

A. National Council Junior Order United
American Mechanics. 3027 North Broad
Street. Philadelphia. Pa.

E. (9) 9150.

A. National Council of Naval Air Stations
Employee Organizations, 3005 Fernside Bou-
levard. Alameda. Calif.

D. (6) 9100.'

A. National Counsel Associates. 229 Shore-
ham Building, Washington, D.C.

B. Association of First Class Mailers, 500
Walker Building. Washington, DC.

D. (6) 9667.60. K. (9) t746.4S.

A. National Counsel Asaoclates. 229 Shore-
ham Building. Washington. D.C.

B. Independent Airlines Aaaoclation. 1411
K Street NW.. Washington. D.C.

D. (6) 91.760. E. (9) 91.342.69.

A. National Economic Council, Inc.. 7501
Xiupire State Building, New York. N.Y.
D. (6) 9523.72. E. (9) 9680.94.

A. NaUonal Kectrical Contractors Asso-
ciation. Inc.. 1200 18th Street NW.. Wash-
ington. DC.

A. National Electrical Manufacturer* As-
sociaUon. 155 Bast 44th Street. New York.
NY.

D. (6) 92,666.60. B. <9) 92.686.69.

A. NaUonal FederaUon of Federal Employ-
ees. 1729 O Street NW.. Washington. D.C.
D. (6) 9125.680.15. E. (9) 99.061.16.

A. National Federation of Post Office
Glarka. 817 14th Street NW.. Washington.
DC.

D. (6) 9162332.66. E. (9) 922.869>t.

A. National Housing Conference. Inc., 1025
Connecticut Avenue NW.. Washington. DC.
D. (6) 921.995.16. E. (9) 918.933.02.

A. NaUonal Independent Dairies Associa-
tion. 1627 K Street NW.. Washington, DX;.

A. National Independent Meat Packers As-
soclaUon, 740 11th Street NW., Washington.
DC.

D. (6) 9900.43. E. (9) $2,548.14.

A. National League of Insured Savings As-
sociations, 907 Ring Building. Washington,
DC.

D. (6) 9847.70. E. (9) $2,758.38.

A. National Limestone InsUtute. Inc.. 210
H Street NW.. Washington. D.C.
D. (6) $973.25. E. (9) $973.25.

A. NaUonal Livestock Tax Committee. 801
It 17th Avenue. Denver. Colo.
D. (6) $1,258.66. E. (9) $1,770.30.

A. National Lumber Manufacturers Asso-
ciation. 1319 18th Street NW.. Washington.
D.C.

D. (6) $1322.19. E. (9) $1,642.74.

A. National Milk Producers Federation, 30
F Street NW.. Washington. D.C.
D. (6) $7,039.63. X. (9) $7,030.63.

A. National Multiple Scleroals Society, 267
Fourth Avenue. New York City.

B. (9) $832.19.

A. National Parking Aaeoelatton. Inc., 711
14th Street NW.. Washington. D.C.

A. NaUonal PostaU Transport Aasoctation.
100 Indiana Avenue NW., Washington. D.C.
D. (6) $9.49238. X. (0) $9.49238.

A. National Postal Committee for Xduea-
tlonal and Cultursl Materials. 24 Weat 40tli
Street. New York. N.T.

A. National Restaurant Asaoclatlon, 1012
14th Street NW., Waahlngton. D.C.
D. (6) $3,440.92. E. (9) $3,44033.

A. National Retail Fm-nlture Asaoclatlon,
666 Lake Shore Drive. Chicago, 111.

A. National RetiOl Merchants Aseodatioa.
100 West 31st Street. New York. N.Y.
D. (6) $8,786.04 B. (0) $12346.76.

A. National RUers it Harbors CongreM,
1028 Connecticut Avenue NW.. Washington.
DC.

D. (6) $3,070. K (9) $8,080.

A. NaUonal Rural Electric Cooperative As-
soclatloa. 3000 Florida Avenxie NW.. Wash-
ington. D.C.

E. (9) $499.58.

A. NaUonal Rural Letter Carriers' Associa-
tion. 1040 Warner Building. Washington, D.C.
D. (6) $14,026.63. E. (9) $738302.

A. NaUonal Society of Professional Kngi-
neers. 2029 K Str-iet NW.. Washlngfton. D.C.
Di (6) $64378.44. E. (9) $4,975.39.

A. National Tax Relief Coalition. 2Me Pine
Croft Road. Oreenslx)ro. N.C.

B. L. S. Franklin, 2300 Pine Croft Road,
Oreensboro. N.C.

A. A. Z. Nelaon. 1310 18th Street NW..
Washington. D.C.

B. National Lumber Manufacturers Asso-
ciation, 1319 18th Street NW., Washington.
D.C.

X. (9) $830.

A. National Tire Dealers and Retreaders
AsBOCiaUon. 1348 L Street NW., Washington,
DC.

D. (8) $88. B. (9) $38.

A. National Woman's Christian Temper-
ance Union. 1730 Chicago Avenue. Evanston.
111.

D. (8) $2.68830. S. (9) 833103$.

A. NaUonal Wool Growers AaeodaUon,
414 Crandall Bullcllng. Salt Lake City. Utalx.
D. (6) $28346. B. (8) $332131.

A. Nation-Wide Conunlttee of Industry,
Agriculture and Latx>r on Import-Export
Policy. 815 15th Street NW., Washington. D.C.

D. (6) $8,775. E. (9) $1637831.

A. Rol>ert R. Neal. 1701 K Street NW..
Washington, D.C.

B. Health Insurance Association of Amer-
ica. 1701 K Street NW.. Washington, D.C.

A. William S. Neal. 918 16th Street NW..
Washington. D.C.

B. National Association of ICanufacturen.

A. Samuel E. Keel. 1001 18th Street NW..
Washington. D.C.

B. Mortgage Bankers Association of Amer-
ica. Ill West Washington Street. Chicago, IlL

D. (6) $4,600. B. (8) 8230832.

A. Samuel E. Keel. 1001 ISth Street NW..
Washington, D.C.

B. James W. Rouse h Co.. Inc., 14 West
Saratoga Street, BalUmore, Md.; Walker ft
Dunlop. Inc.. 006 16th Street NW., Washing-
ton. D.C; Frederick W. Berens. Inc.. 1722 L
Street NW.. Wa^liington, DC; The Carey
Wlnsttm Co., 17X1 Oonnectlctit Avenue NW..
Washington. D.C.: B. r. SaiU Co.. 826 16tli
Street NW.. Washington. D.C.

A. Paul Nelson, 2000 Florida Avenue NW.,
Washington. D.C.

B. National Rural Electric Cooperative
Association, 2000 Florida Avenue NW.. Wash-
ington. D.C.

A. New York ft New Jersey Dry Dock Asso-
ciation, 161 William Street. New York City.

D. (6) 82.236.63. E. (9) $2,01135.

A. New York Stock Exchange. 11 Wall
Street. New York. N.T.

E. (9) $3,000.

A. O. L. Norman, 1300 18th Street NW..
Washington. D.C.

B. NatioiuU AssoclaUon of Electric Com-
panies. 1200 ISth ^Street NW.. Washington.
D.C.

D. (6) $131230. B. (9) $84.58.

A. Robert H. North, llOS Barr Building.
Washington, D.C.

B. International Association of Ice Cream
Manufacturers. 1105 Barr Building, Wash-
ington. D.C.

A. Harry E. Northam, 185 North Wabash
Avenue, Chicago, 111.

B. Association of American Physicians and
Surgeons. Inc.. 185 North Wabash Avenue.
Chicago, 111.

A. B. M. Norton. 30 F Street NW.. Washing-
ton. D.C.

B. National MlQc Producers Federation,
80 F Street NW.. Washington. DC.

D. (6) $100. X. (9) $80.

A Brlce O'Brien. 1102 lUng BuUding,
Washington. D.C.

B. American Mining Congress. Ring Build-
ing. Washington 6. D.C.

D. (8) $800. S. (0) $035.

A. George J. O'Brien, 225 Bush Street. San
Francisco. Calif.

B. Standard OU Co. of California. 225 Bush
Street, San Francisco. Calif.

A. B. H. O'Connor, 176 West Adams Street,
Chicago, ni.

B. Insurance Economics Society of Amer-
ica. 176 West Adams Street, Chicago. Ul.

D. (6) $5329.75.

A. R. B. O'Connor, 122 East 42d Street, New
York. NY.

B. American Paper & Pulp AssoclaUon,
122 East 42d Street, Jfew York, N.Y.

A. John A. OTDonneU. 1616 P Street NW..
Washington. D.C.

B. American Trucking AssoclaUDns, Inc.,
1616 P Street NW., Washington, D.C.

D. (6) $900. B. (9) $600.

A. Ohio Railroad Association. 16 East Broad
Street. Columbus. Ohio.
X. (9) $782.68.

A. Alvln p.. Oliver, 400 Folger Btillding.
Washington, D.C.

B. Grain ft Feed Dealers National Asso-
ciation. 400 Folger BuUding. Wiishlngton.
D.C.

A. Clarence H. Olson. 1608 K Street NW.,
Waahingtcm. D.C.

B. The American Legion. 700 North Penn-
■TlTanla Street. Indianapolis, Ind.

D. («) $2,595. E. (9) $6932.

A. Samuel Omacta, 210 R Street MW.«

Washington, D.C.

B. National Limestone Institute, Inc., 110
H street NW., Washington, D.C.

E. (9) $3.

A. Clayton L. Om, 639 South Main Street.
Flndlay, Ohio.

B. The Ohio OU Co., Flndlay. Ohio.

A. Morris X. Osbum, Central Trust B\iild-
Ing, JefTerson City. Mo.

B. Missouri Railroad Committee.

A. Kermlt Overby, 2000 Florida Avenue
NW., Washington. D.C. -j

B. National Rural Electric Cooperative As-
sociation. 2000 Florida Avenxie NW., Washing-
ton. D.C.

D. (6) $182.

A. John A. Overholt, 10315 Kensington
Parkway, Kensington, Md.

B. National Association of Retired ClvU
Employees. 1625 Connecticut Avenue. Wash-
ington. D.C.

D. (6) $023.10. E. (9) $9839.

A. Vaux Owen. 1729 G Street NW.. Wash-
ington, D.C.

B. National Federation of Federal Bm-
plojrees, 1729 G Street NW.. Washington, D.C.

D. (6) $336539. E. (9) $430.

A. Pacific American Tankship Association,
25 California Street, San Francisco. Calif.
D. (6) 9200. E. (9) $1,62439.

A. Edwin F. Padberg, 1223 Pennsylvania
Building. Washington, D.C.

B. The Pennsylvania Railroad Co., 6 Penn
Center Plaza, Philadelphia, Pa.

A. Everett L. Palmer. 901 Hamilton Street,
Allentown, Pa.

B. Pennsylvania Power and Light Co., 901
Hamilton Street, Allentown, Pa.

E. (9) $159.49.

A. Lew M. Paramore, Town House Hoiel,
Kansas City, Kans.

B. Mississippi Valley Association, 1978
RaUway Exchange Building. St. Louis, Mo.

A. 3. D. Fuel, 044 Transportation BuUd-
ing, Washington, D.C.

B. Association of American Bailroada,
Transportation Building, Washington, D.C.

A. Mrs. Karla V. Parker. 1729 Union Boule-
vard SE.. Grand Rapids, Mich.

A. A. Lee Parsons. 10 East 40th Street, New
York, N.Y.

B. American Cotton Manufacturers Insti-
tute, 1601 Johnston BuUding, Charlotte, N.C.

A. James G. Patton.

B. The Farmers' Educational and Co-Op-
eraUve Union of America. 1575 Sherman
Street. Denver, Colo., and 1404 New Yoi*
Avenue NW.. Washington, DC.

D. (6) $1.25C. E. (9) $1,238.10.

A. Paul. Weiss. Rlfkind. Wharton & Garri-
son. 675 Madison Avenue. New York. N.Y.

B. Science Materials Center. Inc.. 60
Fourth Avenue, New York, N.Y.

D. (6) $3,000.

A. Edmund W. Pavenstedt. care of White ft
Case. 14 Wall Street. New York. N.Y.

A. Pehle, Lesser. Mann, Riemer ft Luxford,
1210 18th Street NW.. Washington. D.C.

B. El Salvador Fl£hermeu's Association,
8cm Salvador, Bl Salvador.

E. (9) $14.03.

330

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

331

ii« !

A. PhUlp C. Pendleton, Second Street Pike,
Bryn Athyn. Pa.

B. Charitable Contributors A*soclatl<m, 100
Old York Road, Jenklntown, Pa.

D. (6) $400. E. (9) »176.

A. Philip C. Pendleton, Second Street Pike,
Bryn Athyn, Pa.

B. FamUy Tax Asaoclatlon, 3110 Glrard
Truat Building, Philadelphia. Pa.

D. (6) $2,500. E. (9) $497.22.

A. Philip C. Pendleton, Second Street Pike.
Bryn Athyn, Pa.

B. The Pitcaim Co.. 100 West 10th Street.
WUmington, Del.

D. (6) $3,000. E. (9) $251.47.

A. Sanford Z. Persons, 820 13th Street NW.,
Washington, DC.

B. United World rederallsts. Inc., 820 13th
Street N.W., Washington. D.C.

D. (6) $655.80. E. (9) $17.05.

A. Mrs. Esther Peterson, 815 16th Street
NW.. Washington, DC.

B. Industrial Union Department, AFIr-CIO,
815 16th Street NW., Washington. D.C.

D. (6) $2,813.44. E. (9) $2,167.24.

A. Hugh Peterson.

B. Georgia Power Co., 75 Marietta Street.
Atlanta, Ga.

D. (6) $7,600.

A. Hugh Peterson. 1001 Connecticut Ave-
nue NW.. Washington. DC.

B. U.S. Cane Sugar Refiners Association,
1001 Connecticut Avenue NW.. Washington,
D.C.

A. J. Hardin Peterson, Post Office Bo« 111,
Lakeland, Fla.

B. Florida Citrus Mutual. Lakeland, Fla.
D. (6) $1,800. E. (9) $49.75.

A. J. Hardin Peterson, Post Office Box 111,
Lakeland. Fla.

B. West Coast Inland Navigation District.
Court House. Bradenton. Fla.

D. (6) $600. E. (9) $21.

A. J. Hardin Peterson. Post Office Box 111,
Lakeland. Fla.

B. C. C. Woodard, 7630 Blscayne Boule-
vard, Miami, Fla., J. W. Keen. Luke and Elea-
nore Flood. Frostproof, Fla., and J. Allen
Brown, Coral Gables, Fla.

X. (9) $17.18.

A. Kenneth Peterson, 1126 16th Street
NW., Washington, D.C.

B. International Union of Electrical, Radio
and Machine Workers. 1126 16th SUeet NW.,
Washington, D.C.

D. (6) $1,250.

A. Albert Pike, Jr.. 488 Madison Avenue.
New York. N.Y.

B. Life Insurance Association of America,
488 Madison Avenue, New York, N.Y.

O. (6) $72.50.

A. T. E. Plnkston, 101 East High Street,
Lexington, Ky.

A. Pitcaim Co., 100 West 10th Street,
Wilmington, Del.

E. (9) $3,727.95.

A. Plains Cotton Growers, Inc., 1720 Ave-
nue M, Lubbock. Tex.

D. (6) $7,943.72. E. (9) $1,350.

A. J. Francis Pohlhaus, 100 Massachusetts
Avenue NW., Washington, D.C.

B. National Association for the Advance-
ment of Colored People, 20 West 40th Street.
New York. N.Y.

D. (6) $827.94.

A. James K. Polk. 40 WaU Street, New
York. NY.

B. Consolidated Bdison Co. of New Tork.
Inc.. 4 Irving Place. New York, N.Y.

A. James K. Polk, 40 Wall Street, New
York. N.Y.

B. The Western Pacific Railroad Co.. 526
Mission Street, San Francisco, Calif.

A. Frank M. Porter, 1271 Avenue of the
Americas. New York, N.Y.

B. American Petroleum Institute, 1271
Avenue of the Americas, New York, N.Y.

A. Nelson J. Post, 30 F Street NW.. Wash-
ington. D.C.

B. National Milk Producers Federation, 30
F Street NW., Washington, DC.

D. (6) $60. E. (9) $105.58.

A. Charles E. Potter, 1411 K Street NW.,
Washington, DC.

B. Committee of American Tanker Owners,
Inc., 1411 K Street NW., Washington. D.C.

D. (6) $6,249.99. E. (9) $1,388.97.

A. Richard M. Powell, 1210 Tower Building,
Washington, D.C.

B. National Association of Refrigerated
Warehouses. 1210 Tower Building. Washing-
ton. DC.

A. William I. Powell, 1110 Ring Building,
Washington, DC.

B. Independent Petroleum Association of
America. 1110 Ring Building. Washington,
D.C.

E. (9) $8.70.

A. Thomas W. Power, 1012 14th Street NW.,
Washington. D.C.

B. National Restaurant Association. 1012
14th Street NW., Washington, DC, and 1530
North Lake Shore Drive. Chicago, 111.

D. (6) $525. E. (9) $50.

A. Homer V. Prater, 900 F Street NW.,
Washington, D.C.

B. American Federation of Government
Employees, 900 F Street NW., Washington,

DC.

D. (6) $2,124.80. E. (9) $30.

A. William C. Prather, 221 North La Salle
Street. Chicago. 111.

B. United States Savings & Loan League.
221 North La Salle Street, Chicago, 111.

D. (6) $275.

A. John H. Pratt, 905 American Security
Building, Washington, D.C.

B. National Electrical Manufacturers Asso-
ciation, 165 East 44th Street, New York,
N.Y.

D. (6) $2,500. E. (9) $68.48.

A. William H. Press, 1616 K Street NW.,
Washington. D.C.

B. Washington Board of Trade, 1616 K
Street NW., Washington, D.C.

D. (6) $4,800.

A. Ganson PurceU, 910 17th Street NW.,
Washington, D.C.

B. Insular Lumber Co., 1406 Locust Street,
Philadelphia, Pa.

K. (9) $9.44.

A. PurceU ft Nelson, 910 17th Street NW.,
Washington, D.C.

B. Government Development Bank for
Puerto Rico.

A. PurceU ft Nelson, 910 17th Street NW.,
Washington, D.C.

B. Nicaragua Sugar btates, Ltd., Mana-
gua, Nicaragua.

X. (9) $54.67.

A. C. J. Putt, 910 Jackson Street, Topeka,
Kans.

B. The Atchison, Topeka ft Sante Fe RaU-
way Co.. 920 Jackson Street, Topeka, Kans.

A. Luke C. Qulnn, Jr.. 1001 Connecticut
Avenue NW.. Washington. DC.

B. American Cancer Society. Arthritis and
RheumatUm Foundation. United Cerebral
Palsy Association, National Multiple Sclero-
sis Society, New York City, N.Y.; National
Committee for Research In Neurological Dls-
orders.*Mlnneapolls, Minn.

D. (6) $13,249.97. E. (9) $8,868.17.

A. Alex Radln. 919 18th Street NW.,
Washington, D.C.

B. American Public Power Association,
919 18th Street NW.. Washington. D.C.

D. (6) $68.44.

A. Alan T. Rains, 777 14th Street NW ,
Washington. D.C.

B. United Fresh Fruit ft VegeUble Asso-
ciation, 777 14th Street NW., Washington,
D.C.

K. (9) $52.12.

A. Donald J. Ramsey, 1612 I Street NW .
Washington, D.C.

B. Sliver Users Association. 1812 I Street
NW., Washington. D.C.

D. (6) $425. K. (9) $69.97.

A. J. A. Ransford. 1S17 F Street NW..
Washington. DC.

B. Tidewater OU Co., Los Angeles. Calif.

A. Stanley Rector. 606 Hotel Washington,
Washington, D.C.

B. Unemployment Benefit Advisors. Inc.
D. (6) $1,000.

A. Otle M. Reed, 1107 19th Street NW.,
Washington, D.C.

B. National Creameries Association, 1107
19th SUeet NW., Washington. D.C.

D. (6) $1,876. ■. (9) $3,288.66.

A. W. O. Reed. 6254 Woodland Drive, DaUas,
Tex.

B. Texas Railroads.

D. (6) $88.60. E. (9) $274.50.

A. William T. Reed, 6800 Connecticut
Avenue. Chevy Chase. Md.

B. SUndard Oil Co.. 910 South Michigan,
Chicago, 111.

D. (6) $1,600. B. (9) $188.66.

A. J. B. Reeves. Ninth and Jackson. Topeka.
Kans.

B. The Atchison. Topeka ft Santa Fe RaU-
way Co.. Ninth and Jackson, Topeka. Kans.

A. George L. Reid. Jr.. 1616 P Street NW..
Washington. DC.

B. American Trucking Associations, Inc.,
1616 P Street NW., Washington. D.C.

D. (6) $1,999.98. E. (9) $74.36.

A. George L. Reid, Jr., 1010 Vermont
Avenue NW.. Washington. D.C.

B. National Association of Wheat Growers.
Chappell. Nebr.

D. (6) $1,200. X. (9) $24.51.

A. Herbert S. Reid. 466 Lexington Avenue.
New York. NY.

D. (6) $1,500. K. (9) $118.85.

A. C. Frank Reifsnyder and Charles W.
HaUeck. 800 Colorado Building. Washington.
DC.

B. China Merchants Steamship Navigation
Co.. Ltd., 48 Chimg King Road. South,
Taipei. Taiwan.

D. (6) $5,000.

A. James Francis ReiUy. 1626 K Street NW..
Washington. D.C.

B. Potomac Electric Power Co.. 929 K Street
NW.. Washington. DC.

D. (6) $6,000. K. (9) $566.

A. RMenre OflUcers Association of the VS..
26U7 Connecticut Avenue NW., Washington,
DC.

A. Retired Officers AssoclHtion, 1616 I
Street NW., Washington, D.C.
D. (6) $48,628.08.

A. Retirement Federation of ClvU Service
Employees of the U^. Government, 900 F
Street NW., Washington. DC.

D. (9) $14,063.10. X. (») $9,849J0.

A. ^ugo J. Rlpp, 611 North 23d Street, Mil-
waukee, Wis.

B. Brotherhood of Railway Clerks, 1015
Vine Street, Cincinnati. Ohio.

D. (6) $100. B. (9) $116J&1.

A. WUliam N. Roach, 1616 P Street NW.,
Washington, D.C.

B. American Trucking Associations, Inc.,
1616 P Street NW., Washington, D.C.

D. (6) $3,000. E. (9> $264.78.

A. Jamec W. RUsbards, 1000 l«tb Street
NW.. Washington, D.C.

B. Standard Oil Co., 910 South Michigan
Avenue. Chicago. 111.

D. (6) $1,600. X. $778.31.

A. Harry H. Rlchantsoii, 336 Austin Street,
Bogalusa. La.

B. Louisiana Railroads.

D. (6) $56.78. E. <9> $131.36.

A. Leon D. Rlctaeson. 900 F Street NW..
Washington. DC.

B. Division 686. Amalgamated Association
of Street, Electric Railway and Motor Coach
BmployM of AoMrlea. AFL-dO, 000 F Street
NW.. Washington. DC.

A. James W. RlddeU, 731 Washington
Building. Washington. D.C.

B. American Industrial Bankers Associa-
tion, 613 Washington Building, Washington,
D.C.

A. James W. RiddeU. 731 Washington
Building. Washington, D.C.

B. CJ.T. Financial Corp., 660 Madison Av-
enue, New York. N.Y.

A. James W. RiddeU. 731 Washington
Building. Washington. D.C.

B. Entertainment Law Committee. 731
Washington Building. Washington, D.C.

A. Paul H. Robbins, 2029 K Street NW..
Washington, D.C.

B. National Society of Professional Engi-
neers. 2029 K Street NW., Washington. D.C.

D. (6) $250.

A. Adrian Raberts. Box 865. Benjamin
Franklin Station, Washington D.C.

E. (9) $400.

A. Frank L. Roberts. 1700 K Street NW.,
Washington, D.C.

B. Clirysler Corp., 341 Massachusetts Ave-
nue, Detroit. Mich.

D. (6) $250. E. (9) $100.

A. Charles A. Robinson. Jr., 2000 Florida
Avenue NW.. Wasnington, D.C.

B. Nntional Rural Electric Cooperative As-
sociation. 2000 Florida Avenue NW.. Wash-
ington. D.C.

D. (6) $59.40.

A. Donald L. Rogers. 730 15th Street NW..
Washington. D.C.

B. Association of Registered Bank Holding
Companies, 730 15th Street NW.. Washing-
ton, D.C.

D. (6) $343.75.

A. Frank W. Rogers. Suite 606, 1700 K
SLre<»t NW., Washington. D.C.

B. Western OU ft Gas Association. 609
South Grand Avenue. Los Angeles, Calif.

D. (6) $4,660.

A. Kimball Sanborn. 810 Pennsylvania
Building, Washington, D.C.

B. Boston ft Maine Railroad, Boston.
Mass.. and New York. New Haven Jt Hart-
ford Railroad, New Haven, Conn.

D. (6) $434. E. (9) $195.

A. L. R. SanTord. 21 West Street, New York.
NY.

B. Shipbuilders Council of America. 21
West Street, New York, N.Y.

A. Satterlee. Warfield ft Stephens, 460 Park
Avenue, New York, N.Y.

B. American Nurses' Association, 10 Co-
lumbus Circle. New York. N.Y.

D. (6) $400. E. (9) $82i>4.

A. O. H. Saunders, 1616 I Street NW.,
Washington. D.C.

B. Retired Officers Association, 1616 X
Street NW.. Washington, D.C.

D. (6) $1,950.

A. James W. RiddeU, 731 Washington
BuUding, Washington. D.C.

B. The First National City Bank of New

York. 55 Wall Street, New York, NY.

A. Jamea W. RiddeU. 731 Washington
Building, Washington. D.C.

B. State Farm Mutual Automobile Insur-
ance Co., 112 East Washington Street, Bloom-
Ington, 111.

D. (6) $1,140. X. (9) $27.00.

A. Slert F. Rlepna, Munsey Building,
Washington, DC. • ^^

B. National Association of Margarine Man-
ufacturers.

A. George B. Roecoe, 1200 18th Street
NW.. Waahlncton, D.C.

B. National Electrical Contractors Asso-
ciation, 1300 18th Street NW., Washington,
DC.

A. Maiu-lce Boaenblatt. 229 Sboreham
Building. Washington. DC.

B. National Counsel Associates, 229 Shore-
ham Building, Washington, D.C.

D. (7> $1300.

A. Robert M. Ruddlck, 210 Bender BuUd-
ing. Washington, DC.

B. United Air Lines, 5959 South Cicero
Avenue, Chicago, HI.

A. Jobn J. Higgle, 1616 H Street NW.,
Washington, D.C.

B. National Council of Parmer Coopera-
Uves, 1618 H Street NW., Washington, D.C.

D. (6) $3,375.

A. George D. Riley. 815 lOth Street NW.,
Washington. D.C.

B. American Federation of Labor and Con-
gress of Industrial Organlaattons, 816 16th
Street NW.. Washington, DC.

D. (6) $3,260. E. (9)$521.80.

A. John J. Riley, 20th and E Streets NW.,
Washington, D.C.

B. The Associated General Contractors of
America. Inc.. 30th and E Streets NW., Wash-
ington. D.C.

A. Albert R. Russell. 1918 North Parkway,
Memphis, Tenn.

B. National Cotton Council of America,
Post Office Box 9905. Memphis. Tenn.

D. (6) $2,892.51 E. (9) $484.10.

A. M. O. Ryan, 777 14th Street NW.. Wash-
ington. D.C.

B. American Hotel Association. 221 West
67th Street. New York, N.Y.

D. (6) $500. E. (9) $438.92.

A. William H. Ryan, 400 First Street NW.,
Washington. D.C.

B. District Lodge No. 44. International As-
sociation of Machinists. 400 First Street NW.,
Washington. D.C.

D. (6> $2,999.88. E. (9) $60.

A. Robert A. Saltzstein, 508 Wyatt Build-
ing. Washington. D.C.

B. The Associated Business Publications.
206 East 42d Street, New York. N.Y.

D. (6) $2,600. B. (9) $»7.&8.

A. Fred J. Scanlan, 1303 New Hampshire
Avenue NW.. Washington. D.C.

"5. Fleet Reserve Association, 1303 New
Hampshire Avenue NW.. Washington. D.C.

D. (6) $345.

A. Henry F. Schmidt, 77 Lincoln Street,
Jersey City. NJ.

B. Brotherhood of RaUway Clerks, 1016
Vine Street. Cincinnati, Ohio.

D. (6) $225. E. (9) $176i)7.

A. Schoene & Kramer, 1625 K Street NW.,
Washington. D.C.

B. Railway Labor Executives' Association.
400 First Street NW., Washington, D.C.

E. (9) $19.14.

A. HlUiard Schulberg, 211 Southern Build-
ing, Washington, D.C.

B. Washington (D.C.) RetaU Liquor Deal-
ers Association. Inc., 211 Southern BuUding.
Washington, D.C.

A. J. A. Schwab, 1223 Pennsylvania BuUd-
ing. Washington, D.C.

B. Pennsylvania Railroad Co.. 6 Penn Cen-
ter Plaza, Philadelphia, Pa.

A. Science Materials Center, Inc., 59
Fourth Avenue, New York, N.Y.
E. (9) $3,239.95.

A. Arthur E. Scribner, 210 H Street NW..
Washington, D.C.

B. National Limestone Institute, Inc.. 210
H Street NW., Washington. DX:.

A. Seafarers" Section, MTD, 132 Third
Street SE., Washington. D.C.

D. (6) $26375. X. (9) $18,270.28.

A. Durward Seals, 777 14th Street NW..
Washington, D.C.

B. United Fresh Fruit ft Vegetoble Asso-
ciation. 777 14th Street NW., Washington.
D.C.

A. Harry See. 400 First Street NW., Wash-
ington. D.C.

B. Brotherhood of Railroad Trainmen.
£. X9) $25.25.

A. Clayton A. Seeber. 1201 16th Street
NW., Washington, D.C.

B. Division of Legislation ft Federal Re-
lations of the National Education Association
of the United States, 1201 16th Street NW..
Washington, D.C.

D. (6) $218.75. E. (9) $13.06.

»*

5li

m

lit

332

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

333

A. Fred O. Selg. 944 Transportation Build-
ing. Waahlngton, D.C.

B. Association of American Railroads,
Tiansportatlon Building. Washington. DC

D. (6) $69.75. E. (9) $118.

A. Leo Seybold. 1000 Connecticut Avenue
NW.. Washington. D.C.

B. Air Transport Association of America,
1000 Connecticut Avenue NW., Washington,
DC.

D. (6) »720. E. (9) 955.20.

A. T. W. Smiley. 136 Bast 11th Place. Chi-
cago. 111.

B. Illinois Railroad Association. 135 Bast
11th Place, Chicago, 111.

E. (9) $213.87.

A. Carleton D. Smith. 1725 K Street NW..
Washington. D.C.

B. Radio Corp. of America, 30 Rockefeller
Plaza. New York. N.Y.

A. William W. Spear. 214 National Bank
Building. Fremont, Nebr.

B. SUndard Oil Co., 910 South Michigan
Avenue, Chicago. 111.

D. (6) $900. E. (9) $626M.

A. John P. Speer, Jr., 1106 Barr Building,
Washington, DC

B. International Association of Ice Cream
Manufacturers.

A. Alvln Shapiro, 919 18th Street NW.,
Washington, D.C.

B. American Merchant Marine Institute, DC
Inc., 919 18th Street NW.. Washington, DC,
and 11 Broadwav, New York, N.Y.

D. (6) $562.50. E. (9) $93.89.

A. Dudley Smith, 732 Shoreham Building,
Washington. DC.

B. Association of Sugar Producers of Puerto
Rico, 732 Shoreham Building, Washington, lug. Washington. D.C

D. (0) $200.

A. Richard A. Squires, 1102 Ring Building,
Washington, DC.

B. American Mining Congress. Ring Bulld-

A. Fred Smith & Co., Inc., 10 East 40th
Street. New York. N.Y.

B. Edward Malllnckrodt. 16 Westmoreland

A A Manning Shaw, 1625 I Street NW., Place. St. Louis. Mo.

Washington, D.C. D <«» *^-^^

B. Brown & Lund, 1626 I Street NW..

Washington, D.C.
D. (6) $471.50.

A. Leander I. Shelley. 608 Fifth Avenue.
New York. N.Y.

B. American Association of Port Authori-
ties. Inc., Washington, D.C. and Airport Op-
erators Council, Inc.. Washington. D.C.

D. (6) $749.98. E. (9) $453.93.

A. Harold Arden Smith, 606 West Olympic
Boulevard, Los Angeles, Calif.

B. Standard Oil Co. of California. 225 Bush
Street, San Francisco, Calif.

D. (6) $200. E. (9) $240.

A. James R. Smith. 1060 Omaha National
Bank Building. Omaha, Nebr.

B. Mississippi Valley Association. 1978
Railway Exchange Building. St. Louis. Mo.

A. Lloyd W. Smith, 416 Shoreham Building,

B. life Insurance Association of America. Washington, DjC.

488 Madison Avenue, New York, N.Y. B. Chicago, Burlington A Qulncy Railroad

n rSV ilBO Co.. 647 West Jackson Boulevard, Chicago,

^ ' • ni., and Great Northern Railway Co., 179 Bast

A. Laurence P. Sherfy. 1102 Ring Building. Fourth Street, St. Paul. Minn. ^^
Washington. D.C. D. (6) $4,267.

B. American Mining Congress. Ring Build
Ing, Washington, D.C.

D. (6) $600.

A. Bruce E. Shepherd. 488 Madison Avenue,
New York, NY

A. M. Frederlk Smith. 10 Bast 40th Street.
New York, NY.

B. Council of Conservationists. Inc., 10

A. Thomas G. Stack. 1104 West 104tb Place.
Chicago. 111.

B. National R. R. Pension Forum. Inc..
1104 West 104th Place. Chicago. 111.

D. (6) $1300. E. (9) $2,409.40.

A. Howard M. Starling. 837 Washington
Building. Washington. DC.

B. Association of Casualty and Sxirety Cos.,
60 John Street. New York. NY.

D. (6) $160. E. (9) $7Ji0.

A. Mrs. C. A. L. Stephens, Post OfBce Box
6234 Northwest Station. Washington. DC.

A. RuMcll U. Stei^ens. 900 P Street NW..
Washington. D.C.

B. American Federation of Technical engi-
neers. 900 F Street NW.. Washington, DC.

D. (6) $240. K. (9) $20.

A. Sterling F. Stoudenmlre, Jr., 61 St.
Joseph Street, Mobile, Ala.

B. Waterman Steamship Corp., 61 St.
Joseph Street, Mobile. Ala.

D. (6) $1,406.26.

A. Robert H. Shields, 920 Tower Building, East 40th Street, New York, N.Y.
Washington, D.C.

B. United States Beet Sugar Association.
•20 Tower Building. Washington. D.C.

D. (6) $250.

A. Wallace M. Smith. 426 13th Street NW.,
Washington. D.C.

B. American Mutual Insurance Alliance.

A. Richard L. Shook. 1000 Connecticut
Avenue, Washington, D.C.

B. Magnavox Co.. Fort Wayne. Ind.
B. (9) $43.40.

A. Robert L. Shortle, 801 International
Building. New Orleans. La.

B. Mississippi Valley Asoclatlon. 1978 Rail-
way Exchange Building. St. Louis. Mo.

A. Charles B. Shuman, Merchandise Mart
Plaza, Chicago. 111.

B. American Farm Bureau Federation, jjj. Washington. D.C.
Merchandise Mart Plaza, Chicago, 111.

D. (6) $625.

A. O. R. Strackbeln. 815 15th Street NW..
Washington, D.C.
D (6) $1.15335.

A. O. R. SUackbeln, 815 16th SUeet NW.,
Washington. D.C.
D. (6) $629.

A. O. R. Strackbeln.

B. Nation -Wide Committee of Industry.
Agriculture & Labor on Import-Bxport Policy,
816 15th Street NW.. Washington. D.C.

D. (6) $6,260.

A. O. R. Strackbeln. 816 16th Street NW..
Transportation Building. Washington. D.C. Washington. D.C.

D. (6) $472.50. E. (9) $224.27. b. Texas Sugar Beet Growers Association.

Hereford. Tex.

A. Edward F. Snyder. 245 Second Street D. (6) $1,045. E. (9) $42.43.

A. Wayne H. Smlthey, 1200 Wyatt"6ulldlng,
Washington, D.C.

B. Ford Motor Co.. Dearborn, Mich.
D. (6) $1,923.50. B. (9) $68746.

A. Lyle O. Snader. 944 Transportation
Building. Washington, D.C.

B. Association of American Railroads,

A. Silver Users Association, 1612 I Street
NW., Washington, D.C.
X. (9) $774.35.

A. Six Agency Committee, 909 South
Broadway, Los Angeles, Calif.

D. (6) $2,400. E. (9) $4,942.28.

B. Friends Committee on National Legls- a. William A. Strlngfellow. 827 Investment

latlon. 245 Second Street NE., Washington. Building, Washington. D.C.

DC. B. National Association of Mutual Incur-

D. (6) $1,280.76. ance AgenU. 827 Investment Building, Wash-

Ington, D.C.

A. Society for Animal Protective Leglsla-

tlon, 745 Fifth Avenue, New York. N.Y, a. Norman Strunk, 221 North La Salle

D. (6) $173. B. (9) $1,724.12. Street, Chicago, 111.

B. United State* Savings ft Loan Leafue,

A. Charles B. Sonneborn. 210 H Street NW., 221 North La Salle Street, Chicago. HI.

A. Harold S. Skinner. Poet Office Box 2197. '^t''*'i,"!!°°' Pv^.' f««. Tr,.tit„t- mo oin

Houston Tex ®' National Limestone Institute. Inc.. 210

B. Continental Oil Co., Post Office Box H Street NW.. Washington. D.C.

2197. Houston, Tex.

A. Marvin J. Sonoeky, 1028 Connecticut

A. Carstens Slack. 1625 I Street NW.. Avenue NW., Washington. DC
Washington, D.C.

B. Phillips Petroleum Co., BartlesvlUe,
Okla.

D. (6) $300. X. (9) $325.

A. Harold Slater, 1523 L Street NW.,
Washington, DC.

B. American Medical Association, 535 North
Dearborn Street, Chicago, 111.

D. (6) $875. B. (9) $51.06.

D. (6) $625.

A. Arthur Sturgls, Jr., 1146 19th Street
NW., Washington. D.C.

B. American Retail Federation. 114S 19th
Street NW.. Washington, D.C.

D. (6) $280.

A. J. E. Sturrock. 607 Uttlefleld BuUding.

B. International Brotherhood of Electrical Austin, Tex.

Workers, 330 South Wells, Chicago, ni. B. Texas Water Conservation Aaaodatlon,

D. (6) $686. 607 Uttlefleld BuUdlng. Austin. Tex.

D. (6) $2,100. E. (9) $80937.

A. Southern States Industrial Council.

1103 Stahlman Building, Nashville, Tenn. A. J. Monroe Sullivan, 1626 K Street NW.,

D, (6) $18,767.06. E. (9) $8,606.26. Washington, D.C.

A. J. Taylor Soop. 400 First Street NW..
Washington. D.C.

B. Pacific American Steanxship Association,
16 California Street, San Francisco. Calif.
D. (6) $893.75. B. (9) $1,223.56.

A. Frank L. Sundstrom. 350 Fifth Avenue,
New York, N.Y.

B. Schenley Industries. Inc., 350 Fifth Ave-
nue, New York. N.Y.

A. Surrey. Karasik. Gould & Bfron. 1116
Woodward Building. Washington. D.C.

B. Fluorspar Importers and Producers In-
stitute, care of Warren J. Slnshelmer. 41 Bast
42d SUeet. New York. N.Y.

A. Surrey. Karasik. Gould & Bfron. 1116
Woodward Building. Washington. D.C.

B. Ronaon Corp., 1 Ronson Road, Wood-
bridge. NJ.

A. Siurey, Karasik. Gould & Bfron. 1116
Woodward Building. Washington. DC.

B. South Puerto Rico Sugar Co., 99 Wall
Street. New York. N.Y.

A. Noble J. Swearlngen, 224 Bast Capitol
Street, Washington, D.C.

B National TuberculoaU Aaeoclation. 1790
Broadway, New York. N.Y.

D. (6) $280. B. (9) $83.20.

A. Charles P. Taft. 1026 ConnecUcut Ave-
nue NW.. Washington. DC

B. Legislative Committee of the Commit-
tee for a NaUonal TriKJe Policy. Inc.. 1026
Connecticut Avenue NW.. Washington. DC.

D. (6) $75. B. (9) $830.

A. Glenn J. Talbott.

B. The Farmers' Educational and Co-Op-
eratlve Union of America. 1675 Sherman
Street. Denver, Colo., and 1404 New York
Avenue NW., Washington. D.C.

D. (6) $37835. E. (9) $30131.

B. Life Insurance Aasociation of America,
488 Madison Avenue, New York, N.Y.
D. (6) $300. E. (9) $8.62.

A. G. D. Tllghman, 1612 K Street NW.,
Washington, D.C.
D. (6) $3,750.

A. Union Producing Co., 1525 Fairfield
Avenue, Shreveport, La., and United Gas
Pipe Line Co., 1525 Fairfield Avenue, Shreve-
port, La.

E. (9) $830.37.

A. William H. Tlnney, 1223 Pennsylvania
Building. Washington, D.C.

B. The Pennsylvania Railroad Co., 6 Penn
Center Plaza, Philadelphia, Pa.

A. United American Veterans Commen-
tator, 1129 Vermont Avenue NW.. Washing-
ton. D.C.

A. M. S. Tisdale. 2355 Alameda Street.
Vallejo. Calif.

B. Armed Services C<»nmittee. Chamber
of Commerce of Vallejo. Calif.

D. (6) $295. E. (9) $164.18.

A. United Cerebral Palsy Associations. 821
West 44th Street. New York City.
E. (9) $1386.90.

A. United States Savings & Loan League,
221 North La Salle Street. Chicago, 111.
E. (9) $8,957.21.

A. H. Willis Tobler, 30 F Street NW., Wash-
ington, D.C.

B. National Milk Producers Federation, 30
F Street NW., Washington. D.C.

D. (6) $300. B. (9) $129.50.

A. John H. Todd, 1085 Shrine Building,
Memphis, Tenn.

B. National Cotton Compress and Cotton
Warehouse Association, 1085 Shrine Build-
ing. Memphis, Tenn.

A. United States Trust Oo. of New York,
45 Wall Street, New York, N.Y.
E. (9) $59.16.

A. United World Federalists, Inc., 820 13th
Street NW.. Washington, D.C.
D. (6i $375. E. (9) $697.22.

A. F. Gerald Toye. 777 14th Street NW.,
Washington. DC.

B. General Electric Co.. 670 Lexington
Avenue, New York. N.Y.

A. Thomas M. Venables, 2000 Florida Ave-
nue NW.. Washington, D.C.

B. National Rural Electric Cooperative As>
soclatlon, 2000 Florida Avenue NW., Wash-
ington. D.C.

A. Dwlght D. Taylor. Jr., 918 16th Street
NW.. Washington. DC.

B. American Airlines. Inc.. 918 16th Street,
NW., Washington. DC

A. Edward D. Taylor. 777 14th Street NW..
Washington. D.C.

B. Office Equipment Manufacttirers Insti-
tute, 777 14th Street NW.. Washington, D.C.

A. John T. Taylor, 425 13th Street NW.,
Washington, D.C.

B. American Farm Bureau Federation,
2300 Merchandise Mart. Chicago, 111.

D. (6) $08333. B. (9) $9.73.

A. Texaa Water Conservation Association,
607 UtUefleld Building, Austin. Tex.
D. (6) $10,989. B. (9) $5,499.18.

A. Christy Thomas & Barry Sullivan, 536
Washington Building. Washington. D.C.

B. The National Association of River and
Harbor Contractors. 16 Park Row. New York.
NY.

D. (6) $750. X. (9) $13331.

A. Christy Thomas & Barry SulUvan. 586
Washington Building. Washington, D.C.

B. Piiget Sound Bridge & Dry Dock Co.,
2929 16th Avenue SW., Seattle, Wash.

A. Oliver A. Thomas. 125 North Center
Street. Reno, Nev.

B. Nevada Railroad Association. 125 North
Center Street, Reno. Nev.

A. William B. Thompson. Jr.. 944 Trans-
portation Building, Washington. D.C.

B. Association of American Railroads,
Transportation Building, Washington, D.C.

D. (6) $333.83. K. (9) $135.25.

A. Xugene M. Thore, 1701 K Street NW.,
Washington, D.C.

A. Trade Relations Council of the United
States, Inc., 122 East 42d Street. New York,
N.Y.

A. Transportation Association of Anjerlca,
1710 H Street NW.. Washington, D.C.

A. Richard S. Trlbbe, 1508 Merchants
Bank Building, Indianapolis, Ind.

B. Associated Railways of Indiana, 1508
Merchants Bank Building, Indianapolis. Ind.

A. Richard E. Vemor, 1701 K Street NW.,
Washington. D.C.

B. American Life Convention, 280 North
Michigan Avenue, Chicago, Dl.

D. (6) $80.

A. L. T. Vice, 1700 K Street NW., Wash-
ington, D.C.

B. Standard Oil Co. of California, 1700 K
Street NW., Washington, D.C.

D. (6) $60. E. (9) $35.

A. Matt Triges, 425 13th Street NW.,
Washington, D.C.

B. American Farm Bureau Federation.
2300 Merchandise Mart, Chicago. HI.

D. (6) $1,662.50. E. (9) $59.88.

A. J. T. Trulllnger. National Bank of Com-
merce Building. Olympla, Wash.

B. Mobil Oil Co.. 612 South Flower Street.
Los Angeles. Calif., et al.

A. Ernest Allen Tupper. 1420 New York
Avenue NW., Washington. D.C.

B. American Can Co.. 100 Park Avenue,
New York. N.Y.

A. Harold J. Tiurner, Henry Building. Port-
land. Oreg.

B. Spokane, Portland & Seattle Railway
Co., Henry Building. Portland. Oreg., et al.

A. John W. Turner. 400 First Street NW..
Washington. D.C.

B. Brotherhood of Locomotive Engineers,
B. of L. E. BuUdlng. Cleveland, Ohio.

A. William S. Tyson, 821 16th Street NW..
Washington. D.C.

B. Local No. 30, Canal Zone Pilots Asso-
ciation, Post Office Box 601. Balboa. C.Z.

E. (9) $97.06.

A. R. K. Vinson. 1346 Connecticut Avenue
NW.. Washington, DC.

B. Machinery Dealers National Association,
1346 Connecticut Avenue NW.. Washington.
D.C.

A. Carl M. Walker, 30 F Street NW., Wash-
ington. D.C.

B. National Milk Producers Federation. 30
F Street NW., Washington, D.C.

D. (6) $50. E. (91 $180.

A. Leland M. Walker, 1729 G Street NW.,
Washington, DC.

B. National Federation of Federal fcn-
ployees, 1729 G Street NW., Washington. D.C.

D. (6) $2,884.65. E. (9) $11132.

A. Paul H. Walker. 1701 K Street NW.^
Washington. D.C.

B. Life Insurance Association of America.
488 Madison Avenue, New Yorlt, N.Y.

D. (6) $67.50. E. (9) $2.69.

A. Stephen M. Walter. 1200 18th Street
NW.. Washington, D.C.

B. National Association of Electric Com-
panies. 1200 18th Street NW., Washington,
DC

D. (6) $597.50. E. (9) $40.42.

A. William S. Tyson, 821 15th Street NW..
Washington. D.C.

B. Western Range Association. 2438 Tulare
Street, Fresno. Calif.

E. (9) $71.

A. Lewis H. Ulman. 1001 Connecticut Ave-
nue NW.. Washington. D.C.

B. American Telephone & Telegraph Co..
195 Broadway. New York. N.Y.

D. (6) $50.

A. Washington Board of Trade, 1616 K
Street NW., Washington, D.C.

A. Washington Home Rule Committee.
Inc.. 924 14th Street NW., Washington. D.C.
D. (6) $126.44. E. (9) $1,072.48.

A. Jeremiah C. Waterman. 206 Transporta-
tion Building. Washington. D.C.

B. Southern Pacific Co.. 205 Transporta-
tion Building, Washington. DC.

A. J. R. Watson. l.CJRM. Passenger SU-
tlon. Jackson. Miss.

B. Mississippi Railroad Association. I.C.
RJl. Passenger Station. Jackson, Miss.

334

CONGRESSIONAL RECORD — HOUSE

January 6

1961

A. Walters & Donovan. 161 William Street,

New York City. .„ ». .

B. New York and New Jersey Dry Dock As-
aoclaUon, 181 William Street. New York City.

D. (6) $1,875.

A. Weaver & Olassle, 1225 l&th Street NW.,
Washington, D.C.

B. The Atlantic Refining Ck).. 260 South
Broad Street. Philadelphia, Pa.

D. (6) WOO.

A. Weaver & Olassle. 1226 19th Street NW..
Washington. D.C.

B. Eastern Meat Packers Association, Inc.,
740 nth Street NW., Washington. D.C.

E. (9) $1.22.

A. Weaver & Classic. 1225 19th Street NW..
Washington. D.C.

B The National Independent Meat Pack-
ers Association. 740 11th Street NW.. Wash-
ington. D.C.

D. (6) •250. E. (9) $44.42.

A. William H. Webb. La Salle BuUdlng.
Washington. D.C.

B. National Rivers and Harbors Congress.
1028 Connecticut Avenue NW.. Washington,

DC.

D. (6) $2,490. E. (9) $221.47.

A. K. E. Webster. 400 First Street NW..
Washington. D.C.

B. Brotherhood of Maintenance of Way
Employees. 12050 Woodward Avenue, De-
Uolt, Mich.

D. (6) $2,301.92.

A. West Coast Inland Navigation District,
Court House. Bradenton. Pla.

E. (9) $401.08.

A. Richard P. White. 835 Southern Build-
ing. Washington. D.C.

B. American Asaoclatlon of Nurserymen.
Inc., 835 Southern Building. Washington.
D.C.

D. (6) 137.60. E. (9) $109.64.

A. H. Leigh Whltelaw, 734 15lh Street NW .
Washington. DC.

B. Gas Appliance Manufacturers Associa-
tion, Inc.. 60 East 42d Street, New York. NY.

A. Scott C. Whitney. 918 16th Street NW..
Washington. D.C.

B. American Airlines, Inc., 918 16th SUeet
NW.. Washington. DC.

D. (6) $1,000. B. (9) $700.

A. Everett B. Wilson, Jr., 732 Shoretum
Building. Washington. D.C.

B. Association of Sugar Produoen of
Puerto Rico. 732 Shoreham BuUdlng, Wash-
ington, D.C.

A. W. E. WlUon. 1525 Fairfield Avenue,
Shrcveport. La.

B. Union Producing Company, 1626 Fair-
field Avenue. Shreveport. La., and United
Gas Pipe Line Co.. 1526 FlOrfleld Avenue,
Shreveport. La.

D. (6) $600. E. (9) $230.37.

A. W. r. Wlmberly. Post Office Box 4147.
Atlanta. Ga.

B. The Pure OH Co.. 35 East Wacker Drive,
Chicrg?. 111.

A. Louis E. Whytc. 018 16th Street NW..
Washington. DC.

B. Independent Natural Gas Association of
Amerlc.n. 918 Iflth Street NW.. Washington.
DC.

A. Frnnz O. Wlllenbucher. 1616 I Street
NW.. Washington. D.C.

B. Retired Offlcer* ArEOclatlon, 1616 I
Street NW.. Washington. D.C.

D. (6) $3,000. "

A. Harding deC. Williams. 1300 Connecti-
cut Avenue. NW.. Washington. D.C.

B. National Association of Real Estate
Boards. 36 South Wabash Avenue. Chicago,
HI., and 1300 Connecticut Avenue NW.. Wash-
ington. DC.

D. (6) $1,417. E. (9) $2.

A. Wherry Housing Association. 1737 H
Street NW.. Washington, DC.

B. (9) $401.08.

A. Don White. Box 279, Fairfax. Va.

B. National Audio-Visual Association,
Inc., Box 279. Fairfax. Va.

D. (6) $3,750. E. (9) $3,880.53. ' *

A. John C. White. 838 Transportation
BuUdlng. Washington. DC.
D. (6) $900. E. (9) $65.25.

A. Marc A. White. 1707 H Street NW.,
Washington, DC.

B. National Association of Securities Deal-
•n.Inc.

A. John C Williamson. 1300 Connecticut
Avenue. Washington, DC.

B. National Association of Real Estate
Boards, 36 South Wabash Avenue, Chicago.
lU.. and 1300 Connecticut Avenue NW.. Wash-
ington. D.C.

D. (6) $3,700. E. (9) $369.10. ":'

A. Clark L. WUeon, 1145 19th Street NW.,
Washington, D.C.

B. Emergency Lead-Zinc Committee.
D. (6) $1,000. E. (9) $1,694.89.

CONGRESSIONAL RECORD

RBQISTRATIONS

HOUSE

335

The following registrations were submitted for the third calendar quarter 1960:

(NoTX. — The form used for registration is reproduced below. In the interest of economy in the Rkcord. questions are
not repeated, only the essential answers are printed, and are indicated by their respective letter and number.*

Fiix Two Copies With the Secxxtaxt of the Senate and File Tkkee Copies With the Cleuc or the House of Representatives :

This page (page 1) is designed to supply Identifying data: and page 2 (on the l>ack of this page) deals with financial data.

Pu^cx an "X" Bklow the Afpropxiate LrrrxK o« Figure in the Box at the Right of the "Report" Heading Below:

'Preliminart" Report < "Beglstratlon" ) : Tb "register." place an "X" below the letter "P" and fill out page 1 only.

•QOASTERLT" report: To Indicate which One Of the four Calendar quarters is covered by this Report, place an "X" below the appropriate
figure. Fill out both page 1 and page 2 and as many additional pages as may be required. The first additional page should be num-
bered as page "3." and the rest of such pages should be "4." "5." "6." etc. Preparation and filing in accordance with instructions will
accomplish compliance with all quarterly reporting requirements of the Act.

A. Everett T. Winter, 1978 Railway Bx-
ch.inge BuUdlng. St. Louis, Ifo.

B. Mississippi Valley Association, 1978 lUtl-
w.'.y Excha ige Building. St. Louis. MO.

A. Theodore V.'.prud. 1718 M Street NW ,
Washington. D.C

B. Medical Society of the District of Colum-
bia. 1718 M Street NW.. Wathlnston. D.C.

A. Wood. King. Dawson & Logan, 48 Wall
Street. New York. NY.

n. Committee for Broadening Commercial
Bink ParUclpatlon in Public Financing. 50
South LaSalle Street. Chicago. 111.

Year: 1».

REPORT
Pursuant to Federal Regulation of Lobbying Act

QUARTER

1st

9d

3d 4th

(Mark one square only))

A. Edward W. Wootton. 1100 National FrcM
EuildinT. Washington. DC.

B. Wine Institute. 717 Market Street. Ban
Pranclrco. Calif.

Mors OM IfSM "A". — (a) Ik General. This "Report" form may be used by either an organization or an Individual, as follows:

(i) "Employee". — To file as an "employee", state (in Item "B") the name, address, and nature of business of the "employer". (If

the "employee" Is a firm |BUch as a law firm or public relations firm), partners and salaried staff members of such firm may Join

In fiUng a Report as an "employee".)
(11) "Bmplover".— To lUe as an "employer", write "None" In answer to Item "B".
(b) Separate Reports. An agent or employee should not attempt to combine his Report with the employer's Report:

(1) Employers subject to the Act must file separate Reports and are not reUeved of this requirement merely because Reports are

fll«d by their agento or employees.
(U) Employees subject to the Act must file separate Reports and are not relieved of this requirement merely because Reports are

filed by their employers.

OXGAinZATION OR IrTDIVIOVAL FlLINO:

1 State name address, and nature of business. 2. If this Report Is for an Employer, list names or agente or employees

who will file Reports for this Quarter.

A Donald A. Young. 1615 H SUeet NW..
Washington. D.C.

B. Chamber of Commerce of the U^.A.

A. J. Banks Young. 1200 18th Street HW..
Washington. DC.

B. National Cotton Council of America.
Post Office Box 9305, Memphis, Tenn.

D. (6) $1,060. B. (9) $164.24.

NoTx ON Item "B". Keports by Agents or Emptoyees. An employee is to file, each quarter, as many Reports as he has employers, except

that- (a) If a particular undertaking U Jointly financed by a group of employers, the group is to be considered as one employer, but all
members of the group are to be named, and the contribution of each member is to be specified; (b) if the work Is done in the lutefest of
one person but payment therefor U made by another, a single Report— naming both persons as "employers"— Is to be filed each quarter.

B. EMPtOTxa.— Btate uune. address, and nature of business. U there U no employer, write "None."

A. E. Raymond Wilson, 246 Second Street
NE.. Washington. D.C.

B. Friends Committee on National Legisla-
tion, 245 Second Street NB., Washington,
DC.

D. (6) $1,360.23.

A. Gordon K. Zimmerman. Washington.

DC.

B National Association of Soil Conserva-
tion DUtrlcu. League City, Tex.

A. Zlmrlng. Gromflne * Sternsteln, 1001
Connecticut Avenue. Washington. D.C, and
11 South LaSalle Street. Chlcaffo. lU.

NoTX OK Item "O"— (ol The expression "in connection with legislative interests." as used in this Report, means "In connection with
attempting directly or indirectly, to Infiuence the passage or defeat of legislation." "The term •legislation' means bills, resolutions, amend-
ments, nominations, and other matters pending or proposed in either House of Congress, and includes any other matter which may be the
subject of action by either House' — 5 302(e). ^ . ^, .^ , w. .^ ^ *». t ww .

(b) Before urderiaklng any activities in connection with legislative Interests, organizations and individuals subject to the Lobbying
Act are required to file a "Preliminary' Report (Registration). ^. ^ .^ ^

(c) After beginning such acilvlUes, they must file a "Quarterly" Report at the end of each calendar quarter in which they have either
received or expended anything of value in connection with legislative Interests.

C. Lecblativx Inteeests. and Pubucations in connection therewith :

2. state the general legislative interests of
the person filing and set forth the specific

1. State approximately how long legisla-
tive interests are to continue. If recelpU
and expenditures in connection with
lagiaiatlve interesto have terminated,

legislative interests by reciting: (a) Short
titles of statutes and bills; (b) House and
Senate numbers of bills, where known; (c)
citations of statutes, where known; (d)
whether for or against such statutes and
bills.

□ place an "X" in the box at the
left, K> that this Office will no
longer expect to receive Reports.

(Answer items 1, 2, and 3 in the space below. Attach additional pages if more space Is needed)

3. In the case of those publications which the
person filing has caused to be Issued or dis-
tributed in connection with legislative In-
terests, set forth : (a) Descrlpltlon, (b) quan-
tity distributed; (c) date of distribution. (d>
name of printer or publisher (If publications
were paid for by person filing) or name of
donor (If publications were received as a
gift).

4. If this Is a "Preliminary" Report (Registration) rather than a "Quarterly" Report, state below what the nature and amount of antici-
pated expenses will be; and If for an agent or employee, state also what the dally, monthly, or annual rate of compensation Is to be.
If this Is a "Quarterly" Report, disregard this Item "C4" and fill out Item "D" and "E" on the back of this page. Do not attempt to
comMne a "Preliminary" Report (Registration) with a "Quarterly" Report.^

rwps^

AJTO>Avrr

[Omitted in printing]
PAGE 1<

336

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

337

336

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

337

t

I

A. W. B. Ardery, Washington. D.C.

B. General Motors Corp.. 3044 West Grand
Boulevard. Detroit. Mich.

A. A. V. Atkinson. 1925 K Street NW..
Washington. D.C.

B. Communications Workers of America.

A. Charles N. Brady. 1712 G Street NW..
Washington, D.C.

B. American Automobile Association, 1712
G £-rect NW.. Washington, DC.

A. Florence I. Broadwell. 1729 G Street
NW.. Washington. DC.

B. National Federation of Federal Bm-
ployecs. 1729 G Street NW., Washington, D.C.

A. Brookhart. Becker & Dorsey, 1700 K
Street NW.. Washington. D.C.

B. Philadelphia Freight Brokers. Forward-
ers & Custom Brokers Asfoclatlon, Inc., Post
Office Box 807. Philadelphia. Pa.

A. Leonard J. Calhoun, Washington Build-
ing. Washington. D.C.

B. Avon Products. Inc.. 30 Rockefeller
Plaza. New York, N.Y.

A. R. E. Davenport. Jr., FannvlUe, N.C.

A. Michael B. Deane, 1700 K Street NW..
Washington, D.C.

B. Comlslon de Defensa del Azucar y Po-
mento de la Cana, 1825 Connecticut Avenue
NW., Washington. D.C.

A. Michael B. Deane. 1411 K Street NW..
Washington. DC.

B. Independent Airlines Association. 1411
K street NW., Washington. D.C.

A. Philip M. DeVany, 639 Woodward Build-
ing. Washington, D.C.

B. Fine Hardwoods Association, 666 Lake
Shore Drive, Chicago, 111.

A. Myron G. Ehrllch. 401 Third Street NW..
Washington. D.C.

B Marjory Hendricks. 2700 F Street NW..
Washington. D.C.

A. Pehle. Lesser. Mann. Rlemer * Lux-
ford. 1210 18th Street NW.. Washington. DC.

B. El Salvador Fishermen's Association,
San Salvador. El Salvador.

A. LouU H. Renfrow, Solar Building,
Washington. D.C.

B. National Coal Policy Conference. Inc..
Solar BiUldlng. Washington. D.C.

A. Warren S. Richardson. 1319 18th Street
NW.. Washington. DC.

B. National Lumber Manufacturers Asso-
ciation. 1319 18th Street NW.. Waahlngton.
DC.

A. Hal M. Chrlstensen, 222 East Superior

Street, Chicago. 111.

B. American Dental Association. 222 East
Superior Street, Chicago. 111.

A. Committee for Effective Use of the In-
ternational Court by Repealing the Self-
Judging Reservation. 36 West 44th Street.
New York. NY.

A. Committee to Support VS. Congress. 18
Laiirel Avenue. Old Bridge. N.J.

A. George R. Prankovlch. Sheraton-Bllt-
morc Hotel. Providence. R.I.

B. Manufacturing Jewelers & Silversmiths
of America. Inc.. Sheraton-BUtmore Hotel,
Providence, R.I.

A. Cornelius R. Gray. 1712 G Street NW..
Washington. D.C.

B. American Automobile Association. 1712
G Street NW.. Washington. DC.

A. Hollabaugh & Jacobs. 725 15th Street
NW.. Washington. D.C.

B. Government Patent Policy Study Com-
mittee. Munsey Building. Washington. D.C.

A. Manufacturing Jewelers & Silversmiths
of America. Inc.. Sheraton-BUtmore Hotel.
Providence. R.I.

A. Barbara Roads. 470 Palos Verdes Boule-
vard. Redondo Beach. Calif.

B. Air Line Stewards Sc Stewardesses Asso-
ciation. 316 West Randolph Street. Chicago.
111.

A. Richard L. Shook. 1000 Connecticut Ave-
n\ie. Washington. D.C.

B. Magna vox Co.. Port Wayne. Ind.

A. Carlcton D. Smith. 1725 K Street NW..
Washington. D.C.

B. Radio Corp. of America. 30 Rockefeller
PloEa. New York. NY.

A. Spring- Air Co.. 866 North Lake Shore
Drive. Chicago. 111.

A. John S. Stump. Poet Office Box 1101,
Alexandria. Va.

B. R. B. Davenport. Jr.. FarmvUle, M.C.

A. Surrey. Karasik. Gould & Sfron. Ill*
Woodward Building. Washington. D.C.

A. Charles L. Cusumano, 42 Broadway. New
York. N.Y.

B. Caslmlro Gliulcl, 90 East 141st Street,
Broiui. N.Y.

A. Mehler. Goldsborough & Ives. 2000 K A. Scott C. Whitney. 918 leth Street NW..
Street NW.. Washington. DC. Washington. DC.

B. Ferro Corp.. Glostex Chemicals, Inc., O. B. American Airlines. Inc.. 918 16th Street
Hommel Co.. and Pcmco Corp. NW.. Washington. DC.

EXTENSIONS OF REMARKS

The Role of Local Goyemment in Rela-
tioii to the Needs of State and Federal
GoTeraments

EXTENSION OP REMARKS

OF

HON. JAMES E. VAN ZANDT

OF PENNSYLVANIA

IN THE HOUSE OF REPRESENTATIVES
Friday, January 6, 1961

Mr. VAN ZANDT. Mr. Speaker, on
October 6. 1960, the State College
(Pa.) Chamber of Commerce through
Its legislative affairs committee spon-
sored a symposium at which time the
role of local government In relation to
the needs of State and Federal Govern-
ments was discussed.

It was my privilege to deliver the fol-
lowing address in connection with the
program :

The Roli of Local Govcrnmemt in Rela-
tion TO THE Needs of State and Fedeeal

GOVEXNMENTS

(Address by Representative James E. Van
Zandt. Member of Congress of the 20th
District of Pennsylvania)
The general principle of local government

Is basic to our freedom.

The varying forms of local government
stem from the beginning of American his-
tory— and from the traditions of Anglo-

Saxon-Vlklng and other northern European
peoples.

Such devices as the town meeting bear a
strong resemblance to the public meetings
by which much public business was con-
ducted In the government of the ancient
Creek city-states. .

Though the government of such states was
usually truly national government — because
It was Independent of any higher govern-
mental authority — yet It was truly local
government In Its form, and also In the nar-
row extent of territory and restricted num-
ber of people to which It applied.

Boards of aldermen, selectmen, county su-
pervisors, and the like constitute a form of
government whose origin Is lost In the mists
of antiquity.

Such governments differ from the govern-
ment of separated powers — as we know It In
our State and National Governments — In
that they often combine In one board or
council the legislative and executive powers.

Here, In the more Intimate departments of
government, where each leglalator-offlclal Is.
or should be, well known to the neighbors
whose affairs he is empowered to regulate,
the traditional reliance has been not on
formal and structural safeguards but on
direct contact consultation and the fre-
quently recurring opportunity to vote out
the Incumbents and vote in new men.

Actually, no theoretical structural safe-
guard built out of philosophical concepts of
government could equal the simple down-to-
earth safeguards, which we can easily have In
local matters, of knowing the territory,
knowing the officials, and keeping a watchful
eye upon their operations.

Local government deals with the tangible
and visible surroundings of our homes and
businesses.

As Thomas Jefferson said commenting In
his autobiography on this tendency toward
inipractlcallty In big government:

"Were we directed from Washington when
to sow and when to reap we should soon
want bread."

Abraham Lincoln wrote in his famous
"Fragment on Government" on July 1. 18M:

"The legitimate object of government Is to
do for a community of people whatever they
need to have done, but cannot do at all or
cannot so well do for themselves In their
separate and individual capacities.

"In all that the people can individually
do as well for themselves, government ought
not to Interfere."'

This, as well as Jefferson's remarks, repre-
sents sound American traditions In political
thinking.

I believe It Is consUtent with Lincoln's
thought that we keep governmental action
to the necessary minimum and that this in-
cludes submitting every public problem to
the smallest simplest, most local sort of gov-
ernment that seems able to handle It with
efficiency and economy.

This basic thought common to both Lin-
coln and Jefferson Is further ompllfled In
Jefferson's autobiography:

"It Is not by the consolidation or concen-
tration of powers but by their distribution
that good government is effected.

"Were not this great country already di-
vided Into States that division must be made,
that each might do for Itself what concerns

Itself directly and what it can so much
better do than a distant authority."

Continuing. Jefferson said :

"Every State again is divided into coun-
ties each to take care of what lies within
Its local bounds, each county again Into
township or wards to manage minute details
nr.d every ward into farms to be governed
each by its individual proprietor.

"It is by this participation of cares, de-
scending gradually from general to particu-
lar, that the mass of human affairs may be
best managed for the good and prosperity of
all."

A great defect In the American civic con-
sciousness is the tendency to confuse the
various levels of government and their ap-
propriate concerns.

The cltiaen will vote for or against a can-
didate for constable or similar local office
on the basis of the candidate's opinion on
some such question as the Arab-Israel dls-
agMMSfSnt or the problem of the Quemoy
•ad Ifatsu iFlands.

The same citizen will write to his Repre-
sentative or Senator in Washington with re-
gard to local parking regulations or sewer
charges or a proposed change in Eoning.

Studying and taking part in local govern-
ment is at once the easiest and the best way
for the citisen to get to understand the
workings of politics, to share In the mak-
ing of decisions and the planning of action
•ad to have the immediate satisfaction of
skaring the tangible benefits of his work
for the community.

It is also the most frequented path to-
ward a political career and probably the
best possible apprenticeship.

It is only too frequently the case, how-
ever, that the public ignores the local gov-
ernment and turns its eyes exclusively to
the Federal Government.

Particularly. citiEens tend to think the
Federal Government Is the proper place to
go for any sort of help that may be needed.
However, close to home may. be both the
problem and the means for its solution.

Maurice H. Stans. Director of the Bureau
of the Budget, drew a great deal of adverse
conunent as well as some hearty agreement
when he stated last December:

"We carry on massive Federal programs
which State and local governments could
do better."

This Is a facet of the present-day danger
of America — the tendency for anything big
to overwhelm, overcome, and annihilate
anything small.

Big business tends to swamp small busi-
ness; big government tends to swamp local
government.

In the Beld of government, the prerequisite
for any attempt to combat this tendency is
that ^e people should famlllariae them-
selves with the local scene.

They should study local needs and possible
programs: get to know the local government
officials, civic organizations, and interested
individuals who are working on the same
matters, and then they wiU be in a posi-
tion to join in the effort.

Nothing practical and effective can be ac-
complished In local matters unless this ef-
fort Is made to relate the local problem to
the local governmental structiu-e.

Though there Is. certainly, a strong tend-
ency among ttie unthinking to throw any
local problems on Uncle Sam's broad sbotil-
ders. there U at the same time a strong swing
In the contrary direction.

Even while the clamor arises for more and
more State and Federal services to commu-
nities such as towns and cities and metro-
politan regions, there Is a strong tendency
among these communities and their respon-
sible governments to attack and solve their
own problems.

Gov. Nelson A. Rockefeller, of New York,
recently delivered an Impressive address on
this topic at a woritshop sponsored by the
State office for local government.

Governor Rockefeller said:

"Modem administrative methods, broader
financial bases, and technology allow local
government to produce much more reward-
ing results at a faster pace."

He maintained that demands on local
governments were increasing in spite of ex-
panding State and Federal services.

The New York Governor stated:

"The Importance of maintaining local gov-
ernment tJiat can answer the call with ef-
ficiency, economy, and foresight grows more
imperative."

It is evident that we must foster among
our people — and particularly the youth — a
general understanding of the proper limits
of each type of government, village, town,
township, city, and county.

We must work for an amicable and coop-
erative agreement in the planning program
and In the division of labor among these gov-
ernmental bodies and for their working in
helpful coordination with State and Federal
agencies for the attainment of local benefits.

Overall planning is proper to the higher
governmental agency, but what we have a
tendency to forget Is that the decision as
to local details is likely to be both Juster and
more practicable If It Is made by the local
authorities.

A good example of coordinated work of the
sort I have in mind Is the custom they have
in some localities with regard to the county
road system, where the town builds Its
roads in consultation with the county high-
way engineers and planners, but then gives
over the problem of maintenance entirely to
the county which is already provided with
ample equipment and crews for the task.

The expense of this maintenance of town
roads is, of course, chargeable to the town
but the system procures for the town better
maintenance at less cost than it could man-
age by its own unaided efforts.

And this cooperation in planning, this di-
vision of labor, should be encouraged not
only between one level of government and
another, but between governments or gov-
ernment agencies and private organizations
of citizens within the local conununity.

Aid In general education in the field of
local government and In its application in
many special fields can be obtained from such
groups as community councils, churches and
church organizations, farmers' organizations
and cooperatives, businessmen's groups,
PTA's. and other school organizations — wom-
en's clubs. Bed Cross and other health or-
ganizations, lodges and social clubs, and vet-
erans' organizations.

me All-America City Awards sponsored
Jointly by the National Municipal League
and Look magazine afford an annual show
window exhibit of spectacular accomplish-
ments of mimldpalltles In self-help and
self -improvement.

These concrete examples of what a local
government can do In modernization. In slum
clearance, in establishing efficiency of opera-
tion, In annexation. In securing regional co-
operation and outside guidance and aid are
displayed in a vivid article in Look maga-
zine for March 1. 1960. on this year's awards.

I have here a clipping of this article which
I am glad to show you.

I cannot conclude my remarks, frankly
and sincerely, without mentioning that I
believe that the chamber of commerce Is one
of the best agencies for the work our com-
munities need.

Local units of the chamber of commerce
are ideally composed and situated to arouse
public interest in local government, to form
a liaison between local government agen-
cies and various groupw of citizens.

I look to Just such a group within the
chamber of commerce as this legislative af-
fairs committee as a vitally Important or-
ganization to aid in arresting what I regard
as a most unfortunate trend In govern-
ment— the tendency to Ignore local officials

and their functions and to pass over their
suitability for the solving of community
problems.

The education of citizens in the nature
and function of their local government — and
in the proper delimitations of its scope — is a
great service to the community.

Similarly beneficial is the function of the
chamber of commerce in bringing together
business people from all parts of the local
community, and making them well ac-
quainted with the lndi\'lduals charged with
the responsibilities of local government.

In these ways a llve-wtre chamber of com-
merce is helping the citizens of our local
communities to combat the chief dangers
of our civilization today, ignorance and in-
difference.

The chamber of commerce Is working for
economy and efficiency In helping to build
communities In which the local needs will be
met by cooperative coordinated efforts of
the local people.

I am grateful to Prestdent Charles X. Duke
of the Legislative Affairs Committee of the
State College Chamber of Commerce for per-
mitting me to share In this forward-looking
enterprise by participating in this luncheon
meeting.

Dr. George Washington Canrer:
Sketch

A Brief

EXTENSION OF REMARKS

OF

HON. WILLIAM HTTS RYAN

OF WZW TOBX

IN THE HOUSE OF REPRESENTATIVXS

Friday, January 6, 1961

Mr. RYAN. Mr. Speaker, to honor
the late Dr. George Washington Carver,
January 5 has been proclaimed George
Washington Carver Day in New York
State. The date marks the 18th anni-
versary of Dr. Carver's death at TvuliiHk
Institute, Tuskegee, Ala. A great Negro
scientist, he rose from slavery to world-
wide esteem.

Born in slavery in the 1860's, Dr.
Carver as a youth earned enough money
doing odd jobs to complete his college
and graduate study. His achievements
won for him, in 1896, the position of di-
rector of agriculture at Tuskegee Insti-
tute. This he held until his death, de-
spite numerous offers of higher positions
and greater income.

Through his own Intelligence and ini-
tiative he became world famous. He
brought new wealth to the South by dis-
covering hundreds of new uses for
the peanut and sweetpotato. He foimd
ccxnmercial use for cornstalks, grass, and
weeds. His chemical discoveries in-
creased the income of the South by many
millions of dollars.

Despite his innate shyness. Dr. Carver
could not keep his light liidden and
honors came to him. As early as 1917,
he was made a member of the Royal
Society of Arts, London. In 1923 he re-
ceived the Spingam Medal for research
in potash and in 1929 the Theodore
Roosevelt Medal was awarded him for
distinguished services to science. Simp-
son College gave him the degree of doctor
of science in 1928. He left hi* Ubora-
tory in 1934 to take part in the organiaa-
Uon of the Farm Chemurgic Council azad

CVII-

-22

338

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

339

thereafter appeared on its annual pro-
grams. The U.S. Department of Agricul-
ture appointed him collaborator to the
Bureau of Plant Industry in 1935. Henry
Ford built a memorial replica of his
birthplace at Greenfield Village where
Dr. Carver spent some weeks during 1942.

Dr. Carver has been called a master
teacher. His unselfishness and devotion
to his work and to humanity grew more
firmly as the years passed. He has
earned a large niche among America's
truly great.

It Is appropriate that we remember Dr.
Carver's words of wisdom:

There is goodness In everything • • • I
am only a trallblazer for those who come
after me.

Needed: As OAS Peace Fleet

EXTENSION OP REMARKS
o»

HON. ALEXANDER WILEY

OF WISCONSIN

IN THE SENATE OP THE UNITED STATES

Friday, January 6. 1961

Mr. WILEY. Mr. Piesident, the
world, and particularly the people of the
United States and the Western Hemi-
sphere, is now awaiting to see what will
result from the breakofT of United
States-Cuban relations.

Naturally, all of us hope for some sign
that Castro and his advisers will dem-
onstrate responsibility, not only in deal-
ing more democratically with the people
of Cuba, but also in carrying on normal
relations with other countries — rather
than continually attempting to export
revolutionary communism.

Recently, I was privileged to make a
statement not only reflecting on the
Cuban situation, but also containing
some suggestions which I feel would help
to promote peace and stability in the
Western Hemisphere. I ask unanimous
consent to have the statement printed in
the Congressional Record.

There being no objection, the state-
ment was ordered to be printed in the
Record, as follows:

Statement by Senator VITilet

Our breaking of relations with Cuba —
Justified by a long series of provocative acts
by Castro — will. In all likelihood, not result
in any real reform of policy under the
present Cuban regime.

Overall, these irresponsible policies have
reflected (1) betrayal of the original pur-
poses of the revolution by the Cuban people;
(3) a close tle-ln with the Communist world
conspiracy; (3) an erratic and sometimes
almost psychotic effort by Castro to climb
to power and recognition on the bloody
shoulders of his compatriots in the revolu-
tion.

Now, the breakoff of U.S. relations may
trigger more erratic, dangerous moves by
Castro. We can expect that (a) his dicta-
tcM-ial policies within Cuba will get harsher:
(b) his playing "footsies" with the Commu-
nists may become even cozier; (c) his
troublemaking In the Western Hemisphere
will, as possible, be expanded.

The situation, however, warrants stringent
action, not Just by the United States, but
also by the Organization of American States.

Khrushchev, Mao Tse-tuag, Castro and
company, for example, may attempt to con-

tinue to use Cuba as a sort of "gun running"
center for revolutionary activities elsewhere
In the Western Hemisphere.

To cope with such threats to peace, the
members of the OAS. individually and co-
operatively, wUl need to take steps to prevent
such dangerous activities.

During the recent crises in Nicaragua and
Guatemala, the United States, by request of
the respective governments, dispatched a
protective fleet to prevent Castro-supported
efforts to provide guns and manpower for
troublemaking in those countries. While
the move was effective, we cannot expect
Communist efforts to export revolutions to
be discouraged.

The U.S. action, however, established a
precedent which, if more broadly utUlzed by
OAS, could guard against efforts by one
nation to start trouble In another.

The cause cf peace In the Western Hemi-
sphere, I believe, could be effectively served
if efforts were made — both by the United
States and OAS — to provide the OAS with a
peace fleet. The assignment of the neces-
sary ships and manpower for such a purpose
would be a sound Investment in security.

Under the auspices of OAS — ^rather than
as a unilateral action of the United States to
a nation's call for help— such a flotilla of
peace would (1) curb "gun running" and
other violations of order and peace; (2) be
less likely to stir up anti-US. animosity; (3)
give greater strength, prestige and effective-
ness to the OAS itself; and (4) generally
stand as a guardian against threats to se-
curity in the Western Hemisphere.

Benjamin Franklin and the Pott Office

EXTENSION OP REMARKS

OF

HON. JAMES E. VAN ZANDT

or PENNSTI.VANIA

IN THE HOUSE OF REPRESENTATIVES

Friday, January 6, 1961

Mr. VAN ZANDT. Mr. Speaker, on No-
ve.-iber 5, 1960, the residents of Clays-
burg, Pa., dedicated their new post office
building at which time I delivered the
following address:
Benjamin Fkankun and the Post Office

(Address by the Honorable James E. Van

Zandt, Member of Congress, 20th District

of Pennsylvania, at the dedication of the

Claysburg Post Ofllce, Claysburg, Pa.,

Novembers, 1960)

We are here today to dedicate a new post
ofllce building and to forge a new link In
this vital chain of communications.

All of you can be proud of this new edifice
which Is much more than an attractive
building of brick and mortar.

It is concrete evidence of the growth and
progressive outlook of this community.

The post office has become such an
Integral part of our lives that most of us
seldom give It a second thought.

Like so many other things In our lives
today we tend to take Its faithful service
for granted, but can you Imagine what life
would be like without these postal facilities?

We would be cut off from most of our
written sources of news and contemporary
thought if magazines and out-of-town news-
papers could not be circulated. Many of our
personal messages and gifts to friends and
loved ones could not be delivered except In
person.

Without the post office our major source of
contact with family and acquaintances who
are often widely scattered over this vast
country of ours as well as overseas wotUd be
lost.

Business enterprises would be unable to
maintain branch offices or operate In nation-
wide or International markets without the
facilities of a postal service.

The alternate means of communicating
with business associates are far too expen-
sive for the general run of business opera-
tions.

The post ofllce has become Indispensable
for most personal and business purposes.
Moreover, the poet office offers us a variety
of other related public services such as
money orders, postal savings. c.o.d. deUvery.
registry, and a number of other services for
other Government agencies.

The dedication of this new post office
building here in Claysburg, Pa . seems to me
an op|X)rtune time to recollect some of the
early development of the American postal
system and the contributions to this great
Inetltutlon of a great American and native
son of Pennsylvania — Benjamin Pranklln.

The memory of Benjamin Pranklln as a
postmaster has been almost completely over-
shadowed by Pranklln as a statesman in this
formative period in American history.

During his tenure as Deputy Postmaster
General for the northern Colonies from 1783
to 1774, Franklin's outstanding achlevemenU
as an International spokesman for the
colonists and an Inventor have caused most
of us to forget his early connection with the
colonial postal service. As a result, we are
apt to overlook the great service he rendered
our country by molding the colonial post
office into the vital public institution It has
become.

When Pranklln first assumed responsibility
as postmaster of the poet office In Phlladel-
I^la In 1737, the colonial postal system was
far from efllclent or complete. It failed In
many respects to meet the needs of the
growing colonial settlements in North Amer-
ica. Mall service was slow and undependa-
ble. Uttle had been done to Improve the
postal faculties In their first 50 years of
existence.

MaU service between the colonial centers
south of Philadelphia had never been co-
ordinated with service north of the city.
Post riders took as much as 4 weeks to carry
maU from Boston to Williamsburg. Va. Nor
was there any assurance that letters would
ever reach their destination. In addition,
the service, though poor, was very expensive.
Under Franklin's able administration,
mail service was Improved markedly. Old
schedules were maintained more faithfully
and real steps were taken to provide more
speedy as well as inore frequent carriage of
the malls.

By October 1754. weekly service between
Philadelphia and New York was replaced by
trips three times a week and the delivery
time was shortened to 33 hours. Delivery of
mail between these two Important centers
of colonial life was further expedited by the
inauguration of day and night post rldlitg
on this route.

Franklin was able to reduce the time re-
quired to transport mall from Philadelphia
to Boston from 6 weeks to 3 by making the
route more direct.

In addition to e.xpedltlng delivery on ex-
isting routes, he expanded the area served
until it reached from what is now Maine to
Georgia with cross routes wherever there was
sufficient demand for the service.

Benjamin Franklin pioneered a number of
new postal services. He introduced the first
city delivery system In America while he was
postmaster of Philadelphia.

This system, known as the penny post,
furnished delivery of all unclaimed letters
within the city limiU for the additional
charge of 1 penny.

By 1763, other large cities were adopting
the penny post as the most effective means
of distributing mall in urban centers.

In the smaller towns, unclaimed letters
were advertised In local newspapers with the

notice that any letter not called for within
3 months would be forwarded to the Central
Post Office at Philadelphia.

Thus, the American dead-letter office was
born.

Pranklln also Inaugurated tbe use of post-
murks to record the time a letter was re-
ceived by the post office and set up a uniform
and efficient accounting system to simplify
the work of all the post offices.

After 4 years under his administration, the
colonial American post office showed a
profit for the first time since its founding a
hundred years earlier.

Today no one considers the delivery of
m.iguzincs and newspapers by the post office
controversial, but in Franklin's day no pub-
lication was automatically distributed.

From the very beginning the relationship
between the post and the first news publi-
cation was a vital oni;.

Most of the early postmasters were printers
who used their post offices to circulate their
publications.

They zealou&ly prohibited the post rider
In their area from carrying any rival publica-
tions.

Although Benjamin Franklin also was a
newspaper publisher, he litslsted from the
first that rival newspapers be allowed to
circulate.

When he rose to the position of Deputy
Postmaster General be revolutionized the
entire concept of the postal service as a
carrier of news by abolishing the former
monopolistic practices of most colonial post-
master-editors and required postage on all
publications carried by the post riders.

By these acts he became a Founding
Father of omi fivn press which Is such an
integral part of the democratic way of life.

Benjamin Franklin is considered the pa-
tron saint of the modern post office because
of these and othe.- valuable services he
rendered while In charge of the colonial
post.

He was the first postmaster to regard the
postal S3rstem as a necessary public faculty
rather than simply a business enterprise.

He laid the foundations for the high
standards still maintained by postal em-
ployees today.

The official slogan of the post office
"Neltlier snow, nor rain, nor heat, nor gloom
of night, stays these couriers from the swift
completion of their appointed rounds," Is
still the creed of the modem mall service
and Is proof that Franklin's Ideals have been
emulated by succeeding postal adminis-
trators.

Historically, the post office has carried the
major share of the burden of transmitting
Ideas and Information.

As Benjamin Franklin foresaw, the post
office has been a significant factor In our
national development.

During the Revolutionary War period the
rival postal system formed by the colonists
after the British dismissed FranUln from
the colonial post, greatly aided the cause
of freedom by uniting the colonists.

Tlie poet office has been equally Impor-
tant In other periods In our national devel-
opment such as .the Civil War and the set-
tlement of the West.

New means of mass communication have
since been developed but the post office con-
tinues to be as vital today as It was back
In the colonial days for the bulk of oor-
rc -pondence.

In tbe last 10 years alone tbe volume of
mail in the United States increared by some
18 billion pieces, and is still growing.

The Post Ofllce Department Is currently
engaged in a program of modernizing Its mall
handling facilities as well.

New electronic and mechanical devices are
being installed in some of the larger city
post offices to expedite sorting and distribu-
tion operations.

The ever-increasing volume of mail com-
ing through our post offices these days makes
Improvement of mall handling facilities es-
sential.

Although the speed of transp>ortlng mail
has Increased tremendously since the days
of the post riders, many of our smaller post
offices EtiU use manual sorting and distribu-
tion methods which are virtually identical
to those used in Benjamin Franklin's time.

The new post office we are dedicating here
today Is part of this same modernization
program begun in 1963 by Postmaster Arthur
E. Summerfield.

The many new post offices and Improved
handling facilities which have been added
to our postal system Elnce the Inception of
the program exemplify the way the Post Of-
fice is maintaining the fine traditions found-
ed by Benjamin Franklin.

In conclusion I wish to congratulate Post-
master Walter axxA the employees of the
Claysburg Post Office on being able to per-
form their duties with modern postal equip-
ment.

Likewise the patrons of the Claysburg Post
Office are to be congratulated on having such
a fine new building in the community since
It wlU provide modern postal faclUties for
this entire area.

At the same time taking its place along-
side the fine and modem First National Bank
Building, the appearance of the community
has been greatly Improved.

Therefore, it Is with great pleasxire that I
congratulate the residents of Claysburg as
they Join with other American communities
in keeping pace with American progress.

With the raising of this flag In the name
of the UB. Post Office Department, I hereby
dedicate this new building to be known as
the Claysburg Post Office — in the fine tradi-
tions of the postal system — and to the serv-
ice of the citizens of Claysburg.

Postmaster Walter — I charge you with
these responsibilities.

In this connection, the fine cooperation
rendered by the General Refractories Co. in
dispoelng of the site and the old post ofllce
building for a nominal price, was Instru-
mental in expediting tbe construction of this
new post office building.

For that reason, officials of the General
Refractories Co. are to be congratulated for
the part they played in securing a new
post office building for Claysburg.

Hon. E£th Nonrsc Rogers

EXTENSION OP REMARKS

OF

HON. JOE L. EVINS

or TENNESSEE

IN THE HOUSE OF REPRESENTATIVES
Friday, January $, 1961

Mr. EVINS. Mr. Speaker, during the
adjournment of the Congress we were
all saddened by the news of the passing
of our late colleague and esteemed
friend. Edith Nourse Rogers, the gentle-
woman from Massachusetts. Mrs.
Rogers was a lady of great ability and
certainly an expert on legislation con-
cerning the .needs of the veterans of this
Nation.

She ciMnmanded an important place in
the House of Representatives and as we
meet this year she is certainly missed.

When I first came to the Congress— in
the 80th Congress — Mrs. Rogers was
elected as chairman of the great Com-
mittee on Veterans' Affairs and it was
under her chairmanship that I served on

my first committee in the Congress. She
was always a gallant lady, an effective
legislator, untiring in her efforts with
the intei-ests of the veterans, their wid-
ows and dependents always at hesu:t.
She was often called the "Sweetheart of
American Veterans" and indeed she was
beloved by all veterans. At a critical
time in our Nation's history, she was a
leader for beneficial veterans' legislation
and veterans' rights that will long be re-
membered because of her pubUc service.
The veterans of this Nation Jiave lost a
fine friend. The people of her district
have lost a devoted Representative and
we of the House have lost one of our most
beloved lady Members.

A Matter of AppropriatioBS

EXTENSION OF REMARKS

OF

HON. WILLIAM FITTS RYAN

OF NEW TORS

IN TKE HOUSE OF REPRESENTATIVES

Friday, January 6. 1961

Mr. RYAN. Mr. Speaker, under leave
to extend my remarks in the Record, I
mclude the following press release issued
from my o£Bce on the first day of this
session :

Congressman William Fitts Rtan, Dem-
ocrat. Of New York, said Tuesday that he In-
tends to notify his fellow Members of his
support for a drive to shut off as much as
possible of the flow of funds to the House
Un-American Activities Committee.

"It's a major leak that needs Immediate
repair," said Ryan. "Hundreds of thousands
of dollars annually are not only being wasted,
but are actually being used to hvunillate
scores of loyal American citizens and to em-
barrass thousands of others."

Congressnuin Rtan applauded a statement
Issued earlier by California's Democratic
Representative James Roosevelt on abolition
of the un-American activmes unit.

Rtan, newly elected from Manhattan's 20th
District and New Tork's first reform Demo-
cratic Congressman, said he agrees strongly
that the committee serves no useful legisla-
tive purpose and cannot Justify its existence.
However, he also feels that Roosevelt Is cor-
rect In his stand that an all-out fight to kUl
the c(»nmlttee at tills time would fall for
lack of support.

"After conferring with Jimmt Roosevelt
and other members of the Democratic study
group," said Ryan. "I beUeve we can best
attack this problem by putting the squeeze
on the committee's appropriation during the
coming session. I think the suggestion for
a full hearing on this appropriation before
the House Committee on Administration is
excellent."

The Democratic study group Is an organ-
ization of some 100 liberal Members of Con-
gress. Ryan said those Members he had
talked to were opposed in principle to the
methods used in the past by the Un-Amer-
ican Activities Committee. The study group
is chiefly concerned at this time with a
change In the rules to help break up a decui-
lock holding up liberal legislation. Btan
met with the group for the first time this
week.

"I can certainly understand," said Rtan,
"that many Members of Congress feel It
would be politically dangeroiis for them to
vote, at this time, for outright abolition of
the committee. However, these same Mem-
bers wotild have no objection to. and would

340

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

341

1^

undoubtedly support, a thorough scrutiny of
the requested appropriation for the com-
mittee and would agree that every dollar
sbould be lully J\utlfied before it 1b approved
by the House of Representatives."

RoosxvixT had suggested In a letter to all
House Members, that a "happy byproduct of
our economy drive" In cutting back the
budget for the HUAC would be the limita-
tion of "the power of this committee to em-
barrass our Nation, to humiliate Its citizens
and to tarnish the good name" of the House
of Representatives.

"Perhaps If we txirn down the appropria-
tions faucet tight enough," said Ryan, "we
won't have to perform a major operation on
the Un-American Activities Committee at
this time."

Caribbeaa Crisis Demands Actioa

State that contributed toward bringing
about the deplorable condition now fac-
ing our country in the Caribbean.

I appeal to the people of the Nation to
write their views to the President, their
Senators and Representatives, especially
the necessity for action.

EXTENSION OP REMARKS

or

HON. DANIEL J. FLOOD

OF rBNMSTLVANIA

IN THE HOUSE OP REPRESBNTATTVES

Friday. January 6. 1961

Mr. FLOOD. Mr. Speaker, the break-
iiig of diplomatic relations by the United
States on January 3, 1961, with the Com-
munist-dominated Government of Cuba,
after a long series of incidents affecting
the peace and safety of the Western
Hemisphere, emphasizes the gravity of
the situation in the Caribbean.

This severing of relations, even were it
followed by a formally declared quaran-
tine and complete diplomatic isolation,
will not of itself solve the problem of
Castro and Bolshevist subversion, for de-
velopments in Cuba are but one sector in
a vast struggle of the so-called interna-
tional Communist conspiracy for world
domination, with the United States
marked for ultimate conquest.

The long delay on the part of our De-
partment of State in reacting to the dan-
gers of the beachhead of Red subversion
in Cuba makes time of the utmost im-
portance to the security of the entire
Western Hemisphere and calls for im-
mediate action.

The United States must ask the Or-
ganization of American States to work
with the United States to stop the use
of Cuba as a base for Communist infiltra-
tion and subveision of the Americas;
also to prevent its serving as an arms
depot and staging ground for revolution-
ary invasions of friendly countries.

In event of failure or delay by the Or-
ganization of American States to bring
about cooperative action, the United
States, in line with the principles of in-
ternational law dealing with the right of
self-defense, should act unilaterally for
the security of the country.

In preparation for either of these
contingencies, I urge the immediate
creation by our Government of a perma-
nent and independent special Caribbean
squadron of the necessary capabilities
to be based in the Canal Zone for diplo-
matic and other missions incident to
the protection of the Western Hemi-
sphere.

Also, I urge a full congressional in-
quiry into the existence of subversive
influences in our own Department of

Rt. Rev. Msfr. Patrick A. O'Learj

REMARKS

or

HON. CHARLES A. BUCKLEY

or NSW TOUE
IN THE HOUSE OF REPRESBNTATTVES

Friday. January 6, 1961

Mr. BUCKLEY. Mr. Speaker, one of
the greatest problems facing us today
throughout the United States Is the ques-
tion of how to fully use the experience
and training of the thousands of elder
citizens who form a vital part of our Na-
tion's population. Due to the advance-
ment of science the lifespan of the indi-
vidual is increasing steadily. But at the
same time we have, up to the present
time, failed to fully provide for those
many who still can be of benefit to the
communities in their later years.

I am happy to rise on the floor of this
House today and to tell you the story of
one individual who has attempted in his
own way to do something for these peo-
ple. He himself can be classified as an
elder citizen; that is in years but not in
spirit and in vigor. He is not only a con-
stituent of mine but a distinguished
churchman. I am referring to the Right
Reverend Monsignor Patrick A. 0*Leary,
pastor of Our Lady of Mercy Roman
Catholic Church in the Bronx. This
parish is located in the 24th Congres-
sional District which I have the honor to
represent. This distinguished church-
man has just recently completed 50 years
of service in the priesthood, and over
that entire period of time he has covered
himself with honor not only as a man of
God but also as a fine human being. He
has taken a deep and abiding interest in
the affairs of the community in the
Bronx which his parish embraces.
Throughout his long tenure in Our Lady
of Mercy parish he has done all he can
in his own way to help all those who have
come to him with their problems. He
has contributed greatly to the progress of
the Bronx community. He is indeed a
fine example of a well-i-ounded indi-
vidual.

Monsignor O'Leary being an elder citi-
zen himself is well aware of the dlfUcvl-
ties sometimes faced by those people who
through no fault of their own found
themselves with little to do in the so-
called golden years of their Uves. To
help these people and to give the com-
munity the full benefit of Iheir experi-
ence and knowledge 2 years ago Monsi-
gnor O'Leary formed a Golden Age Club
in his parish. In a short period of time
this club has expanded and has given
to many a new lease on life while at
the same time giving to the community
many new useful participants in com-
. munity affairs. . . . j ;

On November 11 last Monsignor
O'Leary was honored himself by receiv-
ing the 1960 Golden Age annual award.
The citation he received on that occa-
sion expresses only too well the record
of Monsignor OLeary's life. It reads as
follows :

For ouUtandlng service to the community
and devotion to the Church of Our Lady of
Mercy throughout the years.

I congratulate Monsignor OT^eary on
this award and on his many services to
the church and community throughout
the years. I wish him 50 more golden
years to match those he has already
given to the Bronx and the church.

RetiremeBt of Brif . Gea. Janes D. Kittle

EXTENSION OF REMARKS

or

HON. CHARLES E. CHAMBERLAIN

or BaCMIOAN

IN THE HOUSE OF REPRESENTAllYBS

Friday, January 6, 1961

Mr. CHAMBERLAIN. Mr. Speaker,
prior to the meeting of the 87th Congress.
I received word of the retirement from
the UJ3. Marine Corps of Brig. Gen.
James D. Hittle. It was with consider-
able regret that I contHDplated this dis-
tinguished officer leaving active service.
Don Hittle has been a trusted friend to
many in the Congress and a dedicated
officer whose prime goal in life has been
service to his country. In his over 20
years' service he has left a record of
which he can be Justly proud. I am es-
pecially happy to give this recognition of
his work since General Hittle grew up in
Lansing. Mich. His father, the late Sen-
ator Harry F. Hittle, for 22 years served
with distinction in the Michigan State
Senate where I had the honor of working
under him early m my legal career as
counsel for the senate judiciary cwnmit-
tee of which he was chairman. His
mother is one of my constituents.

Don Hittle is a military officer of high
standing but he was even more. His ex-
pert knowledge of world history and geo-
politics, military organization and grand
strategy, coupled with his unique writing
ability has enabled many to gain a bet-
ter, clearer, insight into the world prob-
lems through reading his numerous pub-
lished articles and boolcs. It is to our
advantage that he has been able to com-
municate so effectively his thoughts on
these subjects which are of such great
importance to our Nation today.

General Hittle wa.s born in Bear Lake.
Mich., and was graduated in 1937 from
Michigan State University with a bache-
lor of arts degree. He later earned a
masters degree in oriental history and
geography at the University of Utah.

He began his Marine Corps career as
a second lieutenant in July 1937 and
served in almost every conceivable ca-
pacity during his 23 years service. He
was commander of the Marine detach-
ment of the UJS.S. Wasfiington during
the Arctic operations under the British
home fleet in 1942. He insti-ucted in the
Officers School at Quantico and then

was assistant chief of staff. G^, of the
3d Marine Division. For his outstand-
ing service in this capacity on Iwo Jima
he was awarded the Legion of Merit with
Combat "V".

In China in 1945 and 1946 he com-
manded the 2d Battalion, 7th Marines,
1st Marine Division. After a tour as
secretary of the academic board at Ma-
rine Corps Schools. Quantico, General
Hittle went to the University of Utah,
Salt Lake City, as executive officer of
the Naval Reserve Officers Training
Corps unit, following which he was or-
dered to Headquarters Marine Corps
where he served as legislative assistant
to the Commandant of the Marine
Corps.

General Hittle retired, as of Novem-
ber 30, 1960, from active service in the
U.S. Marine Corps. At the time of his
retirement, as most of my colleagues
know, he occupied the important and
trusted position of Assistant to the Sec-
retary of Defense for Legislative Affairs.
In this position, and earlier when he
was legislative assistant to the Com-
mandant of the Marine Corps, General
Hittle was more than someone we knew.
He was a warm and close friend of many
Members of Congress. I know the De-
partment of Defense and the Marine
Corps are losing a valuable officer.
However, I am happy that Don will still
be in a position where our coimtry will
benefit from his services. He has ac-
cepted a newly created position with the
Veterans of Foreign Wars — he will be
director of military and foreign affairs
at the national headquarters of the
VFW here in Washington. The VFW is
to be congratulated on the decision to
create this position, but more specifically
upon the selection of General Hittle —
eminently qualified to serve in such a
capacity.

Onr NatioBal Transportatioii System aad
National Defense

EXTENSION OF REMARKS

HON. JAMES E. VAN ZANDT

or PKNWSTLVANIA

IN THE HOUSE OF REPRESENTATIVES

Friday, January 6. 1961

Mr. VAN ZANDT. Mr. Speaker, on
September 21, 1960, it was my privilege
to deliver the following address at the
Institute of Railway Labor Organizations
on the campus of Cornell University,
Ithaca, N.Y.:

Ovn NaTIOMAI. TaANSF0«TAT10N 8T8TBM AND

National Detxnsz

(Address by Representative Jamks E. Vaw
Zandt, Member of Congress, 20th District
of Pennsylvania, at the Institute of Rail-
way Labor Organizations, campus of Cor-
nell University, Ithaca, N.Y., September 21,
1960, at7pjn.)
Transportation Is one of the tools required

by civilized man to bring order out of chaos.
It reaches into every phase and facet of our

existence.
Viewed from every standpoint — economic,

political, and military — It Is unquestionably

the most important industry in the world.

You can no more operate a grocery store
or a brewery than you can win a war without
transportation.

The more complex life becomes, the more
Indispensable are the things that make up
our transportation systems.

It Is an accepted fact that tiie transpor-
tation system of a nation Is one of Its great-
est strengths.

The strength of our country Is told In the
fabulous history of the railroads.

Their story and the parallel story of our
national growth Is a new and equally fasci-
nating chapter In the history of mankind.

While the mournful whistle may have
given way to the horn of the dlesel — and — al-
though the "Phoebe snow" no longer keeps
"bright and snowy white upon the road of
anthracite" — yet these stirring reminders
of past glory — memorialized in song and
poem — win always keep alive In the hearts
of all Americans the stirring saga of the
railroads.

Believe It or not. In the central Pennsyl-
vania area ads recently appeared In our local
papers announcing the fact an old Huntlng-
don-Broadtop steam engine and several pas-
senger coaches are back In service hauling
sightseers on a limited stretch of this
abandoned railroad.

Most Interesting Is the fact that students
from grade and high schools are traveUng
to Orblsonla, Pa., to get a look at their first
steam locomotive and ride on an old steam-
powered train.

Frankly, what I am taring to say Is "time
marches on" and to the extent as a former
railroad employee — 'I never thought I would
live to see the day when steam motive power
on the railroads would become a reUc of the
past.

It is recognized the world over that one
of the most closely knit fraternities In the
country Is that of railroadmen.

And rightfully so.

For who else — among all professions — can
look at this great land of ours and say —
with more justification — "This I helped to
build.

"Those who went before me used pick
and shovel to build the roads and lay the
ties and stretch the rails that made this
country what It Is.

"In this I have pride.

"In this pride I am Justified."

In addition to Its contribution to our na-
tional growth Is the story of the railroads In
national emergencies.

Here the railroads have more than proved
themselves.

Their extremely fine performance will
never be forgotten.

Their employees — ^men and women — have
met the challenge, not only In this country
but In many areas overseas.

When I speak of railroads In general, I do
not mean management or labor or track and
equipment separately.

I mean the combination of all three.

Management, labor, and track and equip-
ment are as Interrelated and dependent — one
on the other — as the head, the heart, and
the body.

Working In concert this glorious history
has been complied.

Before the dawn of the nuclear age — when
the men of the railroads were fashioning
the romance of the rail — we In America felt
secure behind our ocean barriers.

The very thought that we would ever be
involved in a war in our own country was
absurd.

But all this Is changed.

The bright flash of atomic light at Hiro-
shima on August 6, 1946, revealed In Its glow
the lurking specter of nuclear war, a war
that knows no boundaries or barriers, that
has no concern for distance and little for
time.

The dawn of a new-bom day may herald
the beginning of the end, vmless we have pre-
pared ourselves and have the capability to
survive.

Now, where do the railroads fit Into this
picture of capability to sxirvlve?

In its ninth annual report to the Con-
gress, dated January 13, 1960, the Joint Com-
mittee on Defense Production outlined the
dependence of the various governmental de-
partments and agencies upon transportation
to meet objectives In the event of emergency.

Planning under this program Is being car-
ried on throughout the Government under
the supervision and direction of the Office
of Civil Defense Mobilization.

The Depwu-tment of Conunerce, the Atomic
Energy Commission, the Departments of
Agriculture, Defense, and others have all in-
dicated to OCDM the extent of their reliance
on transportation In the event of emergency.

Railroads are In the forefront.

The extent of this reliance will, of course,
depend upon the magnitude or location of
the theater of operations.

Whatever the nature of the requirements,
it is anticipated that almost total reliance
will be placed upon commercial transporta-
tion within the United States to support the
national defense.

In connection with the specific role of the
railroads in national defense, I would like to
touch on an item of considerable Impact and
Interest to the Air Force. It deals with the
old concept of mobility, but with a new
application.

Within the Intercontinental ballistic mis-
sile weapons system has arisen the opera-
tional concept of mobility.

This is an answer to the problems en-
countered when mlssUe sites are permanent.

Tht ability to move at random over a
relatively unlimited area increases the po-
tential aggressor's targeting problem tre-
mendously.

This concept is being applied to the Mln-
utonan missile sjrstem and involves mount-
ing the missile on a specially designed
railroad car as part of mobile trains that
wlU move at random over selected trackage
within the United States.

This is the first time a civilian train and
crew will be an integral operating part of
a military weapons system on a continuing
basis.

A miUtary transportation officer will di-
rect train movements from the Strategic Air
Command — command post— with a civilian
representative of the railroads sitting at his
side to assist In this effort.

The Association of American Railroads has
played an Important part In the planning
that has come Into the development of this
concept.

Tests of this concept began In June of this
year and were completed during the sum-
mer months.

Results were highly satisfactory and the
Air Force and the railroads are proceeding
with plans to make this weapons system
operational.

It Is this type of application of transporta-
tion resources to the support of advanced
weapons systems which is — and will continue
to be — essential to our national defense.

If war should come to this country — and
God forbid — the problems faced in past
emergencies will be minute by comparison.

To the hurdles of overburdened equipment
and overworked men — which the railroads
met and vanquished so magnificently In
World War n and Korear— will be added the
problems of vast destruction of both peoples
and things.

■mese are not \tnknown to the railroads.

In fact, the ability of the railroads to over-
come these obstacles with apparent ease Is
legendary.

The destruction of tunnels, bridges, and
roadbeds by the fioods on the Ohio Blver In

342

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

343

Hi

1987; the California earthquHkes of 1962 and
hurricane Diane In 1965 — dlsaaters bo well
known In railroad circles — present a modern-
day picture of major damage from natural
forces.

It is to the eternal credit of the railroads
that not only did they dig out and restore
serrlce in an absolute mlnimiun of time, but
they did It out of their own resources of men
and materials and on their own Initiative.

The railroads do not have to wait upon
directives and decisions of some public body.
They are indoctrinated in the tradition of
self-reliance. They know what has to be
done, how to do it. and they go out and do
the Job. The railroads are unique In this
field among modes of transportation. This
means a great deal toward restoring service
after an emergency.

It also means that the Nation has at its
call in time of national crisis a trained re-
serve of men schooled in this vigorous tradi-
tion. A trained reserve that may someday
cease to exist If the decline in railroad em-
ployment continues at its present pace.

The Congress of the United States Is
acutely aware of the need for an adequate
transportation system — of all modes — In
existence In time of emergency. I repeat. In
existence In time of emergency.

In all previous experience and planning for
mobUlaation — from the standpoint of trans-
portation— the United States has enjoyed the
luxwy of time to build our capacity to
transport.

Due to the changing concepts of war, this
lurory In all probability will no longer be
available to us.

We will be obliged to do with what we
have.

Should war come suddenly to this conti-
nent, it would be today's trained people and
the existing plant and facilities which would
have to meet It.

For this reason, primary congressional con-
cern la on the Importance of the current
health and continuing ability of transpor-
tation to respond Instantaneously to any
emergency which might arise.

Dtulng the 1st session of the 86tb Con-
gress, a special subconunlttee — of which I
was proud to be a member — of the House
Committee on Armed Services conducted
bearings into the adequacy of transporta-
tion systems in support of the national de-
fense effort in the event of mobilization.

Representatives of eastern, southern, and
northern railroads testlfled before the mem-
bers of this committee, as did representatives
of the Railway Labor Exectitlves Association,
the Association of American Railroads, and
railway equipment suppliers.

The story that they unfolded left me
gravely concerned over whether the railroads
will be strong enough and healthy enough
to flex their historic muscles and meastire
up to post performance.

The Inroads upon the freight and passenger
business of railroads by other modes — and
especially the private automobile — has been
reflected In a steady decline year by year.

The railroads — which In 1945 handled 67
percent of all public and private intercity
ton-miles of freight — accounted for only 45
percent In 1958.

In the passenger field the railroads — which
at one time enjoyed a virtual monopoly in
intercity commercial passenger transporta-
tion— hauled only 31 percent of the total
for-hire transportation In this field In 1958.

The obvious resulting decline In railroad
cqulpn\ent and employees was the most dis-
turbing feature of this testimony.

There Is no doubt that today's railroad
equipment Includes little reserve capacity.

But even if this were not true, the real
loss to the railroads and to the Nation Is ap-
parent in the sharp decline in manpower.

From 1,368,838 employees in 1946 to 840,575
In 1958.

It matters little that metdianliaUon and
other technological changes have been to
a great extent responsible for thia decline.

The plain fact Is that these employees
are no longer there.

Thousands of trained and skilled workers
have t>een furloughed.

Many have obtained work In other indus-
trlPs.

The once vaunted trained reserve of rail-
road enjployees — the shock troops, skilled
In coping with disaster — no longer exists.

This is the real tragedy of the decline of
the railroads.

As appropriately stated by Chairman Tug-
gle. of the Interstate Commerce Commis-
sion:

"The railroads' ability to transport might
be governed more by shortages of man-
power • • • during a sur^-lval period than
by shortages of equipment and faclUtlea."

Is It any wonder that Congress is concerned
about the health of the railroads?

A sound and healthy railroad Industry is
essential to the United States.

The special subcommittee — of which I
spoke earlier — made several recommenda-
tions, which. If followed, should provide
needed financial relief for the railroads.

Tlie most ImporUnt of these wa» Ux
reUef— Federal, State, and local.

It was ob'vlotis from the testimony that
the policies of all levels of government in
providing roads, air terminals, waterway
developments, and other means of assistance
to other modes of transportation operated
to the detriment of the railroads.

While the users of these facilities merely
pay a fee for the use thereof, the rallroade
have been and are required to provide and
maintain their own terminals, rights-of-way,
and other fixed facilities.

On top of this, each layer of government
Imposes a tax based on the value of the

property.

In hearings by the Interstate Commerce
Commission beginning In March 1956 — rela-
tive to the railroad passenger deficit— the
matter of such taxation, as It affected the
whole of the railroad Industry, was fully
explored.

On May 25, 1969. a report was released by
the ICC which contained — in addition to
others — the following recommendatlona:

1. That the Federal tax laws be anunded
to encourage local and State tax relief — at
least to the extent of disregarding State and
local provided pretax net income for Federal
tax purposes;

2. That State and local governmenta take
such steps as may be required to effect a
greater degree of equity In respect to tax
burden on railroad property in relation to
taxpayers generally, and consistent with the
desire of their communities for retention of
commuter and other passenger train service.

The committee was In agreement with
these suggestions, and recommended prompt
action In this field.

With such relief the railroads should be
able to sharply change the present picture
of bad-order equipment, deferred mainte-
nance, and overage equipment and facilities.

Such changes will of necessity drastically
reverse the present decline of employment
in the whole of the railroad Industry.

The 86th Congress — Jtist recently ad-
journed— aptly expressed its concern over
the health of our transportation systems by
the many fine pieces of legislation and reso-
lutions introduced.

All were directed toward putting our trans-
portation systems on a sound financial basis
because of their essentiality to the national
security.

Some have become law and others, not
yet acted upon, will be reintroduced in the
87th Congress.

Perhaps the most in^Ktrtant of these —
from the standpoint of the railroads — were
H.J. Res. 606 and S.J. Res. 158.

Tlie acknowledged purpose of these reso>
lutions is to establish a National Advisory
Committee on Rail Transportation.

The primary basis for the establishment
of such a committee is expressed as follows:

"Whereas an adequate system of rail trans-
portation is essential to the national econ-
omy and to the national defen.se. "

You will find this theme running through
every piece of legislation on this topic.

This 13 the most graphic Illustration of
the concern with which the Congress views
the status of our tranrportatlon systems.

In addition, the CoMonEssiONAL Rxcobb Is
replete with statemenu of the Members of
Congress expressing their feeling regarding
various facets of this problem.

As you are aware, I personally have spon-
sored legislation for assistance to the rail-
roads because of my grave concern over this
situation.

Let me recall to you a statement I recently
made with reference to tlie need for imme-
diate congressional action.

This statement was printed in the Com-
cxrssioNAi. Rxcoao of February 9, 1900:

"Unless we have adequate transportation
in all modes to svistaln both our military
activities and our civilian economy — In event
of an emergency — we will be like unto a
living body with a ruptured aorta: Our life
blood slowly but surely nmnlng out.

"Indeed, the bell will be toUing for ue."

From my own wartime experience I know
that measures to Insure this can be neglected
or deferred only at grave peril to our national
security and survival.

John Foster Dnlles MemorUl Stanap
CcrcMoay

EXTENSION OF REMARKS
or

HON. JABIES G. FULTON

or PXITMSTLVSHIA

IN THE HODSK OF RKPRESSNTATIVXS

Friday, January 6. 1961

Mr. PULTON. Mr. Speaker, under
leave to extend my remarks in the Ai>-
pendix of the Ricord, I would like to In-
clude a copy of the speech delivered by
Postmaster General Arthur E. Summer-
fleld on the occasion of the first day
ceremony of the John Poster Dulles me-
morial postage stamp. Because of the
high esteem in which Secretary Dalles
is held, not only by my colleagues in the
Congress, but by the American people
as well, I feel Mr. Summerficld's re-
marks deserve wide recognition and
commendation:

John Fosteb Dulles Mcmosl^l Stamp
CcBEMONT — Talk bt Postmastbs OrNxaaL

AKTHXm E. SUMMCSriKLO. WASHINOTOlf,

D.C.. DxccMBca 6. 19S0

It Is .1 pleasure to welcome this distin-
guished audience.

We appreciate your being with us tod»y
as we honor the late John Foster Dulles and
his mora than SO years of dedicated and de-
voted service In the cause of justice and
freedom for all men.

In Issuing a menuK-ial stamp dedicated to
John Poster DuUes, the U.S. Government
pays homage not only to the chief architect
of this Nation's foreign policy during a time
of challenge and crises, but to a man of out-
standing character and stature who worked
untiringly for peace, Ignoring every personal
cost and sacrifice, however great.

Early in his life. John Foster DuUes re-
solved, the way many young men do, to work

far the betterment of mankind. Through
his long and brilliant career he succeeded as
very few do in achieving the goal he set
for himself. His dedication was to peace,
based on the belief that change, though
inevitable, must tie attained without war
through the acceptance of law and the fos-
tering of Justice throughout the world.

Born here In Washington, D.C., on Feb-
ruary 26. 1888, the son of a Presbyterian
pastor of Watertown, N.Y., and the grand-
son and nephew of men who served as Sec-
retaries of State — under President Benjamin
Harrison and President Woodrow Wilson —
Mr. Dulles' early life centered around rig-
orous and Intensive religious training In-
tertwined with family discussions on moral-
ity and diplomacy.

On assuming the ofllce of Secretary of
State In January 1958, Mr. Dulles' dedica-
tion to peace faced the ultimate test. Crises
throughout the world In Korea. Iran, Indo-
china. Europe, challenged him. But he was
prepared, for activity In the field of foreign
affairs had been his vocation or avocation
throughout his life. Behind him lay nearly
SO years of experience In writing and think-
ing about world events, including Intense
participation In foreign matters In the 8
preceding years. John Poster Dulles under-
stood the peoples and the nations of the
world — their aspirations and their problems.
He was Ideally equipped to play a leading
role In assisting the free countries of the
world in building and maintaining the unity
and strength Indispensable for guarding
peace and preserving freedom.

Mr. Dulles deeply believed that moral
principles should be brought boldly and un-
ashamedly Into the arena of world affairs.
Each human being, he felt, was endowed
with spiritual dignity and worth which all
others should resi>ect: whenever these ele-
mentary truths were rejected, he main-
tained, spiritual and social disorder was
inevitable.

His faith In the average man was unshake-
able. He believed that the struggle for peace
would never be won without the cumulative
efforts of millions of individuals working,
each in their own environment. In ways
which develop moral power and organize it
as a mobile powerful force.

John Foster Dulles felt that our Nation
had a noble mission to perform: to set an
example before the world by requiring the
highest standards of conduct for ourselves.
He wanted the world to know that otu- coun-
try remained steadfast to Its historic Ideals
and followed its traditional course of shar-
ing the spiritual, intellectual and material
fruits of our free society. He knew that we
need not fear competition from the despotic
nations, if we continued to move forward
under freedom as a dynamic, liberalizing
force.

His deep personal faith coupled with rare
moral and physical courage characterized his
life's work. John Poster Dulles probably
best described his own qualities In stating
"To achieve world order is a long hard
task • • * and calls for men who are clear
of vision, strong of faith and competent in
deed."

On the occasion of the 50th anniversary
of Secretary Dulles' service In the field of
foreign affairs, President Dwlght D. Eisen-
hower wrote, in part :

"I am quite certain that as this adminis-
tration Joins those which are viewed from
long historical perspective, your accomplish-
ments win establish you as one of the great-
est of our Secretaries of State."

And in his "The Legacy of John Foster
Dulles." Vice President Richasd M. Nixon
noted:

"The Communists have no hesitancy In
proclaiming their faith in the eventual dom-
ination of the world by dictators. Can we be

less determined in our dedication to the
cause of freedom from tyranny for all peo-
ple? In this thought Mr. Dulles leaves to
the free world perhaps his most lasting and
valuable legacy."

For the public services he rendered, for the
Inspiration he provided his fellow citizens,
and for the personal sacrifice he made, we
honor his memory by Issuing this postage
stamp

I am highly privileged to take part in this
program today and to pay tribute, along with
his many friends and the members of his
family, to this great and good man I knew
so Intimately as a friend and fellow Cabinet
member.

I shall always remember him as a wholly
dedicated public servant whose tireless en-
ergy, and great Intellectual abilities were
devoted to the most noblest of man's aspi-
rations— peace with Justice.

In this spirit, then, the Post Office De-
partment gratefully and proudly dedicates
this John Foster Dulles memorial stamp.

After Its first-day sale here today In Wash-
ington, 120 million of these Dulles memorial
stamps will be placed on sale In the Nation's
35,000 p>ost offices.

We believe the widespread use of these
Dulles stamps will reawaken the gratitude of
our people for the many services rendered In
their behalf by John Foster Dulles. We
hope, too, that they will stimulate the Inter-
est and strengthen the belief In the philoso-
phy of peace with Justice — the Ideal mankind
has never yet reached but never quite for-
gotten— both here and throughout the world,
which he so ably and consistently cham-
pioned throughout his truly distinguished
career.

Barry Goldwater Needles the Lfl>erals

EXTENSION OP REMARKS
or

HON. GORDON H. SCHERER

OF OHIO

IN THE HOUSE OF REPRESENTATIVES

Friday, January 6, 1961

Mr. SCHERER. Mr. Speaker, you and
Other top brass of the Congress graced
the speaker's table at the Women's Na-
tional Press Club dinner for Members of
Congress at the Statler Hotel on last
Tuesday evening. I know you do not
agree with most of what Senator Gold-
water, in his speech to the liberals, said
on that occasion. You must admit, how-
ever, that it was a great and effective
speech. While you joined in the laugh-
ter at some of the devastating satire by
Barry Goldwater, it seemed to me that
you winced on a number of occasions
when the Senator's cold logic far over-
shadowed benator Humphrey's loqua-
cious defense of the liberal school. Since
all Members of Congress were not pres-
ent at the press dirmer, It is my feeling
that they should have the opportimity
to read and enjoy this exceptionally well-
done dissertation by the senior Senator
from Arizona :
Speech op Senator Babbt Goldwateh, of

Arizona, Women's National Press CLtm,

Statleb Hotel, Washington, D.C, Tuesday,

Jantjabt 3, 1961

In the invitation I received to address the
Women's National Press Club, Miss Lewlng
asked me to offer some advice to liberals
who wlU hold forth In the next session of
Congress. I am very happy to do this, be-
cause although I addressed about 500 gather-

ings during the last campaign, there wasn't
a liberal In the lot. They wouldn't even give
me token integration.

In fact, rather than associate with me and
my kind, they are prepared to give up public
gatherings. I can assure you from the bot-
tom of my heart, we don't want that any more
than they do. All we ask is our rights.

When a conservative Is Invited to give
advice to the liberals, he finds himself in
approximately the same situation as a
vegetarian missionary assigned to a tribe of
cannibals. Without a quick conversion, the
results win be personally psdnful. I think
it is absolutely necessary that we conserva-
tives counsel with our liberal friends to pre-
vent the Daniel Boones of the New Frontier
from leading us all down the wilderness
trail to a completely collectivlst state.

While I have been asked to be here tonight
only In the capacity of an adviser, I cannot
resist the temptation to comment on the
recent election. The other day I came across
a message that describes how I feel about the
election so much better than I can hope to
phrase It, I have taken the liberty of bringing
it with me tonight. This was a telegram
that was sent by the defeated presidential
candidate to his victorious opponent in a
musical comedy some years ago. It reads
and I quote, "Heartily congratulate you on
yoiu* splendid victory and charge fraud in
Indiana, Illinois, Nebraska, Montana, Wash-
ington, Ohio, and Massachiisetts." Now, If
you will drop out the States mentioned in
that telegram which went Republican and
add Texas to the list, youll understand how
we Republicans feel about 1960.

But this is a season of good will and non-
part^^anshlp, a nonpartisanshlp that I have
every reason to believe will last until January
20. It may even last longer and go all the
way through January 21. During this happy
period, you will see the lions and the lambs
frisking together in a Joyous coexistence,
reminiscent of the peaceful days when Mr.
Khrushchev was being entertained at Camp
David, and those days in West Virginia when
my friend Hijbert was saying so many nice
things about the President-elect.

During this period you will find Senator
Brao playing leapfrog with Senator Clark,
and Drew Pearson might even write an Item
insinuating that Dick Nixon Is not crooked
all the way through. It Is even remotely
possible that during this period Senator
McHtsx will moderate his language.

In the spirit of one for all and all for one.
I want to compliment our President-elect on
his choice of Mennen Williams to be in
charge of African affairs. Although we kept
it a close secret during the campaign, I think
I can now safely reveal to you that Dick
Nixon had Intended to offer him the same
poet If the Republicans had won. I know
that Governor Williams probably sat up as
late as the rest of us election night sweating
out the retvirns, but he was the only poli-
tician In the country who really didn't have
to worry how It came out. He was earmarked
for Africa no matter who won. He will be
safe there — Reuther can't lay a hand on him,
and It will be virtually Impossible for him
to disturb the tax solvency of those countries.

Before going further into the subject of
my discussion this evening, I must sincerely
and from the bottom of my heart comment
on the warmth and beauty and charm the
new First Lady will bring to the White House.
However, I think we can all agree that if the
election had depended on who that first
woman would be, there would have been no
contest for either Jackie or Pat would fit the
description I had given.

In mentioning the President-elect's wife,
I must also compliment him and his family
for the close association they enjoy with each
other. I know the Joy that comes from this
closeness for I have lived my life in a family

344

CONGRESSIONAL RECORD — HOUSE

January 6

1961

CONGRESSIONAL RECORD — HOUSE

345

*

i
f

eloaely knit tHao. The Kennedys are an ex-
ample of f amUy life that can aerre the coun-
try well. In fact. It la from thla that I offer
my flnt adTlce to a liberal.

Mr. President-elect. It U with aome trepi-
dation that we conaervatlves learn of the
willing ear that you give to Mr. Galbralth,
Mr. Schleaalnger, and the Americans for
Democratic Action, ao please find an empty
room In the White Hotise and comfortably
settle your father Joe In It, then have break-
fast with him every morning, and listen to
hla advice.

In mentioning Joe Kennedy, I am sure it
was a sentimental gesture on the part of
our President- and Vice President-elect that
cauaed them to purchase their clothes In
London. Sentimental or not, at a time when
we have our own depressed areas, I think
It would be fitting If the leaders of our
country wovild buy their clothes In America
and support our economy.

Follow the examples of the vice chairman
in charge of the Democratic deflclt, Frank
Sinatra, who la having his clothes made by
one ot America's leading dress designers.

You will forgive my using the word "econ-
omy," Mr. Kennedy. I know It wasn't In
your platform. Seriously, no one reallzea
better than we Bepubllcans do that the next
administration will be faced by some of the
most menacing situations the world and
our country have ever known.

In meeting the problems of the Congo.
Algeria, Laos, Cuba, the rest of the world
and our own Republic. I think I can freely
pledge for our party our loyal support to the
new President In what I am certain will be
his patriotic efforts to bring about the just
and honorable peace that President Elsen-
hower fought so valiantly for and which
all the peoples of the world so fervently de-
alre.

There will be honest differences and we
■hall endeavor sincerely to Iron them out so
that a united America can show a genuine
unity of purpose.

There is only one area of conflict where
we may disagree violently. In a savage civil
war now raging in New York State between
the forces of Carmine DeSaplo and the agrar-
ian reformers of Eleanor Roosevelt, our party
believes that It Is In America's best interests
to remain neutral. All we ask are tickets
on the SO-yard line.

We would entreat you, therefore, Mr. Ken-
nedy, not to lend lease nor supply either side
with enough arms and patronage for a de-
cisive victory either way.

If this flght can be kept going through
1962, we can reelect Nelson Rockefeller as
Governor without much dilBculty. Nelson
has done a good Job, and I'm convinced he
will do even better in his second term, espe-
cially. If we keep him away from David Suss-
klnd.

Back to Joe Kennedy for just one more
time. I must recognize that he was the only
member of the Kennedy family who did not
take an active part in the campaign, and was,
therefore. Ineligible for a Cabinet job. Jack
made this perfectly clear at the outset when
he said he wouldn't app>olnt anyone — anyone,
mind you — jtut becaiise they had made a
substantial financial contribution to the
Democratic Party. The President-elect has
been working with great diligence on his new
Cabinet, but as we have all recognized, he has
experienced difficulties In finding an adequate
supply of men who are acquainted with P-T
boats, who have graduated from Harvard,
who have been ushers In one of the Kennedy
weddings, or who can play touch football.
Harvard Is being robbed to supply this ad-
ministration with men. In fact. It will prob-
ably come to be known as a broad A admln-
latratlon.

Again, what I am about to say Is not In the
form of advice, but I m\ut comment on ovir

new Vice President. He has had an outstand-
ing political career dxiring which he has
made remarkable contributions to our Re-
public. Those of us who know him count
on him to continue hla dedicated efforts.
Probably, his greatest contribution, however,
came In this past election year. We call It
the Johnson ballot. It is the Townscnd plan
for uncertain candidates. The plan is to run
for not just one offlce. under the Johnson
ballot run for everything on the ballot. You
can't lose them all — and If you don't win the
one you really want, you can always trade.

Rumors In times such as these are ever
with us, and I'd like to put an end to some
of them right now. Despite what you might
have read in editorials and columns written
by male writers — I make this Important dis-
tinction as to the sex of authorship because
I find the women of the working press much
more intriguing and more imaginative than
those of the opposite sex, but despite what
you may have read. Hubxet, the Republicans
do not Intend to iiufgeet legislation which
would make the vise of the straightedge
razor compulsory, outlaw automobiles, and
revoke the right of women to vote.

Some of my friends around the country are
a little amaaed when I tell them that in
Washington confusion Is our most important
product. I am afraid it would tax their un-
derstanding if they could be here tonight.
The liberals go to Joe Kennedy for money.
Walter Routher for votes. Arthur Schles-
singer and Kenneth Oalbraith for their eco-
nomic and history lessons, liondon for their
sulU. and Ooldwater for advice. I would
recommend my psychiatrist, but his appoint-
ment book is so full, I can't get on the couch
until December of 1962. My function this
evening is to give advice to my liberal friends
so I must get on with that and in a serious
way.

First. I would urge my liberal friends not
to take the results of the 1960 elections or
themselves or their philosophy too seriously.
The future of the Republic is at stake. The
questions Involved In national survival will
not be solved by slogans or name calling.
The urgencies of this hour require that ma-
ture Americans put aside the petty adoles-
cense of partisanship and engage In a serious
reflection and discussion of man's relation-
ship to government and government's rela-
tionship to man in this Republic.

Fcx- three decades you liberals have fsdled
to produce a new Idea in government. Your
only answer to our problems has been and
is now, to. first, pigeonhole our people into
groups, to regulate by edict, and to spend the
peoples' money. Even the new frontier Is
old. It was first suggested by Henry Wallace.
In his book by that title written In 1034, he
suggested changes In the rules just as Jos
Clabx Is doing today. The rules were not
changed then, and they wont be now and
we hope the new President will not try as
one of his predecessors did. to change the
referees.

In this charge, I am reminded that 60
years ago night before last, Mr. Arthur Tvrtn-
Ing Hadley, a Yale man and please, Jack, for-
give me for mentioning the name, had this
to say at a ssrmpoelum being held by the
New York Herald Tribune. "I apprehend the
day In this country when group cleavages
and group Interests are set over against the
whole national Interests, It could well be-
come our imdoing, and give us real trouble."
It doesn't take Scotland Yard or the FBI to
detect how our people have been pigeon-
holed Into seLf-intereet groups by the phi-
losophy of the liberals which has created In
these organizations the attitude of "Hooray
for me and the devil with our cotmtry."
Already, Washington is overbooked with
meetings being held by numerous organiza-
tions and fp-oups to determine what demands
they can'niake for themselves of the new ad-
ministration. It would be a Joyotu hour If

they would meet to ask themselves what they
can do to make our Republic more enduring.
The apostles of the liberal cause have
claimed for themselves the sole proprietor-
ship of an Interest in ths miserlss and mis-
fortunes and the triumphs and sucoesacs
of mankind. And when we who ars oon-
servatlves question their proposed sources
of action, they Inevitably accuse us of a lack
of concern for the welfare of our fellow man.
You liberals have had your say — your
policies have prevailed to drive the destiny
of this Nation rather generally over the past
28 years. You have directed the creation of
supergovemment, you have established
boards and commissions to redress all wrong,
you have taught men to lean on govern-
mental structure for support. I do not
question your motive but I read an unquiet
discontent which prevails across this land — a
thoughtful questioning of the direction in
which you have led us. We are strong peo-
ple— wealuiess and dependence Is not a suit-
able stats for the descendents of the men
and women who bought and paid for our
constitutional liberties with their treasures
and their blood.

By your legislative acts, through your
boards and commissions and your controlled
rulings and regulations, you have earnestly
sought to do more than make Justice pre-
vail. You have hopefully tried to refoxxa
the nature of man. You have, in my opin-
ion, been deceived by the false notion that
governments can make men good, or pro-
ductive, or considerate, or kind, or etiarl-
table. or thrifty. And your leaders who have
seen a vision of a better world are bitterly
disappointed over the failure so plainly
evident.

I would suggest that what you have at-
tempted to do Is beyond the ability of man
to accomplish. Por you have attempted to
create by legislative flat and governmental
decree a state where man might expect not
only justice but mercy as well. The fallacy
of the liberal presumption Is that society can
be made perfect when man surrenders his
liberty to government and then relies on gov-
ernment for his every need and want. Ths
lesson of America's history and erohitlon
shows very plainly just the opposite — that
moral government accompanies material im-
provement Just as long as the climate is
liberty. When Uljerals talk loosely about this
country's lost purpose. I suggest that they
might remember that one of our Republic's
purposes is freedom and that we have re-
mained free for nearly two centuries must be
listed as one of the great achievements of
history.

Tour well-meaning, well-intentioned pro-
posals have operated to deny and to limit
human personality. If. we. I think most of
you will agree, this wartorn, weary world is
in need of love and charity and mercy, then I
would suggest we must once more recognise
that only the Individual, human personalltv
can respond to Ood's mercy and reflect to his
fellow men meaningful love, effective jus-
tice, and provide the kind of political gov-
ernment under which the Individual citizen
can create for himself a more satisfying
existence.

In closing, let me give one more plees of
advice to my liberal friends. Tou liavs, for
nearly 30 years, talked about the forgotten
man. I want to talk about the forgotten
American. This Is a nian who prays, and
pays, and works. He stays out of mischief,
he behaves himself, he believes In the Con-
stitution and the free enterprlss system, and
he pays his taxes. That is the forgotten
American. To aid him. I wotxld suggest thst
you liberals Join us conservatives in a sin-
cere effort to stop pitting group against group
for political gain and to remember that
goodness and kindness and brotherly love
stem from the hearts of men. not from the
halls of government.

How Cmm the Church Meet the Challenge
of Communism?

*

i

EXTENSION OP REMARKS

HON. JAMES E. VAN ZANDT

or rCNNSTLVANIA

IN THE HOUSE OP REPRESENTATIVES
Friday. January 6, 1961

Mr. VAN ZANDT. Mr. Speaker, on
Sunday, October 23. 1960. it was my
privilege to take part in the morning
services of the First Evangehcal United
Brethren Church. Altoona, Pa., and to
deliver the following address on the sub-
ject "How Can the Church Meet the
Challenge of Communism'":

Addsess DcivxaEO bt Ru>B£sbntativc James

E. V*H 2UKDT. MzMBxa or CoMcaxss. 20th

DiSTBicT or Pennstlvania, at Sunday

MoBNiNC Sesvices Or TUB FnsT Evangel-
ical United Bbethben Chubch. Octoseb

23. 1900

It is a treasured privilege to Join you In
divine worship this morning as we acknowl-
edge our great gift of faith In Almighty God
and our love for the great Republic — that
guarantees our right to pay homage to our
Creator — under the priceless heritage of
American freedom.

Because the Communist world seeks to
eradicate religion from the minds of men I
thought it appropriate to select as the topic
of my morning message — my answer to the
timely question — How can the church meet
the challenge of communism?

The first necessity for the church — in
meeting the challenge of communism — Is to
take a clear-eyed view both of Itself and of
Its enemy.

We must face the fact that our own slack-
ness and defects, ovir meek acceptance of
social Injustices, and our selfish violations
of our own professed principles, give to Rus-
sian and international communism the
strongest of propaganda weapons.

We must face. too. the fact that com-
munism U basically snd imalterably opposed
to all religion.

The saying, "Religion Is the opium of the
people," originated by Karl Marx, was fre-
quently quoted with entire approval by
Lenin, and Is a fundamental tenet of the
Communist dogma, endorsed by Khru-
shchev as well as by Stalin.

We of the non-Coinmunlst world are re-
peatedly deceived by the Marxist procedure,
plainly prescribed in the Communist Mani-
festo of shifting superficial policies as ex-
pedient while preserving basic purposes.

The unchanging reality underlies the
bewildering surface of change and
contradiction.

The pea of atheism lies under one or an-
other of the shells in this old carnival
game of deception.

First, there Is the shell called "separation
of church and state ' which Is a name the
Communists xtse for persecution.

Then there Is the shell of toleration pre-
sented as In the wording of the Soviet con-
stitution, "freedom of function of religious
cults and freedom of antireligiotis propa-
ganda."

Finally, there is the shell of favor and
support of any religious group the Com-
munists believe they can use to their own
advantage.

If we keep our senses about tis we shall
make no bet on which shell covers the pea
at this particular moment.

The consistent Conununist interpretation
of "separation ot church and state," Is the

requirement of atheism for all government
officials since the government officials must
be Communist party members and the Com-
munist party members must be atheists.

The Soviet regime under Stalin in 1942,
under Nazi attack, called In the Russian
Orthodox Chvirch to bolster the Russian
nationalistic spirit, for defense of the land.

Ever since that time the Soviet Govern-
ment has found it expedient to sponsor and
support the national church on occasion,
and to a limited extent, keeping its chief
officials firmly under state control.

Contracts between these Communist state
functionaries and representatives of churches
In the non-Communist world both within
the Soviet Union and elsewhere are cold-
bloodedly directed to the ftirtherance of
Soviet domestic and foreign policy.

Soviet treatment of the Moslem faith and
Its adherents is similarly dictated by a scorn-
ful policy.

Accordingly, on February 8, 1958, there was
a radio broadciist from Moscow proclaiming
the long-cherished desire of Soviet Moslems
to visit the holy places of Mecca and Medina.

The broadcast continued in these words:
"However, in all the approaches to these
places that are considered holy to all
Moslems VS. Imperialists want to build
bases for dreadful atomic weapons. • • •
The Moslem world, our Moslem brothers,
must not allow the UJS. Imperialists to build
atomic bases."

Of course, the fact is that any obstacle
between the Moslems in the Soviet Union and
the holy places of Mecca and Medina Is set
up purely by the Government of the Soviet
Union, which, from 1945 to 1953, for In-
etance, permitted no such pilgrimages at all.

Treatment of Moslems within the Soviet
Union has ranged from mass slaughter and
the deportation of whole republics Into exile
and captivity to a showy but small-scale sup-
port and patronage.

Jews in the Soviet Union have been sub-
jected also to violent treatment intended
to keep them intimidated and subjected to
the ruling pKiwers.

At times when the Jews are in disfavor the
Communist press quotes the comment of
Karl Marx and Friedrlch Engels: "What is
the world basis of Jewry?

"Practical need — avarice.

"What is the world religion of the Jew?
Haggling.

"What Is his earthly god? Money— the
emancipation of the Jews in its final mean-
ing is the emancipation of mankind from
the Jews."

When it suits Communist purposes, how-
ever, to give the impression that Jews in the
Soviet Union are free to observe their reli-
gious practices without interference, a tab-
leau can be arranged for the purixwe as on
the occasion when the American visitor. Mur-
ray Schulman. expressed Interest In visiting
the synagogue In Moscow during his stay
from May 9 to 12. 1955.

Here Is what happened according to a pub-
lished report :

"The visit was arranged. At 11 ajn.. Tues-
day, May 10. Schulman and two non -Jewish
(U.S.) veterans arrived at the synagogue.

"They found there about 30 old men and
the chief rabbi of Moscow. Solomon
Schleifer. allegedly assembled for services.

"Schulman expressed his surprise for no
services are held in the synagogue on week-
day mornings at this hour."

Protestant groups are also subjected to the
swing of the pendulum of Soviet favor and
disfavor from a showy display of some reli-
gious ceremony in Moscow to restrictive laws
and slanderous public accusations usually
directed toward one particular church, such
as the Baptist (the largest Protestant group
In the Soviet Union) . or Jehovah's Witnesses.

Treatment of the Catholic Church seems
to vary geographically rather than with the
times.

Where it suits Russian purposes, as in the
Polish and Ukrainian regions that have been
annexed to the Soviet Union, the Catholic
Church is officially annexed to the Russian
Orthodox Church, its priests and members
havlrg the choice of submission or punish-
ment such as forced labor in Slt>eria.

In Lithuania, by contrast, some confiscated
Catholic churches are reported to have been
returned to religious use. and the Soviet
news agency, Tass, reported on April 19.
1957. the graduation of 14 Catholic priests
from a local seminary.

The Soviet Union contains representatives
of many faiths and its Government seems to
be willing and able whenever the occasion
arises to produce some venerable church
dignitary for public display and propaganda.

When the Burmese premier. U Nu, visited
the Soviet Union, the alleged head of the
Buddhist faith In the U.S£.R., Pandito
Lama, made It a point to go to Moscow for
medical treatment and to be there to greet
U Nu on his arrival in the capital.

Pandlta Lama seemed to know little about
any other Buddhists In the Soviet Union and
refused U Nu's invitation to visit Burma on
grounds of old age and ill health.

These r.re the grounds upon which leaders
of minority religious groups In the Soviet
Union generally refuse Invitations to visit
any place outside the borders.

In 1955, the Soviet Union succeeded in
having Installed as head of the Armenian
Orthodox Church a Soviet puppet priest In
Rumania.

This Russian priest is serving Soviet for-
eign policy well in establishing relations
with Armenians outside the Soviet zone of
control.

In all these Soviet relationships with re-
ligion the steady gaze can discern one con-
stant principle, the cold and scornful use of
religion as a propaganda factor, in both in-
ternal politics and foreign relations.

When nationalism is, at some particular
time or place, to the Interest of the Soviet
policy it is fomented by all the means at
hand including the encoiu-agement of the
national church or repressive measxires
against whatever chtvch the national group
may dislike and fear.

When and where nationalism, or any other
quality associated with religion, interferes
with C(»nmunlst policy, it Is ruthlessly re-
pressed by all means Including persecution,
mass evacuation, and wholesale killing.

I have taken these accounts of Communist
behavolr from the record of the Soviet Un-
ion, because there, where the Conununist
Party Is In undisputed control. Its deeds are
its own plain and unshared responsibility.

But the Soviet Union's actions and the
behavior of Communist parties all over the
world are consistent in this matter of atti-
tude toward religion.

Everywhere the Communist is a convinced
atheist, a hater of any and all religion, but,
for this very reason willing to use religious
belief as a tooLjind weapon and to dupe
believers even o^^|« clergy Into guUibly fol-
lowing him down the path to destruction.

He will use truth, half-truth, big he or
multiple lie, with cynical disregard until
anyone who tries to combat him is swamped
and confused In a mtiltltude of explanauons
and distinctions.

The Communist does not always lie. he
takes a devilish delight m finding a truth
that suits his purpose, and proclaiming It
loudly.

We must perceive and act U|x>n the truth
that communism is not what It sa3rs It Is,
a creative, forward-moving, revolutionary
force, but a counter-revolutionary dead-
weight of dictorial conspiracy and tyranny.

346

CONGRESSIONAL RECORD — SENATE

Jamutry 9

Its materUUsm Is a lowering of man's
si^U and hopes to rewards that would not
make men happy, eren il he covUd get them,
which he cannot by the Communist con-
spiratorial methods.

Religion — Christianity, the revolution of
the spirit of man U the real forward moTC-
ment in the world.

This is the courage that knows no defeat
even in prison or in the grave.

This U the spirit that holds through death
and disaster, through hardship and warfare
and victory, to the Christian virtues of faith,
hope, and charity.

These are no armor against communism.
they are no weapon against communism.

Let those who scorn religion, like the
Communists, presume to make use of re-
ligion as a tool and a weapon, to hide behind
it and to smash down their enemies with it.

It is for us to serve our religion, to fight
for It and under its banner, to ordw our
lives by iu direction.

It is for us to strive Impartially and un-
selfishly for the rule of law and J\istlce in
our own lives — in the affairs of our country,
and in the affairs of nations.

It is appropriate as we gather to worship
in this house of Ood this morning and by
doing so give public homage to our Creator
that we should prayerfully invoke His divine
aid in repelling the forces of world commu-
nism who denounce religion as being the
opium of the people and hope to banish it
from the face of the earth.

As we dedicate this church flag depleting
our faith U\ Ood and this new Star-Spangled
Banner wlilch symbolises the liberty and
freedom of 60 States In one Union, Insepara-
ble and indivisible, under God. let us rededl-

SENATE

MoND.w, January 9, 1961

The Senate met at 12 o'clock meridian
and was called to order by the President
pro tempore.

The Chaplain. Rev. Frederick Brown
Harris, DX)., offered the following
prayer:

Our Father, God, amid the seething
strife that mars the earth which could
be so fair, we turn from ourselves and
all the vexatious problems which press
upon us to the supreme spiritual verities
which cannot be shaken, which abide
forever, and on which in the end our very
salvation depends.

As members of Thy family on this
shrinking globe, may we be gripped and
guided by the realization that we are in-
deed our brother s keeper.

Deliver us from complacent satisfac-
tion, as in an impoverished world we
gaze upon its misery from the ivoiy
towers of our own privilege.

By the saving grace of true penitence,
may we si>eedily cleanse our land of be-
trayals which cut across and deny our
high profession.

Open our ears to the imperative voice
which sounds across the ages, saying, "I
was hungi-y. You fed me; I was impris-
oned. You came unto me," as an ancient
parable becomes today's soimdest poli-
tics and policies.

In the Master's name we lift our
prayer. Amen.

THE JOURNAL

On request of Mr. Humphrey, and by
imanimous consent, the reading of the
Journal of Friday. January 6. 1961. was
dispensed with.

ATTENDANCE OF A SENATOR

HOMER E. CAPEHART, a Senator
from the State of Indiana, attended
today.

LIMITATION OF DEBATE DURING
MORNING HOUR

Mr. HUMPHREY. Mr. President,
under the usual morning hour for the
inti'oduction of bills and the transaction
of routine business, I ask unanimous

consent that statements in connection
therewith be limited to 3 minutes.

The PRESIDENT pro tempore. With-
out objection, it is so ordered.

Mr. HUMPHREY. Mr. President, 1
suggest the absence of a quorum.

The PRESIDENT pro tempore. The
clerk will call the roll.

The Chief Clerk proceeded to call the
roll.

Mr. HUMPHREY. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.

The PRESIDENT pro tempore. With-
out objection, it is so ordered.

EXECUTIVE COMMUNICATIONS,
ETC.

The PRESIDENT pro tempore laid be-
fore the Senate the following letters,
which were referred as indicated:
Repokt on Resekvi; Foscks

A letUr from the Deputy Secretary of De-
fense, transmitting, pursuant to law, the
annual report of the Secretary of Defense
on Reserve Forces, for the fiscal year 1B60
(with an accompanying report) ; to the Com-
mittee on Armed Services.

COMPINS\TION OF ACADEMIC DlAN OF NaVAL
POSTCEADUATI SCHOOL

A letttr from the Assistant SecreUry of
the Navj (Personnel and Reserve Forces),
Department of the Navy, transmitting a draft
of proposed legislation to amend title 10.
U.S. Codo. to provide that the Secretary of
the Navy shall prescribe the compensation
of the Academic Dean of the Naval Postgrad-
uate School (with an accompanying paper):
to the Committee on Armed Services.

Report cn Special HELixTM-PRODtTcnoN Fund

A letter from the Administrative Assist-
ant Secretary of the Interior, reporting, pur-
suant to law, on the special helium-produc-
tion fund, for the fiscal year ended June 30.
1960; to the Committee on Armed Services.

Report on Pkocress or Flight Training
Procbam

A lettf-r from the Deputy Director. Legis-
lative Liaison, Department of the Air Force,
transmitting, pursuant to law, a report of
the Secretary of the Air Force on progress of
the flight training program, dated January
1961 (With an accompanying reportt; to the
Committee on Armed Services.

RrpoRTs ON Armt. Navy, and Air Force Prime
CoNTR\CT Awards to Small and Other
BusiNBSS Firms

A letter from the Acting Assistant Secre-
tary of Defense (Supply and Logistics),
Washington. D.C.. transmitting, pursuant to
law. reports on Army, Navy, and Air Force

eate ourselves to the spiritual values repre-
sented by theee banners, love of Ood, love of
church, and love of our country.

Let us regard these flags with love and
reverence for they are emblems of our re-
ligious faith and of the loyalty and respect
we owe to our beloved country.

As we gaze upon Old Glory let us resolve
in our hearts to renew our allegiance to Ood
and country saying in all sincerity to our
glorious national emblem — "Dear old flag,
we fling thee afresh to the breeze and stty.
•three cheers for the red. white, and blue.'
and we shall place above thee but one
symbol 'neath Ood's shining stm the cross of
HU only begotten Son and under the In-
spiration of the cross and the flag we shall
march to the moral, the mental, and the
spiritual mastery of mankind."

prime contracts awards to small and other
business firms, during the month of October
l»eO (with sccomponylng reports): to the
Committee on Banking and Currency.

Repost or OovaaNMENT of District or
Columbia

A letter from the President, Board of Com-
missioners. District of Columbia, transmit-
ting, pursuant to law. a report on the gov-
ernment of the I>lstrlct of Columbt*. for the
fiscal year 19eo (with an accompanying re-
port): to the Committee on tht District ot
Columbia.

Amendment of Act Rzlatino to Oompuuobt
School Attsndancs in Distssct or

Columbia

A letter from the President, Board of
Commissioners. District of Coltonbla. trans-
mitting a draft of proposed legislation to
amend the act entitled "An Act to provide
for compulsory school attendance, for the
taking of a school census In the District of
Columbia, and for other purposes." approved
February 4, 1925 (witU an accompanying
paper) ; to the Commit^ on the District of
Columbia.

Discharge bt Board or Parole or Dvtrict
OF Columbia of Certain Parolees

A letter from the President, Board of Oom-
mlssloners. District of Columbia, transmit-
ting a draft of proposed legislation to au-
thorize the Board of Parole of the District
of Columbia to discharge a parolee from
supervision prior to the expiration of the
maximum term or terms for which he was
sentenced (with an accompanying paper); to
the Committee on the District of Colvunbla.

Amendment or Acr Rxlatinc to Small
Claims and Conciliation Branch of
Municipal Court. District or Columbia
A letter from the President. Board of Com-
missioners. District of Columbia, transmit-
ting a draft of proposed legislation to amend
the act relating to the small claims and con-
ciliation branch of the municipal court of the
District of Columbia, and for other purposes
(With an accompanjring paper): to the Com-
mittee on the District of Columbia.

Report or National Advisory Council on
International Monetary and Financial
Problems

A letter from the Chairman. National Ad-
visory Council on International Monetary
and Financial Problems. Washington. D.C..
transmitting, pursuant to law, a report of
that Council, for the 2-year period April
1. 1958-March 31. 1960 (With an accompany-
ing report ) : to the Committee on Foreign
Relations.

Report on Examination or Air Force Con-
tract With Allison Division, Ormbal

• Motors Corp.
A letter from the Comptroller General of

the United States, transmitting, pursuant to

>

1961

CONGRESSIONAL RECXDRD — SENATE

347

law. a report on the szamination of the prices
negotiated for J-Vl-A-H aircraft engines
under Department of the Air Force Contract
AF 33 (600) -23143 with Allisoa Division,
General Motors Corp., Indiaaapolis. Ind.,
dited January 19<}1 (with an accompanying
report ) : to the Committee on Government
Operations.

Report on Review of Automatic Data Proc-
EssiNO Developmlnts in the Fxdcral
Government

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law. a report on tho review of automatic data
processing developments in the Federal Gov-
ernment, dated December 1C60 (with an ac-
companying report.) ; to the Committee on
Government Operations.

Report on Ezamocation of Certain Fortioks
OF Department of the Navy Contract
With Brown-R/tmond-Waleh for Span-
ish Base Constsuction Program

A letter from tlie Comptroller General of
the t7nlted States, transmitting, pursuant to
law. a report on the examination of con-
version from cost-plus-a-fixed-fee basis to
fixed-price basis c>f certain portions of De-
partment of the Navy Contract NOy-83333
with Brown-Rayniond- Walsh (a Joint ven-
ture) for the Spar Ish base construction pro-
gram, dated Decfmber 1960 (with an ac-
comf>anylng report): to the Committee on
Government Operations.

Report on Review or Education and Train-
ing Programs for Korean Conflict Vet-
Brans AND War Orphans, Veterans' Ad-
ministration

A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on the review of education and
training progranu- for Korean conflict veter-
ans and war orphans. Veterans' Administra-
tion, fiscal year 1059 (with an accompanying
report); to the Committee on Government
Operations.

Report on Research Progress and Plans of
U.S. Weather Bitreau

A letter from the Secretary of Commerce,
transmitting, puisuant to law, a report on
research progress and plans of the VB.
Weather Bureau, fiscal year 1960 (with
an accompanying report) ; to the Committee
on Interstate and FVsrelgn Commerce.

Rkport of Fbokbal Powbr Commission

A letter from the Chairman, Federal Power
Commission. Washington. D.C. transmitting,
piUYuant to law. a report of that Conunls-
sion, for the fiscal year July 1. 1959, to June
30. 1960 (with an accompanying report); to
the Committee on Interstate and Foreign
Commerce.

Report of Attorney General
A letter from the Attorney General, trans-
mitting, pursuant to law, his report for the
fiscal year ended June 30, 1960 (with an
accompanying report) ; to the Committee on
the Judiciary.

Court or Claims Opinion in Case or Claxhx
8. Rbbmb v. Thx Unitrb States
A letter from the clerk. United States Court
of Claims. Washington, D.C, transmitting,
pursuant to law. the court's opinion in the
case of Claude S. Reeder v. The United States,
dated January 6. 1961 (with accompanying
pnpers) ; to the Committee on the Judiciary.

Drafts of Proposed Bills
A letter from the Chairman. Federal Trade
Commission. Washington, D.C, transmitting
two drafts of proposed legislation to amend
section 15 of the Clayton Act to provide for
temporary injunctions and restraining orders
in merger cases, and to amend section 7 of
the Clayton Act to provide for prior notifica-
tion of certain mergers (with accompanying
papers) ; to the Committee on the Judiciary.

Report on SciENTTnc or Professional Per-
sonnel, National AERONAtmcs and Space
Administration

A letter from the ABslatant Administrator
for Congressional Relations, National Aero-
nautics and Space Administration, Wash-
ington, D.C, transmitting, pursuant to law,
a report on scientific or professional person-
nel of that Administration, for the calendar
year 1960 (with an accompanying report);
to the Committee on Post OlBce and Civil
Service.

ANNUAL REPORT OF JOINT COM-
MITTEE ON DEFENSE PRODUC-
TION (S. REPT. NO. 1)

Mr. CAPEHART. Mr. President, from
the Joint Committee on Defense Pro-
duction. I submit the 10th annual report
of that joint committee, with material
on mobilization from departments and
agencies. I ask that the report may be
printed, with illustrations.

The PRESIDENT pro tempore. With-
out objection, the report will be received
and printed, as requested by the Senator
from Indiana.

BIIJLS AND JOINT RESOLUTIONS
INTRODUCED

Bills and joint resolutions were intro-
duced, read the first time, and, by unani-
mous consent, the second time, and re-
ferred as f ollow,s :

By Mr. BUTLER:

S. 226. A bm to provide for the appoint-
ment of additional district court Judges for
the District of Maryland; and for the ap-
pointment of additional circuit judges for
the Fourth Circuit Court of AppetOs; to the
Committee on the Judiciary.

(See the remarks of Mr. Butler when he
introduced the above bill, which appear un-
der a separate heading.)

By Mr. MANSFIELD:

S. 227. A bill to provide for the reim-
bursement of political parties for their radio
and television expenditures in pj-esidentlal
election campaigns; and

S. 228. A bill to establish a Federal Presi-
dential Election Board to conduct preference
primaries In connection with the nomination
of candidates for President; to the (Commit-
tee on Rules and Administration.

(See the remarks of Mr. Mansfield when
he Introduced the above bills, which appear
under a separate heading.)

By Mr. WILEY (for himself and Mr.
Bennett ) :

S. 229. A blU to provide for denial of pass-
ports to supporters of the international Com-
munist movement, for review of passport
denials, and for other purposes; to the Com-
mittee on Foreign Relations.

(See the remarks of Mr. Wilet when he
introduced the above bill, which uppear un-
der a separate heading.)

By Mr. BURDICK (for himstilf and Mr.
Young of North Dakota) :

S. 230. A bill to make certain provisions In
connection with the construction of the Gar-
rison diversion unit, Missouri River Basin
project, by the Secretary of the Interior; to
the Committee on Interior and Insular Af-
fairs.

(See the remarks of Mr. Burdick when he
introduced the above bill, which appear un-
der a separate heading.)

By Mr. PROXMIRE:

S. 231. A bill for the relief of Eelga G. F.
Koehler;

S. 232. A bill for the relief of Dragomlr
Popovich;

S. 233. A bill for the relief of Sonja DoIaU;

S.234. A bUl for the relief of Krystyna
Ratajczak;

S. 235. A biU for the reUef of Bvageloe
Mablekos;

S. 236. A bill for the reUef of Dr. Ya-Pln
Lee;

S.237. A biU for the relief of Cht«h-Hsla

Mao and his wife. Rose Tung-Pel Mad^.^and

S. 238. A bill for the relief of Aharan "Ro-

tholE and Dan Rotholz; to the Committee on.

tho Judiciary.

By Mr. ENGLE (for himself. Mr. Bart-
LKTT. Mr. Bible, Mr. Bttrdick, Mr.
Btrd of West Virginia, Mr. Cannon,
Mr. Carroll, Mr. Case of South Da-
kota, Mr. Chavez. Mr. Church. Mr.
Cooper. Mr. GRtTENiNC, Mr. Hart, Mr.
KuMPKRCT, Mr. Jackson. Mr. Ke-
FAuvtR, Mr. Long of Hawaii, Mr.
Long of MiEsouri. Mr. Macnuson. Mr.
McCarthy. Mr. Metcalf. Mr. Moss.
Mr. Morse. Mrs. Nettbercer, Mr.
Randolph, Mr. Spaskman, Mr. Sy-
mington. Mr. Williams of New Jer-
sey. Mr. Yarborough, Mr. Young of
North Dakota, and lir. Young of
Ohio):
S. 239. A bill to declare a national policy
on conservation, development, and utilisa-
tion of natural resources, and for other pur-
poses; to the Committee on Interior and
Insular Affairs.

(See the remarks of Mr. Engls when he
introduced the above bill, which appear un-
der a separate heading.)

By Mrs. NEUBERGER :
S. 240. A bill for the relief of Donald Her-
bert French;

5.241. A bUl for the reUef of Haralambos
Agourakls; and

5.242. A biU for the relief of Mary Dawn
Poison (Emmy Lou Kim) ; to the Committee
on the Judiciary.

By Mrs. NEUBERGER (for herself, Mr.
Morse. Mr. Kefauver, Mr. Htn«PHREY,
Mr. Yarborough, and Mr. Proxmirx ) :

8. 243. A bill to prohibit discrimination
becatise of age In hiring and employment of
persons by Government contractors; to the
Ck>mmlttee on Labor and Public Welfare.

(See the remarks of Mrs. Neubehcer when
she introduced the above bill, which appear
under a separate heading.)

By Mr. YARBOROUGH :
S. 244. A bill to provide for the free entry
of an electron microscope for the use of
Wadley Research Institute of Dallas, Tex.; to
the Committee on Finance.

(See the remarks of Mr. Yarborottch when
he introduced the above bill, which appear
under a separate heading.)

By Mr. LONG of Hawaii:
S. 245. A biU for the relief of Kam Yung
(Lee) Chong;

S. 246. A bill for the relief of Robert O.
Llllle; and

S.247. A bill for the relief of Dr. Her-
man Plet Kramer and Marie Kramer; to the
Committee on the Judiciary.

By Mr. LONG of Hawaii (for himself,
Mr. Johnston of South Carolina,
Mr. Pong, Mr. Bartlett, and Mr.

GRtTENiNC) :

S. 248. A bill to restore the slae and weight
limiUtions on fourth-class matter mailed to
or from Alaska and HawaU which existed
prior to their admission as States; to the
Committee on Post Office and Civil Service.

(See the remarks of Mr. Long of Hawaii
when he introduced the above bill, which
appear under a separate heading.),
ByMr. ERVIN:

S. 249. A bm for the reUef of Margrlt
Binder: to the Committee on the Judiciary.
By Mr. BUSH;

S. 250. A bin to provide for the appoint-
ment of two additional district Judges for
the district of Connecticut; and

#

^^\

348

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

349

Ni

t

S. 251. A bill to provide for the holding
of terms of the district court for the dU-
trlct of Connecticut at Bridgeport; to the
Committee on the Judiciary.
By Mr. BKALL :
S. 252. A bill for the relief of loannla Tas-
sou; and

S. 263. A bill for the relief of Mrs. Stamata
Vergyrl; to the Committee on the Judiciary.
By Mr. BEALL (for himself and Mr.
Byed of Virginia ) :
S. 254. A blU to amend the Hatch Act so
as to permit certain political activity by
Federal employees residing In Maryland or
Virginia and employed In the District of
Columbia or surrounding counties of such
States; to the Committee on Bules and Ad-
ministration.

By Mr. ELLENDBR (for himself and
Mr. Long of Louisiana) :
8.256, A bill for the relief of John T.
Knight; to the Committee on the Judiciary.
By Mr. DIRKSEN :
S. 25«. A bill amending the Pair Labor
Standards Act of 1938, as amended; to the
Committee on Labor and Public Welfare.

(See the remarks of Mr. DiaKSiN when
he Introduced the above bill, which appear
under a separate heading.)
By Mr. KEATING :
S. 267. A bin to amend section 46, title 18,
United States Code, with respect to trans-
portation of water-hyacinths and seeds: to
the Committee on the Judiciary.
By Mr. BA8TLAND:
S. 268. A bill directing the Secretary of
the Interior to convey certain property In
the State of Mississippi to the heirs of H. A.
McNemar;

S. 259. A bill for the relief of Willie Lee
Toung and Minnie May Kees;

S. a«0. A bUl to direct the Secretary of the
Interior to issue a patent to certain land
situated in the State of Mississippi to Cyrus
Hugh Covington and Mrs. Mildred Coving-
ton; and

8.261. A blU directing the Secretary of
the Interior to convey certain property in
the State of Mississippi to J. P. Carter; to
the Committee on Interior and Insular
AflTaln.

S. 262. A bill for the relief of Constantino*
Oeorgiou Stavropoulos;

S. 263. A bill for the relief of OiUsseppe
Olorloso:

S. 264. A bUl for the relief of Mr. and Mrs.
FranUln Leong;

S. 265. A bill for the relief of Ante Gulon;
S. 266. A bin for the reUef of Georgios
Tzotzolas;

8.267. A blU for the relief of Mrs. Chou
Kwoon Tai; and

S. 268. A blU for the relief of Hok Yuen
Woo; to the Committee on the Judiciary.
By Mr. CLARK:
S. 269. A bin for the relief of Alexander
Wyon;

S. 270. A bin for the relief of Mrs. Tellsa
Prendlc de Mllenovlc;

3.271. A bin for the relief of Richard A.
nartman;

8. 272. A bill for the relief of Allno Torrl;
8.273. A bUl for the relief of Hratch
Samiel Arukian;

S. 274. A bill for the relief of Hajlme Asato:
8. 275. A bUl for the relief of Maria
Lombardo:

S. 276. A bill for the relief of Douglas Der-
Young Tang: and

S. 277. A bill for the relief of Krica Barth;
to the Committee on the Judiciary.
ByBifr.HILL:
S. 278. A bni to amend title II of the
Vocational Education Act of 1946, relating
to practical nurse training, and for other
purposes; to the Committee on Labor and
Public Welfare.

By Mr. HILL (for himself and Mr.
•Clark) :
S. 279. A blU to provide Federal assistance
for projects which will demonstrate or de-

velop techniques and practices leading to a
solution of the Nation's JuvenUe delinquency
control problems; to the Committee on Labor
and Public Welfare.

By Mr. CAPSHART:
S. 280. A bill for the relief of Chiang Chen
Chi; and

S. 281. A bni for the relief of Mr. and Mra.
Mcrvln L Cotterell; to the Committee on the
Judiciary.

By Mr. MOSS:
8. 282. A bill to provide for the establish-
ment of a national cemetery on Fort Doug-
las Military Reservation In the State d
Utah; and

S. 283. A bUl authorizing the Secretary of
Agriculture to convey certain property owned
by the United States to Brlgham Young
University. Provo, Utah; to the Committee
on Interior and Insular Affairs.

By Mr. ALLOTT (for himself and Mr.
Carrolt. ) :
S. 284. A bill to atithorlzc the construction,
operation, and malntanance by the Secre-
tary of the Interior of the Fryingpan-Arkan-
sns project. Colorado: to the Committee on
Interior and Insular AfTairs.

By Mr. HOLLAND (for himself and
Mr. Smathcrs) :
3.285 A bni for the relief of Alpo Frar«-
slla Crane; to the Committee on the Judi-
ciary.

By Mr. MORSE:
S. 286. A bUl to authorize the Commis-
sioners of the District of Columbia to refund
certain tuition paymenta of former nonresi-
dent studenta In the public schools; to the
Committee on the District of Columbia.

(See the remarks of Mr. Morse when he
Introduced the above bill, which appear un-
der a separate heading.)

By Mr. MORSK (for himself and Mr.
Bible) :
8. 287. A bin to provide an elected mayor,
city council, and nonvoting Delegate to the
House of Representatives for the District of
Columbia, and for other purposes; to the
Conunlttee on the District of Columbia.

(See the remarks of Mr. Mors^ when he
Introduced the above bin, which appear un-
der a sepnrate heading.)

By Mr. MANSFIELD:
S.J. Res. 28. Joint resolution proposing an
amendment to the Constitution of the
United States relating to term of office of
President and Vice President, and providing
for election of candidates for President and
Vice President by popular vote; to the Com-
mittee on the Judiciary.

(See the remarks of Mr. MA(rsFizui when
he Introduced the above Joint resolution,
which appear under a separata heading.)
By Mr. KEATING:
S.J. Res. 24. Joint resolution designating
the fourth Sunday In September of each year
as "Interfaith Day"; to the Commlttae on
the Judiciary.

(See tlie remarks of Mr. Keating when he
lntrod\iced the above Joint resolution, which
appear under a separata heading.)

By Mr. DIRKSBN (for himself. Mr.
HicxENLooPER, Mr. Wn,iT, Mr.
Hkuska, Mr. Cotton. Mr. Dwor-
sHAK. Mr. Bush. Mr, Keating. Mr.
AIKEN, Mr. Prouty. Mr. BrNNrrr,
Mr. Scott, Mr. Bridcks. Mr. Sai.ton-
sTALL, Mr. SCHOEPPEL, Mrs. Smith of
Mnlne, Mr. Case of New Jeri^ey, and
Mr. Carlson ) :
S J. Res. 25. Joint resolution to provide for
a commission to study and report on the In-
fluence of foreign trade upon business and
industrial expansion In the United States;
to the Committee on Interstate and Foreign
Commerce.

(See the remarks of Mr. Dirk.sen when he

Introduced the above Joint resolution, which

appear under a sep.iiate heading.)

By Mr. McGEE:

8.J. Res. 26. Joint resolution proposing an

amendment to the Constitution of the

United States relating to the election of
President and Vice President; to the Com-
mittee on the Judiciary.

CONCURRENT RESOLUTIONS

JOINT COMMITTEE ON NATIONAL

FUELS STUDY

Mr. RANDOLPH (for himself and Sen-
ators Byrd of West Virginia. Dodolas.
DiRKSCN. Humphrey, Coopst. Moktom.
Hartke, Moss, Bartlett, Yoitng of North
Dakota. Pastore. Long of Hawaii. Met-
CALF. Chavez. Kefauvbu, Lausche, Young
of Ohio. McNamara, Hickey. Salton-
STALL. Clark. Momb, Bball. Wiley,
Gruening, and Oore> submitted a con-
current resolution (S. Con. Res. 4) relat-
ing to a Joint Committee on National
Fuels Study, which was referred to the
Committee on Interior and Insular
Affairs.

(See the above concurrent resolution
printed in full when submitted by Mr.
Randolph, which appears under a sepa-
rate heading.)

MODERNIZE THE MONROE DOC-
TRINE TO MEET THE THREAT OF
COMMUNIST IMPERIALISM IN
LATIN AMERICA

Mr. BUSH submitted a concurrent res-
olution (S. Con. Res. 5) to modernize the
Monroe Doctrine to meet the threat of
Communist imperialism in Latin Amer-
ica, which was referred to the Committee
on Foreign Relations.

(See the above concurrent resolution
printed in full when submitted by Mr.
Bush, which appears under a separate
heading. )

RESOLUTION

AMENDMENT OF RULE RELATING
TO CLOTURE

Mr. MORSE submitted a resohrtlon
(S. Res. 24) amending the so-called
cloture rule of the Senate, which was
referred to the Committee on Rules and
Administration.

(See the above resolution printed in
full when submitted by Mr. Morse, which
appears under a separate heading.)

ADDITIONAL DISTRICT COURT
JUIX5ES FOR DISTRICT OF MARY-
LAND

Mr. BUTLER. Mr. President, in the
85th and 86th Congresses I introduced
proposed legislation which called for the
appointment of one additional judge in
the U.S. District Court for the District of
Marj'land— S. 1142 in the 86th and S. 897
in the 85th Congress.

Despite tlie need for this judge, the
Democratic -controlled Congress never-
theless chose not to act. Since that time,
however, several years have passed and
the Judicial Conference has published
the results of at least two comprehensive
studies of the overcrowded docket condi-
tions existing in the Federal system and
Its recommendations for additional dis-
trict and circuit Judges needed to ad-
equately cope with the crowded docket.
I have therefore. In the bill I am now in-

troducing, changed the language of my
previous bills so as to conform to thoise
Judicial Conference recommendations as
they pertain to the State of Maryland.
Those recommendations provided for the
apF>ointment of at least two additional
judges to the district court bench and two
additional judges to the bench of the
Court of Appealf for the Fourth Circuit.
I have many times in the past publicly
stated my views on the need for these ad-
ditional Judges and the need grows
greater with each passing day.

The present caseload of the two courts,
according to the Judicial Conference's
reports, is much higher than the national
average. Those statistics reveal a phe-
nomenal increase In civil cases filed since
the end of World War 11 in Maryland's
U.S. district court. For the 7-year period
from 1946 through 1952, the average an-
nual civil filings were 571.

In the succeeding 7-year period, from
1953 through 1959. they rose to 892. an
overall Increase of 56 ptercent with no
Increase In judge power. The average
number of civil cases commenced per
judgeship In 1959. 418. was almost twice
the national average of 215.

The situation Is also critical with re-
spect to the crimUial caseload which In
1959 was more than 60 percent above
the national average of 108 per judge-
ship. Nevertheless, the median time for
disposing of cases In the district of
Maryland — 10.4 months in 1959 — is con-
sistently below the national median —
15.3 months in 1959.

An analysis of the court records of the
fdoith circuit will reveal that the need
for the additional two judges recom-
mended for that court is equally great.
The nationwide need for additional
Federal judges has been repeatedly
brought to the attention of the Demo-
cratic controlled 85th and 86th Con-
gresses by the Attorney General who has
long -been concerned with overcrowded
docket conditions.

The drastic need has also been recog-
nized by President Elsenhower, who in an
effort to get the Congress to act, prom-
ised to split the appointments to newly
created judgeships equally among the
two major political parties. That was
Indeed a geneixtus bona fide gesture
made In an effort to get action. The
President was, nevertheless, ignored.

Mr. President. I doubt that the pres-
ent administration will make the same
generous offer, but whether it does or
not. I strongly urge that this Congress
take action not only on my request for
additional Federal judgeships In my
jurisdiction but on all recommendations
of the Judicial Conference as welL

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred.

The bill (S. 226) to provide for the
appointment of additional district court
judges for the district of Maryland; and
for the appointment of additional cir-
cuit judges for the Fourth Circuit Court
of Appeals, inti-oduced by Mr. Butler,
was received, read twice by Its title, and
referred to the Committee on the Judi-
ciary.

LEGISLATIVE PROPOSALS FOR
CHANGES IN THE PRESIDENTIAL
ELECTORAL SYSTEM

Mr. MANSFIELD. Mr. President,
weeks have passed since the preiddential
election. In its immediate aftermath
there was a vast outpouring of public
indignation from every State of the
Union over the patent inadequacy, the
creaky antiquity and the gla.-ing in-
equity of the entire presidential electoral
system from beginning to end. '

Today, the inadequacy remains; the
antiquity remains; the inequity remains.
But I wonder, Mr. President, how much
of the public indignation remains. It is
a long time from November to January
and, somehow, we have once agf in mud-
dled through a presidential election
which has managed, more by accident
than design, reasonably to reject the
views of the voters In the sclectltm of the
President and the Vice President of the
United States.

The flaws in the electoral sy»tem are
still there; but is the will to do something
about them still there? As th^j Senate
well knows, after every major election
which, in one maimer or another, high-
lights the outrageous weakness(» in the
system, there Is a clamor for change.
The attempt to improve the sy.'stem has
been made before, many times. Rarely
have the attempts met with success and
many times they have failed. These
failures notwithstanding, it seems to me
that the attempt must be made again
and again so long as the flaws remain.
The attempt must be made and. some-
day, it must succeed if we are to insure
the continued vitality of the basic polit-
ical machinery of the Nation.

It has sometimes taken great catas-
trophies in other areas of our social life
to end inertia and to produce significant
changes in practices, as, for example. In
fire prevention. In banking, and In many
other matters. I hope that It will not
require anything so drastic to produce
significant changes In the basic but out-
moded instrumentalities of our political
freedom — that for selecting the Presi-
dent of the United States so as to en-
courage the best possible choice as well
as the continued responsiveness of the
OflSce to the people of the Nation.

During the last p>olltical campaign I
announced that I would present for the
consideration of the Senate, certain
measures for dealing with what appeared
to me to be significant fiaws in the presi-
dential electoral system. That is what
I shall do. today, after these explanatory
remarks have been completed.

The significant flaws, as I see them,
the flaws requiring priority considera-
tion, are the following:

First. The out-of-date unrepresenta-
tive, and on occasion completely irre-
sponsible, electoral college system.

Second. The long interregnum or
transition when the administration re-
mains in the hands of the incumbents
from early November to late January — ^In
hands which have, in reality, already
been cut off from theh- source of power.
Third. The brutal length of presiden-
tial campaigns and Its brutalizing effect
on the level of debate and discussion.

Fourth. The costs of campaigns and
the methods of financing them.

Fifth. The nomination of presidential
candidates by the major parties under
the present convention system.

Today I wish to introduce three leg-
islative measures which are designed at
least to begin to cope with these five cate-
gories of flaws. They are not the first
legislative word, and I am sure, not the
last word on any of these problems.
They represent one Senator's thinking —
aided in its legal expression by the ex-
perts of the Library of Congress and the
oflBce of the Senate legislative counsel.
They are an attempt to find a legal road
out of the morass of confusion, inequity,
and irresponsibility which characterizes
the present system of presidential
selection.

The first of the three measures, Mr.
President, is a proposal to amend the
Constitution of the United States. This
measure represents a complete departure
from the present electoral college system.
It does not seek to patch up that system ;
it seeks to end it.

The proposed amendment calls, simply,
for the election of the President and
Vice President by direct popular vote.
It would give to every vote— wherever it
may be cast in the Nation — an equal
value with all others cast. In short, it
would write into the Constitution the
principle that one American voter equals
one vote — no more, no less, in the selec-
tion of the President and Vice President
of the Nation.

This approach Is not new, Mr. Presi-
dent. It has been tried time and again
since the very beginning of the Republic.
In recent years, the distinguished ma-
jority whip, the* able Senator from Min-
nesota [Mr. Humphrey] and other Mem-
bers have fought well but without success
to bring about this change.

It remains to be seen whether a re-
newal of the effort at this time will meet
with any results. I must confess that I
am not sangume m my expectations.
The issue is not simple and even if it
were, constitutional changes are not eas-
ily or quickly made, nor should they be.
Nevertheless, it seems to me most desir-
able that we test periodically in the Con-
gress these propositions: First, we have
reached that point in our continuing
constitutional evolution in which Ameri-
cans should express their unity as a peo-
ple, beyond State divisions, by selecting
by equal vote throughout the land the
President of the United States; and
second, we have reached, as a people,
that point of political enlightenment and
matmlty at which Americans are com-
petent to fill the Presidential office by
direct vote, without the faceless inter-
mediaries of the electoral college.

My experience with my fellow Ameri-
cans, not only in Montana but through-
out the Nation, leads me to subscribe to
both propositions. It is for that reason
that I will Introduce this proposed
amendment. It Is for that reason that I
have considered but rejected alternative
proposals for changes which would, in
essence, seek to amend or to patch up
rather than abolish the electoral college
system. No matter how it may be

350

CONGRESSIONAL RECORD — SENATE

January 0

1961

CONGRESSIONAL RECORD — SENAIT

351

m

changed, so long as the institution re-
mains, we will not conform to the basic
principle of one American voter — one
vote in the selection of the President. All
significant measures short of this, so far
as I can see. can act only as a rejockey-
ing of inequities, as efforts to shift ad-
vantages as between large States and
small States, between rural areas and
lu-ban areas. I, for one, can see no real
national purpose in exchanging the in-
equities Which exist in the present sys-
tem for the unknown inequities which
various halfway measures may substi-
tute for them.

To the only sifiniflcant argument
which still serves to underwrite the elec-
toral college system, that Is, that It Is a
part of the Federal system and as such
must be preserved, I can only reply that,
in my opinion, the Federal system is not
strengthened through an antiquated de-
vice which has not worked as it was In-
tended to work when it was included in
the Constitution and which, if anything,
has become a divisive force in the Fed-
eral system by pitting groups of States
against groups of States. As I see the
Federal system in contemporary prac-
tice, the House of Representatives is the
key to the protection of district interests
% as district interests, just as the Senate is

the key to the protection of State in-
terests as State interests. These instru-
mentalities, and particularly the Senate,
are the principal constitutional safe-
guards of the Federal system, but the
Presidency has evolved, out of necessity.
Into the principal political ofiBce, as the
courts have become the principal legal
bulwai-k beyond districts, beyond States,
for safeguarding the interests of all the
people in all the States. And since such
Is the case, in my opinion, the Presi-
doicy should be subject to the direct
and equal control of all the people.
That is what this proposed constitu-
tional amendment, if it is approved, will
help to do. And may I add that under
its terms the proposition would be put.
not to the State legislatures for ratifi-
cation, but as also provided for in the
Constitution and as was done in the
case of the repeal of the 18th amend-
ment, to the direct and specific con-
sideration of amending conventions
chosen by the people in the States solely
for that punx>se.

This amendment, as now proposed,
will do one thing more. It will speed
the day for the assumption of office by a
President-elect from January 20 to the
December 1 prior. In short, this provi-
sion will reduce the lame-duck Presi-
dency by several weeks and thereby cut
the dangerous drift in national leader-
ship during periods of administrative
changeover. At the same time it will
give the new President a greater oppor-
tunity to shape his program more ef-
fectively to action by permitting him
more time to gain control over the con-
tinuing processes of the executive branch
before the meeting of the new Congress.

Let me turn nexfr, Mr. President, to
the first of two bills which I shall also
Introduce today along with the proposed
amendment. This bill, Mr. President,
is aimed, simultaneously, at two flaws
in the present electoral system — the cost

of campaigns and their brutal and bru-
talizing length. I need hardly explain to
Members of this body that the costs of
poUtical campaign*--parUctil«rly presi-
dential campaigns — has reached enor-
mous levels. If all the expenditures from
all sources are totaled, the cost runs into
tens of millions of dollars — no one really
knows exactly how much. Money is
clearly a factor in all campaigns and. in
close campaigns, it may be the decisive
factor.

I do not think that it sei-vcs the inter-
ests of the entire Nation when elections
can be influenced significantly or even
decided by the question of which candi-
date can raise tlic mo&k money. I do
not think it serves the national Interests
when the expenses for those who cam-
paign to sei-ve all the people must be
financed by a relative handful of people
and organizations which make large con-
tributions directly or indirectly. I do not
think it adds to the dignity and viUllty
of the nation's political life when an-
other major source of political finance
is the patently unsatisfactory practice
of selling $2 steaks at $100-a-plate
dinners. I do not think It serves the
national interest when political cam-
paigns which begin as instruments of
public enlightenment end in a crescendo
of weai-y repetition and name calling as
the length of the campaign exhausts the
candidates and forces of hate and ma-
licious gossip are emboldened to join in
a final chorus of distortion and defa-
mation at the close of the campaign.

Let me say. Mr. President, that I do
not criticize the loyal adherents of any
party in these comments. They woi;k
hard for their candidates.

They raise money as best they can
because money is essential in p>olitical
campaigns. They do the best that they
are able to do. But I do believe all of
us, in the Congress, and in the Nation,
share reponsibility for the neglect and
inertia which makes a most vital Instru-
ment of freedom dependent for its fi-
nancing on a system less equitable and
less rational than the fundralaing de-
vices of obscure charities. I do believe
both parties share responsibility for
I>ersisting in campaigns whose length is
more attimed to the age of drum signals
in the jungle than to the age of instant
and full national electronic communica-
tions.

This bill which I am about to Intro-
duce, Mr. President, acts to supplement
in a limited way, out of public funds the
resources of the major parties so that
they will become more dependent In a
financial sense on all the people rather
than on a relative handful of contribu-
tors. I would hope that the bill will be
seen as complementary to the kind of
legislation proposed by our late col-
league. Senator Hennlngs, during the
last session. His interest in this subject
was intense, and he sought to bring
about a rational approach to the limita-
tion on expenditures by all parties.

The bill that I am about to introduce,
Mr. President, seeks to isolate a princi-
pal cost of modem presidential cam-
paigns— TV and radio broadcasting
which have become the most important
single devices of public discussion of the

Issues. It would have the Nation under-
write out of the Treasury $1 million of
the cost of such broadcasting for each
party. This would pay for roughly a
total of less than 10 hours of a full na-
tional network coverage on radio and TV.
It would do this, however, only if the
parties held their nominating conven-
tions for President and Vice President
after September 1. In other words. Mr.
President, the people would cover with
public funds a part of the cost of a
presidential campaign but only if the
parties in turn agree to shorten their
campaigns which, in effect, they would
do if they held off their nominating un-
til Sept?mber 1.

Finally, as I noted, the bill would al-so
act to simplify and to make more equi-
table the conditions of nomination of
candidates in the party conventions. For
to be eligible for the financial aid pro-
vided under the measure, a party's eon-
ventlon would not only have to be held
after September 1 but votes at the con-
vention would have to be allotted on the
same basis as congressional representa-
tion and no fractional voting would be
permitted. Convention delegates, thus,
would have to be chosen in rough pro-
portion to population. Conventions
would consist uniformly of about 600
delegates rather than the many more
who now participate, and we would see
an end to that curious convention phe-
nomenon whereby some delegates are
worth half a body while others are whole
and full of value.

I turn now to the second of the two
bills which I shall introduce today. Thie
bill is concerned with the question of the
use of the direct primary as a device for
the nomination of presidential candi-
dates. Let me say at the outset, that in
prepaiing this bill. I have drawn heavily
on the original work of the distinguished
Senator from Illinois, Mr. Douglas; the
able Senator from Wisconsin. Mr. Prox-
mire: and our late and dedicated col-
league from Oregon, Mr. Neuberger.

I considered for a long time the poMl-
bility of a direct national primary. For
constitutional reasons as well as those o<
practicality. I have now come to the con-
clusion that something along the lines of
the approach of the Senator from minali
I Mr. Douglas 1. which would not require
a constitutional amendment, would be
most practical at this point. What is
proposed, then, is a modification and
elaboration of a bill presented by him
in the 82d Congress. It would give Fed-
ei-al assistance at a set rate to States to
help them finance the conduct of prefer-
ential primaries for nominees for the
Presidency. In short. It is an effort to
encourage States to use this device so
that when the conventions do meet they
will have before them a far more exten-
sive grasp of popular sentiment as ex-
pressed through preferential primaries
than is now the case, a sentiment which
they would Ignore at their own peril.
In short, the bill is designed to help bring
the nominating processes out from be-
hind the closed doors and to encourage
wider popular participation In them.
The bill attempts to meet objections
which were raised against the original
Douglas legislation, and it goes further

in providing some financial assistance to
serious candidates for the nomination for
the Presidency in each party.

That, Mr. President, completes my
presentation of the three measures af-
fecting the electoral system which I am
about to introduce. I present them to
the Senate only after the most careful
study of the problem anc^ with a full
awareness that changes in the basic po-
litical machinery of the Nation ought
never to be lightly undertaken. I intro-
duce them with the expectation that they
will be carefully considered by the ap-
propriate committees along with other
motions on this subject.

By the same token, I introduce them
in the belief that action to modernize
the electoral machinery for the Presi-
dency and to introduce a measure of
greater dignity and public responsibility
Into political campaigns is long overdue,
I Introduce them in the belief that more
equitable conditions for the selection and
consideration of candidates and more di-
rect popular control will better serve the
present needs of our people and help to
revitalize and encourage greater popular
participation in the most important
single expression of political freedom in
this Nation — the election of the Presi-
dent and Vice President of the United
States.

Mr. President. I send to the desk for
appropriate referral the following:

A proposed amendment to the Con-
stitution providing for the direct popular
election of the President suid Vice Presi-
dent.

A bill to authorize the app>ointment of
a Federal Presidential Election Board to
conduct preferential primaries for the
nomination for President.

A bill to reimburse political parties for
radio and television expenditures in
presidential election camptdgns.

Mr. President, these thoughts are pre-
sented for the consideration of the Sen-
ate and, particularly, for the study of
the appropriate committees. Any or all
of them — on the basis of further study —
may prove to have some merit. Any or
all of them may not. They have been
introduced for the purpose of bringing
about consideration of a set of electoral
problems of serious proportions. The
proposals are presented in the hope that
the responsible committees will weigh
them along with other proposals and
come up with some effective answers to
these electoral problems.

Let me say finally that not a little of
what has been proposed and much of
what has been said can be found in leg-
islation previously introduced by Mem-
bers of the Senate and the House, both
Democrats and Republicans. I have bor-
rowed heavily from other colleagues and,
if there is any credit in these sugges-
tions, they, the Legislative Reference
Service of the Library of Congress, and
the Senate legislative counsel, deserve
most of it.

Mr. President, I ask unanimous con-
sent that the joint resolution and bills
I have introduced may be printed in the
Record.

The PRESIDENT pro tempore. The
Joint resolution and bills will be received
and appropriately referred; and, with-

out objection, the Joint resolution and
bills will be printed in the Record.

The joint resolution and bills, intro-
duced by Mr. MANsnELD, were received,
read twice by their titles, appropriately
referred, and ordered to be printed in
the Record, as follows:

To ttie Committee on the Judiciary:
8.J. Res. 23. Joint resolution proposing an
amendement to the Constitution of the
United States relating to term of office of
President and Vice President, and providing
for election of candidates for President and
Vice President by popular vote.

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled {ttoo-thirds of each
House concurring thtirein ) , That tlie follow-
ing article Is proposed as an amendment to
the Constitution of the United Stetes, which
shall be valid to all intents and purposes as
part of the Constitution when ratified by
conventions In three-fourths of the several
States:

"asticlje —

"Section 1. The executive power shall be
vested In a President of the United States
of America. He shall hold his office during
a term of four years, and, together with the
Vice President, chosen for the same term,
shall be elected by votes cast by the people
of the several States. No person constitu-
tionally Ineligible for the office of President
shall be eligible for that of Vice President
of the United States.

"The Congress shall determine the time
of such election, which shall be the same
throughout the United States. Until other-
wise determined by the Congress, such elec-
tion shall be held on the Tuesday next after
the first Monday In November of the year in
which the regular term of the President and
Vice President, as herein provided. Is to be-
gin.

"The persons voting in each State in such
election shall have the qualifications requi-
site for persons voting for members of the
most nvmierous branch of the legislature of
that State. The places and manner of hold-
ing such election shall be prescribed in each
State by the legislature thereof, but the Con-
gress may at any time by law make or alter
such regulations. The candidates for the
offices of President and Vice President shall
be selected in such manner as the Congress
shall by law provide. The names of the can-
didates so selected shall be placed on the
ballot In each State, and shall so appear
thereon that a single vote will be cast by
each voter for the candidate of a political
party for the crfBce of President and the
candidate of the same party for the oflice of
tiie Vice President.

"Sec. 2. Within two weeks after such
election, the chief executive of each State
shall make distinct lists showing the niun-
ber of votes cast In such State for the candi-
dates of each political party for the offices of
President and Vice President, which lists
shall be signed, certified, and transmitted
under the seal of such State to the seat of
the Govenunent of the United States di-
rected to the President of the Senate.

"On the twenty-first day following such
election the President of the Senate shall
open all certificates In the presence of the
Speaker of the House of Representatives and
the Chief Justice of the United States, and
the votes shall then be counted. The candi-
dates of a political party for the offices of
President and Vice President having the
greatest number of votes shall be President
and Vice President, respectively. If the
candidates of two or more f>olltical parties
shall have an equal number of votes for
President and Vice President, and the candi-
dates shall be deemed elected who shall
have received the greatest number of the
votes in each of the greatest number of

States. The Congress may by law provide
for the case wherein one or more of the per-
sons referred to in the first sentence of this
paragraph are unable to be present on the
day fixed for the opening of the certificates,
declaring who shall act in their placee.

"S«c. 3. The terms of the President and
Vice President shall end at noon on the
first day of December in the fourth year of
their term; and the terms of their successors
shall then begin.

"Sxc. 4. The first, second, third, and fourth
paragraphs of section 1. article n, of the
Constitution, the twelfth article of the
amendment to the Constitution, that part of
section 1 of the twentieth article of amend-
ment to the Constitution which refers to
the terms of the President and Vice Presi-
dent, and section 4 of the twentieth article of
amendment to the Constitution are hereby
repealed.

"Sec. 6. Tills article shall take effect on
the first day of June following its ratifica-
tion.

"Sk. 6. This article shaU be inoperative
unless It shall have been ratified as an
amendment to the Constitution by conven-
tions in tliree-fourths of the several States,
as provided In the Constitution, within seven
years from the date of its submission to the
States by Congress."

To the Committee on Rules and Adminis-
tration :

S. 227. A blU to provide for the reimburse-
ment of political parties for their radio and
television expenditures in presidential elec-
tion campaign.

Be it eiuicted by the Senate and House
of Representatives of the United States of
America in Congress assembled. That, for the
purpose of reimbursing political parties for
their expenditures for radio and television
broadcast time In aid or support of the elec-
tion campaign of their candidates for Presi-
dent and Vice President, the Secretary of the
Treasury shall pay, with respect to each
presidential election, from the sums appro-
priated pursuant to section 4 :

(a) A sum not to exceed $1,000,000 to
each political party whose candidates for
President and Vice President receive 10 i>er
centum or more of the total popular vote
in such election; and

(b) A sum not to exceed 9100,000 to each
political party whose candidates for Presi-
dent and Vice President receive more than
1 per centum but less tlian 10 per centum
of the total popular vote in such election.

Sec. 2. Notwithstanding the foregoing pro-
visions of this Act, a political party shall
not be eligible for reimbursement under
Buch provisions unless —

(a) Such political party submits to the
Secretary of the Treasury, within — days
after the date of the election, an applica-
tion for reimbursement accompanied by a
correct and itemized statement of the ex-
penditures with respect to which it seeks
reimbursement; and

(b) The candidates of such political party
for President and Vice President in such
election shall have been nominated at a
convention —

(1) which was convened on or after the
first day of September of the year in which
such election is held, and

(2) in which (1) the number of votes
allotted to each State was equal to the num-
ber of Senators and Members of the House
of Representatives from such State, (11) the
nimiber jf votes distributed among the other
areas under the jurisdiction of ths United
States did not exceed six, and (Hi) frac-
tional voting was not permitted.

Sec. 3. In any case In which the candi-
dates of any political party for President
and Vice President are also the candidates
of one or more other political parties, reim-
bursement under this Act shall be made only
to whichever one of such political parttee
received the greatest number of pc^ular
votes.

352

CONGRESSIONAL RECORD — SENATE

January 9

BR. 4. ThlB Act shall apply to the presi-
dential election to be held in 1964 and to
each ouch election thereafter.

Sbc. 8. There is herby authorized to b«
appropriated such sums as may be necessary
to carry out the purposes of this Act.

Td the Committee on Rules and Adminis-
tration :

8. 238. A bill to establish a Federal Presi-
dential Election Board to conduct prefer-
ence primaries in connection with the ncHUl-
nation of candidates for President.

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That (a)
in order to encourage the use of prefer-
ential primaries for the purpose of suggesting
nominees for President to the major political
parties, there is hereby established the Fed-
eral Presidential Election Board (herein-
after referred to as the "Board") which shall
consist of the following members:

(1) Two members to be appointed by the
President of the United States;

(2) Two members to bo appointed by the
Chief Justice of the United States;

(3) Two members to be appointed by the
Speaker of the House of Representatives;

(4) Two members to be appointed by the
President of the United States from each
political party which polled more than 10
per centum of the total popular vote in the
next preceding presidential election, such
appointment to be made from among names
submitted by the national conunittees of
such parties; and

(5) One member to be appointed by the
President from each political party which
polled more than fire but not more than ten
per centtun of the total popular vote in the
nest preceding presidential election, such
appointment to be made from among names
submitted by the national committees of
such parties.

(b) Members of the Board shall be ap-
pointed for terms of four years beginning
on March 1 of the yea- following a presi-
dential election except that (1) any member
appointed to fill a vacancy prior to the ex-
piration of the term for which his predecessor
was appointed shall be appointed for the
remainder of such term, and (2) the terms of
office of the members first appointed after
the enactment of this Act shall commence on
the dates of their respective appointments
and shall end on February 28, 1965. Vacan-
cies shall be filled promptly by appoint-
ment as provided In subsection (a) of this
section. After the appointment of the first
members of the Board, and at the beginning
of each four-year term thereafter, the Chief
Justice of the United States shall designate
one of the members of the Board to call a
meeting of the Board at which the first or-
der of business shall be the election of a
chairman and vice chairman.

See. 2. (a) The Board is hereby author-
ized to enter Into agreements with the sev-
eral States, through their appropriate of-
ficials, to conduct preferential primaries for
suggesting nominees for President to each
political party which polled 10 per centum or
more of the Nation's total popular vote in the
next preceding presidential election.

(b) The Board is hereby authorized to
compensate each State with which an agree-
ment is made for use of Its facilities and
services, but such compensation shall not
exceed in smy State an amount eqvial to
twenty cents multiplied by the total number
of votes cast in the preferential primary held
in thHt State.

Sxc. 3. (a) No person shall be a candidate
for nomination In a preference primary un-
der this Act unless there shall have been
filed with the Board —

(1) a petition on behalf of his candidacy
signed by at least 1,000 citizens of each of
three-fourths of the States who are regis-
tered or otherwise qualified to vote in their
respective States; and

(3) a hond in the sum of $25,000 which
shall be forfeited if such person fails to poU
at least 3 per centum of the total vote in
all States in which preferential primaries
are held under the provisions of this Act.

(b) Whenever the Board shall receive a
petition which appears to qualify the name
of a candidate for President, it shall forth-
with in writing notify the prospective can-
didate of such petition and shall advise him
that, lutlesa he infornu the Board of the
withdrawal of bis name from the ballot with-
in ten days after receipt of such notice, or
unless there is a failure to comply within
such time as may l>e fixed by the Board there-
for with the provisions of subsection (a) (3),
his name shall appear on the ballot of his
pa'-ty In such presidential preference primary
in all States which entered into agreements
therefor with the Board.

Sec. 4. (a) Except as provided in subsec-
tion (b), each candidate whose name appears
on the ballot In a preference primary held
under the provisions of this act shstll be ell-
g^lble for reimbursement by the Board in an
amount not to exceed $250,000 for expendi-
tures made by him or by any person for him
with his knowledge and consent in aid or
support of his primary campaign.

(b) The reimbursement authorized by this
section shall not be paid to any candidate

(1) the eandidate shall file with the
Board, within 20 days after the last prefer-
ence primary has been held, a correct and
Itemized account of each such expenditure
together with the name of the person to
whom such expenditure was made, except
that only the total sum of expenditures for
items specified Ln section 309(c) of the Fed-
eral Corrupt PracUces Act. 1926 (2 U.S.C. 248
(c) ) . need be stated: and

(3) the crjidldate polls at least 3 percent
of the total vote in all States in which pri-
maries are held under the provisions of this
act.

Sec. 6. The Board shall by regulation
specify the time within which the petitions
referred to in section 3 shall be filed, the
dates of such preference primaries, and other
details necessary and proper to eflectxiate
the purposes and provisions of this act, but
no such preference primary may be held later
than August 1 of any presidential election
year.

Szc. 8. As used In this Act, the term
"State" means one of the several States.
The Board may. however, in its discretion,
conduct preferential primaries in other areas
under the Jurisdiction of the Oovenunent of
the United States, either independently or in
conjunction with local officials.

Sec. 7. Each meml>er of the Board shall
receive the sum of $50 for each day or part
thereof spent in the performance of his offi-
cial duties. The Board shall appoint and fix
the rate of compensation of such other em-
ployees as It may from tinoe to time find
necessary for the proper performance of Its
duties. All of the expenses of the Board.
Including all necessary travel and subsist-
ence expenses incurred by the members or
employees of the Board under its orders,
shall be paid out of appropriations therefor,
and there ts hereby authorized to t>e appro-
priated to the Board in each presidential
election year not to exceed the sum of $10
million to carry out the pxuixtsee of this Act.

Mr. E^EATINO subsequently said: Mr.
Presi(ient. with the approval of the Sen-
ator from Montana [Mr. Mansfield], the
able majority leader, I ask unanimous
consent that my name may be added as
a cosponsor of the joint resolution (S.J.
Res. 23) proposing an amendment to the
Constitution of the United States re-
lating to term of office of President and
Vice President, and providing for elec-
tion of candidates for President and

Vice President by popular vote, intro-
duced by him earlier today.

The PRESIDING OPPICER. Without
objection, it Is so ordered.

LIMrnNO THE TRAVEL OF
COMMUNISTS

Mr. WILEY. Ifr. President. I intro-
duce, for appropriate reference, a bill,
siwnsored by myself and by the Senator
from Utah [Mr. BennittI, which would
give to the Secretary of State the power
to withhold pa.ssports from persons who
seek to travel abroad to further the
international Communist conspiracy.

I have noticed with considerable con-
cern recent statements by the Director
of the Federal Bureau of Investigation,
and others, that the Communist Party
is revitalizing its internal structure; that
the party apparatus Is being strength-
ened; that recruiting campainis are
underway.

We have known for some time that a
major objective of the Communist Party
is the complete and utter destruction of
our security system. Recently, the party
has been particularly active in its assault
on the State Department's passport pro-
gram.

On June 16. 1958, the Supreme Court
held by a 5-to-4 opinion in the Kent-
Brlehl and Dayton cases that the Secre-
tary of State did not have authority to
deny passports even when he had evi-
dence that the persons concerned were
going abroad knowingly and willfully to
advance the Communist movement. I
propose to give the Secretary of State the
legislative authority the Supreme Court
found lacking.

I believe It is absolutely essential that
the Congress enact leglslatltm authoriz-
ing the Secretary of State to 6aij pass-
ports to active proponents of the Com-
miuiist conspiracy. I do not feel that
"freedom to travel" is compromised in
any real cense by legislation necessary
for our national safety, any more than
freedom to drive a car down Main Street
is violated by a regulation keeping
from behind the wheel the blind or the
insane. The bill I am Introducing seeks
to strike a balance between the rights
of the individual and the requirements
of national safety necessary for the pro-
tection of the public interest.

The bill I am introducing today is
idenUcal with S. 2315 which I introduced
in the first session of the 86th Congress.
Unfortunately, no action was taken on
that bill. I feel it is very important that
we take action on this matter very soon.

This bill should not be misunderstood
as one seeking to reverse any holding of
the UJ5. Supreme Court. It merely
seeks to supply the statutory authority
the Court found lacking.

Representatives of the Department of
State have testified before committees of
this body, and have stated in public pro-
noimcements that the Communists have
been quick to take advantage of this
breach in our defenses. Communists are
flocking to the State Department to get
their passports while the getting Is good.
There is no longer any deterrent whatso-
ever to the free movement of Communist
agents and couriers to whatever country

1961

CONGRESSIONAL RECORD — SENATE

35S

their subversion might be most effective
in dismembering the free world.

Couriers are essential to carrying out
the international Commimlst conspiracy.
We do not allow Commimlst couriers to
enter this country. Why, then, should
we allow homegrown Communist cour-
iers to leave it and travel freely abroad?
We must give the Government the power
so It does not remain helpless to prevent
American Commimists, Including na-
tional leaders and officials of the Com-
munist Party of America, from going
abroad to conspire against the very
Government which must facilitate their
travel.

I request imanimous consent that the
bill lie on the table for a week to enable
other Senators who wish to do so to Join
in sponsoring this measure.

Mr. President, I ask unanimous consent
that the bill be printed at this point of
my remarks in the Recokd.

The PRESIDENT pro tempore. The
bill will be received and appropriately re-
ferred; and, without objection, the bill
will be printed in the Rxcoto.

The bill (S. 229) to provide for denial
of passports to supporters of the inter-
national Communist movement, for re-
view of passport denials, and for other
purposes, introduced by Mr. Wn.ET (for
himself and Mr. Bennett) , was received,
read twlee by its title, rrferred to the
Committee on Foreign Relations, and or-
dered to be printed in the Record, as
follows:

Re it enacted by the Senate and Bouse of
Representatives of the United States of
America in Congress assembled.

rrruc i — okvial or PAssrorrs to STTTToams

OP TKB OIRtNATIOHAX, COmcmflR' MOVB-

SscTxoir 1. The Congress finds that the
intsmatlonal CkMXununist movement of
which the Ck)mmunist Party of the United
Statss of America is an integral part, seeks
everywhere to thwart United SUtes policy.
to Influence foreign governments and peo-
ples against the United States, and by every
mens. Including force and violence, to
weaken the United States and ultimately to
bring it under Conunuulst domination; that
the activities of the International Commu-
nist movement constitute a clear, present,
and continuing danger to the security of the
United States, and seriously impair the con-
duct of the foreign relations of the United
States: the travel by couriers and agents is
a major and essential means by which the in-
ternational Conununist movement is pro-
moted and directed: that a United States
passport requests other countries not only
to permit the holder to pass freely and safely
but also to give aU lawful aid and protec-
tion to the holder and thereby facilitates
the travel of such holder to and in foreign
countries: and that in view of the history of
the use of United States passports by sup-
porters of the international Communist
movement to further the purposes of that
movement, the issuance of a passport to, or
Uie possession of a passixirt by, persons de-
scrlt>ed In section 2 is inimical to the secu-
rity and to the conduct of foreign relations
of the United States and therefore passports
should not be issued to or held by such
persons.

Sec. 3. (a) In accordance with the find-
ings in section 1, the Secretary of State Is
authorized to refuse to Issue a passport, or
to revoke a passport already issued, to any
person as to whom it is determined on sub-
stantial grounds that he knowingly engages
In activities for the purpose of furthering

the international Communist movement,
unless such person demonstrates to the Sec-
retary, by clear and convincing evidence, tliat
his activities abroad would liot further the
purposes of such movement.

(b) The Secretary shaU consider as evi-
dence of activities in furtherance of the in-
ternational Communist movement, within
the meaning of sutMection (a) —

(1) present membership In the Communist
Party or farmer membership terminated un-
der circumstances which reasonably warrant
the conclusion that the person continues to
act knowingly in furtherance of the inter-
ests and under the discipline of the Conunu-
nist Party;

(U) activities under circiunstances which
reasonably warrant the conclusion that a
person, regardless of the formal state of his
affiliation with the Communist Party, Is
knowingly acting under the discipline of the
Communist Party, or as a result of the di-
rection, dominati<m, or control exercised
over him by tiie International Communist
movement:

(iU) other facta which reasonably warrant
the conclusion that the person is going or
staying abroad to conduct activities for the
piupoee of furthering the interest of tlw
International Communist movement.

Sec. 3. The Secretary of State may require,
as a prerequisite to the Issiunce, renewal or
extension of a passport that the apiAieant
subscribe to and submit a written statenxent
duly verified by his oath or afBrmation as to
whether he Is or has been within ten years
prior to filing hts application a member of
the Communist Party.

Sec. 4. The provisions of this title shaU
eontlntie In effect tmtU the termlnatioa of
the national etrergency established by
Presidential Proclamation Numl>ered 2014,
December 16, 1050 (64 Stat. A 454).

TrrLX II PBOCEDUEZ FOB PASSPORT DENIAL AND

Sec. 5. Upon application therefor, duly
completed, and upon compliance with any
requirement under the provisions of section
3 of title I of this Act. a passport shall be
issued to any person qualified under section
212 of title 22 of the United States Code (32
Stat. 386), or the applicant shall be in-
formed in writing of a denial thereof, within
ninety days after the receipt of such appli-
cation. If a passport is denied, revoked, or
restricted for any reason other than noncitl-
zenshlp or geographic restrictions of gen-
eral applicability, the passport applicant or
holder shall be Informed In writing of the
reason, as Bp>eclfically as is consistent with
considerations of national security and tar-
eign relations, and of the right to a hearing
before the Passport Hearing Board in ac-
cordance with the provisions of this title.
Notice of the denial or revocation of a pass-
port under the terms of title I of this Act
shall specify the paragraph or paragraphs of
section 2(b) of title I on the basis of which
the passport is denied or revoked.

Sec. 6. There shall be established within
the Department of State a Passport Hearing
Board consisting of three officers of the De-
partment to be designated by the Secretary
of State. This Board sliaU have Jurisdiction
In all cases wherein a hearing is requested in
writing within thirty dajrs after notification
of the denial, revocation, or restriction of a
passport, for any reason other than noncitl-
zenshlp or geographical restrictions of gen-
eral applicability. The Board shall hold a
hearing within ninety days after the receipt
of the request xmless such time limit is ex-
tended at the request of the party. The offi-
cers who preeent the case of the Department
of State to the Board sbaU not otherwise
jtarticipate in the deUberatlcms or recom-
mendations of the Board.

Sac. 7. (a) The Secretary shaU establish
and make public rules which shall accord

to the individual In proceedings before the
Board the following righte:

(1) To appear in person and to be repre-
sented by cotuuel;

(2) To testify in his own behalf, present
witnesses, and offer other evidence;

(3) To cross-examine witnesses appearing
against him at any hearing at which he or
his counsel is present and to examine all
otlier evidence which is made a part of the
open record:

(4) To examine a copy of the transcript of
the open proceedings or to be furnished a
copy upon request.

(b) In order to protect infcvmatlon,
sources of Information, and investigative
methods, disclosure of «^lch would have a
substantially adverse effect upon the na-
tional security or the conduct of foreign rela-
tl<»is, the Board may at any time consider
oral or documentary evidence without mak-
ing such evidence part of the open record.
Prior to completion of ita proceedings, the
Board shall furnish to the Indlvldtial a
r6sum6 of airx, such evidence, and shall cer-
tify that it is a fair rteum^. The Board sliall
take into consideration the individual's in-
ability to challenge information of which he
has not been advised in full or in detaU or
to attack the credibility of sources which
have not been disclosed to him.

Sbc. 8. Within sixty da3rs after completion
cX Ita proceedings, the Board shall make
written findings, conclusions, and recom-
mendations, which shall be transmitted with
the entire record to the Secretary of State
who shall make the final administrative de-
termination. If the recommendation of the
Board is adverse to the individual, a c<^y of
the reoonunendation and of the fiiMllngs and
concliisions which are based upon the open
record or upon the rteum^ of any evidence
not made part of the open record, shall be
furnlslied the individual, who may within
twenty days following the receipt thereof
submit to the Secretary written objections
thereto. The Secretary shall base his deter-
mination upon the entire record submitted
to him by the Board, including aU findings
and conclusions, and upon any objections
submitted by tlie individual. In appropriate
cases, the Secretary may remand a case to
the Board for further proceedings. In the
event he takes action adverse to the indi-
vidual, the Secretary shall make appropriate
written findings and conclusions.

Sbc. 9. The United States District Court
for the District of Columbia stiall have Juris-
diction to review any final determination
of the Secretary of State under section 8 oC
this Act to determine whether there has been
compliance with the provisions of this Act
and of any regulations issued thereunder.
In any such proceedings the court shall have
power to determine whether any findings
which are stated to be based upon the open
record are s\ipported by substantial evidence
contained in that record, or, in the case of a
r^sumi of evidence which was not made part
of the open record in conformity with sec-
tion 7(b) of this Act, are supported by the
rts\mi6 of such evidence, duly certified by
the Board under said section 7(b).

Sbc. 10. The provisions of the Administra-
tive Procedure Act, as amended (6 US.C, ch.
10), shall not apply to proceedings under
this title.

TZTI.X m — ascTTumoNs

Sec. U. The Secretary of State is author-
ized to prescribe regulations to carry out the
provisions of this Act.

TTTLB IV— «BPAaABnjrT

Sbc. 12. If any provision of this Act Is heM
InTBlld. the remaining provisions shaU not
be affected.

TTTLS V — KFTBCnVB DATB

Sbc. 13. This Act shall take effect imme-
diately uiK>n Ita enactment.

cvn-

-33

354

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

355

II

♦

%

CONSTRUCTION OP OARRISON
DIVERBION UNIT, NORTH DA-
KOTA

Mr. BURDICK. Mr. President, on be-
half of my colleague [Mr. Young] and
myself, I introduce, for appropriate ref-
erence, a bill to reauthorize the con-
struction of the Garrison diversion unit
In North Dakota. This project was
authorized by the 1944 Flood Control
Act, as a part of the Missouri River
Basin development. Although over
half a million acres of North Dakota land
have been taken for reservoir purposes
in carrying out the many objectives of
the 1944 act, no appropriation was ever
made by the Congress for the Garrison
diversion unit. Because of the lapse
of time and changes in engineering in
the project, this reauthorization is
sought.

This project would divert water from
the Garrison reservoir for various pur-
poses, Including irrigation and munici-
pal water supply. It would be in keep-
ing with the overall development of the
Missouri River.

Mr. President, I ask unanimous con-
sent that the text of this legislative pro-
posal be printed at the conclusion of
these remarks.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred: and, without objection, the
text of the bill will be printed in the
Rkcoko.

The bill (8. 230) to make certain pro-
visions in connection with the construc-
tion of the Garrison diversion unit,
Missouri River Basin project, by the Sec-
retary of the Interior, introduced by Mr.
BuRDicK (for himself and Mr. Young of
North Dakota) , was received, read twice
by its title, referred to the CMnmlttee
on Interior and Insular Affairs, and
ordered to be printed in ttxe Record, as
follows :

Be it enacted by the Senate and House of
Representatives of the United States of Amer-
ica in Congress assembled, That the general
plan for the Mlssourl-So\iria unit of the
Missouri River Basin project, heretofore au-
thorized in section 9 of the Flood Ck>ntroI
Act of December 22, 1944 (58 Stat. 887), as
modified by the report of the Secretary of
the Interior contained in House Document
Niimbered 325, Eighty-sixth Congress, second
session, is confirmed and approved under the
designation "Garrison diversion unit," and
the construction of works recommended
therein by the Secretary shall be prosecuted
by the Department of the Interior substan-
tially in accordance with sucb modified gen-
eral plan.

Sxc. 2. In connection with the carry-
ing out of the plan for the Garrison diver-
sion unit, the Secretary Is authorized to make
provision for the conservation and develop-
ment of the fish and wildlife resources of the
area in accordance with the authorities and
proced\ires of the Pish and Wildlife Coordina-
tion Act (48 Stat. 401. as amended: 16 U.S.C.
601. and the following) .

The Secretary Is authorised to construct
recreational facilities essentially as described
in aforesaid House Document Numbered 325,
«nd to withdraw or acquire by such means
am he oonslders in the public interest addi-
tional lands required therefor if the State
of North Dakota, or a political subdivision
thereof, or a public entity agrees to operate
and maintain such recreational facilities for

a period of at least twenty years. After
twenty years of State or local operation and
maintenance, the Secretary is authorized to
convey to the State, or to a political subdivi-
sion thereof, or to a public entity, without
monetary consideration, the recreation facili-
ties, including land therefor, to be used, op-
erated and maintained by the State, or politi-
cal subdivision, or public entity exclusively
for public use purposes. Except for works
and areas which will be administered by an
agency of the Department of the Interior,
provision of specific facilities for these pxir-
poses shall not be undertaken by the Secre-
tary until suitable agreements have been
made with State or local Rgencles respecting,
among other things, administration and the
bearing or sharing of appropriate operation
and maintenance costs. Appropriate shares
of the Federal costs of constructing, operat-
ing, and maintaining the Garrison diversion
unit shall be allocated to the purposes spec-
ified in this section and shall be nonreim-
bursable and nonreturnable as are certain
other purposes of the project under the Fed-
eral reclamation laws (Act of June 17, 1902,
32 Stat. 388, and Acts amendatory thereof
and supplementary thereto).

Sbc. 3. Notwithstanding the existence
of any reservation of right-of-way for canals
under the Act of Augtist SO, 1890 (26 SUt.
371. 39i, 48 U.S.C. 946). the Secretary is au-
thorized to pay Just compensation to the
owners of private lands west of the one-hun-
dredth meridian, for all lands or interest in
lands required for right-of-way purposes for
the Garrison diversion unit.

Skc. 4. The Garrison diversion unit shall
be Integrated physically and financially
with the other Federal works constructed or
authorized to be constructed under the com-
prehensive plan approved by section 9 of the
Act of December 22, 1944. as amended and
supplemented. The Secretary shall give con-
sideration to returning to the Missouri River
to the fullest extent practicable such of the
return flows as are not required for beneficial
purposes.

THE RESOURCES AND CONSERVA-
TION ACT OP 1961

Mr. ENGLE. Mr. President, I wish to
offer a bill to be known as the Re-
sources and Conservation Act of 1961.
I have the honor to include as cospon-
sors of this legislation 30 of my distin-
guished colleagues from both sides of the
aisle. They are Senators Bartlett,
Bible. Burdick, Byrd of West Virginia,
Cannon, Carroll, Case of South Dakota.
Chavez, Church, Cooper, Gruening,
Hart, Humphrey, Jackson. Kefauver,
Long of Hawaii, Long of Missouri, Mag-
nuson. McCarthy, Metcalf, Moss,
Morse, Neuberger. Randolph, Spark-
man, Symington, Williams of New Jer-
sey, Yarborough. Young of North Da-
kota, and Young of Ohio.

It long has been my conviction that we
need to work out a declaration of na-
tional policy on this matter in the Con-
gress. And I feel strongly that our nat-
ural resources programs need better co-
ordination at a high executive level.
That Is why I was especially Interested in
the last Congress in Senator Murray's
bill, S. 2549, of which I was a cosponsor.
The bill that I offer today with the sup-
port of so many colleagues has the same
basic objectives as the Murray bill.

This legislation offers a declaration of
national policy on resources conservation
and utilization, and pnH>ose8 to establish
effective coordinating mechanism in the
]E^ecutlve Office of the President in the

form of a permanent Council of Re-
sources and Conservation Advisers.

This proposal is in line with the nat-
ural resources plank of the 1961 Demo-
cratic platform. It also is in line with
repeated declarations of policy by Sena-
tor Kennedy during the campaign.

I think the words of President-elect
Kennedy best describe the objectives of
my bill. At the Western Water and
Power Consumers Conference at Billings.
Mont., in September, Senator Kennedy
said:

As our needs mount and as population
grows, it will become increasingly essential
that we consider all our resources in the
light of their relationship to each other —
as well as to the economy as a whole, and
the needs of our people. That is why I sup-
port efforts to establUh a Council of Re-
sources and Conservation Advisers in the
Office of the President — a council which will
engage in overall resource planning and
policy — which will assess our national
needs — and reconunend national programs to
meet them. With such a council, working
in cooperation with a joint congressional
committee, we can have a continuous ap-
praisal of our resource needs, and up-to-d»t«
inventory of our resource potential, and a re-
source development program which can be
shaped to fit all the needs of a growing
economy and an expanding population.

It is with a feeling of honor and a deep
sense of responsibility that I propose the
Resources and Conservation Act of 1961.
I ask, Mr. President, that it be held at
the desk for a week for the addition of
the names of other Senators who may
wish to Join in sponsoring this legisla-
tion.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the bill
will be printed in the Record; and, with-
out objection, the bill will lie on the desk,
as requested by the Senator from Cali-
fornia.

The bill (S. 239) to declare a national
policy on conservation, development, and
utilization of natural resovu-ces, and for
other purposes, introduced by Mr. Enqli
(for himself and other Senators), was
received, read twice by its title, referred
to the Conunittee on Interior and Insular
Affairs, and ordered to be printed in the
Record, as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,

SHOrr TTTLX

Section 1. This Act may be cited m« the
"Resources and Conservation Act of 1961."

DECLARATION OF POLICT

Sbc. a. The Congress hereby declares that
it is the continuing policy and responsibility
of the Federal Govemraent. with the assist-
ance and cooperation of Industry, agricul-
ture, labor, conservationists, Stat« and local
governments, and private property owners, to
use all practicable means including coordina-
tion and utilization of all Its plans, func-
tions, and facilities, for the piuT>ose of creat-
ing and maintaining. In a manner calculated
to foster and promote the general welfare,
conditions under which there will be con-
servation, development, and utilization of
the natural resources of the Nation to meet
human, economic, and national defense re-
quirements, including recreational, wildlife,
scenic, and scientific values and the enhance-
ment of the national heritage for futur*
generations.

AN* coNsnvsnoN tsPosT or tub
razsnnarr
Sac. 9. (a) The PrasUleait ahall transzolt to
the Congress not later than January 20
of each year (commencing with th« jtmx fol-
lowing enactment of this Act) a eonaerra-
tlon report (hereinjif tor called the "BeBOurees
and Conservation Report") setting forth (1)
the cozxllUon of the soil, water, atr, forest,
graslng. mineral, wildlife, recreational, and
other natural resources 'vltb particular ref-
erence to attainment of multiple purpose
use; (2) current and fore»eeable trends In
management and utllbsatlon of the afore-
said natural resources; (3) the adequacy of
available natural resources for fulfilling
human and economic requirements of the
Nation: (4) a review of the conservation pro-
grams and activities of the Federal Govern-
ment, the State and local governments, and
nongovernmental entities and individuals
with particular reference to their effect on
full conservation, development, and utilisa-
tion of natural resources; (6) a program for
carrying out the policy declared in socUon 2,
together with such recommendations for
legislation as he vnnj deem necessary or
desirable.

(b) The President may transmit from
time to time to the Congress reports supple-
mentary to the Resources and Oonservation
Report, each of which shall include sQch sup-
plementary or revised recommendations as he
may deem nofiMsirr ot desirable to achieve
the policy declared in section 2.

(c) The Resources and ConsMratlon Re-
pcnrX, and all supplementary reports trans*
mlUed undsr subsection (b), shall, whsn
traasmltted to Congress, be referred to the
JiHnteoDunlttee created by sectloQ 6.

vuvmca, or

OOWSCBVATIOK
TO TBX PSSSIDEIfT

Sac. 4. (a) There Is hereby created in the
executive Office of th» President a Resources
and ConsMTstion Council (hereinafter called
the "Council"). The CouncU shall be com-
posed of three members who shall be ap-
pointed by the President, by and with the ad-
vice and oonaent of the Senate, and each of
Whom Shall be a person vbo. as a result of his
training, experience, and attainments. Is ex-
csptlonaUy qtiallfled to analyse and interpret
natural rssource policy, to appraise programs
and acUrlUss of the Government in the light
of tbe policy declared In section 2. and to
formulate and recommend national resource
policy to promote conservation, development,
and utilisation of natural resources. Kach
member of the Council sliall receive compen-
sation at the rate of $ per annum. The
President shall designate one ot tbe mem-
bers of the Council as Cl'ialrman and ocm as
Vice Chairman, who atuM act as Chairman
in the absence of the Chairman.

(b) The Council is authorized to employ,
and fix the compensation of an executive
oOoer and such staff ssslstants and other
experts as may be necesMry for the csrrylng
out of Its functions under this Act. without
regard to the ctvU servics laws and the Clas-
sification Act of 1923, as amended, and Is
authorized, subject to the civil service laws,
to employ such other ofSoers and employees
as may be necessary for carrying out its func-
Uons uiHler this Act, and fix their compensa-
tion in aooordance with the Classlflcatlou Act
of 1933. as amended.

(c) It shall be the duty and function of
the Council —

(1) to assist and advise the president In
the preparation of the Resources and Con-
•ervation. Report:

(2) to gather timely and authorltaUve in-
fonnatlon concerning natural resource oon-
servation and development trends, both cur-
rent and prospective, to analyse and Inter-
pret such infenaatloa In the light of the
policy declared la seetloa 9 for the purpose
of determlidBC wtoeitotr such developoMht
and trends are Interfering, or are likely to
Interfere, with the achievement of suA

policy, and to compile and submit to the
President studies relatinc to such develop-
ments aiMl trends:

(3) to appraise the various programs and
activities of the Federal Government in the
light of the policy declared In section 2 for
the purpose of determining the extent to
which such programs and activities are con-
tributing, and the extent to which they are
not contributing, to the achievement of such
policy, and to make recommendations to the
President with respect thereto:

(4) to develc^ and recommend to the
President national policies to foster and pro-
mote conservation, development, and utUl-
satton of the natriral resources of the Na-
Uon to meet human and economic require-
ments, including recreational, wildlife, and
scenic values.

(5) to make and furnish such studies, re-
ports thereon, and recommendations with
respect to matters of Federal resource policy
and legislation as the President may request.

(d) The Oouim:11 shall make an annual
repHirt to the President in December of each
year.

(e) In exercising its powers, functions, and
duties under this Act —

(1) the Coiucil may constitute such ad-
visory committees and may consult with
such representatives of Industry, agrlcultiare,
labor, oonservatlouists. State and local gov-
ernments, and other groups, as it deems ad-
visable;

(2) the Council shall, to the fullest extent
possible, utilize the services, faculties, and
Information (Including statistical Informa-
tion) of other Government agencies as well
as of private research agencies, in order tliat
dupUeation of effort and expense may be
avoided.

(f) To enable the Council to exercise its
powers, functions, and duties under this
Act. there are authorized to be appropriated
(except for the salaries of the members and
the salaries of officers said employees of the
CouncU) such sums as may be necessary.
For the salaries of the members and the sal-
aries of officers and employees of the Coun-
cil, there is authorized to be appropriated
not exceeding $ In the aggregate for
each fiscal year.

jonuT coaucRTcs on kxsourcks aico comsrs-

VATIOM

Sec. 6. (a) There is hereby established a
Joint Committee on Resoxu-ces and Conserva-
tion, to be composed of eight Members of the
Senate, to be appointed by the President of
the Senate, and eight llembers of the House
of Representatives, to be sppointed by the
Speaker of the House of Representatives.
The party representation on the joint com-
mittee shall as nearly as may be feasible
reflect the relative membership of the ma-
jority and minority parties In the Sennte
and House of RepresentaUves.

(b) It shall be the function of the Joint
committee —

(1 ) to make a continuing study of matters
relating to the Resources and Conservation
Report:

(2) to study means of coordinating pro-
grams In ordex to further the poUcy of this
Act: and

(S) as a guide to the several committees
of the Congress dealing with legislation re-
lating to the Resources and Oooservatlon Re-
port, not later than May 1 of each year (be-
ginning with the y*ur foUowlng the enact-
ment of thU Act) to file a report with Uie
Senate and the Hoiise of Representatives
containing Its findings and recommenda-
ttons with respect to each of the main rec-
ommendatloBS made by the President tn %he
Bsaources and Oonservatloa Report, and
from time to time to make such other re-
ports and rocomntMidsNfTnt to the Senate
and House of Representatives as it deems
advisable.

(o) Vacandw In the membership of the
Joint committee shall not affect the power

of the remaining members to execute the

functions ot the Joint cocnmittee. and shaU
be filled in the same manner as in the case
of the original selection. The joint oc»n-
mittee shall select a chalrm&n and a vice
chairman from among Its members.

(d) The Joint committee, or any duly au-
thorized subcommittee thereof, is authorized
to hold such hearings as it deems advisable,
and, within the limitations of its appropria-
tlons, the Joint conunittee Is empowered to
appoint and fix the compenEation ot such
experts, consultants, technicians, and cleri-
cal and stenographic assistants, to procure
such printing and binding, and to make such
expenditures, as It deems necessary and ad-
visable. The cost of stenographic services to
report hearings of the Joint committee, or
any subcommittee thereof, shall not exceed
twenty-five cents per hundred words. The
joint committee is authorized to utUize the
services, information, and facilities of the
departments and establishments of the Gov-
ernment, and also of private research
agencies.

(e) There Is hereby authorised to be appro-
priated for each fiscal year, the sum of
$ . or so much thereof as may be necss
sary. to carry out the provisions ot this
section, to be disbursed by the Secretary of
the Senate on vouchers signed by the chair-
man or vice chairman.

AGE DISCRIMINATION BARRED

Mrs. NEUBERGER. Mr. President, I
introduce today, for appropriate refer-
ence, a bill to prohibit discrimination
because of age in the hiilng and employ-
ment of persons by Government contrac-
tors.

I introduce this measure, Mr. Presi-
dent, because unless we have leadership
from the Congress with relation to the
hiring practice of Government contrac-
tors, this cruel and wasteful practice
will continue unabated.

This practice is cruel because all arbi-
trary discrlminati<Hi is cruel. And It is
arbitrary to judge any group of pewle
by a single attribute, be it age, race, sex,
religion, or country of origin.

The wastefulness of discrimination
because of age has been well documented
by the report prepared by the senior
Senator from Michigan, the chairman
of the Subcommittee on Problems of the
Aged and Aging. In his report. Senator
McNamasa Indicates the fallacy of the
productivity argument frequently used
against older workers. He also points
out that the safety and absenteeism rec-
ord of older workers is the same as for
younger employees, while the turnover
and discharge rates are even lower.

A further waste is the failure to use
the skills azKl experience oi older work-
era. No real price can ever be placed on
skill and exjjerience. Those qualities of
maturity and judgment that cider work-
ers have are irreplacable, and as our
technology and means of production be-
come ever more c<Knplex. these quali-
ties become increasingly valuable.

The Department of Labor has devel-
oped data to show that discrimination
against older workers is jjersistent, wide-
spread, and irr^evant The economy
loses billions of dollars annnaWy in pro-
doetivlty. There is no measure for the
suffering and humiliation of those thou-
sands classed under the hewing "Per-
sonn^ Obsolete."

356

CONGRESSIONAL RECORD — SENATE

Jantuiry 9

Congress has already taken action in
this field. The Yates amendment pro-
hibits the Imposition of age restrictions
as a qualiflcation for direct employment
with the Federal Government. My bill
would extend, in essence, this valuable
policy to Government contractors. With
the Federal Government as the Nation's
largest customer, we will be taking an
Important step forward to end this im-
Just practice.

I am introducing this bill for myself
and my colleagues. Senators Morse, Ke-
FAUvra, HuMPHRET, Yarborough, and
Proxmirb.

I ask unanimous consent that the bill
be printed in the Record.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the bill
will be printed in the Record.

The bill (S. 243) to prohibit discrimi-
nation because of age in the hiring and
employment of persons by Government
contractors, introduced by Mrs. Neu-
BKRGKR (for herself and other Senators),
was received , read twice by its title, re-
ferred to the Committee on Labor and
Public Welfare, and ordered to be printed
in the Record, as follows:

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That the
first aection of the Act entitled "An Act to
provide conditions for the purchase of sup-
pUe8 and the making of contracts by the
nnlt«d States, and for other purposes." ap-
proved June 80, 1936, as amended (41 VS.C.
3&-45), Is amended (1) by striking out "and"
following the semicolon in subsection (d),
(2) by striking out the period at the end of
subsection (e) and Inserting in lieu thereof
"and", and (3) by adding at the end thereof
a new subsection as follows :

"(f) That the contractor will not expressly
or in practice Impose any requirement ot
limitation of maximum age with respect to
the hiring or employment of persons, except
such requirements or limitations. In accord-
ance with regulations prescribed by the Sec-
retary of Labor, relating to specific Jobs or
types of employment as are reasonably de-
signed to protect older workers from tasks
which they could not ordinarily because of
their age be expected to perform safely or
efficiently."

FREE IMPORTATION OP ELEC-
TRONIC MICROSCOPE FOR USE OF
WADLEY RESEARCH INSTITUTE.
TEXAS

Mr. YARBOROUGH. Mr. President.
I introduce for appropriate reference a
bill authorizing the free importation of
an electronic miscroscope for the use of
the Wadley Research Institute of Dallas.
Tex. This institute is a nonprofit re-
search organization cari-ylng out signifi-
cant work on the causes and cures of
leukemia and other diseases. The insti-
tute presently owns an electronic micro-
scope, but new research needs are re-
quiring it to attempt to secure a much
more powerful machine, available only
abroad.

Mr. J. C. Robbins, Jr., of Longview,
Tex., a public spirited citizen, is engaged
in raising the money for the purchase of
the machine in view of the possible
significance of the humanitarian results
which can flow from the use of the new
machine by the Wadley Research Insti-

tute. The cost is about $40,000, and
about $20,000 has already been raised.

I introduce the bill to aid in the ac-
quisition by allowing the duty free Im-
portation of the microscope, which can
be obtained only in Holland. Unless the
cost can be held at a minimum, it is pos-
sible the research institute may have to
forego purchase of the machine. The
research institute has been on the wait-
ing list for about 3 years.

The Wadley Institute is located adja-
cent to the famous Baylor Hospital in
Dallas. Tex., and was established through
the generosity of J. K. and Suzie L. Wad-
ley, of Texarkana. Tex.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred.

The bill (S. 244) to provide for the free
entry of an electronic microscope for the
use of Wadley Research Institute of
Dallas. Tex., introduced by Mr. Yarbor-
ouGH, was received, read twice by its
title, and referred to the Committee on
Finance.

LIMITATION OF SIZE AND WEIGHT
ON FOURTH-CLASS MAIL MATTER
TO OR FROM ALASKA AND HA-
WAII

Mr. LONG of Hawaii. Mr. President,
I introduce, for appropriate reference,
a bill to restore the size and weight
limitations on parcel post packages
mailed to or from Hawaii and Alaska, as
those limits existed prior to statehood.
As territories, residents of what are
now the 49th and 50th States could send
packages through first-class post offices
up to 100 inches in length and girth, and
weighing up to 70 j>ounds. However,
statehood brought both Hawaii and
Alaska under the tighter limitations
which apply to the States of the main-
land. These are 72 inches and 20
pounds for flrst-class post ofRces, as in
Honolulu.

Obviously, the needs of Alaska and
Hawaii for more adequate parcel post
shipments are related to their geograph-
ical positions, and not to their status as
territories or States. Until bridges with
a span of more than 2,000 miles can be
constructed, we in Hawaii cannot enjoy
railroad or truck service from the main-
land. Such service to Alaska across the
wide open spaces of western Canada is
severely limited. Both States need the
broader parcel post limits. Enacting
them would do no economic harm to the
public carriers.

A measure identical to this now of-
fered was passed by the Senate at the
last session. I hope that we will again
pass it at this session. In time for favor-
able consideration by the House.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred.

The bill (S. 248) to restore the size and
weight limitations on fourth-class mat-
ter mailed to or from Alaska and Ha-
waii which existed prior to their admis-
sion as States, introduced by Mr. Long
of Hawaii (for himself and other Sen-
ators), was received, read twice by Its
title, and referred to the Commitee on
Post Office and Civil Service.

AMENDMENT OP FAIR LABOR
STANDARDS ACT OF 1938. RELAT-
ING TO MINIMUM WAGE
Mr. DIRKSEN. Mr. President, I intro-
duce, for appropriate reference, a bill to
increase the minimum wage. I do so
with some misgivings, because I am
rather fearful of the impact of such an
increase upon the economy at a time
when there are. admittedly, soft spots in
the economy. I am one of the first, very
candidly, to concede that fact.

I think, from the studies of the Secre-
tary of Labor heretofore, when the min-
imum wage question was raised. It was
expressed in terms of a further diminu-
tion in the number of available jobs. I
think the last time It accounted for.
probably, a loss of some 40.000 Jobs.
That accounts for my misgivings.

The House passed a minimum wage
bill which included extended coverage,
and so did the Senate. The matter was
before the Committee on Labor and Pub-
lic Welfare for a long time. I sat in the
conference on the question, and we could
come to no resolution of the question.
In the bills which were then pending—
the Senate bill particularly— were a
number of what I regarded as highly
offensive proposals. They would have
modified — in fact, completely nullified —
the commerce clause of the Constitution
of the United States, and would have
stretched the long hand of the Federal
Government over almost every business,
large and small, whether retail or whole-
sale, and whether enpaged in Interstate
commerce or intrastate commerce.

We provided, however, one of those in-
teresting gimmicks that we frequently
encounter; that is, having taken Juris-
diction of the whole business, we then
provided some cutoffs. We said the
law does not apply to retail business if
the volume is less than $1 million a year;
it does not apply to laundries and clean-
ing plants if the business gross is less
than $250,000 a year. However, the fact
is that the jurisdiction of the Federal
Government was established over busi-
nesses which have no interstate charac-
ter, and any subsequent Congrress can
then lower the ante from $1 million to
$500,000. to $250,000. and finally sponge
it altogether. Then there will be com-
plete Jurisdiction over every field of busi-
ness activity in the country, whether
Interstate or intrastate, which will make
the Federal Government the sole master
in that field. That is a little too much
for my rather rural soul to accept. I
was brought up as one who had a great
devotion to the Constitution of the
United States. And in the absence of
highly persuasive data to the contrary,
I intend to continue that devotion.

So. Mr. President, the bill I have intro-
duced today, together with a statement
and a report in the nature of an eco-
nomic analysis, which I asked the Board
of Economic Advisers to the President to
make, is a simple measure. It provides
for some additional coverage and it pro-
vides for a $1.10 wage, so the im-
pact will not be too great at an un-
seemly time: and, generally speaking. It
copies the format of the bill we passed In
1938, when I was a Member of the House

1961

GC»^GRESSIONAL RECORD — SEN ATE

357

of Representatives and partiioipAted In
the proceedings on that occaslcm.

So, Mr. President. I introduce the bill
and submit the statanoit and the re-
port, and ask unanimous consent that
they be printed in the Record.

The PRESIDENT pro tempore. The
bill will be received and appr(H>riately
referred; and, without objecticm, the bill,
statement, and report wil be printed in
the Record.

The bill (S. 256) amending the Fair
Labor Standards Act of 1938. as amend-
ed, introduced by Mi*. Dirxsxm, was re-
ceived, read twice by Its title, referred to
the Committee on Lalx)r and Public Wel-
fare, and ordered to be printed in the
Record, as follows :

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress asuembled. That this Act
may be cltad as the "Fair Labor Standards
Amendments of IMl".

Sac. a. Section 3(m) of the Fair Labor
Standards Act of 1938. as amended. Is
amended to read as follows:

"(m) 'Wages' paid to any employee in-
cludes tips and the coat to the employer ot
furnishing such empk>yee with board, lodg-
ing, or other facilities. If such board, lodging,
or other facilities are customarily furnished
by such employer to his employees: Provided,
That the Secretary is authorized to deter-
mine the fair value of such faelUtles and
tips based on average tip* and average cost
to employers similarly situated of furnish-
ing such faculties or other appropriate
measures of fair value and such determina-
tions shall be used In determining the wage
paid to any employee where adequate records
of the actual amount of tips received or
actual coat of furnishing such fadlitlea are
not available.

Skc. 8. Section 8 of auch Act la further
amended by adding at the end thereof the
following :

"(p) 'American vessel' includes any vessel
which 1« defined as a 'vessel of the United
States' In title 18. United States Code, section
9. or which is documented or numbered un-
der the lawa ot the United States or any
SUte.

"(q) 'Secretary' means the Secretary of
Labor, United States Department of Labor.

"(r) The terms in .sections 6. 7(a). and
ia(c) describing the employees to whom
these sections apply shall, without limiting
their present application, include any em-
ployee engaged or employed in the activities
of any enterprise having one hvmdred or
more employees and doing b\islness in com-
merce to a substantial extent except em-
ployees referred to In clauses (1), (6). (7).
(10), or (14) of section 13(a). For the
purpose of this Act —

"(1) 'Enterprise doing business In com-
merce to a substantld extent' means any
enterprise which puichases merchandise,
materials, or supplies that move directly
across State lines to its place or places of
business and have an aggregate annual dollar
value of 81.000,000 or more, as determined
by their aggregate dollar value for the pre-
ceding calendar or fiscul year, or in the case
of an enterprise in existence fen" less than
one year, by their aggregate dollar value for
the period of its existence.

"(2) 'Enterprise' shall mean the related
activities performed by any person or per-
sons for a common business purpose of
providing goods or ser\ices. <» the products
thereof, or a combination of them, to others,
and shall include all such activities whether
performed In one or more establishments or
by one or more corporate or other organ-
izational units.

"(3) An 'enterprise having one hundred
or more employees' shall mean an enterprise

having an average weekly employment of
ooe hundred or more employees as deter-
mined by the number of employees dxiring
the last preceding calendar or fiscal year or.
In the case of an enterprise In existence for
lass than one year, by the number of em-
ployees during the period of Its existence.

"(s) 'Restrictive work practices' include
f aUing or refusing to perform any work in an
efllclent and economical manner, and require-
ments that unnecessary work be performed
or unnecessary positions of employment
created or continued."

Skc. 4. Section e(a) of such Act, as
amended. Is amended —

(a) by striking the amoxmt "81" and in-
serting in lieu thereof the amount ai "81.10";
and

(b) by striking out the period at the end
ot paragraph (3) therein; inserting a semi-
colon in lieu thereof; and adding the follow-
ing new paragraph (4) :

"(4) if such employee is employed as a
seaman on an American vessel not less than
an amount which will provide wages equal
to compensation at the nUnimum hourly rate
prescribed by paragraph (1) of this subsec-
tion for all hours the employee was actually
on duty. Such hours shall not Include off-
duty periods which are provided pursuant to
the employment agreement or periods aboard
ship when the employee was not on watch
and was not. at the direction of a superior
officer, either performing other work or
standing by."

Sic. 5. Section 13 of such Act is amended
as follows:

(a) The portion of subsection (a) which
precedes the paragraph numbered (1) Is
amended to read as foUows:

"(a) The provisions of sections 6 and 7
shall not apply (except to the extent pro-
vided by section 8(r) ) with respect to".

(b) Clause 14 of subsection (a) Is amended
to read as follows:

"(14) any employee employed as a seaman
on a vessel other than an American vessel."

(c) Following subsection (f ) , the follow-
ing new subsection (g) is added:

"(g) Tlie provisions of sections 6 and 7
of this Act shall not apply to an employer
If any of his employees through collective
action (Including inaction) or any labor or-
ganization representing such employees or
officer or agent thereof directly or indirectly
engage in, urge, seek, or promote any
restrictive work practices."

The statement and report submitted
by Mr. Dirksen are as follows:

Minimum Wage Statement bt Sxnatok
DnucsKN

At this time I introduce for approiMlate
reference a bill to increase the minimum
wage.

I do this with some misgivings, because I
am fearful of the Impact which such an In-
crease In the minimum wage will have on
our economy at this time. This point has
been forcefully made by many authorities
in the financial field.

Be that as it may. I am persuaded to intro-
duce a bUl to raise the minimum wage at
this time, because I believe that assistance
should be given to those who receive the
mlnimimi wage. I therefore propose an in-
crease in the minimum wage to $1.10. This
is a moderate increase, not as much as some
would like and more than others think is
wise, but in this world we must seek to fol-
low the middle path and to compromise our
differences. While we mvist provide today
for the needs of those who live and work to-
day, we mxist not drain off the lifeblood of
ovu^ economy by Imposing a wage so high
that there are no funds left in ovu* economy
for growth to provide Jobs for those who are
bom today to live and work tomorrow. Per-
haps we must even sacrifice a little today to
make possible a better tomorrow. My good

colleagues across the aisle claim that the last
election was a mandate for sacrifice, and IX
this be 80. I offer them a bill especially
siUted to their taste.

The dangers of raising the mlnlnwm wage
are many. The cost of goods can get too
high. There is a limit to what people will
pay. When it Is reached, the wheels and
machines of industry stop turning and pink
slips take the place of weekly paychecks.

We cannot let this happen, but certain it
wUl be. if we let ourselves be carried away
on the gossamer wings of that rarefied idea
that the higher prices are, the more money
people must be ptEdd. This idea is as thin as
the air it floats on. Its facts and figures
spiral ever upward to the heavens, and we all
know that an economy based on cloud 9 way
out yonder Just will not work.

The bUl I now introduce tries to keep the
economy based right here on earth. It does
not offer pie in the sky, but more dollars in
the pocket. It was these dollars In the
pocket which Congress said wwe necessary
to maintain a minimum standard of living
necessary for the health, efficiency, and well-
being of wc»-kers when it passed the first
minimum wage bill In 1938, and the same
was true of the amendments which Increased
the minimum wage to 75 cents In 1949 and
to 81 In 1956. I ik}w proi>ose to increase it
10 percent, to 81-10. That increase Is greater
than the 7 ^-percent Increase given Oov-
ernment workers in the last session after
much consideration.

Because of the dangers of such an increase
it must be limited to those who receive the
minimum wage. They need it most. It must
not be an excuse for a splraling round of in-
fiatlon in which everyone gets a 10-i>ercent
Increase and eversrthlng goes up 10 percent.
The responsible people in our labor move-
ment must exert their energies to Insure that
this increase In the minimum wage Is not
used fc»- the purpose of increasing wages to
create or maintain a wage differential for
the benefit of those earning more than the
minimum wage. The purpose of this bill is
to increase the minimum wage, and the in-
crease should stop there.

Increasing wages Is not the only way wage
costs can spiral, however. Today wages are
being Inflated by the failure or refusal of
some groups to do a day's work for a day's
pay. This includes cutting down on the
work done in a day and also requiring the
creation or continuation of unnecessary Jobs.
I call this restrictive work practices, and
the bin provides that workers who coUec-
tlvely engage In such practices shall not
enjoy the benefits of the law. Those who
are not willing to work to the best of their
energy and ability should not benefit from
a wage-hour law at the expense of the con-
sumer who has to pay the cost of their
wages. In the time In which we are now
living, with all its complexities, stresses and
strains, and all of its costly armament, we
cannot forget the consvimer — the taxpayer
who pays the bill for it all. He, too, has an
Interest which must be protected.

What of the workers to be covered by this
Increased minlmxmi wage? Federal control
over wages and hours is based on the power
of the Federal Government to regulate
interstate conunerce. According to a bill
Introduced last session by my Democrat
coUeagues, they would like to expand the
concept of Interstate commerce to Include al-
most every business In every nook and cranny
of these United States except the mom and
pop store. They would like to include ac-
tivities affecting commerce. Not Just in
commerce, but affecting conunerce. I want
to emphasize that.

Some things should be beyond the reach
of the labyrlnthlan powers of the Federal
Govemnient. Local business Is one of them.
Over two decades of experience with the
original law have made it crystal clear that
the onerous burden of such a law falls on

358

the imie Mlow—*h9 maan employer who
may earn leas than hta wnployeea and must
inirn the mWnlght oil to Iteep a Taat mul-
titude of records for the Federal Govern-
ment. We must keep this In mind when we
are told that the coverage of the act must
be Increased. We have done ao In this bUl
by extending the coverage of the act only to
businesses having more than 100 employe*
a'ld doing business In commerce to a sub-
stantial extent. Thus, we have trtad to Im-
pose the burdens of the act where they can
be best borne.

This bUl. therefore, takes the middle road.
There are grave dangers In any Increase In
the minimum wage. There are aUo areas In
which there may be a valid need for an In-
crease The problem must be studied with
great care, so that what Is dome does good
rather than harm. In that study I trust that
this proposal will receive careful considera-
tion and that It will point the way to a solu-
tion (rf the problem.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

359

STATBMKMT Olf THS ECOKOMIC IMPACT OT TH«

Minimum Wags
One of the principal questions with which
this session of Congress will have to deal Is
what changes. If any. are to be made In the
Pair Labor Standards Act under which a $1
minimum wage requirement Is currently ap-
plicable to close to 25 million wage and
salary workers In private Indiistry.

The action taken by Congress on the mlnl-
mum wage will affect the welfare of several
million individuals with respect to the oppor-
tunities for employment that are open to
them as well as to the wages that they re-
ceive. It will also affect the welfare of many
thousands of businesses, especially small
businesses, and, it U safe to say. will affect
the economic health of our Nation as a
whole. It Is of the utmost Importance, there-
fore, that action be taken only after a
thorough and deliberate evaluation of the
probable Impact on Jobs and on wages of the
various proposals for increases in the mlnl-
minn permissible wage and extensions of
coverage that will be made.

A good deal can be learned about the prob-
able effect of an Increase In the minimum
wage at this time from the economic Impact
of the Increase from 75 cents to $1 on
March 1. l»5fl. At that time, about 2.1 mil-
lion of the 24 million workers then covered
by the act were being paid less than $1 an
hour. Most of these 2.1 million workers re-
ceived an Increase In their wages as a re-
sult of the act, as did many workers whose
pay waa already above the minimum re-
quirement. But a large numlier of workers
did not benefit from the higher minimum
wage; on the contrary, they lost their Jobe.
Evidence presented in the report submitted
to the Congress by the Secretary of Labor
In February 1960, in accordance with the
requirements of section 4(d) of the Fair La-
bor standards Act, shows that the 195<J In-
crease In the minimum wage had a seriously
adverse effect on employment in many in-
dustries.

In 12 of the Industries In which special
studies were made by the Department of La-
bor. It was found that employment fell by
nearly 10 percent from 1955 to 1957. These
12 Industries employed a sizable percentage —
more than 10 percent — of the workers paid
less than $1 In 1966; their total employment
was 400,000 and the decline in Jobs reached
37,000. The largest employment declines oc-
curred in the South, notably among sawmills,
tobacco stemming and redrylng plants, and
in mills for the production of seamless
hosiery and wooden containers.

Clearly, the adverse effects of an Increase
In the minimum wage tend to be felt most
heavily by small businesses and by indiu-
trles in which there Is extensive employment
of relatively low-wage workers. Character-
istically, many such businesses are located
In the southern areas of the country; they

are hlgh-coet Industrie* which, for one
son or another, have dMBculty m«etlBff th*
competttlon of newer, more advanowl. and
lower-cost planto. WhUe there U no dUee*
evidence on this point In the February I960
report of the Secretary of Labor. It wouMl
appear that many businesses were foroed to
discontinue operations altogether a« a re-
sult of the 1956 minimum wage Increaae,

Also In this connection. It U useful to re-
caU testimony given by the Secretary of La-
bor Ijefore the Senate Committee on Labor
and Public Welfare. May 19. 1958. as followj:
"I think it fair to conclude from the avail-
able evidence that the increased wage corta
connected with the minimum wage had an
adverse effect on emplojrment In the low-
wage industries, which cannot be explained
In terms of general weakness In the overall
economic situation or adequately explained
In terms of long-run or special drcunvstances
In the low-wage Industries Involved."

The question to which we should address
ourselves at this time concerns the Impact
that might follow In 1961 from an Increase
m tlie mlnlmtun wage. Whatever benefit
there might be to those who get a higher
wage without loss or reduction of employ-
ment, there are two reasons for bellevlr»g
that a minimum wage Increase at this time
would have an adverse effect on Joba that
would be greater, proportionately, than the
adverse effect created by the 1956 Increase.

First, because a larger percentage of work-
ers covered by the Fair Labor Standards Act
are receiving wages at this time that are
at or close to the minimum than was the
case In 1956, an Increase In the minimum
wage would affect a larger proportion of
covered workers ana a larger number of Jobe
than In 1966. The reason for this Is that
when the minimum wage is raised, one of Its
effects Is to compress the range of wage pay-
mento and to place a larger percentage of
covered workers at or near the minimum.
After a time, wages above the minimum are
Increased, earlier wage differentials are re-
established, and the range and distribution
of wage rates tends to return to Its former
pattern. However, this process takes time,
and the evidence suggests that wage differ-
entials have not as yet ad J listed themaelvee
fully to the 1956 increase. As a result, an
increase in the minimum wage at this time,
whether by 15 or 28 cents, would have an
Impact on wages and employment that te
greater, proportionately, than what was pro-
duced by the 1956 Increase.

Second, the adverse effect on employment
of an increase In the minimum wage at this
time would be greater than In 1956 because
at that time the economy was expanding at
a rapid rate whereas employment U cur-
rently tending to decline, especially In man-
ufacturing, which is most affected by the
Fair Labor Standards Act.

No one can say precisely what difference
these two circumstances would make In the
adverse Impact on emplojrment of a mini-
mum wage Increase, but It Is safe to say
that If the 28-cent Increase In 1958 had the
effect of reducing employment by 10 percent
In low-wage Industries, a 25-cent Increase
at this time would reduce employment in
these Industries by far more than 10 percent.
In other words, the times are far from
propitious for governmental action that
would raise the costs of maintaining Jobs and
creating new ones. Certainly, if the mini-
mum wage is to be Increased at all, it ought
to be Increased by only a moderate amount
and the Increase otight to be effective no
sooner than July 1. 1961. It would be a
grave mistake. In any case, to Increase the
mlnlmxun wage to $1.25 an hour at this
time, and even an Increase to fl.15 would
be a very difficult one for many bnslneflBes
to absorb.

Extension of the coverage of the mlnlmtun
wage law also presents serious dlfflcultleB.
Bills were Introduced and debated last year

In both Houses ot the Congress that would
have eztMMled coverage by anywhere from
7M.0OO to as much as 4 million additional
workers. All major proposals would have
extended coverage to retaU trade but It
should be noted that employment In trade
lines has been declining recently— from
8 011 000 in August to 8.492.000 In November
(seasonally adjusted). In this connection,
it U weU to recall the cautton exprsMCd in
the January 1954 Economic Report of the
President: ~* * * We should undertake ad-
justmenu of the minimum wage at a time
when economic activity can take them in
stride, thereby minlmlaing the risk of un-
employment of the less productive workers
whose welfare the minimum wage seeks to

akl."

The merits of different proposals on
changes In the Fair Labor Standards Act wUl
be studied carefully during the present ses-
sion, but this much can be said at this
time. The minimum wage made applicable
to worker* brought under coverage of the act
m 1960 should be the $1 minimum pres-
ently In effect for covered workers. If tl>e
minimum for presently covered workers
should be raised to •1.15. effective in 10«1.
the minimum wage applicable to newly
covered workers should be phased up to the
11.15 level over a period of time, say, over S
years. This would permit time for the af-
fected businesses to make the adjustments
that would reduce the adverse effect on em-
ployment to a minimum.

Mr. DIRK.SEN. Mr. President. I also
ask that the bill be permitted to lie at
the desk for a period of 2 days. In case
there are other Senators who share my
conviction in this field and who would
care to be cosponsors.

The PRESIDENT pro tempore. With-
out objection, it is so ordered.

Mr. DIRKSEN. Mr. President, if my
distinguished friend, the Senator from
Minnesota (Mr. HrMPHarrl. will permit
me to do so. I should malce an apology
for sending forward a bill and suggest-
ing cosponsors, when at the same time
I have pending a resolution outlawing
the entire btisiness of cosponaorshlp. I
think it is wicked; I think it is evil; I
think it is unjustified; I think It is un-
warranted; and if someone will hand
me a copy of Roget's Thesaurus, I shall
pick about 100 other words to use In
emphasizing my belief that cosponsor-
sbip of measures in the Senate is wrone:
and I believe I could make a good and
lucid argument against the practice.
However, so far as it now obtains, I may
just as well become a part of that In-
equity and ask for cosponshorship.
I Laughter. 1

Mr. HUMPHREY. In this connec-
tion the Senator from Illinois does not
endorse sin. as I understand, but only
the practice of cosponsorshlp.

Mr. DIRKSEIN. Let us say Just that
specific sin. [Laughter.]

AUTHORTTY TO REFUND DISTRICT
SCHOOL TUITION

Mr. MORSE. Mr. President. I Intro-
duce, for appropriate referral, a bill de-
signed to empower the Commissioners
of the District of Columbia to refund
tuition payments under certain circimi-
stances when in their Judgment, and
upon showing of good cause, such refund
is deemed equitable.

My attention was called to the fact
that under existing law, once tultkm

/

payments have been made — although the
child, or children, may not subsequently
attend District of Columbia schools for
the full period for which the payment
was made — a refund for the portion of
a semester unused, caimot be made.

Mr. President. I wish to emphasize
that by introducing this bill I am in no
way seeking to prejudge the issue in any
particular case. My bill seeks only to
provide the Commissioners of the Dis-
trict of Columbia, or their delegates,
with a power they now lack and a pro-
cedure which they do not have, which,
in equity, they ought to possess.

The eflective date of the bill is made
retroactive for the purpose of permit-
ting such relief as it will afford to be
available to those who have felt ag-
grieved by a idtuation which should
have been remedied at an earlier time.
However, I can appreciate that admin-
istrative difflcultiep might be encoim-
tered were there not a definite cutoff

date.

The PRESIDING OFFICER fMr. BuR-
DicK in the chair). The bill wUl be re-
ceived and appropriately referred.

The bill (S. 286' to authorize the
Commissioners of the District of Co-
lumbia to refund certain tuition pay-
ments of former nonresident students
in the public schools. Introduced by Mr.
MoRsi, was received, read twice by its
title, and referred to the Committee on
the District of Columbia.

DESIGNATION OF FOURTH SUNDAY
IN SEPTEBflBER OP EACH YEAR AS
INTERFATTH DAY

Mr. KEATING. Mr. President, I in-
troduce for appropriate reference a joint
resolution designating the fourth Sun-
day in September of each year as Inter-
faith Day.

The development and growth of our
great Nation are directly attributable
to the mutual respect, understanding,
and cooperation which have to an extent
permeated most of our society. I am
sure all will agree that when these pre-
cepts are cast aside, it is, in the last
analysis, to cast aside the very principles
of our national origin.

The creation of Interfalth Day would
seek to unite individuals of all faiths be-
hind a common purpose — the extension
and preservation of individual dignity.
By attempting to achieve this goal, which
Godless nations bent upon world dom-
ination have purposely Mnitted from
their philosophy, we are further enun-
ciating the human instincts and religious
beliefs forming so large a base in our
national life.

Furthermore, at this crucial jimcture
In world history, it is important that
Americans do everj'thlng within their
power to display the lamp of freedom to
people throughout the world who are
yearning for the rights and guarantees
enjoyed by our citizens. Interfalth Day
could be one outward manifestation of
these principles emlKxiied in the frame-
work of our Constitution and Bill of
Rights.

It Is my hope that this joint resolution
will be acted upon expeditiously and af-
firmatively. As many of my colleagues

may recall, the Senate during the 86th
Congress acted favorably upon this joint
resolution: however, failure of the House
Judiciary Committee to act on this pro-
posal prevented its passage during the
last session. v

Mr. President, I ask unanimous con-
sent that the text of the joint resolution
be printed in the Record.

The PRESIDING OFFICER. The
joint resolution will be received and ap-
propriately referred; and, without ob-
jection, will be printed in the Ric(»d.

The joint resolution (S.J. Res. 24)
designating the fourth Sunday in Sep-
tember of each year as Interfalth Day.
introduced by Mr. Keating, was received,
read twice by its title, referred to the
Committee on the Judiciary, and ordtfred
to be printed in the Record, as follows:

Whereas the United States of America was
founded on the firm basis of freedom of
thought and conscience; and

Whereas the fomenting of antagonism
between Americans on a basis of sectarian
creed Is contrary to American traditions and
to the spirit of the guarantees of freedom
of worship embodied in the Constitution of
the United States; and

Whereas It ought to be. and is hereby de-
clared to be, the policy of Congress to en-
courage the mutual understanding ol' aU
people of good will; and

Whereas the program of the intertaith
movement offers a practicable means for
encouraging such mutual understand Ing:
Therefore be It

Resolved by the Senate and House of
Representatives of the United States of
America in Congress assembled, That the
foiu-th Sunday In September of each year is
hereby designated as "Interfalth Day", and
the President of the United States is au-
thorized and requested to issue annually a
proclamation calling on the people of the
United States to observe such day, and
urging the participation of aU Americans
and all religious groups In the United States,
regardless of sect or creed, to participate in
the observance of such day by such means
as they may deem appropriate.

COMMISSION TO STUDY INFLUENCE
OF FOREIGN TRADE ON BUSINESS
AND INDUSTRIAL EXPANSION IN
THE UNITED STATES
Mr. DIRKSEN. Mr. President, on
June 13 of last year I, for myself and
numerous Senators, introduced Senate
Joint Resolution 208 to provide a Com-
mission to Study and report on the influ-
ence of foreign trade upon business and
industrial expansion In the United States.
I am reintroducing that joint resolution
Ml behalf of myself and Senators Hick-
■NLOOPER, Wiley, Hruska, Cotton.
DwoRSHAK, Bush, Keating, Aiken,
Prouty, Bennett, Scott, Bridges, Sal-

TONSTALL, SCHOBPPBL, MrS. SMITH Of

Maine, Case of New Jersey, and Carlson,
for we feel that increasing competition of
foreign-made goods in the American
market has become one of the growing
challenges of our time. A close exami-
nation of the reasons for the growing in-
vasion of the American market can be
foimd in the advanced wage rate, the use
of industrial technology, which we have
so freely exported, Government aid to
producers abroad in the form of larger
depreciation allowances, export aids,
and so forth. The lure of a very lush

American market coupled with the above
created a dilemma, which must be re-
solved. We, however, cannot very well
urge the lifting of quotas on trade re-
strictions abroad on other countries and
then in the same breath urge similar re-
strictions on our own market. There are
several other key questions that must be
resolved. To best ascertain the answers
would be to have an objective study and
survey of the whole problem by trained
and competent persons, mainly outside
of Government, who have a vital con-
cern in the problem.

To that end, I now introduce for ap-
propriate reference this joint resolution.
and I ask that during the remainder of
today and for tomorrow that it lie on
the desk for the purpose to p>ermit those
Senators who wish to cosponsor to do so.

I ask unanimous consent that the joint
resolution be printed in full at this point
in the Record.

The PRESIDING OFFICER. The
joint resolution will be received and i4>-
propiiately referred; and, without objec-
tion, the joint resolution will be printed
in the Record, and will lie on the desk,
as requested by the Senator from Illi-
nois.

The joint resolution (S.J. Res. 25) to
provide for a commission to study and
report (m the influence of foreign trade
upon business and industrial expansion
in the United States, introduced by Mr.
DniKSEN (for himself and other Sena-
tors), was received, read twice by its
title, referred to the Committee on In-
terstate Commerce, and ordered to be
printed in the Record, as follows:

Joint resolution to provide for a ccHnmiasion

to study and report on the influence of

foreign trade upon business and indtistrial

expansion In the United States

Whereas the broad objective of the foreign

economic policy of the United States Is to

advance the national Interest and to improve

the security and well-l>elng of the United

States and its people, and to promote the

economic strength of the United States and

of the rest of the free world; and

Whereas in achieving the objectives of Its
foreign economic policy the United States
Govenmient has stressed the importance of
expansion of foreign trade In both goods and
services and of private investment in and
mutual assUtance to the lesser developed na- '
tions of the free world; and

Whereas the President, by special message
to the Congress on March 17. 1960. has di-
rected that a comprehensive program for the
expansion of United States exports be under-
taken through the coordinated efforts of
various governmental agencies; and

Whereas it is deemed to be in the public
interest that a commission be appointed by
the President to study and report concerning
the Influence upon business and industrial
expansion in the United States of foreign
trade, and related matters concerning the
foreign economic policy of the United States :
Now, therefore, be it

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That there is hereby
created a commission to study the influence
of foreign trade upon business and induBtrial
expansion in the United States. Such Com-
mission shaU be known as the CSommlasion
on International Trade, and is hereinafter
referred to as the •'Ck>mmiesion".

Ssc. 3. (a) The Commission shall consist
of twelve members, appointed by the Prj^-
dent, broadly represenUtlve of the public

i

I

360

generally, Including Indxwtry, l»bor, agrl-
ouJtvire. trade, and Oovemment.

f b) The President shaU designate the Chair-
man and Vice Chairman ol the Commlasion.

(c) Vacancies on the Commission shall be
filled by the President.

(d) The members of the Commission who
are in the service of the Government shall
serve without compensation In addition to
that received for their services In that capac-
ity, but they shall be reimbursed for travel.
■ubsUtence. and other necessary expenses In-
curred by them In the performance of the
duties vested In the Commission.

(e) The members from private life shall
each receive »50 per diem when engaged In
the actual performance of duties vested In
the Commission, plus reimbursement for
travel, subsistence, and other necessary ex-
penses Incurred by them In the perform-
ance of such duties.

Sac. 3. In Its study, the CommlESlon shall,
to the extent that it finds appropriate, sur-
vey and make a factual report on the fol-
lowing:

(a) The impact of foreign trade In goods
and services upon the American economy;

(b) DUterentlals In labor arwl other costs,
lor selected commodities, between domestic
and foreign producers;

(c) Frlcea. in the United States and
abroad, of certain major goods and services
which move In International trade;

(d) Aid rendered by the United States
and foreign govenunents to the export trade;

(e) Protection provided by the United
States and foreign governments against the
importation of goods and services;

(f ) The effect of regional market arrange-
menU upon the foreign trade of the United
States;

(g) Present procedures under the Trade
AgreemenU Act and the various extensions
thereof;

(h) American Investment abroad, and the
relation of such Investment to the foreign
economic policy of the United States;

(I) Policies and practices with respect to
United States and foreign government pur-
chase of goods and servloes; and

(J) Subjects related to the foregoing,
which may. In the opinion of the Oonamls-
elon. be relevant to the foreign economic
policies of the United States.

SBC. 4. (a) The Commission shall main-
tain Its principal ofBce in the District of Co-
lumbia and may establish working offices
abroad. Members of the Commission and
staff are authorized to travel both at home
and abroad.

(b) The Commission shall have power to
appoint and fix the compensation of such
personnel as It deems advisable, without re-
gard to the provisions of the civil service laws
and the Classlflcation Act of 1949. as
amended.

8r. 5. Vot Uter than July 31. 1963. the
Commission shall file a final report with the
President for transmittal to Congress. With
the filing of Its final report, the Commis-
sion shall cease to exist.

SBC. 6. There is authorized to be appro-
priated not to exceed the sum of fl. 000,000
for the work of the Commission.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

361

JOINT COMMITTEE ON NATIONAL
FUELS STXJDY

Mr. RANDOLPH. Mr. President, for
myself, my colleague from West Vir-
ginia [Mr.BYRD], the senior Senator
from Illinois [Mr. Douglas 1. the Junior
Senator from Illinois and minority leader
[Mr. DiRKSKM]. the senior Senator from
Minnesota and assistant majority leader
(Mr. HuifPHBCY]. the senior Senator
from Kentucky [Mr. Cooper J. the junior
Senator from Kentuclcy [Mr. Morton],

the Junior Senator from Indiana [Mr.
Hartke). the Junior Senator from Utah
[Mr. Moss], the senior Senator from
Alaska [Mr. Ba«tl«tt], the senior Sena-
tor from North DakoU [Mr. Yormo] , the
senior Senator from Rhode Island iMr.
PastorkI. the Junior Senator from
Hawaii [Mr. Lowcl, the junior Senator
from Montana [Mr. Metcalf], the sen-
ior Senator from New Mexico IMr.
ChavxzI. the senior Senator from Ten-
nessee IMr. KwAUVBRl, the senior Sen-
ator from Ohio [ Mr. Lauschi 1 . the Junior
Senator from Ohio IMr. Young 1. the
senior Senator from Michigan (Mr.
McNamaraI, the Junior Senator from
Wyoming IMr. HickeyI. the senior Sen-
ator from Massachusetts (Mr. Sal-
TONSTALLl. the scnlor Senator from
Pennsylvania (Mr. Clark 1. the senior
Senator from Oregon (Mr. Morse 1. the
junior Senator from Maryland IMr.
Beall], the senior Senator from Wis-
consin (Mr. Wiley 1, the junior Senator
from Alaska (Mr. GRtiEifiNGl. the Junior
Senator from Tennessee (Mr, OoreI . and
the senior Senator from Nevada [Mr.
BIBLE] I submit for appropriate refer-
ence a concurrent resolution which pro-
poses creation of a Joint Committee on
a National Fuels Study.

I recoRnize that conflicting interests
will inevitably bring about difference of
opinion on any subject as complex as
that relating to our great store of nat-
u- al fuels. This is to be expected.

What disturbs me. however, is the idea
I have heard expressed that we should
rujt study the energy fuels and that we
sliould not make an effort to inform our-
selves as fully as possible on a matter so
vital to oiur national security and our
future economic development.

It is my opinion that a joint congres-
sional committee to study our country's
energy fuels is clearly indicated; it is
essential.

The resolution I have introduced does
not seek to legislate for or against any
fuel or any segment of the economy. It
does seek to enable the Congress to pro-
cure full information, through study,
concei-ning the fuels of the Nation and to
present to the appropriate standing com-
mittees of the Congress findings and rec-
ommendations. It would be my hope
tliat out of this data a national fuels
policy might appropriately be formulated
and considered for congressional enact-
ment.

The proposed Joint Committee on a
National Fuels Study would make its re-
port not later than January 1, 1963. and
cease to exist thereafter.

To suggest what the findings of this
joint committee will be is not possible,
but a search for truth is a most desirable
endeavoi- and should envisage giving as-
surance to our country that the energy
fuels will be available to the greatest
number of our citizens for the longest
possible time.

We have a chaotic fuels-marketing
condition in this country, and, in my
judgment, it has led to great waste and
has depressed substantial elements of
our economy. But all of us would be in
a much laetter position to Judge condi-
tions with more accuracy if the entire
problem were to he subjected to a de-
tailed study and report.

The confused fuels situation has
caused many coal mines to be closed and
has curtailed exploration for new oil and
gas flelds. My esteemed colleague from
West Virginia. Senator Byrd. feels as do
I in this statement.

Perhaps an Inadequately informed
person might say: "That is no problem.
Open the closed mines and drill more oil
and gas wells."

But such a sUtement is unrealistic
when the fact is recognized that a mine
which has been closed is quite often
doomed, unless a very substantial
amount of money is aYallable and spent
to maintain it. Who can afford the
maintenance costs of a nonproduclng
mine?

In most cases it is more economical
and safer to open a new coal mine than
to reopen an old one. notwithstanding
tlic capital investment requirements and
the time factors involved In opening a
modern coal mine.

In either instance, much time and
money would be needed before produc-
tion could begin, and there must be
available trained manpower, large quan-
tities of material and equipment, and
substantial capital resources to make
this development possible.

Concerning oil and gas wells, it is an
established fact that exploration and
drilling are slow, costly, and often
fruitless procedures. Here, too, trained
manpower, expensive materials and
equipment, and much capital are essen-
tial to successful production.

Furthermore, if we continue to depend
extensively on foreign imports, as we do
at this time, our domestic fuels indus-
tries are certain to continue to decline.

If a national emergency should de-
velop, very conceivably we might face
in this country a period when our do-
mestic industries would be paralyzed by
a lack of fuel. Truly, this would be a
paradoxical situation in view of the fact
that there are in the United States im-
mense supplies of untapped natural fuels.
It is my opinion — and this is substan-
tiaUy the reason why I am introducing
this legislation — that we should study
our energy fuels field and. subsequently,
seek to bring about a coordination of the
policies affecting all fuels within the
framework of an adequate and effective
national fuels policy.

I ask unanimous consent to insert in
the Record the text of the concurrent
resolution.

The PRESIDING OFFICER, The
conciurrent resolution will be recsivcd
and appropriately referred; and. under
the rule, the concurrent resolution will
be printed in the Record.

The concurrent resolution (S. Con.
Res. 4) , submitted by Mr. Randolph (for
hlmiielf and oUicr Senators) , was re-
ceived and referred to the Committee on
Interior and Insular Affairs, as follows:
Whereas adequate suppllea of fuel and
energy reaources In aU fomii are eaential to
the continued welfare of tbe Nation, to Its
IndUBtrL-U development, to the conBumlng
public, and to the national security; and

Whereas authorlUtive estimates forccaEt
that by 1980 the population of the United
States will Increase to two hundred and fifty
nUlllon and that the consumption of fuel

<

and energy resources will have Increased by
nearly 100 per centiun; and

Whereas a study ot our national fuel and
energy reeources, and their reserves wUl de-
termine the amounU} and avallabUity of an
of our fuel and energy resources; and will
determine the Umlti»tlon of reserve of cer-
tain fuels; and ^ ^ . * .
Whereas malntcnimce of the basic fuel
industries, together with adequate facilities
for the transportation of fuel and energy re-
sources and the necessary manpower and
machinery to make these resources available.
Is essential to national defense, to national
security, to the general economy of our na-
tion, and to the stability and prosperity of
the t>aslc fuel indui>trles; and

Whereas In view of these and other con-
siderations It ^jpears that a Joint congrea-
stotuU committee sUidy Is desirable and nec-
acMry to determine If the esUbllshment of
an overaU national fuels policy U advisable
and needed; and

Whereas, the Congress. In connection with
the development of sueh a national fu^s
policy, should have the necessary data and
reoommendattons presented lor Its ooaaM-
eratton by the Joint congreasional oonualttoe
mw^'^g thU study: Now. therefore, be It

ttetotved by the Senatt {The Hou»e of
Revre»entmtive* ooncurrtKf). Tliat there U
hereby establUhed a Joint committee which
rti«ii be known as the Joint Committee on
• national Fuels Study (hereinafter referred
to as the -Jotat committee") and shaU be
oompeeed cTSght Mei-ben of the Senate
to be appotated by tJ»e Prealdent of the Sen-
ate, and eight Membert of ttet House of H^
reeenUUvee to be appointed by the Speaker
of the House of RepreeentattTes.

The party representation on the Joint
committee ihall reflect, as nearly as may be
fea«»te. the retaUve m«ab««hlp erf the ma-
jority and minority political parties in tto»
Senate and the House of Representatlvea.

8«c. a. (a) Vacancfcee In the membe«Wp
of the Joint oooMnittee ehaU not •Becttte
power ot UM remaining members \o tmecuU
Se functions of the Jotnt eommtttoe. taO.
shaU be «led In the same manner •• In the
case vt the original selection.

(b) 1h» Joint committee shaU select a
chairman and a vice chairman from among
its members. In the absence of the <d\^-
man. the vice chabTnan shall act as chatr-

man. ,.._^

(c) A majority of the Joint committee
Shan constitute a quorum except that a leas-
er number, to be fixed by the Joint Oom-
mlttee. shaU constitute a quorum for the
purpose of admtolstertng oaths and toklng
sworn testimony.

Sic. 3. (a) The Joint committee shall —

(1) Make a full and complete investiga-
tion and study (including the holding of
public hearings in appropriate parts of the
Nation) of the avaUable fuel and reserves of
the United States and the present and prob-
able future rates of consumption thereof;
and make a report of flndlnji. together with
recommendaUon. to the appropriate commit-
tees of the Senate and the House of Repre-
sentatives for their consideration and action
in foemuUtlng a national fuels policy; and

(2) Consider the knportanoe and reasons
for the iKMslble formulatloo of an overall
national fueU policy to assure the avaU-
ablllty of fuels adequate for an expanding
economy and for the eecurity of the United
States, taking Into aoooroat tha Investment
necessary for the maintenance of efficient
and adequate fuels and necessary related
Industries, and the necessity Tor the main-
tenance of an adequate force of skilled work-
ers.

(b) In carrying out the provisions of sub-
section (a) of this eection the Joint com-
mittee Shan. In addition to such o^lct
matters as It may deem necessary, glre
consideration

(1) the proved and predicted avaUablU-
tles of our national fuel and energy reeotirces
In all forms:

(3) projected national requirements for
the utilization of these resources, both to
meet Immediate demands a-d to provide lor
future expansion of the economy;

(3) technological developments. In prog-
ress and In prospect. Including deslrabl« areas
for further exploration and technological re-
search designed to supplement decreasing
natural reserv-es of certain fuels:

(4) governmental programs and policies
now In operation. Including not only their
effect upon the individual Industries bo reg-
ulated, but also their Impact upon related
and competing fuels and t*ielr Interaction
with other regulatory programs; and

(5) the need, if any, for legislation de-
signed to effectuate recommendations In ac-
cordance with the above and other relevant
considerations. Including proposed amend-
ments to such existing laws as the Federal
Power Act, the Natural Oas Act, and the
Atomic Energy Act of 1954 necessary to Inte-
grate existing laws Into the national fuels
program.

(c) The Joint committee shall report to
the Senate and the House of Representatives
the results of its study and investigation,
together with its recommendations, at the
earliest practicable date, but not later than
January 1. 1963. Upon the submission of
such report, the Joint committee shall cease
to exist and an authority conferred by this
resolution shall terminate.

Sxc. 4. The Joint conunlttee, or any duly
authorized subcommittee thereof. Is author-
ized to sU and act at such places and times
as It deems necessary, to hold such hear-
ings, to require by subpoena or otherwise
the attendance of such witnesses and the
production of such books, papers, and docu-
ments, to administer Btich oathe, and to take
such testimony on any matters not speclll-
cfOly listed, as It deems advisable.

Sec. 5. The Joint committee may employ
and fix the compensation of such eiqwrts,
consultants, and other employees as It deems
ueceasary in the performance of Its duties.

Sec. 6. The expenses of the Joint commit-
tee, which shaU not exceed $200,000 per
year, shaU be paid from the contingent fund
of the Senate upon vouchers approved by
the chairman of the Joint committee.

Mr. RANDOLPH. Mr. President. I
also ask unanimous consent that the
resolution may lie on the de* imtll the
close of business on next Friday, Janu-
ary 13. in wder that other Senators who
may desire to do so may join as sptmsors.
Several of our colleagues have mdicated
their support.

The PRESIDING OFFICER. Without
objection, it Is so ordered.

Mr. COOPER subsequently said: Mr.
Piesident. today I joined with the dis-
tinguished Setiators from West Virginia
[Mr. Randolph and Mr. BtrdI, and
other Senators in introducing a concur-
rent resolution to establish a joint com-
mittee of the Congress to study the fuel
fi^nd energy resources of the Nation.
I^g^. year I was co^;>onsor of this reso-
lution, and I am glad that it is bein^
Introduced at the opening of this session
of the Congress so that it may reoetre
early consideration .

Both the Democrat and Republican
platforms adopted last year expressed in
gn^^fst^kJ^^ their approval of the Xuel
«tudy proposed by this resolutioa. and I
believe that members of both parties win
approve its early passage. The resolu-
tion expresses the need of a i*udy of ow
fuel and energy resources in the interest

of national security, the economy of our
countay, and the stability of our Iweic
fuel industries. It is in the national
interest to establish a joint committee to
determine whether a national fuel policy
is advisable, and for this reason, above
all, I urge the early consideration and
approval of this concurrent resolution.

MODERNIZE THE MONROE DOC-
TRINE TO MEET THE THREAT OF
COMMUNIST IMPERLAIJfiM IN
LATIN AMERICA

Mr. BUSH. Mr. President, I submit a
concurrent re::olution and ask that it be
printed at this point in the Rscord, and'
lie at the desk until the close of business 1
Tliursday of tliis week so that other Sen- -
ators may become cosponsors if they so

desire.

Tlie PRESIDING OFFICER. The con-
current resolution will be received and
appropriately referred; and, without ob-
jection, the concurrent resolution will
lie on the de*, as requested by the Sen-
ator from Connecticut.

The concurrent resolution <S. Oon.
Res. 5), was referred to the Oommlttee
on Foreign Relations, as foDows: ^

Whereas intervention by the world Com-
munl-st movement directly or indirectly tn
the affairs of any of the Independent nations
of the Western Hemisphere would threats
the sovereignty and political Inttependaoc*
at that nation and other such nationa; •«*

Whereas the free and independent nations
of the Western Hemisphere have long since
ceased to be objects for domination, control
or colonization by other powers; and

Wherenis the direct or Indirect InterventJon
by the world Communist raovwnent, by what-
ever means such Intervention might be dis-
guised, in any American nation, wouW con-
stitute m effect such domination, control or
colonization by a non-Anverlcan power, and
would violate the sovereignty and political
Independence of an American nation; and

Whereas any such Interventloo by the
world Communist movement In the aflain o<
any nation situated in the Western Hemi-
sphere would constitute a threat to the peace
and safety of the United States and the other
nations of that hemisphere;

Whereas the American repxiWlcs have con-
demned emphatically intervention or tta*
threat of Intervention even when condiUonal
from an extra-continental power In the af-
fairs of the American republics; and

Whereas the Intervention of the Slno-So-
viet powers In the American Republic of Cuba
Ls threatening hemisphere tmlty and Jeopard-
izing the peace and security of this hemi-
sphere; and

Whereas In the rapidly evolving atomic
age the threat presented by any such Inter-
vention might develop with such rapidity
that there would not be time to assemble a
meeting of the Inter-American Organ of
Consultation to provide for Joint action to
repel the danger: Therefore be It

Resolved by the Senate (the House oj
Representatives concvrring). That (a) If one
or more of the high contracting parties to
the Inter-Amertcan Treaty of Reciprocal As-
sistance should be threatened In any manner
with domination, control or colonization
through the Intervention of the world Com-
munist movement, any other such party
would be JuetMed. In the exercise of Indl-
TMttal or collective self-defense under article
51 of the Charter of the United Natiom, to
taking appropriate steps to fOTCstall such
intervention and any domination, control <r
colonlMitiOB of any nation of the W*»ur»
HeMlephere by the world OommnBl*
movement.

.^. .^..^'^.^^•..-vm.T A T 'Tk TT/^/^Tk TV CCNTAT*!?

Jn.niJ/irfj 9

torn

nrMMriBiiCcioMAT nPi^nnn

5FMAXF

»»

362

(b) If any such defenaive meaaures are
taken by any defending nation of the West-
ern Hemisphere, such nation should report
promptly the action so taken to the Inter-
American Organ of Consultation, to the end
that an emergency committee, established in
the manner provided by the Convention of
Havana of 1940, may be organized to pro-
vide for the provisional administration of
the nation so defended, pending Its resto-
ration to a government of the people, by
the people, and for the i>eople.

Mr. BUSH. Mr. President, the pur-
pose of my concurrent resolution is to
reaflftrm and reinforce the Monroe Doc-
trine and bring it up to da :e to meet the
new conditions created by modern Com-
munist imperialism. It would serve em-
phatic notice upon the Soviet Union and
Red China that the United States and
her Latin American allies will not toler-
ate dommation, control, or colonization
of any Western Hemisphere nation by
the world-Communist movement.

Mr. President, I ask unanimous con-
sent that the following materials may be
printed in the Record after these re-
marks:

First. An announcement I have made
concerning the resolution.

Second. An article entitled "A Way
To Stop the Reds in Latin America" by
my constituent, the distinguished au-
thority on Latin America, Prof. Samuel
Plagg Bemis, of Yale University, to
whom I am indebted for much of the
language in the resolution. This article
appeared in the U.S. News & World Re-
port for December 28, 1959.

Third. A press release by the Depart-
ment of State entitled "Arms Buildup in
Cuba," dated November 18, 1960.

Fourth. The introduction to a State
Department document entitled "Respon-
sibility of Cuban Government for In-
creased International Tensions in the
Hemisphere," dated August 1, 1960.

Fifth. The text of the act of Bogata,
outlining measures for social improve-
ment and economic development in Latin
America.

There being no objection, the matters
were ordered to be printed in the Record.
as follows:

Press Rxlsase bt Senatos Pkkscott Bush

Washington, January 9. — U.S. Senator
Prkscott BtrsH called upon Congress today
to serve notice upon the Soviet Union and
Red China that the United States and her
Latin American allies will not tolerate domi-
nation, control or colonization of any West-
ern Hemisphere nation by the world Com-
munist movement.

The Connecticut Senator said he would In-
troduce this week a resolution which he de-
scribed as Intended to "reaffirm and reinforce
the Monroe Doctrine and bring It up to date
to meet the new conditions created by mod-
ern Communist Imperialism."

Senator Bush, a member of the Senate
Committee on Armed Services who recently
returned from a tour of Central American
countries, said the need for congressional ac-
tion to strengthen the Monroe Doctrine has
been increased by Intensified Commimlst ac-
tivity In Latin America during the past year.

"I regret that a similar resolution I in-
troduced in January 1960, was not acted
upon by the Committee on Foreign Rela-
tions," he said. "Since then, the world Com-
munist movement has sent to Cuba Increas-
ing numbers of so-called technicians and
heavy shipments of tanks, machlneguns.

CONGRESSIONAL RECORD — SENATE

Jantuiry 9

1961

GONGRESSIONAL RECORD — ^NATE

363

planes, and other weapons Cuban soil is
being used for the export of Soviet com-
munism to other American RepubUca.
Propaganda and subversive activities have
been accelerated in all Latin America."

Senator Bush said he hoped that his reso-
tion would be to Justify any American Re-
public In regarding a threat of Communist
domination of another nation in the West-
ern Hemisphere as a threat to Itself, and to
collective security. It could then take de-
fensive measures, reporting promptly to the
Organization of American States.

Senator Bush said he hoped this his reso-
lution would be used as the vehicle for a
"full-scale review" by the Senate Committee
on Foreign Relations of the events leading
to Fidel Castro's takeover in Cuba, and the
Intensification of Communist activities In
all Latin America.

"I hope hearings and a thorough study by
the committee will lead to comprehensive
recommendations for strengthening our poBi-
tlon m Latin America," he said. "Defensive
measures against the spread of Slno-Sovlet
influence are not enough. We must have
constructive action to Improve the lot of the
people of the Latin American countries,
many of whom live In conditions of appall-
ing squalor.

"We have made a good start with the
ICA's self-help housing program in Guate-
mala and Nicaragua. This has created much
good-will for VIS In these countries, and
should be extended to others among our
neighbors to the south.

"By this and other means, as suggested In
the Act of Bogota, we can Join with our
Latin American allies In a far-reaching at-
tack on the poverty. Illiteracy, and lack of
social Justice which afflict so many people
In these nations."

[Prom the US. News h World Report,

Dec. 28, 1959]

A Way To 8top the Reds in Latin Amebica

(By Samuel Flagg Bemls)

Prof. Arnold Toynbee — In a recent. 1958,
brilliant study of "The Eve of War. 1939"—
has called attention to the fact that In 1940
no power was threatened on more than two
fronts, east and west, whilst now, 1959, each
of the two surviving power groups — U.S.A.
and t7.S.S.R. — U threatened on three fronts,
east, west, and north, "a flrst-class revolu-
tion in International affairs • • • that Is
not easily grasped or taken Into account."

Now suppose the United States should be
threatened on all four fronts, including
south as well as north, from the Caribbean,
as well as the Arctic? Instead of an expan-
sive and friendly ally like Canada stretching
for thousands of miles between us and
Soviet jet, submarine, and missile bases, with
a double line of distant early warning trips,
we suddenly become exposed to such bases
almost within sight of our southern coastal
cities, and right athwart our naval com-
munications from Atlantic to Pacific by the
Panama Canal? Would this not tip the bal-
ance of power fatally against the United
States In the present deadly crisis of power
and politics which we call the cold war?

Since 1934, the first line of our defense
has shifted from Panama to Europe and
Asia. In this geopolitical framework the
strategical paths over the Arctic regions have
Indeed become of more Immediate signifi-
cance than the Caribbean. It has even been
argued by some strategists that. In the
atomic age, the Panama Canal Is no longer
a lifeline for the defense of this country;
that we could well afford to have It neu-
tralized under an international authority, so
great is the danger that one atomic bomb
could neutralize — I.e., paralyze — It by knock-
ing it out.

Scarcely anything, short of withdrawal of
American forces from Europe and the Asiatic

littoral, or the dissolution of NATO (North
Atlantic Treaty Organization) or SEATO
(Southeast Asia Treaty Organization) would
please the Red Imperialists more than the
neutralization of the Panama Canal or the
transfer of its control and defense to the
Republic of Panama, like the Suez Canal to
Egypt. It would split our present global
strategy into a two-ocean sUategy and pre-
vent the Panama Canal's being used by the
^Wcst as a substitute for a blocked Suez
Canal, or to relieve the burden on oxu- flag-
ging railway system in case of war.

The Communist conspiracy is on Its toes
today In Panama trying to dislodge the
United States from control of this still-vital
American lifeline.

The United States should make it clear to
the world that In the Panama Canal Zone It
will continue to act as if it were sovereign,
as, indeed. It has an explicit treaty right so to
do. and to stick beyond any cavil to the
military defenses of that waterway.

MORE than the CANAI. CAM BE LOST

Much more than the canal, and all that
means to American defense, can be loet. II
International communism is aUowed to Jump
the Atlantic and set up a rule in a state of
the New World, the way it recently tried to
leapfrog over Tiu-key Into Syria and Lebanon.
It would mean not only effective neutraUaa-
tlon of the hemispheric UfeUne In a strategic
sense: it would create an active fourth front
for the defense of the United States. We
simply cannot allow that to happen.

Latin American Communists schooled in
Moscow have studied Just how to set up their
system in the Americas. They tried it once
already in Ouatemala. while the United
States stood by with arms folded around the
doctrine of nonintervention, awaiting the
uncertain action of a conference of foreign
ministers which, thanks only to the counter-
revolution of Carlos Armas, never had to
meet.

When, finally, the diplomatic doctors did
an autopsy on the fallen Arbenz regime in
Ouatemala, they found the disease of Inter-
national conununlsm to be far more deep-
seated than they had suspected. In fact. It
still lingers as a cancer In the body politic
of honest liberalism, not only In Guatemala
but in all the SUtes of Central America
and the Caribbean. It is festering now in
Cuba, in Panama, in Venezuela where they
spat on Vice President NnoN. The cancer
is spreading.

What is there, within the inter-American
peace system — pledged as It Is to the doctrine
of nonintervention — to prevent such a dis-
aster in the New World?

Nonintervention is the keystone of the
Inter-Amerlcan peace structiu-e, put Into
place by the good neighbor policy. In nu-
merous treaties since 1933— eubject to hon-
orable denunciation by any of the parties
on 1 year's and. In some cases, a years'
notice — the American Republics have de-
clared Inadmissible the intervention of any
one of them (1933, 1936) or group of them
(1948) directly or Indirectly or for whatever
reason, within the Internal affairs of another
American State.

There is, however, one outstanding excep-
tion to this sweeping pledge: It does not
affect existing treaty obligations. For
example. It would not affect the existing
treaties of the United States with Panama
or Nicaragua by which the United States
guarantees the protection of the Panama
Canal and the Nlcaraguan canal site: It
would not affect our treaty with Cuba giv-
ing us the naval base at Ouantanamo; It
would not affect the provisions of the Inter-
Amerlcan Treaty of Reciprocal Assistance,
of Rio de Janeiro, of 1947.

The Rio pact — the first regional alliance
of the diplomatic revolution which now
binds the United States to defensive alliances
today with some 40 countries of the globe-

provides for Joint IntarvMkUoci, If t«K>-thir«i
of the American States shall agree to amtUk
tn meetlBg an armed attack •galmrt an
American 8t«te— the group eetlng wttto ^
InJierent tight of tndivMhial or eolleetlve
ndf.defense reoogntoed by mxUiA» 81 of Che
Charter of the United Ifatkms. The treatf
also provides, article €:

"If the Inviolability or ttoe Integrity of the
territory or the sovereignty or political inde-
pendence of any American State should be
affected by an aggreesion which is not an
armed attack, or by an extraccmtlnental or
Intercontinental conflict, or by any other
fact or situation that might endanger the
peace of America, the Organ of Consultation
(of the Organization of American States)
shall meet immediately In order to agree on
the measures which should be taken for the
common defense and for the nudntenanoe
of the peace and security of the continent."
The Rk> Pact of 1947 is the same bond
which brought Inter-Amprican diplomatic
Intervention to stop local wars between Haiti
and the Dominican Republic, and between
Nicaragua and Costa Rlea. It Is the same
bond and principle which animated the
meeting of the mlnlsten of foreign affaln
last August, In Santiago de Chile, Invoked
toy four republics. Including the United
states — that gentle pan -American huddle
which weakly empowered the Inter-Amer-
lcan Peace Commission to watch and study
miUtary movements In the Caribbean and
report to the next (11th) Conference of
American States at QuMo. Ecuador, to Feto-
ruary 1W0.

This Is the same casus foederis (a case
wlUiln the provisions of a treaty) to whl£h
appeal had been made, upon the Insistence
at Faaama, in the case of Ouatemala in 1S64.
for a meeting of foreign ministers of Ameri-
can States to consider the crisis of Guate-
mala, tout did not meet toecause of Carlos
Armu' suocesiful counterrevolution.

Today It is very doubtful whether the Or-
ganization of American States, through its
Organ at consultation, could mveitar the
necessary two-thirds majority of the high
contracting parties quldtly enough to give
-- a mandate, imder the terma of the Rio Pact
of 1947, for Joint Intervention to suppress
a Latin-American government gone Oom-
nmnlst by Infiltration of a popular-ftT>nt
government or capture of a liberal revolu-
tion, and tberdby threatening the peace and
secuBlty of the Aaaerlcan Continent.

It might be tried, Xm*. If It failed, what
then?
uNrm mtAtam cam wnmnam tks iicresxiit
BI6HT or aELr-tfErxam
There reBoains the Monroe Doctrine, vhkiti
declares that InterpoeltlOB by any Kuropean
powera to aKtend their tjattm to any r^on
at tbiB kemlsphere is dangerons to our o«n
peace and safety. There remains tiM 1«-
herant li^U at seU-dcf one. hotk Indtvtdoal
and oollKtive. even if it la not agrMd on toy
a two-thirds majority of American Statsa.

"We owe it fthewfore] to candor," pro-
nounced President Monroe tn hU famous
message of Deesmber S, Itas. "^ad to the
amlcaMe reiations exlstUtg bcftwesn the
United States and those fCaropsaa] powart
to declare that we rtMuM oonsldsr any at-
tempt on their part to extend thair system
to any portion of this hemisphere, as daa-
gero«s to am peaee and aafety— we eonld not
oonrtder any hiterposltlOB tor tl»e purpose of
oppressing them, or controlling In any oO>er
manner their destiny, by any Buiopean
poarv. In say other light than as a manl-
f estattoB of an unfriendly dtaiposltloB tovasd
the United states"— ^sWch ^onld teduoe
meaatires on the part of the XFnlted States

"indtepensatole to their security."

An liqportsnt corcfUvy to the Monroe
Doctrine sines Its ec^gtn— indeed, a vital

dictum of the doctrine since 18M — prohibits
the traaatsr of any eoiony in the Mew World
from one European sovereigu to another —
lest such an occurrence upset the balance of
power against the seciirlty of the United
States in this hemisphere.

This no transfer principle has been tx)und
up in ttie Monroe Doctrine throughout its
history. Presktent Grant officially pro-
datmcd it a part of the doctrine In 1809.

A 1*40 FKBCBDEI^ FOB aCnOM

As Hitler's armies were overrunning West-
ern Europe and threatening to take over
French, Dutch, and British colonies In the
Western Hemisphere — l.e., Guadalupe, Mar-
tinique. Bermuda, the Bahamas. Jamaica,
Trinidad. British Honduras, the Gulanas,
Aruba, etc. — a Joint resolution of the U.S.
Congress of June 10, 1940. signed by Presi-
dent Franklin D. Roosevelt, Implementing
the sense of an earlier declaration by a
meeting of the Foreign Ministers of the
American Republics at Panama In Septem-
ber 1939, at the beginning of the war, sUted:
"(1) That the United States would not
recognize any transfer, and would not
acquiesce In any attempt to transfer any
geographic region of this hemisphere from
one non-American power to another non-
American power; and

"<a) That If such transfer or attempt to
transfer should appear likely, the United
States shall, to addition to other measxires,
immediately consult with other American
Itepublles to determine upon the steps which
^ould be taken to safeguard their common
mteresU."

Shortly thereafter, a special conference of
PHHelgn Ministers of the same RepubUcs. fac-
tog the danger of Vmxi conquest of Europe
and England, gave a mandate to any one or
more American RepubUos, in ease of tiM Im-
minent danger of transfer of colonial terri-
tory in the American ContinenU from one
European so«<arelgn to anoOiv, to «tsp In aiMl
act quickly to forestall such a transfer. A
special convention provided tar an totsr-
Amerlean committee to administer the gov-
enunent <rf the rescued region, pending its
restoration to tts tohabttonta upon the re-
turn of peace.

But the Havana mandate of 1940 looks only
to the actual transfer of an exlsttog ookmy In
America from one European sovereign to an-
other Buropean sovereign. It does not ex-
pUcltTy envisage the case of a European sov-
ereign In fact, if not In name, extendtog Its
Commmilst system to a Republic of the
American system a la Ouatemala— and vttl tt
be a la Cuba, a !a Panama, a la VenenMUf

The Pact of Rio of 19*7 does anticipate
such a "fact or situation" endangering 14»e
peace and security of any Republic of the
Few VTortd, tout It requires a two-thirds vote
of the 21 Republics to give a mandate to
one or more BepubUcs to act to time to stop
the danger.

U would be ziict If there could issue Xrom
the 11th meeting of American statesi. to meet
at Quito. Ecuador, to February 1060. a deda-
latlon on the Unes of the Act of Havana of
IMO. giving a Biandate for individual or Jotot
action to pravwnt the totarnational Commu-
nist system of the OU Worid extending ItseU
to an Amsiloan state, directly or iadirsctly,
and thereby threatening the peace and secu-
rity of the A,*"—'*^— " republios.

It is not known whether our Department
of State is endeavoring to put such a busi-
ness on the agenda for the Quito of ConXer-
enee. It oi«hi to be a major goal of our
Oovemment to saenrs this kind of decOara-
Clon. 8u^ a |»oposal. todden tally, would
be a toudutons to rsvsal Chs degree at Oosn-
muntet power wlthto the various delegations.
However. It Is not Ukely. to the present
condition o* Inter-Amerlcan relations, that
sudh a dedanrtlon would be accepted by even

a bare xa&iorttj of the states — and the emer-
gency may be upon us even before the meet-
ing at Qatfeo next February. Already the
Cuban dlctator^ip has announced Its inten-
tion to buy Jet planes from inside the Iron
Curtain.

The dilemma of our Latto American policy
today Is whether, on the one hand, to Inter-
pret the toter-American doctrine of nonto-
tsrventlon so as to permit a non- American
power to extend its revolutionary system to
the New World by capturtog a republic to
the Caribbean or Central America, now witlk-
to easy bombing ran^e of the United States
and of the Panama Canal; or. on the other
band, to prepare some anti-interventionist
action within the framework of the toter-
American peace stnicture tluit woiUd really
prevent tlie totervention of international
conununlsm. That is: Inter-Amerlcan inter-
vention to prevent non-American interven-
tion, one horn of the dilenuna; or the otber
horn of absolute nontoterventlon to permit
the ittterventiOB of totemattonal communism
to establish its system to the Western Heml-
sphere.

Urr SOXKETHIHC BE DONE NOW TO DETEB COM-
iromST INSOADS

In 1910, the Congress acted promptly to
tbs face of the danger arising from the war
to Europe. Let it now pass an analogous
resolution, to make It clear to our friends
and enemies, all over the globe, that Uiis
Government is determined wlthto its in-
herent right of self-defense, and wlthto the
purview of the pristine Monroe Doctrine,
and indeed of the Pact of Bio and the intar-
Amerlcan peace structure, not to permit
the totervention ot internati<xuU oommu-
uism to endanger the peace and security of
the United States, and of all the Rcpuhllos
of this hemisphere — ^indeed, the balance of
power for freedom against slavery to Ukt
entire globe.

Such a resolution against the totervention
of toteruational communism— couched to
the language at the Monroe Doctrine, the
Rio Pact, and the nontoterventlon dedaia-
Uons of Washington (1961) and Caracas
(1954), and the recent Declaration Na XI
of Santiago <1959) — should provide for the
administration of the state thus defended
or rescued, by the same toter-American aw-
thority and msclUnery set up to the Havana
Convention of 1040 for the provisional ad-
ministration <tf European colonies and pas-
sessions in America threatened by a transfer
of sovereignty.

Thus sUpulated. there need be no appre-
hension on the part of our good xMighbaes
that the United States would be reverti^B
to t^e old system that characto'ized the In-
terventions against European Imperialist
totervcntioB to this hemisphere during the
ftnt quarter of our century.

Such a poUey would protect the doctriae
of nontotorentian against the new tech-
nique of toterventton by International com-
munism, and would do so wlthto the spirit
of the inter-American peace and defense
treaties. It would not watt for the aecom-
pllshed fact of a leap of the Communist
revolution across ti>e Atlantic to uproot the
Momxw Doctrtoe to the Mew World, as it
has alrsady destroyed the open-door policy
to China. By thus assumtog the initiative
la the Kew World, we can also defend the
global balance of power on which the peaee
and security of the United SUtes and of
our sister Republics of America to the world
must depend during the coming decade.

WHT watt fox the blows TO FALL?

It is toe much the practice of the United
States, to tiie continuing world crisis of oar
time, to let the Initiative rest with the en-
emy, to wait for the blows to fall and only
then endeavor to improTlse some action to
fend them off.

I

^^1^1^ n ¥?c c irvM AT B vrcMi n — SENATE

Jantuiry 9

1961

CONGRESSIONAL RECX)RD — SENATE

«

I

4

'1

I

364

Let something be done now. before it la
too late, to deter the action. Congress ought,
at the beginning of the next '»««;°" '" -^f"-
uary immediately, on the eve of the Quito

conference, to paM a M'^* /"°»V"°°
analogous to that of June 18. 1940. explicitly
pointed at the present fact or situation

If the Quito Conference doesn t bacK u
up then the United States, acting under
the prlsUne Monroe Doctrine, must do so.
The act of faith known as the good-neighbor
policy and the freedom of the New World—
but. most essentially, the security of the
United States and the blessings of liberty
invoked in our Constitution— are now at
stake.

DXPARTMKNT OF STATE PRE.SS RELEASE,

NOVEMBEX 18. 1960

ASMS BUILDUP IN CUBA

In a note addressed to the Secretary Gen-
eral of the Orgfintzatlon of American States
on October 28 (Department of State Press Re-
lease No. 832). the U.S. representative to the
Council of the Organization of American
States stated that the Cuban Government
has been receiving substantial quantities of
arms from various sources. In response to
numerous queries as to the nature of this
arms buildup, th_ Depturtment is making
public Information on this subject which has
been compiled from a number of sources
which are considered to be reliable.

Since Fidel Castro came Into power, Cuba
has created and armed a military force 10
times the size of that of ex-Presldent Pul-
genclo Batista and far larger than any army
In Latin America.

Added to the arms already held by the 26th
of July movement (approximately 8.000 men)
upon Castro's assumption of power, the re-
gime took over materiel sufficient for an army
of 25.000 men. These supplies provided a
formidable arsenal for the Castro government
at Its outset. In addition, the Castro regime
accepted delivery of considerable ammunition
contracted for by the Batista government
and also sent special missions to Europe for
the purpose of purchasing even more war
materiel.

Cuban arms purchases Include not only
sufficient small arms, according to Pldel Cas-
tro's own announcement, to equip Cuba's
militia, whose numbers now total more than
200.000 persons, with late model weapons
but also large quantities of heavy equipment
Of a variety of types.

The tempo of arms deliveries to Cuba has
stepped up noticeably since the seventh,
meeting of foreign ministers in August of
this year and Castro's subsequent rejection
of the San Jose resolution, which condemned
extracontlnental Intervention in the affairs
of the hemisphere and the acceptance by an
American Republic of an extracontlnental of-
fer of intervention. Slgnlflcantly, recent
arms shipments to Cuba have originated ex-
clusively in Iron Curtain countries. Spokes-
men of the Cuban Government have clearly
Indicated its intention to continue to depend
upon the Sino-Sovlet bloc nations, princi-
pally the UJ8J3JI. and Czechoslovakia, to
build their war materiel stocks. The bloc
nations apparently desire to contribute to
Caribbean tensions by burdening the Cuban
economy with excessive arms purchases and
by supporting the aggressive policies of the
Cuban Prime Minister.

At least 12 Soviet ships have delivered arms
and ammunition to Cuba since July of this
year, the most recent being the Psow which
imloaded aporoxlmately 6.000 tons of arms
at the port of Preston, Cuba on November 7,
1960. Total Soviet bloc arms provided to
the Castro government amount to at least
28,000 tons.

Attached is a tabulation of arms and am-
munition estimated to have been Imported
Into Cuba since Castro assumed power on
January 1, 1969.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

965

Estimate of items included in military
imports by Castro government

Soviet

bkw

sourcM

Automatic rifles:

Ctcch

Other types

Total

SuJimachlne pins

MiiohliiPKuns (Includ-
ing ..*iO calilxr)

Flamethrowers

Mortars

Tank.i

Assault RUns

Armored personnel

ourlors

FU'ld KUi»s

1Iowit7.<>rs

Kockct launchers

Antitank Riins

AnliairiTuft ttiuia

llcliwplfrs, Soviet

Mobile radar, Soviet

niotl»'l

Mig aircraft

Aiuuiuuition (rouuds):

Assorted ammunition
(i)oun(to)

Rille

MaohiiM'RUiis

Hand uri'nades

.VrtiUery shells

Hocliets, 3.5-lnch..

Other
sources

46,000

10,000

ISO
40
10

00
25
86

ao

00

w

10

16

8

12.000,001)

Total

'48,000

■"i[666
aoo

104
15

16
70

44,7»4.000

l.UUU.OOO

20,001)

> 43. 736

H.00O

03.000
11.000

200
7

264
69
10

«0
25
71
100
flU

ft)

16

8

12.000.000

44,734,000

1,000,000

20,000

■43,735

8,000

1 Plus 835 boxes.

Responsibilitt or Cuban Government ro«
INCREASED International Tensions in the
Hemisphere

introduction

The present document is submitted to the
Inter- American Peace Committee In response
to the committee's requesU addressed to the
American Governments for Information and
points of view which would aid the com-
mittee's study of Caribbean tensions. In
this document, the United SUtes presents
certain Information and vlewpolnto which
are additional to those presented to the
committee on June 27, 1960, in a memoran-
dum entitled "Provocative Actions of the
Government of Cuba Against the United
states Which Have Served To Increase Ten-
sions in the Caribbean Area." The present
document deals principally with two addi-
tional subjects of major concern: the rela-
tions between the Revolutionary Government
of Cuba and the Slno-Soviet bloc; and the
emergence of a dictatorial pattern of po-
litical control in Cuba. The document also
categorically rejects Cuban imputations and
charges that the United States has violated,
or contemplates any action which would vio-
late, principles which are consecrated in the
United Nations Charter and the various In-
ter-Amerlcan agreements to which it is sig-
natory.

1. Relations between Cuba and the Sino-

Soviet bloc
International tensions in the Americas
have been heightened by the nature of the
relations that have developed during the
past year between the revolutionary gov-
ernment of Cuba and the Governments of
the Soviet Union, Communist China, and
other countries belonging to the Slno-Soviet
bloc. The maintenance of commercial and
other normal relations by the Cuban Gov-
ernment with the countries belonging to the
Communist bloc might not of Itself cause
concern to other countries. However, the
increasingly intimate relationships estab-
lished between the revolutionary Government
of Cuba and the Governments of the Soviet
Union and the Peoples Republic of China
and other countries associated with them,
are such as to create a deep concern on the
part of other American Governments because
of the growing evidence of the intention of
the Communist powers to exploit these re-
lationships for the purpose of actively Inter-

vening in the affairs of the American Con-
tinent.

Statements of Soviet Russian and Commu-
nUt Chinese leaders indicate that the Slno-
Soviet powers are attempting to use the
Cuban revolution as an instrument of foreign
policy with the objectives of increasing
world tensions, undermining hemispheric
solidarity and carrying forward their aggres-
sive attacks against the free world, and
especially the United States. The Com-
munist powers, moreover, not only support
the revolution in Cuba itself, but openly
espouse it as a dictatorial pattern that should
be applied to all of Latin America.

In May 1960. Prenaler NiklU Khrushchev
expressed approval of the Cuban revolution:
"I can but welcome the events In Cub*,
where tlie people proudly and courageously
rose up under the banner for the struggle
for their independence. I am convinced that
other Latin American countries will also
rise up In the ttrtiggle and applaud their
successes In this fight."

On June 22, 1960, Peng Chen, a member
of the Politburo of Communist China, spoke
in similar terms:

"Enjoying the sympathy and support of
the Socialist camp, the correct fight of the
people of Asia. Africa, and Latin America
against Imperialism and its lackeys U rapidly
developing and has become an historical un-
controllable torrent. The valiant people of
Cuba have given a brilliant example for the
peoples of Latin America • • • Only
through • • • waging a resolute fight
against the American Imperialists and their
lackeys and isolating the American Imperial-
ists to the maximum, can the war be pre-
vented and world peace defended."

On July 9, 1960. Premier Khrushchev
added to a statement of support a military
threat :

"We shall do everything to support Cuba
In her struggle. We will help our Cuban
brothers fight an economic blockade and the
blockade will be a failure. Now the United
States is not so unreachable as It once was.
Speaking figuratively, in case of necessity.
Soviet artillerymen can support with rocket
fire the Cuban people if aggressive forces In
the Pentagon dfire to start Intervention
against Cuba."

Cuban leaders have acknowledged the
statemenU of the Slno-Soviet leaders with
expressions of friendship and gratitude.

Captain Antonio Nvifiez Jlm6ne«. Director
of the National Agrarian Reform Institute,
on June 8, 1960, said that Cuba was "the
Soviet Union's greatest and most loyal
friend." On July 10, 1960, President Osvaldo
Dorticds, saying that the economic war had
begun and that "tomorrow there may be
armed war," stated:

"Tonight we hall the message of solidar-
ity spoken by the Prime Minister of the
Soviet Union and coming to lu in our most
difficult hour. But of course this solidarity,
which Is a guarantee of world peace, must
not diminish our efforts of preparation. We
must prepare ourselves better than ever
every day. more peasants In the mllltla.
more students In the mllltla, more workers
and women and men in the mJUtia." (Dr.
Castro gave substance to the statement of
President Dortlc6« by stetlng on July 26.
1960. that "this is the last time that the
mllltla win have to march without rifles.
The arms for the mllltla are already here. In
the national territory." Dr. Castro has
stated that Cuba will arm a mllltla of
100,000 men.)

The same day. Dr. Ernesto Guevara, point-
ing out that "We are practically the arbiters
of world peace," stated:

"The people of the world are with us and
against North American imperialists. The
Prime Minister of the UJ3.SJt. has said that
If the United States invades Cuba, it will
mean not only death and destruction In

V

Cuba, but alao the launching of tremendoua
destructlTe force from the U.8.8.R. against
Cuba's aggressor. They must be careful,
those sons of the Pentagon . . . who up to
now have been flaunting their arro-
gance throughout Amsrloa. Let them take
thought. We are defended by one of the
most powerful military forces in history."

On July 21. 1900, Major RatU Castro stated
that the Soviet Union would "use all means,
at its disposal to prevent an armed interren-
tion of the United States against the Re-
public of Cuba," and that Cuba was pro-
foundly grateful for "the political and moral
support the Soviet Union U giving the Cuban
people."

High officials at the Cuban Government, in
concert with the sUtements of Soviet and
Chinese Communist leaders, have frankly
sUted their desire that the Cuban revolution
be taken as a model for similar revolutions
throughout Latin America. Dr. Castro said
on July 26, 1960: "We promise to conUnue
making the nation the example that can
convert the Cordillera of the Andes into the
Sierra Maestra of the American Continent."
In Alexandria, Kgypt, on July 27, 1960. Ratil
Castro said that Cuba would "defend • • •
the revolution of 200 mUlion Latin Americans
that consider the Cuban revolution as their
own revolution."

In a speech before the Latin American
Youth Congress In Havana on July 20, Dr.
Guevara called upon the Latin American na-
tions to choose sides as "friend or foe." The
friendship of the Slno-Soviet bloc, he said,
"can be the basis for the carrying out of
the American revolution."

The threatened Intervention of the Soviet
Union — to the extent of suggesting missile
warfare — has been based upon the alleged
intention of the United States to Inter-
vene in Cuba with military force. The com-
plete lack of foiudatlon for such allegations
was dlsctissed In the memorandum presented
to the Inter-American Peace Committee by
the United States on Jtme 27. Cuban officials
have, while haUing the offers of mUltary
support from the Soviet Union, conven-
iently disregarded the repeated assurances
expressed by the President, the Secretary of
State, and other high officials, that the
United States, far frcan having any aggressive
designs, intends fully to live up to its Inter-
Amerlcan and other International commit-
ments which obligate it to refrain from any
form of Intervention or aggression and to
seek the solution of international contro-
venlM by peaceful means.

2. Emergence of a dictatorial pattern of
political control in Cuba

The close association between the revolu-
tionary government of Cuba and the Slno-
Soviet bloc, and the encouragement by the
communist powers of revolutionary move-
ments patterned on the Cuban model In
other Latin American coimtries, give par-
ticular grounds for concern over develop-
ments In Cuba that have a bearing upon
principles and objectives of the American
Republics set forth in the charter of the
Organization of American States.

The revolutionary government of Cuba
came to power with the sincere applause and
good wishes of the peoples of the United
States and other friendly countries, who were
impressed by the valor of the revolutionaries
and by the lofty alms professed by the 36th
of July movement. Hie almost Immediate
recognition granted to the new government
made evident the sincere desire of other
governments In the hemisphere to give it all
possible friendly support.

Many of the pronouncements and Initial
acts by leaders of the 26th of July Move-
ment gave hope that Cuba would assume the
position of a leader in the common struggle
of the peoples of America for freedom and
representative democracy, and for the eco-
nomic and social reforms necessary to btiild

a better human life. Dr. Castro was ac-
claimed as a new figure on the American
scene who was genuinely Interested In the
welfare of his people, who was dedicated to
a program of democracy and economic bet-
terment, and who would seek ways of
strengthening the bonds of hemispheric sol-
idarity by giving renewed vigor to principles
and objectives which underlie the Inter-
American system.

Unfortunately the opp>o8lte has taken
place with reference to the political struc-
ture being erected in Cuba by the revolu-
tionary government. Instead of building
upon the basic elements of a democratic
system as set forth in the declaration of
Santiago, the Cuban Government has In-
creasingly followed practices and adopted
formulas, typical of dictatorial political
systems.

In the declaration of Santiago certain of
the main principles of the democratic system
In this hemisphere were set forth, with no
attempt to be complete, "so as to permit
national and international public opinion
to gage the degree of Identification of po-
litical regimes and governments with that
sjrstem, thus contributing to the eradica-
tion of forms of dictatorship, despotism, or
tyranny, without weakening respect for the
right of peoples freely to choose their own
form of government." A recital of the facts
of political developments In Cuba In relation
to the principles of the declaration of San-
tiago is Included In the body of this docu-
ment. These developments have all been
publicly proclaimed. The record clearly
demonstrates, among other factors, the ab-
sence of any move to hold elections, the
virtual prohibition of political opposition,
the practical elimination of freedom of the
press and other violations of fvmdamental
human rights.

Repeated statements by Prime Minister
Castro and his associates have Impugned the
value of democratic elections and have Indi-
cated a clear intent not to hold elections In
the foreseeable future. Thus, the revolu-
tionary government of Cuba perpetuates
Itself In power without an electoral mandate
or any fixed term of office.

Political opposition has been virtually
eliminated. All opposition parties have been
driven undergroimd or eliminated and many
of their leaders have sought asylum In other
countries. Only the Partldo Soclallsta Pop-
ular (Communist Party) is permitted to act
openly.

Freedtxn of the press, radio, and television
has been virtually extinguished. There exist
In Cuba today almost no Independent organs
of public opinion. Newspapers and radio
and television stations have been taken over;
and editors and publishers who did not con-
form to the official views of the revolutionary
government have been forced to seek asylum
and flee to other countries. Outstanding
among these was the recent case of Miguel
Angel Quevedo, editor of the Internationally
known magazine Bohemia, who had been
one of the most enthusiastic and powerful
supporters of the revolution. The text of
the Impressive statement made by Dr.
Quevedo when he sought asylum in the
Venezuelan Embassy in Habana Is Included
in the body of this document.

Individual liberties have been suppressed
by military trials and summary executions,
imprisonment for political activities, forced
exile and the arbitrary Imposition of penal-
ties for crimes vaguely described as counter-
revolutionary which has generally meant any
opposition to the revolutionary government.
Antlconununlsm has been defined as cotm-
terrevolutionary. The labor movement has
also been deprived of its democratic char-
acter and converted into an instrument of
control by the revolutionary government in
disregard of the expressed will of the mem-
bership of labor organizations.

The course of political developments ta
Cuba outlined above, and described in detail
in the body of this document, has had an
IneviUble effect upon the standing of Cuba
In the Inter-Amerlcan community. In-
creasing numbers of exiles have sought ref-
uge In fOTelgn lands. In the beginning, most
of these were persons associated with the
previous regime. The last several months
have, however, seen an increasing flight of
exiles who had been actively associated with
the revolution In Its early days but whose
independence or difference of opinion had
resulted In danger to their personal safety.
Former Provisional President Manuel Urrutla
and MaJ. Huber Matoe. one of the chief
military Ueutenanto of Dr. Castro in the
revolutionary movement, are now political
prisoners. Dr. Jo86 Mlr6 Cardona, first
Prime Minister of the Revolutionary Gov-
ernment, has sought asylum In the Embassy
of Argentina in Havana. The presence of
opposition leaders in other countries has
been accompanied by intensified complaints
by the Government of Cuba agtiinst other
governments, particularly the United States,
for harboring what it terms "war criminals."
The developments in Cuba outlined above
are a particular caxise of concern on the part
of the Government and people of the United
States because of the relationship between
these developments and the growing Com-
munist Infiuence on Cuban policy. This in-
fluence has been refiected in the emergence
of the Communist Party (Partldo Soclallsta
Popular) as the main political organization
In Cuba. Like other Communist parties. It
is of course responsible to the dictates of the
Soviet Union.

Conununlst Infiuence existed in the early
days of the Cuban revolution, but Its growth
since that time has been rapid and contin-
uous. With the active cooperation of Raill
Castro and Ernesto Guevara, whose sympathy
for Communist purposes and methods is
well known, Communists have been placed
In key positions throughout the revolu-
tionary government where they are now
deeply involved In remodeling Cuba along
dictatorial lines. By July 17. 1969. Com-
munist control was sufficiently strong to force
the resignation of Provisional President
Manuel Urrutla because he had criti-
cized Communist Influence In the govern-
ment. By October of that year, the Commu-
nists had seized control of the Cuban
Confederation of Labor and the Federation of
University Students at the University of
Habana. (In July 1960, the federation took
control of the university.) Also in October
1959, Communist control of the armed fences
was accelerated by the appointment of Raul
Castro as Minister of the Revolutionary
Armed Forces.

In June 1960. it was possible for Captain
Antonio Ntiftez Jimenez to state in Moscow
that "The Communist Party of Cuba is the
party whose members are receiving the bene-
fits of the revolution." A few days later
Dr. Castro oMifirmed that "antlcommunism
U counterrevolutionary." On July 9, 1960.
Paur* Chom6n. who has been named Cuban
Ambassador to Moscow, stated:

"I wonder if you have ever thought about
what political party is now ruling Cuba. We
all know that the revolution is led by a group
of revolutionary comrades. But what party
do they represent These comrades belong
to the revolutionary party. Little by little
we have been forming a revolutionary party.
The several revolutionary gp-oups have united
in order to make the revolution a success.
Our revolutionary party is composed of the
active members of the 26th of July move-
ment, the SoclalUt (Communist) Party, the
Revolutionary Directorate and the other

groups."

When It Is considered that most of the
non-Communist leaders of the 26th of July
movement are "inactive" and others have
defected and been forced into exile, and that

_.^m.'r.#^'r>Tir^^¥y-km.T A T D B/^/^D Fk .

QPMATF

Januai^ 9

1961

CONGRESSIONAL RECORD — SENATE

Sfi?

11

368

ttas revoIuttoMry directorate bM only nom-
Uxjd exl»tenc45, the CommunUt Party emerge,
as the BOle remaining member of the riUlng
groups menttonecL

Itom the above, it i« therefore clear that
not only ta Cuba under Ita revoluUonary gov-
ernment being transformed rapidly Into a
dictatorial poUtlcal state, but a state in
which the reina of political control are in-
creasingly being concentrated In t^e handa
of the Communist Party, thereby contribut-
ing to the general subversive of the revo-
lutionary government of Cuba to the
ourpoMt of the Sino-Sovlet bloc. These de-
ir«lopm«nU cannot fail to Increase Intema-
Uonal tensions not only in the Caribbean
area but throughout the American Continent
and place in Jeopardy the cooperation of the
American SUtes as well as the purposes and
principles of their Organization.

Act or BoootA
aiXASXTSB waa. social impeovi:mi:nt and eco-
nomic DSVXLOPMINT wrrHIN TH« r»AM«-

woax or ofkkatiom par ambeica
The Special Committee To Study the For-
mulation of New Measures for Economic
Cooperation,

Recognizing that the preservaUon and
strengthening of free and democratic institu-
tions in the American Republics requires the
acceleration of aoctol and economic progress
In Latin America adequate to meet the legiti-
mate aspirations of the peoples of the Amer-
icas for a better life and to provide them the
fullest opportunity to improve their status;

Becognlzlng that the Interests of the
American Republics are so Interrelated that
soiuui social and economic progress In each
Is of Importance to all and that lack of It
In any American republic may have serious
repercussions in others;

Cognizant of the steps already taken by
many American Republics to cope with the
serious economic and social problems con-
fronting them, but convinced that the mag-
nitude of these problems calls for redoubled
•Sorts by governments and for a new and
vigorous program of Inter-Americnn cooper-
ation;

Recognizing that economic development
programs, which should bo urgently
strengthened and expanded, may have a de-
layed effect on social welfare, and that ac-
cordingly early measures are needed to cope
with social needs;

Recognizing that the success of a coopera-
tive program of economic and social progress
will require maximum self-help efforts on the
part of the American Republics and, in many
cases, the improvement of existing Institu-
tions and practices, particularly in the fields
of taxation, the ownership and use of land,
•ducatlon and training, health and housing;

Believing It opportune to give further prac-
tical expression to the spirit of Operation
Pan America by Immediately enlarging the
opportunities of the people of Latin America
for social progress, thus strengthening their
hopes for the future:

Considering It advisable to launch a pro-
gram for social development, in which em-
phasis should be given to those measures
that meet social needs and also promote In-
creases In productivity and strengthen eco-
nomic development.

Recommends to the CoimcU of the Organ-
ization of American States :

I. MKASUaZS rOB SOCIAL mraOVElCKNT

An inter-American program for social de-
TClopment should be established which
should be directed to the carrying out of the
following measures of social improvement in
Latin America, as considered appropriate In
each country:

A. Measures for the Improvement of con-
ditions of rural living and land use:

1. The examination of existing legal and
Institutional systems with respect '

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

367

(a) Land tenure legislation and facUlttss
with a view to Insuring a wider and more
equitable cllstributlon of the ownership of
land. In a msp"*'- conslsUnt with the objec-
tives of employment, producUvlty. and eco-
nomic growth;

(b) Agricultural credit Institutions with a

view to providing adequate financing to In-
dividual farmers or groups of farmers;

(c) Tax systems and procedures and fiscal
poUcies with a view to assuring equity of
taxation and encouraging improved use of
land, especlaUy of privately-owned land
which Is idle.

2. The initiation or acceleration of appro-
priate programs to modernize and Improve
the existing legal and Institutional frame-
work to insure better conditions of land
tenure, extend more adequate credit facil-
ities, and provide Increased IncenUves In the
land tax structure,

3. The acceleration of i--he preparation of
projects and programs for :

(a) Land reclamation and land settle-
ment, with a view to promoting more wide-
spread ownership and efficient use of land,
particularly of unutilized or underutilized
land; ^^ .

(b) The Increase of the producUvlty of
land already in use; and

(c) The construction of f ann-to-market
and access roads.

4. The adoption or acceleration of other
Oovernment service programs designed par-
ticularly to assist the smidl farmer, such as
new or Improved marketing organization; ex-
tension services; research and basic surveys;
and demonstration, education, and training
facillUes.

B. Measures for the Improvement of hous-
ing and community facilities:

1. The examination of exisUng policies in
the field of housing and community facili-
ties, including urban and regional planning,
with a view to Improving such policies,
strengthening public Institutions and pro-
moting private initiative and participation in
programs in these fields. Special considera-
tion should be given to encouraging finan-
cial institutions to Invest in low-cost boxising
on a long-term basis and In building and
construction industries.

2. The strengthening of the existing legal
and institutional framework for mobilizing
financial resources to provide better housing
and related facilities for the people and to
create new institutions for this purpose
when necessary. Special consideration
should be given to legislation and measures
which would encourage the establishment
and growth of:

(a) Private financing Institutions, such
as building and loan associations;

(b) Institutions to Insure sound housing
loans against loss;

(c) Institutions to serve as a secondary
market for home mortgages;

(d) Institutions to provide financial as-
sistance to local communities for the devel-
opment of facilities such as water supply,
sanitation, and other public works.

Existing national institutions should be
utilized, wherever practical and appropriate.
In the application of external resources to
further the development of housing and
community facilities.

3. The expansion of home building indus-
tries through such measures as the training
of o-aftsmen and other personnel, research,
the Introduction at new techniques, and the
development of construction BtandardB for
low- and medtum-cost housing.

4. The lending of encouragement and as-
sistance to programs, on a pilot basis, for
aided self-help boosing, tor the acquisition
and BUbdlTlsion of land for low-cost housing
developments, and for Industrial housing
proJiects.

C. Measures for the improvement of edu-
cational systems and training facilities:

1. The reexamination of educational sys-
tems, giving particular attention to:

(a) The development of modern methode
of mass education for the eradication of Il-
literacy;

(b) The adequacy of training In the In-
dustrial arts and sciences with due emphasis
on laboratory and work experience and on
the practical application of knowledge for
the solution of social and economic prob-
lems;

(c) The need to provide Instruction in
rural schools not only In basic subjects but
also In agriculture, health, sanitation, nutri-
tion, and In methods of home and com-
munity improvement;

(d) The broadening of covu-ses of study
In secondary schooU to provide the training
necessary for clerical and executive person-
nel in industry, commerce, public adminis-
tration, and community service;

(e) Specialized trade and indxistrtal edu-
cation related to the commercial and Indus-
trial needs of the community;

(f) Vocational agricultural Instruction:

(g) Advanced education of administrators,
en^-lneers, economists, and other professional
pereonnel of key Importance to economic
development.

D. Measures for the Improvement of public

health:

1. The reexamination of programs and
policies of public health, giving particular
attention to:

(a) Strengthening the expansion of na-
tional and local health services, especially
those directed to the reduction of Infant
mortality:

(b) The progressive development of health
Insurance systems. Including those providing
for maternity, accident and disability Insur-
ance, in urban and rural areas;

(c) The provision of hospital and health
service In areas located away from main cen-
ters of population;

(d) The extension of public medical aert-
Ices to areas of exceptional need:

(e) The strengthening of campaigns for
the control or elimination of communicable
diseases with special attention to the endlea-
tlon of malaria;

(f) The provision of water supply facul-
ties for purposes of health and ecosianxle
development;

<g) The training of public health oMcUU
and technicians;

(h) The strengthening of programs of nu-
trition for low-income groups.

S. lieasures for the nu>billzatlon of don^es-
tlc resources:

1. This program shall be carried out within
the framework of the maximum creation of
domestic savings ard of the Improvement of
fiscal and financial practices;

2. The equity and effectiveness of existing
tax schedules, assessment practices and col-
lection procedures shall be examined with a
view to providing additional revenue for the
purpose of this program;

T ''S. The allocation of tax revenues shall be
reviewed, having In mind an adequate pro-
vision of such revenues to the areas of social
development mentioned In the foregoing
paragraphs.

u. caxATioN or a spscial fund fob social

DCVKLOrMENT

1. The delegations of the goremments of
the Latin American Republics welcome the
decision of the Oovernment of the United
States to establish a special Inter-American
fund for social development, with the Inter-
American Development Bank to becotne the
primary mechanism for the administration of
the fund.

a. It Is understood that the purpose of tb«
special fund would be to contribute capital
resources and technical assistance on flexible
terms and conditions. Including repayment In

i

local currency and the relendlng of repaid
funds, in aocordance with appropriate and
selective criteria In the light of the re-
sources avsdlable, to support the efforts of
the Latin American countries that are pre-
pared to Initiate or expand effective institu-
tional improvements end to adopt measures
to employ efficiently their own resources with
a view to achieving {greater social progress
and more balanced economic growth.

lU. MXASintES rOK CO^NOMIC DEVELOPMENT

The special committee, having In view res-
olution VII adopted a^. the seventh meeting
of consultation of ministers of foreign af-
fairs expressing the need for the maximum
contribution of member countries in hemi-
sphere cooperation in the struggle against
underdevelopment, in pursuance of the ob-
jectives of Operation Pan America, expresses
its conviction —

1. That within the framework of Opera-
tion Pan America the c>conomic development
of Latin America requires prompt action of
exceptional breadth ic the field of interna-
tional cooperation and domestic effort com-
prising :

(a) Additional public and private finan-
cial assistance on the part of capital export-
ing countries of America. Western Europe,
and International lending agencies within
the framework of theli- charters, with special
attention to:

(1) the need for loans on flexible terms
and conditions. Including, whenever advis-
able In the light of the balance of payments
situation of individual countries, the pos-
sibility of repayment in local currency,

(11) The desirability of the adequate prep-
aration and Implementation of development
projects and plans, within the framework of
the monetary, fiscal, imd exchange policies
necessary for their effectiveness, utilizing as
appropriate the technical assistance of inter-
American and Intern.'itlonal agencies,

(HI) The advisability. In special cases, of
extending foreign flnsLnclng for the coverage^
of local expenditures:

(b) Mobilization of additional domestic
capital, both public and private:

(c) Technical aaslKtanca by the appro-
priate international agencies In the prepara-
tion and implementation of national and re-
gional Latin American development projects
and plans:

(d) The necessity for developing and
strengthening credit facilities for small and
medium private business, agrlctiltufe, and
Industry.

Recommends: (1) That special attention
be given to an expannlon of long-term lend-
ing, pariicularly In view of the instability of
exchange earnings of countries exporting pri-
mary products and of the unfavourable ef-
fect of the excessive accumulation of short-
and medium-term drbt on continuing and
orderly economic development.

(2) That xirgent attention be given to the
search for effective and practical ways, im-
propriate to each commodity, to deal with
the problem of the InstabUlty of exchange
earnings of countries heavily dependent
upon the exportation of primary products.

IV. MVLTILATXaAL COOPXBATIOK FOK SOCIAL AND
ECONOMIC FXOGIUESS

The special committee, considering the
need for providing instruments and mecha-
nisms for the implementation of the pro-
gram of lnt«r-Amerlcan economic and social
cooperation which would periodically review
the progress made and propose measures for
further mobilization of resources, recom-
mend*:

1. That the Inter-American Economic and
Social Council undertake to organize annual
consultative meetings to review tlie social
and economic progress of member countries,
to analyse and dlscuiis the progress achieved
snd the problems encountered In each coun-
try, to exchange opinions on possible meas-
ures that might be adc^Dted to intensify

further social and economic progress, with-
in the framework of Operation Pan America,
and to prepare reports on the outlook for
the future. Such annual meetings should
begin with an examination by experts and
terminate with a session at the ministerial
level.

2. That the Council of the Organization
of American States convene within 60 days of
the date of this act a special meeting of
senior government representatives to find
ways of strengthening and Improving the
ability of the Inter- American Economic and
Social Council to render effective assist-
ance to governments with a view to accept-
ing the objectives enumerated below, taking
into account the proposals submitted by the
delegation of the Republic of Argentina In
Document CECE/III-IS:

(a) To further the economic and social
development of Latin American countries:

(b) To promote trade between the coun-
tries of the Western Hemisphere as well as
between them and extracontlnental coun-
tries;

(c) To facilitate the flow of capital and
the extension of credits to the countries of
Latin America both from the Western Hem-
isphere and from extracontlnental sources.

3. The special meeting shall:

(a) Examine the existing structure of the
Inter-American Economic and Social Coun-
cil, and of the units of the Secretariat of the
Organization of American States working in
the economic and social fields, with a view
to strengthening and improving the Inter-
American Economic and Social Council;

(b) Determine the means of strengthening
Inter-Amerlcan economic and social coopera-
tion by an -administrative reform of the
Secretariat, which should be given sufBclent
technical, administrative, and financial flex-
ibility for the adequate fulfillment of Its
tasks.

(c) Formulate recommendations designed
to assure effective coordination between the

^Inter-Amerlcan Economic and Social Council,
the Economic Commission for Latin America,
the Inter-American Development Bank, the
United- Nations and Its specialized agencies,
and other agencies offering technical iidvice
^nd services in the Western Hemisphere.

(d) Propose procedures designed to estab-
lish effective liaison of the Inter-Amerlcan
Economic and Social Council and other re-
gional American organizations with other
International organizations for the purpose
of study, discussion and consultation In the
fields of international trade and financial
and technical assistance.

(e) And formulate appropriate recom-
mendations to the Council of the Organiza-
tion of American States.

In approving the Act of Bogota the Dele-
gations to the Special Committee, convinced
that the people of the Americas can achieve
a better life only within the democratic sys-
tem, renew their faith In the essential values
which lie at the base of western civilization,
and reaffirm their determination to assure
the fullest measure of well-being to the
people of the Americas under conditions of
freedom and respect for the supreme dignity
of the Individual.

AMENDMENT OF RULE RELATING
TO CLOTURE— AMENDMENT

Mr. KEATINO. Mr. President, I send
to the desk for printing — and it may be
that this matter will be reached during
the debate today over rule XXn, but, at
least, if it is not reached until tomorrow,
it will be helpful — an amendment which
I shall offer to the amendment in the
nature of a substitute submitted by the
Senator from Minnesota tMr. Htnt-
PHREY] and other Senators, to Senate
Resolution 4, submitted by the Senator

from New Mexico (Mr. Andkrsom], pro*
viding for adoption by a thi-ee -fifths
vote.

The PRESIDING OFFICER. The
amendment, will be received, printed
and lie on the desk.

AID TO DISTRESSED AREAS— ADDI-
TIONAL COSPONSORS OF BILL

Under authority of the order of the
Senate of January 5, 1961, the names of
Senators Schoeppel and Young of North
Dakota were added as additional co-
sponsors of the bill (S. 9) to assist areas
to develop and maintain stable and di-
versified economies and create new em-
ployment opportunities, and for other
purposes, introduced by Mr. Dirksen
(for himself anc other Senators) on
Januaiy 5, 1961.

EXPANSION OP SALINE WATER
CONVERSION PROGRAM— ADDI-
TIONAL COSPONSORS OF BILL

Under authority of the order of the
Senate of January 5, 1961, the names
of Senators Bible, Mundt, Kuchel, and
Long of Missouri were added as addi-
tional cosponsors of the bill (S. 22) to
expand and extend the saline water con-
version program under the direction of
the Secretary of the Interior to provide
for accelerated research, development,
dononstration, and application of prac-
tical means for the economical produc-
tion, from sea or other saline waters,
of water suitable for agricultural, in-
dustrial, municipal, and other beneficial
consumptive uses, and for other pur-
poses, introduced by Mr. Case of South
Dakota (for himself and other Senators)
on January 5, 1961.

SALINE WATER CONVERSION PRO-
GRAM—ADDITIONAL COSPON-
SORS OF BILL

Under authority of the order of the
Senate of January 6, 1961, the names of
Senators Yarborough, Clark, Moss, Wil-
liams of New Jersey, Church. Bible.
Carroll, Smathers, b:err, McGee, Can-
jfON, Jackson, Symington, and Humph-
rey were added as cosponsors of the bill
(S. 109) to expand and extend the saline
water conversion program vmder the
directiwi of the Secretary of the In-
terior to provide for accelerated research,
development, demonstration, and appli-
cation of practical means for the eco-
nomical production, from sea or other
saline waters, of water suitable for agri-
cultural, industrial, mimicipal, and other
beneficial consumptive uses, and for
other purposes, introduced by Mr. Ah-
DERSON (for himself and Mr. Grueninc)
on January 5, 1961.

PROGRAM OF WATER POLLUTION
CONTROL— ADDITIONAL COSPON-
SORS OF BILL

Under authority of the order of the
Senate of January 5, 1961. the names of
Senators Bennett, Randolph, Yar-
borough, Long of Missouri, and Hart
were added as additional cosponsors of
the bill (S. 120) to amend the Federal

m

n

I

368

Water Pollution Control Act to provide
for a more effective program of water
pollution control, introduced by Mr
Kerr (for himaell and other Senators)
on January 5, 196L

EVALUATION OF RECREATIONAL
BENEFITS FROM CONSTRUCTION
OP FEDERAL WATER RESOURCES
PROJECTS— ADDITIONAL COSPON-

SOHS OP BILL

Under a ithority of the order of the
Senate of January 5. 1961. the ^ames of
Senators Morse. Randolph. Yarborough,
Long of Missouri. FtrLBRiGKT, and Hart
were added as additional cosponsors of
the bUl (S. 121) to make the evaluation
of recreational benefits resulting from
the construction of any Federal water
resources project an integral part of
project planning, and for other purposes.
Introduced by Mr. Ktsa (for himself and
other Senators) on January 5. 1961.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

369

were ordered to be printed in the Record.
as follows.

By Mr. WILEY:
Letter from him to Bureau ckf Budget con-
cerning study of Great Lakes water level.

SPECIAL MILK PROGRAM FOR CHIL-
DREN—ADDITIONAL COSPONSORS
OF BILL

Under authority of the order of the
Senate of January 5, 1981, the names of
Senator* Randolph, Nkuberger. Pell,
and Morsk were added as additional co-
gponsors of the bill (S. 146) to extend
and increase the special milk program
for children, introduced by Mr. Paox-
MiRz (for himself and other Senators)
on January 5. 1961.

NATIONAL WILDERNESS PRESER-
VATION SYSTEM — ADDITIONAL
COSPONSORS OP BILL

Under authority of the order of the
Senate of January 5. 1961. the names of
Senators Jackson, KtrcHTL, LAtrscHi.

HUMPHRIY, NStTBEKCER. RANDOLPH, BYRD

of West Virginia, Proxmire, Scott,
WiLLiAKS of New Jersey, Douglas, Wilxy,
and Clark were added as additional co-
sponsors ot the bill (S. 174) to establish
a National Wilderness Preservation Sys-
tem for the permanent good of the whole
people, and for other purposes, intro-
duced by Mr. Anderson on January 5,
1961.

BIRTHDAY OP VICE PRESIDENT
NIXON

NOTICE OF HEARING ON EXPECTED
NOMINATION OF DEAN RUSK TO
BE SECRETARY OF STATE

Mr. FULBRIGHT. Mr. President, as
the Senate knows, it is the intention of
President-elect Kennedy to nominate
Mr. Dean Rusk, of New York, as his Sec-
retary of State. The Committee on For-
eign Relations proposes to hear Mr. Rusk
in open meeting at 10 o'clock Thursday
morning. January 12. in room No. 4221.
New Senate OfBce Building. Interested
Senators who wish to attend will, of
course, be welcome.

ADDRESSES. EDITORIALS. ARTI-
CLES, ETC., PRH.TED IN THE
RECORD

On recruest. and by imanimous con-
sent, addresses, editorials, articles, etc.,

Mr. DIRKISEN. Mr. President. I do
not wish to preclude the introduction of
bills, but I do wish to take occasion to
observe the fact that today is the 48th
anniversary of the natal day of the Vice
President of the United States, Richard
Nixon.

Apropos of that anniversary, let me
say, first, that the US. Presidency is
probably the choicest gilt within the
bestowal powers of the people of any
counti-y on the face of the earth; and
any person who is nominated and who
begets the esteem, the confidence, the
trust, and the admiration of his fellow
citizens and his fellow associates in the
common political cause becomes out-
standing by that fact in itself. And then
to have an opportunity to go before the
people of the country and present his
cause, and to have those efforts re-
warded by a great outpouring of his fel-
low citizens, and to fall behind by only
one-tenth of 1 percent, is a magnificent
tribute to a young man who today is
48 years old.

He has had a rich, fruitful, and con-
structive public career, particularly at
the Federal level. First, it was his privi-
lege to serve In the House of Representa-
tives; second, in the Senate of the
United States; third, for 8 years as Vice
President of the United States; and then
he became the candidate of his party for
the Presidency and received so great a
tribute from the American people.

Mr. President, never was he more
magnificent, never was he more superb,
than on last Friday, after we marched
to the Hall of the House of Representa-
tives for the purpose of complying with
the Constitution and statutes of the
United States, to count ofBcially the elec-
toral vote and to determine formally
and officially who was the President-
elect of the United States. As Vice
President Nixon then pointed out. not
within 100 years has it happened that
the loser should stand In his place, pre-
siding over a joint session of the House
of Representatives and the Senate — and.
Insofar as I know, it is the only time
when the Vice President does preside at
a joint session, there to become the initi-
ating officer in having the vote counted—
and then cwnply with the statute, and
announce the winner, and then extend
his felicitations. It was done in such
rare grace and under such — shall I say —
emotional circumstances, that it was a
double tribute to his poise, to his under-
standing, and to the fact that he would
have been magnificent in victory, as he
was even greater in defeat.

So today we mark the 48th birth an-
niversary of a great American, the Vice
President of the United States, PacHAiD
Nixon.

Mr. SALTONSTALL. Mr. President,
as one of the Republican Members of
the Senate who has had the opportunity
to sit beside the Vice President of the

United States in the weekly meetings at
the White House during the past 8 years,
I desire to Join our minority leader m
wishing Vice President Nixon a very
happy birthday on this, his 48th biith
annivei"sary.

I have always appreciated the wisdom
of his remarks, his abiUty to understand
quickly the problems which face us. and
the very helpful suggestions he has made
from time to time — not only suggestions
for the good of the country, but also
.suggestions of a more personal chai-ac-
ter, when we have met with him.

I join our minority leader in all the
remarks he has made about Vice Piesi-
dent Nixon.

What commends RiCHAao Nduhi so
highly to all of us in this time is his great
spirit of sportsmanship, as so ably dem-
onstrated by the manner in which he
has taken a very close defeat and the
manner In which he has conducted him-
self for the good of the NaUon. Richard
Nixon has always set an outstanding ex-
ample of high character and excellent
personal conduct throughout his career,
and in a way that has been partictUarly
notable since November 8.

So. Mr. President. I Join In wishing
Vice President Nixon a happy birthday
and great oppoitunities. in the days to
come, for future use to the country.
Today we salute both Vice President
Nixon and liis lovely wife, who has been
so fine a helpmate to him.

Mr. WILEY. Mr. President. I am
happy to join all Americana In wishing
a happy birthday to a great American,
a great patriot, public servant, model
husband and father— the Vice President
of the United States. Mr. Nixoh.

As an outstanding young man in
American political life, serving in the
House of Representatives, the U.S. Sen-
ate, and as Vice President. Dick has writ-
ten a splendid record.

As a pillar of tlie great Eisenhower ad-
ministration, Dick has drawn new re-
spedt and esteem, not only to himself,
but to the Vice Presidency.

He is a man of broad experience,
capability, and knowledge in domestic
and international problems, and a vet-
eran of the Second World War.

He is a man of high principle and
integrity— a statesman within the defini-
tion of Edmund Burke; "One who has
the disposition to preserve and the abiU-
ty to improve."

He is a family man. reflecting the high-
est standards to which Americans aspire
in homellfe. family relationships, and
public service.

He is a warm human being, attuned
to the needs of our people at all eco-
nomic levels and of all ages.

His career reflects the "poor boy to
success" story, according to the best
traditions of America.

True, he is a fighter. In these times of
trial and challenge, however, the countiT
needs fighters who are guided by real
principles and high morality.

I^ast Friday, as I sat in the front row
in the House of Representatives, and ob-
served Dick Nixon as he presided at the
meeting as the electoral votes were
counted, there came to my mind a state-
ment that I heard about him yean ago
when I was in Calif onila. right after his

election to the Senate. Someone said,
"The Senator is a man who is equal to
any emergency."

At that time, in victory, he was humble
and calm. Friday, while he was count-
ing himself out. he also was calm, pleas-
ant, manifesting a sense of humor and
a wonderful smile. I thought, as I ob-
served him. of the day after Caracas,
when the House passed a resolution
praising his courage and dignified con-
duct.

It was Cicero who said, "A man of
courage is full of faitti." Dick mani-
fested this same spirit when he was In
Russia talking to Khrushchev. No one
who observed him as he presided last
Friday — unless he krtew it — would have
said: "He is the defeated candidate."

A man who can keep his calm and his
poise like he has. after the experience he
went through, is not a defeated candi-
date. He has again demonstrated vic-
tory out of defeat, or, as the House reso-
lution put it, •'Courage and dignified
conduct."

In optimistically facing the future.
Dick continues to reflect the Christian
attitude and greatness of soul which
have marked his career in public life.

Upon his 48th birthday, we — all
America — extend heartfelt wishes not
only for a happy anniversary, but also
warm affection to his wife, Pat, and his
wonderful family.

Our best wishes come to him in the
knowledge that his career, as an out-
standing American win, I am confident,
continue to make a unique contribution
to the Nation he has served so wen.

Mr. President. I ask unanimous con-
sent that there may be printed in the
Record, following my statement, an edi-
torial from the Washington Sunday Star
of January 8. 1981. entitled "Mr. Nixon's
Farewell."

There being no objection, the editorial
was ordered to be printed in the Record,
as follows:

Ma. NixOMis FAaxwztx
Very few men like to loae. and Richakd
Nixon, one may be cure, is not to be counted
among their number. 8tUl. there is such
a thing as a genuine good loser, and the
Vice President's name ranks high on this
list.

Mr. NnoN demonstrated that he could
smile and accept the bitter disappointment
of defeat In his little talk to party workers
in Los Angles on the morning after the
election — in the weary hours when it be-
came apparent that Mr. Kennedy had won
the election. And he demonstrated it again
in his farewell remarks to Friday's Joint sos-
slon of Congress.

There are those, of course, who can see
nothing good in anything done by Mr. Nocon.
With these people, sniping and cynicism
have become a way of life. But they are In
the minority. Most Americans, we are sure,
will credit the Vice President with sincerity
when he stood before the Congress to extend
his best wishes to the winners. And why
best wishes? Because these winners now
must work ~ln s cause that la bigger than
any man's ambition, greater than any
party — the cause of freedan. of }t»tiee. and
peace for all mankind." This is not just a
form of words, not merely a pious exprea&lon
from a man play-acting In the role of good
loser. It happens to be true. And Mr. Nixon.
whatever his Implacable detractors may
think, has done well to rise above personal
disappointment and set the example of good

wiU and best wishes to those upon whom
the heavy burdens of victory soon wUI
descend.

Mr. AIKEN. Mr. President. I realize
there is little that I can add to what has
been said and what wiU be said concern-
ing the character of Richard Ndcon. I
consider Dick Nixon as the personifica-
tion of the spirit of good sportsmanship,
for which our country is well knom'n.

I was in New York, at the United Na-
tions, a few days after our Vice President
met with the President-elect in Florida.
It appeared to some of the representa-
tives from countries in distant parts of
the world that this was a rather unusual
circumstance, and some of them did not
seem to think It real that a defeated can-
didate for the Presidency could be with
the winner in such amicable circum-
stances. So I felt called urK>n to tell
them that in the United States, after a
free election — and we still do have free
elections — the defeated candidate did not
go Into exile, but. Instead, helped carry
on the affairs of the country, to the best
of his abilities.

Mr. President, we are sorry to have
Dick Nixon leave this body — at least, I
em sorry, and I know a great many of us
het- p are sorry to have him leave the post
of Presiding OfBcer. But as he joes back
to California and to private life, we
reallie that his interest in the welfare of
his country wiU not be lost to us

So I want to join with aU others in
wishing him the best for the future on
this his 48th birthday.

Mr. BUSH. Mr. President. I .iota ray
colleagues in wishing the Vice President
many happy returns en his birthday, and
at the same time I wish to express my
deep appreciation of the leadership he
has shown to the Republican Party and
to the United States, particularly during
the past 8 years. I can hardly Uilnk of
a Republican political leader who has
been under more severe attacks than has
Dick Nixom. At afi times he has shown
great courage, iron nerve, and a determi-
nation that has been at times magnifi-
cent.

I have a profound admiration for this
man. and I look upon his retirement in
the immediate future with extreme re-
gret. I wish hun health and happiness
for the future.

Mr. KEATING. Mr. President. I take
the deepest personal pleasure in extend-
ing to Vice President Nixon thf; best of
good wishes on this memorable occasion.
It has been my high privilege to serve
with the Vice President both in the
House, to which I was elected at the same
time and in the Senate. In the course
of this long and valued friendship I have
iinfailingly been Impressed by the great
qualities of mind and heart that he has
brought to every task, to every problem,
to every challenge with which he has
been confronted. The preeminent gifts
0* intellect and of leadership that he
possesses were given their full and due
recognition in 1960 when he was chosen
by his party as Republican candidate for
the Presidency of the United States. By
a hairline margin Dick Nixon was
defeated in the November election. It
must, however. l>e the supreme pride of
his life that bo many millions of his
fellow cltisens demonstrated the depth of

their belief in this outstanding American
by making him their choice to assume
the leadership of our great Nation. Al-
most unique in our history is the tribute
of more than 34 miUion American voices
speaking out theh* faith in one man.

It has been said that the mark of a
great man is the humility with which he
wears the laurel wreath of success. No
less a mark of greatness lies in the dig-
nity and grace with which a man accepts
the bitter taste of defeat.

Last Friday afternoon Dick Nixoh
cave to the Congress of the United States
one of its finest hours — yes. gave to this
Nation one of Its finest hours — ^when it
fell to his lot to announce the election
to the Presidency of his distinguished
rival and our deeply esteemed former
colleague In the Senate, President-elect
John P. Kennedy. What could have
been a difficult moment he turned into
an historic moment. In words which
deserve to be remembered he revealed to
us not only the grandeur of our cherished
democratic process, but also an example
of the kind of man whose h^ot and mind
and spirit form a part — a timeless, pre-
cious, indispensable part — of that na-
tional grandeur.

The Vice President will soon depart
from tills Chamber, but he win never
dep>art from the hearts and memories of
those who proudly lay claim to his
friendshft).

It is my fervent hope — a hope I know
is shared by all who know him — that in
the years to come Dick Ndcon will al-
ways know the deep toner happiness and
contentment by which life best I'ewai'ds
the man who gives the best of hhnself to
life.

Mr. BOGGS. Mr. President. I tbould
like to join with tJiose expressing con-
gratulations and best wishes to Vice
President Richard M. Nixoh on the oc-
casion of his 48th birthday.

Stoce January 1947. when we both first
entered the U.S. House of Representa-
tives. I have watched as a friend his
outstanding and disting\iished public
service. It has been intelligent, coura-
geous, and in the very best American
concept. His vigorous leadership and
great ability have been a source of
strength for our Nation and free peoide
everywhere.

His public service is greatly appreci-
ated and valued.

He is stUl a young man, yet seasoned
to meet great challenges and to serve his
fellow man. As he moves into the future,
I wish for him and his lovely wife and
children the most satisfying and re-
warding experiences.

Mr. CAPEHART. Mr. President, it is
a great pleasure for me to Join with my
colleagues in paying highly deserved
tribute to our esteemed Vice President on
his 48tti birthday. He hsis been with us,
and by that I mean with the legislative
branch of the Government since the 80th
Congress, following his election to the
House of Representatives on November 5.
1946. His service has included some time
in the S«iate and as Vice President since
1953.

Mr. President, while the record of this
young man is a matter of pride to all of
ttt it is something more than that to
Members of Congress from Indiana since

cvn-

-24

370

CONGRESSIONAL RECORD — SENATE

January 9

1981

CONGRESSIONAL RECORD — SENATE

371

the maternal side of his family stems
from good old Hoosier stock. His mother,
Mrs. Hamia Nixon, was born in Jennings
Comity, Ind. , ,

Perhaps no other man in American
political history, at age 48, has had such
an interesting, intensive and responsible
career as has om- friend, Dick Ndcon.

His service in the House of Repre-
sentatives is outstanding. He made a
name for himself there.

When he moved to the Senate his
great energy drove him to further
heights and certainly we aU know his
record as Vice Piesident is one that has
been unequaled in that position in Amer-
ican history.

Then he barely missed, and I mean
barely, the highest office in the land.
The tribute paid to him by the American
people in the last election speaks louder
than anything else.

I know that all of us wish for him and
his fine family continued success, health,
and happiness. . , ^. .^

Mr. BEALL. Mr. President, I should
like to join my colleagues who are today
marking the birthday of the President of
the U.S. Senate, Vice President Richard
M. Ndcon, by offering words of praise and
appreciation.

Here, in Richard Nixon, we have the
kind of greatness which has become a
symbol of American opportunity and
achievement. Here we have one bom to
humble surroundings. He worked in his
father's general store. Early In Vie he
learned the lessons of hard work, thrift,
and the kind of life which build moral
character, like most American boys, he
attended public schools. Prom early in
life, Richard Nixon had high ideals and.
like the typical American boy. high am-
bition. His story Is a Horatio Alger
story.

One cannot talk about Richard Nixon
without mentioning his wonderful wife,
affectionately called Pat. Pat Nixon
worked in hospitals and department
stores to gain a college education, and,
after her marriage to Dick, taught school
to help him through his law course.

By their own efforts, the Nixons rose
in esteem and prominence. While still
quite young. Richard Nixon was elected
to the UB. House of Representatives,
then to the Senate, and then to the Vice
Presidency.

He is still a young man. I am sure the
best part of his life is ahead. He has
much to offer a troubled world. The
world is going to hear a lot about Richard
M. Nixon for years to come. Of that, I
feel sure.

To Richard Nixon, whom I am proud
to call a friend. I say "Happy birthday
and many more."

Mr. KUCHEL. Mr. President. I pay
my sincere respects and offer hearty con-
gratulations to the Vice President of the
United States on the occasion of his
birthday. The pewle of California, I
have no doubt, would wish to Join their
representation on both sides of the aisle
in the Senate and in the House in warmly
felicitating the Vice President on this
day of his natal celebration^

California has honored tne Vice Pres-
ident of the United Stated on many oc-
casions. 80 have the people of the
United States. So, too, has the political

party — the RepuWican Party — to which
he and I and millions of others, belong.
On this occasion, as we celebrate his
birthday, and when the Senate is in-
volved in a debate of far-reaching and
transcendent importance on rules of pro-
cedure. I am particularly pleased to ob-
serve that it is Vice President Nixon, the
Presiding Officer of the U.S. Senate, who
with courage and with clarity has laid
before the Senate an opinion concerning
the power and responsibility of its Mem-
bers. It is an excellent guide for good
government in America and for good and
orderly procedure in this House of Con-
gress.

Shortly, the Vice President of the
United States will return to his native
State. Behind him is a record of hon-
orable service in the legislative and
executive branches of the Government of
our country. He takes with him the
best wishes of all of us in Government,
Democrat and Republican alike, for the
devotion to duty which he has displayed
in all the multitudinous and important
official labors by which he has served
his Nation.

Mr. COOPER. Mr. President, I wish
to associate myself with other Members
of the Senate in congratulating the Vice
President of the United States on his
48th birthday. I congratulate him for
all he has accomplished during his life.

To have served in the House of Rep-
resentatives, in the U.S. Senate, and as
Vice President of the United States for
8 years, to have been chosen by his party
as its candidate for President, and to
have received the vote of almost one-
half of the voters in the recent cam-
paign—all of these facts are eloquent
testimony of the success he has achieved
as a leader of this country. But I think,
in a deeper sense, we must recognize
that it is a record which has been based
upon the confidence of the people of his
State and of his Nation.

In his life, we know he has been criti-
cized, as are all men who work and take
strong positions.

I think it was Arthur Guiterman who
wrote:
For some are born to set things right.

While some are built for sneering.
And he that likes to work and flght
Must never mind the Jeering.

I think the great majority of the Amer-
ican people would agree that today the
Vice President holds the respect and af-
fection of the people as few men have
held that respect and affection.

I do not know what the Vice President
is going to do. but I am sure, whatever
he does, he will take to his task the same
ability, patriotism, and devotion to his
country that he has evidenced through-
out his life. %^

In many ways, I think the career of
Richard Nixon has been typical of the
best traditions of his country. He has
been an American epic, as has the life
of his wife. So today, in this very hum-
ble and inadequate way. I express my
own congratulations to the Vice Presi-
dent for what he has meant to our coun-
try, and for what I am sure he will mean
in the future.

Mr. MANSFIBU>. Mr. President, I
wish to join the distinguished Senator

from Kentucky in the remarks he has
just made about the birthday of the Vice
President of the United SUtes. The
Vice President, with whom I had the
honor and privilege of serving in both
the House and the Senate, has Indeed
grown in stature and in understanding.
I want to state again that I think he lias
shown an awareness of what our Gov-
ernment means, and what democracy
really is. He proved that by the mag-
nificent speech he made at the conclu-
sion of the counting of the electoral
votes on last FYiday.

The Vice President will leave the Sen-
ate shortly for other duties. I wish him
and his ftunily well, because I believe
that they have made real contributions
to the welfare of this country, and that
by what they have done they will long
be remembered.

Mr. MILLER. Mr. President. I should
like to add my comments to those which
have been expressed about the dis-
tinguished Vice President of the United
States. The people of Iowa have deep
love and affection for our Vice President.
I take this opportunity to extend him a
happy birthday greeting on behalf of the
people of my State, and to wish him
Godspeed in his future activities of
service to his country.

Mr. SCOTT. Mr. President, today
marks the birthday of the Vice Presi-
dent of the United States, and. with his
many friends on both sides of the aisle
and throughout the United States, as
well as in the still unliberated areas of
the world, areas which greeted him with
such wild and enthusiastic acclaim as the
symbol of freedom and of the unserving
devotion of our country to that cause,
on this day I congratulate him on the
observance of another birthday.

I should like to pay tribute to him
for his patriotism, his courage, his de-
votion to the public interest; the fact
that, whether in these Halls or on the
campaign trail, or in any other situa-
tion which he has confronted during his
vigorous life, he has. first of all. put
the welfare of the United States and of
its people first. He has conducted him-
self In this Chamber with fairness. He
has at all times gained the respect and
the admiration of the Members of the
Senate. He has on the campaign trail
demonstrated the kind of sincerity, fair-
ness, decency, and uprightness which
won the respect of the entire country and
the support of very nearly half of it in
the recent election.

Mr. President, the Vice President of
the United States goes now to other
fields of activity. Wherever they may
lead him, I know that all of us Join in
wishing for him enjoyment, serenity —
by comparison with the turbulent days
of the recent past — further opportuni-
ties to be of use to his country, and
above everything else, the thanks of the
American people for having demon-
strated that, as he did once again so
recently, the country is more important
and the welfare of its people is more im-
portant than the ambition of any man:
that we must at all times demonstrate
at home and abroad that we are a united
people and that, having established our
differences, it becomes ever so much
more important to establish our union

as a free people, deroted to a common
caiise. the security of the United States,
its welfare, its advancement, and its
standing in the good opinion of men of
good will through the world.

So I congratulate Dick Nixom, as
well as his lovely and most popular
helpmate, Pat. upon his birthday, and I
wish for them long life, happiness, and
continued opportunities for devotion to
the good of their fellow man and, if he
shall so desire it. for continuance In
public service.

Mr. CASE of New Jersey. Mr. Presi-
dent, I, too. rise in observance of the
birthday of Dick Nixon. I think all
the things that could be said have
already been said, and I do not want to
burden him or my colleagues with un-
due repetition. But over the years,
since we first met in the House, the Vice
President and I have been very close,
and I believe our association has been
one of mutual respect and ailection, as
well. It goes very deep.

On this occasion of his birth date
anniversary. I should like to point out
only one thing which I think is deeply
typical not only of Dick Nixon at his
best, but of Dick Nixon when he Is
truest to himself. Only last week, in
the joint session of the Senate and tlie
House, which met for the purpose of
receiving the ballots of the electors in
the recent presidential election, our
former colleague, and now Vice Presi-
dent, presided. The graciotis maimer
in which, in the unusual circumstances
* then prevailing, he conducted himself,
his words, not only gracious, but very
deeply moving, were typkal of the kind
of maturity. Insicht. and deep under-
staxKllng of America and the things that
hold us together.

I think it was most appropriate that.
Just before the anniversary of his birth,
he had occasion to conduct himself in
that siKuificant and moving manner.
For that, and all else, and particularly
ou a personal basis. I. along with my
other colleagues, wish him the warmest
and best greetings on this anniversary
of his birth date.

Mr. YOUNG of North Dakota. Mr.
President, today martcs the birthday of
one of our most distinguished Americans.
Vice President Richard M. Nixon.

His is truly a remarkable record com-
mencing early in Ufe. He came from a
family of very modest means, and had to
work tiis way through college. Both in
undergraduate school and in law school
he was an outstanding student. He ac-
quitted himself with much credit during
World War II as on officer in the UJ3.
Navy. Soon after the conclusion of
World War n he was elected to the
House of Representatives where he ob-
tained national renown and acclaim as
an investigator. It was largely through
his efforts that Alger Hiss, one of Amer-
ica's most notorious traitors, was brought
to justice.

Because of his fine record In the House
the people of California sent him to the
Senate where It was my privilege to be
closely associated with him. During the
past 8 years he has served with great
honor and distinction as Vice President
of the United States. I doabC if any
Vice President in the history of the

United States has been assigned
important tasks or has fnlfUied ttieae
assignments with greater distinction
than has Dick Hdcon.

As the ReptAllcui Party's candidate
for President of the United States, he
conducted himself in an able, honorable,
and commendable manner. He has en-
deared himself to millions of Americans
in a durable way, and he will long be
remembered. Dick Nixon has gone a
long way in this world, and I hope and
pray that his future will be even brighter.
There is great need in this country for
men ih public office of the personality,
character, and integrity of Dick Nixon.
The Republican Party is most fortunate
in having him as a leader in the years to
come.

I wish to join his innumerable friends
in extending my greetings and best
wishes on this his 48th birthday.

BELATED BIRTHDAY CONGRATULA-
TIONS TO SENATOR DIRKSIM

Mr. BEALL. Mr. President, on Thurs-
day of last week, January 5. I had been
called off the floor of the Senate jnst
prior to the tribute paid by several of
my colleagues to the minority leader,
the Senator from Illinois, on the occa-
sion of his birthday. Belatedly, I wish
to add my congratidations to the distin-
guished Senator.

I have had the pleasure of knowing
the minority leader for many years, dat-
ing back to the time when we were both
Members of the House of Representa-
tives. I have the highest regard for him
as a man, as well as our party's leader
in the Senate. He is a strong leader, and,
at the same time, he has made many
stanch friends, on both sides of the aisle.

One of the bright spots in my experi-
ence in the Senate is the constant friend-
^ip and consideration of tiie Senator
from Illinois.

I desire to Join with those who wished
him wen on his birthday. I oMigratulate
him, and wish for him many more birth-
days to come.

LEGISLATIVE PROGRAM

Mr. DIRKSEN. Mr. Presidoit. while
tiie majority leader is in the Chamber.
I should like to hiquire as to what may
be expected today so far as any action
in respect to rule x.3i.ii is concerned. I
gained the impression somehow, some-
where, that probably no action would be
forthcoming until Tuesday, but in any
event I am sure Senators would like to
taave an expression from the majority
leader as to how the program will mifold
for the next several days.

Mr. MANSFIELD. Mr. President, it is
liot the intention to have a vote today.
It is possible there will be a vote tomor-
row. iM^ certainly by Wednesday at the
latest. It is the hope of the leadership
t^at those Senators who have something
to say on this most important subject
win use the time today to make their
views known and wlH be prepared to vote
on the resolutions beginning tomoixow,
or. at the very latest, the next day.

Mr. DIRKSEN. I thank the majority
leader.

AMERICAN MARiaOUDS NAMED

"ALASKA"

Mr. BARTLETT. Mr. President, I am
not one lor flowery speech bat last week
I received as a gift a beautiful bouquet
of flowers from the W. Atlee Burpee Co.
With the flowers came a card informing
me that these flowers were a new species
Of American marigolds named "Alaska"
in honor of our great State. As I gased
upon these beautiful flowers I was cap-
tured by their brillant yellow hue and
long graceful stems. The sight was a
feast for one's eyes.

While I viewed this gorgeous ^ectacle
my mind began to reflect on the .-jignifi-
cance of this flower. Its size is mean-
ingful because it is at least three times
the size of an ordinary American mari-
gold. The blossom's brillant yellow re-
minded me of Alaskan sunsets that last
far into the cool siunmer nights and of
the glitter thrown off by well-washed
nuggets that stud our many streams.
This enduring gift is most significant
of an because like Alaska this flower
also has a bright future and win go on
and on to grace these United States. I
want to express my gratitude to the W.
Atlee Burpee Co. for honoring Alaska in
this way. I might add that Alaska's
State flower is the forget-me-not, and
surely we have not been forgotten in
the naming of a new species of mari-
golds.

TELEVISION'S GREAT CONTRIBU-
TION TO AMERICAN DEMOCRAC7

Mr. PROXMIRE. Mr. President, in
the past I have frequently been a critic
of television. Thoe is still too much
trivia on the air, in my opinion, espe-
ciaUy in the prime evening hours, when
the largest potential audiences are able
to listen.

But there is another side to this story.
In the past few months many of us have
become aware of the tremendous Job
television can do when it aims high.
There has been an impressive succession
of genuinely outstanding programs.
During the nati<mal political campaign
we had the now historic great debates in
which the two presidential candidates
met face to face in verbal combat while
as many as 80 million viewers looked on.
What a magnificent contribution this
was to genuine democratic participation
in our huge Nation. This was an indi-
cation of what television can do.

The coverage of the campaign, and the
election brought more Americans into
closer contact with the meaning and
excitement of politics than ever before,
as the personaUties and poUcies of the
candidates and the parties were revealed
in painstaking detaiL Thanks to tele-
vision this was the best informed elector-
ate in my judgment In our history.

On the night of the election, the net-
works brought the details of the nation-
wide vote count to an enormous au-
dience that stayed up to watch what
surely must iuive been the most pro-
longed cliff hanger since the end of "The
Perils of Pauline."

Other luxMdcasts have continued thto
high levd of teleririoo programing. A

r*;i

n^w^

372 '

moving study of the problem of mlP»-
tory labor in this country drew wide at-
tention. This program moved many to
express their concern to me in many
wi^s. I was traveUng in Wlsronsln
then. From the response in my SUte,
I am sure that America's heart was
deeply moved by this great development.
There have been programs on tne u-a
affair, on the sit-ins. on the world refugee
problem, and on other subjects of equal
importance. These programs have had
an immense impact on tens of mil-
Uons of Americans, providing a vast in-
crease in understanding.

I think that one must recognize that
the television networks' elbowroom is
limited by certain factors. The need to
find financial sponsorship for programs
among a fairly small number of adver-
tisers ineviUbly places an overall restric-
tion on the scope and nature of program-
ing. The estebllshed tastes and viewing
preferences of most Americans are likely
to remain fairly stable. The much-
maUgned ratings continue to provide a
persuasive link between the desire of a
potential sponsor to reach a maximum
audience, and the nature of the program
which will accomplish this with the
greatest degree of reliabiUty.

These hard facts of life in the televi-
sion industry being what they are, it is all
the more worth taking time out to praise
the networks for putting on a very sub-
stantial number of outstanding programs
In recent months. The merits of these
shows deserve recognition. Those re-
sponsible for the broadcasts should be
praised and encouraged to continue their
working efforts.

During the next few days I intend to
place in the Record the actual tran-
scripts of some of these outstandiiw
broadcasts. The bare script of a tele-
vision broadcast hardly does justice to
the total impression achieved by a pro-
gram, but It may serve as an Indication,
in permanent form, of how good tele-
vision can be at its best.

I think it is time that the Congress
recognize how this magic medium trans-
forms our democracy. And Just in the
nick of time. Many of us have feared
that the problems of our democracy have
been becoming too vast, too remote, and
too complicated with the impact of tech-
nology shrinking the contact size of a
world becoming always more complex
with burgeoning population and multi-
plying independent nations.

Now television has come along and it is
at last possible for the great majority
of us Americans to develop a far better
understanding of our responsibilities,
and how massive and challenging a job
we face. In many ways American tele-
vision is beginning to do part of that

job.

Today I wish to list a niunber of these
network programs by title.

The list is by no means exhaustive
and does not attempt to be. Rather, it
may serve as a sketch of the broad pan-
orama of fine programs that have been
offered in recent months, particularly
in the field of news features. The list
of programs follows:

NBC: "U-2 Affair," "Sit-In," "The
Working Mother," "The Cold Woman,"
"Nigeria." "Minuteman MissUe," "Birth

CONGRESSIONAL RECORD — SENATE

January 9

ini

CONGRESSIONAL RECORD — SENATE

37S

control," "Algeria," "Cuba." "Federal
Aid to Education."

CBS: "Harvest of Shame." "The In-
fluenUal Americans," "Money and the
Next President." "Turmoil in Tokyo."
"Berlin— End of the Line." i

ABC- "The Man and the Mandate,"
"The Money Raisers." "Yanki No."
"Peatherbedding?" "Down the Road."
"The Rag Tent."

THE DEMOCRATS AS POOR
WINNERS
Mr. TALMADQE. Mr. President, of
all the able JoumaUstB who have re-
ported the deliberations of this body over
the years, none has evidenced greater
perception of the constitutional role of
the Senate than has the distinguished
columnist William S. White. Time and
again in his articles and books he has
pointed out and emphasized that the
Senate was created to function as one of
the checks and balances of our republi-
can form of government, and that inter-
ference with that fimction does a grave
disservice to the rights of all Americans.
In his column of January 6, as published
in the Washington Evening Star, Mr.
White pulls no punches in exposing the
disservice being done our Nation and its
citizens by the current efforts of certain
willful Members of the body to force it
into an arbitrary mold of their own self-
serving design. Mr. White's forceful
conclusions commend themselves to the
serious consideration of every Member of
this Senate, and I ask unanimous con-
sent, Mr. President, that the text of his
column be printed herewith in the
Record.

There being no objection, the article
was ordered to be printed in the Record,
as follows:

Thk Victors: Poor Winners?— Drmocrats
Ask Viewkd as Showing Less Than Fxrix
Trust in Johnson

(By WUUam 8. White)
The Democrats are proving again, that,
because of the ultrallberals and the ultra-
BusplclouB and righteous among them, their
party as a whole has a hard time withstand-
ing prosperity. They are not so much poor
losers — as the Republicans sometimes are —
as they are very poor winners.

A visitor to the Democratically controlled
Senate might suppose he was seeing a party
which has Just lost, not won, a national
election and so was now embittered, one
against the other.

Some of the time the ultrallberal and
ultrasiisplclous group howls Itself hoarse in
accusing other Democrats of not having done
enough for the Kennedy ticket. The rest of
the time this faction occupies itself in two
curious enterprises both of which would
demonstrably harm the new Kennedy ad-
ministration.

One of these projects has been an ab-
surdly extreme — and thus foredoomed —
scheme which In spirit would alter the whole
constitutional structure. This was a de-
mand that a bare majority of the Senate be
allowed to halt all debate, after a stated
period, on any matter. Because some fUi-
bUBters are bad, all filibusters — or rather any
delaying action which a simple, momentary
majority might call a flUbuster— were to be
put under the gag.

This proposal was solemnly pressed In an
institution whose very existence is a denial
of the principle of absolute majority rule. If
the Constitution had put that kind of rule

In force for SenaU membership, some SUtes
of little population would have not two
Senators but the Irreducible one. And oth-
ers wotild have now not a Senators but 20
or more. The Senate, of course, was ex-
plicitly made to restrict mere majority rule.
Thus some of those loudly demanding ab-
solute nUe by a majorlty-d-one would there-
by sink into oblivion in a vasUy enlarged

S^m^te sea and the interests of their home

sUlbm along with them.

lion imporUnUy. the effect of this e«-
traordlnary project would be indefinitely to
delay If not permanently to endanger the
whole legislative program of the new ad-
ministration to which these same men so
endlessly declare their atuchment.

The second hlstortc activity of the ultras
was to make certain that the two leaders
moet vital to the success of the Kennedy ad-
ministration were put in a poor light from
the sUrt.

First, more than a dozen of this faction op-
posed a motion — which all the same carried
by 3 to 1 — to have Vice-President-elect Lyn-
don Johnson sit as chairman of Democratic
conferences when invited by the new leader-
ship to do so.

Now. of course, this small courtesy wUl
neither Increase nor decrease Senator John-
son's InHuence at the Capitol. He wiU. after
all, be there anyhow, as the Senate's pre-
siding officer. And It Is not Improbable that
even If he had been denied secxirlty clear-
ance to attend the caucuses he still might
have been able to talk to Democratic Sena-
tors, anyhow.

The ultras moved from this historic dem-
onstration to a series of equally humorless
"demands" upon the man just unanimously
chosen as their new Democratic leader, Mou
Mansttklo of Montana. First, they called
upon him to give up the standing right of
a leader to make certain committee appoint-
ments. Next they agreed reluctantly to let
him go on making these choices — If he woiUd
promise to put them before all Democratic
Senators for approval. (He was. of course,
going to do this, anyhow.)

The unavoidable Implication of aU this
earnest charging about was this: Certain
Democrats were publicly expressing some-
thing considerably less than full trust In a
new Democratic Vice President — who cannot
be cut down without Injuring Mr. Kennedy,
too — and a new Democratic Senate leader.

Old Senator Tom Oonnally once nude a
memorable description of this kind of men-
tality. "When I Invite a man to dinner," he
said, "I do not search him before he leaves
the table to make sure be hasn't stolen the
spoons."

FAILURE OF VOICE OF AMERICA IN
LATIN AREAS

Mr. HUMPHREY. Mr. President, I
noticed in this morning's Washington
Post an article entitled "America Fails
To Raise Single Voice In Latin Areas."
This is a feature article of the Asso-
ciated Press, and was written l)y Endre
Marton. The article begins:

Despite Cuba's drift into the Communist
camp and the break In United States-Cuban
relations, the Voice of America has no plans
now to keep America's Image l>efore the
Cuban people through special broadcasts. It
was learned yesterday from Oovernment
sources.

At the same time, an analysis available at
the State Department showed the Voice
beams only SIV^ hours a week to Latin
America, less than half in Spanish. There
are no such U.8. broadcasts in Portviguese,
Brazil's tongue.

By comparison, the Communist bloc na-
tions are bombarding lAtln America with
more than 174 hours of special broadcasts

weekly In Spanish, Portuguese and their own
languages, apparently Intended for eastern
Suropeans living there.

Tixt assigned mission of the UJ3. Informa-
tion Agency, which controls the Voice's
policy, Is to keep this country's Image before
the world, to Interpret US. life and cultxure
for foreign peoples.

The U8IA Issued a report on 12 years of
Confununlst broadcasting worldwide. 1948-
1959, saying "radio propaganda Is not popu-
lar In Latin America."

Mr. President, I ask unanimous con-
sent that the remainder of the article
be printed at this point in my remarks.

There being no objection, the re-
mainder of the article was ordered to be
printed in the Record, as follows:

Red broadcasts to Latin America, the re-
port said, lag behind those to any other
major area.

The USIA said Communist propaganda
broadcasting Increased 500 percent In that
12-year span, reaching a total of almost 3,000
hours a week In 66 languages. At the same
time, U.S. broadcasts rose about 250 percent,
to 566 hours In 36 languages.

The separate analysis, reflecting the situa-
tion now, shows that the Voice programs 14
hours a week of news, featxu-ee, and com-
mentary In Spanish, plus some music. In
addition, the United States beams 2^ hours
dally In Spanish — a program the Voice claims
is very popular.

WhUe the Voice has no program In Por-
tuguese, the Btate-controUed radios of Mos-
cow. Pelplng, Prague, and Bucharest blare
Communist propaganda In that tongue to
Brazil, largest, and most populous country
of South America.

Moscow tells Its version of the truth
through 241/2 hours weekly to South America
and 14 hotirs weekly to Central America,
Mexico, and the Caribbean area in Spanish,
and 17'/^ hours weekly to Brazil In Por-
tuguese— a total of 66 hours every week.

Red China beams 81^ hours a week (21
hours In Spanish, 10>^ hours in Portuguese);
Prague 37>4 hours (20 houirs Spanish, 17>4
Portuguese). Other Communist stations
join In to make up the overall total of 174%
hours In broadcasts to South America.

Voice officials said 126 South American
radio stations In 13 countries pick up Voice
material and rebroadcast It for their listen-
ers.

Further, the Voice is confident It scores
with its recorded programs carried by South
American stations. These programs, taped
in Washington and flown to the different
countries, were used by South American
radio stations during 160,000 program hours
last year, a figure officials call impressive.

Mr. HUMPHREY. Mr. President, my
point in bringing this article to the at-
tention of the Senate today is that on
June 29 of last year I addressed the Sen-
ate on the subject "The New Communist
Propaganda Assault." At that time I
pointed out, for example, that Red China
had tripled her Spanish -language broad-
casting to Latin America in the last year.
She also had tripled the number of dele-
gations invited from Latin America, with
all expenses paid, to Peking. I pointed
out also that Communist countries had
established strong radio transmitters
which beamed broadcasts all over Cen-
tral and South America and throughout
the Caribbean.

I am not at all certain what the budget
message will include for the Voice of
America. However. I hope that when
the new administration comes into pow-
er, one of its first objectives in the field
of our foreign policy will be to strength-

en, to improve, and to modernize our
programs of information and education
to the Latin American areas. Certainly
we have had plenty of indication that
the image of the United States in Latin
America has been terribly distorted.
Our message is not getting through.
While some may say, as the Voice of
America report indicated, that radio
broadcasting is not popular in Latin
America, this is no longer the case. The
Communists have even gone to the point
of distributing receivers. They have
placed large receiving sets in pubhc
squares, and small radios have been
made available to the populace at a very
reasonable price, some of them as grants
or gilts, so that the propaganda of the
Communist bloc coimtries can be heard
throughout the Latin American area.

It is my hope — and I shall surely be
vigilant about the realization of that
hope — that the Voice of America will be
a voice that can be heard and under-
stood; a voice that really speaks the
spirit and the philosophy of the United
States, and the purpose of the United
States, into Latin American areas.

Mr. President, I ask unanimous con-
sent that a newsletter I have prepared
entitled "The Communist Challenge,"
citing such areas as the Soviet economic
offen.sive, the rising tensions between
Red China and the Soviet Union, Ck>m-
munist propaganda, the Soviet educa-
tion challenge, and other items, be
printed at this point in the Record, to-
gether with the text of my news release
of June 29, 1960, which sets forth what
I consider to be an analysis of the Soviet
propaganda offensive, not only in Latin
American areas, but elsewhere.

I ask vmanimous consent also that a
special newsletter on Latin America be
printed at this point in my remarks.

There being no objections, the items
were ordered to be printed in the Record,
as follows:

The Communist Challenge

(Newsletter from Senator Hubebt H.

Humphrey, September 15, 1960)

We shall make a terrible mistake — perhaps
a fatal mistake — if we think of the Com-
munist challenge primarily as a military
Challenge. It Is a military chellenge — but the
challenge Is also political, economic, Ideo-
logical, and In the deepest sense, religious.
The Communist Ideology Is a direct challenge
to the fundamental beliefs of our Judeo-
Chrlstlan heritage and to our tradition of
Individual freedom and human dignity.

Some philosophers of history seriously apk
whether Western civilization and the moral
values we cherish can survive the complex,
profound crisis which we are now going
through. I am not a pessimist on this ques-
tion. I believe the United States of America
can Inspire and lead the way toward a bright
future — helping to banish poverty, disease,
hunger and ignorance and helping to create
new opportunities for personal freedom, dig-
nity and individual achievement. _

But there is nothing automatic or pre-
destined about the survival of the free
world. We will have a future only If we
pay the price of survival and leadership —
only if we understand the crisis we confront
and meet the challenge with courage and
Imagination — and with full awareness of the
dangers and opportunities before us.

We must keep in mind that the challenge
of world communism Is not our only problem.
We are also faced with the challenge oC

modern technology and the new revolution
of rising expectations. Fantastic achieve-
ments of modern science and technology now
put mankind within reach of eliminating
stark poverty and starvation. Yet, Ironically,
modern technology also enables mankind to
exterminate the human race In a nuclear
holocaust.

And the revolution of rising expectations
underway among the peoples of the eco-
nomically less developed areas of Asia, Africa,
and Latin America Is testing our good will
and capacity to help downtrodden peoples
break out of the vicious circle of hunger,
disease, poverty, and Ignorance. If these
people are to resist the false promises of
Communist agitators, we must make It very
clear to them that we will give them long-
term economic aid and technical assistance —
not just becatise we are opposed to the evU
threat of communism but because we are
sensitive to their needs — because we are
genuinely concerned about people, peace,
and progress.

During my 12 years In the Senate of- the
United States, I have repeatedly called atten-
tion to the menace of international com-
munism. In recent Senate speeches I have
urged action by the United States to coun-
teract the Soviet economic offensive, to over-
come the propaganda gap, to meet the Soviet
education challenge, to examine rising ten-
sions between Commiinlst China and Soviet
Russia, and to Initiate and carry out a
genuine works of peace program.

THE SOVIET ECONOMIC OFTENSIVB

The Soviet economy Is growing rapidly —
and we should be seriously concerned about
the growth of ova own economy. Soviet
production Is roughly 40 percent as great as
American production but the growth rate of
the Soviet economy is two to three times
bigger than ours. Pea: the past 8 years the
American economy has been limping along
With a growth rate of 2>4 to 8 percent while
the Soviet economy has been growing at a
rate of 6 to 9 percent a year.

Just as we relate our military power to the
security needs of the free world, so we mtist
relate our great wealth and economic pro-
ductivity to the needs of the less developed,
uncommitted countries. The Soviet Union
and Communist China are stepping up trade
and aid penetration into strategic areas
where the Communists hope to establish a
firm political foothold. Premier Khrushchev
boasts that Soviet Russia will overtake the
United States and eventually win the world
to communism by victory In the field of
peaceftil production. America's lagging
growth rate is wasteful and dangerous. We
must step up oiu- economic growth or we
win eventually fall behind In the race for
economic supremacy and world leadership.

RISING TENSIONS BETWEEN KED CHINA
AND SOVIET UNION

It would be wrong to underestimate the
strength of the Slno-Sovlet alliance, but
deep-seated frictions have developed in the
last few years, and it Is reasonable to expect
that these tensions will Increase rather than
lessen. I am convinced that the bonds now
holding Red China and the Soviet Union to-
gether are stronger than the differences
which divide them but it would be foolish
to Ignore existing tensions in formulating
our foreign policy toward these two Commu-
nist giants.

Population

By 1975 Bed China will have approximately
1 billion human beings. Although parts of
weeto^ China are still sparsely populated,
by 1975 there are going to be tremendous
population |n-es8uree. It Is no secret that
Soviet officials are very apprehensive when
they think about the 8,600-mUe border be-
tween Red China and Soviet Asia. The pop-
ulation of China Is Increasing between 16 and
26 mUllon a year while the Soviet Union.

«

fill

\t •

m

374

wblcH xiow hM » populaUon of alxmt aOO
mlUlon. haa an annual Increaac oX only 3 or

4inllUoxi.

Presiige rivalry
•n»e Communist •lapire formarly liad only
one oeatar In Uomov. Now It clearly taM
two centers— Moecow and Peking. Moaoom
cannot be happy that lt« prevlou. unques-
tioned leadersblp of the Communist move-
ment has been challenged.

Bed China la now operaUng its own far-
elgn propaganda and economic aid program
in compcUtlon with both the United 3tatea
and the Soviet Union. Bed China is now
opci»tlng in sales territory that tlie Bus-
■lans used to think was their own. And the
Chinese in their j»opaganda feel free to take
positions wliich differ from the Une of the
Soviet Union.

Another worry for the Russians U Red
China's Jncreaslng attempts to miluence Bast
European CommunUt satellites. The StaUn-
lat leaders of some of the sateUites such as
Walter Olhrlcht <rf East Germany are ideo-
logically closer to Oonunxmist China than to
Soviet Russia.

Policy diaagreementa
la spite of efforts to gloss over policy
disagreements, policy tensions are growing.
The moat serious disagreement is about the
inevitability of war. The Soviet theorlsU
seem to think that the CommunisU can win
the world through propaganda and political
subversion and economic me«na, short of all-
out war.

In Bed China, however, the relatively low
level of economic development and the large
population appear to make the consequences
of miscalculation and general war less dis-
ruptive and less horrifying than in the So-
▼let Union. Soviet Russia has more to lose
now that its people have tasted the fruits of
bourgeois luxury and the pleasures of rlalng
production of consumer gbods. The leaders
of Bed China face serious domestic difficul-
ties in their efforts to build new industries
•XKl to speed modernisation of Chinese agrl-
cuitore.

Because of these Internal {H^ssures and
what tbey consider a national Insult In the
so-called Amertcau occupation of Taiwan
acroas the ffymnoea Straits, the Red Chinese
taartars in Peking find the policy of peaceful
eosKistence less attractive than do the Rus-
sian Conunimists.

The commune system Is one of the prood-
est accomplishments of the Chinese Cocnmu-
nlst revolution but the Russian Oonununlsts
consider this experiment too radical. Nat-
tirally the Chinese Communist leculers re-
sent this aUltude. They resent also the
Russian reluctance to share nuclear weapons
and the Russians' tuiwllUngness to provide
more economic aid for China's Indmtrlal de-
velopment.

Another tension stems from the Chinese re-
gard for Mao Tse-tung as the top-ranking
Commtmlst theoretician, whereas Khru-
shchev considers himself to be the foremost
interpreter of Marxism-Leninism. Russia has
considered Itself to be the prophet of com-
munism for such a long time that the Krem-
lin leaders resent l>eing chnllenged In the
Ideologieal rtftAm by the Chinese Reds who
elalm to have a "purer" communism. And
finally, the Chinese — whether Communist or
not — are anti-foreign, anti-Western, and
anti-lmperlallst. To the Chinese. Soviet
Russia — even though Communist — Is still
foreign. Western, and imperialist.

COMMTTNIST FROPACANDA

Wlnnlxis the minds and the hearts of men
Is the most important buislncss of the 20th
century and yet America, with the best Ideas
to offer, seems to be losing the propaganda
war to the Conununists who are busy ex-
ploiting every i>oe^ble channel ot radio,
televlBloa, books, magazines, cultural mmt
educational exchanges and a wide variety of

CONGRESSIONAL RECX)RD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

375

people-to-people contacts. We Americans
u« too mnch inclined to neglect the vital
iB^Mirtaaoe of informaUon and education in
winniiv uncommitted peoplea and fiving
hope to those who seek freedom.

The Sino-Soviet bloc stepped up lU intar-
liaUonal broadcasUng 400 hours a week last
year to about 3,000 hours a week— more than
five times as much as the United States'
500 hours a week. And Communist trans-
mitters are four times more powerful, on
an average than ours, so their signals come
through much more clearly. India U getting
163 Communist periodicals and 120 of these
come from Russis and China. We are dis-
tributing only four publications In India.
The Russians spent more on one propaganda
gimmick, the Moscow Youth Festival, than
the yearly appropriation for the V&. Infor-
mation Agency.

We are the greatest advertising country
In the world but In the most Important
advertising campaign of all— advertising our-
selves and the democratic way of life— we
are a poor second to the Ruseians. The
OommunUt bloc spends as much on propa-
ganda in Latin America as we spend on oxu-
entire worldwide Information program.

It Is time to wake up to the propaganda
challenge and put our Information and cul-
tural progriuns and our student exchange
efforts into high gear.

THE SOVirr ZDTJCATIOIf CHALLTNGI

Thoughtful Americans are concerned about
the missile gap. the space gap. the lag in
OUT capacity- for limited war. the lag in our
economic growth rate. I am very concerned
about these problems but I am even more
coTK^rned nbout the education gap. The
Soviet Union is building up a tremendous
stockpile of highly trained brainpower that
presents a far greater challenge to the United
States than any Soviet stockpile of flsslon-
ablc materials for atomic power.

The real threat to Amertca's world leader-
ship comes not from Soviet rockets — but
from Soviet schools. The success of Soviet
conquest U pegged to the progress achieved
by Soviet education. This is the new Soviet
power. If we ignore this challenge. Soviet
education can make the United SUtes a
Becond-chu;a power In less than 10 years.

Soviet Russia U spending 7 or 8 percent of
Its gross national product on education —
double the rate of education spending In the
United States — although the actual amount
t" money is about the same In both coun-
tries. So a country only half as rich as we
are Is s()endlng just as much on education
as we do.

Before tiie Communist revolutton In 1917.
Russia was 76 percent illUerate. Mow UUt-
eracy is almost completely wiped out. Here
we are struggling to achieve and maintain
a student-teacher ratio of 30 to 1. Tet the
Soviet Union reports they liave achieved a
student-teacher ratio of 17 to 1.

If you wonder why there Is no teacher
iliortf In Russia. I can give two simple
r—ona— money and prestige. Compared to
American teachers, the Russian teacher is
poorly paid. But the beginning teacher in
the Soylet Union earns as much as begin-
ning doctors and engineers. Top Soviet
professors get salaries equivalent to $35,000
or $50,000 a year. Furthermore, the Russian
people respect the teaciiing profession.
There la so much competition to attend
teachers' Institutes that only one out of five
applicants can be nooepted.

Is it so surprising that the Soviet Union
threatens to outperform us in sclrntlflc and
technological progress? There are twice as
many scleiK;e teachers in the Soviet Dalaai
as there lu-e in the United States. And
12,jD00 of America's 23.000 high schools do
not even offer a ooiu-se in physics, a basic
science in the atomic ags.

I am aware of the progress underway in
•acoodary school teaching of pl^yslcs and
mathematics in the United States and I sup-

port these efforts. We have made mucb
progress, but much remains imdone. There
is stUl a bad educaUon gap — and it will get
steadily worse unless we take very decisive
steps to change our aimless, careless attitude
toward education in America.

And Just think what this educaUon gap
wUl mean 10 or 20 years from now. To
whom will the enwrglng nations of Asia.
Africa, and Latin America look for scientific
and technological leadership and as&lstance?
Soviet Russia now has a manpower reserve
of 974.000 professional engineer graduates —
or one- third more than we have la the
United States. Furthermore, they expect an
annual increase of 125.000 in the next 6
years — three times as many engineers as ws
expect to add to our supply of nnglnan-s.
And every high school graduate In Russia has
studied a second language for « years.
Only 15 percent of Americas high schoni
cludents study a foreign Irnguage. and many
of these study the foreign language for only
2 years. There are 10 million Rtwslans
studying English— and on'.y 10.000 Americana
studying Russian.

Less than 1 percent of our high school
students study ancient history Which many
educators consider essential for understand-
ing modem history, including American
history. Russian students get a thorough
indoctrination in Marxism-leninism. How
do we expect our young people to understand
the great traditions and principles of free-
dom and democracy if they do not even have
a nodding acquaintance with Athenian de-
mocracy or our wonderful Judeo-Chrtetian
heritage?

Our educational system must reflect our
own natVoniol character, our own hopes and
aspirations. We must not Imitate the Oora-
mnnlEts — but where we can, we should learn
from them. Wow I do not want to let anyone
think that education In America ts no good
It Is good. Our teachers are comp«t«nt.
self-sacriAcing. and dedicated. And there
is a tremendoin difference between an edu-
cated man in a free society and an educated
man in a slave society.

In America, wa educate for freedom. In
Russto they are training people for servtcs
to an all-powerful, totalitarian Communist
state. They want engineers and setentlsta.
We. too, want engtnaers and scientists — but
we also want phlkjeophers and poets, hls-
Ujrians and theologiano, and all the other
people whose creative freedom and original-
ity give meaning to the deD\ocratie way of
Ufa.

We are going to need all the brainpower
ws can muster in the years ahaad If we ars
to meet ths challenge ai SovIsC eompetltlaa.
Tct half of the top % pwocnt at oar high
school graduates never go on to oollsfa.
Right now we are wasting priceless brain-
power that we wUl need desperately In the
coming decades. Tea. brainpower is our
most valuable resource and we ahouid bs
developing it up to the very limit of our
capacities. We should be Investing mora
money Iti schools, mors money for teachers*
salaries, more money for college scholar-
ships, more mmicy for college houetng. li-
braries and laboratories.

It Is false economy to shortchange Kmtfr-
ica^ young people In education. It is flrst-
rato foolishness to give oar boys and girls
a aec(uul-rate education in a world of com-
petitive coexistence. It is a national scan-
dal that we spend more on alcohol and to-
bacco than we (•pend on an elementary and
secondary education put together. And w«
spend three times as much for advertising
as we do on higher education. We spend
«"'"*""■ of dollars on military projects
which have less than a 50-50 chance of suc-
cess. And millions of dollars go down the
drain every time we have a flszle or a flop
at Cape Canaveral. But education Is an
Investment where we know every dollar spent
will help our yoangsten and will help
America.

waaKs or peacb

We are engaged In a long, hard competi-
tion with an aggressive Conununlst empire
which Lb fully aware of the value of educa-
tion and propaganda- and Is Investing
heavily In both. Our free society can meet
the Communist challenge — but we will libt
meet the challenge with piecemeal, finger-
in-the-dike, off-agaiii-on-again hasty im-
provisations. We must have intelligent
long-range planning and we must have the
determination and the endurance to trans-
late our long-range planning Into effective
action for peace and progress.

Behind a shield of military strength, ws
must move forward with the works of
peace to strengthen the free world and
to break the demoralUlng pattern of poverty
and disease, hutiger and Ignorance in the
uncommitted and emerging countries of
Asia, Africa, and Latin America. We must
help the people of these less developed na-
tions not just because we want them strong
enough to resist communism but also be-
cause they are God's children and because
poverty and Ignorance are seedbeds for war
and revolution. And we can help by using
our Ood-glven farm iibundance wisely In a
true food for peace program for the benefit
of mankind.

Only in a unity of peoples who want to
prosper and to be free can we find an en-
during peace. We can build that unity by
sharing with others our own heritage of
freedom and progress.

HuMPHarr Tells Stobt or Nrw Commuivtst
Pbopaganda Assault

(Newsletter from Senator Hubekt H.
HvMPBarr, June 29, 19(10)

Senator Hubkbt H. HuacPHaxr, Democrat,
of Minnesota, today documented before the
Senate what he desciibed as "the dramatic
new acceleration of the Communist propa-
ganda assault" and then suggested a pro-
gram to respond effectively to the challenge.

"Why Is it," HuMPBOZT asked, "that the
country with the best case seems to be los-
ing the propaganda war, and the countries
with the worst case seem to be winning
It?"

HuMPHBCT stressed the recent step-up in
propaganda from Red China aa "a new force
In the world situation."

"Communist China." he said, "is moving
to the forefront — speaking «- strident and
aggressive message, reaching out with a prop-
aganda effort which sends words and people
to all parts of the world."

He also outlined the new efforts of Cas-
tro's Cuba "which must be Included In any
discussion of anti-American propaganda."

"Castro's government Is spending more
than $100 million on propaganda in Latin
America, and the Communist bloc is spend-
ing a like sum In that area.

"The Cuban cairipalgn Is directed by
Che Quevara, genertdly acknowledged as a
solid Communist. Cuba's shortwave and
medlumwave broadcasts are beamed to about
40 stations In Central and South America.
Further, the Cuban press service reaches
every Latin American country.

"The Soviet Union will open its Embassy
In Havana In August, and once Russia is
established In Cuba, she intends to use that
country as a major base from which to bom-
bard Latin America with propaganda."

HuMPHaxT listed these elements of the
Communists' bold new emphasis on prop-
aganda :

"Red China has tripled her Spanish-lan-
guage broadcasts to Latin America In the
last year. She has also tripled the number
of delegations invited , with all expenses paid,
from Latin America to Peking.

"The Sino-Soviet bloc's International
broadcasting Increased 400 hours per week
last year — for a total of approximately 3.000
hours. This Is more than five times as much
as the United States' 690 horn a week.

"Equally Important, the Communist trans-
mitters are, ou the average, fotir times as
powerful as our own, so that signals come
through much clearer.

"India receives 162 Communist periodi-
cals, 120 of which come from Rtissia and
China. We distribute four publications In
India, which is exactly one-thirtieth of what
the Chinese and Russians are doing.

"The Communist bloc participated in ap-
proximately 200 International trade fairs last
year. Oiur budget allowed us to be In 12.

"Last year, Red China received about 440
delegations, which was about 200 more than
in the previous year. The Soviet Union has
doubled the delegations It has received every
year since 1954. Last year, 1,207 delegations
visited Russia. 90 percent of which came from
Africa. Asia, and Latin America.

"Russia is making a strong bid to take the
lead from us In training the future leaders
of the emerging nations. Next fall, the So-
viet Union win open the University of
Friendship, which will offer full tuition,
transportation, as well as room, board, and
spending money for 4 years to 4,000 students
from Asia. Africa, and Latin America.

"The Communists are making Africa and
Latin America major target areas. Russia
now broadcasts 76 hoxirs a week to Africa, as
compared to SVi hours a few years ago. The
Communist bloc spends as much on propa-
ganda In Latin America as the United States
spends on Its worldwide Information pro-
gram."

In suggesting the American response to the
Communist cultural and propaganda offen-
sive, the Minnesota Democrat said :

"Propaganda cannot stand on its own two
legs. In order for it to be effective propa-
ganda, it must have a constructive policy to
espouse. Words must be linked to deeds."

Senator Humphrey suggested that some of
the "deeds" would Include: America's clean-
ing up Its own house In the area of civil
rights so that '"we can demonstrate that
when oMx information service talks about
freedom, we want it not only for export, but
also for domestic constmiption"; formulating
a foreign policy in which "we initiate in-
stead of react — in which we see opiwrtu-
nltles and not only problems"; and In put-
ting the search for a meaningful and fully
controlled disarmament plan "at the very
heart of American foreign policy."

Senator Humphrey stressed that America
must Invest more In Its information effort.
Noting that the Communists spend between
15 and 30 times as much on propaganda as
the United States does and that the Russians
spent more on a single propaganda gim-
mick— the Moscow Youth Festival — ^than the
yearly United States Information Agency
appropriation, he said:

"We are the greatest advertising country
in the world. We spend more on adver-
tising and public relations for goods and
services than the rest of the world combined.
And yet In the most Important advertising
campaign of all— that of advertising our-
selves and the democratic way of life — we
are a poor second to the Russians. We
spend $10 billion a year advertising our prod-
ucts, which Is 100 times as much as we
spend advertising our system.

"We invest one-quarter of 1 percent of
the amount that we spend on defense on
our information budget. I support a soUd
defense posture, but we often treat the
ideological war as sort of a preliminary bout
to a military struggle. What I am suggest-
ing Is that the final bout — the champion-
ship matoh— may well be in the Ideological
arena. Indeed, let us pray that It is.

"This decade of the sixties may well be the
most critical In our entire history. It Is time
to wake up to the propaganda challenge. It
is time to put our Information and culttu-al
programs into high gear. It is time for the
country with the best case to start winning
the propaganda war."

Latin AiucaiCA

(Newsletter frcxn Senator Hubbit H. Hum-
PHBET, Atigust 26. 1960 )

Behind the headlines telling of turmoil in
Cuba or dissension in the Organization of
American States, the nations of Latin Amer-
ica are rushing into a tremendous social
revolution. The revolution of rising expec-
tations is under way — with brighter hopes
for an end to the misery, poverty, hunger,
and Ignorance which degrade biunan nature
and blight the future for more than 180
million men, women, and children south of
the border.

These people want an end to semlfeudal
conditions with 5 percent of the people own-
ing 90 percent of the land — with a handful
of fabulously wealthy families living in lux-
ury while the vast majority live In squalor
on the thin edge of starvation. Many thou-
sands of Latin Americans have risked exile,
imprisonment, torture, and death to achieve
responsible government, responsive to the
needs and the hopes of a better life for
their people.

In the midst of this social upheaval, the
United States too often has api>eared callous
and indifferent to Latin America. In our
eagerness to stop the spread of Communist
subversion and tyranny, we have too often
in past years appeared unconcerned about
such home-grown despotism as the Trujillo
regime in the Dominican Republic. Cuba
was ripe for revolution when the Castro coup
toppled Batista — and now the Communists
are twisting the revolution to their own pur-
poses. But ail over Latin America the same
sources of discontent and revolution threaten
to interfere with democratic political, eco-
nomic, and social development.

After World War II otir concern with prob-
lems In Europe, the Middle East, and Asia
resulted In neglect of our 20 fellow American
republics. We gave billions of dollars — gen-
erously and wisely — to restore the economy
of Western Europe. But the cumulative 14-
year total of economic aid to Latin America
under mutual security comes to only $564
million. We told the Latin American na-
tions, desperately seeking aid to modernize
their primitive economies, that they should
seek private investments and private enter-
prise to develop their economic potential.

Now we in the United States Uke oiu" sys-
tem of free enterprise. It has worked well
for us, although not in the piu-e way that
some people like to pretend. But Latin
Americans still have bitter memories of
""robber baron" exploitation which we long
ago refused to permit in the United Stetes.
Furthermore, private enterprise usually is
reluctant to make the long-term, low-return
investmento In a foreign country's economic
""Infrastructure," the roads, powerplants,
schools, hospitals, and sanitation facilities
which are essential for sound economic de-
velopment. Latin Americans tell us they
cannot stop their revolution of rising ex-
pectations while waiting for trickle-
down prosperity.

After almost 8 years of indifference
and inaction on the needs of Latin America,
the President recently requested Congress
to authorize $600 million in economic aid
for Latin America. For 8 years re-
sponsible citizens and Members of Congress
have been calling for a genuine, realistic,
adequate, long-range program of assistance
for economic development in Latin Amer-
ica— but the light seems to dawn in the
White House only when Cuba Is well down
the Communist path.

I believe the President's request shows
a basic misunderstanding of the way to ap-
proach Latin America's economic develop-
ment problems. Senator Ftlbkicht, chair-
man of the Senate Foreign Relations Com-
mittee, calls it frankly a stopgap measxire,
designed to bolster our diplomats at the
September economic conference in Bogot4,
Colombia. The Washington Post called It

376

vague to the point of despair. I 'Oted
tor thU autborteatton— not bwjauM I wMit
to give tiii* admlnUtration "Wank check
for r«!kleM spending, but rather with the
thought that the next resident at the
Whlta House wlU knoir what la needed.

And what is really needed at this stage
In Latin America is not money— but plan-
ning The success of the Marshall plan In
Europe was due largely to cooperative plan-
ning by the nations which were to receive
economic aid. We need the same kind of
cooperative regional planning lor economic
development In Latin America. We must
encourage the countries of Latin America
to cooperate— and we must Join them not
as the boss, not as "Mr. Moneybags." but as
a partner and good neighbor. The mecha-
nism for this kind of cooperative effort exUts
already in the Organization of American

States. , ^^ „ .

A coordinated program along the lines or
th« Marshall plan would give Latin Ameri-
cans new hope of achieving bread and free-
dom, a better life with new dignity as himian
beings. We should not be ashamed of hu-
manitarian motivations. We shoiild not be
•shamed of our interest In helping down-
trodden peoples break out of the vicious cir-
cle of hunger, disease, poverty, and Ignorance.
Hot should we be embarrassed when our hu-
■lanltarlan Interests coincide with our na-
tional Interest in strengthening the underde-
Trtoped countries of Latin America to resist
the tempting promises of the Communists.

As population expands, as industrial de-
velopment spreads, as hope &mA ImpaUence
mingle. Latin America will be a cauldron of
competing Ideologies. We should welcome
this development, not fear it. We should
prepare for it wisely, not expect blank check
gifts or loans to buy friendship.

I^ast year In Puerto Bloo I outlined a
9-point program to improve relation* be-
tween the Unltad States and Latin America.
Here are the points I made:

1. We must step up economic aid to Latin
America. These countries must speed their
economic development — or misery and dis-
content will make them OommimUt camping
grounds. We must encourage cooperative,
coordinated planning through the Organiza-
tion of American States.

2. We should speed and strengthen techni-
cal assistance In agriculture, health, educa-
tion, vocational training and public admln-
ifitratlon. When President TVuman first an-
nounced this "bold new program" of point 4
aid, he got a tremendously enthufllaatic re-
sponse from our Latin American friends.
This program pays big dividends in good
win and progress for a relatively small in-
vestment of money and manpower.

3. We should support moves to establish
regional markets In Latin America, thus
broadening markets for new low cost mass
production and encoxiraglng healthy diversi-
fication In the Latin American economies.

4. We should review our trade and tariff
policies to see how they affect Latin America.
It Is a waste of time to give economic aid and
then nullify the good effects by shortsighted
trade restrictions. Of course, if American
Industries are Injured, we must help the
people and the communities affected. I
have sponsored a Trade Adjustment Act for
Just this purpose.

5. Investment in health Is the cheapest,
most effective way we can help build for the
future in Latin America. Disease Is an eco-
nomic loES as well as a human tragedy. We
must give more support to the work of the
Pan American Sanitary Organization which
carries out activities along the lines of my
health for peace proposals.

6. We must step up student and ciiltiu'al
exchange with bold and imaginative pro-
grams. Too often we exclude just those
young Latin Americans who would benefit
the most — the so-called leftists or those who
doubt our good Intentions.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

377

7 American press, radio, and TV should
give broader and better-balanced news cov-
erage to Latin American affairs. These coun-
tries have tremendous, complex problems in
pulling themselves up by their bootstraps.
They need understanding as weU as economic
aid and technical assistance.

And we must step up our own information
program to Latin America. Red China and
the Soviet Union are pouring Ave times as
much radio broadcasting into Latin Amer-
ica and their transmitters are four times

stronger than ours. We are falling l>ehlnd
in the war of words to win the hearts and
the minds of the Latin American peoples.

8. We must reappraise our military assist-
ance program in Latin America. We should
not promote an arms race among these
coimtrles — and we should not give arms to a
dictator to intimidate or tyrannize his own
people. Castro still reminds the Cubans
that the United State* supplied arms to
Batista.

0. We should press for regional disarma-
ment m Latin America. The Organlaatlon
of American States already provides fine
machinery for peaceful settlement of dis-
putes. 1 believe Latin America can be an
International showcase of disarmament —
with clear evidence that transfer of resources
from weapons of war to economic develop-
ment contributes to world peace.

With our food abundance, with our tech-
nical know-how, with otnr rich, productive
economy, with our sympathy and under-
standing, we can help our Latin American
friends put an end to the andent enemies
of mankind — hunger, disease, poverty, and
Ignorance — and we can build an atmosphere
In which peace and freedom flourish.

As the Senate will recall, part of the
Mutual Security Act of last year caDed
on the Government to make a study of
the possibilities and feasibility of a so-
called Youth Peace Corps. That study
Is supposed to be available not later than
March 31 or April 1. I hope the study
will be received early enough so it can
be carefully studied by the Congress
itself.

I mention this point because it is my
h(H>e that once the administration has
decided upon the policy it wishes to pur-
sue in connection with this matter, at
least I shall be given the privilege of
being one of the sponsors or at least a
cosponsor of this particular measure, be-
cause I am strongly in support of it. and
back on June 16. 1960. 1 introduced a bill
which provided for a very modest pro-
gram for the so-called Youth Peace
Corps, limited to 500 young Americans
who would become the first enrollees In
the first year of the Youth Peace Corps,
which would be designed to expand our
technical assistance program.

I ask unanimous consent that excerpts
from the article published on January t
in the Washington Post and a release I
submitted in the Senate, dated June IS.
19S0. be printed at this point In the
Record.

There being no objection, the excerpts
from the article and the release were
ordered to be lurinted in the Rxcord, as
follows:

YOUTH PEACE CORPS
Mr. HUMPHREY. Mr. President, I
ask unanimous consent to have printed
in the Rkcokd an article entitled "Youth
Corps Panel Asks Rigid Tests." The ar-
ticle was written by Carroll Kilpatrick
and appears in the Washington Poet of
today.
I now read part of the article :

Rigid standards should be estabUshed for
selecting yoting men and women for the
Peace Corps, which President-elect Kennedy
proposed in the campaign, and they should
be paid salaries in local currencies at going
rates in the countries where they serve, a
task force report today said.

Prof. Max P. MlUikan, of the Massachu-
setts Institute of Technology, delivered the
report to Mr. Kennedy In Washington Satur-
day, and it was released here today.

Mr. President, one point about the ar-
ticle to which I wish to call the attention
of the Senate is that in making public
the report, there was an indication of
some change in earlier thinking in re-
gard to the draft status or selective serv-
ice status of the young men who may be
Included in this corps. Some of the orig-
inal proposals had Included a suggestion
that these young men be exempt from
selective service, but eligible for the Re-
serve requirements, and. of course, eligi-
ble for universal military training and
recruitment In case of national emer-
gency or war.

The Millikan report does not suggest
exemption from selective service; but,
rather, it suggests deferment. I am very
much pleased. Mr. President, first of all.
that the President-elect, Mr. Kennedy,
appointed the task force to study this
worthy proposal; and second, that
the task force report has been made
available.

TouTH Coan PaMB.

RtomTEars

(By CarroU Kilpatrick)

Nxw ToBK. January •.— Rigid standards
should be eaUbUshed for aelectlng young
men and women for the Peace Corps.
which President-elect KariMwIy proposed la
the campaign, and they should be paid sal-
aries in local currencies at going rates in the
countries where they serve, a task force re-
port today Ma<L Prof. Max F. MIlMkan of
the MaosxichusetU Institute of Technology
delivered the report to Mr. Kennedy ta
Washington Saturday and it was r«l«ased
here today.

In making it ptibUc. the Prealdent-alact
had no conunent about the recommendation
that his proposal for draft cxempUon for
persons serTing ia the Pmm Oocpa b«
abandoned.

The lengthy document aald extreme ear*
should be exercUed In starting the program,
that it should be begun on a modest aeale
and that unlversltlM should be responsible
In part for carrying it out.

• • • • •

The Millkan report recommended the
establishment of an International youth
service agency to administer the Peace
Corps. The agency should operate mainly
through contracts with private nonprofit
organizations such as universities, the report
said.

The agency Itself should not administer
programs in the field. "The program should
be launched on a limited pilot basis with no
more than a few hundred members employed
on tasks now known to be clearly vital to the
recipient coimtries." the report said.

"Tough criteria of both academic and
personality qualifications should be required
by international youth service administra-
tion; participants should be required to
commit themsel/es for at least 2 years, and
should all have at least a bachelor's degree."

Youth Corps members should work for
the country to which they are assigned but
be imder the general supervisioh of a aenior
American offlcial. In no country should
more than a limited number of members be

assigned, for they sluHild be spread in
BtnaU numbers in the host country, the
report said.

In discussing the draft problem, the report
reconunended draft deferment rather than
exemption.

"There is abundant evidonee that draft
exemption Is not reqtilred as a bait to in-
duce an adequate number of appUcations to
permit the selection of a first-class group."
the report said. Moreover, the numbers to
be selected will be small in the early years
of the program.

The report warned that unless the whole
program were carried out with the greatest
care it oould be brought into disrepute in
the early stage.

"It should be reoognUsed from the be-
ginning that there wUl inevitably be some
failures and some mistakes," it said. "These
wlU not be fatal if they are limited to parts
of the program and counterbalanced by some
notable successes.

"It is essentially for this reason that we
recommend a variety of differing contracts
with private organizations each of wlilch will
be«x principal responsibility for its own
program rather than a massive eentraUy
organized Government effort."

RmcFRKKT Cms Pracx Corps as Major
Coinmmmoif to Amcsican FoaxiCK Policy

Under legislation Introduced Wednesday
by Senat<»- HTmnrr H. HmcraRirT, Democrat,
of Minnesota. 500 young Americans would be-
come the first enrollees next year in a Peace
Corps designed to greatly expand our techni-
cal assistance progriun overseas.

The Humphrey bill calls for an eventual
corps of 10,000 voluiitecre. enlisted for 3-year
terms, to teach basic agricultural and indus-
trial techniques, literacy, vocational educa-
tion, the English l.inguage, and sanitation
and health procedures in Asia, Africa, and
Latin America. One year of the first enlist-
ment would consist of an intensive language-
and area-study program.

Citing the experience of the International
Voluntary Service, a private nonprofit organ-
ization which has pioneered In the use of
young American men in technical assistance
programs under contract with the Interna-
tional Cooperation Administration. Senator
Humphrey pointed out "these idealistic, tal-
ented young men. oriented toward the peo-
plc-to-people approach, have en)oyed ex-
traordinary success. "

The Mlnncsotan gave as an example of
rvs successes the wtnk of a team of eight TVS
specialists who set up an experimental sta-
tion in Laos. The IVS men developed a fiber
tiiat would bring in $1,500 per acre, in a coan-
try where per capita annual tnooaie la less
than $100 per year. The Laotian Govern -
ment, Humphrey said, was eo Impreased that
it has requested 11 more teams — 1 for each
Laotian province.

In Egypt. Senator Humphrey pointed out.
one of the first requests made to the U£.
Government by the Egyptians alter the Sues
crisis had subsided was to send bikck 2 IVS
men who had been operating a 33-acre ex-
perimental farm — "and another 10 }ust like
them.-

Humphrey said that the IVS experience
demonstrate* the "particular value" of utU-
ialng young men without families, able to
spend most of their spare time with the local
populace and to participate in community
cultural affairs.

"They can be real 'grass-roots ambassadors'
in the villages and towns," he said, "and can
give a tremendous Impetus to our peoide-to-
people effort."

"We need many more such young men —
far more than any private organization can
manage." Senator Humphrey declared.
"There is a great body of idealistic and tal-
ented young men In this coimtry who are
longing to work for their cotmtry in oon-

Etmctlve ways. The Peace Corps would tap
those vltfU resources."

Senator Rumphrxt pointed out an added
dividend in the Peace Corps investment : "the
development of a large pool of experienced
n\en, trained In some of the more remote
languages and with detailed knowledge of the
emerging areas of the world — a pool from
which our Foreign Service, ICA and USIA can
profitably draw."

Th» Mlnnesotan said tent eervlce in the
Peace Corps at a modest rate of pay, under
his bill would be considered the equivalent
of 3 years of active duty with the armed
services, although upon discharge from the
corps the young men would still be Uable
under UMT to be called to military service in
times of ^rar or national emergency.

MEDICAL CARE FOR THE AGED

Mr. HUMPHREY. Mr. President, one
of the most Important gatherings of re-
cent years takes place in Washington
this week. Twenty-eight hundred dele-
gates, from eveiT State of the Union, as
well as the District of Columbia. Puerto
Rico, and the Virgin Islands, will partic-
ipate in the White House Conference on.
Aginu. Three hundred national volun-
tary organizations will be represented.

I should like to take this opportunity
to welcome all the distinguished persons
who are to take part in this significant
conference, and to express to them my
wishes for a productive and successful
meeting. I wish to extend a special wel-
come to the Minnesota delegation and its
Chairman. Dr. Arnold M. Rose.

The White Hovise Conference is a de-
vice that has been used successfully in
the past to brln;? Into the national spot-
light subjects deserving widespread dis-
cussion and debate. Unfortunately, the
work done at these meetings has not al-
ways been followed up, and the useful-
ness of some of the conferences has
therefore been dissipated.

The able Representative from the
State of Rhode Island, Mr. Pogahty, who
Introduced in the other body the legisla-
tion initiating the Conference, has
stressed that :

The Conference was not Intended to be a
goal In itself, but a "launching platform"
for new, strengthened and exi>anded pro-
grams.

The purpose of tlie V/hite House Con-
ference is to bring together lay individ-
uals interested in the field of aging, as
well as professionals and experts, to al-
low than to meet and talk. The Con-
ference should facilitate an exchange of
views and a cross-pollination of ideas.
Out of it should come new plans, new
goals, and new directions. It should be
looked at as only a starting point in
building up on every level of govern-
ment solid programs on aging.

DKMOCKATS TOOK UnTTATIVZ

Mr. President, the fact that tills Con-
ference is taking place in the waning
days of the present administration has
led some persons to believe that it is a
"lameduck" conference. The idea for
this meeting, however, came from Demo-
crats who were concerned that the Eisen-
hower administration was taking insuffi-
cient action in this area. The legisla-
tion setting up the Conference was
passed by a Democratic Congress. It is

unusual, moreover, for Congress to ini-
tiate a White House conference; nor-
mally the executive branch takes the
lead in proposing such a meeting.

On the other hand, a Republican
President signed the law and a Republi-
can Secretary of Health. Education, aiKl
Welfare was responsible for the ma-
chinery which brought the Conference
into being, A distinguished former
Member of Consress, Robert W. Kean.
also a Republican, is Chairman of the
National Advisory Committee for the
Conference.

The White IIouss Conference on Aglm
comes at a particularly appropriate time.
Not for a generation has there been such
intense interest in the problems of the
older members of our society. The
reasons for this widespread concern are
not hard to find. The age structure of
our country has shifted markedly in this
century, and there are far more aging
persons now living than there have ever
been before. In 1900 there were only 8
million Americans over 65 ; today we have
16 million. They now constitute more
than double the percentage of the popu-
lation they did then. We now have fully
6 million persons over 75, and more than
2 million over 80.

Mr. President, one would expect that

this development — the lengthened span

of life, made possible by the remarkable

achievements of medical science — would

be greeted with universal joy and deep

thanksgiving. However, as all of us

know, this is not the case. The host of

problems brought by the larger number

of older people among us has not been

met. FV>r far too many older person?^.

prolonged life means sbmply prolonged

misery-
Low INCOME or zunxLT

We hear a great deal these days about
underdeveloped countries and under-
privileged peoples; but we do not need
to look outside our country to find a
shockingly underiMivileged group. The
average annual income of persons over
65 is less than $1,000 a year. Only about
one in five has a paying job. The large
majority live on meager pensions, sav-
ings, social security benefits, or welfare.
Social security benefits were never meant
to be sufficient to live on. Yet hundreds
of thousands of oldsters do just that;
their sole income is their OASI check,
which averages $72 a month for indi-
viduals and $125 for couples.

Mr. President, even persons in the
prime of life who are active and working,
often have a difficult time meeting the
staggering costs of modem medical care.
The health problems encotmtered by the
aged are far more serious than those of
younger persons. Illness comes more
often and lasts longer. Such serious dis-
eases and problems as heart disease,
arthritis, cancer, and hijh bleed pressiu-e
occur In a much higher proportion in
older persons, as do numerous other
crippling, long-term afHictions. Indi-
viduals over 65 spend, on the average,
over twice as much time in hospitals as
do persons under 65. A study made by
the Health Information Foundation cf
New York found that the average yearly
medical expenditures for persons over 65
were more than double those of the rest

I

Ml

f»=:-

378

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

379

1

y

11

ii

}|

of the population, even when nursing-
home expenses, paid primarily by the
elderly, were excluded.

Heavy medical expenses, which can be
ruinous even to a young man or woman,
arc often disastrous to old folks who are
more likely to have them, and who are
far less likely to be financially able to
meet them.

KISINO BCZDICAL COSTS

We are all aware how fast medical
costs have climbed in recent years-
faster, in fact, than any other item in
the family budget. Since the war, the
cost of medical care has risen twice as
much as the average increase in the Con-
sumer Price Index. In the last 10 years
alone the cost of medical care has gone
up 44.5 percent, and hospital rates have
risen 87 percent.

The costs of long-term illness are
especially destructive. Last year. Sec-
retai-y Flemming told the Finance Com-
mittee that $6,000 is a conservative esU-
mate of medical expenses incurred by a
person ill for an entire year. There are
thousands of aged persons who are in
this situation — needing medical or
health care for months or years.

The way in which most Americans
protect themselves against the vast dam-
age that illness can do to the pocketbook
is to purchase insurance against the cost
of medical care. Today. 67 percent of
Americans have some degree of protec-
tion against the costs of hospital care.
Sixty-two percent have a measure of
protection against the costs of surgery.

XLDBRLT DO NOT HAVE ADEQUATE INSURAlfCE

However, when it comes to older per-
sons, it Is another story entirely. The
latest and most reliable figures that are
available — they were released in Decem-
ber by the PubUc Health Service— indi-
cate that among persons 65 and over,
only 46 percent have any form of hospi-
talization instlrance. and only 37 percent
have any kin^^ of surgical insurance.

The costs ol insurance against hospi-
tal and surgical expenses have naturally
risen along with the expenses themselves.
The price of hospitalization insurance
has gone up by 110 percent in the last
decade. It is especially difficult for old
people, because the insurance companies
consider them bad "risks." Often they
cannot get any insurance at all. When
they can, the costs are very high and
the policies are filled with restrictions
and limitations. Often they are can-
cellable after a major illness, and bene-
fits are Inadequate. A large number of
commercial insurance companies refuse
to sell medical insurance to anyone over
65. under any conditions.

The commercial plans available to the
elderly clearly do not "flU the bill." A
mere glance at most of them shows that
they are completely beyond the means
of the vast majority of aged persons.
The benefits of one typical policy, which
costs $72 a year, are limited to $10 a day
for 31 days, up to $200 for the cost of
surgery, and half of miscellaneous hospi-
tal costs up to $125. Payments for the
same or related illness can be made
again only after 6 months. Mr. Presi-
dent, for $72 the elderly man or woman
who buys this particular policy is getting
very little. The average cost of a hospi-

tal room is double the $10 allowed. Mis-
cellaneous expenses add up quickly in a
modem hospital, and often exceed the
cost of room and board. One-third of
all patients over 65 who enter a hospi-
tal stay over 31 days.

SOCIAL SECOTirrY APPROACH IS BIST

Mr. President, those of us who have
maintained an interest in this field over
the years are aware that many and var-
ied solutions have been proposed to the
health needs of the aged. I have studied
this problem many times. I am con-
vinced that one type of proposal is far
better suited to meet the needs than any
other. I refer to the so-called social se-
curity approach.

This is the approach backed by the
President-elect.

It is the approach called for in the
platform of the Democratic Party, which
promises —

An effective system for paid-up medical
Insurance upon retirement, financed during
working years through the social secxirlty
mechanism, and available to all retired per-
sons without a means test.

It is the approach that was approved
by the State Governors at the Gover-
nors' conference in Montana, on June 29.
1960, by the lopsided vote of 30 to 13.

It is the approach that has been en-
dorsed by dozens of experts in the field,
including three former Commissioners
for Social Security— Mr. Arthur Alt-
meyer, Mr. John Tramburg, and Mr.
Charles Schottland. Both Mr. Tram-
burg and Mr. Schottland, incidentally,
served under the Eisenhower administra-
tion.

SOUND flNANCINQ

Many other nationally known experts
in the field of government finance and
social security — Prof. Wilbur J. Cohen,
of the University of Michigan; Prof.
Seymour Harris, of Harvard; Prof. Her-
man Somers. of Haverford College; and
Dean J. Douglas Brown, of Princeton
University, to name only four — have
spoken in favor of the social security ap-
proach.

Mr. President, the use of the social se-
curity system to provide health benefits
to the aged is by all odds the most equi-
table, practicable, and efficient method
that I am aware of. By using an expe-
rienced and proven administrative mech-
anism that already is in existence, incal-
culable savings can be made. Records.
statistics, administrative know-how. and
trained personnel preclude the need to
establish an entirely new governmental
• agency. The savings and convenience of
a large overall system of insurance, ad-
ministered by Social Security, would be
lost imder a system run individually by
States or under a cumbersome system of
subsidizing private insurance carriers.

The social security system — unlike all
private plans, which must depend (xx the
current payments by the aged them-
selves— spreads the burden among the
young and active members of the com-
munity. There is no cost after retire-
ment, the time when payments are most
difficult to meet.

NO MEANS TEST

There are other advantages to the
social security approach: Since payments

are deducted from payrolls, payments
are not required to be made when an
individual is unemployed. Deductions
from the payrolls are taken as a per-
centage of income — up to the maximum
of $4,800. Commercial insurance costs
the same, no matter what the worker's
income is. If Insurance is paid for
through payroll deductions, it cannot be
lost through nonpayment, through
changes in residence or place of employ-
ment, or through unilateral action on the
part of the insurer, as often happens in
the case of commercial insurance.
Above all. the social security approach
avoids use of a means test. The elderly
person who receives medical benefits
gets them as a matter of right, for he
paid for them while he was working.
The tinge of charity which hangs over
the public assistance program and makes
it humiliaUng to many aged persons who
are forced to resort to it would not touch
the benefits received under social
security.

I want to mention one other great
good that would come about if medical
insurance were made a part of the social
security system: An enormous burden
would be lifted from private commercial
and nonprofit insuraxice plans and It
would be possible to provide health in-
surance for younger people at rates lower
than those presently required.

Local welfare agencies, hospitals, and
private charities which now pay for free
or reduced care for elderly persons with
insufficient personal means would also
be relieved of a heavy burden. Similarly,
the Federal Government, which now
spends over one-third of a billion dollars
on medical care for the aged, through
public assistance and veterans programs,
would save substantial simis from its
general revenues.

Today, I do not want to get into a dis-
cussion of specific benefits that should
be included in a social security medical
bill. I only wish to point out that on
this subject there is room for differences
of opinion. We already have much
knowledge on this issue, and much evi-
dence has been taken. It is time now to
sit down and work out an acceptable
answer. The people of this country have
waited long enough. They expect us to
come up with a good bill this year.

BAELT ACTION NEEOEB

Mr. President, aging is a problem that
is of immediate concern to every Amer-
ican. Everyone has relatives and friends
who now are faced with the grave prob-
lems of the retirement years. Maintain-
ing good health is only one of these.
There are many others — social isolation
and loneliness, the maintenance of in-
c<Hne. keeping busy through gainful
employment or satisfying leisure-time
activities, proper housing, and so on.

All these problems are important, and
present us with a great challenge. With-
out doubt, the financing of good health
care in the retirement years is the most
immediate question to be settled. It
must be given very high priority in our
legislative schedule. It is one of the
great unfinished tasks of this affluent so-
ciety. Here is a himian need. We have
an obligation to meet this need with
cMnpassion and wisdmn.

THE CX>ATESVILUS DBCLARAIICXN

Mr. SCOTT. Mr. President. 85 prom-
inent businessmen recently signed the
CoatesvUle Declaration of Economic
Freedoms, a statement of principles
drafted on the occasion of the 150th
anniversary of the Lukens Steel Co. In
Coatesvine, Pa.

An engraved stainless steel plaque em-
bodying the declaration and the names of
the endorsers was presented to Presi-
dent Eisenhower at a White House cere-
mony on December 13, 1960. The Presi-
dent was deeply interested In the 10 eco-
nomic freedoms in the declaration and
indicated that greater means of com-
munication should be U£cd to spread the
principles contained in this important
statement.

I ask unanimous consent to insert in
the CoNcaxssiOMAi. Rccoiu) a copy of the
Coatesville declaration, the list of those
who endorsed it, and an article about the
presentation ceremony which appeared
in Newswe^ magazine of December 26.
1960.

There being zxo objection, the mate-
rial was ordered to be printed in the
Recobd, as follows:

The CoATESvnxE Dbci^eatmw

We. wlio are eharved with reqwswltoUlty
tor produciac mudi a€ thU lUtUm's
strength, bold this to be the decade of deci-
sion.

We believe the choice before the world
to between slavery and freedom.

We bellere the foes of freedom are for-
midable, but only M freedom to not fuUy
understood.

We tberafcre dedicate this declaration to
euch an understanding.

We bold the core of liberty to be free
choice, no less In economics than In poli-
tics; and that economic liberty has made of
thto nation a true arsenal of democracy —
not mertiy with bombs and nYlsslles, but with
food for the hungry, aid for the needy, and
aplrltaal lasplratkm for free men tiie world
over. It to an ecoaarale eyatem— liowever
Imperfect — In which no man U a lAave.

We sec at the core of this system these
economic freedon\s:

1. Freedom o£ competitive private enter-
prise, the keystone, which assures maximum
production of goods and services under pri-
vate ownership of the tools and faeflttles of
production, and holds as its highest goal the
opportunities for •eU-fulffllment for every
man and woman.

2. Freedom of choice of occupation, wtileh
offers every person a diolce of opportunity
according to his Interest and capacity, and
makes every cltKen Independent In a society
that Is dependent on him.

3. Freedom of vohmtary organisation for
private tnteTpiite. which gnarantees to all
Individuals the right to engage In and con-
duct the businesses of their own choosing.

4. Freedom of contract, whereby two or
more parties — buyer and seller, employer, em-
ployee— labor union — may enter Into volun-
tary agreement — a fundamental guarantee
at the core of this Nation's personal and
economic activities.

5. Freedom to own property and to pass It
on to one's heirs, a major Incentive toward
the limctlonlng and the generation of owner-
chip responslbllltin In a society of free enter -
prlfe.

6. Freedom to produce, buy or sell in free
markets at free prices without government
Interference — except to prevent atroses.

7 Freedom of competition, which permlte.
w.thln reasonable limits, toe growth and
prosperity at ttm tndlvidual under ttM

American enterprise s je* nia. and mshea lor
higher wages, lower prices and better prod-
ucts.

8. Freedom to trade, wtiicih with few limi-
tations, sets neither boondarles nor barriers
on the flow of oonunerce acroaa State and Mi-
tton, nor in the way at each man's pursait
of socoess.

t. Fteedom to make profits, which arc the
rewards for economic risks \indertaking, and
which support the undertaking of furtlker
rlfks and the further enrichment of aU enter-
prise.

10. Freedom of money, whereby a sound
currency is dominated by economic rather
than political forces, ensuring the i>roper
functioning of a free enterprlae society.

We believe these freedooM to be tiie es-
sence of economic Uberty, and a bulwark
of political freedom.

We. therefore, post this declaration for all
men, who wottld be free, to see and know.

COATESVnXE DBCXAaATION ENDOBSXES

C. &. Smith. iM-esldent. American Airlines:
Thomas L. Perkins, chairman. American
Cyanamtd Co.: B. F. Falriess. president.
American Iron ft Steel Institute; Paul M.
Hahn, president, the American Tobacco Co.;
liOgan T. Jc^nstoa. president, Armoo Steel
Corp.: Clifford J. Backstrand. president,
Armstrong Cork Go.

Charles H. Percy, president, BeU tt HoweU
Co.; Arthiu* B. Homer, president. Bethlehem
Steel Corp.; Robert S. Ingersoll, president,
Borg- Warner Corp.; Lee H. Bristol, chairman,
Bristol-Myers Co.; W. 8. Cutchins, president.
Brown ft WlDlamsesi Tobacco Corp.

Arthur H. Motley, president. Chamber of
Commerce of the United States; Barry T.
Lteithead. president, ClueU Peabody ft Co.,
Inc.; Wm. B. Bobinson, chairman, the Coca-
Cola Co.; Joseph V. Santry, chairman. Com-
bustion Snglneering, Inc.; Alfred C. Neal.
president. Committee for Economic Develop-
ment; R. O. Hunt, president. Crown-Zeller-
bach Corp.

Raymand F. Evans, chairman, Diamood
AlkaU Co.; Earl W. Bennett, chairman. Dow
Chemical Co.; C. H. Oreoiewalt, president.
E. I. du Pont de Nemours ft Co.

Thomas J. Hargrave. chairman. Eastman
Kodak Co.; James F. Oates, Jr.. chairman,
Bqnltable Ufe Assurance Society of the
United States.

John F. Gordon, president. General Motors
Corp^ M. O. OlleU. president. General Tire
ft Rubber Co.; Dan Gerber. president, Gerber
Products Co.; Jolui L. Collyer. chairman, the
B. F. Goodrich Co.; E. J. Thomas, chairman.
Goodyear Tire ft Rubber Co.

Arthur B. Slnkler, president, Hamilton
Watch Co.: Meyer Kestnbaum, president.
Hart Schaffner ft Marx.

Joseph L. Block, chairman. Inland Steel
Ca; Loote Ware, chairman. InternatlcHial
MineraU ft Chemical Corp.; Henry 8. Win-
gate, chairman. International Nickel Co.;
Henry H. Rand, president, International Shoe
Co.; Harold S. Geneen, president. Interna-
tional Telephone ft Telegraph Co.

H. F. Jc^uoson, chairman, 8. C. Johnson &
Sou, Inc.

C. B. Coat, president, Kcnnecott Cc^per
Corp.; Fred C. Foy, chairman, Koppers Co.,
Inc.

C. D. Jackson, publisher. Life magarine;
Charles L. Huston, Jr., president, Lukens
Steel Ca

B. A. CrConnor, chairman, the Magna vox
Co.: H. B. Maynard, president. Maynard Re-
search Council, Inc.; John A. Barr. chairman.
Montgomery Ward ft Co.; CbMilm Allen
Thomas, chairman, Monsanto Chemical Co.;
Robert W. Oalvin. president. Motorola, Inc.

Budolph F. Baxmow, president. National
Association of Manxifacturers; Lee 8. Bick-
more. president, National Biscuit Co.; Ston-
ley C. Allyn, chairman. National Cash Eeg-
tater Co.; Metvln H. Bako-. chairman, Na-

tlo— 1 Oypsum do.: William K. Blewett. jr..
president^ Newport News BhipbuUdlng ft Dry
DodkOo.

Thomas S. Nichols, chairman. OUn Mathle-
son Cheaateal Corp.; WilUasa C. Scott, presi-
dent. Outboard Marine Corp.; J. P. Levis,
chairman. Owena-IUinols Glass Oo.

Herbert L. Bamet, presklent, Pepsi Cola
Co.; Philip W. Plllsbury, chairman. PiUsbury
Co.; E. T. Asplundh, chairman. Pittsburgh
Plate Glass Co.

John L. Bums, president. Radio Corp. of
America.; Charles M. White, <^airman. Re-
public Steel Corp.; Bowman Gray, chairman,
R. J. Reynolds Tobacco Oo.

Thomas B. McCabe, president, Soott Paper
Co.; Charles B. Kellstadt, preeident. Sears
Roebuck ft Co.; Brneart Henderson, president,
Sheraton Corp. of America; Grant O. Sim-
mons, Jr., preeident, Stnunons Oo.; H. E.
ChurchiU, president, Stodebaker-Packard
Corp.

J. Doyle DeWltt, president. Travelers In-
surance Co.

John I. Snyder, Jr., cbatrman. n.S. Indus-
tries. Inc.; Alexander Calder, chairman. Un-
ion Bag-Camp Paper Corp.; Howard 8. Bunn.
president. Union Carbide Corp.: Henry B.
Htnnphreys, Jr., chairman. UB. Rubber Corp.;
8. W. AntovUle, chairman. UB. Pljrwood
Corp.; Roger M. Blough, chairman, U£. Steel
Corp.

Walter L. Morgan. |»«8ldent, Wdllngtcm
Management Co.; W. P. Marshall, president.
Western Union Telegra]:^ Co.; Bisha Gray
n. chairman, Whlrlpo^ Corp.; Hobart C.
Bamaey. chairman, Worthlngton Corp.

John L. Mautbe, chairman, Toungstown
Sheet ft Tube Co.

THE Pkesobnct: Ike Looks Back

By long tradition, delegations <rf mtany
sorts descend on the White House to be re-
ceived by the President. One such last week
was a group of industrialists who came bear-
ing the OoateevUie Declaration of Boonomlc
Freedoms, a statement of principles signed
by 85 top businessmen to mark the 150th an-
niversary of Lukens Steel Co. in OoatesvlUe,
Pa.

To the outside world, tbeae visits seem
to be rather formal affairs; but this time,
Mr. Bsenhower was intimate and relaxed.
Here, from one who was present. Is a de-
scription of a visit with the President.

Pushing way back from his desk in the
Oral Boom of the White House, Dwlght David
Elsenhower slumped low In his chair, his
legs stretched straight out In front of him.
He had Just been presented a {Maque em-
bodying the OoatesTiUe declaratton. and the
President was In a pensive mood.

"I have read this declaration, and I think
it's fine," he said to the group seated aroimd
his desk. "But It brings to mind this ijues-
tlon — how do we explain to peoirie Just
what weTe trying to do? I have a feeling
that too much of our talking in this country
to done on a horizontal basis — we talk to
people who agree with us. when we should
be communicating verUcally to all the people.

"You think that youTe getting yoxir mes-
sage across, that people are listening and
agreeing with what you're saying. Birt then,
along comes the time when they go to the
polls, and you find out that they haven't
really heard you at aU."

ITie President seemed to ha^e two groups
particularly in mind — the Negro voter and
organiaed labor. For the Negro voter, he
said, his administration had pwived the way
for great progress — total integration In the
Armed Forces and in the District of Colum-
bia, and a right-to-vote law enacted. The
President also pointed out that Vice Presi-
dent NixoK headed a commission for fair
employment on Government contracts. Yet
when the election came around, it seemed
to the President that what the Negroes
voted on was not the gains In such broad

Hi

i

f

380

■oeUl mr—M but th« number of peoirtd un-
employed, the amount and duration of un-
employment benefits, the paycheck, and Oie

As for organized labor, the Preeldent said
that the OOP got 47 percent of lt» vote in
1962 and far less than that this time. Some-
whwe. eomehow. he said, there was a failure
to communicate.

nxxDOM or choicz
Turning to the CoatesTllle declaration,
which outlines some basic American free-
doms, the President said he agreed with li-
as far as It went. But wasnt there » basic
freedom Involved in a inan being able to
work whether he Joins a union or not? This
was not to argue against unions, he added,
or to argue which side is right. But wasn't
this, he asked, an area of controversy that
should be discussed?

Mr. Blaenhower told his audience that his
own political doctrine— or philosophy— went
back to Jeffersonlan principles. He recalled
that Jefferson's party was called Republican
in those days, and his principles remain good
ones. The United States, Mr. Klsenhower
went on. has got to get away from the idea
of a welfare state — and If some people think
of that word as a good word, he himself
thinks of it as a bad word. What this coun-
try needs, he reiterated, Is to get back to
the Idea of frugality and self-dependence.

As the visit ended, the President thought
for a moment and said he would always re-
member a saying he picked up in Washing-
ton, some 40 years ago: "Nobody Is qualified
to work In Washington unless he has his bag
I>acked at all times and Is ready to leave."
If a man's Job has become so Important to
him that he cant leave It. the President
•aid, then he has no place here; he has lost
•ome of his self-respect.

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

381

n

DELAWARE STATE HIGHWAY
DEPARTMENT

Mr. WILLIAMS of Delaware. Mr.
President, today I have the unpleasant
task of calling the attention of the Sen-
ate to a deplorable situation which exists
in the Delaware State Highway Depart-
ment.

This is an agency which not only has
the responsibility of handling millions
of dollars for the Delaware taxpayers, but
also is directly responsible for the dis-
bursement of many millions of Govern-
ment funds under the Federal highway
program.

While this is primarily a State prob-
lem, nevertheless, in view of the fact
that this agency does handle such a large
amount of Federal funds, and since there
is a strong possibility that Federal laws
as well as State laws may have been vio-
lated, I feel that these situations should
be called to the attention of the U.S. Sen-
ate as well as be referred to the appro-
priate department for action.

In this report I shall call attention to
the manner in which the chairman of the
Delawaie State Highway Commission
has been usmg the power of his office to
negotiate and direct contracts to many
companies in which he has the control-
ling interest.

Through his personally controlled com-
panies, he has been leasing office space
and making sales of equipment and sup-
plies to the State agency with which he
Is working as well as selling equipment
and supplies to construction firms who
are bidding on these State and Federal
contracts.

Under his chalrmanahlp, the highway
department has been turned into a source
of revenue to finance the poUtical party
with which he Is a£Bliated. and he has
allowed the power of this agency to
award contracte, approve overruns, and
make purchases to be used as an induce-
ment in the solicitation of heavy political
contributions.

I shall point out that the chief engi-
neer of the Delaware State Highway De-
partment not only has cooperated in and
suw>orted these activities of the chair-
man, but also has been the recipient of
lavish entertainment and substantial
gifts of cash and merchandise from these
same contractors with whom he has been
negotiating.

I shall outline specific charges against
one other member of the highway com-
mission who is presently under Indict-
ment in the Delaware State courts for
having accepted kickbacks from a con-
tractor with whom he as a member of
the commission negotiated a lease. This
man is still serving as a qualified member
of the commission because the Delaware
Legislature has refused to confirm his
successor.

There has been plenty of evidence de-
veloped to show that, in addition to these
three men named, there has been a wide-
spread practice among the lesser em-
ployees— inspectors, and so forth — to ac-
cept gifts of merchandise and cash at
periodic intervals from the many con-
tractors and suppliers doing business un-
der the road construction program.

All these charges should and will be
carefully examined and taken care of.
but an agency cannot be cleared of cor-
ruption without starting at the top;
therefore. I shall confine my remarks
today to specific charges against the
three men aforementioned, and I am sug-
gesting that the time is long past due
when all three should be removed from
ofHce.

Before making this report, I wish to
compliment the attorney general of our
State, Mr. Januar D. Bove. Jr.. for the
excellent Job which he has done thus far
in exposing the scandalous conditions In
this State agency. For the past several
months he has been conducting an in-
vestigation of alleged irregularities in
the State highway department. This In-
vestigation is still underway, but it has
already developed some alarming facts.
As I direct criticism against two mem-
bers of the highway commission and the
chief engineer, the question may well be
asked as to why the Governor of Dela-
ware has not acted more forcibly.

The fact is that the Delaware Legisla-
ture several years ago. through "ripper
legislation," overrode the Governor and
enlarged the membership of this State
commission, even going so far as to
name the members of the commission in
order that their political party might
control the patronage and decisions of
this important agency.

This "ripper legislation" was enacted
by a Democratic-controlled legislature
and passed over the veto of the Gover-
nor.

Since that time the terms of many of
the members of this commission have ex.
pired, but the same politically controlled

legislature has arrocaoUy refused to con-
firm the Oovcmor'a appointees.

Under Delaware law, the old members
of the commission continue to serve un-
til such time as their successors are con-
firmed.

This "ripper legislation" was opposed
by the then Governor of oxuc State, Mr.
Boggs; It was opposed by the present
Governor of our State. Governor Buck-
son; and It was also opposed by our Gov-
ernor-elect. Mr. Carvel.

In fact at the time this arrogant pro-
cedure was adopted by the legislature.
Governor-elect Carvel was serving as
chairman of the Democratic State com-
mittee, and In that capacity strongly op-
posed the action by the legislative mem-
bers of his own party.

This "ripper legislation" is subject to
severe criticism, and the manner In
which the legislature In Its bills named
the members of the highway commission,
thereby usurping the appointive powers
of the Governor, Is Indefensible. It does
not mean, however, that all the mem-
bers of the commission were political
stooges. There were some good men on
this commission, but the fact remains
that the commission was deliberately
politically loaded.

As further evidence of his concern, a
special committee of outstanding citizens
of Delaware has been ain>ointed by the
Governor-elect with the request that It
survey the charges which have been
leveled against this agency and submit
to him its recommendations for correc-
tion.

I point this out lest my remarks be in-
terpreted as criticism of the good Inten-
tions of the past Governor, the Gover-
nor-elect, or his committee; however.
this Is a problem Involving not only our
State, but also the Integrity of men who
are handling millions of Federal f imds.

To emphasize the seriousness of this
situation I quote from Attorney General
Bove's interim report to the State high-
way commissioners imder date of Novem-
ber 1960:

MOaal. LAZITT

Perhaps most important is the fact that
our investigation has already laid bare the
existence in the highway dep«rtment of •
moral laxity which is Incompatible with the
honest management of large sums of money.
The low standards of conduct are perhaps
beat ezempUfled by the common practice
that State highway department employees
from the highest office on down receive gifts
In cash or in kind from those persons doing
business with the highway department.
Perhaps even more shocking is the apparent
ignoring. In at least one Instance, of crime
by the members of the commission, or at
least some of them, even after the facts had
been fuUy disclosed. Further, there exists
a recognised acceptance of self-dealing. In
this atmosphere, petty graft appears to
flourish luxuriantly and clearly there is no
wUl on the part of highway department
employees to withstand political or other
pressures. Control over the disbursement of
funds is inevitably lost.

More specifically, the charges against
these men are as follows :

The chief engineer of the Delaware
State Highway Department, Mr. Richard
A. Haber, frankly admits accepting lavish
gifts from 125 contractors and operators
doing business with the State highway
department.

These gifts range from a bottle or
cases of whisky and cash items of $20
to $100 up to gifts with a valuation in
excess of $500.

This is a top employee of the depart-
ment and one who has the responsibility
of recommending the awarding of con-
tracts and the payment of ovemms in-
volving millions of State and Federal
funds to these same contractors.

When Mr. Haber was asked by Attor-
ney General Bove, how widespread is
this practice at this time, he answered.
"I would say that of our 1,100-odd em-,
ployees. at least 1,050 of them will have
received a gift of some sort every year."

When asked, "And are those gifts in
cash and also in the form of presents?"
Mr. Haber replied, "Yes. sir."

Mr. Haber admitted having person-
ally accepted two gifts upon which he
placed a valuation of around $500 each.

One gift to Mr. Haber came from the
contracting firm. Greggo k Ferrara.
This company gave to Mr. Haber's wife
a silver tea set. upon which he placed a
valuation in excess of $500. This con-
tractor does substantial business with
the State of Delaware, and Mr. Haber
as the chief engineer is In the position
to recommend approval or disapproval
of his contracts or overruns.

Another sizable gift was a portable
bar installed In 1956 in h\B new home by
Henry C. Eastburn & Son, a contractor
who not only does substantial road
building construction for the State, but
also has had unusually large overruns
approved by Mr. Haber — at least one of
which had been previously rejected by
the highway commission.

Mr. Haber also admits receiving nu-
merous other items of ca.sh and mer-
chandise from 125 contractors and sup-
pliers doing business with the State of
Delaware, and there is plenty of evidence
that he was a party to using the power
of this agency in urging or practically
demanding that these contractors and
suppliers make substantial contributions
to his political party.

In fact, <me of these contractors,
Henry C. Eastburn tt Son, who had In-
stalled the bar In Mr. Haber's home, also
wrote two checks totaling $15,000 pay-
able to the Democratic State commit-
tee— all during the same period in which
they were being given approval for large
overruns on State contracts.

These two political contributions are
Identified as follows:

One check was for $9,000 (check No.
2658) made payable to the Democratic
State committee and signed by Henry C.
Eastburn k Son, Inc.. Newark, Del.

The second check was for $6,000 (check
No. 655) also made payable to the Demo-
cratic State committee but drawn on
the account of the Newark Construction
Co., Inc.. of Newark, Del. This company
Is controlled by Henry C Eastburn li
Son, Inc.

Both checks were drawn on the re-
spective corporation's accoimts in the
Equitable Security Tinst Co., of Wil-
mington, Del., and the checks were de-
livered to Mr. Garrett Lyons (now de-
ceased), then the Democratic State
chairman.

Mr. Haber admits that perhaps Mr.

Lyons had discussed this previously re-
jected claim of the Henry C. Eastburn
construction company with him.

When the chief engineer, Mr. Haber,
was asked what significance he would
attach to the payment of the Eastburn
previously rejected claim and the two
political contributions, he replied that
"you would put two and two together."

I shall not take the time of the Senate
at this time to docimient more than this
one specific case wherein political con-
tributions are involved; however, I will
state that r.here are many such instances
which we do have fully docmnented and
which clearly establish that there has
been a widespread practice condoned by
the chairman of the commission and
the chief engineer to help finance the
Democratic State Party through solicited
or forced contributions from these re-
spective contractors and suppliers.

Not only are the contractors being so-
licited, but also this investigation has es-
tablished that many of the employees of
the Delaware State Highway Depart-
ment are being forced to contribute a
part of their paycheck to the Democratic
State committee.

To make this charge even more serious,
both the kickbacks from the employees
and the solicitations from the contrac-
tors have been collected by employees of
the State highway department while on
official duty and on occasions even when
using a State car.

Both the solicitation and payment of
these political contributions by the nu-
merous corporations and ccnnpanies who
have been doing business with the State
and Federal Governments is unquestion-
ably a violation of the Federal law.

In addition to condoning the solicita-
tion of political contributions from these
contractors, the chairman of the Dela-
ware State Highway Commission, Mr. J.
Gordon Smith, has flagrantly abused his
authority as chairman of the commission
to divert a substantial volume of pur-
chases being made by the Delaware State
Highway Department to companies di-
rectly controlled by himself or members
of his immediate family.

Through his ownership or control of
the Kent County Motors, numerous office
buildings, and equipment agencies, Mr.
Smith as chairman of the Delaware
Highway Commission has been negotiat-
ing with himself rather lucrative deals.

He as chairman of the Delaware State
Highway Commission has negotiated for
office space in buildings which he and
manbers of his immediate family own.

As an automobile dealer he has en-
joyed profitable sales of cars and trucks
to the Delaware State Highway Depart-
ment, and many of these purdiases were
without bids.

As an agent for various types of equip-
ment used by the State of Delaware and
equipment used by these same road-
building contractors and suppliers he
has used the power of his office In the
furtherance of his sales.

The most flagrant example of Mr. J.
Gordon Smith's abuse of the power of
his position as chairman of the State

highway commission is exemplified by
the manner in which the Delaware State
Highway Department purchased the
present site of the new State police head-
quarters, north of Etover.

In 1956 the commissioners of the Dela-
ware State Highway Department were
interested in procuring a site for the new
location of headquarters for the Dela-
ware State police.

As chairman of the State highway
commission, Mr. Smith was aware of this
interest and knew the location desired.

There was a property of approximate-
ly 200 acres lying on U.S. Highway 13,
north of Dover, owned by Mrs. Mai-y At-
tix and her husband and other heirs.

Mr. Smith obtained an option on this
property to purchase the entire tract for
$80,000, with the option containing a
proviso that the deed or deeds would be
made to him or his nominees.

Immediately after obtaining this op-
tion a meeting of the Delaware State
Highway Commission was called by him
as chairman.

Upon his recommendation the com-
mission without any knowledge of Mr.
Smith's option was told that a small
comer of this property — about 3 to 5
acres — could be obtained for $40,000
from Mrs. Attix and others, and upon
his recommendation the purchase was
authorized.

He then instructed his attorney to re-
quest two deeds— one wherein the small
tract would be deeded direct to the State
of Delaware, and the other showing the
remainder of the tract to be deeded to
him.

In payment for the transaction he pre-
sented the $40,000 check of the State of
Delaware and his own check for the
balance. This made the transaction ap-
pear on the highway department books
as a direct purchase from the original
owners.

This Is but one example of the arro-
gant manner in which Mr. Gordon Smith
has used the power of his office as chair-
man of the Delaware State Highway
Commission, and when this abuse of
power for personal gain is considered in
conjunction with the manner in which
he has condoned the open solicitation
or demands upon these road building
contractors that they finance his politi-
cal party, most certainly it demonstrates
that the time is long past when Mr.
Gordon Smith should be removed from
public office.

Mr. Robert D. Thompson, of Rehoboth,
is another member of the Delaware State
Highway Commission who has used the
power of his office to enrich his own per-
sonal fortune.

Mr. Thompson is presently imder in-
dictment in our State courts for accept-
ing kickbcKsks on a contract, but notwith-
standing this fact, as a result of the
failure of the Delaware Legislature to
confirm his successor, he is still serving
as a member of the Delaware State High-
way Commission and charged with the
responsibility of spending millions of
State and Federal funds.

Mr. Thompson is «)eclfically charged
with having accepted a $6,500 annual
kickback from Mr. Alvin Simpler, who

^*

382

CONGRESSIONAL RECORD — SENATE

Jantiary 9

1961

CONGRESSIONAL RECORD — SENATE

383

i

was holding a contract for a State con-
cession near the Indian River Inlet.

The significant point in this instance
is that this particular contract was nego-
tiated on behalf of the Delaware Stotc
Highway Department by Mr. Thompson
in his official capacity as a member of
the commission.

In negotiating this contract upon

Mr. J. Gordon Smith. Mr. Richard Ha-
ber. and Mr. Robert Thompson be re-
moved. , . .

These charges cannot be ignoi*ea oy
the UJS. Government on the basis that
they are solely a State problem. Many
of the contracts awarded by this agency
carry Federal participation of from 60
percent to 90 percent. Therefore, the

trailers would be enlarged and that the
rentals could be raised from $30 to $50.

Also, under the agreement the State
highway department was to furnish the
materials for the enlarsement of the bait
stand.

The highway department also prompt-
ly furnislied a deep well which was
needed and which had been requested by
an earlier tenant but not provided.

These are the major concessions which
had not been extended to the previous
tenants although they had paid exactly
the same rent as provided for in Mr.
Simpler 's contract.

This particular kickback was being
paid to Mr. Thompson on a contract
which involved only State property and.
therefore, the Federal Government Is not
Involved except that it does show the
caliber of one of the commissioners of
the Delaware State Highway Depart-
ment, which department is presently
spending not only State but also Fed-
eral funds.

However, even here there is a question
as to whether the Federal Income tax has
been paid on this kickback by Mr.
Thompson, and also the Treasury De-
partment win be Interested In knowing
whether or not the kickbacks paid by the
contractor were charged ofT as business
expenses.

Payments to public ofBcials of bribes
or Illegal kickbacks are not deductible
items for income tax purposes.

As stated earlier there are many other
Instances of imwarranted acceptance of
gifts and entertainment on the part of
numerous employees. Inspectors, and so
forth, of the Delaware State Highway
Department, each of which requires ap-
propriate action ; however, before begin-
ning to clean up the Improprieties of cer-
tain lesser employees it is essential that
we start right at the top and get rid of
those officials who not only have con-
doned these Improper practices but also
who by their own actions have set a very
low standard of morals as to the respon-
sibility of public officials.

Only recently the financial world was
shocked when the directors of one of our
large corporations fired the president of
that company because he was foimd to
have been directing some of the procure-
ment for the corporation to companies
with which he was aflUiated.

This drastic action was supported by
the entire business world. Certainly we
are not going to establish a lower code
of ethics for the conduct of public offi-
cials than that which Is being enforced
in private industry.

Just as the direeUM's of this corpora-
tion renu>Ted their officer, so. too. must

men who are administering these funds.
It is a very serious situation when we find
that the men who have the responsibility
of awarding contracts and inspecting the
work of the road construction companies
have been receiving substantial gifts
from the same contractors.

Many questions of impropriety remain
to be followed through, with appropriate
action to be taken In regard to both
State and Federal laws which may have
been violated.

I am hoping that with the cooperation
of the Delaware State Legislature these
men, should they refuse to resign, will
be fired; however, should the legislature
refuse to cooperate with the Governor-
elect and Attorney General Bove in
cleaning up this agency, there Is one
further step which can be taken — a step
which I hope wOl not be necessary. But
If necessary I shall not hesitate to Intro-
duce in the Senate a resolution request-
ing that the Bureau of Public Roads be
instructed to withhold all further Fed-
eral funds under the Federal highway
participation programs until such time
as the appropriate action has been taken
to clean up this department.

I close my remarks today by empha-
sizing that while I have had the un-
pleasant task of making charges against
citizens of my State and an agency of
my State. I do not want my remarks to
be construed as a blanket Indictment
against all of the officials or employees of
the Delaware State Highway Depart-
ment.

I know that the overwhelming major-
ity of the officials and employees of this
agency deplore this situation just as
much as 1; however, with this corruption
existing at the very top and being con-
doned by high political officials they have
been handicapped as long as these men
remain in power.

At the same time. I want to point out
also that while the information that has
been called to the attorney general's and
to my attention thus far has Involved
political contributions made to the Dem-
ocratic State committee, we have been
cautioned that If we persist In this in-
vestigation we may find similar contribu-
tions to the Republican Party.

My answer to this suggestion is that It
makes no dlftcrence — It Is still wnmg,
and we are requesting that if anyone
knows of any Improper political eootri-
butions to either party we would appre-
ciate having such information, and it
will be dealt with accordingly.

Mr. MANSFIELD. Mr. President. I
ask unanimous consent that the Senate
now proceed to the consideration of Sen-
ate Resolution 4.

The PRESIDING OFFICER. Is there
objection? The Chair hears none.

The Senate resumed the consideration
of the resolution (S. Res. 4) to amend
the cloture rule by providing for adop-
tion by a three-fifths vote.

The PRESIDING OFFICER. The
question is on agreeing to tlie Humphrey.
Kuchel, and otliers. amendment.

Mr. MANSFIELD. Mr. President. I
suggest Uie absence of a quorum, and
may I call to the attention of the at-
taches of the Senate that It will be a live
quorum, so all Senators may be iu>tifled.

The PRESIDING OFFICER. The
clerk will call the roll.

The legislative clerk called the roU,
and the following Senators answered to
their names :

(No. 4]

Blender MetcaU

Kngle MlUer

Bnrln Moras

Fang Mortoa

Pulbrlsbt Mom

OoldWBter Miuult

Oora MmU*

Qruenlnc Neubevcer

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AMENDMENT CfP CLOTURE BJJIX

The PRESIDINO OPTICER. (Mr.
Binnxcx In the ehair) . Is there farther
morning business?

Mr. HUMPHREY. I announce that
the Senator from Illinois IMr. DouclasI.
the Senator from Indiana (Mr. HAanxl.
the Senator from Tennessee (Mr. Kb-
FAuvasl. the Senator from Oklahoma
IMr. KcsRl. the Senator from Missouri
(Mr. LoMo]. the Senator from Oklahoma
IMr. MoNiOMKYl, the Senator from Mis-
souri IMr. SYMmcTONl, the Senator from
South Carolina [Mr. Thus m oho 1. and
the Senator from Ohio IMr. Towel are
absent on official business.

Mr. KUCHEL. I announce that the
Senator from New Hampshire (Mr.
BsiDGxsl and the Senator from New
York IMr. JavitsI are necessarily absent.

The PRESIDING OFFICER. A qoo-
rum is present

Mr. BLAKLEY. Mr. President

The PRBSIDINa OFFICER. The
Chair recognizes the Senator from
Texas.

Mr. BLAKLEY. Mr. President, it is
with reluctance and humility that I rise
to address the Senate so short a time
after taking the oath of office as a Mem-
ber of this body.

I recognize my position as a freshman
Member and fully respect and appreci-
ate my senior colleagues.

It is to be doubted that any Issue that
may arise during this session of Con-

gress will be of more far-reaching im-
portance than the subject now under dis-
cussion to change the rules of the Sen-
ate, specifically rule 22, respecting the
limitation of the right of debate.

The question involved has to do with
the fundamental liberties guaranteed us
under our US. Constitution.

Senators far, far better equipped than
I have discussed this question during the
last few years.

I cannot hope to rise to their stand-
ards.

Yet, feeling so strongly about this is-
sue, I could not remain silent and be
true to my convictions. I could not re-
main silent and keep faith with the peo-
ple of the great State I represent.

I must speak even though I cannot
do so with the eloquence or the wisdom
of those who have preceded me.

Mr. President, we have been told by
able and distinguished Senators that this
is a majority-rule amendment to the
Senate rules that we are considering.

That has a fine sound to It.

But let us analyze exactly what it
means.

We are told that the will of the major-
ity should prevail. We are told that it
is in the American tradition that a ma-
jority should prevail.

Yes.

And yet, the minority also has rights
that should be respected.

While a majority may govern, in our
Nation a majority does not rule. There
is no more divine right to majority rule
than there Is divine right to monarchy.

Mr. TALMADGE. Mr. President, will
the Senator from Texas yield?

Mr. BLAKLEY. I yield.

Mr. TALMADGE. I commend my
friend from Texas for the fine speech he
is making. Is it not true that if a ma-
jority had ruled. Andrew Johnson would
have been Impeached as President of the
United States for upholding law and the
Constitution?

Mr. BLAKXEY. The Senator Is cor-
rcc^

Mr. TALMADGE. If a rule XXn had
been In force In the German Reichstag,
Is it not true that Adolph Hitler prob-
ably would never have seized all power
in Germany?

Mr. BLAKLEY. The Senator is abso-
lutely correct.

Mr. TALMADGE. Is not also the
same comment true with rrference to
Mussolini In Italy?

Mr. BLAKLEY. Yes, indeed.

Mr. TALMADGE. Is it not true that
as long as we have freedom of debate and
strong and determined and courageous
Senators, we can protect the rights of
minorities from being trampled upon by
a majority at any given moment?

Mr. BLAKLEY. That Is the piupose
of the imlqueness of the UJS. Senate.

Mr. TALMADGE. I thank the able
Senator.

Mr. BLAKLEY. Our governmental
design is not that the minority should
be ruled by the majority. Governed yes,
but ruled never.

Our Constitution and the r^resenta-
tive govenunent with which we are

blessed provide a great multitude of
safeguards for the protection of minority
rights.

The focal point, the very center, of
this carefully planned system of safe-
guarding minority rights is the UJ3. Sen-
ate, with Its tradition of full and free
debate on all issues.

I would not willingly see this changed.

I believe any change that would lessen
the protection now given minority rights
would be a tragic backward step in the
unceasing struggle to maintain individ-
ual freedom of this Nation.

We have before us a proposal that, ac-
cording to those who favor it, would
place only a reasonable limit on free
speech.

I am forced to reject the term.

I cannot beUeve there is such a thing
as reasonal^le limitation of free speech.

Either speech is free or it Is not free.
Either a man has the right to have his
say or he does not have that right.

The proponents of this proposal — and
I do not for a moment impugn their mo-
tives or question their good intentions —
state they are simply seeking a means of
preventing filibusters in the Senate.

I am frank to say that the word "fill-
buster" does not frighten me in the
least.

Those who speak of filibusters are those
who want to make it easier to impose
cloture, which means limitation of de-
bate, which means gag rule.

If we are going to use scare words, the
opposite number of filibuster is gag rule.
I would much rather take a chance on
the former than on the latter.

It is not talk that threatens freedom.
The threat comes from enforced silence.

The right of full freedom of speech
somewhere in our lawmaking process is
essential to the maintenance of all the
other freedoms with which Americans
are blessed. The forum of all forums for
exercise of that right traditionally has
been the U.S. Senate — and by express
design of the authors of the Constitution.

Mr. President, we cannot afford to
vote away that right.

The right of unlimited debate in the
Senate is a potent protection of the right
of all the American people to complete
information regarding all decisions fi-
nally made by the Congress.

It Is a protection against the destruc-
tion, whether accidental or purposeful,
of the important constitutional separa-
tion of powers between the legislative
branch and other branches of the
Government.

It is a protection to Senators them-
selves— and, of course, to the people they
represent — against hasty action or Ill-
advised action based on incomplete in-
formation.

I have not been In this body for long.
But Senators who have been here for
many years will testify that few. Indeed,
are the good laws that were written in
haste — few the poor laws written delib-
erately and with full consideration given
to all factors involved.

Mr. President, we act here for 180 mil-
lion people as Americans. We also act
for them as citizens — ^in some, many; in
some, comparatively few— of 50 sov-
ereign States.

Each of these States is equally repre-
sented in the Senate. The most popu-
lous State has no more votes in the Sen-
ate than the least p>opulous. Each of the
50 speaks here with as loud a voice as any
other.

Why, then, should Senators view with
approval a majority -rule amendment as
appUed to the procediu-es of the Senate?

Why should It be made possible for a
majority of the Senate, conceivably
representing a minority of the American
people, to cut off discussion of legislation
affecting all the people?

Is not the present two-thirds rule a
sufficient restraint available for use
against a single Senator who Is backing a
last desperate fight for the preservation
of freedom?

The majority-rule amendment argu-
ment falls of its own weight.

Mr. President, the United States lives
and has Its being In a systSm based on
freedom — individual freedom, freedom
of enterprise, freedom in government.

Each of these freedoms depends on
the other. None could stand alone.
If one falters, the others inevitably are
weakened.

These are the freedoms we must main-
tain— the essentials guaranteed by the
Constitution and the Bill of Rights.
They are the freedoms that sustain and
strengthen us In times of trouble. They
are the freedoms that give us sound rea-
son, in times of adversity, to put aside
gloom and to look with confidence to the
future.

Two components of these basic free-
doms would be directly weakened by the
proposals we are now considering. The
remaining one would be subject to con-
sequent erosion.

The right of individual freedom of ex-
pression would be weakened.

Freedom in government, depending
basically on unhampered consideration
of all proposed legislation, would be
weakened.

And, of course, this whittling away of
individual freedom and freedom in gov-
ernment would adversely affect freedom
of enterprise.

This is what happens when you start
tampering with our freedom system.

If we grant power that makes it easier
to impose gag rule in the Senate, we have
to assume that, at some time or another,
the power i^ going to be used.

We need hot be concerned with how
this power might be used to do no harm
to the liberties of the people. If no
harm is involved, we do not have any
need for this proposal to reduce the right
of free speech in the Senate.

But we do need to concern ourselves
with considering — carefully and pru-
dently— how such a grant of power
might be used to do harm, deep and
lasting harm, to the liberties of the peo-
ple.

It is of the majority-rule amendment
that they speak to us.

But, Mr. President, simple majority
rule is not at all the basic principle of
the UJS. Constitution and its mil of
lUghts.

The authors of the Constitution as-
sumed that the rights of the majority
would hardly be abridged. These rights

384

CONGRESSIONAL RECORD — SENATE

January 9

would be taken care of by simple force
of numbers.

The authors of the Constitution were
more concerned — and properly so — with
the rights of the minority.

Thus they provided that the Consti-
tution itself must be ratified by three-
fourths of the original States.

Thus they provided that the Consti-
tution could be changed not by a simple
majority but only through ratification
of proposed changes by three-fourths of
the individual States.

This was done deliberately by the
Founding Fathers — and their purpose
was to insure deliberation when con-
stitutional changes were proposed.

The President's veto of a measure
passed by Congress cannot be overriden
by a simple nxajority — no. not by a three-
fifths majority, either.

Treaties must be approved by a two-
thirds vote of Members of the Senate
present and voting.

Mr. President, the first settlers came
to America to escape oppression. When
they founded a new nation, the wisest
among them drew up a Constitution that
established a Government under which
freedom flourished.

Under this system of freedom, a strong
and vigorous society sprang into exist-
ence. America became the promised
land to Europe's teeming millions, and
they came here because this was a good
place to live and a good place to make a
living. Eventually, we had to enact laws
to control the flow.

Strangely, there were those among this
new population who began to call for
changes in the very system that made
the United States so attractive to them.
Some among us are too prone to feel
that the Constitution should be changed
to meet some Immediate desire. Some
are impatient with the restrictions the
Constitution places on government.

But those restrictions are important
and necessary. If government Is not re-
stricted. It becomes the master, rather
than the servant of the people.

That is something which might well be
kept in mind by those who may be de-
luded by past experience with lawmaking
bodies where simple majorities decide
every issue.

The U.S. Senate is different. It was
meant to be different — a fonmi where
every State Is equal to every other State.

Just as the Constitution itself provides
a method for changing the Constitution,
so do the rules of the Senate provide a
method of changing the rules.

And, of course, the rules have been
changed — a number of times. There Is
no roadblock to changing the rules of
the Senate. That Is not the issue here,
although efforts are put forth to make
It seem the issue.

Mr. President. I said a little while ago
that I am not frightened by the word
"fUibuster." I repeat that statement.

Filibuster is a word used by opponents
of full and free debate in an attempt to
cow and shame those who believe whole-
heartedly that, in the U.S. Sen-
ate at least, there should be no hesitancy
about exploring completely any issue
that arises.

There are those of us who will not be
cowed, who will not be shamed, when

this word filibuster Is hurled at us as an
epithet.

It is a word that, when its essential
meaning is clear, may be regarded as a
badge of honor.

If to filibuster means to stand up — and
to stand up for a long time, if that is
necessary — for the right of a minority
viewpoint to be presented fully and ade-
quately, then I for one shall not hesitate
to speak out. to filibuster, if you please —
when the occasion demands.

If to filibuster means that the Nation's
lawmakers must avoid the temptation to
legislate only from day to day. ignoring
the lessons that the past hold for the fu-
ture, then we must have lawmakers who
are willing to say, "On this issue I take
my stand and I will strive to inform my
colleagues and the American people."

Mr. President, I believe, deeply and
wholeheartedly, that the freedom to de-
bate on matters affecting the welfare of
our people is basic. I believe this free-
dom is Indispensable If we are to main-
tain our other freedoms.

If I did not believe this, I would not be
in the Senate at all.

It is easy to say that If we accept the
proposals now being presented to us,
we would be giving up only a little.

That is what the Arab said when the
camel first thrust his nose Inside the
tent.

Soon the camel had the tent. The
owner of the tent was outside in the cold
of the night.

Mr. President. It is impossible to sub-
tract a little freedom here and say the
loss will be made up there.

Lost freedom Is gone. It does not re-
appear. It is not compensated for else-
where.

Even after listening to the disciission
here since the Senate convened, I can-
not keep from feeling a sense of surprise
that the issue involved should be pre-
sented as one of — and I will have to place
the words in quotation marks — "liberals"
versus "conservatives."

It is not, I submit, a correct presenta-
tion. For the termijQology indicates that
"liberals" — quotation marks again —
favor gag rule of the Senate and "con-
servatives" oppose gag rule of the
Senate.

No. This could not be true.

Mr. President, It is not liberal to fa-
cilitate cutting off debate in the U.S.
Senate on matters affecting the pe<9le
of all the 50 States represented here.

Is it, then, that only the conservatives
are to speak out freely on behalf of free
speech?

At bottom, this Issue does not have
anything to do with liberalism or con-
servatism. But if defending the rights
of minorities is to be regarded as con-
servatism, then I accept — I gttLap — the
designation, conservative.

Conservatively, if that is the word to
be used, I believe the rights of minori-
ties must be preserved.

Conservatively, I go along complete
with the 10th amendment to the Consti-
tution, which providet that lights not
delegated to the Federal Oovemment re-
main with the States or with the people.

Conservatively, I hold to the eoneept
that, in the Senate of the United States.

each one of the 50 sovereign States is the
equal of any other.

Conservatively, I stand for freedom of
the individual; for freedom of enter-
prise; for freedom In government.

I hope, as I believe, that this kind of
conservatism is Americanism as sound
and valid In the second half of the 30th
century as it was when some wise men
met in Philadelphia and wrote a docu-
ment that formed the basis for a new
and free nation.

Mr. President, I succeeded to the Sen-
ate seat left vacant by the resignation
of a great American, Lyndon B. Johnson.
Vice-President-elect of the United States.
Almost 12 years ago, when Lyndon John-
son was beginning his Senate career, he
delivered an address here entitled. "Un-
limited Debate; The Last Defense of
Reason."

It was a truly outstanding speech, one
that foretold the brillismt career that
lay ahead of this man. I should like to
quote the final paragraph of that ad-
dress by a then freshman Senator. Here
it is;

Thl« freedom we debate, Mr. President. I*

fundamental and Indlapenaable. It standa
as the fountalnhead of all our freedoms. If
we now. In haste and Irritation, shut off this
freedom, we shall be cutting off the most vi-
tal safeguard which minorities possesa
against the tyranny of momentary majori-
ties. I do not want my name listed as one
of those who took this freedom away from
the world when the world moct needed it.

Mr. President, whatever may be my
privilege of service in this, the greatest
deliberative body in the world, it is with
the deepest of gratitude that I have been
permitted this presence here today, to
raise a voice In defense of freedom.

Mr. EASTLAND. Mr. President, will
the Senator from Texas yield?

Mr. BIiAKLE7. I yield.

Mr. EASTLAND. I desire to congratu-
late the distinguished Junior Senator
from Texas. He has made one of the
ablest and finest speeches on this sub-
ject that has been delivered in the Sen-
ate since I have been here, and I have
been a Member more than 18 years,
and have heard this subject discussed
over the years. The Junior Senator
from Texas has made a very outstanding
address.

Mr. BLAKLEY. I appreciate very
much the comment of the senior Sena-
tor from Mississippi.

Mr. STENNIS. Mr. President, win
the Senator from Texas yield to me?

Mr. BLAKLEY. I yield.

Mr. STENNIS. I wish to commend th«
Senator from Texas for a very fine ad-
dress. It represents sound thinking and.
I know, very sincere thinking. It also
represents a very fine understanding of
the most practical side of the problem
we have here to be decided on the floor
of the Senate.

I commend the Senator from Texas
▼ery hlg^y; and I believe that his words
of caution and sound wisdom will have
influence lK>th here and elsewhere in the
Nation. So I am one of the Members
of the Senate who appreciate very much
the real contribution he has made.

Mr. BLAKLEY. Mr. President. I thank
the Senator from Mtiwlmtppi for liis com-
ment.

1961

CONGRESSIONAL RECORD — SENATE

385

BIr. BUSSELL. Mr. President. wtU
the Senator from Texas yield to me?

Mr. BLAKLEY. I yield to the senior
Senator from Oeorgia.

Mr. RUSSELL. Mr. President. I wish
to c<mimend very heartily the distin-
guished Junior Senator from Texas for
the eloquent speech he has made in de-
fense of the fundamentals of American-
ism that have enabled this country to
achieve its present greatness.

Many years ago a distinguished British
scientist and able author came to this
country and studied our institutions of
government. After concluding his study,
he said. "I see nothing so remarkable
about the Constitution of the United
States, because it is all sail and no an-
chor." He went on to say that in the
years to come, mobs would arise and
would take over this country on the
impulse of the moment, and that we
would, therefore, have our Institutions of
government destroyed. He also said that
the American Republic would be as fear-
fully plundered as the Roman Empire
was in the sixth and eighth centuries,
but that the Huns and Vandals would be
generated within our own institutions.
But. Mr. President, he overlooked the
great anchor that has provided stability
to these United States ttirough all the
years since the Constitution was adopted
in 1788: that anchor has been the Sen-
ate of the United States, and the rules
of the Senate which permit the repre-
sentatives of the several States to stand
upon this floor and speak. That anchor
has been the refusal of the Senate to
gag its Members as every other parlia-
mentary body has done. In my opinion*
the one great stabilizing factor that has
preserved our form of government
through all the years has been the right
of discussion in the Senate.

So. I am reassured, Mr. President
when from the great State of Texas there
comes to this body a Senator who rises
and makes so eloquent a statement In de-
fense of the fundamentals upon which
we must rely if this coimtry is to con-
tinue to grow and expand, as has been
done by the distinguished Junior Sen-
ator from Texas; and I congratulate
him.

Mr. BLAKLEY. I thank the Senator
from Georgia.

Mr. ERVIN. Mr. President, will the
Senator from Texas yield tor an ob-
servation?

Mr. BLAKLEY. I yield.

Mr. ERVIN. I wish to commend the
Junior Senator from Texas for his very
able statement He has made a great
contribution to the present debate. He
has also emphasized a fact stated t^
the Supreme Court of the United States
in one of its great decisions — that "the
Constitution in all its provisions looks
to an indestructible nnicm composed of
indestructible States." A point which
sometimes I fear the American people
are losing sight of is that there will no
longer be a government under the Con-
stitution if the Federal Oovemment be-
comes so strong that it swallows up the
States.

The able and dlstinsnished Senator
from Texas pointed out exceedingly well
the fact that there is danger in the tyr-
anny of a majority. He has emjdiasiaed

C?VII 38

the fact that the value of the Senate
to our system of government Ues in the
fact that the Senate has always recog-
nized as a most valuable attribute the
power of unlimited debate.

I have always liked the expression
which has been attributed to Voltaire:

I disagree with what you say, but I wlH de-
fend to the death your right to say It.

Mr. President, it is a fact of American
history that time and time again the
Senate, through the exercise of its right
of unlimited debate, has been able to
educate not onlj' the coimtry but also
the Members of the Senate itself as to
the implications of proposed legislation
of a dangerous nature; and time and
time again a minority of the Senate, by
reason of the right of tinlimlted debate
secured to Members of the Senate by
Senate rules, has been able to convince
a majority of the Senate and a majority
of the country of the unsoundness of the
views which a majority of the Members
of the Senate was seeking to impose
upon the American people in the guise
of law.

I think the junior Senator trom Texas
has made a great contribution, not only
to this debate, but also to the preserva-
tion of one of the fundamentals of
American government. In emphasizing
the necessity of having the Senate con-
tinue to be a body in which a minority
will have a reasonable opportunity to
convince a majority of the errors of the
ways erf the majority, and thus protect
the country against unwise legislation.

I find it rather strange, Mr. Presi-
dent— and I am glad the able and dis-
tinguished Junior Senator from Texas
shares this view — that any group of men
would wish to silence other men, for fear
that the ones they wish to silence might
be able to persuade them that they are
in error.

So I wish to commend the SenatOT
from Texas for striking a powerful blow
in favor of preservation of the thing that
makes the Senate so valuable to the Na-
tion, namely, the right of a minority not
to be gagged by a majority. I agree with
the Senator from Texas and with the
elder Senator Robert M. La Follette that
whenever there comes a time in the Sen-
ate when a majority of one can silence
the minority, that moment will soimd the
death knell of constitutional liberty in
America.

So I commend the Senator from Texas
on the great contribution he has made
by emphasizing these points.

Mr. STENNIS. Mr. President, today
I wish to address the Senate with refer-
ence to the pending matters concerning
rule XXn, including points with refer-
ence to the ruling of the Vice President
as to the alleged invalidity of rule
XXXn, particularly the amendment to
that rule enacted in 1957.

The effect of that ruling, as I under-
stand it, Mr. President, is that the Vice
President, through that ruling alone, as
to amendment of the rules of the Senate
at this particular time in the session,
would set up a new syst«n of rules that
would include the previous question
being operative on the floor of the Sen-
ate, more than a century after its being
outlawed, and providing that the pre-

vious question could be decided by a mexe
majority vote, and could be decided even
without debate.

Mr. President, I dislike to raise the
question, at the beginning, of civil rights,
but I believe if the ruling were not tied
in. in a general way, with the atmosphere
of the so-called civil rights question, al-
ready there would have been great in-
dignation expressed on the floor of the
Soiate. I beUeve many, many, many —
far more than a majority — of the Mem-
bers of the Senate already would have
risen up against the ruling to protect Uiis
institution.

I say that with all deference to the
Vice President or to anyone else who has
a position on this matter.

Mr. President, only 2 short years ago.
almost to a day. in very plain, simple,
concise, understandable language, the
Senate, when it had the question before
it, adopted an amendment to rule XXXII,
which is only two and a third lines long.
I quote now section 2 of rule XXXii of
the Standing Rules of the Senate:

The rules of the Senate shall continue
from one Congreee to the next Conpreas un-
less they are changed ■• provided In thee*
rules.

Mr. President, the hard fact we must
face Is the simple, straightforward lan-
guage, based upon the plain provisions
of the Constitution. Article I, section 5.
says in part. "Each House may determine
the Rules of Its Proceedings."

The decision was given in the face of
this language and the unbroken prece-
dents through all the decades of history.
There is significant language in the
solemn declaration of the Constitution
and of the Senate rules. We have an im-
broken practice of more than a cnxtuiy.

One man, who Is not a Member of this
body but Is a constitutional officer, the
Vice President, has made a ruling. Can
he by one ruling as to one of the rules
in particular, or as to any of them which
have to do with amending the rules*
sweep aside things which are considered
sacred and essential In our law, in our
Constitution, and In our customs? Will
he be permitted to do this, and thus to
an extent destroy this body as a great
institution of American Government?

I am reminded of a story I heard about
a soldier in western Europe, some time
after World War n had ended. The
soldier was on a sightseeing trip. He was
taken to observe a burning taper or light
of some kind in a sacred religious shrine,
and he was told that the light, in one
form or another, had been burning 4C0
continuous years. He said. "Did you say
400?" The reply was "Yes." He said.
"Well, that is too long. I am going to
blow the darned thing out." And he did.

I cannot find any better reason or a
better fact on which to base the ruling
than simply to say, "Well, it has been in
effect too long; I am going to blow it
out"

That soldier destroyed the light with
his breath, but I do not believe any one
ruling by any one man, whatever is his
position, is going to be permitted to
modify the Senate as an institution of
government.

Mr. President, I hare before me a brief
historical review, with some eonunenti

386

CONGRESSIONAL RECORD — SENATE

January 9

\i'.

thereon, covering the hlatory of the oper-
ation of the Senate rules. They are rules
which distinguish this body from all
other bodies in the American Govern-
ment. I do not say they make it any
better, but it is different. They distin-
guish this body from an other bodies In
the self-governing nations of the world.
I do not say it is better, but it is dif-
ferent I say it lias functioned well to
meet our numerous problems, nation-
wide, decade after decade and century
after century.

I believe every Member of the Senate,
from the President pro tempore, who has
been here the longest, to the most recent-
ly sworn Member, has a positive duty to
fully weigh and fully consider the import
of the question we have before us, with-
out being carried away by any subject
matter, regardless of what it may be,
tied in directly or indirectly with this
grave question.

I am one of those who happen to be-
lieve the Senate and this Nation will not
go so far. I do not believe we will do so,
yet.

Mr. President, I believe a grave dis-
service is being done to the Senate as an
institution and to the country when ques-
tions are raised and seriously considered
on the floor of the Senate concerning the
nature of this deliberative body, without
having the utmost deliberation by a com-
mittee, after study by exr>ei1s, those who
have had experience over the years.

The Senate has been referred to as
the greatest deliberative body in the
world. Those of us who love the Senate
and its customs and institutions cherish
the esteem in which it has been histori-
cally held.

Since I came to the Senate some 13
years ago I have seen emerge a very di-
visive question as to the continuity of
the rules of the Senate, which strikes at
the heart of the concept of the continuity
of the Senate itself. This is now con-
sxmiing important time, when the Senate
organization shoiild be our pending busi-
ness, and It Is now delaying considera-
tion of other pressing business, also. I
shall enumerate some of the items later.

If such a question is to be seriously
considered on constitutional grounds, it
is my view that the question was decided
as a constitutional issue by a decisive
vote of the Senate. 72 to 22, on January
12, 1959. By action taken at that time
the Senate wrote into its own rules the
rule XXXn. the long-accepted under-
standing that the Senate rules continue
from year to year and from Congress to
Congress unless amended or changed in
accordance with the procedures pre-
scribed therein.

Mr. President, through what door
could anyone come to say that the de-
cision of the Senate, made as recently as
2 years ago, by a vote of 72 to 22, does
not apply? One might say the Senate
did not know what it was doing. One
might argue the Senate made a mistake.
How can it be argued, with logic and as
a practical matter, that the rule simply
does not apply? I say anyone making
such an argxmient comes in through a
very narrow door, when it is said that,
after all, the rule does not apply to ques-
tions which concern a proposal to adopt
different rules.

For continuity, Mr. President, I quote
again section 2 of rule xxXii from the
Standing Rules of the Senate, as
follows:

The rules of tiie Senate shall continue
from one Congress to the next Congress un-
less they are changed as provided in these
rules.

Mr. President, it is therefore both dis-
appointing and alarming to me to see
that the Senate is now attempting to
dissect itself, to separate itself from the
established rules and precedents which
have been a part of the Senate since the
flist Congress. I believe a great disserv-
ice is being done to the Senate and to
the States we represent. I certainly
hoF>e that when this issue is resolved
the decision will again be that the Sen-
ate is a continuing body in all respects
and that the rules continue in all re-
spects as provided therein.

In effect, the Vice President's ruling
provides that history is incorrect, that
the Senate is not a continuing body; and,
further, that the Senators, by a vote of
72 to 22. cannot declare the Senate to be
a continuing body; and even that the
rules cannot be made to apply until
amended as set forth therein. The
practical effect of it all is that damage
is being done also to the States.

Mr. President, the President of the
United States represents the Nation as a
whole. His primary responsibility runs
to the people themselves. The execu-
tive branch and the vast army of Fed-
eral employees are not responsible to the
States.

Most of the oflScials in the executive
branch have never been elected to any
office, nor are they selected by the elec-
toral process. The people cannot bring
about their removal, and the complicated
adminLstrative procedures for removal
and impeachment are admittedly diffi-
cult. These are the only ways by which
an official may be punished for miscon-
duct by separation from public service,
and in neither of these ways do the peo-
ple or the States have a chance to act
directly. Members of the House of
Representatives are elected directly by
the people. Since the adoption of our
Constitution they have been selected
from geographical subdivisions of the
State and are responsible to the voters
of their districts. WhUe aU of them, of
course, have a certain loyalty to their
States, it is not in the House of Repre-
sentatives that the States are repre-
sented directly.

The Federal courts certainly do not
represent the States and. in fact, recent
decisions of the Federal judiciary have
shown an increasing disregard of the
reserved rights of the States and of all
the people which are protected by the
9th and the 10th amendments.

There is only one place in the Federal
Government where the States are repre-
sented directly, and that is here on the
floor of this Chamber. Therefore the
Senate is the only direct defender of
their rights and powers, and within this
body each State stands, regardless of
size, section, economic interest, or popu-
lation, on an equal voting basis with its
sister States. This Is their only forum
in the Federal Government. It is the

prlxicipal place where the powers of the
States and the rights of the people, re-
served by the 9th and 10th amendments,
find their protectors.

Now. if these premises are true — and
they are true — then it must follow that
the Senate as an institution, and the
Senators elected from their States, are
the trustees of the States powers and
rights under our Constitution.

The Constitution itself expressly pro-
vides that that body, including the Sen-
ate, shall have the power — and that
means the sole power — to make its own
rules; and no one can set those rules
aside, either by interpretation or by in-
genious ways of finding an open door in
the idea, after more than a century and
a half, that all the rules continue and
the body continues, all except the one
proposition of the continuity of the rules
themselves.

Mr. ANDERSON. Mr. President, will
the Senator yield?

Mr. STENNIS. I yield.

Mr. ANDERSON. If the Senator from
Mississippi believed that the Presiding
Officer did not rule correctly, could he
not submit the question to the Senate?

•Mr. STENNIS. I am arguing now
that he did not decide the question cor-
rectly. He was thoroughly incorrect
under the Constitution and the rules of
the Senate. One of the effects of that
ruling, if it is allowed to stand, would be
to submit every question to majority
rule, and in that way I say it is an attack
upon the Senate.

Mr. ANDERSON. Did I correctly un-
derstand the Senator to say that he be-
lieves an attack upon majority rule is
an attack upon the Senate?

Mr. STENNIS. Yes; I certainly do.

Mr. ANDERSON. The Senator does
not tjelieve there has been an attack on
the Senate?

Mr. STENNIS. The Senator from
Mississippi did not say anything like
that.

Our argument is based upon the pro-
visions of the Constitution of the United
States. If anyone can point out any
provision in the Constitution to the effect
that the Senate must decide its niles by
majority vote or can set aside its existing
rules by majority vote, I will stand with
the Senator from New Mexico on the
question.

Mr. ANDERSON. The Constitution
provides that each House may determine
the rules of Its procedures.

Mr. STENNIS. Correct.

Mr. ANDERSON. . Each House may
punish its Members for disorderly be-
havior.

Mr. STENNIS. I have already cited
that provision.

Mr. ANDERSON. With the concur-
rence of two-thirds of the Members It
may expel a Member.

Mr. STENNIS. That is correct.

Mr. ANDERSON. If each House can
determine the rules for its procedure, it
certainly can do so by majority vote, can
it not? If it does not, it is not determin-
ing its rules.

Mr. STENNIS. I believe the argu-
ment of the Senator from New Mexico Is
highly academic. All the precedents and
customs of history are against his posi-

1961

CONGRESSIONAL RECORD — SENATE

S87

i

tion. If the Senate wished to adopt a
rule of that kind, it would be satisfac-
tory. Our argument is against permit-
ting a Presiding Officer to place the Sen-
ate in a position where it would not have
any choice.

Mr. ANDERSON. But the Senate has
a remedy. If the question is a constitu-
tional one. it may be submitted to the
Senate, and a majority of the Senate can
either uphold the ruling of the Chair or
not uphold the ruling of the Chair.

Mr. STENNIS. The question was sub-
mitted to the Senate 4 years ago and de-
cided by a vote of 72 to 22.

Mr. ANDERSON. The Senator would
not wish to say that the discussion oc-
curred 2 years ago, would he?

Mr. STENNIS. Yes. It was 2 years
ago.

Mr. RUSSEIXi. Both 2 years ago and
6 years ago.

Mr. STENNIS. I knew It had been
more than 2 years aero that that ques-
tion was before the Senate.

Mr. ANDERSON. Periodically we
have discussed the question. There is
an old saying to the effect that no ques-
tion is settled until it is settled correctly.
The Senator has said several times that
the question can be studied by commit-
tees. It has been studied by committees
at least since 1915. Is not 45 years long
enough?

Mr. STENNIS. The Senator from
Iflarisslppi is familiar with arguments of
the kind which the Senator from New
Mexico Is making. We have in the Sen-
ate new Members who have only recently
been sworn in.

Bi€r. ANDERSON. Precisely; and we
seek to give those Senators an opportu-
nity to participate in the making of the
rules.

Mr. STENNIS. I do not question the
Senator's motives, but my point is that
the proposed method of setting aside an
established rule that was written and
adopted a few years t^o by an over-
whelming vote is ingenious, and it is
academic to make the argument now
that every question should be decided by
a majority vote. That is one of the
points against which I am arguing. The
Senator was not present when I made
my opening remarks, in which I pointed
out the distinctions between this body
and others.

I respect the Senator from New Mexico
and the arguments he has made; but
with all dtf erence to him I submit again
that it is higlily misleading to say that
the principal point, much less the only
point involved here, is merely a question
of whether or not the Senate shall de-
cide questions by majority vote. It is
very true that we already decide by a
majority vote certain questions. The
question here is whether rules Uiat have
alreatdy been decided by an overwhelm-
ing vote shall be set aside liy a ruling of
the Chair that might be temporarily
agreed to by a majority of the Senate,
some Members of which have been here
only a few days.

If these premises are true — and they
are true — it must follow that the Senate
as an institution and the Senators elect-
ed from their States are Uie trustees
of the States' powers and risfats under
our Constitution.

None of us here had anything to do
with creating these rights. Those rights
were created when the Bill of Rights was
adopted. I cannot eiilarge upon those
rights except by following the constitu-
tional provision for amendment of that
organic charter.

I think we do have a definite respon-
sibility, whenever a Federal legislature
anticipates the creation of a new Federal
power and a corresponding diminution
of States powers, to see that the State is
protected. We have a duty to support
corrective legislation when executive
prerogatives, particularly in the field of
Executive orders and regulations, are
carried too far and Infringe upon State
jurisdiction. By the same token, we
have the same responsibility to protect
the executive branch of the Government,
the judicial branch, and the legislative
branch; and one of the wtiys we do it
is by adopting our own rules. I believe
we have a high duty to support correc-
tive legislation and restore to the States
the rights and powers they lost, many of
them by judicial decree, whenever the
Congress feels that the decision is un-
warranted.

We have done that many times. Mr.
President. Most of us, I think, feel a
deep responsibility to the States which
sent us here as trustees of their power to
retain that bundle of powers intact dur-
ing our teniu-e here and to make it no
more difficult for those who will succeed
us to defend the sovereignty of our State
against the encroaching power of the
Federal Government. I think that this
attack on the Senate rules has damaged
the prestige of the Senate in the eyes of
the people of our country and that,
therefore, the States prestige and power
to defend themselves have been damaged
to some immeasurable degree.

To my mind, the question of further
Umiting free debate in the Senate is a
great step forward in limiting the powers
of the States to be heard in the Federal
Government, and I hope that Members
of this body will carefully consider the
question in this context. I do not think
any of us would willfully participate in
the loss of an incident of sovereignty of
our State; but, in my opinion, a vote to
gag the Senate or further hinder free
debate here is a violation of the trust of
the State and its people in sending us
here to represent them.

xmrnv or suocsssnrK trwoKta to vatxx

DEBATX IN THS 8ENATZ

In recent years, and particularly
since 1949, there lias been a concerted
effort to limit debate in the Senate. Con-
cessions were made in 1949 and the effect
of that change was to make any motion
subject to cloture.

In 1959 the number of Senators re-
quired to invoke cloture was reduced
from two-thirds of Uiose elected and
sworn to two-thirds of those present and
voting. At the present time 34 Senators
of the 51 constituting a quonmi could
Invoke cloture. Prior to 1959, 67 Sena-
tors would have been required to accom-
plish this. Proponents of free debate in
the Senate saw the number required to
Invoke cloture cut by one-half and real-
ised that under certain circumstances a
minority of the Senate could limit debate.

Current proposals now being consid-
ered would further reduce this. In the
case of the resolution offered by the dis-
tinguished Senator from New Mexico,
the minimum nimiber required to cut off
debate would be reduced to 31 Members.

WhUe these actual changes have been
achieved as a result of concessions and
compromises, it is clear to me that we are
greatly accelerating the pace toward an
effective gag rule, enforced at the whim
of a transitory majority.

TEAMSITOST UAJOUXOB

If the Senate is considered to be
Just another legislative body — an annex
of the House of Representatives — thai
nile XXn cannot be sustained on logical
grounds. But if there is any merit in my
contention that the Senate has a duty
to represent the States, then there
should be special rules to protect the
power and lights of the States.

Centralization of government is now
the trend in national affairs.

I say, from my observation and from
my experience here in the Senate, that
some of the most effective work that has
been done to protect minority groups,
not just once but many times, over and
over again, from year to year, has been
done by very smsdl minorities, some of
which are generally and loosely classified
as some of the most liberal Members of
the Senate.

I have the honor to serve as a member
of the Committee on Armed Services and
the Committee on Appropriations, where
one department of the Federal Govern-
ment is involved every year with more
than $48 billion. That amount has been
going up year after year for more than
a decade. With the missile prc«rams
coming along, no one sees much hope of
making any material reductions in those
appropriations. All this illustrates and
emphasizes how far besrond the control
of the people — of the States or any other
medium of government — except a few
people in the Federal Government who
are specially designated and can find the
time to pass on these matters, this matter
has gone.

It is proceeding with breakneck speed.
I think that the Senate on some sound
occasions has attempted to brake this
trend of changing seriously our form of
government. I feel that its action as a
restraining Influence is a major part of
Its duty and purpose I still believe that
government should be kept close to and
responsible to the people and that the
effectiveness of local and State govern-
ment should not be drastically reduced
by ill-considered and unwise legislatioiL

Many politically expedient, but basi-
cally unwise, proposals have been de-
feated by free and open debate. They
have gone imlamented into oblivion be-
cause of the deliberative power of the
U.S. Senate. I believe it is dangerous to
tamper with this fundamental char*
acteristic of this institution as we
know it.

I believe It would be basically unwise
for the States, as well as the people, if
this deliberative function of the Senate
were cut off by adoption of a gag rule.

Yet. with each suooesshre change in
rule XXH, we are taking giant steps in

•»ii

f

388

CONGRESSIONAL RECORD — SENATE

January 9

i

mV-

adoption of such a parliamentary device.
Freedom of debate in the Senate Is
absolutely essential for the protection of
minority rights. None of us can tell
today when we may be in the minority
on some future issue to be considered
here. We are certain that vital issues
affecting our States and people and the
country will be considered soon. If
debate is to be for all practical purposes
eliminated and issues decided without
full and free debate — but by sheer num-
bers, the rights and powers of the people
we were elected to protect will be greatly
Jeopardized.

At this point, in discussing the issues
that must be decided, I shall digress from
the historic aspect and go for Just a
moment to the present day. In a few
days we will inaugurate a new President
and Vice President of the United States.
I do not believe there is any President
since Abraham Lincoln, exactly a hun-
dred years ago, who has come into the
Presidency with so many grave problems
as will be true with our former colleagues.
Senator Kennedy and Senator Johkson.

By way of comparison, the events of
a hundred years ago, so far as number
and complexity of these problems and
world affairs are concerned, do not
weigh in the scales in anywhere near the
same way. We are in a new world and
In a different world. We are facing and
confronting problems that are involved
in the so-called cold war.

The new President will be faced with
what I think is one of the most serious
matters that have ever come up, which
could quickly develop into another
Korea. These are questions for which
there are no quick answers. There will
have to be some effective answer to the
problem in southeast Asia, such as in
Laos.

Almost in sight of our shoreline there
is the very perplexing matter of Cuba,
right here in our own hemisphere, and
that involves all of Latin America.

The Monroe Doctrine, which has al-
ways been a pi^-t of our policy, has been
abrogated and is almost defimct, if not
forgotten. We are in a critical time.
I am not bringing up these matters or
dragging in a great many problems Just
for the fun of it.

Then we are confronted with serious
matters in the United Nations, if our
commenators and our news reporters
are accurate, in which it is absolutely and
Indispensably necessary that a new start
of some kind must be taken and a new
formula found.

We are confronted with a serious mat-
ter, as the Senator knows, with reference
to the future of NATO, and what is going
to be done there.

Then we have what is perhaps the
most grave problem of all that I have
mentioned — and it is one about which I
certainly know less than most Senators —
and that is the drain of gold. It is a
worldwide economic question and prob-
lem which is involved with reference to
the drain of gold away from us.

In view of all those conditions con-
fronting the President-elect, I have not
heard that a call of any kind for the
Senate to change its rules has come from
those who will be charged with the pri-

mary responsibility in the executive
branch. I have not heard of any such
call from the man upon whose shoulders
these burdens will fall. I have not heard
that any such call to change the Senate
rules has come from the men who were
selected, in Ihe constitutional processes,
just as we were. There has not been
any cry of need or of distress urging us
to come back here in a hurry, and be-
fore many Senators had time to get set-
tled, proceed forthwith to make a drastic
change in the rules — not Just a rule, but
the rules, because such a proposed
change would affect the entire Senate as
an institution of Goverrunent.

I come now to a consideration of the
so-called Kennedy program. I believe
he gives that title to special bills, such
as an additional statute with respect to
medical care; a so-called housing bill;
the question of education and the appro-
priation of money for the educational
program; and a depressed areas bill.
Undoubtedly he will call for a higher
minimum wage.

Still, I have not heard from the new
executives who will soon take oflBce any
call for the Senate rules to be changed
or affected in any way by reason of the
world problems, the national problems,
or the immediate so-called Kennedy ad-
ministration questions. Not a single
word to that effect has come to me, cer-
tainly, and I have not heard that any
other Senator has received such a call.

As a matter of fact, the very bills I
have mentioned as being an immediate
part of the so-called Kennedy program
have already passed this body and the
House of Representatives in one form
or another. They were debated here
and were freely discussed and voted
upon. They may not have been in the
form in which some Senators wanted
them; but if they were not. that was
because not enough votes could be mus-
tered for them. That is the only reason.
They have all been before the Senate
time and again within the last 12
months. They will come before us
again. I have not heard anyone say that
he will try to keep them from coming
up. They will come before us. Resort
to any kind of strategy to keep such
bills from coming before this body has
already been had.

The latest report I have read f rwn the
econcxnic advisers of the President-elect
is that the economy of our Nation is
now in a recession. Instead of trying
to apply remedies to that kind of condi-
tion, the Senate is running off, without
anyone urging us. trying to change its
rules by the ingenious, indirect way of
having the Vice President, even though
he is a constitutional officer, give a spe-
cial ruling, and then trying to have it
sustained.

If we desire to continue in the favor
of the American people. I think it is high
time that we put first things first and
try to get constructive answers to help
the President-elect and all his group to
solve the problems which will confront
them. We should seek to provide con-
structive answers to the major, far-
reaching, earth-shaking problems I have
all too briefly enumerated. But I have
not heard from any persons in respon-

sible positions a call for a change in the
Senate rules.

It may be said that the proposed
change in the rules Is to facilitate the
passage of the so-called civil rights
measures. Such measures have previ-
ously been considered by the Senate, and
all of their major provisions have been
debated. Two such bills have been
passed within the last few years. As they
wound their way through this very leg-
islative chamber, all of them, each time,
received many amendments carrying all
the major points of the so-called civil
rights issue to the debate platform.
Those which received a majority vote
here are the law today. Those which did
not receive a majority vote were not, of
course, included in the law. That was
not because of the rules of the Senate;
it was because the amendments did not
receive enough votes. The Record shows
that happened time and time again.

It happened in 1957 and again in 1960.
In 1960 the Senate debated extensively
many of those major provisions, with
recorded votes.

To return to the main context of my
historical presentation, some minority
rights should never be overridden. Indi-
vidual rights are recognized in the Con-
stitution, particularly those relating to
alleged violations of criminal law. An
accused person is a minority of one in a
criminal proceeding, opposing a majority
of 170 million or 180 million. Yet few
of us would seriously consider taking
steps to deprive an accused person of his
right to a trial by Jury, to habeas corpus,
to due process of law, or to any other
constitutional rights, which often re-
quire the unanimous vote of a Jury. We
would not take away those rights in any
way simply because the accused person
was in the minority. Nothing less
should be done, then, in regard to the
States themselves.

After all, we were elected by the people
voting as a State unit. We represent the
States in the Federal Government. We
are the ones who are the representatives
of the people and their voices. We must
remember, too, that a simple majority
does not necessarily represent the think-
ing of a majority of the people of the
States. It takes time for many vital
measures to be understood by the people
at home or in our State capltols.

Prolonged debate on truly critical
measures provides an opportunity for
constructive thinking at the grassroots
level, by the local leaders of the people,
who will be most affected. All of us who
have had long experience in the Senate
have seen the volume of serious mail
building up day by day during the course
of debates of long duration. The time
we take to consider such mail enables us
to determine more accurately the think-
ing of the people whom we represent.
Of course, full and free debate on con-
troversial matters provides a degree of
protection against hasty action and en-
ables us to resist the clamor of well-
organized groups supporting their selfish
interests.

Mr. President, there comes to my mind
a matter which I believe never reached
the form of a bill. I was a Member of the
Senate during the Korean war. when

1961

CONGRESSIONAL RECORD — SENATE

389

President Truman recalled General Mac-
Arthur. I believe that was the most
confusing time for the Senate and tlie
American people that I ever witnessed
since becoming a Member of this great
body. If It had been pos^ble then for
some quick action to be taken. I do not
believe there is any doubt that the mood
or the reaction of the people in Congress
at that time would have been very dis-
crediting to the Chief Executive or to the
executive branch of the Government.

But as one day follows another, and
as week followed week, and the Senate,
through its legislative processes and
channels, held a long and enlightening
hearing under the guidance of the dis-
tinguished Senator from Georgia [Mr.
RussBXl, whom I am happy to see in
the Chamber, when he rose to one of
his great heights, gradually the matter
was better understood. The significance
of what had been said by one and what
had been done by another came through.
There was an evaluation. There was a
calmer consideration of the matter.
Things moved along then under the con-
stitutional processes. Enlightenment
came to us. We moved along again as
a united people. There was no personal
discrediting of either the Piesident or
General MacArthur. There was no finer
example of calmness, in my humble opin-
ion, although it may not often be cited.

I am certain in my own mind that
during those first da3rs following the re-
call of General MacArthur had some-
thing been rushed and crowded through
this body which would have been highly
detrimental to the executive branch of
the Government and the pro5ecution of
that war, a terrible precedent would
have been set.

vuws oif oojrriM uir i

Mr. President, the Senate has long
been regarded as a continuing body.
That is not a newly made point, for some
of the most direct statements about the
Senate's being a continuing body were
made in 1841, during the controversy
over the Senate printers. The Senate in
the 26th Congress had elected printers on
February 30, 1841, as its printers for the
succeeding Congress. On March 4 of
that year the political complexion of the
Senate changed. The Senate organized
by reelecting its President pro tempore,
and sat in special session until March 14.
The House of Representatives adjourned
sine die. and was not in session after
March 4. On March 4, a resolution to
dismiss the printers was introduced.
Irrespective of the Senate's right to dis-
miss printers for cause, contractual or
othei-wlse, the debate involved, as a col-
lateral item, the continuous nature of the
Senate. Some even stated that the next
Senate would be a new Senate, to which
Senator Allen, of Ohio, replied, accord-
ing to the Congreesiocal Globe, as fol-
lows:

And as to the assartlon tbat tbls was a new
Senate, he denied tbe fact. The argument
ao much relied on in this dlBCxualon and on
which so much logic and reasoning had
been wasted In opposition to these printers
was untrue. There was no such thing as a
new Senate known to the Constitution of
this BepubUc.

Mr. President, I am quoting now from
the matter as reported by the Congres-
sional Globe, which in that da^ r^xirted
the proceedings partly by summary.

I read further from the quotation:

They might as well speak of a new Supreme
Court as of a new Senate. There was a
new Hovise of Representatives — ^but not so
tbe Senate. The Constitution replenishes
that body every 2 years by the election of a
class of Senat(»*s. and thereby gives eternity
to the duration of the body. There was no
new. nor was there any old Senate.

Mr. President, I like the words "gives
eternity to the duration of the body."

On March 8, 1841, Senator Buchanan,
of Pennsylvania made a most pertinent
statement, which was summarized as
follows in the Globe:

There could be no new Senate. This was
the very same body, constitutionally and In
point of law, which had assembled on the
first day of its meeting in 1789. It has
existed without any intermission from that
day until the present moment, and would
continue to exist as long as the Oovemment
should endxire. It was emphatically a per-
manent body. Its rules were permanent and
were not adopted from Congress to Congress
like those of the Ho\ue of Representatives.
For many years after the commencement of
the Oov«-nment its Secretary was a perma-
nent officer, though our rules now require
that he should be elected at stated intervals.
The Senate always had a President, and
there were always two- thirds of its actual
Members in existence, and generally a much
greater number. It would be \iseless to
labor this question. Every writer, without
exception, who had treated on the subject
had declared the Senate to be a permanent
body. It never dies; and it was the sheet
anchor of the Constitution on account of
its permanency. Senators were thus de-
prived of the poor apology that one Senate
had no right to bind its successors. (Cong.
Olobe, 26th Cong., 2d sees., v. 9. p. 240.)

It may be noted that in the controversy
after which the printers were ultimately
dismissed. Senator Henry Clay, of Ken-
tucky, although personally in favor of
limiting debate at times, as opposed to
John C. Calhoim, who was a forceful and
outspoken proponent of unlimited de-
bate, voted to dismiss the printers, but
advocated that the Senate was a con-
tinuing body. On this point the Legis-
lative Reference Division of the Library
of Congress, in commenting on the Con-
gressional Globe of March 11, 1841,
stated:

But a vote to dismiss its printers was not
necessarUy a vote that Vhe Senate was dis-
continuous. One of tbe Senators who advo-
cated and voted for the dismissal, Henry
Clay, ot Kentucky, agreed with the opposi-
tion that the Senate was everlasting. And
if the proponents of the discontinuity view
were. In fact, more numerous than its ex-
ponents the reports In the Congressional
Olobe— wholly fall to indicate it ("Senate
Rules and the Senate as a Continuing Body,"
Docimient 4, 83d Cong., 1st sees., p. 37, Ap-
pendix.)

OTHXB XLLTTSTRATIOirS OF OOMTIM UlTX

There are four fields that warrant
special attention as illustrating the con-
tinuing nature of the Senate. These are
first, officers of the Senate; second. Sen-
ate committees; third, the Senate as an
executive body; and fourth, the treaty
ratifying power.

Officers of the Senate serve for no
stated term of office. They serve until
their successors are selected. Benjamin
Harrison, former President of the United
States and U.S. Senator, pointed this
out in his book entitled "This Country of
Ours," page 51. George H. Haynes. in
"The Senate of the United States," vol-
ume 1, page 261, points out the same
thing as an illustration of the continu-
ing nature of the Senate. Senator An-
thony on March 24, 1879, whUe the Sen-
ate was in the process of replacing some
of its officers with others along purely po-
litical lines, observed :

The Senate never dies. The same which
it was when It met in 1789, it is now, and
has held continuous and tmbroken existence
ever since. Its elective officers are chosen,
not for a definite period, but during the
pleasure of the Senate (Congressional Rzc-
ORO, vol. 9, pt. 1, p. 147) .

With respect to the President pro tem-
pore of the Senate, there have been sev-
eral significant expressions applying to
that office regarding the continuing na-
tm-e of the Senate. In Senate Report 3.
44th Congress, 1st session, page 2, dated
January 10, 1876, the Committee on Priv-
ileges and Elections made a survey of the
customary procedure regarding the <rfHce
of President pro tempore. It cited 49
instances where the office held over after
the first recess, and only 4 where it did
not. The report also stated:

The custom of the Vice President to vacate
the Chair before the close of a session to en-
able the Senate to choose a President pro
tempore did not begin rutil after tbe pas-
sage of the Mst of March 1. 1792. and was
obviously instituted to meet the contin-
g^ency contemplated In tbe act by providing
a President pro tempore of the Senate during
the vacations of that body. The Senate in
contemplation of law is a perjMtual body,
and the officers of the Senate are as much
its officers during its vacations as during its
sessions.

A resolution providing that the tenure
of office of President pro tempore of the
Senate does not expire at the meeting
of Congress after the first recess, the
Vice President not having appeared to
take the Chair, was unanimously adopted
January 10. 1876 — Congressional Rec-
ord, volume 4, page 316. Senator Merri-
man made the following statement:

I want to emphasize the matter. This reso-
lution is adopted unanimously. It is a
resolution that affects the organization of
the body for all time to come and establishas
a precedent.

Two days later, the Senate adopted a
resolution stating :

The office of President pro tempore is held
at the pleasure of the Senate ( Concbessionai.
Rbcobd Jan. 12. 1878, pp. 360-373) .

On March 2, 1891, Senator Charles F,
Manderson was elected President pro
tempore, to hold office during the pleas-
ure of the Senate, in accordance with the
resolution of March 12, 1890 — Congres-
sional Record, volume 22, page 3637 —
with the intention, apparently, that his
office would continue over into the fol-
lowing Congress. Subsequent Presidents
pro tempore were regularly elected with
reference to the same resolution. Nu-
merous instances in history are cited in
Qilfrys cwnpilation "President of the

390

CONGRESSIONAL RECORD — SEN ATE

January 9

Senate Pro Tempore" ot ofllcers who
hold oyer from one Confess to the next.

It Is a well accepted custom that the
Senate can and does order investlga-
tlons. Interim reports, final reports, and
recommendations by its committees,
without reference to the ending of one
Cbngress or the beginning of another.
Even when there Is some change in the
composition of the committee member-
ship, this procedure is not affected.

While the House has no such rule,
the Senate has provided by rule XXV
that all standing committees continue
until their successors are appointed.
Haynes, in his treaUes on "The U.S. Sen-
ate," not only recognizes this point but
attributes the growth of Senate commit-
tee activity to it. He states, at page 551 :

But Increasingly, beginning with the last
quarter of the 19th century, the Hoxise has
seemed to be relinquishing such activities,
whUe the Senate has been greatly expanding
Its exercise of the Investigative function In
the n\iinb«r, variety and importance of its
inquiries. The explanation of this remark-
able shift Is to be found In the contrast
between the rules and procedure of the
House and of the Senate.

That custom does not continue so
much in the present day, of course, but
I cite it here as an illustration of the
unbroken continuity of the concept, the
practices, and the methods that have
been used all these years, almost for two
centuries now, by the Senate.

The functions of the Senate for vari-
ous executive, rather than pvu-ely legis-
lative, purposes offer further arguments
on behalf of continuity. The Constitu-
tion gives the Senate prerogatives in giv-
ing or withholding "advice and consent"
to certain Presidential appointments and
with respect to treatymaking. Prior to
enactment in 1933 of the 20th amend-
ment to the Constitution, which, among
other things, abolished the so-called
lameduck sessions of the Congress, and
which advanced the commencement of
the Presidential term from March 4 to
January 20, many special sessions of the
Senate, as distinguished from special
sessions of the Congress, were convened
for executive purposes. Woodrow Wil-
son, in "Constitutional Qovernment In
the United States." at page 127, wrote:

The continuity of the Oovernment lies In
the keeping of the Senate more than in the
keeping of the Executive, even in respect of
matters which are the especial prerogative
of the Presidential office.

It is appropriate to note that while
Executive nominations not disposed of in
the Senate die with the Congress In
which they are submitted, treaties trans-
mitted to the Senate for ratification do
not so die. Rule XXXVII of the Senate
provides that all proceedings on treaties
shall terminate with the Congress; but
that they shall be resumed at the com-
mencement of the next Congress as if
no proceedings had previously been had
thereon. Thus, unless withdrawn by the
President or failing from lapse of time,
a treaty continues to be live matter and,
as sxich, continues as pending in the
Senate.

CONTDnnTT AS A MATTZS OF LAW

Now, Mr. President, I am mindful that
determinations as to whether the Senate

is a continuing body are made by this
body itself. Thus, I address myself to
the point as a lawyer or advocate, and I
reaUze that oonaiderably more than one-
half of the Members of the Senate are
lawyers, many of them widely recognized
and acclaimed in the legal profession.

In the legal approach we may list ar-
guments to present the case as follows:

First. The Constitution provides that
two-thirds of the Members of the Senate
shall be continuous at all times in their
tenure of office. This is In excess of the
majority requirements of the Constitu-
tion for a quorum to do business.

Second. The Senate is more than an
upper house as the terms "upper" and
"lower" houses are often used histori-
cally or parenthetically. The Senate at
law is assigned definite and distinct du-
ties and prerogatives.

(a) It has the sole power to try all
impeachments.

(b) It has the power to give or with-
hold advice and consent in the making
of treaties and the nomination and ap-
pointment of Ambassadors, Judges of the
Supreme Court, and certain ofllcers of
the executive branch of the Government.

(c) With the exception of bills for
raising revenue, in which It may propose
or concur with amendments, it may
originate legislation.

Third. The Senate may constitute and
empower committees with duties and
powers to operate continuously or for
times certain irrespective of the begin-
nings or endings of the terms of Con-
gress. This point has been litigated In
the courts, and the continuing nature of
committees of the Senate has been
clearly recognized. The courts thus
have held that the Senate is a continu-
ing body. If It were not such a body
itself, its committees could not be con-
tinuous.

Fourth. There are definitions at law
of what is continuous which definitions
by comparison apply to the factual posi-
tion of the Senate. In cases where courts
have had Jurisdiction over governmental
bodies composed of members elected or
apix>inted at different times on a succes-
sive basis such bodies at law have been
held to be continuing bodies.

Fifth. The Senate by its legal compo-
sition, its traditions, customs, and pro-
cedures has operated and has established
itself as a continuing body and a separate
and distinct Institution of Government.

I continue to emphasize these differ-
ent approaches, the different phases of
this question, to show that the unani-
mous view is that the Senate is a con-
tinuing body that goes on from one year
to the next, with its power to regulate
itself and its control of its own affairs
continuing. On at least two occasions
it has recognized the legal fact that the
Senate is a continuing body. Both cases
involved the point as to whether commit-
tees of the Senate were within the scope
of their authority because Congress was
not in session. In McGrain v. Dougherty
(273 U.S. 18(>-182) the Court stated:

The rule may be the same with the House
of Representatives, whose Members are all
elected for the period of a single Congress;
but it cannot well be the same with the
Senate which Is a continuing body whose

Uembers are elected for a term at f y—n

and so divided Into classes that the seats of
one-third only become vacant at the end of
each Congress, two-thirds always continu-
ing into the next Congress, save as vacancies
may occur through death or reslgnatioB.

Mr. Hinds, In hia collection of pracedents,
says: "The Senate as a conUnumg body may
continue Its committees througlk tbe rscsss
foUowlng the expiration of Congress" and
after quoting the above statement of Jeffer-
son's Manual, he says: "The Senate, how-
ever, being a continuing body, gives author-
ity to Its committees dxirlng the recess after
the expiration of Congress." This being so,
the Senate being a continuing body, the case
cannot be said to have become moot in the
ordinary sense. (See also Hinds' Precedents,
vol. 4. sees. 4396, 4400. 4404. 4406.)

The Supreme Court reiterated the doc-
trine of McOraln against Dougherty in
the case of Sinclair v. V.S. (279 U.8. 263.
295-296 (1928) ). A witness at a Senate
committee hearing refused to answer a
question on the grounds that the inves-
tigation and the question were unauthor-
ized. He was prosecuted for e<mtumacy
and convicted. The anneal involved the
point that Congress was not in session.
The Court quoted the resolution of the
Senate authorizing the committee to sit
after the expiration of the then current
Congress and imtil otherwise ordered by
the Senate, and stated :

The sole purpose was to authorise the
committee to carry on the Inquiry. It would
be quite unreasonable, If not Indeed absurd,
for the Senate to direct Investigation by ths
committee and to allow its power to summon
and swear witnesses to lapse.

The conviction was affirmed. Since
the continuing nature of the Senate was
a necessary point In the ap[>eal, this case
is a holding by the Court that the Sen-
ate is a continuing body. Tbe reference
thus Is not merely dictum.

Both of these Supreme Court cases
have been cited in numerous Federal de-
cisions. They have been Shephardized
and many citations are shown. For ex-
ample, the McGrain case was cited in
Morford v. U.S. (176 F. 2d 54 (D.C.
1949) ) to show that the basic intent of
Congress in establishing committees
must be followed and in Barsh v. U.S.
(167 F. 2d 241 (D.C. 1948) ) on the point
of a question being authorized as within
the powers of a committee. The Sin-
clair case appears frequently in Federal
citations, for example, in US. v. Joaeph-
son (165 F. 2d 82 (2d Circuit, 1948) ) on
the point of the courts turning to con-
gressional practice to show congressional
intent. The Sinclair case, citing the
McGrain case, probably settled the con-
tinuity of the Senate point insofar as the
Supreme Court Is concerned, unless
other points of appeal or certiorari might
involve It collaterally.

In other fields of the law we find
definitions of the word "continuous" or
the phase "continuing body" that are
enlightening. In criminal law "con-
tinuous" has been defined as something
which endures after the period of con-
summation (.UJS. V. Otoen (32 P. 534,
637)).

In contract law a continuing guaranty
is one which contemplates a future
course of dealing ' (Ricketson i. Lizatti
(90 Vt. 386. 98 A. 801)).

1961

CONGRESSIONAL RECORD — SENATE

391

A continuing trespass Is one which re-
mains constantly such as permanent
structures on the lands of other person
(Sample v. Roper Lumber Co. (160 N.C.
161 63 S.E. 731)).

In tort law continuing negligence is
negligence that was anterior to the time
of harm done and continued in force up
to the crucial time (.McNeill v. Atlantic
Coast Line (167 N.C. 390. 83 S.E. 704.
707)).

An appropriate definition or illustra-
tion of what is a continuing body may be
found in the New York case of People ex
rel Lazarus v. Coleman (91 N.YJ5. 432,
433. 99 App. Div. 83). The question was
on a writ of mandamus running against
a governmental board for a wrong done
by a previous board. The term of office
of board members expired at different
times somewhat analogous to the UJS.
Senate. The court held that it was a
continuing body and allowed the writ.
The court stated :

The terms of offlce expire at different times.
It Is therefore a continuing body and a writ
of mandamus running against the board to
reinstate the relator would accomplish that
result whether the board was composed of
the same persons who passed the resolution
resulting in his dismissal or not.

The same principle involved in this
cue has been upheld in the Supreme
Court of the United States In the case of
Thompson v. U.S. (103 TJS. 480 26 L. Ed.
521).

I submit that by all legal, factual and
traditional standards the Senate of the
United States is a continuing body.

Mr. RUSSELL. Mr. President, will the
Senator yield?

Mr. STENNIS. I am glad to yield to
the Senator from Georgia.

Mr. RUSSELL. I was called from the
floor and I have not been able to enjoy
all of the very fine address being made
by the distinguished Senator from Mis-
sissippi. I wonder if the Senator has
pointed out the two Instances in the
Standing Rules of the Senate in wliich
the Senate itself has declared Itself to
be a continuing body.

Mr. STENNIS. I had not covered that.
I should be glad to have the Senator read
the points he has in mind.

Mr. RUSSELL. On page 37 of the Sen-
ate Rules and Manual, in subparagraph
(2) of rule XXV. which defines the com-
position and Jurisdiction of the several
committees of the Senate, after all of the
committees have been defined and
named, appears this language:

Each standing committee shall continue
and have the power to act untU their suc-
cessors are appointed.

In other words, the committees have
been carried over and they are in exist-
ence today, though this is a new Con-
gress. Under this rule the committees
have been carried over into this Coa-
gress.

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. RUSSELLl The Senator from
Mississippi has the floor.

Mr. STENNIS. I yielded to the Sen-
ator from Georgia, so that he could give
two pertinent quotes. I shall be glad
to yield to the Senator from Pennsyl-
vania also.

Mr. (^LARK. I desired to make a com-
ment on the first quote.

Mr. STENNIS, May I yield to the
Senator from Pennsylvania?

Mr. RUSSELL. Yes; it does not mat-
ter. In rule XXXn. adopted by the Sen-
ate, the Senate provided, in section 2:

The riiles of the Senate shall continue
from one Congress to the next Congress un-
less they are changed as provided In these
rules.

The Senator has discussed very ably
the legal definition of the word "con-
tinue" as defined by the Supreme Court
of the United States.

I am glad the Senator gave the hold-
ings by the Judiciary that the Senate is
a continuing body. I regard it as
equally significant tiiat the Senate has
itself always insisted it was a continuing
body, and has used the word "continue"
on at least two occasions in the rules.

Mr. STENNIS. Even more so is it
binding and is it authoritative because
we are the ones who have the constitu-
tional responsibility for making those
rules.

There was cited by the Senator from
Mississippi before the Senator could get
to the Chamber the actual vote on the
proposal. The last division was 72 to
22.

Mr. RUSSELL. Yes. I was called off
the fioor and did not hear that ccnnment.

Mr. STENNIS. I yield now to the
Senator from Pennsylvania.

Mr. C7LARK. I simply wished to bring
to the attention of my two distinguished
friends the first statement in rule XXV,
which is:

The following standing conunlttee shaU be
appointed at the conunencement of each
Congress.

From that language I assume the c<»n-
mittees do not carry over automatically
but that there is a duty in each Congress
to reconstitute them.

It has always been my view that it does
not make any difference, for the purpose
of this rule controversy, whether the
Senate is a continuing body or not. In
my judgment, the Senate is a continuing
body for some matters and not for oth-
ers. I am sure my friend from Georgia
would agree with ttiat to at least some
extent.

Mr. RUSSELL. Indeed. The Senate
by its own rules has provided that cer-
tain types of business before the Senate
expire with each Congress.

The Senator from Pennsylvania
should be congratulated, because he ap-
parently is the one who convinced the
Vice President of the United States of
the fact that the Senate was a continu-
ing body for all purposes except that of
changing the rules, which procedure he
disliked and declared imconstitutional.

Mr. CLARK. The Senator is very
kind, but I have no more infiuence with
the Vice President of the United States
than he has.

Mr. RUSSELL. No. I wish that were
true. I wish that were true.

Mr. CLARK. Unhappily, it is.

Mr. RUSSELL. The Vice President,
of course, started out in his holdings or
findings in the matter with an advisory
opinion, I believe it was called, some
years ago.

Mr. CLARK. 1957.

Mr. RUSSELL. 1957. In that advis-
ory opinion he did not deal with the
question of whether specifically the Sen-
ate was a continuing body. He did state,
that, in his opinion, the Senate could, at
the beginning of each session, make
rules.

Mr. CLARK. New niles.

Mr. RUSSELL. New rules. I could
understand that position.

I can understand the position which
was taken by the distinguished late Sen-
ator Walsh, of Montana.

I can understand the position of the
Senator from New Mexico, that the Sen-
ate could meet and make new rules.
That was the position of the Senator
from New Mexico when he first offered
the proposition several years ago; when
he moved that the Senate proceed to en-
act a body of rules.

I have not been able to imderstand the
position of the Vice President, that all
rules apply except those he has decided
on he will declare imconstitutional.

Mr. cn^ARK. Mr. President, will the
Senator yield?

Mr. RUSSELL. That is something I
have not been able to exactly compre-
hend. In my Judgment, either all of the
rules go over or none of the rules go over.
Either, under the exercise of the rule-
making power as provided in the Consti-
tution, the Senate makes Its rules and.
as a continuing body, the rules apply un-
til changed in the manner described
therein, or else in the beginning of each
Congress the Senate should adopt all
new rules, as is done in the House of
Representatives.

Mr. CluARK. Mr. President, will the
Senator yield?

Mr. RUSSELL. It is not said that the
House has one rule approved and one
not approved. It Is not said, "We ap-
prove this rule and disapprove the other.
This rule comes over from a previous
Congress, and this rule does not come
over from a previous Congress."

The House of Representatives {idopts
all of its rules. I can understand that
viewpoint. I think a fairly respectable
argiunent could be made for It, although
I think the weight of authority is against
It.

However, I cannet imderstand any ar-
gument which says those rules of a cer-
tain vintage which relate to certain mat-
ters can be changed at the beginning of
the session. I will never concede, as a
Senator of the United States, as one who
is in the legislative branch of the Gov-
ernment and is proud of that fact, that
the executive branch, even though acting
as our constitutional Presiding Officer,
has a right to declare a rule of the Sen-
ate unconstitutional.

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. RUSSELL. Which is what the
Vice President undertook to do. The
Senate might declare a rule unconstitu-
tional, but the Presiding Officer of the
Senate has no right whatever to declare
a rule unconstitutional.

Mr. CJLARK. Mr. President, will the
Senator from Mississippi yield to me so
that I can answer the argument?

Mr. STENNIS. I yield to the Senator
f r(Mn Pennsylvania, Mr. President.

392

CONGRESSIONAL RECORD ~ SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

llr. CLARK. I would not make an
effort to explain to my good friend from
Georgia that which the Vice President of
the United States has been unable to
explain to him. I suppose this is one of
those Uttle things we had better agree to
disagree on. But with respect to his
second comment, as to the change In
rule XXXII. which we made on January
12. 1959, I make the comment that fre-
(juently I find myself in the minority in
this body, and I know of no one who has
a greater respect for the rights of the
minority than my good friend from
Georgia.

Mr. RUSSELL. I appreciate that
statement, because I have made a pro-
fession of being in the minority. If I
did not respect the rights of the minor-
ity, I would not have any self-respect.
I have often been in the minority.

Mr. CLARK. I thank the Senator for
his comment. When the Senate, by the
apparently overwhelming vote of 72 to
18, or whatever it was, inserted the
change In rule XXXn 2 years ago, I was
one of the 18 of the minority, and I cling
to my view that when we took that
action, we acted outside the purview of
the constitution of the United States.

Mr. RUSSELL. I understood that
the Senator from Pennsylvania at that
time thought It was an ultra vires act
of a legislature. But it is one thing for
a Senator to attack the rule as being
unconstitutional and another for him a
Presiding OfTlcer to undertake to declare
that a rule of the Senate Is unconstitu-
tional. If we were to establish as a
precedent that the Vice President could
declare a rule of the Senate unconstitu-
tional, we would never know whether we
were standing on firm ground. Some
Senator could make an unconstitutional
argiunent, and the Vice President could
declare the rule unconstitutional.

Mr. CLARK. Will the Senator yield
further for one comment; and I shall
not transgress on his patience further?

Mr. STENNIS. I yield.

Mr. CLARK. I agree thoroughly with
the Senator from Georgia that it must
be the Senate and not the Vice Presi-
dent which makes the final determina-
tion as to whether or not the rule is un-
constitutional. I believe that all of us
who think it is feel that way also.

Mr. RUSSELL. I appreciate the fact
that the distinguished Senator from
Pennsylvania thinks the Senate should
have the right to appeal a decision of
the Chair on these questions. It is quite
a concession on his part, and I am grate-
ful to him for it.

Mr. President, will the Senator from
Mississippi yield further?

Mr. STENNIS. I yield to the Sena-
tor from Georgia.

Mr. RUSSELL. In the course of the
discussion we have been assailed time
and again with the argument that there
is some great sanctity attached to the
sheer weight of numbers, and particu-
larly a majority of one. If there is one
body in our system of government which
Is unique and distinctive it is the Senate
of the United States. The feature that
makes us such a distinctive body is the
fact that our composition is a constitu-
tional refutation of the right of a ma-

jority of one to proceed to act in the

Government.

The question of representation in the
Senate was a rock that almost brought
the Constitutional Convention to grief.
The Convention was almost wrecked on
that rock — the composition of the Sen-
ate. The representatives in the Con-
stitutional Convention finally decided
that each State, whether large or small,
should be represented by two Senators
in the Senate, and they did not leave any
question to chance. They did not know
but that a Vice President might rule that
while the Constitution provides that each
State shall have two Senators, a rule can
be written to provide that the voting
strength of Senators shall be based upon
population. In that case the two Sena-
tors from New York, of course, would
outvote the two Senators from Alaska
about 100 to 1. The delegates to the
Convention took no chances on that
question.

The delegates to the Convention said
that each State shall have two Senators
and each Senator shall have one vote.
The provision was spelled out in the Con-
stitution. I suppose one could say, "Of
course. If there are going to be two Sen-
ators, each will have one vote."

But they were taking no chances on a
rule permitting a majority of one in the
Senate to institute some sort of propor-
tional voting strength in the Senate.

The delegates to the Constitutional
Convention went further and provided
that no State could be denied any of its
rights in the Senate, and that the votes
of the two Senators could not be taken
away except with the consent of the
State involved. That provision is the
only absolute veto in the U.S. Constitu-
tion. Their positions in the Senate can-
not be affected except by unanimous
consent of all the States involved.

We have been talking about a majority
of one. which would have the right to
move and work its will in the Senate on
the remaining 49.99 percent. Each
State, no matter how small, has a posi-
tion of equality in the U.6. Senate.

Under the Constitution, when a Sen-
ator from Alaska votes in this body, he

casts a vote that gives each Alaskan ap-
proximately 100 times the influence that
each citizen of the State of New York
has when a Senator from the State of
New York votes in this body. Yet we
are told that the procedure must be
wheeled around in order to make it pos-
sible for merely a majority of one to
declare any measure unconstitutional.

The most distinctive feature of the
Senate is that it Is a forum of the States,
and no State should be denied its rights.
Neither the vote of a Senator nor the
right of a Senator to defend his j)osition
on the floor of the Senate for as long as
he desires, should be taken away from
him without his consent.

Such right should not be removed
by any parliamentary manipulation or
Vice-Presidential ruling. It should not
be done by any shortcuts. If it Is^ it
ought at least to be done in the way that
is prescribed in the rules that govern
this body, which no one. imtil a few years
ago. had ever challenged as having come
over from year to year.

It has been stated that Senator Walsh
apparently challenged that point I
deny that statement. The resolution
Senator Walsh submitted to change the
rules provided for a committee to be ap-
pointed to consider his resolution. The
committee was appointed. His resolu-
tion was considered, and the committee
reported to the Senate in the manner
prescribed in the rules of the Senate, and
the change in the rules that we now find
in section 22 was adopted.

When we determine that 90,999.099
Americans can work their will through
the rules of the Senate or by any other
means on 89.999,999 Americans who
might be opposed to it. we shall cer-
tainly destroy the Senate. It is rather
remarkable that so many people who
have enjoyed the aura that attaches to
this body should be willing to destroy it
and to destroy our republican form of
government. It was never intended that
we should have a pure democracy
through which a mob from day to day
could change the whole scheme of things
and the laws of the country.

Mr. STENNIS. I thank the Senator
for his contribution.

Mr. GORE. Mr. President, will the
Senator yield?

Mr. STENNIS. I yield.

Mr. GORE. I have listened to the
eloquent address of my distinguished
and able friend, the senior Senator from
Mississippi. Many persons seem to re-
gard an extended debate as bad per se.
I remind the distinguished senior Sena-
tor from Mississippi that the Dixon-
Yates contract, in connection with which
the Supreme Court today upheld the
action of the Government, was klUed by
an extended debate on the floor of the
U.S. Senate.

The junior Senator from Tennessee
made the first speech on that contract.
There were two or three Senators pres-
ent on the floor on that day. I made the
first half dozen speeches on this con-
tract, and I had great difficulty getting
an audience. Eventually it became in-
volved in the Atomic Energy Act of 1954.

I wish now to make this point. In the
course of consideration of that propoied
legislation, the distinguished majority
leader of the Senate, former Senator
William Knowland of California, began
to use what I regarded as a very oppres-
sive legislative instrument. He moved
to lay on the table every amendment
that I and other Senators on our side
of the question crffered. As the able
Senator knows, the motion to lay an
amendment on the table means there
can be no further talk on it.

This helped stimulate an extended de-
bate, of which I was one of the leaders.
That debate lasted for 13 days and
nights. There was never an attempt or
intention of preventing a vote on an
amendment or on the measure ulti-
mately, but In the course of that debate
we resisted and we talked, imtll on the
floor of the Senate there was an aban-
donment of the use of the oppressive
parliamentary device of laying on the
table without debate an amendment
offered by a Member of the Senate.
When that parliamentary device was
abandoned, we quickly came to a vote.

393

I point out these two things with re-
spect to extended debate to illustrate
that good frequently comes from a so-
called educational campaign in the Sen-
ate. In most cases even those who are
engaged in this kind of endeavor are
those who are generally described as
liberals In the Senate.

I do not subscribe to the kind of fili-
buster when cake recipes are read. I
believe In germane debate, but I believe
in the ri^t of Senators to resist oppres-
sive legislative tactics by freedom of
debate.

Mr. STENNIS. I thank the Senator
very much for his very fine contribu-
tion. He has certainly refreshed my
recollection very pleasantly when he re-
fers to the debates on that occasion,
when he made the first of several
spee<dieB and aroused the Senate and the
country on the bad parts of that meas-
ure and the Dixon-Yates matter.

I remnnber that the senior Senator
from Oregon [Mr. Morsi] made a very
fine contribution in that same debate.

1 may say to the Senators who have
recently taken their seats, this month,
that that event Is an outstanding illus-
tration of the wisdom of the Senate rules,
which are now sought to be largely de-
stroyed.

To Illustrate the difference In the rules
of the two Houses, I may say that at that
time I visited in the House of Repre-
sentatives, and noticed that one of the
Representatives from the State of Mis-
sissippi, with every county in his district
directly affected by the proposed legisla-
tion, was permitted to debate that far-
reaching measure for 3 minutes in his
own right as a Member of that body.
Another Member graciously yielded ^»wi

2 additional minutes. Therefore, he had
5 minutes available to him to debate the
measure. That is all the time he had
available to him to debate the points
he had in mind. As a matter of fact,
the presiding ofllcer In the House took
about 4 minutes trying to get sufficient
order so that the Member might be
heard.

The bill was sent to the Senate. As the
Senator from Tennessee has said. "We
debated It here for 13 days and nights."
The senior Senator from Oregon and
other Senators, who are generally re-
ferred to as liberals, did a very outstand-
ing job in that debate. I remember
that the Senator from Tennessee ren-
dered fine service in that connection.

I also recall that the Senator from
California, who was then the majority
leader in the Senate, actually undertook
to portion out the time for debate. He
yielded 10 minutes, for example, to a
Senator. In other words, he withheld
his motion to table a Senator's amend-
ment and allowed him 10 minutes to dis-
cuss his amendment I remember that
In the course of ttie debate the Senator
from Mississippi replied that he was not
willing to pay that price, meaning that
he was not willing to treat the Senate
rules in any such way, and, therefore,
he did not speak on my amendment

Mr. OGRE. Mr. President, will the
Senator ylrid further?

Mr. STENNIS. I yield.

Mr. GORE. I wonder whether the
Senator recalls that the moment at
which the extended debate took a turn
toward an Imminent end came when the
junior Senator from Tennessee offered
another amendment and the majority
leader rose to inquire of the junior Sen-
ator from Tennessee how long he wished
to speak, which indicated another mo-
tion to table would be made, and the
Junior Senator from Tennessee said he
did not wish to be recognized upon any
limitation except in his own right as a
Member of the U.S. Senate. There
was a bit of staring at each other. Then
the distinguished majority leader took
his seat without making a motion to lay
on the table. The junior Senator from
Tennessee then spoke for less than 5
minutes, and we proceeded to vote.

Mr. STENNIS. I thank the Senator
for refreshing my recollection as to that
happening in the Senate. I remember
It well now. No matter how any Mem-
ber of the Senate might have voted on
that bill, in the final analirsis I believe
that was one of the great moments of
the Senate, when individual Members
of the Senate refused to be mistreated
imder a possible use of the rule.

I state further that the program be-
came law and has served its purpose well,
and seems to have balanced out the vari-
ous conflicts of Interest that were rep-
resented in that far-reaching measure.
With reference to the matter of the con-
tract in Memphis, Tenn., as the Senator
from Teimessee has stated, the courts
today, as I understand, have given final
approval to it.

Mr. GORE. The Supreme Court.

Mr. STENNIS. The Supreme Court
of the United States today has given
final approval to the contentions and
points that were fully debated.

Bfr. LONG of Louisiana. Mr. Presi-
dent, will the Senator yield?

Mr. STENNIS. I yield to the Senator
from Louisiana.

Mr. LONG of Louisiana. I believe the
Senator well recalls, because most of
these matters ht^spened while he was
here, that on a number of occasions the
rules have proved to be the real bulwai^
of protection for our democracy. A
ntmiber of occasions come to mind. One
proposal was to pack the Supreme Court
of the United States. That measure
went through the House in a few days.
It ran into serious opposition in the
Senate. As a result, through debate it
was defeated in the Senate. Except for
the rules, the Supreme Court packing
measure would perhaps have been en-
acted.

Then there was the proposal to draft
railroad labor into the Army and use
that labor as slave labor, one might say,
to run the railroads under draft. That
measure passed the House of Repre-
sentatives on the same day it was intro-
duced. It was probably one of the great-
est achievements of Bob Taft when he
led the debate against that proposal.
The measure, after 2 weeks of debate,
was put aside.

I believe another illustration of this
situation was the patent provisions of
the Atomic Energy Act when they came
before the Senate. The Junior Senator

from Tennessee made a magnificent
contribution to that debate, showing
how completely unsound those proposals
were. Those are three examples of pro-
pvosals that were unsound.

This Nation would have been plagued
with those proposals for many years
to come if it had not been for th3 right
of a Senator to stand here, hold the
floor, and explain why he thought an
unsound measure was being proposed.
I would not like to see applied in the
Senate the rule which exists in the
State Legislature of Louisiana, whereby
the floor leader, any time he thinks he
is getting the worst of a debate, can
move the previous question, even while
another man is speaking, and get a
vote on it.

Measures of the sort I have described
certainly would have passed the Senate
if we had had such a rule as that.

When one starts to destroy the rules
and to strike at what appears to be
surplusage at the moment, then some-
one else wants to modify it further, and
over a period of time, all the safe-
guards we have for soimd considera-
tion disappear.

Mr. STENNIS. I thank the Senator
from Louisiana for his very sound re-
marks. It seems to me that the Senate
might be likened imto a man who is
sound in body and sound in mind. But
if he takes a sharp knife and continues
to keep whittling at his right hand, he
finally cuts it off. The Senate might
be cutting off its great power in gov-
ernment; and certainly we have whit-
tled considerably on ourselves over the
last few years.

Mr. HOLLAND. Mr. President, will
the Senator yield?

Mr. STENNIS. I yield.

Mr. HOLLAND. I complimeit the
distinguished Senator from Mississippi
warmly upon the very fine address he
has just made. If it once be conceded
that the Vice President — the present
Vice President or any other Vice Presi-
dent, not. of course, referring to the
present Presiding OfBcer of the Senate
(Mrs. Nettbesgek in the chair) — may,
in his or her Judgment, decide that any
rule is unconstitutional, and then sub-
mit the matter to a majority of the
Senate for a decision, does that not
open the door wide to a knocking out
by the mere majority of the moment
of any rule of procedure, whether or not
the written rules are, or rules which have
been, decided by many precedents in the
past?

Mr. STENNIS. The Senator from
Florida is exactly correct. The present
Vice President has made his ruling,
stating that It pertains to the right of
the Senate to make its own rules.
Some other Vice President may select
another basis. The Senator from
Florida [Mr. Hollakd] has made a fine
point.

Mr. HOLLAND. I thank the Senator
from MississlppL It occurs to me that
if the present Vice President can make
this particular point at the beginning
of the session, or at the beginning of this
Congress, as to rule aXii. there Is no
reason whatsoever why lie or any other
Vice President cannot make the same

M

1

394

CONGRESSIONAL RECORD — SENATE

JanvAiry 9

1961

CONGRESSIONAL RECORD — SENATE

395

.-I

point concerning the same rule or any
other nile at any stage in the course of
the session, which, of course, upon sub-
mission to the Senate, leaves the ques-
tion, it seems to me, completely to the
whims, the caprices, and the momen-
tary Judgment of a majority of the Sen-
ate to alter the Senate rules at will.
Does not the Senator agree with me?

Mr. STENNIS. I agree with the Sen-
ator wholeheartedly. I think that Is one
of the great dangers confronting us. I
fear a majority of the Senators have not
maturely considered that point.

Mr. HOLLAND. I thank the Senator
from Mississippi.

Mr. STENNIS. I thank the Senator
from Florida.

Mr. President, I said in the beginning
that this was a matter which should be
dissociated from all pending or prospec-
tive legislation in the civil rights field or
any other field. This question goes to the
very heart and, I may say, soul of the
Senate Itself.

I make the point that every Senator
should vote his convictions and his final
Judgment, but I hope that if they vote
to sustain the position of the Vice Presi-
dent, they will say they are not voting
simply to sustain a ruling from the
Chair on this point, becaiise I believe im-
der our system of government no mortal
man has a semblance of authority, be he
a constitutional ofQcer or anyone else, to
declare invalid, void, and unconstitu-
tional a rule deliberately adopted by this
body. Whenever we admit such a con-
tention, I think we are not only on the
way out, but we have already completed
our labors as an important and distinc-
tive branch of the Government.

So, however, one may feel as to what
the rules should be, let us not be a party
to establishing and sustaining a prece-
dent of this kind. I do not speak of the
Vice President personally. I do not be-
lieve anyone, anjrwhere, in our system
of government can set himself up as a
one-man court to make a ruling on a so-
called constitutional question and there-
by upset the rules or upset a body of the
type of the U.S. Senate, a constitutional
branch of our Government. I believe
the Senate simply ought not let that
happen. We should dissociate ourselves
from such a course of action.

I appeal to the great liberal Senators,
like the Senator from Oregon [Mr.
MoRSKj. I appeal to him and his fine
sense of Justice and his strong, vigorous
thinking. I urge him to rethink this
matter, should he be inclined to let the
Presiding Officer set such a precedent
as the knocking out of the rules of the
Senate, starting them on their way to
being declared invalid. -^simply by a rul-
ing which, as I understand, is more or
less gratuitous anyway.

I want to emphasize what I believe the
Senator from Tennessee has already em-
phasized far beyond anything I could
present. I emphasize that this is not a
southern fight. It is not a rule XXII
fight. I sometimes think there is some
effort made to scare new Members of the
Senate away from voting with those of
us who seek to maintain these rules so
rigidly. I think this question goes to the
very vitals and the very heart of our

form of government, and more particu-
larly of this body.

Rule XXn has been used in the past
by almost all minority groups, as well
as by almost all of the liberal forces in
the Senate. I think that since I have
been a Member of the Senate there have
been more delays and so-called long de-
bates by far carried on by those who live
outside the South than by the south-
erners themselves. It may be true that
the debates in which the southerners
have been the leaders have nm longer;
but only the other day I saw the Senator
from Wisconsin and his colleague carry
on a two-man discussion. That could be
reE>eated many times.

Protection has been sought not only
by the southern Democrats but also by
progressive Republicans such as the late
Senator La Pollette, of Wisconsin, the
late Senator Borah, of Idaho, and many
others.

There are two examples of legislative
measures which were highly popular in
the excitement of the times and which
were defeated in the Senate because the
Members of the Senate and the people of
the country had an opportunity to take
a second look at the matters. TTiey have
been referred to briefly, but to complete
the record at this point I shall refer to
them again.

In 1937, when President Roosevelt was
seeking to increase the membership of
the Supreme Court, his popularity would
have assured this objective had the mat-
ter been brought to an early vote. The
strategy of delay was decided upon, and
after a few mcmths a majority of the
Senate came to the conclusion which
most of them hold today, namely, that
the Supreme Court should be an inde-
pendent body of respected Jurists, not
loaded with political appointees.

Later, during tlie railroad strike of
1946, it was recommended that striking
employees be drafted into the military
service. A bill looking to that end passed
the House of Representatives within
minutes after the recommendation had
been made. In the Senate, however, the
more thorough and detached considera-
tion of the measure led to its being killed
as unwise. There have been cases when
prolonged debate has been the major
factor in the passage of bills. Recent ex-
amples of this were the Lend -Lease Act
of 1941 and the loan to Great Britain in
1946, both of which had doubtful sup-
port when the debate was begun, but
which later gained a substantial major-
ity.

I have already referred to the disclo-
sures and the understanding which came
to the people and to Congress concern-
ing the recall of General MacArthur by
President Tnunan. Thus, almost every
minority group in the covmtry has bene-
fited because of this principle in con-
ducting the business of the Senate. I
am satisfied that not only has the coun-
try as a whole benefited, but that the
country as a whole and minority groups
will suffer shoidd the Senate not protect
its own rules.

Prom this brief r^um^ of the principle
and the rule as it now stands, we can see
that free debate has best served those
who would now destroy it, even though

none can tell who may be the next to in-
voke its protection.

Those who are contending for a change
would destroy this rule and the principle
it sustains because this manner of pro-
cedure has become beclouded by the civil
rights issue — a legislative matter. That
I believe is 99 percent of the cause of the
pressure and the agitation to destroy this
mud sill, this bedrock of the Senate.

Rule XXn, as a procedural rule, is
more important than the passage of any
bill. It is more important than the pas-
sage of the civil rights bills by those who
favor them. It would be hard for me to
think of a more effective method of cut-
ting down the States' rights and powers
than by putting this proposed strait-
Jacket of gag rule on the Senate or any
part of it.

Madam President (Mrs. Nkubbkobk in
the chair) . I now raise the question, who
comes here, after all. urging that these
rules be swept away in the way now pro-
posed, and that such a precedent be es-
tablished, and that majority rule con-
trol? Is it the majority leader of the
Senate? Not as I understand. Is it the
minority leader of the Setutte? Not as
I understand. Is it the President-elect
of the United States, to whom we look to
carry the burdens which will face him
as the months unfold — greater burdens,
unfortunately as I have said, than I be-
lieve any President within the last 100
years has faced. No. it is not they.
Madam President, from what source does
the call for this proposed change come?
What is the need for it? Madam Presi-
dent, I submit there is no need for it, or
else we would have heard the call come
from those who must carry these burdens
and responsibilities.

I hope the day never comes, and I do
not believe it has come, when a majority
of the Senate will let its Presiding Of-
ficer set aside its major rules, without
debate, without any training as a Judicial
officer, without any preparation which
ordinarily would be had in connection
with so grave a step— but simply because
he might declare so Important a rule
unconstitutional.

Mr. HOLLAND. Madam President,
will the Senator from Mississippi yield
tome?

The PRESIDING OFFICER (Mrs.
Nkubercer in the chair) . Does the Sen-
ator from Mississippi yield to the Senator
from Florida?

Mr. STENNIS. I yield.

Mr. HOLLAND. Let me say that I
think the Senator from Mississippi has
well made the point that smce rule XXn
was adopted in 1917, very much more
good than evil has been done under it.

I make the additional point that prior
to 1917 there was no limitation whatso-
ever upon debate: and the 1917 rule,
which with some amendments Is now
the rule, was a restrictive one and was ao
.regarded. Furthermore, under the rule
of unlimited debate which prevailed prior
to 1917, much more g(x>d than evil was
don§ as a result of imlimited debate.

I^ail attention to the following list of
proposed laws which were defeated for
the moment by unlimited debate in the
years prior to 1917:

The reoosistructloa of Louisiana
measure, which was defeated in 1865. and
was replaced with a better law in 1868.

The election laws of 1870. which had to
be repealed in their entirety in 1009.

The force bill of 1800-91, which was de-
feated ; and there is no one to mourn its
defM^; no one would stand for it for a
moment now.

The three river and harbor biUs whhdi
were defeated In 1001. 1003. and 1014.
all of them being replaced later by better
measures.

The Tri-State bill, which was defeated
in 1003, and was retraced by a better one
in 1907. which was amended in 1912.

The Columbian Treaty, which was de-
feated tn the reguli J- session in 1903. but
was ratified in a somewhat different form
in a special or subsequent session that
year.

The two ship subsidy bills which were
defeated in 1907 and 1922-23. but were
replaced in different form in 1936.

The Canadian reciprocity bill, which
was defeated In 1011, but was passed later
In better form.

The Arizona-New Mexico statehood
bill, which was defeated by a determined
filibuster by those who felt that each of
those territories was entitled to be a
State; and later, as the Record shows
and as history shows, each of them has
made a fine State, when admitted under
subsequent legislation.

The ship purchase bill of 1915. which
was passed in different form in 1916.

llie point I should like to make is that
even under the rule of unlimited debate,
without the restrictions embraced in rule
yyrr, as now somewhat modified, the
history of the Senate and the history of
the country show that vastly more good
than harm was done by debate without
any limitation.

So I warmly commend the Senator for
insisting upon preserving the limited re-
striction upon debate which is embraced
In rule XXn. as modified.

Mr. STENNIS. I thank the Senator
from Florida.

Mr. MANSFIELD. Madam President,
will the Senator from Mississippi yield?
Mr. STENNIS. I am glad to yield to
the Senator from Montana.

Mr. IilANSFIELD. Madam President.
I have listened with great interest to the
remarks which have been made by the
distinguished Senator from Mississippi
[Mr. Stkknis], the Senator from Louisi-
ana [Mr. Loivcl, and other Senators,
relative to certain pieces of proposed leg-
islation which passed the House of Rep-
resentatives, but were held up, stopped,
or debated at length in the Senate.

One of those pieces of proposed legis-
lation was the proposal — for which, im-
fortunately. and to my sorrow, I voted in
the House of Representatives — called for
drafting the railway strikers. Reference
has been made to the part the Senate
played in killing that nefarious and un-
called for piece of legislation, and some
reference has been made to the out-
standing efforts of the late Senator
Robert Taf t. of Ohio, a great Senator. I
think we should also remember that
then wtm another Senator who ralaed
his vdoe and had as much tnfluenoe In

stopping that attempt to "railroad
through" that proposed legislation— and
I am not using a pim — and that is the
distinguished senior Senator from Ore-
gon [Mr. MossB], who at that time
Joined Senator Taf t. and they, too, were
Joined by other Senators. Many times
since I have thanked God that there was
an institution such as the U.S. Senate
where a mistake wliich we made in the
House of Representatives, and to which
I ccHitributed. could be corrected and
was corrected.

Mr. STENNIS. I thank the Senator
from Montana for his very fine con-
tribution.

Mr. MORSE. Madam President, will
the Senator from Mississippi yield to
me?

Mr. STENNIS. I yield.

Mr. MORSE. Let me say that I ap-
preciate the comment made by the Sen-
ator from Montana, although he touched
on a very delicate matter, insofar as I am
concerned. The Senator from Montana
will recall that in the heat of that debate
I made an luikind reference to the Presi-
dent of the United States, for which I
subsequently apologized, although the
fact is that the surrender of the rail-
road brotherhoods in that controversy
was prepared by me, in my office, and
was dictated by me, and was written on
the typewriter by my stenographer, and
was placed on the desk of the President
by 10:30 that morning — which preceded
the speech he made before the joint
meeting of the two Houses. It was in
the heat of that debate, knowing that
background of fact, that I made the
statement for which I subsequently apol-
ogized, and which apology the Presi-
dent, because of his bigness, most gener-
ously accepted.

But the Senator from Montana is cor-
rect on the point that on that occasion
it was the Senate debate of substantial
length which prevented, I believe, the
making of what would have been a great
mistake.

Mr. STENNIS. I thank the Senators
for their very pertinent comments on
these points.

Madam President, again, with all def-
erence to the present Vice President,
and let me say that my remarks apply
to the OfHce, I trust that a majority of
the membership of this great body, with
its distinctive characteristics in our form
of government, will not permit to stand a
ruling by its Presiding Officer that its
rules are unconstitutional and therefore
are void and invalid. We have seen such
a ruling made; and then the Chamber
became almost vacant, while the matter
was really discussed on its merits by only
a few Senators, who pointed out the
lesscms of history as evidenced by the ex-
perience of the legislative branch and by
the experience of others. While all that
was being done, the seats of Senators in
this Chamber were almost entirely va-
cant. But. tdOovring that, the Senators
who advocate the change will return to
the Chamber and will attempt to permit
a majority of the Senate, even though
honest, to materially change and greatly
lessen the power and the Importanoe and
the responsiUlity of this great branch of
our Government.

Madam President, I trust that that will
not happen, and I do not believe it will
happen.

I yield the floor.

Mr. MORSE. Madam President, on
the afternoon of January 4, 1 said, as will
be found on pages 79-80 of the Concrks-
sxoMAL Rkcoro for that date:

Th« ISorse antUUlbuster resolution, whldi
I haye Introduced year after year and wUl
offer again tills afternoon b«fore adjourn-
ment or recess, provides for the basic prin-
ciples contained In the resolution which the
Senator from Minnesota [Mr. Httmphret ] .
the Senator from (California [Mr. Kttckel],
and other Senators have offered on this occa-
sion. I am a cosponsor of that resolution,
too.

I introduced a series of bills on that
day, and by oversight my resolution was
not included in the series. I now ask
unanimous consent that my re8oluti(m
be accepted for introduction, appropri-
ately referred, and printed at this pomt
in my remarks.

The PRESIDING OFFICER. Without
objecticm. the resolution will be received,
appropriately referred, and printed in
the body of the Record.

The resolution (S. Res. 24) was re-
ceived and referred to the Committee <m
Rules and Administration, as follows:

Resolved, That subsection 2 ot rule ZXQ
of the Standing Rules of the Senate, relating
to cloture. Is hereby amended to read as
foUows:

"If at any time, notwithstanding the pro-
visions of TVLlt HI or VI or any other rule
of the Senate, a motion, signed by sixteen
Senators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished busi-
ness, is presented to the Senate, the Presiding
Officer shall at once state the motion to the
Senate, and one hour after the Senate meets
on the following calendar day but one,
he shall lay the motion before the Senate
and direct that the Secretary call the roU,
and, upon the ascertainment that a quorum
is present, the Presiding Officer shall, without
debate, submit to the Senate by a yea-aatf-
nay vote the question :

"Is It the sense of the Senate that tta*
debate shall be brought to a close?'

"And If that question shall be decided in
the affirmative by a majority vote of those
voting, then said measure, motion, or other
matter pending before the Senate, or the
unfinished business, shall be the unfinished
business to the exclnaion of all other business
untU dlspoaed of.

"Thereafter no Senator shall be entitled
to speak in aU more than one hour on the
measure, motion, or other matter pending
before the Senate, or the unfinished business,
the amendments thereto, and motions affect-
ing the same; except that any Senator may
3rleld to any other Senator aU or any part of
the aggregate period of tUne which he is
entitled to epeeX; and the Senator to whom
be so jrlelds may ^>eak for the time ab
yielded in addition to any period of time
which he is entitled to speak in his own
right. It shall be the duty of the Presiding
Officer to keep the time of each Senator who
speaks. Except by unanimous consent, no
amendment shaU be in order after the vote
to bring the debate to a cloee, unless the
same has been presented and read prior to
that time. No dilatory motion, or dilatory
amendment, or amendment not germane
ahaU be in order. Points of order, Includmg
queetkme of relevancy, and appeals from
the dactelon of the Presiding Offloer. ahaU be
deddKl wltlMKit <M>ate."

396

CX>NGRESSIONAL RECORD — SENATE

Jantiary 9

\i

i

^^

Brno. S. Subsection 3 of sucb rul« is hereby
repealed.

Mr. MORSE. Madam President, the
resolution, as well as the Humphrey-
Kuchel resolution, in my judgment cov-
ers every objection that was raised this
afternoon by the speeches of two of our
distinguished colleagues, the Senator
from Texas [Mr. BlakelyI and the
Senator from Mississippi [Mr. StennisI.

In the course of their remarks they
stressed the importance of the Senate
rule as a check upon precipitate action in
the Senate. They pointed out that time
and time again the Senate had been able
to function as a check upon hasty action
in the Senate; and no one would fight
harder to protect that checking power of
the Senate than the senior Senator from
Oregon.

But the exercise of the checking func-
tion under our form of government does
not include in its meaning the power to
prevent action from ever occurring on
an issue when a majority of the repre-
sentatives of the people think action
should be taken. The Humphrey-Ku-
chel proposal, the Morse antifllibuster
proposal, the antifilibuster proposals in-
troduced in the past by Senators such
as the senior Senator from Illinois I Mr.
Douglas], former Senator Lehman and
others have not only sought to protect
minority rights, but also to make it pos-
sible for democratic procedures, throjigh
the exercise of the majority rule prin-
ciple, to function. Every debate that
was used as an example this afternoon,
whether it was the railway case of 1946
or the atomic energy bill or the Dixon-
Yates contract, about which I shall have
something to say momentarily, could
have been held imder our proposals, just
as it was held. In fact, more debate
could have been held on each of those
Issues than in fact was held if any one
of these antifllibuster resolutions had
been the rule of the Senate, because
these antifllibuster resolutions guaran-
tee adequate time for the minority to
present its case, guarantee the checking
of a steamroller tactic in the Senate,
and assure that there shall be at least
100 hours of debate after cloture.

Mr. CLARK. Mr. President, will the
Senator yield at that point?

Mr. MORSE. I yield.

Mr. CLARK. I am delighted that the
Senator from Oregon is making this
point. It seems to me it should be made
over and over again until we are able to
persuade not only our colleagues, but the
American people, that what the Senator
from Oregon has said is irrefutable logic
and cannot be denied. There is no ef-
fort by any Senator— certainly not the
Senator from Pennsylvania and certainly
not the Senator from Oregon — to restrict
full debate of any issue, but we would
give the Senator from Tennessee [Mr.
Gore], the Senator from Montana [Mr.
Mansfukld], and the Senator from Ore-
gon [Mr. Morse] the opportunity to hold
up a vote on an issue of importance
until the question had been completely
ventilated — for 2 or 3 weeks, if necessary.
I hope that no Member of this body will
vote against any of the present efforts to
modify rule XXU on the totally falla-
cious ground that this is the only way

that those in the minority can take their
case to their colleagues In extenso as well
as to the country. I congratulate the
Senator from Oregon for his very capa-
ble presentation of that point of view.

Mr. MORSE. I thank the Senator
from Pennsylvania for his comments. I
wish the Senator from Pennsylvania to
know that I stand shoulder to shoulder
with him in support of the Kuchel-
Humphrey or the Humphrey -Kuchel
proposal and other proposals that guar-
antee this protection to the minority.
This afternoon the distinguished Sen-
ator from Georgia [Mr. Russell], one
of the great parliamentarians of the
Senate, together with the Senator from
Mississippi [Mr. StennisI, and the Sen-
ator from Texas (Mr. BlaklbyI and
other Senators cited some of the historic
debates of recent years in the Senate in
which the debate was conducted at some
length, but in every case they cited no
cloture petition had been filed.

These debates were all held prior to
cloture. The antifilibuster resolution
known as the Htmiphrey-Kuchel pro-
posal, or the Morse antifllibuster resolu-
tion, which I have just offered, provides
for lengthy debate after cloture — after a
petition is signed by 16 Senators pro-
posing that debate be brought to an end.

Has any Senator stopped to think what
100 hours of debate means in the Senate?
As the Senator from Pennsylvania has
clearly stated, it means many days of
debate. Suppose the Senate met for 8
hours a day in debate. There would be
many days of debate after cloture. No
one can convince me that if we are en-
titled to 100 hours of debate after cloture,
which, in most instances means that
there have already been many days of
debate before cloture, we cannot present
to the people of this country every pos-
sible argument that can be presented on
an issue — I care not what the issue.

MKANING OF CHECKa AND BALANCXS

To my distinguished friends who have
been arguing the checking power of the
Senate, I should like to say that in my
judgment it is a misapplication of this
precious procedural principle in our con-
stitutional form of government which we
call the check-and-balance system. The
check-and-balance system does not mean
that any division of our Government
shall exercise the authority of prevent-
ing another branch of the Government
from exercising its prerogatives on an
issue. But this filibuster technique that
is argued for by some would continue a
power in the Senate so that neither the
courts nor the executive branch of the
Government shall have an opportunity
to pass their judgment upon the partic-
ular issue that may be involved in a given
piece of legislation. In other words, they
seek to maintain a continuation of a pro-
cedure in the Senate that gives a minor-
ity in the Senate the power of finality on
an issue. Such an exercise of power by a
minority of Senators, in my judgment,
does a great wrong and injustice to the
entire theory of the check-and-balance
system under our form of government.

What we seek is a guarantee that
therie will be full protection In the Sen-
ate of minority rights for full and ade-
quate debate qn a subject by the minor-

ity seeking to change themselves into a
majority and seeking to inform the
American people as to what Is Involved.
But after there has been full and ade-
quate debate, under our democratic
form of government the majority should
have the right to work its will on the
legislative process and pass the legisla-
tion if a majority of Senators favor it.
Then it should go to the White House
for veto if the President believes that, on
the merits, it ought to be vetoed. That
is the exercise of the checking power by
the President. If the measure is signed
by the President, it may go to the courts
of the land for the exercise of the judi-
cial checking functions of the judiciary.
That procedure will keep faith with our
democratic processes. It gives full effect
to what we call our system of checks and
balances. Therefore. I think the time is
long overdue when the attempt to main-
tain a power of finaUty in the Senate by
a minority should be defeated.

It is said, and particularly pointedly
to me and other liberals in the Senate,
that in the decades gone by since 1917
there have been liberals in the Senate
who have fought attempts to place a
limitation upon debate. I believe in do-
ing my research, and so I have been do-
ing a little research on this subject It
is true that liberals such as La Follette.
Hiram Johnson. Norris, and others have
been opposed to limitations upon debate.

It Is also true. Madam President, that
the record fails to disclose that they
ever had an opportunity to discuss the
specific proposal which is now before
the Senate. I am perfectly willing to
say that it may be. if they had had the
present proposal before them, they
would have held to their position.
However, I cannot be sure.

If they lived now and saw the changed
conditions that have occurred in our de-
mocracy since the time that they walked
the carpet of this historic Chamber,
they might recognize that the time had
come when there ought to be a reason-
able limitation which would provide for
100 hours of debate after cloture, as a
rule in the Senate. If they held to their
position that the resolution we seek to
adopt should not be adopted, I would
say that great as they were, they would
be in error, and I woiild vote against
them on the floor of the Senate.

At a later time in the debate I pro-
pose to present persuasive data which
will show that a majority vote rule will
succeed in protecting minority rights
and still make it possible for the major-
ity to exercise its will on legislative proc-
esses in the Senate in keeping with the
constitutional meaning of the check-
and-balance system.

It will show that the so-called 60-per-
cent rule will not do it, that the 60-per-
cent rule at best is an expedient, that
the 60-percent rule has within itself no
inherent merits; that the 60-percent
rule is at best a compromise, and. I
think, a very bad compromise, and that
the 60-percent rule will not. In fact,
based upon past fllibusters. have suc-
ceeded in breaking those filibusters. In
fact, in my Judgment It Is possible to
make a case for the adoption of the ma-
jority vote proposal, but it is not possible

1961

CONGRESSIONAL RECORD — SEN ATE

397

to make a case on the merits for the 60-
percent rule.

Therefore, as I have previously an-
nounced, I shall vote against the 60-i>er-
cent proposal and shall continue my
fight, so long as I sit in the Senate, for
giving to the American people the rule
they are entitled to, namely, majority
vote rule, and giving to the Democratic
Party, may I say, a keeping of its pledge.
The Democratic Party, in convention as-
sembled, did not pledge any 60 -percent
rule. The Democratic Party pledged a
majority vote nile.

I do not intend to walk out on that
pledge by supporting any expedient com-
promise. I serve notice on my liberal
colleagues that they can count me out on
that compromise. When they are ready
to stand firm again for a majority vote
rule in the Senate. I will join them. I
shall not only vote against them on the
60-percent rule, but I sliall be glad to
Join in making them understand the
merits of the majority vote principle by
engaging in a long discourse on public
education on the question, if it is going
to be a 60-percent rule that will be the
final compromise proposal.

HOME RULE FOR THE DISTRICT OP
COLUMBIA

Mr. MORSE. Madam President, on
behalf of the distinguished chairman of
the Senate Committee on the District of
Columbia, the senior Senator from Ne-
vada [Mr. Bible], and myself, I intend
to introduce a bill to provide for the city
of Washington an elected mayor, an
elected city council, and an elected non-
voting Delegate to the Congress of the
United States.

It is with great pleasure that I do this,
for the subject Is one which has occupied
my attention for several sessions of the
Congress and it is a special source of
gratification to me to be associated in
this endeavor with the great chairman of
my committee who has consistently
demonstrated the sincerity of his in-
terest In the IMstrlct by the effective
manner In which he has successfully
sought and obtained legislation of value
and importance to the District.

I am further heartened as I view pros-
pects of legislation this session by the
information that my gracious colleague
in the House of Representatives, the
Honorable Edith Gubm, of Oregon's
Third Congressional District, is offering
a ccMnpanlon measure In that body. She
will be a most valuable and articulate
aUy in this important fight for principle
of government at the local level. This'
principle is that government of a city
should be based upon the free election by
the citizens of representatives respon-
sible to than for the conduct of local
affairs.

Madam President, the great French
philosopher, Montaigne, warns us In one
of his essays that :

Our ordinary practice la to follow the In-
clinations of our appetite, to the left, to the
right, upward, downward. Just as we are
wafted by the winds of occasion. We know
what we want only at the mcHnent w« want
It.

In the past decade, the winds of occa-
sion have blown fiercely about the sub-

ject of the bill we propose to introduce
this morning.

However, what is proposed is no new
and glittering venture; rather, It Is but
an extension of the practice to be found
in each of our States. Local self-govern-
ment is a mode of political behavior
which has deep roots In our national
past and against which. In abstract, no
man or woman in this Chamber would
argue.

The home rule bill we offer today dif-
fers from that which passed the Senate
last session, only in the fact that effec-
tive dates have been modified to make it
current. Yet, we would not be realistic
were we to hazard that this simple need-
ed legislation will become law without
controversy or amendment. Rather. It
is my hope that early consideration can
be given to the bill by committee and
that in the hearing room all points of
view may be voiced to the end that the
reported measure will be strengthened
in detail while preserving the essential
elective structures.

I feel that the bill, in principle, is
sound; that the procedures set forth in
it are workable; and, that enactment is
In the public interest. It is not neces-
sary to rehearse in tedious detail at this
time the arguments supporting the
measure. It will sufBce to state that by
its introduction, once again, the Senate
is presented with an opportunity to pass
upon the merits of a specific proposal to
convey to the people of Washington. D.C.
a right — a birthright. If you will — of
which they have long been deprived.

Madam President, it Is so easy for
our memories to be short. However, as
I introduce the bill again. I wish to pay
tribute once more to a former Member
of this body who has gone to his reward,
to the great Matt Neely. of V»'est Vir-
ginia. Although the bill for a time was
known as the Neely-Morse bill, and then
became known as the Morse bill,* I litive
always referred to It as the Neely-Morse
bill, because when It was first introduced
In the Senate many years ago, Matt
Neely and I stood together, as we fought
for true home rule for the District of
Columbia. We defined true home rule
as encompassing the election of a mayor
in the District of Columbia. We fought
for that principle because in my judg-
ment there cannot be true home rule
in the District of Columbia if the chief
executive of the municipal government
Is Imposed upon the citizens of this
community by the President of the
United States or by any other officer.
It seems to me that If we wish to present
to the world a good example of democ-
racy In action, we will not delay any
longer the adoption of a home rule bill
that gives true home rule to the District
of Columbia by giving Its citizens the
right to elect their own mayor.

Recently — in fact, from September
until December — ^I served as one of the
delegates In the U.S. delegation at the
United Nations. I do not know how
many delegates, during those 3 months,
came to talk to me about the situation
in regard to the denial of democratic
r^hts in the District of Columbia. I was
quite surprised to discover how well in-
formed delegates from Africa. Asia, and
Latin America were in regard to the de-

nial within the District of Colimibia of
this basic democratic right of local self-
government.

Therefore I wish to say, as a member
of the Committee on Foreign Relations,
that when I Introduced the bill this
afternoon I also Introduced a sub-
ject matter that is of more Importance
to the foreign policy of this coimtry than.
I am sure, many of my colleagues fully
comprehend. Our failure to grant local
self-government to the citizens of the
District of Columbia has resulted in
great damage to our prestige In the
world, for the obvious and well-estab-
lished fact that we do not always square
our fine-sounding preachments about
our democracy and our practice of it
here at home.

In the consi'^eratlon of this bill, I hope
that matters truly extraneous will not
be given weight, but instead, that we will
adhere In our deliberations consistently
to a pattern of legislative action based
upon the extension to the people of the
District of those principles of democ-
racy and local responsibility for civic
functions which are common to all the
Other cities and towns of our country.

Let us not be wafted hither and
thither by winds of expediency, nor by
the counsels of the trimmers. Instead,
let us at this session set a straight course
^ and, by adhering to it, bring this long
deferred but urgent business to a suc-
cessful conclusion.

Madam President, I Introduce for ap-
propriate reference a bill to provide home
rule for the District of Columbia, and I
ask unanimous consent that a sectlon-
by-section analysis of the bill be printed
at this point in my remarks.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred ; and, without objection, the anal-
ysis will be printed In the Record.

The bill (S. 287) to provide an elected
mayor, city council, and nonvoting Dele-
gate to the House of Representatives for
the District of Columbia, and for other
purposes. Introduced by Mr. Morsb (for
himself and Mr. Bible), was received,
read twice by Its title, and referred to
the Committee on the District of Co-
lumbia.

The analysis presented by Mr. Moksk
Is as follows :

SSCTION-BT-SaCnOM Akaltsis
title 1 — OEriMl'llONS

Contains definitions of principal terms
used in the bill.

TTTTX n STATXTS OF THE DISTBICT

Incorporates the District of Columbia as a
body politic and corporate in perpetuity for
governmental purposes. Provides that all
the territory constituting the permanent seat
of the Government of the United States shall
continue to be designated as the District of
Columbia, and that the boundary line be-
tween the District of Columbia and the
Commonwealth of Virginia remains \in-
changed.

title m — THE DISTRICT OUUMCIL

Creates a District Council consisting of
nine members elected as provided In title
vm. The qualifications for members of the
Council are set forth as follows : ( 1 ) a quali-
fied elector; (3) Is domiciled in the District
and resides In the ward from which he Is
nominated; has, during the 3 years next pre-
ceding Ills nomination, resided and bem
domlcUed In the District and has tor 1 year

I

398

CXJNGRESSIONAL RECORD — SENATE

January 9

'>

^

precedlB;.- hit nomlnaUon resided and been
domiciled In the ward from which he Is
nominated; (3) holds no other elecUve public
oflloe; and (4) holds no appointive office for
which compcnaation la provided out of Dis-
trict funds.

The compensation for such members is
fixed at $8,600 per annum for the Chairman
and $6,500 for members.

The powers of the present Board of Com-
missioners are transferred to the Council,
except those conferred on the liCayor, and
the Board of Commissioners is abolished.

The Board of Education Is abolished, and
Its ftmctlons are transferred to the Council
:ror exercise In such man.-ner and by such
person or persons as the CouncU may direct:

The Zoning Commission, the Public Utlll-
tlee Commission, the Redevelopment Land
Agency, the Armory Board, and the National
Capital Housing Authority are abolished and
their functions transferred to the Council.
Powers of the Council and the qualified elec-
tors, and the limitations on those powers, are
spelled out. The Commission on Mental
Health, the National Zoological Park, the
Washington Aqueduct, the National Guard
of the DUtrlct of Columbia, or any Federal
agency are speciflcally excluded from the
authority of the District government.

The qualified electors and the Council are
prohibited from passing any act inconsistent
with or contrary to any provision of any act
of Congress as it specifically pertains to any
duty, authority, and responsibility of the Na-
tional Capital Planning Commission, except
as to membership on the National Capital
Planning Commission and the National Cap-
ital Regional Planning Council as regards to
the Engineer Commissioner or the Board of
Commissioners.

The bill makes explicit the constitutional
power of Congress to legislate at any time
with respect to the District of Columbia.

Jurisdiction over the municipal cotu-ts
shall vest with the Council. Any person to
be appointed at elected after the date of
enactment of this act shall hold office for a
term of not less than 10 years and receive
a salary not less than the amount payable to
an associate judge of the municipal coiirt.

The bill provides for the election from Its
members of a Chairman and a Vice Chair-
man of the Council, the appointment of a
secretary as its chief administrative officer
with duties as specified in the bill, and such
assistants and clerical personnel as may be
necessary, the calling of the first and regular
meetings, the establishment of committees,
the scope and form of acts and resolutions,
and the procediire for the adoption and
passage of aoning acts. The Council is em-
powered to conduct Investigations, and to
issue and enforce subpenas.

rmx rv — matos

Creates the office of Mayor to be elected as
provided in title VIII. The qualifications for
holding the office of Mayor are as follows:
(1) A qualified elector; (2) Is domiciled and
resides in the District and has during the
3 years next preceding his nomination been
resident in and domiciled in the District:

(3) holds no other elective public office, and

(4) holds no appointive office for which com-
pensation is provided out of District funds.
His salary Is to be $15,000 annually, with an
allowance for official expenses of not more
than $3,500 annually. The bill confers on
him UBTial administrative powers and duties.
Including the power to appoint personnel in
the executive branch of the government and
to remove such personnel In accordance with
applicable laws and regulations. The Mayor
would have full authority to execute the
powers and duties imposed upon him by law.
Including the authority to redelegate func-
tions to subordinate officials as he deems
necessary. The Mayor shall keep the Council
advised of the financial condition and future

needs at tbe District, and make such recom-
mendations to the Council as may seem to
him desirable. The Mayor la empowered to
veto acts of the Council; they may be passed
over his veto by vote of two-thirds of the
members of the Council.

TTTLX V THX DISTSICr BTTSOET

The fiscal year of the District of Columbia
is fixed by the bill, and the preparation and
adoption of the budget is provided for. The
Council Is empowered to rescind previously
appropriated funds then available for ex-
penditure, or to appropriate additional funds.

xrn^ VI — BoaaowiNO

The District Is authorized to incur indebt-
edness by issuing its bonds in either coupon
or registered form to fund or refund indebt-
edness of the District at any time outstand-
ing and to pay the cost of constructing or
acquiring any capital projects requiring an
expenditure greater than the amount of
taxes or other revenues allowed for such
capital projects by the annual budget, with
a restriction that the aggregate debt, in-
cluding debt owed to the Treasury of the
United States, is not to exceed 13 percent
of the average assessed value of the taxable
real and tangible personal property of the
District as of the 1st day of July of the 10
most recent fiscal years for which such as-
sessed values are available. The bill pro-
vides that new debt would have to be ap-
proved by the voters except that, within the
12 percent limitation, debt up to 2 percent
(In the aggregate) of the assessed valuation
of taxable real and personal property could
be authorized by the Council without approv-
al of the voters. The Council shall make
provision for the pajrment of any bonds Is-
sued pursuant to this title, and the bill sets
forth the provisions which must be con-
tained in an act authorizing the Issuing of
bonds.

The Council is authorized to Issue supple-
mental notes in a total amount not to ex-
ceed 6 percent of the total appropriations for
the current fiscal year if there are no un-
appropriated funds available to meet sup-
plemental appropriations. Such notes and
renewals thereof shall be paid not later than
the close of the fiscal year following that In
which such act becomes effective. Short
term notes may be issued in anticipation
of revenues in an amount not to exceed 20
percent of the total anticipated revenue for
the current fiscal year.

Bond acts of the District shall, where neces-
sary, provide for the levy annually of a
special tax without limitation of rate or
amount upon all taxable real and personal
tangible property in the District in amounts,
which, together with other revenues of the
District available and applicable for such
ptirposes, will be stifficient to pay principal
and Interest as these fall due. In addition,
the full faith and credit of the District for
the payment of the principal and Interest
on all bonds and notes is pledged.

Bonds and notes issued by the Council and
the interest thereon would be exempt from
all Federal and District taxation except es-
tate, inheritance, and gift taxes.

The bill would permit national banks. Fed-
eral building and loan associations and Fed-
eral savings and loans associations and banks,
trust companies, building and loan aesocia-
tlonp. and savings and loan associations dom-
iciled In the District of Coliunbia, to un-
derwrite and trade in public bonds or notes
of the District issued piu-suant to this title.

TiTLx ra — ^riNAirciAi. Arrxas or tbs dibtbict
This title provides for the bonding of em-
ployees of the District, and the Mayor Is
charged with the administration of the finan-
cial affairs of the District. He m\ist prepare
and submit the annual budget estimates and
budget message; supervise and be responsible
for all financial transactions; maintain sys-

tems of accounting and Internal control;
submit to the Council a monthly financial
statement, by appropriation and department;
prepare at the end of each fiscal year a com-
plete financial statement; supervise and be
responsible for the assessment of all property
subject to assessment within the District:
supervise and be responsible for the assess-
ment aixl collection of all taxes, special as-
sessmenu, license fees, and other revenues:
have custody over all public funds belonging
to or under the control of the District; and
have custody of all Investments and invested
funds of the District.

The Council may prorlde for the transfer
during the budget year of any appropriation
balance then available for one item of appro-
priation to another Item of appropriation,
and the allocation to new items of funds ap-
propriated for contingent expenditure. The
bin provides that no officer or agency of the
District shall expend or contract to expend
any money for any purpose In excess of
amounts available under appropriations
therefor, except exi}endlt\ire8 for capital Im-
provements to be financed in whole or In
part by the issuance of bonds.

The bill provides for an independent audit
by the General Accounting Office In accord-
ance with rules and regulations prescribed
by the Comptroller General. Such audit re-
ports as the Comptroller General deems nec-
essary shall be submitted to the Congress, the
Mayor, and the CouncU. The Mayor, with
the advice and consent of the Coxmdl. and
the Director of the Bureau of the Budget
are given power to enter into agreements con-
cerning the manner and method by which
amounts owed by the District to the United
States, or by the United States to the Dis-
trict, shall be ascertained and pcdd.

Trrue vm — xlzctions in thx distuct

The bill continues the Board of Elections
as established by the District Primary Act.
Successors to the present Board, after their
terms have expired, would be appointed with-
out regard to political affiliations by the
Mayor, by and with the advice and consent of
the Council, for a term of 3 years. The
Board Is charged with maintaining a perma-
nent registry; conducting registrations and
elections; determining appeals; printing, dis-
tributing, and counting ballots; dividing the
District into three wards as nearly equal as
possible In population and of geographic
proportions as nearly regular as possible; es-
tablishing voting precincts: operating poll-
ing, places, certifying election results and
other duties. The Board Is given authority
to prescribe such regulations as may be neoes-
sary for the purposes of the act. and the
salary of each member is fixed at the rate of
$1,600 per annvmn. Present law provides
compensation for Board members at $35 per
day while performing duties.

The Board of Elections shall conduct a
general election in each even-numbered year
and In any odd-numbered t^^fnttmr y«ar, if
an act authorizing the Issuance of bonds as
required by section 802 to be submitted for
a referendum at an election is enacted at
least 40 days prior to the date for conduct-
ing the election In such year.

General elections are to be held on the
fourth Tuesday before the Tuesday In No-
vember prescribed for runoff elections. The
latter are to be held on the first Tuesday
after the first Monday In November.

The oflfees to be filled by election are
members of thd CoimcU. the Mayor, and
the District Delegate. Members of the Coun-
cil shall be elected for 2-year terms begin-
ning on January 1 of the odd -numbered year
following such election. The Mayor shall be
elected for a 4-year term. The Dlstrtct Dele-
gate shall be elected for 3 years beginning
at noon on January S at the odd-numbered
year following such election.

The bill provides a procedure for the re-
call of any elective officer of the District of

1961

CONGRESSIONAL RECORD — SENATE

399

Colxunbla by the qualified electors of the
District. The petition to be filed demand-
ing the recall by such qualified electors of
any elective officer must be signed by not
less than 35 percent of the number of qxiall-
fied electors voting at the last preceding gen-
eral election. The petition must set forth
the retMons for such denuuid, and be filed
with the secretary of the Coimcll.

On the ballot at such election shall be
printed In not more than 300 words the rea-
son for demanding the recall of any elective
officer, and in not more than 300 words, the
officer's justification or answer to such de-
mands. No petition demanding the recall
of any officer shall be circulated until he has
held office for a period of 6 months.

The Board of Elections is authorized to
prescribe such regulations as may be neces-
sary with respect to the form, filing, exam-
ination, amendment, and certification of pe-
tition for recall, and with respect to the
conduct of any special election held for this
purpose.

Vacancies in the office of Mayor or In the
Council are to be filled at the next general
election. It is provided that lutil a va-
cancy In the office of Mayor or In tbe Coun-
cil can be filled In a general election, a
vacancy in the office of Mayor shall be filled
by appointment by the Council, and a vacan-
cy In the Council shall be filled by appoint-
ment by the Mayor.

In the event the office of Delegate becomes
vacant at a time when the unexpired term
Is 8 months or more, a special election Is
authorized.

A qualified elector shall be a person who
has maintained a domicile or place of abode
in the District continuously during the
1-year period ending on the date of the elec-
tion; who is a citizen of the United States;
who Is on the day of election at least 31
years of age; who has never been convicted
of a felony or, if so convicted, has been
pardoned; who Is not mentally incompetent
as adjudged by a court of competent Juris-
diction and who certifies that be has not.
within 1 year Immediately preceding the
election, voted In any election at which
candidates for any municipal c^cas (other
than in the District of Colvmibla) were on
the ballot. The term "municipal office" as
used In the bill means an office of any gov-
ernmental unit subordinate to a State or
territorial government.

The blU provides that no persons shall be
registered unless he shall be able to qualify
otherwise as an elector on the day of the
next election; he executes a registration affi-
davit on a form prescribed by the Board of
Elections showing that he will meet on elec-
tion day all the requirements of a qualified
elector. An appeal procedure Is provided for
a person who is not permitted to register.

The bill provides for two methods of nom-
inations: (1) a declaration of candidacy
without petition but with a filing fee equal
to 6 percent of the annual compensation of
the ofllce for which nomination is sought or
(3) a nominating petition signed in the case
of District Delegate or Mayor by 600 quali-
fied electors registered In the District, and
in the case of a candidate for the Council
300 qualified electors registered In the ward
from which nomination is sought. E3ec-
ttons are to be nonpartisan. The ballot is to
show the wards from which each candidate,
other than the District Delegate and Mayor,
has been nominated. Bach voter is entitled
to vote for nine candidates for the Council,
not more than three from each ward, and
one candidate for District Delegate, and one
candidate for Mayor. Absentee voting will
be permitted under regulations adopted by
the Board of Elections.

The bill contains an amendn\ent to the

Hatch Act by adding the District of Columbia

to section 16 thereof, which provides that —

"Whenever the United States Civil Servloe

Commission determines that, by reason of

special or unusual circiunstanoes which ex-
ist in any municipality or other political sub-
division, in the immediate vicinity of the
National Capital In the States of Maryland
and Virginia or in municipalities, the ma-
jority of whose voters are employed by the
Government of the United States, it is in
the domestic interest of persons to whom
the provisions of tills act are applicable, and
who reside In such municipality or political
subdivision, to permit such persons to take
an active part In political management or
in political canvpalgns Involving such mu-
nicipality or political subdivision, the Com-
mission is authorized to promulgate regiQa-
tions permitting such persons to take an
active part in such poUtical management
and political campaigns to the extent the
Commission deems to be in the domestic in-
terest of such persons."

Provision for challenging voters and for
appeals to the Board of Elections are made.
Poll watchers are authorized, and a proce-
dure is set up pertaining to recounts parallel
to that of the District Primary Act with a
modification to take care of referendums.
The petitioner miist deposit a sum of $20 for
each precinct to be recounted. The fee Is
refunded if the election result is changed
by the recount. The petition is to the Board
of Elections, and is filed by qualified candi-
dates in the elections. In the case of refer-
endums, since there are no candidates In a
referendxun. any person who voted In any
election is eligible to petition the Board for
a recount of votes cast on a referendum
question.

Violations of any provision of this title or
regulations published under ita authority
are declared misdemeanors and penalties are
provided.

Trn.x IX — maCBLLANSOuB

Except where the tarms of Intargovern-
mental contracta are prescribed by other
provisions of law. the District and Federal
Governmenta are authorized to contract
with each other for the rendition of services
In order to prevent duplication of effort and
to otherwise promote efficiency and economy.
Such contracts are to be negotiated by the
Federal and District authorities concerned
and be approved by the Director of the Bu-
reau of the Budget and by the Mayor, by
and with tbe advice and consent of the
Council. Such contracta will provide for
payment for the actual cost of furnishing
such services.

The coeto to each Federal officer and
agency in fiu-nishing services to the District
pursuant to any such contract is to be paid
out of appropriations made by the Council
to the District officers and agencies to which
they are furnished.

The costa to each District officer and
agency in furnishing services to the Federal
Government pursuant to any such contract
shall be paid from appropriations made by
the Congress to such Federal officers and
agencies.

No member of the Council and no other
officer or employee of the District shall have
any financial Interest direct or indirect in
any contract or sale to which the District Is
a party.

Except for the qualifications already
eniunerated, no person is Ineligible to serve
or to receive compensation as a member of
the Cotmcll or the Board of Elections be-
cause he occupies another office or position
or receives compensation from another
source. The right of a person to another
office under the laws of the United States
shall not be abridged by the fact of his serv-
ice as a member of the Coimcll or the Board
of Elections if such service does not inter-
fere with the discharge of his duties in the
other office.

The U.S. Civil Servloe Commission is au-
thorized to render advice and assistance to

the new government in tbe development at
a merit system.

TiTu; z— (nrocBssioN in oovnuficaiT
Whenever the functions of any existing
agency or officer are transferred under the
bill the personnel (except the members of
Boards or Commissions abolished by the
bUl) , property, records, and unexpended bal-
ances of appropriations which relate to the
functions are also transferred. Provision is
made for the settling of disputes which may
arise out of such transfers.

Any statute, regulation, or other action
relating to any officer or agency from which
any fimction is transferred by the bill shall.
e::cept to the extent modified or made inap-
plicable by or under authority of law. con-
tinue in effect as if such transfer had not
been made. No pending judicial or admin-
istrative action shall abate by reason of the
provisions of the bill becoming effective, but
such actions shall continue with appropriate
substitutions of parties.

The purpose underlying this title is to
provide continuity in the transfer of exist-
ing personnel, property, and funds; to con-
tinue In effect present statutes and regula-
tions; and to provide for orderly disposition
of pending actions and proceedings.

TITLE XI SKPAXABIUTT OF PXOVISIONS

This title provides that, should a part of
the act be held Invalid, the remainder of Ito
provisions shall not be affected thereby.

TTTLX Xn — TVMPOBAKT FBOVISIONS

The President of the United States Is
authorized and requested to take such action
dxiring the transition period between the
enactment of the bill and the first meet-
ing of the Council as he deems necessary
to enable the Board of Elections properly
to perform ita functions. The sum of
$500,000 is authorized to be appropriated
to the District to pay tbe expenses of the
Board of Elections and in otherwise carry-
ing into effect the provUions of the bill.
The full amount of expenditures made under
this authorization shall be reimbursable by
the District to the United States during
the fiscal year ending June 30, 1964.

TITX.Z Xm — UFZLTlVa DATES

The charter (titles I to XI. Inclusive, and
titles XV. XVI, and XVU) shall take effect
on the day following the date on which It
is accepted in the charter referendum pro-
vided by title XIV. except as specified In
section 1406, except that part 2 of title III,
title V, and title VII. and section 402 shaU
take effect on the day upon which the Mayor
and Council first elected takes office. Titles
xn. xm, and XIV shall take effect on the
day following the data on which this act
is enacted.

TTTLX XIV ST7BMISSIOK OT CRAKTXa VOS

The bill provides that on a date to be
fixed by the Board of Elections, not more
than 9 months after the enactment of the
act, a referendum shall be conducted to de-
termine whether the registered qualified
electors of the District accept the charter.
The Board of Elections established under the
District Primary Act Is charged with duties
of registration and the holding of the
charter referendum. Provision is made for
the form of ballot to be used In the refer-
endum and for the method of voting. If
a majority of the registered qualified elec-
tors voting in the charter referendum vote
for the charter, the charter shall be ac-
cepted as of the time the Board of Elections
certifies the result to the President, which
must be done not later than 30 dajrs after
the date of the referendum. The bill con-
tains a prohibition against the Interference
with the registration or voting of any quali-
fied elector In the referendum.

400

CONGRESSIONAL RECORD — SENATIB

January 9

1961

CONGRESSIONAL RECORD — SEN ATE

401

ii

n

rrUM XV — DSLMUTS

The bUl provides for a Delegate from the
DlBtrlet of Columbia to the House of Bep-
re«entatlve8. He shall have the right of de-
bate, may make any motion, except to
leconslder, shall be a member of the House
Committee on the District of Columbia, but
may not vote, which Is the same status as
the Territorial Delegate. His term of office
shall be for 2 years. No person shall hold
the ofllce of District Delegate unless he Is a
qualified elector, at least 25 years old. holds
no other public ofllce. Is domiciled and re-
sides In the District, and during the 3
years next preceding his nomination (a)
has been resident In and domiciled In the
District and (b) has not voted In any elec-
tion (other than in the District) for any
candidate for public ofllce. The bill amends
several statutes relating to a Territorial
Delegate and the Federal Corrupt Practices
Act, to make them applicable to the District
Delegate. The Delegate Is to be elected
•8 provided In title VIII.

TTTLK XVI — RSnaXMDUlC

The bill provides that the qualified elec-
tors shall have power to approve or reject in
a referendiun any act of the Ooiincil, or part
or parts thereof, which has become law,
whether or not such act Is yet operative.
This power shall not extend, however, to acts
authorizing the Issuance of bonds, which
are subject to the provisions contained In
section 602 or to acta continuing existing
taxes, or making appropriations which In the
aggregate are not In excess of those for the
preceding fiscal year. Within 45 days after
an act subject to this title has been enacted,
a petition signed by qualified electors equal
in number to at least 10 |>ercent of the num-
ber who voted at the last preceding general
election may be filed with the secretary of
the Council requesting that any such act, or
any part or parts thereof, be submitted to a
vote of the qualified electors. The Board of
Elections Is charged with conducting any
referendum under this title.

When a referendum petition has been cer-
tified as B\ifflclent, the act or parts thereof
specified In the petition shall not become
operative, or further action shall be sus-
pended If it shall have become operative,
until and unless approved by the electors as
provided in this title. If the secretary of the
Council has not specified the particulars in
which a petition Is defective within 30 days
after filing, the petition shall de deemed suf-
ficient for the purposes of this title. An act
which is submitted to a referendum which
is not approved by a majority of the qualified
electors shall be deemed repealed.

TTTLK XVn INTTTATTVI

Subject to the provisions of section 324
of the bill, the qualified electors are given the
power, independent of the Mayor and Coun-
cil, to propose and enact legislation relating
to the District with respect to all rightful
subjects of legislation not inconsistent with
the Constitution or with the laws of the
United States which are applicable but not
confined to the District.

In exercising the power of initiative, not
more than 10 percent of the number of quali-
fied electors voting In the last preceding gen-
eral election shall be required to propose any
measure by initiative petition. The method
for holding elections under the initiative
procedure is set forth in this title.

TTTLB XV 111 — TTTLX OF ACT

Provides that this act. divided into titles
and sections according to the table of con-
tents, and including the decl!\ration of con-
gressional policy, which Is a part of such act,
may be cited as the "District of Columbia
Charter Act."

Mr. MORSE. Madam President. I
further ask unanimous consent that the
bill be printed at this point in the Ricoro.

There being no objection, the bin was
ordered to be printed in the Rscord, as
follows:

Be it enacted by the Senate and Houte
of Representatives of the United States of
America in Congress assembled. That sub-
ject to the retention by Congress of the
ultimata legislative authority over the Na-
tion's Capital which is granted by the Con-
stitution, It is the intent of Congress to
restore to the inhabitants of the District of
Colximbla the powers of local self -govern-
ment which are a basic privilege of all Amer-
ican citizens; to reaffirm throxigh such ac-
tion the confidence of the American people
In the strengthened validity of principles of
local self-government by the elective proc-
ess: to promote among the Inhabitants of
the District the sense of responsibility for
the development and well-being of their
community which will result from the en-
joyment of such powers of self-government;
to provide for the more effective participa-
tion In the development of the District and
In the solution of Its local problems by those
persons who are most closely concerned:
and to relieve the National Legislature of
the bxutien of legislating upon purely local
District matters. It is the further inten-
tion of Congress to exercise its retained ulti-
mate legislative authority over the District
only Insofar as such action shall be neces-
sary or desirable in the Interest of the
Nation. Finally, it is recognized that the res-
toration of the powers of local self-govern-
ment to the Inhabitants of the District by
this Act win In no way change the need,
which arises from the imlque character of
the District as the Nation's Capital, for the
payment by the Federal Government of a
share of the expenses of the District gov-
ernment; and it is intended that an equita-
ble share thereof shall be paid annually.

TABUS or OONTKNTS

Title I—DeflnitUms
Sec. 101. Definitions.

Title Il—Statua of th« DUtrict
Sec. 201. Status of the District.

Title in— The District Council
Part 1 — Creation of the District Coimcll

Sec. 301. Creation and membership.

Sec. 302. Qualifications for holding ofllce.

Sec. 303. Compensation.

Sec. 304. Procedure for changes.

Part 2 — Principal Functions of the District
Council

Sec. 321. Fimctlons heretofore exn-clsed by

the Board of Commissioners.
Sec. 322. Functions relating to coning and

other agencies.
Sec. 323. Certain delegated functions.
Sec 324. Powers of and limitations ujjxm

District Council.
Part 3 — Organization and Procedure of the

District Council
Sec. 331. The Chairman.
Sec. 332. Secretary of the District Covmcil;

records and documents.
Sec. 933. Meetings.
Sec. 334. Committees.
Sec. 335. Acts and resolutions.
Sec. 336. Passage of Acts.
Sec. 337. Procedure for Zoning Acts.
Sec. 338. Investigations by District CounclL

Title IV— Mayor
See. 401. Election, qualifications, and salary.
Sec. 402. Powers and duties.

TitU V—The District Budget

Sec. 501. Fiscal year.

See. 602. Budgetary details fixed by DistrUTt

Council.
Sec. 503. Adoption of budget.
See. 604. Budcet astabllalMS apiiroprlatlaos.
Sec. 606. Supplemental approprlatloos.

Title VI— Borrowing

Part 1 — Borrowing for Capital Improvement*

Sec. 601. Borrowing power; debt limitations.

Sec. 002. Contents of borrowing legislation;
referendum on bond Issue.

Sec. 803. PubllcaUon of borrowing legisla-
tion.

Sec. 604. Short period of limitation.

Sec. 605. Acts for Issuance of bonds.

Sec. 600. PubUcsale.

Part 2 — Short Term Borrowing

Sec. 621. Borrowing to meet sui>plemental
appropriations.

Sec. 622. Borrowing in anticipation of reve-
nues.

Sec. 623. Notes redeemable prior to matiirlty.

See. eM. Sale of notes.

Part 3 — Payment of Bonds and Notes

Sec. 631. Payment of bonds and notes.
Part 4 — ^Tax Exemption — Legal Investment

Sec. 641. Tax exemption.

Sec. 642. Legal investment.

Title VII— Financial AJfair* of the District

Part 1 — Financial Administration

Sec. 701. Surety bonds.

Sec. 702. Financial duties of the Mayor.

Sec. 703. Control of appropriations.

Sec. 704. Accounting supervision and control.

Sec. 705. When contracts and expenditures

prohibited.
Sec. 706. General fund.
Sec. 707. Contracts extending beyond ons

year.

Part a — Annual Post Audit by Ocneral
Accounting Office

Sec. 721 . Independent annual post audit.
Sec. 722. Amendment of Budget and Ac-
counting Act.

Part 3 — Adjustment of Federal and District
Expenses

Sec. 791. Adjustment of Federal and District
"!' expenses.

Title VIII— Elections in the Distriet
Sec. 801. Board of elections.
Sec. 802. What elections shall be held.
Sec. 803. Elective offices; terms of office.
Sec. 804. Vacancies.
Sec. 805. What candidates are elected.
Sec. 806a. Recall.
Sec. 806. Qualified electors.
Sec. 807. Registration.
Sec. 806. Qualified candidates.
Sec. 809. Nominations.
Sec. 810. Nonpartisan elections.
Sec. 811. Method of voting.
Sec. 812. Recounts and contests.
Sec. 813. Interference with registration or

voting.
Sec. 814. Vlcdatlons.

TUle tX—Miscellaneou$

See.BOl. Agreements with United States.

See. 902. Personal interest in contracts or
transactions.

Sec. 903. Compensation from more than one
source.

See. 904. Assistance of United States OivU
Service Commission in develop-
ment of District merit system.

Title X — Succession in Government

Sec. 1001. Transfer of personnel, property,

and funds.
Sec. 1002. Existing sUtutes. regulstlons, and

BO forth.
Sec. 1003. Pending actions and proceedings.
Sec. 1004. Vacancies resulting from abolition

of Board of Commissioners.

rttis XI— Separability of Provisiona
See. 1101. Separability of provlslona.

Title XII — Temporary Provisiont
See. laoi. Powers of the Preaident during

transition period.
See. 1202. Xtelmburaable approprlatiaa for
the District.

Title XIlI—KfeeUve Date»
Sec. 1301. XffecUve dates.

TitU XIV—SubmiMl<m of Charter for
Referendum

Bee. 1401. Charter referendum.

Sec. 1402. Board of Elections.

Sec. 1403. Registration.

Sec. 1404. Charter referendum ballot; notice

of voting.
Sec. 1406. Method of voting.
Sec. 1400. Acceptance or oonacceptanee of

charter.

Title XV— Delegate

Bee. 1601. DUtrlet Delegate.

Title XVI — Referendum

Sec. 1401. Power of referendum.

Sec. 1002. Effect of oertlflcation of referen-

Sec. 1603. Submission to electors.

Sec. 1004. AvallabUlty of list of qualified

electors.
Bee. 1005. Results of referendum.

Title XVII— Initiative
Sec. 1701. Initiative.

Title XVIII— Title of Act
Bee. 1801. TlUe of Act.

TTTLM I — DSFIM U' JUMS

Definitions

Sac. 101. For the piuposes of this Act —

(1) The term "District" means the District
of Columbia.

(2) The terms "District Council" or
"Council" means the Council of the District
of Coliunbia provided for by title m.

(3) The term "Chairman" means the
Chairman of the District Council provided
for by tiUe m.

(4) The term "Mayor'* means the Mayor
provided for by title IV.

(6) The term "qxuUlfled elector" means a
qualified Sector of the District as specified
in section 808, except as otherwlae specifi-
cally provided.

(6) The term "act" includes any leglsla-
tkm adopted by the District CouncU, except
where the term "Act" is used to refer to this
Act or other Acts of Congress herein specified.

(7) The term "Dlstrtct Primary Act-
means the Act of August 12. 1956 (Public
Law 876, Eighty-fourth Congress; 06 Stat.
809).

(8) The term "person" includes an Indl-
Tldtial. partnership, association, joint-stock
company, trust, or corpomtion.

(9) The term "capital project", or "proj-
ect", means (a) any physical public better-
ment or Improvement and any preliminary
studies and surveys relative thereto; (b)
the acquisition of property of a permanent
native; or <c) the purchase of equipment for
any public betterment or improvement when
first erected or acquired.

(10) The term "pending**, when applied
to any capital project, means autbcriaed but
not yet ooini>leted.

(11) The term "Board at Bectloos" means
the Board of Elections created by section S
of the District Primary Act.

(12) The term "election", unless the con-
text otherwise indicates, means an election
held pursuant to the provisions of this Act.

(18) The term *^amlclle" means that
place where a person has his true, fixed, and
permanent home and to which, when he Is
absent, he has the intention of returning.

(14) The term "municipal office" means
an office of any governmental tmit subor-
dinate to a State or Territorial government.

(15) The terms "publish" and "publica-
tion", unless otherwise specifically provided
herein, means publication in a newspaper of
general circulation published in the District.

(16) The term "Municipal Courts of the
District of Coliunbia" means the Municipal
Court for the District of Columbia, the Mu-
nicipal Court of Appeals for the District of
Columbia, the District of ColumMa Tlu

Court, the juvenile court of the District of
Columbia, and such other municipal eourts
as the District Council may hereafter estab-
lish by act.

TRLS n BIATDS or THS DISTSSCT

Status of the District
Sxc. 301. (a) All the territory constituting
the permanent seat of the Government of
the United States shall continue to be des-
ignated as the District of Colimibla. The
District of Columbia Is hereby declared to be
a body politic and corporate In perpetuity
for governmental purposes and as such may
sue and be sued, contract and be con-
tracted with, and have a corporate seal.
Such body politic and corporate is the suc-
cessor of the District of Columbia created
by section 2 of the Revised Statutes relating
to the Distriet of Coliunbia and continued
by the first section of the Act of June 11,
1878 (D.C. Code. 1951 edlUon, sec. 1-102).
60 far as is consistent with the provisions
of this Act, all powers, rights, privileges. Im-
munities, duties, obligations, assets, and lia-
bilities of the District of Columbia created
by such section 2 are hereby transferred to.
Tested in, and imposed upon the body politic
and corporate created by this section.

(b) Section 1 of the Act of February 21,
1871 (10 Stat. 419), and section 1 of the Act
of June 11, 1878 (20 Stat. 102), are hereby
repealed.

(c) Nothing contained in this section shall
affect the boundary line between the Dis-
trict of Columbia and the Conunonwealth of
Virginia as the same was established or may
be subsequently established under the provi-
sions of title I of the Act of October 31,
1946 (59 Stat. 652).

T1TLB m— TKX DIsraXCT COUHCU,

Part I — Creation of the District Council
Creation and Membership

Sac. SOI. There Is hereby crested a Coun-
cil of the District of Columbia consisting
of nine members elected as provided In title
VUL

Qualifications for Holding Office

Sxc. 302. No person shall hold the ofllce of
member of the District Council unless he (1)
Is a qualified elector, (2) is domiciled In the
District and resides in the ward from which
he Is nominated, has, during the three years
next preceding his nomination, resided and
been domiciled in the District and has for
one year preceding his nomination, resided
and been domiciled in the ward from which
he is nominated, (3) holds no otho- elective
public ofllce. and (4) holds no i^>polntlve of-
fice for which compensation is provided out
of District funds. A member of the Council
shall forfeit his office upon failure to main-
tain the qualifications required by this sec-
tion.

Compensation

Sac. 803. Each member of the District
Council except the Chairman, shall receive
compensation at a rate of $6,500 per annum,
payable in p>erlodlc lixatallments. The Chair-
man shall receive compensation at a rate of
$8,500 per annum, payable In periodic install-
ments. All members shall receive sxich ad-
ditional allowances for expenses as may be
ai^roved by the District Coxincil to be paid
out of funds duly appropriated therefor.

Changes in Membership and Compeneatlon
ot DIstilct OouneU Members

Sac. 804. The number of members con-
stituting the District Cotincll. the quallflea-
tlons for holding office, and the compensa-
tion of such members may be changed by act
passed by the District Council: Provided,
That no such Act shall take effect until after
it has been assented to by a majority of the
qualified electors of the District voting at an
election on the proposition set forth in any
such aet.

Port 2— Principal funetiont of the District
CouJteil

Functions Heretofore Exercised by the Board
of Commissioners

Sac. 831. (a) Except as otherwise provided
In this Act, all functions granted to or Im-
posed upon the Board of Ccmunlssloners of
the District are hereby transferred to the
District CoTincll except those powers her^n-
after speclficaUy conferred on the Mayor.

(b) The Board of Commissioners of the
District is hereby abolished, and all provi-
sions of law providing for the Board of Com-
missioners of the District, and the ofllces of
Commissioner, Engineer Commissioner, and
Assistants to the Engineer Coramlasioner of
the District, are hereby repealed.

(c) The Board of Education provided for
in section 2 of the Act entitled "An Act to
fix and regulate the salaries of teachers,
school officers, and other employees of the
Board of Education of the District of Co-
liunbia", approved Jime 20, 1906 (34 Stat.
316) , is hereby abolished and Its functions
are hereby transferred to the District Ooimcil
for exercise in such manner and by such
person or persons as the Council may direct.

Functions Relating to Zoning and Other
Agencies

Sac 322. (a) The Zoning Commission
created by the first section of the Act of
March 1, 1920, creating a Zoning Commis-
sion for the District of Columbia, as amended
(D.C. Code, 1951 edition, sec. 5-412) , is hereby
abolished, and its functions are transferred
to the District Council.

(b) The Public Utilities Commission of
the District of Columbia; the District of Co-
lumbia Redevelopment Land Agency; the
Armory Board; and the National Capital
Housing Authority are hereby abolished and
their fiuictions transferred to the District
Council for exercise In such manner and by
such person or persons as the Council may
direct.

Certain Delegated Functtona

Sac. 323. No function of the Board of Com-
missioners of the District which such Board
has delegated to an officer cm* agency of the
District shall be considered as a fimctlon
transferred to the CouncU by section 321.
Each such fimctlon is hereby transferred to
the officer or agency to whom or to which it
was delegated, until the Mayor or CouncU,
or both, pui|8uant to the powers herein
granted, shaU revoke, modify, or transfer
such delegation.

Powers of and Limitations Upon District
CouncU

Sac. 824. (a) Except as provided in sub-
section (b) and subject to the reserved
powers of the Congress as provided in sec-
tion 824(d), there shaU be vested (1) In the
District CouncU, and (2) In the qualified
electors of the District of Columbia as pro-
vided in secUon 1701 of this Act, complete
legislative power over the District with re-
spect to all rightful subjects of legislation
not inoMisistent with the Constitution or
with the laws of the United States which are
applicable but not confined to the District:
Provided, That such subjects are within the
scope of the power of Congress In Its capacity
as the legislature for the District of Co-
lumbia as distinguished from its capacity as
the National Legislature. Except as other-
wise provided in sections 321 and 322, noth-
ing in this section shaU be construed as
vesting in the District government any
greater authority over the Commission on
Mental Health, the National Zoological Park,
the Washington Aqueduct, the National
Guard of the District of Columbia, or any
Federal agency, than the authority which was
vested in the Board of Commissioners prior
to the date of the enactment of this Act.
The District CouncU shall, by majority vote
of those present, confirm or reject nusntness
propoaed by the Mayor, and ttaaU bave

CVli-

-20

402

CONGRESSIONAL RECORD — SENATE

Jantuiry 9

'■a

%

power, by vote at two-thlrda of Its member*,
to override any veto by the Mayor.

(b) The qualified electors of the District
of Columbia or the District Council may not
pass any act contrary to the provisions of
this Act or—

(1) impose any tax on property of the

United States:

(2) grant any exclusive privilege, immu-
nity, or franchUe;

(8) authorlae any lottery or the sale of
lottery Uckets or authorize any form of
gambling;

(4) authorize the use of pubUc money in
support of any sectarian, denominational, or
private school except as now or hereafter
authorized by Congress;

(6) lend the public credit for support of
any private undertaking:

(6) authorize the Issuan^ of bonds except
In compliance with the provisions of title
VI; or

(7) pass any act Inconsistent with or con-
trary to the Act of Jime 6. 1924 (43 Stat.
463), as amended by the Act of April 30,
1926 (44 Stat. 374), the Act of July 19, 1962
(66 Stat. 781): and the Act of May 29,
1930 (46 Stat. 482), and the people or the
Council shall not pass any act Inconsistent
with or contrary to any provision of any
Act of Congress as It specifically pertains to
any duty, authOTlty, and responsibility, of
the National Capital Planning Commission;
except Insofar as the above-cited or other
referred to Acts refer to the Engineer Com-
missioner or the Board of Conunlssloners, the
fOTmer of which terms, after the enactment
of this Act, shaU mean the Mayor or some
District Government official deemed by the
Mayor to be best qualified, and designated by
him to sit In lieu of the Mayor as a member
of the National Capital Planning Commis-
sion and the National Capital Regional Plan-
ning Coxmcll, «md the latter term shall mean
the District Council.

(c) An act, except as otherwise provided
In this Act, shall become effective thirty days
after its passage or at such later time as
the Council may designate: Provided, That
an act may become effective at any time after
Its passage If the Council by vote of two-
thirds of Its members shall state In such
act that an emergency exists requiring such
earlier effective date. Every act or resolu-
tion shall Include a preamble, or be accom-
ptmled by a report, setting forth concisely
the piuposes of its adoption. Every act or
resolution shall be published, within seven
days after Its passage, as the District Coun-
cil may direct.

(d) The Congress of the United States
reserves the right, at any time, to exercise
Its constitutional authority as legislature for
the District of Colimibla. by enacting legis-
lation for the District on any subject,
whether within or without the scope of leg-
islative power granted to the qualified elec-
tors of the District of Columbia and the
District Council by this Act. Including with-
out limitation legislation to amend or repeal
any law In force In the District of Columbia
prior to or after the enactment of this Act
and any act or resolution passed by the
Council or any act passed by the qualified
electors of the District of Columbia.

(e) Upon the effective date of this title,
jurisdiction over the Municipal Courts of
the District of Columbia shall vest with the
DUtrlct CouncU In all matters pertaining to
the organization and composition of such
Courts, and to the appointment or selection,
qualification, tenure, and compensation of
the Judges thereof. Nothing In this Act
shall be construed to change the tenxire of
any Judge occupying the position of a judge
of a Municipal Coiurt of the District of Co-
lumbia on the date of the enactment of this
Act, except that his compensation may be
Increased.

(f) On or after the effective date of this
title, any person appointed or elected to serve

aa Judge of one of the Municipal Courts of
the District of Coliunbla shaU not (1) be ap-
pointed or elected to serve for a term of
less than ten years, or (2) receive M com-
pensation for such service an amoimt leae
than the amount payable to an associate
judge of the Municipal Court of the DUtrlct
of ColxmibU on the date of enactment of
this Act.

(g) Nothing in subsection (e) of this sec-
tion shall be construed to curtaU the juris-
diction of the United States District Court
for the District of Columbia or any other
United States court other than the Mu-
nicipal Courts of the District of Columbia.

Part 3 — OrganizatioTi and procedure of the
District Council
The Chairman
Sec. 331. The District CouncU shall elect
from among Its members a Chairman who
shall oe the presiding officer of the District
Council and a Vice Chairman, who shall pre-
side In the absence of the Chairman. When
the Mayor Is absent or unable to act, or
when the office Is vacant, the Chairman shall
act in his stead. The term of the Chairman
shall be for two years.

Secretary of the District Council; Records
and Documents
Szc. 332. (a) The District CouncU shaU
appoint a secretary as Its chief administra-
tive officer and such assistants and clerical
personnel as may be necessary. Notwith-
standing any other provision of this Act. the
compensation and other terms of employ-
ment of such secretary, assistants, and cleri-
cal personnel shall be prescribed by the
District CouncU.

(b) The secretary shall (1) keep a record
of the proceedings of the District Council,
(2) keep a record showing the text of all
acts and resolutions introduced, and the
ayes and noes of each vote. (3) authenticate
by his signature and record In full In a
continuing record kept for that pxirpoee aU
acts passed by the District Council, and (4)
perform such other duties as the District
Council may from time to time prescribe.

Meetings
Sec. 333. (a) The first meeting of the Dis-
trict Coxmcll after this part takes effect shaU
be called by the member who receives the
highest vote In the election provided in title
Vni. He shall preside imtll a Chairman is
elected. The first meeting of the DUtrlct
Council In each odd-numbered year com-
mencing with the first odd-numbered year
next foUowlng such election shall be called
by the Secretary of the DUtrlct Coimcll for
a date not later than January 7 of such
year.

(b) The District CouncU shall provide for
the time and place of its regular meetings.
The DUtrlct CouncU shaU hold at least one
regular meeting In each calendar week except
that during July and August It shall hold
at least two regular meetings In each month.
Special meetings may be called, upon the
giving of adequate notice, by the Mayor, the
Chairman, or any three members of the
Council.

(c) Meetings of the DUtrlct CouncU shaU
be open to the public and shall be held at
reasonable hours and at such places as to
accommodate a reasonable number of spec-
tators. The records of the CouncU provided
for In section 832(b) shaU be open to pub-
lic inspection and avaUable for copying d\ir-
Ing aU regular office hours of the CouncU
Secretary. Any citizen shall have the right
to petition and be heard by the Council at
any of Its meetings, within reasonable limits
as set by the Council Chairman, the CouncU
concurring.

Oommlttaw
Sxc. 334. The CoimcU Chairman, with the
advice and consent of the CouncU. shall
appoint sucli standing, and special commit-

tees as may be expedient foe the conduct of
the CouncU's business. AU committee
meetings shall be open to the public except
when ordered closed by the committee chair-
man, with the approval of a majority ot the
members of the committee.

Acts and Resolutions
8»c. 335. (a) The CouncU, to discharge the
powers and duties imposed herein, shall en-
act acU and adopt resolutions, upon a vote
of a majority of the members of the Coun-
cil unless otherwise provided herein. Acts
shall be used for all legUlatlve purposes.
Resolutions shall be used to express simple
determinations, decisions, or directions of
the DUtrlct Council of a special or tempo-
rary character.

(b) (1) The enacting clause of all act*
passed by the District Council shall be. "Be
It enacted by the Council of the DUtrlct of
Columbia:".

(2) The resolving clause of all resolution*
passed by the DUtrlct Council shall be "The
Council of the DUtrict of Columbia hereby
resolves.".

(c) A special election may be called by
reaoluUon of the DUtrlct Council to present
for referendum vote of the people any propo-
sition upon which the DUtrlct Council de-
sires to take such action.

Passage of Acts

Szc. 836. The DUtrlct Council shall not
pass any act before the thirteenth day fol-
lowing the day on which It U Introduced.
Subject to the other limitations of this
Act, thU requirement may be waived by the
unanimous vote of the members present.
Procedure for Zoning Acts

Sac. 837. (a) Before any zoning act for
the DUtrlct U passed by the DUtrict
Council —

(1) the DUtrlct CouncU shall deposit ttoe
act In Its Introduced form, with the National
Capital Planning Commission. Such Com-
mission shall within thirty days after the
date of such deposit, report to the DUtrlct
Coimcll whether the proposed act U In con-
formity with the comprehensive plan for the
DUtrlct of Columbia. The DUtrlct Council
may not pass the act unless It has received
such report or the Commission has failed
to report within the thirty-day period above
specified; and

(2) the DUtrlct Council (or an appropriate
committee thereof) shall hold a pubUc hear-
ing on the act. At least thirty days* notice
of the hearing shall be published as tb*
Council may direct. Such notice shall in-
clude the time and place of the hearing and
a summary of all changes In exUtlng law
which would be made by adoption of the
act. The DUtrlct CouncU^ (or committee
thereof holding the hearing^ shall give such
additional notice as it finds expedient and
practicable. At the hearing Interested per-
sons shall be given reasonable opportunity ^
to be heard. The hearing may be adjourned ^,
from time to time. The time and place of ^
the adjourned meeting shall be pubUcly an-
nounced before adjovirnment U had.

(b) The DUtrlct CouncU shall deposit
with the National Capital Planning CommU-
slon each zoning act passed by It. If In the
opinion of the Commission such act as
passed, would adversely affect the Interests
of the Federal Oovernment. the Commission,
shall within thirty days after the date of
such depcelt certify to the DUtrlct CouncU
Its disapproval of such act. If such certifi-
cation of disapproval U not made within
such thirty-day period, the zoning act shall
take effect as law on the day following the
expiration of such period. If the CommU-
slon makes such certification of disapproval
within the thirty-day period above specified,
the zoning act shall take effect aa law only
if. within thirty days after the day on which
such certification is received, the act be
readopted by the affirmative vote of at least

1961

CONGRESSIONAL RECORD — SENATE

403

two-tbirds of the members of the District
CouncU; In which case the zoning act shall
take effect as law on the day following the
day on which It U readopted, or at sudi
later date as the CouncU may deslgpiate.

Investigations by District Council

Sac. 838. (a) The DUtrict Council, or any
conunlttee or person authorized by It, shaU
have power to Investigate any matter relat-
ing to the affairs of the DUtrlct: and for
that purpose may require the attendance
and testimony ot witnesses and the produc-
tion of books, paper*, and other evidence.
For such purpose any member of the DUtrlct
Council (If the DUtrlct CouncU U conduct-
ing the Inquiry) or any member of the com-
mittee, or the person conducting the Inquiry,
may issue subpenas and may administer
oaths.

(b) In case of contumacy by, or refusal
to obey a subpena Issued to, any person, the
DUtrlct CouncU, conunlttee. or person con-
ducting the Investigation shall have power
to refer the matter to any judge of the
United SUtes District Court for the DUtrlct
of Coliunbla. who may by order require such
person to appear and to give or produce
testimony or books, papers, or other evidence,
bearing upon the matter under Investiga-
tion; and any failure to obey such order may
be punished by such court as a contempt
thereof as In the case of faUure to obey a
subpena issued, or to teettfy. In a case pend-
ing before such court.

TTTLX TV — ^MATOe

Election. Qualiflcatlons, and Salary
Szc. 401. (a) There U hereby created the
ofllce of Mayor of the DUtrlct of ColiuDbu.
The Mayor shall be elected as provided in
tiUeVm.

(b) No person shall hold the office of
Mayor unless he ( 1 ) U a qualified elector,
(2) U domiciled and resides In the DUtrlct
and has during the three years next preced-
ing hU nomination been resident In and
domiciled In the DUtrlct, (8) holds no other
elective public office, and <4) holds no
appointive office for which compensation U
provided out of DUtrlct funds. The Mayor
*haU forfeit his office upon faUure to main-
tain the qualifications required by thU
■action.

(c) Tlie Mayor shaU receive an annual
■alary of $15,000, and an allowance for afltdal
expenses, which he shaU certify In reasonable
detaU to the DUtrlct CouncU, of not more
than $2,500 annually. Such salary shaU be
payable in periodic Installments.

(d) Notwithstanding any other provUion
of thU Act, the method of election, the
qualifications for office, the compensation and
the allowance for official expenses pertaining
to the office of Mayor may be changed by act
passed by the DUtrlct Council: Provided,
That no such act shall take effect untU after
it has been assented to by a majority of the
qualified electors of the DUtrlct voting at an
election of the proposition set forth In any
tnich. afct.

Powwra and Duties

Sac. 402. The Mayor shall be the chief
executive officer of the District government.
He shall be responsible for the prc^>er ad-
ministration of the alTain of the DUtrlct
coming under hU jurlsdlctton or control, and
to that end shaU have the foUowlng i>owers
and fvmctlons :

(1) He shall designate the officer or officers

of the executive department of the DUtrlct

who ShaU, during periods of disability or

absence frcon the District of the Mayor, the

■Chairman and the Vice Chairman of the

DUtrlct Council, execute and perform aU the
powers and duties of the Mayor.

(2) He ^all act as the official spokesman
for the DUtrlct and as the head of the Dis-
trict for ceremonial purpose*.

(8) He shall admlnUtor all laws relating
to the ^polnUnent, promotion, discipline,
separation, and other conditions of employ-

ment of personnel in the office of the Mayor,
personnel In executive departments of the
DUtrlct, and members of boards, commis-
sions, and other agencies, who. under laws In
effect on the effective date of thU section.
are subject to ai^xdntment and removal by
the Commissioners. All actions affecting
such personnel and such members shaU. untU
such time as legUlation U enacted by the
DUtrict Council superseding such laws and.
establUbing a permanent clvU service system
or systems, based on merit, pursuant to sec-
tion 402(4) continue to be subject to the
provisions of Acts ot Congress relating to
the appointment, promotion, discipline, sep-
aration, and other conditions of employment
applicable to officers and employees of the
DUtrlct government; to section 1001(d) of
thU Act, and, where applicable, to the pro-
visions of the joint agreement between the
Commissioners and the ClvU Service Com-
mission authorized by Executive Order Num-
bered 6491 of November 18, 1930, relating
to the appointment of DUtrict personnel.
He shall appoint or assign personnel to posi-
tions formerly occupied, ex officio, by one
or more members of the Board of ConunU-
sloners and shall have power to remove
such personnel from such positions. The of-
ficers and employees of each agency with
respect to which legislative power U dele-
gated by thU Act and which. Immediately
in-ior to the effective date of this section,
was not subject to the admlnUtratlve con-
trol of the Board of Conunlssloners of the
DUtrict, shall continue to be i^pointed and
removed In accordance with applicable laws
untU such time as such laws may be super-
seded by legislation passed by the CouncU
establUhlng a permanent civil service sys-
tem or systems, based on merit, pursuant to
section 402(4) : Provided, That all iqjpolnt-
ments of department heads and monbers
of boards and commissions; all appoint-
ments and assignments to positions formerly
occupied, ex officio, by one or more mem-
bers of the Board of Commissioners of the
DUtrlct, and ap]x>intment8 made pursuant
to section 804 of this Act, shall be by and
with the consent of the CouncU.

(4) He shall admlnUter the personnel
functions of the District covering employees
of aU District departments, boards, commU-
slons, offices, and agencies, except as other-
wise provided by thU Act. Personnel legis-
lation enacted by Congress, prior to or after
the effective date of thU section, including,
vrlthout limitation, legUlation relating to ap-
pointments, promotions, discipline, separa-
tions, pay, unemployment cranpensatlon, dU-
ablUty and death benefits, leave, retirement,
insurance, and veteran's preference, appli-
cable to employees of the District govern-
ment, as set forth In section 1002(c), shaU
continue In effect untU such time as the
CouncU shall, pursuant to thU section, pro-
vide slmUar or comparable coverage under a
DUtrlct civil service system or systems, based
on merit. The DUtrlct clvU service system
or systems shall be established by legisla-
tion of the Council and shall provide cov-
erage similar or comparable to, or shall pro-
vide for continued participation In, all or
part of the Federal civil service system. The
District civil service system or systems shall
take effect not earlier than one year or later
than five years after the effective date of thU
section.

(5) He ShaU. through the heads of ad-
ministrative boards, offices, and agencies,
supervise and direct the activities of such
boards, offices, and agencies.

(6) He shall, at the end of each fiscal
year, prepare reports for such year of (a)
the finances of the DUtrlct, and (b) the
admlnUtratlve activities of the executive of-
fice of the Mayor and the executive de-
{>artments of the District. He shall submit
such reptorts to the Coimcil within ninety
day* after the close of the fiscal year.

(7) He shall keep the Dtstrlct CouncU ad-
Tlsed of the flpn-nHai condition and future

needs of the Dlstrlet and make snch
mendatlons to the Council a* aoay
him desirable.

(8) He may submit drafts of act* to the
DUtrlct CouncU.

(9) He shaU perform such other duties as
the DUtrlct CouncU, consistent with the pro-
vUlons of thU Act. may direct.

(10) He may delegate any of hto functions
(other than the function of -approving con-
tracts between the DUtrlct and the Federal
Government under section 901) to any of-
ficer, employee, or agency of the executive
office of the Mayor, or to any director of an
executive department who may, with the
approval of the Mayor, and if the Council
has given assent, make a further delegation
of aU or a part of such fimctlons to sub-
ordinates under hU jurUdictlon.

(11) The Mayor or the DUtrlct CouncU
may propose to the execxitlve or legUlatlve
branches of the VS. Government, legUlation
or other action dealing with any subject not
falling within the authority of the DUtrict
government, as defined In thU Act.

(12) As custodian he shaU use and au-
thenticate the corporate seal of the District
In accordance with the niles of the Council.

(13) He ShaU have the rlfi^t. under the
niles to be adopted by the DUtrlct CouncU,
to be heard by the CouncU or any of It*
conunlttee*.

(14) If empowered by the DUtrict Council,
he U authorized and directed to promulgate,
adopt and enforce such rtiles and regxUa-
tlons, not Inconsistent vrith any Act of the
Congress or any act of the CouncU, as are
necessary to carry out hU functions and
duties.

(15) He ShaU within ten days after the
adoption of any act by the DUtrlct OouncU
approve or disapprove such act. In the event
of disapproval stating hU reasons therefor.
If the Mayor shall not act thereon within
ten days, such act shall become law as pro-
vided In thU Act. XTpon such disapproval,
such act shaU not become law unless pxirsu-
ant to section 824(a) It shaU subsequently
within thirty days after such veto be re-
adopted by vote of two-thirds of the mem-
bers of the District CoxmcU, wheret^>on it
shall become law in accordance with the
provUlons ot thU Act.

TXTU T— THX DISTSZCT 9XnOWt

Fiscal Tear

Sxc. 501. The fiscal year of the DUtrlct of
Columbia shaU begin on the 1st day of July
and shaU end on the 30th day of Jtme of
the succeeding calendar year. Such fiscal
year shaU aUo constitute the budget and
accounting year.

Budgetary DetaU* Fixed by District CouncU
Sac. 602. (a) The Mayor shaU prepare and
sulnnlt, not later than AprU 1. to the DU-
trlct CouncU, In such form as the CoxmcU
shall approve, the annual budget estimates
of the District and the budget message.

(b) The Mayor shall. In consultation with
the DUtrict CouncU, take whatever action
may be necessary to achieve, insofar as U
possible, (1) consistency In accounting and
budget classifications, (2) synchronization
between acoountlng and budget classifica-
tions and organizational structure, and (8)
support of the budget justifications by in-
formation on perfcwTnanoe and program
costs as shown by the accounts.

Adoption of Budget

Sec. 503. The DUtrlct Council shall by
act adopt a budget for each fiscal year not
later than May 16, except that the DUtrict
CouncU may, by resolution, extend the pe-
riod for Its adoption. The effective date of
the budget shaU be JiUy 1 of the same
calendar year.

Budget EbtabUshes Appropriations

Sbo. 504. The adoption of the budget by
the District Council shaU. from the effective
date thoreof. operate to approprUts and

I

404

CONGRESSIONAL RECORD — SENATB

January 9

1961

to maka aTallable for expen<Utur«, for the
purpoMs therein named, the several amoimta
■tat«d therein as proposed expendlturea. sub-
ject to the provisions ot section 702.
Supplemental Appropriations
Skj. BOfi. The district CoimcU may at any
time adopt an act by vote of a majority of
its members rescinding previously appropri-
ated funds which are then available for ex-
penditure, or appropriating funds in addi-
tion to those theretofore appropriated to the
extent unappropriated funds are available;
and for such purpose unappropriated funds
may include those borrowed in accordance
with the provisions of section 621.

TTTLX VI — BOEROWINO

Port I — Borrotoing for capital improveTnents
Borrowing Power; Debt Limitations
8«c. 601. The District may incur indebt-
edness by issuing its tx>nds in either coupon
cm: registered form to fund or refund indebt-
edness of the District at any time outstand-
ing and to pay the cost of constructing or
acquiring any capital projects requiring an
expenditure greater than the amount of
taxes or other revenues allowed for such
capital projects by the annual budget: Pro-
vided, That no bonds or other evidences of
indebtedness, other than bonds to fund or
refund outstanding Indebtedness, shall be
issued in an amount which, together with in-
debtedness of the District to the TreasiU7 of
the United States pursuant to existing law.
shall cause the aggregate of Indebtedness of
the DUtrlct to exceed 12 per centum of the
average assessed value of the taxable real
and tangible personal property of the Dis-
trict subject to taxation by the District as
of the first day of July of the ten most re-
cent fiscal years for which such assessed
values are available, nor shall such bonds or
other evidences of Indebtedness Issued for
purposes other than the construction or ac-
quisition of capital projects connected with
highway, water and sanitary bewage works
pxu-poses or other revenue-producing capital
projects which are determined by the Dis-
trict Council to be self-liquidating exceed
0 per centum of such average assessed value.
Bonds or other evidences of Indebtedness
may be issued by the District pursuant to an
act of the District Council from time to
time in amounts in the aggregate at any
time outstanding not exceeding 2 per
centum of said assessed value, exclusive of
indebtedness owing to the United States
on the effective date of this title. All other
bonds or evidences of Indebtedness, other
than bonds to fund or refund outstanding
indebtedness, shall be issued only with the
assent of a majority of the qualified electors
of said District voting at an election on the
proposition of Issuing such bonds. In de-
termining tne amount of indebtedness within
all of the aforesaid limitations at any time
outstanding there shall be deducted from
the aggregate of such indebtedness the
amount of the then current tax levy for the
payment of the principal of the outstanding
bonded indebtedness of the District and any
other moneys set aside into any sinking fund
and irrevocably dedicated to the payment of
such bonded Indebtedness. The District
Council shall make provision for the pay-
ment of any bonds Issued pursuant to this
title, in the manner provided in section 631
hereof.

Contents of Borrowing Legislation; Referen-
diim on Bond Issue

Sac. 602. (a) An act authorizing the is-
suance of bonds may be enacted by a ma-
jority of the District Council members at any
meeting of the Council subsequent to the
meeting at which such act was introduced,
and shall contain at least the following
provisions :

(1) A brief description of each purpose
for which Indebtedneas Is proposed to be in-
curred;

(2) The maximum amount of the princi-
pal of the indebtedness which may be in-
cxured for each such pxupose;

(3) The maximum rate of interest to be
paid on such indebtedness; and

(4) In the event the District Coimcil is
required by this part, or it is determined by
the Council in Its discretion, to submit the
question of Issuing such bonds to a vote of
the qualified electors of the District, the
date on which such election will be held, the
manner of holding such election, the man-
ner of voting for or against the incurring of
such indebtedness, and the form of ballot
to be used at such election. The ballot shall
be in such form as to permit the electors to
vote separately for or against the incurring of
indebtedness for each of the purposes for
which indebtednsM is proposed to be in-
curred.

(b) The District Council shall cause the
proposition of issuing such bonds to be sub-
mitted by the Board of Klectlons to the qual-
ified electors at the first general election to
be held in the District not less than forty
days after the date of enactment of the act
authorizing such bonds, or u]X>n a vote of
at least two- thirds of the members of the
District Council, the Council may call a
special election for the purpose of voting
upon the Issuance of said bonds, such elec-
tion to be held by the Board of Elections at
any date set by the Council not less than
forty days after the enactment of such act.

(c) The Board of Elections Is authorised
and directed to prescribe the manner of
registration and the polling places and to
name the Judges and clerks of election and
to make such other rules and regulations
for the conduct of such elections as are not
specifically provided by the District Council
as may be necessary or appropriate to carry
out the provisions of this section, includ-
ing provisions for the publication of a no-
tice of such election stating briefly the
proposition or propositions to be voted on
and the designated polling places in the
various precincts and wards In the District,
which said notice shall be published at least
once a week for four consecutive calendar
weeks on any day of the week, the first pub-
lication thereof to be not less than thirty
nor more than forty days prior to the date
fixed by the District Council for the elec-
tion. The Board of Elections shall canvass
the votes cast at such election and certify
the results thereof to the District Council
in the manner prescribed for the canvass
and certification of the results of general
elections. The certification of the result of
the election shall be published once by the
Board of Elections within three days follow-
ing the date of the election.

Publication of Borrowing Legislation

Sbc. 603. The Mayor shall publish any act
authorizing the Issuance of bonds at least
once within five days after the enactment
thereof, together with a notice of the enact-
ment thereof in substantially the following
form:

"hoticx

"The following act authorizing the issu-
ance of bonds published herewith has be-
come effective, and the time within which a
suit, action, or proceeding questioning the
validity of such t>onds can be commenced as
provided in the District of Coliunbla Charter
Act will expire twenty days from the date
of the first publication of this notice (or in
the event the proposition of issuing the
proposed bonds is to be submitted to the
qualified electors, twenty days after the date
of publication of the promulgation of the
results of the election ordered by said act
to be held) .

liCayor."
Short Period of Limitation
Sxc. 604. Upon the expiration of twenty
days from and after the date of puUicatlon

of the notice of the enactment of an act
authorizing the Issuance of bonds without
the submission of the proposition for the
issuance thereof to the qualified electors, or
upon the expiration of twenty days from the
date of publication of the promulgation of
the results of an election upon the proposi-
tion of issuing bonds, as the case may be.
all as provided in section 608 —

( 1 ) Any reclUls or sUtements of fact con-
tained In such act or in the preambles or
the titles thereof or In the results of the
election of any proceedings in connection
with the calling, holding, or conducting of
election upon the issuance of such bonds
■hail be deemed to be true for the purpooe
of determining the validity of the l>onds
thereby authorized, and Che District and all
others interested shall thereafter be estopped
from denying same;

(2) Such act and all proceedings in con-
nection with the authorisation of the is-
suance of such bonds shall be conclusively
presumed to have been duly and regularly
taken, passed, and done by the District and
the Board of Klectlons in full compliance
with the provisions of this Act and of all
laws applicable thereto;

(3) The validity of such act and said pro-
ceedings sliall not thereafter be questioned
by either a party plaintiff or a party de-
fendant, and no court shall have Jurisdic-
tion In any suit, action, or proceeding ques-
tioning the validity of same, except in a
suit, action, or proceeding commenced prior
to the expiration of such twenty days.

Acts for Issuance of Bonds
Sac. 606. After the expiration of the twen-
ty-day limitation period provided for in sec-
tion 604 of this part, the District Council
may by act establish an issue of bonds as
authorized pursuant to the provisions of sec-
tions 601 to 604. inclusive, hereof. An Issue
of bonds is hereby defined to be all or any
part of an aggregate principal amount of
bonds authorized pursuant to said sections,
but no indebtedness shall be deemed to have
been incurred within the meaning of this
Act until the bonds shall have been sold,
delivered, and paid for. and then only to the
extent of the principal amount of bonds so
sold and delivered. The bonds of any au-
thorized Issue may be Issued all at one time,
or from time to time In series and in such
amounts as the DUtrlct Council shall deem
advisable. The act authorizing the Issuance
of any series of bonds shall fix the date of
the bonds of such series, and the bonds of
each such series shall be payable in annual
installments beginning not more than three
years after the date of the bonds and ending
not more than thirty years from such date.
The amount of said series to be payable in
each year to be so fixed that when the an-
nual Interest is added to the principal
amount payable in each year the total
amount payable in each year in which part
of the principal is payable shall be substan-
tially equal. It shall be an immaterial vari-
ance if the difference between the largest and
smallest amounts of principal and Interest
payable annually during the term of the
bonds does not exceed 3 per centum of the
total authorized amount of such serise.
Such act shall also prescribe the form of
the bonds to be Issued thereunder, and of
the Interest coupons appertaining thereto,
and the manner in which said bonds and
coupons shall be executed. The bonds and
coupons may be executed by the facsimile
signatures of the ofllcer or oOotn designated
by the act authorizing the bonds, to sign the
bonds, with the exception that at least one
signatiu-e shall be manual, Such bonds may
be Issued in coupon form in the denomina-
tion of 91, 000, registerable as to principal
only or as to both principal and Interest, and
if registered as to both principal and Interest
may be Issuable In denominations of multi-
ples of $1,000. Such bonds and the interest

CONGRESSIONAL RECORD — SENATE

405

thereon may be payable at such place or
places within or without the District as the
District Council may determine.

PubUc Sale

Sec. 606. (a) All bonds issued under this
part shall be sold at public sale upon sealed
proposals at such price or prices as shall be
approved by the District Council after pub-
lication of a notice of such sale at least once
not less than ten days prior to the date fixed
for sale In a dally newspaper carrying munic-
ipal bond notices and devoted primarily to
financial news or to the subject of State and
municipal bonds published in the city of New
Tork, New York, and in a newspaper of gen-
eral circulation published in the District.
Such notice shall state among other things
that no proposal shall be considered imless
there is deposited virith the District as a
downpasrment a certified check or cashier's
check for an amount equal to at least 2 per
centum of the par amount of bonds bid for,
and the District Council shall reserve the
right to reject any and all bids.

(b) The Treasurer of the United States,
and any administrative ofllcer or agency of
the United States Oovemment, may purchase
bonds issued under this part with funds
under the control of such officer or agency to
the same extent as the Treasurer, officer, or
agency is permitted by law to invest such
moneys in obligations of the United States
Oovemment, and such sale may be nego-
tiated without the necessity of complying
with the provisions of this section, relative
to a public sale of bonds.

Pmrt 2 — Short'term borrowing

Borrowing To Meet Supplemental
Appropriations

S*c. 621. In the absence of unappropriated
available revenues to meet supplemental ap-
propriations made pursuant to section 605,
the District Council may by act authorize
the issuance of negotiable notes, in a total
amount not to exceed 6 per centum of the
total appropriations for the ciurent fiscal
year, each of which shall be designated "sup-
plemental" and may be renewed from time
to time, but all such notes and renewals
thereof shall be paid not later than the close
of the fiscal year following that in which
such act becomes effective.

Borrowing in Anticipation of Revenues
Sac. 622. For any fiscal year, in anticipa- -
tlon of the collection or receipt of revenues
of that fiscal year, the District Council may
by act authorize the borrowing of money by
the execution of negotiable notes of the Dis-
trict, not to exceed in the aggregate at any
time outstanding 20 per centum of the total
anticipated revenue, each of which shall be
designated "Revenue Note for the Fiscal Year
19 Such notes may be renewed from

time to time, but all such notes, together
with the renewals, shall matxire and be paid
not later than the end of the fiscal year for
which the original notes have been issued.

Notes Redeemable Prior to Mattirlty

Sac. 623. No notes issued pxirsuant to this
part shall be made on demand, but any
note may be made subject to redemption
prior to maturity on such notice and at such
time as may be stated in the note.

Sale erf Notes
Sec. 624. All notes Issued pursuant to this
part may be sold at not less than par and
accrued Interest at private sale without pre-
vious advertising.

Part 3 — Payment of bond$ and riotea

Sxc. 631. (a) The act of the District
Council authorizing the Issuance of bonds
pursuant to this title, shall, where neces-
sary, provide for the levy annually of a
special tax without limitation as to rate
or amount upon all the taxable real and per-
sonal tangible property vrlthin the District
in amounts which, together with other rev-

enues of the District in amounts which, to-
gether with other revenues of the District
available and applicable for said purpoees,
will be sufficient to pay the principal of and
interest on said bonds and the premium,
if any, upon the redemption thereof, as the
same respectively become due and payable,
which tax shall be levied and collected at
the same time and in the same manner as
other District taxes are levied and collected,
and when collected shall be set aside for
the pxupose of paying such principal, inter-
est, and premium.

(b) The full faith and credit of the Dis-
trict shall be and is hereby pledged for the
payment of the principal of and the Inter-
est on all bonds and notes of the District
hereafter Issued pursuant to this title
whether or not such pledge be stated in
the bonds or notes or in the act authorizing
the Issuance thereof.

Part 4 — Tax exemption — Legal investment
Tax Exemption

Sxc. 641. Bonds and notes issued by the
District Cotmcil pursuant to this title and
the Interest thereon shall be exempt from
all Federal and District taxation except
estate, inheritance, and gift taxes.

Legal Investment
Sec. 642. Notwithstanding any restriction
on the investment of funds by fiduciaries
contained In any other law, all domestic in-
surance companies, domestic Insurance as-
sociations, executors, administrators, guard-
ians, trustees, and other fiduciaries within
the District of Coliunbla may legally invest
any sinking fimds, moneys, trust funds, or
other funds belonging to them or under or
within their control in any bonds issued
pursuant to this title, it being the purpose
of this section to authorize the Investment
in such bonds or notes of all sinking. In-
surance, retirement, comijensatlon, pension
and trust funds. National banking asso-
ciations are authorized to deal in, under-
write, purchase and sell, for their own ac-
counts or tor the accoimts of ciistomers.
tK>nds and notes issued by the District Coun-
cil to the same extent as national banking
associations are authorized by paragraph
7 ot section 5136 of the Revised Statutes
(tiUe 12, VS.C. sec. 24), to deal in, under-
write, purchase and sell obligations of the
United States, States, or political subdi-
visions thereof. All Federal building and
loan associations and Federal savings and
loan associations; and banks, trust com-
panies, building and loan associations, and
savings and loan associations, domiciled in
the District of Colimibla, may purchase, sell,
underwrite, and deal in, for their own ac-
count or for the account of others, all bonds
or notes Issued pursuant to this title: Pro-
vided. That nothing contained In this section
shall be construed as relieving any person,
firm, association or corporation from any
duty of exercising due and reasoniible care
in selecting securities for purchase or invest-
ment.

rrrLE vn — financial atpaibs of the distbict
Part 1 — Financial <idminiatration
, Surety Bonds

Sec. 701. Each officer and employee of the
District required to do so by the District
Council shall provide a bond with such
surety and in such amount as the District
Council may require. The premiimis for all
such bonds shall be paid out of appropria-
tions for the District.

Financial Duties of the Mayor

Sec. 702. The Mayor, through his dxily
designated subordinates, shall have charge
of the administration of the financial affairs
of the District and to that end he shall —

(1) prepare and submit in the form and
manner prescribed by the District Council
under section 602 the annual budget esti-
mates and budget message;

(2) supervise and be responsible for all
financial transactions to insure adequate
control of revenues and resources and to
instue that appropriations are not exceeded;

(3) maintain systems of accounting and
internal control designed to provide —

(A) full disclosure of the financial results
of the District government's activities,

(B) adequate financial information
needed by the District government for man-
agement purposes.

(C) effective control over and account-
ability for all funds, property, and other
assets: Provided, That as soon as practicable
after the date of enactment of this Act. the
Mayor shall cause the accounts of the Dis-
trict to be maintained on a basis that will
facilitate the preparation of cost-baeed
budgets;

(4) submit to the District Council a
monthly financial statement, by appropria-
tion and department, and in any further
detail the District Council may specify;

(5) prepare, as of the end of each fiscal
year, a complete financial statement and
report;

(6) supervise and be responsible for the
assessment of all property subject to assess-
ment within the corporate limits of the Dis-
trict for taxation, make all special assess-
ments for the District government, prepare
tax maps, and give such notice of taxes and
special assessments as may be required by
law;

(7) supervise and be responsible for the
assessment and collection of all taxes, special
assessments, license fees, and other reve-
nues of the District for the collection of
which the District Is responsible and receive
all money receivable by the District from
the Federal Oovemment, or from any court,
or from any agency of the District;

(8) have custody of all public funds be-
longing to or under the control of the Dis-
trict, or any agency of the District govern-
ment, and deposit all funds coming into liis
hands, in such depositories as may t>e desig-
nated and under such terms and conditions
as may be prescribed by act of the District
Council:

(9) have custody of all Investments and
Invested funds of the District government,
or In possession of such government in a
fiduciary capacity, and have the safekeeping
of all bonds and notes of the District and
the receipt and delivery of District bonds
and notes for transfer, registration, or
exchange.

Control of Appropriations

Sac. 703. The District Council may pro-
vide (1) the transfer during the budget year
of any appropriation balance then available
for one item of appropriation to another
item of appropriation, and (2) the allocation
to new Items of funds appropriated for con-
tingent expenditure.

Accoimting Supervision and Control
Sec. 704. The Mayor, through his duly au-
thorized subordinates, shall —

(1) prescribe the iornas of receipts, vouch-
ers, bills, and claims to be used by all the
agencies of the District government;

(2) examine and approve all contracts, or-
ders, and other documents by which the Dis-
trict government incurs financial obligations,
having previously ascertained that moneys
have been appropriated and allotted and will
l>e available when the obligations shall
become due and payable;

(3) avidlt and approve before payment all
bills, invoices, payrolls, and other evidences
of claims, demands, or charges against the
District government and with the advice at
the legal officials of the District determine
the regularity, legality, ^and correctness of
such claims, demands, or^ chargesr'^and

(4) perform internal audits of central ac-
counting and department and agency records
ot the District government, InclxxUnc the
examination of any accounts or reoords of

I

Iffntinm^i Q

406

CONGRESSIONAL RECORD — SENATE

January f

1961

Hn^ni»ift.i traiuwcUOQ*, giving due consider-
ation to the eflectlvenen of accounting sys-
tems. Internal control, and related admlnis-
tratlve practices of the respecUve agencies.

When Contracts and Expenditures Prohibited
Sic. 705. No officer or agency of the District
shall, during any budget year, expend or con-
tract to expend any money or incur any lia-
bility, or enter into any contract which by
its terms involves the expenditure of money,
for any purpose, in excess of the amounts
appropriated for any item of expenditure.
Any contract, verbal or written made in
violation of this Act shall be null and void.
Any officer or employee of the District who
shall violate this section, upon conviction
thereof, may be summarily removed from
office. Nothing In this section, however, shall
prevent the making of contracts or of expen-
ditures for capital Improvements to be
financed in whole or in part by the Issuance
of bonds, nor the making of contracts of
lease or for services for a period exceeding
the budget year in which such contract is
made, when such contract is permitted by
law.

OexMral Fund
Sao. 706. Tb» general fund of the District
•ball be composed at the revenues of the
District other than the rerenuea applied by
law to special fxinds. All moneys received
by any agency. ofOcer, or employee of the
District in its or his official capacity shall
belong to the District government and shall
be paid promptly to the Mayor, or his duly
authorised subordinates, for deposit in the
appropriate funds.

Contracts Extending Beyond One Year

Brno. 707. No contract Involving expendi-
ture out of the appropriations for more than
one year shall be made for a period of more
than five years; nor shall any such contract
be valid unless made or approved by act of
the District Council.

Part 2 — Avdit by Cfenenl AecoHitting Office

Independent Audit

Sac. 731. (a) The financial transactions
■hall ba audited by the General Accounting
Ofloa in accordance with such principles and
procedures and under such rules and regula-
tions as may be prescribed by the Comp-
troller General of the United States. In the
determination of the auditing procedvires to
be followed and the extent of the examina-
tion of vouchers and other documents, the
Comptroller General shall give due regard to
generally accepted principles of auditing, in-
cluding consideration of the effectiveness of
the accounting organizations and system,
Internal audit and control, and related ad-
ministrative practices. The audit shall be
conducted at the place or places where the
accounts are normally kept. The represent-
atives of the General Accounting Office shall
have access to all books, accounts, financial
records, reports, files, and all other papers,
things, or property belonging to or in use by
the District and necessary to facilitate the
audit, and they shall be afforded full facili-
ties for verifying transactions with the
balances or securities held by depositories,
fiscal agents, and custodians.

(b) (1) The Comptroller General shall sub-
mit such audit reports as he may deem neces-
sary to the Congress, the Mayor, and the
Council. The reports shall set forth the
scope of the audits and shall Include such
comments and information as may be
deemed necessary to keep the Mayor and the
Council informed of the operations to which
the reports relate, together with such recom-
mendations with respect thereto as the
OomptnAer Qeneral may deem advisable.
Tbe reports shall show specifically every
program, expenditure, and other financial
tranaaettans or undertaking which, in the
oplnlOB of tha Ootnptroller General, has been
earrled on or BUMle wltbout anttaority of law.

<2) After the Mayor and his duly author-
iaed subonUnates have had an opporttinlty
to be heard, tha Council ahaU make such
report, together with such other material as
it deems pertinent thereto, available for pub-
lic inspection.

(3) The Mayor, within ninety days after
the report has been made to him and the
CoiumOI. shall state in writing to the Coun-
cil what has been done to comply with the
recommendations made by the Con4>troUar
General in the report.

Amendment of Budget and Accounting Act
Sec. 723. Section 2 of the Budget and
AcJOunUng Act, 1921 (U.S.C., titie 31, sec.
2), is hereby amended by striking out "and
the municipal government of the District of
Columbia".

Part 3 — Adiuatment of Federal and District

expeiuee

Adjustment of Federal and District Expenses
Sac. 791. Subject to section 901 and other
provisions of law, the Mayer, with the advice
and consent of the District Council, and the
Director of the Bureau of the Budget, are
authorized and empowered to enter into an
agreement or agreements concerning the
manner and method by which amounts
owned by the District to the United States
or by the United States to the DUtrict. shall
be ascertained and paid.

TITUC Vm KLFCnONS TN TOM UXSTaiUT

Board of Elections
Sac. 801. (a) Tba members of the Board of
Elections In office on the date of enactment
of this Act shall continue in office for the
remainder of the terms for which they were
appointed. Their successors shall be ap-
pointed without regard to political affilia-
tions, by the Mayor by and with the advice
and consent of the District Council. The
term of each such successor (except in the
case of an appointment to fill an vuiexpired
term) shall be three years from the expira-
tion of the term of his predecessor. Any
person appointed to fill a vacancy shall be
appointed only for the unexpired term of
his predecessor. When a member's term of
office expires, he may continue to serve until
his successor is appointed and has qiiallfled.
Section 3 of the District Primary Act is here-
by modified to the extent that It is incon-
sistent herewith.

(b) In addition to its other duties, the
Board of Elections shall also, for tha pur-
posy of this Act —

(1) nudntaln a permanent registry:

(2) conduct registrations and elections;
(8) in addition to determining appeisls

with respect to matters referred to in sec-
tions 807 and 811. determine appeals with
respect to any other matters which (under
regulations prescribed by it under subsec-
tion (c) ) may be appealed to it;

(4) print, distribute, and count ballots,
or provide and operate suitebla voting
machines;

(6) divide the District into three wards as
nearly equal as possible In population and
of geographic proportions as nearly regxUar
as possible, and establish voting precincts
therein;

(6) operate polling places;

(7) certify nominees and the results of
elections; and

<8) perform such other functions as are
Imposed upon It by this Act.

(c) The Board of Elections may prescribe
such regulations not Inconsistent with the
provisions of this title, as may be necessary
or appropriate for the purposes of this title,
including regulations providing for appeals
to it on questions arising In connection with
nominations, registrations, and elections (In
addition to matters referred to it in sections
807 and 811) and for determination by It of
appeals.

(d) The officers and agencies of the Dis-
trict government shall fiimlsh to the Board

of Elections, upon request of such Board,
such spacs and facilities in public buildings
in the District to be used as registration or
polling places, and such records. Information,
services, personnel, offices, and equipment.
and such other asslstanos and faciHtlas. aa
may be necessary to enable such Board prop-
erly to peifoim ite functions.

(e) In the psrformanoe at Its dntisa. tha
Board of Elections shaU not be subject to
the authority of any nonjudicial ofBcsr of the
District.

(f) Tha Board of Elections, and persons
anthortaed by it. may administer oaths to
persons executing affldavltt pxirsuant to sec-
tions 801 and 807. It may provide for tba
administering of such other oaths as It con-
siders appropriate to require In the per-
formance of ite functions.

(g) The Board of Elections is anthariaed to
employ such permanent and temporary per-
sonnel as may be necessary. The appoint-
ment, compensation, and other tarma at
employment may be set by the Board of Elec-
tions without regard to the provlslona at sec-
tion 402 of this Act.

(h) Bach member at the Board of Bao-
tlons shaU be paid at the rate of •1.600 per
annum in periodic instadlmente.

What Elections Shall Be Held

Sic. 802. (a) The Board of Elections shaU
conduct a general election —

(1) in any even-numbered calendar year
commencing with 1062; and

(2) in any odd -numbered calendar year
commencing with 1963, if an act authorlzlnf
the issuance of bonds required by section 002
to be submitted for a referendum at an elec-
tion Is enacted at least forty days prior to
the date for conducting the election in such
year.

(b) Such general elections shall be bald
on the fourth Tuesday before the Tuesday
in November prescribed hereafter for runoC
elections.

(0) Any runoff elections required to be
held pursuant to section 806 shall be held on
the first Tuesday after ths fkrst Monday la
November.

Elective Offices; Temis of Offioa

See. 803. (a) Tlie offices of the District to
be filled by election shall be the elective
offices on the District Council, the Mayor and
the District Delegate.

(b) The term of an elective office on ths
District Council shall be two years beginning
on January 1 of the odd-numb«rsd year (ol-
lowing such election.

(c) The term of odloe of the Mayor sbaE
bs four years, beginning on January 1 of ths
odd-numbered year next following his slee«
tion.

(d) The term at office of the District Dale
gate shall be two years beginning at noon oa
January 3 of the odd-n\imbered year follow-
ing such election.

Vacancies

Sec. 804. (a) Vacancies In the office of
Mayor or in the District Council shall be
filled at the next general election held pur-
suant to section 802 for which it is possibla
for candidates to be nominated following tha
oociirrenoe of the vacancy. A person elected
to fill a vacancy shall take office as soon as
practicable following the certification of his
election by the Board of Elections and shall
hold office for the duration of the unexpired
term to which he was elected but not beyond
the end of such term.

(b) If the office of Delegate becomes va-
cant at a time when the unexpired term of
such office Is six months or nxire. a spsstsi
election and. if neoeasary. a runofl eleetlen
sliall be held, at such time and in such man-
ner (comparable to that prsacribad for 0sn-
eral elections) as the Board of Electlona ahaU
prescribe.

(0) Until a Tacancy in the oAoe ot Mayor
or In the District OouncU can bs flUad In tha

CONGRESSIONAL RECORD — SENATE

407

manner prescribed in subsection (a) hereof,
a vacancy in the office of Mayor shall be filled
by appointment by the District Council; and
a vacancy In the District Council shall be
filled by appointment by the Mayor. No
person shall be qualified for appointment to
any office under this subsection unless, if
nominated, he would have been a qualified
candidate for such office at the last election
conducted prior to or on the date the va-
cancy occiured. A person appointed to fill a
vacancy under this subsection shall hold of-
fice until the time provided for an elected
successor to take office, but not beyond the
end of the term during which the vacancy
occurred.

What Candidates Are Elected

Sec. 806. At any general election, a candi-
date for Delegate or a candidate for Mayor
who receives a majority of the votes validly
cast for such office shall be elected. At any
general election, each of the three candi-
dates In each ward for positions on the Dis-
trict Council receiving the highest number
of valid votes, shall be elected If he receives
more than one-sixth of the total number of
votes validly cast In the District for all can-
didates in his ward for the (>OBitlon for which
he is a candidate. In case any office Is un-
filled because of failiu-e of any candidate to
receive in any general election the necessary
proportion of votes validly cast, there shall
be a runoff election to fill such office. In
such ninoff election the candidates shall be
the persons who were the unsuccessful candi-
dates for the imfllled offices in the general
election, and who received the highest num-
ber of valid votes In that election, to the
ntunber of twice the offices to be filled. The
candidate or candidates receiving the highest
number of votes validly cast in the runoff
election shall be elected. In any election
in which there are two or more similar posi-
tions to be filled in any ward, a vote for any
candidate for such a position in that ward
will be valid only if the ballot records votes
for as many candidates for such positions in
that ward as there are positions to be filled.
Recall

Sac. 805a. (a) Any elective officer of the
District of Columbia shall be subject to re-
call by the qualified electors of the District.
Any petition filed demanding the recall by
the qualified electors of the District of any
such elective officer shall be signed by not
less than 25 per centum of the number of
qualified electors of the District voting at
the last preceding general election. Such i>e-
titlon shall set forth the reasons for the de-
mand and shall be filed with the Secretary
of the District Council. If any such officer
with resptect to whom such a petition is filed
shall offer his resignation. It shall be accepted
and take effect on the day it Is offered, and
the vacancy shall be filled as provided by law
for filling a vacancy In that office arising
from any other cause. If he shall not resign
within five days after the petition is filed, a
special election shall be called by the Coun-
cil to be held within twenty days thereafter
to determine whether the qualified electors
of the EMstrict will recall such officer.

(b) There shall be printed on the ballot
at such election. In not more than two hun-
dred words, the reason or reasons for de-
manding the recall of any such officer, and.
In not more than two hundred words, the
officer's Justiflcatlon or answer to such de-
mands. Any officer with respect to whom a
petition demanding his recall has been filed
shall continue to perform the duties of his
office until the result of such special election
Is officially declared by the Board of Elec-
tions. No petition demanding the recall of
any officer filed pursuant to this section shall
be circulated against any officer of the Dis-
trict until he has held his office six months.

(c) If a majority of the qualified electors
voting on any petition filed ptirsuant to this
section vote to recall any officer, his recall

shall be effective on the day on which the
Board of Elections certifies the resulte of the
special election, and the vacancy created
thereby shall be filled Immediately in a man-
ner provided by law for filling a vacancy in
that office arising from any other cause.

(d) The Board of Elections shall prescrilw
such regiUations as may be necessary or ap-
propriate ( 1 ) with respect to the form. fiUng,
examination, acsndment, and certification
of a petition for recall filed pvu-suant to this
section, and (2) with respect to the conduct
of any special election held pursuant to this
section.

Qualified Electors

Sec. 806. No person shall vote In an elec-
tion unless he meete the qualifications of an
elector specified In this section and has reg-
istered pursuant to section 807 of this Act
or section 7 of the District Primary Act. A
qualified elector of the District shall be any
person (1) who has malnteined a domicile
or place of alxxle in the District continu-
ously ditflng the one-year period ending on
the day of the election, (2) who is a citizen
of the United States, (3) who is on the day
of the election at least twenty-one years old,
(4) who has never been convicted of a fel-
ony in the United Stetes, or, if he has been
so convicted, has been pardoned, (6) who is
not mentally incompetent, as adjudged by a
court of competent Jurisdiction, and (6) who
certifies that he has not, within one year
immediately preceding the election, voted in
any election at which candidates for any
municipal offices (other than in the District
of Columbia) were on the ballot.

Registration

Sxc. 807. (a) No person shall be registered
unless —

(1) he shall be able to qualify otherwise
as an elector on the day of the next election;
and

(2) he executes, in the presence of an em-
ployee of the Board of Elections authorised
to teke oaths for such purposes a registra-
tion affidavit on a form prescribed by the
Board of Elections showing that he will meet
on the day of the election all the require-
ments of section 806 of this Act.

(b) If a person is not |>ermitted to register,
such person, or any qualified candidate, may
appeal to the Board of Elections, but not
later than three days after the registry Is
closed for the next election. The Board shall
decide within seven days after the appeal is
perfected whether the challenged elector is
enUtied to register. If the appeal is denied
the appellant may. within three days after
such denial, appeal to the Municipal Court
for the District of Columbia. The court
shall decide the issue not later than eighteen
days before the day of the election. The
decision of such court shall be final and not
i^pealable. If the appeal is upheld by either
the Board or the court, the challenged elec-
tor shall l>e allowed to register Immediately.
If the appeal Is pending an election day, the
challenged elector may cast a ballot marked
"challenged", as provided In section 811.

(c) For the purposes of this Act, the
Board of Elections shall keep open, during
normal hours of business, Saturdays. Sun-
days, and holidays excepted, a central regis-
try office and shall conduct registration at
such other times and places as the Board of
Elections shall deem appropriate. The Board
of Elections may suspend the registration of
voters, or the acceptance of changes In regis-
trations for such period, not exceeding thirty
days, next preceding any election as it may
deem necessary and appropriate.

Qualified Candidates

Sac. 808. The candidates at an election in
the District shall be the persons, registered
under section 807 of this Act or under section
7 of the District Prinuuy Act, who have been
nominated as provided in section 809 of this
Act : Provided, Tb&t no member of the Board
of Elections may be such a candidate.

Nominations

Sac. 800. (a) Nomination of a candidate
shall tfJce place when the Board of Elections
receives a petition in accordance with rules,
not inconsistent with this Act, prescribed by
the Board either — ""

(1) a declaration of candidacy accom-
panied by a filing fee equal to 6 per centtim
of the annual compensation for which nom-
ination is soxight; and said fee to be re-
funded—

(A) if the candidate withdraws his can-
didacy in writing received by the Board not
more than three days after the last day on
which nominations may be made; or

(B) if the candidate polls 10 per centtmi
or more of the totel vote cast for that office;
or

(2) a nominating petition signed by the
number of registered voters specified below,
without payment of a filing fee: Provided —

(A) that any petition for a candidate for
the office of District Delegate or Mayor be
signed by six hundred qualified electors
registered in the District, and

(B) that any petition for a candidate for
the District Council be signed by three
huiKlred qualified electors registered in the
ward from which he is nominated for such
office.

(b) No person may be a candidate for mcwe
than one office in any election. If a person
Is nonUnated for more than one office, he
shall, within tliree days after the last day
on which nominations may be made (as pre-
scribed by the Board of Elections) , notify the
Board of Elections for which such office he
electe to run.

(c) The Board of Elections is authorised to
accept any nominating j>etltlon as bona
fide with respect to the qualifications of the
signatories thereto: Provided, That the orig-
inals or facsimile copies thereof shall have
been posted in a sulteble public place for at
least ten days: And provided further, That
no challenge as to the qualifications of the
signatories shall have been received in writ-
ing by the Board of Elections within ten dajrs
of first posting of such petition.

(d) The Board of Elections may. at Its
discretion, declare elected, without an actual
count of the votes cast, any unopposed
candidate.

Nonpartisan Elections

Sxc. 810. (a) Ballote and voting machines
shall show no party affiliations, emblem, or
slogan.

(b) Section 16 erf the Act entitled "An Act
to prevent pernicious political activities",
approved August 2, 1939 (53 Stat. 1147). is
amended by inserting immediately after "ex-
Iste in" the foilovring: "the District of Co-
lumbia or".

Method of Voting

BBC. 811. (a) Voting in all elections shall
be secret. Voting may be by paper ballot
or voting machine.

(b) The ballot shall show the wards from
which each candidate (other than for Dis-
trict Delegate and Mayor) has been nomi-
nated. Each voter shall be entltied to vote
for nine candidates for the District Council,
not more than three from each ward; for one
candidate for Mayor and for one candidate
for District Delegate. No person shall be a
candidate from more than one ward.

(c) The ballot of a person who ts regis-
tered as a resident of the District shall be
valid only if cast in the voting precinct where
the residence shown on his registration Is
located.

(d) Absentee balloting shall be permitted
under regulations adopted by the Board of
Elections.

(e) At least ten days prior to the date of
any referendum or other election, any group
of citizens or individual candidates inter-
ested in the outcome of the election may
petition the Board of Elections for creden-
tials authorising watchers at any and aU

m

^-v>iL.Trf^-n x?c c rr\KJ AT U "C/'^/^D "Pk

ci;KrATi7

Jtinii/i.irn Q

1961

CONOR F..<s.<;TmM A T B vmn r% qpm a 'to

1

408

CONGRESSIONAL RECORD — SENATE

January 9

1961

CONGRESSIONAL RECORD — SENATE

409

polling places during the voting boun and
until the count haa been completed. The
Board of ElecUone aball formulate rules mnd
regulations, not Inconalstent with proTl-
slons of this title, to prescribe the form of
watchers' credentials, to govern their con-
duct, and to limit the number of watchers
so that the conduct of the election will not
be unrsMonably obstnusted.

(f ) If the ofBclal In charge of the poUlnc
place, after hearing both parties to any chal-
lenge or ftrt'"g on his own with respect to
m pRspectlTe voter, reasonably believes the
prospective voter la unqualified to vote, he
shall allow the voter to cast a paper ballot
marked "challenged". Ballots so cast shall
be segregated, and no such ballot shall be
coxinted until the challenge has been re-
moved as provided in subsection (g).

(g) If a person has been permitted to vote
only by challenged ballot, such person, or
any qualified candidate, may appeal to the
Board of saectlons within three days after
election day. The Board shall decide within
seven days after the appeal Is perfected
Whether the 7oter was qualified to vote. If
the Board decides that the voter was quali-
fied to vote, the word "challenged" shall be
stricken from the voter's ballot and the bal-
lot shall be treated as If It had not been
challenged.

(h) If a voter is physically unable to mark
his ballot or to operate the voting machine,
the official in charge of the voting place may
enter the voting booth with him and vote
as directed. XTpon the request of any such
voter, a second election official may enter
the voting booth to assist in the voting.
The ofBclals shall tell no one what votes were
cast. The official in charge of the voting
place shall make a return of all such voters,
giving their names and disabilities.

(1) A voter shall vote only once with re-
spect to each office to be filled.

(j) Copies of the regulations of the Board
of Elections with respect to voting shall be
made available to prospective voters at each
polling place.

(k) Before being allowed to vote the voter
shall sign a certificate, on a form to be pre-
scribed by the Board of Elections, that he
has duly registered under the election laws
of the District and that, to his best knowl-
edge and belief, he has not since such regis-
tration done any act which might disqualify
htm as an elector.

Recounts and Contests
Skc. 813. (a) The provisions of section 11
of the District Primary Act with respect to
recounts and contests shall be applicable to
any election or referendum held uuder this
Act, except that In the case of any Initiative,
referendum, or recall election any qualified
voter who has voted in any such election may
petition the Board of Elections for a recount
of the votes cast In one or more precincts
\inder the same conditions reqxiired of a can-
didate for office imder section 11(a) of the
District Primary Act.

(b) If the court voids all or part of an
election \mder this section, and if it deto--
mlnes that the number and importance of
the matters involved outweigh the coet and
practical disadvantages of holding another
election, it may order a special election for
the purpoee of voting on the matters with
respect to which the election was declared
void.

(c) Special elections shall be conducted in
• manner comparable to that prescribed for
regular elections and at times and in the
manner prescribed by the Board <rf Elections
by regulation. A person elected at such an
election shall take office on the day follow-
ing the date on which the Board of Elec-
tions certifies the results of the election.

(d) Vacancies resulting from voiding all or
part of an election shall be filled as pre-
scribed In section 804.

Interference With Registration or Voting
8zc. 818. (a) No one shall interfere with
the registration of voting of another pcreon.
except as it may be reasonably necessary In
the performance of a duty Imposed by law.
No person performing such a duty shall in-
terfere with the registration or voting of an-
other person because of his race, color, sex, or
religious belief, or his want of property or
income.

(b) No registered voter shall be required to
perform a military duty on election day
which would prevent him from voting, except
In time of war or public danger or unless he
is away from the District In military service.
No registered voter may be arrested while
voting or going to vote except for a breach of
the peace then committed or for treason or
felony.

Violations

Sec. 814. Whoever willfully violates any
provision of this title, or of any regulation
prescribed and published by the Board of
Elections under authority of this title, shall
be guilty of a misdemeanor, and upon con-
viction thereof shall be fined not more than
$500 or imprisoned for not more than six
months, or both.

TTTLX IX — MISCXLLANSOUS

Agreements With United States

Sxc. 901. (a) For the pxirpose of preventing
duplication of effort or of otherwise promot-
ing efficiency and economy, any Federal offi-
cer or agency may furnish services to the
District government and any District officer
or agency may furnish services to the Fed-
eral Oovemment. Except where the terms
and conditions governing the furnishing of
such services are prescribed by other pro-
visions of law. such services shall be ftur-
nlshed pursuant to a contract (1) negotiated
by the Federal and District authorities con-
cerned, and (2) approved by the Director of
the Bureau of the Budget and by the Mayor,
by and with the advice and consent of the
District Council. Each such contract shall
provide that the coet of furnishing such
services shall be borne in the manner pro-
vided in subsection (c) by the Government
to which such services are furnished at
rates at charges based on the actual cost of
furnishing such services.

(b) For the piirpose of carrying out any
contract negotiated and approved pursuant
to subsection (a), any District ofllcer or
agency may in the contract delegate any of
his or its function to any Federal officer or
agency, and any Federal officer or agency
may in the contract delegate any of his or its
functions to any District officer or agency.
Any function so delegated may be exercised in
accordance with the temu of the delegation.

(c) The costs to each Federal officer and
agency In furnishing services to the District
pursuant to any such contract shall be paid.
In accordance with the terms of the contract,
out of appropriations made by the District
Ooimcil to the District officers and agencies
to which such services are furnished. The
costs to each District officer and agency In
furnishing services to the Federal Oovem-
ment pursuant to any such contract shall be
paid. In •coordanoe with the terms of the
contract, out of appropriations made by the
Congress to the Federal officers and agencies
to which such services are furnished.

Personal Interest in Contracts or
Transactions
Sxc. 903. No member of the District Cotm-
cil and no other officer or employee of the
District with power of discretion In the
making of any contract to which the District
is a party or in the sale to the District or to
a contractor supplying the District of any
land or rights or Interests In any land, mate-
rial, supplies, or servlcce shall have a finan-
cial Interest, direct or indirect, in such con-
tract or sale. Any willful violation of this
section shall constitute "'«if*qfHnf*e la "fflri*.

and any officer or employee of the District
found guilty thereof shall thereby forfeit
his office or position. Any violation of this
section with the knowledge express or im-
plied of the person contracting with the Dis-
trict shall render the contract voidable by
the Mayor or the District Council.
Compensation Ftom More Than One Source

Sic. 908. (a) Except as provided In this
Act. no person shall be Ineligible to serve or
to receive compensation as a member of the
District Council or the Board of Elections
because he occupies another office or posi-
tion or because he receives compensation (in-
cluding retirement compensation) from an-
other source.

(b) The right to another office or position
or to compensation from another source
otherwise secured to such a person under the
laws of the United States shall not be
abridged by the fact of his service or receipt
of compensation as a member of the District
Council or such Board. If such service does
not interfere with the discharge of his duUes
in such other office or position.

(0) For the ptirpose of sections 381, an.
284. 484, and 1914 of Utle 18 of the United
States Code and section 190 of the Revised
Statutes (6 U.S.C. 99), no person shall, by
reason of membership on the District Coun-
cil, or the Board of Elections or by resacm
of his serving In any position in or undsr
the government of the XMstrlct of Columbia,
be considered to be an officer or employee of
the United BUtes.

Assistance of United States Civil Service
Commission in Development of District
Merit System

Sbc. 904. The United SUtes Civil Service
Ooounlsslon is hereby authorised to advise
and assist the Mayor and the District Coun-
cil in the further development of the merit
system required by section 403(8) and th«
said Commission is authorised to enter Into
agreements with the District at Columbia
government to make available Its registers of
ellglbles as a recruiting source to fill District
positions as needed. Ths costs of any spe-
clflc services furnished by the Civil Service
Commission may be compensated for under
the provisions of section 901 of this Act.

TXTLX X — succxasioM nt oovatMKSirr
Transfer of Personnel. Property, and Funds
Gtac. 1001. (a) In eaeh cms of the trmnsfsr,
by any provision of this Act, at functions to
the Council or to any agency or officer, there
are hereby transferred (as of the time of such
transfer of functions) to the Council or to
such agency or to the agency of which such
officer Is the bead, tor use in the adminis-
tration of the functions of the Council or
such agency or officer, the personnel (cxoept
the members of boards or commissions abol-
ished by this Act) , property, records, and un-
expended balances of appropriations and
other funds, which relate primarily to the
functions so transferred.

(b) If any question arises in connection
with the carrying out of subsection (a) , such
question shall be decided —

(1) in the case of functions transferred
from a Federal officer or agency, by the Di-
rector of the Bureau of the Budget: and

(3) In the case of other functions (A) by
the District Council, or in such manner as
the District Council shall provide. If such
functions are transferred to the District
Council, and (B) by the Mayor if such func-
tions are transferred to any other ofllcer or
agency. ,

(c) Any of the personnel transferred to
the Council or any agency by this section
which the Council or the head of such agency
shall find to be in excess of the personnel
necessary for the administration of its or
his functions shall, in accordance with law,
be retransferred to other poaltlans In the
District or Federal Oovemment or be
rated from the service.

(d) Wo officer or employee shall, by reason
of his transfer by this Act. be deprived of a
civil-service status held by him prior to such
transfer.

Existing Statutes, Regulations, and so Forth
Sxc. 1003. (a) Any statute, regulation, or
other action in respect of (and any regula-
tion or other action Issued, made, taken, or
granted by) any officer or agency from which
any function Is transferred by this Act shall,
except to the extent modified or made in-
applicable by or iinder authority of law.
continue in effect as If such transfer had
not been made; but after such transfer refer-
ences in such statute, regulation, or other
action to an officer or agency from which
a transfer is made by this Act shall be held
and considered to refer to the officer or
agency to which the transfer is made.

(b) As used In subsection (a), the term
"other action" Includes any rule, order, con-
tract, policy, determination, directive, grant,
authorisation, permit, requirement, or deslg.
nation.

(c) Unless otherwise specifically provided,
nothing contained in this Act shall be con-
strued as affecting the applicability to the
District of Columbia government of person-
nel legislation relating to the District gov-
ernment until such time as the District
Council may otherwise elect to provide simi-
lar and c(MnparabIe coverage as provided in
section 402(4).

Pending Actions and Proceedings

Bmc 1003. (a) No suit, action, or other
Judicial proceeding lawfully commenced by
or against any officer or agency in his or Its
official capacity or in relation to the exercise
of his or Its official functions, shall abate by
reason of the taking effect of any provision
of this Act, but the court, unless it deter-
mines that the survival of such suit, action,
or other proceeding Is not necessary for pur-
poses of settlement of the questions involved,
shall allow the same to be maintained, with
such substitutions as to parties as are ap-
propriate.

(b) No administrative action or proceeding
lawfully commenced shall abate solely by
reason of the taking effect of any provision
of this Act, but such action or proceeding
shall be continued with such substitutions
as to parties and officers or agencies as are
ai^iroprlate.

Vacancies Resulting From Abolition of Board
ot Commissioners
Sao. 1004. Until July 1, 1963, no vacancy
occiUTing in any District agency by reason
of section 321, abolishing the Board of Com-
missioners, shall affect the power of the re-
maining members of such agency to exercise
its functions, but such agency may take ac-
tion only if a majority of the members hold-
ing ofllce vote in favor of It.

TRU ZI — BXPAtABIUTT OT PSOVIBION8

Separability of Provisions
Sec. 1101. If any provision of this Act or
the application thereof to any person or cir-
cumstance is held Invalid, the remainder of
the Act and the application of such provi-
sion to other p>ersons or circumstances shall
not be affected thereby.

TtTLM Zn — TUCPOBAaT FBOVISIOK8

Powers of the President During Transition
Period

Sec. laoi. The President of the United
States Is hereby authorEsed and requested to
take such action during the period following
the date of the enactment of this Act and
ending on the date of the first meeting of
this District Council, by Executive Order or
otherwise, with respect to the administration
of the functions of the District at Oblumbla
government, as he deems necessary to enable
the Board of Elections property to pvform
their functloos tmdv thla Act.

Reimbursable Appropriations for the District
Sec. 1302. (a) The sum of 8500,000 Is here-
by authorized to be appropriated for the
District of Columbia, out of any money in
the Treasury not otherwise appropriated, for
use (1) in paying the expenses of the Board
of Elections (Including compensation of the
members thereof), and (2) in otherwise car-
rying into effect the provisions of this Act.
(b) The full amount of expenditures out
of the appropriations made xinder this au-
thorization shall be reimbursed to the United
States, without Interest, during the fiscal
year ending June 30, 1964, from the general
fund of the District of Colimibia.

TTTLX xin — mrmvz dates

Effective Dates

Sec. 1301. (a) As. used in this title and
title XIV the term "charter" means titles I to
XI, both inclusive, and titles XV, XVI. and
XVII.

(b) The charter shall take effect only if
accepted pursuant to title XIV. If the char-
ter Is so accepted. It shall take effect on the
day following the date on which it Is ac-
cepted (as determined pursuant to section
1406) except that —

(1) part 2 of title m. title V, and title VH
shall take effect on the day upon which the
council members first elected take office, and

(2) section 402 shall take effect on the
day upon which the Mayor first elected takes

' office.

(c) Titles xn, Xm. and XIV shall take
effect on the day following the date on which
this Act Is enacted.

TFTLE XIV — StTBMISSION OF CHASTER FOR

RxncxNonic
Charter Ref erendiun

Sbc. 1401. (a) On a date to be fixed by the
Board of Elections, not more than nine
months after the enactment of this Act, a
referendum (in this title referred to as the
"charter referendum") shall be conducted
to determine whether the registered quali-
fied electors of the District of Columbia ac-
cept the charter.

(b) As used In this title, a "qualified elec-
tor" means a person who meets the require-
ments of section 806 on the day ci the char-
ter rtf erendum.

Board of Elections

Sbc. 1402. (a) In addition to its other
duties, the Board of Elections established
under the District Primary Act shall conduct
the charter referendum and certify the re-
sults thereof as provided in this title.

(b) Notwithstanding the fact that such
section does not otherwise take effect unless
the charter Is accepted under this title, the
applicable provisions of section 801 of this
Act shall govern the Board of Elections in the
performance of Its duties.

Registration

Sec. 1403. (a) The Board of Elections shall
conduct within the District ai Columbia a
registration of the qualified electors com-
mencing as soon as practicable after the en-
actment of this Act and ending not more
than thirty days nor less than fifteen days
prior to the date set for the charter refer-
endum as provided in section 1401 of this
titde.

(b) Prior to the commencement of such
registration, the Board of Elections shall
publish, in dally newspapers of general cir-
culation published in the District of Colum-
bia, a list of the registration places and the
dates and hotirs of registration.

(c) The applicable provisions of section
807, notwithstanding the fact that such sec-
tion does not otherwise take effect unless
the charter is accepted. shaU govern the reg-
istration of voters lor this charter refer-
endum.

Charter Referendvun Ballot; Notice of VoUng

Sbc. 1404. (a) The charter referendum bal-
lot shall contain the following, with the
blank space appropriately filled:

"The District of Columbia Charter Act.

enacted , proposes to establish a

new charter for the District of Columbia, but
provides that the charter shall take effect
only if it is accepted by the registered quali-
fied electors of the District in this referen-
dum.

"By marking a cross (x) In one of the
squeu-es provided below, show whether you
are for or against the charter.

G For the charter

n Against the charter"

(b) Voting may be by paper ballot or by
voting machine. The Board of Elections may
make such changes in the second paragraph
of the charter referendum ballot as it de-
termines to be necessary to permit the use
of voting machines if such machines are
used.

(c) Not less than three days before the
date of charter referendum, the Board of
Elections shall mall to each person registered
( 1 ) a sample of the charter referendum bal-
lot, and (2) Information showing the polling
place of such person and the date and hours
of voting.

(d) Not less than one day before the
charter referendum, the Board of Elections
shall publish, in newspapers of general circu-
lation published in the District of Columbia,
a list of the polling places and the date and
hoiirs of voting.

Method of Voting
Sec. 1405. Notwithstanding the fact such
sections do not otherwise take effect unless
the charter is accepted imder this title, the
applicable provisions of sections 811, 812, 813,
and 814 of this Act shall govern the method
of voting, recounts and contests, interference
with registration or voting, and violations
connected with this charter referendum.

Acceptance or Nonacceptance of Charter
Sec. 1406. (a) If a majority of the regis-
tered qualified electors voting In the charter
referendum vote for the charter, the charter
shall be considered accepted as of the time
the Board of Elections certifies the result of
the charter referendum to the President of
of the United States, as provided in sub-
section (b) .

(b) The Board of Sections shall, within a
reasonable time, but in no event more than
thirty da3rs after the date of the charter
referendum, certify the result of the charter
referendimi to the President of the United
States and to the Secretary of the Senate and
the Clerk of the House of Representatives.

TITIX XV — PTT.TOTB

District Delegate

Sec. 1601. (a) Until a contltutional
amendment and subsequent congressional
action otherwise provide, the people of the
District shall be repreeented in the Hoiise of
Representatives of the United States by a
Delegate, to be known as the "Delegate from
the District of Columbia", who shall be
elected as provided in this Act. The Delegate
shall have a seat In the House of Represent-
atives, with the right of debate, but not of
voting. The Delegate shall be a member of
the House Committee on the District of
Columbia and shall possess In such commit-
tee the same powers and privileges as In the
House of Representatives, and may make any
motion except to reconsider. His term of
office shall be for two years.

(b) No person shall hold the office of
District Delegate unless he ( 1 ) Is a qualified
elector. (3) Is at least twenty-five years old.
(8) holds no other public office, and (4) is
domiciled and resides in the District and
during the three years next preceding his
nomination (a) has been resident In and
domiciled In the District and (b) has not
voted In any election (other than In the

ilA

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Janiuiry 9

1961

CONGRESSIONAL RECORD — SENATE

411

4ii

CONGRESSIONAL RECORD — SENATE

January 9

m§

m§

District) t<x any candidate for public office.
He staall forfeit his ofHce upon falliure to
TY^0tT»»«t« the qualiflcatlona required by thla
subsection.

(c)(1) Subeection (a) of section 601 of
the Legislative Reorganization Act of 1946,
as amended, is hereby amended by striking
out "from the Territories".

(2) Clause (b) of section 1 of the Civil
Service Retirement Act of May 29. 1930. as
amended (70 Statt. 743). is hereby amended
by strUclng out "from a Territory".

(3) The second paragraph under the head-
ing "House of Representatives" in the Act of
July 16, 1914 (U.8.C., title 2. sec. 37). is
hereby amended by striking out "from Ter-
ritories".

(4) Paragraph (i) of section 302 of the
Federal Corrupt Practices Act, 1925. aa
amended (U.S.C., title 2. sec. 241), is hereby
amended by inserting after "United States"
the following: "and the District of Co-
lumbia".

(6) Section 591 of title 18. United States
Code, is hereby amended by inserting "and
the District of Columbia" before the period
at the end thereof. Section 594 of such title
Is hereby amended by Inserting after "Terri-
tories and possessions" the following: "or
the District of Colxunbia". The first para-
graph of section 596 of such title is hereby
amended by inserting after "from any Terri-
tory or possession" the following: "or the
DUtrict of Columbia".

TTTLX XVl ^RXmtENDVM

Power of Referendum

Sec. 1601. (a) The qualified electors (as de-
fined in section 806) shall have power, pvu:-
suant to the procedure provided by this title, ,
to approve or reject in a referendum any act
of the District Council, or part or parts
thereof, which has become law, whether or
not such act is yet operative. This power
shall not extend, however, to acts author-
izing the issuance of bonds, which shall be
subject to the referendum provisions con-
tained In section 602, or to acts continuing
existing taxes or making appropriations
which in the aggregate are not in excess of
those for the preceding fiscal year. Within
fcn-ty-five days after an act subject to this
title has been enacted, a petition signed by
qualified electors equal In number to at
least ten per centum of the number who
voted at the last preceding general election
may be filed with the Secretary of the Dis-
trict Council requesting that any such act
or any part or parts thereof, be submitted
to a vote of the qualified electors.

(b) The Board of Elections shall prescribe
such regulations as may be necessary or ap-
propriate with respect to the form, filing,
examination, amendment, and certification
of petitions for referenda and with respect
to the conduct of any referendum held under
this tlUe.

Effect of Certification of Referendum
Petition

Sec. 1602. (a) When a referendum petition
has been certified as sufllcient, the act, or
the one or more items, sections or parts
thereof, specified in the petition shall not be-
come operative, or further action shall be
suspended If It shall have become operative,
until and unless approved by the electors, as
provided in this title. The filing of a refer-
endum petition against one or more parts of
an act shall not alter the operative effect of
the remainder of such act.

(b) If within thirty days after the filing
of a referendum petition, the Secretary has
not specified the particulars in which a pe-
tition is defective, the petition shall be
deemed sufficient for the purposes of this
Utle.

Submission to Electors

Sac. 1603. An act with respect to which
a petition for a referendum has been filed
and certified as sufficient shall be submitted

to the qualified electors at a referendum to
be held in coimection with the first general
election which occ\irs not less than thirty
days nor more than one year from the date
on which the Secretary files his certificate
of the sufficiency of the petition. The Dis-
trict Council shall, if no general election is
to be held within such period, provide for a
special election for the purpose of conducting
the referendum.
Availability of List of Qualified Electors
8«c. 1604. If any organization or group re-
quests it for the purpose of circulating de-
scriptive matter relating to the act to be
voted on at a referendum, the Board of Elec-
tions shall either permit such organization
or group to copy the names and addresses of
the qualified electors or f^irnlsh it with a list
thereof, at a charge to be determined by the
Boiu-d of Elections, not exceeding the actual
cost of reproducing such list.

Results of Referendum
Sec. 1606. An act which Is submitted to a
referendum which Is not approved by a
majority of the qualified electord voting
thereon shall thereupon be deemed repealed.
If a majority of the qualified electors voting
thereon approved the act. It shall become
operative on the day following the day on
which the Board of Elections certifies the
results of the referendum. If conflicting
acts are approved by the electors at the same
referendum, the one receiving the greatest
number of affirmative votes shall prevail to
the extent of such conflict. As used in this
section, the word "act" shall mean the com-
plete act, or any part or parts thereof, speci-
fied in the petition for referendum.

TITLK XVn INTTIATIVK

S«c. 1701. (a) Subject to the provisions of
section 324 of this Act, the qualified electors
of the District shall have the power, Inde-
p>endent of the Mayor and Council, to propose
and enact legislation relating to the District
with respect to all rightful subjecte of legis-
lation not inconsistent with the Constitution
or with the laws of the United States which
are applicable but not confined to the Dis-
trict.

(b) In exercising the power of initiative
conferred upon the qualified electors by sub-
section (a) of this section, not more than
10 per centum of the number of qualified
electors voting in the last preceding general
election shall be required to propose any
measure by an Initiative petition. Every such
petition shall include the full text of the
measure so proposed and shall be filed with
the Secretary of the District Council to be
submitted to a vote of the qualified electors.
Any such petition which has been filed with
the Secretary, and certified by him as suffi-
cient, shall be submitted to the qualified
electors of the District at the first general
election which occurs not less than thirty
days nor more than one year from the date on
which the Secretary files his certificate of
sufficiency. The Council shall. If no general
election is to be held within such period,
provide for a special election for the purpose
of considering the petition. Any measure so
proposed by the petition shall. If approved
by a majority of the qualified electors voting
thereon in such election, take effect and be-
come law on the day following the day on
which the Board of Elections certifies the re-
sults of such election or on the date provided
for by such measure. If conflicting measures
proposed are approved by the electors at the
same election, the measure receiving the
greatest niimber of affirmative votes shall
prevail to the extent of such conflict.

(c) If, within thirty days after the filing
of a petition, the Secretary has not specified
the particulars in which a petition is defec-
tive, the petition shall be deemed certlfled
as sufficient for purposes of this section.

(d) The style of all measures proposed by
initiative petition shall be as follows: "Be it

enacted by the People of the District of Co-
lumbia."

(e) The Board of Elections shall prescribe
such regulations as may be necessary or ap-
propriate (1) with respect to form, filing,
examination, amendment, and certification
of Initiative petitions, and (2) with respect
to the conduct of any election during which
any such petition Is considered.

(f) If any organization or group requests
it for the purpose of circulating descriptive
matter relating to the measures proposed to
be voted on. the Board of Elections shall
cither permit such organization or group to
copy the names and addresses of the qualified
electors or furnish It with a list thereof, at
a charge to be determined by the Board of
Elections, not exceeding the actual cost of
reproducing such list.

Tnxx icvm — rrrLX or act

Sec. 1801. ThU Act, divided Into titles and
sections according to table of contents, and
including the declaration of congressional
policy which is a part of such Act. may be
cited as the "District of Columbia Charter
Act".

Mr. MORSE. Madam President. I
further ask unanimous consent that a
joint statement issued today by the Hon-
orable Edith Green and myself on this
subject matter be printed at this point
in the Record.

There being no objection, the joint
statement was ordered to be printed in
the Record, as follows:
Joint Statkmknt bt Scmatob Watns L.

MORSX AND CONCRESSWOMAN EorTH OBESM,

or Oregon

We have today introduced In the Senate
and House, reepectively, a bill providing
for a meaningful and democratic home rule
charter for the District of Columbia. The
bill which we have submitted to the Con-
gress for what we hope will be early and
favorable action, provides for an elective
mayor, council, and nonvoting Delegate to
the U.S. House of Representatives. This
measure, together with the constitutional
amendment which the Congress last year
submitted to the States, providing for a
presidential vote for the people of the Na-
tion's Capital, will bring the reality ot
democracy to the people of that city which
ought to stand as a symbol of democracy
throughout the world.

Contrary to the Intent of the Pounding
Fathers, and certainly contrary to the prac-
tice of the past, the residents of Washing-
ton have for many years been denied any
voice in their own government. The affairs
of this great American city have been in
the hands of appointed officials of the Dis-
trict Commission, and the Ifembers of the
Congress, not one of whom could be held re-
sponsible in any way by the people of the
District. This has been a simple and in-
defensible denial of the basic principle oi
democracy. It is not enough to say that
the Commissioners have l>een good men.
Most have been. It is not enough to say
that the Members of the Congress have dealt
generously with the people of the District,
which has often been the case. The ques-
tion of home rule is the question of the
right of three-quarters of a million Amer-
icans to govern their own destinies, for good
orUl.

We look forward with high hopes to the
enactment of this legislation, and to the
ratification of the proposed constitutional
amendment by the State leglslatiu^s.

SUPREME COURT DECISION ON
DIXON- YATES CONTRACT

Mr. MORSE. Madam President, the
Senator from Tennessee [Mr. Ooul

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1961

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411

some minutes ago engaged in a col-
loquy with the Senator from Missis-
sippi [Mr. StsnhisJ in regard to the de-
bate which occurred on the floor of the
Senate in connection with the nefarious
Dixon -Yates contract I do not know
whether when the Senator from Tennes-
see spoke earlier this afternoon he was
aware of the latest chapter that has been
written in the Dixon-Yates ecmtract
matter. However, because I Joined with
the Senator from Tennessee and other
Senators in deploring the course of
action taken by the Eisenhower ad-
ministration in regard to that shocking
fraud practiced upon the people in con-
nection wlUi the Dixon- Yates contract,
I wish to comment on the latest chapter
that has been written on that subject
matter.

It will be recalled — and the Concrks-
siONio. Record stands as my proof — that
on several occasions in Uie past several
years since the Dixon-Yates contract
was consummated. I pointed out to the
American people that when the history
of the transaction was written, history
would spell it out for what it was — a
shoclLing instance of political corrup-
tion; an additional example of the polit-
ical corruption that has characterized
so much of the Eisenhower administra-
tion; political corruption which I am
sure very often went on without the
knowledge of the President. But that
did not change his responsibility for it.

History will record the record of this
administration in the giving away of
the precious rights of the taxpayers over
and over again in the whole field of
natural resources. There was, for exam-
ple, the shocking example in regard to
tidelands; the shocking record of the
Eisenhower administration in its at-
tempt to give away the people's inter-
est in connection with the rivers of the
Nation to the private utilities and
monopolistic combines by the plausible-
sounding partnership scheme, which
was naught but a scheme to cheat the
American people out of the precious eco-
nomic rights that they own in the river
basins of the coimtry.

When that history is written, this ad-
ministration will then, for our descend-
ants, appear in the Ught that some of
us have tried to warn the American
people, during the very existence of the
administration, was a proper description
of it. Time and time again, when I have
warned the American people that this
administration was honeycombed with
what I call economic corruption. I have
been abused and castigated by a large
segment of the American press. How-
ever, I am completely confident that
history will sustain me. History has al-
ready sustained me in regard to the
Dixon-Yates contract, because today the
Supreme Court of the United States, in
a 6-to-3 decision, wrote the final chap-
ter on the shocking Dixon-Yates con-
tract. I read from the Associated Press
news tickertape which has just come in:

The Supreme Oamt today decided the
United States need not pay $1,867,845 dam-
ages for cancellation of the controversial
Dlzon-Tates powerplant contract.

Chief Justice Warren delivered the 6-9
decision.

Justlee Harlan wrote a dissenting opinion
In which Justices Whlttaker and Stewart
joined.

The tribunal ruled on a Government appeal
from a decision by the U.8. Court of Claims,
awarding the amount to the Dlxon-Tates
combine for its expenditures on the project
before President Elsenhower canceled the
contracts in 1955.

We all know how difficult it was finally
to secure the cancellation of the contract.
I am satisfied that had there not been
speech after speech on the fioor of the
Senate, engaged in by the two Senators
from Tennessee [Mr. Kxfauver and Mr.
GoREl, and other Senators «.iT>ong us,
the administration never would have
taken the step even to cancel the con-
tract. There was no question that in
those speeches we proved the confiict of
interest.

That was a shocking example of con-
fiict of interest. It should have taken the
President only about 2 minutes to fire
Wenzell after he knew Wenzell had been
maneuvered into a position of power
within his administration. Some of us
said so on the floor of the Senate at the
time of the incident. But weeks went by,
and no Presidential action was taken,
although the facts were well known
throughout those weeks.

1 return to the news account:

Signed in 1954, the Dlxon-Tates contract
touched off a fight between private and pub-
lic power Interests in the Tennessee Valley
Authority area. The argument became a
political issue, and there was a congressional
Investigation.

J. Lee Rankin. n.S. Solicitor Oeneral,
argued before the Supreme Court that the
contract was unenfnrclble and the Govern-
ment was not liable because of a conflict of
interest on the part of one of those taking
part for the Government in negotiations for
the contract.

The whole arrangement was defended
by the President of the United States,
but the stench was too great, even, for
the nostrils of the Solicitor General of
the United States. To his everlasting
credit, let me point out, the Solicitor
Oeneral of the United States went before
the courts and argued against the con-
tract on the basis of a conflict of interest.

This is not the flrst time I have spoken
with great pride alx)ut my profession;
but it is my observation that when a
competent m^nber of my profession Is
placed in a position of public trust and
responsibility, he will usually get the
kind of response which the Solicitor
General got in the Dixon- Yates case.
But even though there had been pro-
nouncements on the part of the White
House itself, seeking to defend that
shocking contract, the Solicitor General
knew what the law was, and the Solicitor
General knew that the contract could not
be justified as a matter of law.

Mr. LONG of Louisiana. Mr. Presi-
dent, will the Senator yield?

Mr. MORSK I yield.

Mr. LONG of Louisiana. Is not the
Solicitor General actually a member of
the administration?

Mr. MORSE. He certainly Is. The
President could not even keep his own
Solicitor General with him in regard to
his attempt to sustain this political
corruption.

Mr. LONG of Louisiana. Could not the
act of the Solicitor General be regarded
as an act of the administratiCHi. whk^
at least theoretically, must be authorised
by the Executive?

Mr. MORSK Yes, theoretically that
is so; but the President's position was so
well known to the public that that infer-
ence could not be drawn in this oase.

Mr. LONG of Louisiana. Would it
not appear that this amounts to an ad-
missicm by Uie Executive that the con-
tract was not an honorable contract?

B»Ir. MORSE. The Comgskssional
Record will show that the Senator from
Louisiana [Mr. LohgI and I. and other
Senators, said practically that very thing
when we engaged in the debate at the
time of its cancellation. I remember
very well the participation in that de-
bate by the Senator from Loui&iana and
the Senator from Tennessee [Mr. Ooacl.

We pointed out then, in that debate,
that the President could not even take
along his own Department of Justice in
that deal. That was a political payoff
that has come home to roost.

Mr. LONG of Louisiana. Of course
the Senator tram Oregcm has been
proved correct about that contract; and
the decision today Is only the final chap-
ter, I believe. In the proof. He and
ethers knew more about it then than I
knew at Uiat time. However, it seemed
to me that the administration's atomic
energy amendmMits actually contained
provisions that, dollarwise, would have
been far more injurious to the interests
of the country and its taxpayers than
would even the Dixon- Yates matter. I
have in mind the proposed giveaway of
the patent rights to the Government's
discoveries in the field of atomic energy.

Mr. MORSE. The Senator from Loui-
siana knows that I agree with him on
that point. All of us joined in the fight
against that attempt by the adminisUa-
tion, which was supported by the then
majority leader of the Senate, to steam-
roller through that attempt at that time,
on the very afternoon when it was
brought to the Senate. That was a 110-
page bill; and the Record will show that
at that time I said that I did not believe
half a dozen Senators had even read the
bill. Nevertheless, the majority leader
wanted the bill voted on that very after-
noon. They got it through the House
the very day it was taken there.

But they did not get it through the
Senate that day, because a few of us be-
lieved there should be adequate debate in
the Senate to stop such a steamroller at-
tempt. There is no doubt that atomic
energy bill, which involved between $12
billion and $14 billion of investment by
the American taxpayers, did not involve
a dollar of investment at that time by
the private utilities in atoinic energy de-
velopment. The private utilities of the
country did a magnificent job of ad-
ministering the atomic -energy program
during the war ; but they were well paid
for their administration, and of course
they had that patriotic duty, anyway;
and I am sure they would do it out of
patriotism.

But when the administration sought to
turn over to the private utilities, for
nothing, the atomic energy program, the

*

1961

CONGRF.S.SION A T Ti prop n qfm a tt?

iltO

412

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January 9

1961

CONGRESSIONAL RECORD — SENATE

413

^1

V|

< J
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1 I

«

i 1

it

li v-l

-^1

administration was seeking to give away
$ia billion or $14 bUllon of Investments
by the American taxpayers; and that at-
tempt was made right here in the Senate.

I said then, and I now repeat, that It
was another shocking example of the
political corruption of the Elsenhower
administration. It cannot be Juatlfled
on any ethical ground or on any eco-
nomic ground or In the interests of de-
cent government. When the historians
get through writing about that one, this
administration will be shown in the his-
tory books as one that sadly failed in its
tnist to the American people in that en-
tire field of economic development.

Madam President, I return to the As-
sociated Press dispatch in regard to the
Dixon-Yates matter:

Adolpbe Wenaell, a New York Investment
banker, served aa consultant to the Budget
Bureau during part of the negotiations. At
the time, he also was a vice president of the
First Boston Corp.. which eventually be-
came Interested In the financing of the
power plant.

Counsel for Dixon-Yates told the High
Court that DUon-Yates early In the nego-
tiations had called attention to a possible
conflict of Interest and suggested that Wen-
zell withdraw but the Government permit-
ted Wenzell to continue. There was no
agreement or understanding, the counsel
said, that Dixon-Yates would go to First
Boston for Its financing.

In making a claim against the Govern-
ment, the combine said it sought only to re-
cover out-of-pocket costs.

How well I remember the afternoon
when the senior Senator from Tennes-
see [Mr. KefatjverI stood here on the
floor of the Senate and disclosed that
a Senate subcommittee had asked the
Bureau of the Budget for a list of the
personnel who had been working on the
DlxoQ- Yates matter, and that when the
list came up, Wenzell's name was not
on it. Apparently they did not know
what we already knew; or. Madam
President, apparently they thought they
could "get by" with that concealment.

When the Senator from Tennessee
pointed out that the man who was the
brains behind the contract was on the
pajrroll, but that his name was not on
the list sent to the Senate, they were
caught barehanded, or perhaps I should
say redhanded. Then their alibi was
that It was an oversight or a mistake —
what a remarkable mistake. I said then.
In effect, that in my Judgment these ad-
ministration ofQclals sought to deceive
that Senate committee; they were
hoping they could cover up. In my
Judgment the Investigation made by the
Senate committee was largely responsi-
ble for the disclosures which led to the
decision handed down today by the
U.S. Supreme Court.

Madam President, the Associated Press
dispatch goes on to say :

Warren, for the Coxirt majority, said the
Oovemment may disaffirm a contract which
Is "Infected by an Illegal conflict of Inter-
ests."

Wsmren added that the public Interest
"requires nonenforcement" oi. the contract.

He added that this Is true "even though
the conflict of Interest was caused or con-
doned by high Government officials."

Let me repeat that, because none of us
needs be told to whom the Chief Jus-

tice refers In that sentence. The dis-
patch says:

He [Warren] added that this is true "even
though the conflict of interest was caused
or condoned by high Government officials."

Madam President, I thank Ckkl that
under our constitutional form of Oov-
emment even the President of the
United States and his assistants are sub-
ject to the operation of oxir constitu-
tional processes: and I am glad that once
again the Supreme Court has stood as
a protector of the basic principle that
the Constitution applies to all, no mat-
ter how low or how high may be his
station.

The Associated Press dispatch goes on
to say:

The Chief Justice asserted that, "the same
strong policy which prevents an administra-
tive official from exempting his subordinates
from the coverage of the statute, also dic-
tates that the actions of such an official not
be construed as requiring enforcement of an
Ulegal contract." He added:

"Although nonenforcement may seem
harsh In a given case, we think that It Is
required In order to extend to the public the
fviU protection which Congress de-
creed • • •."

The Chief Justice said that, on the Gov-
ernment's conflict-of-interest defense, there
appeared to be but two legal principles In-
volved. These were, Warren said, whether
the activities of Wenzell constituted a viola-
tion of the Federal conflict of Interest stat-
ute and, If so, whether that fact alone barred
the Mississippi Valley Generating Co. from
enforcing the contract. The Chief Justice
then declared the Court of Claims was In
error In Its decision, "and that both of these
questions must be answered in the affirma-
tive."

Madam President, how well I remem-
ber the day when the Court of Claims
handed down its decision: and how well
I remember the statements which were
made, in the Senate and elsewhere, by
apologists for the administration. They
said, "We told you so. We told you there
was nothing wrong with the contract."

But our reply was, "Wait until the Su-
preme Court of the United States gets
through with that case."

It was [>erfectly clear to me, as I read
the Court of Claims decision, that it
would not pass the Supreme Court be-
cause I think the line of decisions In the
U.S. Supreme Court is so clearly in sup-
port of the great decision handed down
this afternoon that the decision was in-
evitable. I am not surprised. I am
thankful that once again we have every
reason to place our trust in that great
temple of Justice within a stone's throw
of the desk from which I speak — the
great guarantor and protector of the
constitutional rights of the American
people.

Madam President, the dispatch goes
on to set forth the observations of the
dissenting opinion; and. In fairness to
the dissent. I ask unanimous consent
that the entire dispatch be printed In the
Rkcord at this point in my remsu-ks.

There being no objection, the dis-
patch was ordered to be printed In the
Record, as follows:

Washinoton. — The 8V4>reme Ooiirt to-
day decided the United States need not pay

$1367346 damages for cancellation of the
controversial Dixon-Yates powerplant con-
tract.

Chief Justice Warren delivered the 0-3 de-
cision.

Justice Harlan wrote a dissenting opinion
In which Justices Whlttaker and Stewart
Joined.

The Tribunal ruled on a Government ap-
peal from a decision by the U.S. Cotirt of
Claims, awarding the amount to the Dixon-
Yates combine for its expenditures on the
project before President Elsenhower canceled
the contract In 1955.

Signed In 1954. the Dixon-Yates oontract
touched off a fight between private and
public power Interests in the Tennessee Val-
ley Authority area. The argument became
a pollUcal issue, and there was a congres-
sional Investigation.

J. Lee Rankin, UJ3. Solicitor General,
argued before the Supreme Court that the
contract was unenforclble and the Gov«m-
ment was not liable becaxiae of a conflict oi
interest on the part of one of those taking
part for the Government in negotiations for
the contract.

Adolphe Wenzell, a New York Investment
banker, served as consultant to the Budget
Bureau during part of the negotiations. At
the time, he also was a vice president of the
First Boston Corp., which eventually became
Interested in the financing ot the power-
plant.

Counsel for Dixon-Yates told tbt High
Court that Dixon-Yates early In the negotia-
tions had called attention to a possible con-
flict of Interest and suggested that WenzeU
withdraw but the Government permitted
Wenzell to continue. There was no agree-
ment or understanding, the counsel said,
that Dixon -Yates would go to First Boston
for Its financing.

In making a claim against the Oovem*
ment, the combine said It sought only to re-
cover out-of-pocket costs.

Warren, for the Court nuijorlty, said the
Government may dlsafllrm a contract which
is "Infected by an Illegal conflict of inter-
ests."

Warren added that the public interest
"requires nonenforcement" of the contract.
Warren added that this is true "even
though the conflict of interest was cauaed
or condoned by high Oovemment officials."
The Chief Justice asserted that "the same
strong policy which prevents an administra-
tive official from exempting his subordinates
from the coverage of the statute also dic-
tates that the actions of such an official not
be construed as requiring enforcement ot an
Ulegal contract." He added :

"Although nonenforcement may seeni
harsh In a given case, we think that It la
required In order to extend to the public
the full protection which Congress decreed."
The Chief Justice said that, "On the Gov-
ernment's conflict-of-interest defense, there
appeared to be but two legal principles In-
volved. These were," Warren said, "whether
the activities of Wenzell constituted a viola-
tion of the Federal confllct-of-lntereet stat-
ute and. If BO. whether that fact alone barred
the Mississippi Valley Generating Co. from
enforcing the contract." The Chief Justice
then declared the Court of Claims was In
error In Its decision, "And that both of these
questions must be answered In the affirma-
tive."

Harlan, Joined by Whlttaker and Stewart,
favored upholding the Court of Claims'
award of damages to the Dixon- Yates com-
bine.

Harlan described the Government's defense
against the claim as "far from Ingratiating."

He said, "WenzeU's superiors In the Gov-
ernment were fully aware of his connection
with First Boston and the possibility that
First Boston might later figure in the financ-
ing of the power project."

"With this knowledge," Harlan said, "Gov-
ernment officials afllrmatlvely acquiesced, and
Indeed encouraged, his continuing In his
consultative role."

Harlan said that In his view, "the Govern-
ment must win if Wenzell was personally
Indirectly Interested In the contract throxigh
First Boston.

"But in the light of the finding of the
Court of Claims I cannot agree that Wenzell
was so Interested." Harlan wrote.

At the time of the controversy over the
Dlxon-Yates project, the one thing the dis-
putants were agreed on was that there was
need for someone to build a powerplant.

The Atomic Snergy Commission was tak-
ing Increasing amounts of power from the
TVA system. There was the prospect of a
power shortage m the Memphis, Tenn., area

TVA supporters wanted TVA to build a
steamplant, but the administration was
against expansion of TVA In this manner and
Congress declined to appropriate money for
a TVA plant.

Eventually a contract for a steamplant
at West Memphis, Ark., was signed by the
Atomic Energy Commission and the Dlxon-
Yates group, formally known as the Missis-
sippi Valley GeneraUng Co. Later the city
of Memphis decided to build Its own plant.
In canceUng the Dlxon-Yates contract. Pres-
ident Elsenhower said the city's decision
ended the need for a private plant.

Mississippi Valley Generating Co. was set
up Jointly by Middle South Utilities, Inc..
headed by Edgar B. Dixon, and by Southern
Co., headed by Eugene A. Yates, who has
since died.

Mr. MORSE. In my Judgement, there
is no doubt that the great majority
opinion written by Chief Justice Warren
demolishes the observation of the
dissent.

I turn now to another matter.

DISTRICT OP COLUMBIA SCHOOLS—
A REPORT OP PROGRESS

Mr. MORSE. Madam President, in
areas of controversial public policy there
is frequently a welter of charge and
countercharge which serves to obscure
the basic principles which ought to
govern action. Certainly this factor has
entered Into the polonies of the con-
tinuing debate over the effect of inte-
gration upon our public schools. It is
refreshing, therefore, to come upon a
factual report by a responsible public
official and a distinguished educator
which presents, not only the statistics
of the effect upon the school system of a
major city of desegregation, but which
also redirects our thinking from the
superficial to the fundamental objectives
of any American educational institution.

Dr. Carl F. Hansen is Superintendent
of Schools for the Capital of our Nation.
He has had the unique opportimity of
observing, at first hand, the change In
that system since 1954. He has related
that experience concisely in an article
entitled "Six Years of Integration in the
District of Columbia," which was pub-
lished in the October 1960 issue of the
Teachers College Record.

Not one of us would take issue with
his statement In that article:

That American children, regardless of race
or social or economic status, must have the
best possible opportunity to learn. Extrane-

ous characteristics of race, for example, make
them no less (or more) precloiu as citizens,
no less worthy <rf opportunity, and certainly
no less Important to the welfare of the
nation.

This is the affirmation of the demo-
cratic ideal which should govern our
decisions in the realm of educational
policy, and, in my Judgment, Superin-
tendent Hansen is to be congratulated
and commended for having voiced it so
admirably.

Madam President, because I know that
many of my colleagues are receiving
considerable correspondence concerning
the school system of Washington, and be-
cause I believe Dr. Hansen's article to be
authoritative in providing factual evi-
dence which may be helpful in answer-
ing inquiries, I ask unanimous consent
that the article be printed in the Record
at this point in my remarks.

There being no objection, the article
was ordered to be printed in the Record,
as follows:
Snc Years of Inteckatiom nt thx Distuct of

COLXnCBIA

(By Carl F. Hansen)
The spotlight In educational matters prop-
erly belongs on the education of children.
In the District of Columbia, where Integra-
tion took place In 1954, we have attempted
to emphasize educational practices In rela-
tion to children's needs above the sheer proc-
esses of desegregation. By this deliberate
kind of accent, we have tried to work for
children generally, not white children or Ne-
gro children.

This emphasis seems correct despite cer-
tain facts — even because of them. For exam-
ple, the Negro enrollment In the Washing-
ton, D.C.. schools In 1959-60 was 76.7 percent,
smd the percentage of Negro teachers was
slightly over 62. But both because of these
facts and In spite of them, it seems much
more realistic to conceive of educational
practices In Washington as geared to the
needs of a cosmopolitan clientele coming
from an Inner city of Just under 750,000 In
a metropolitan area where the f>opulatlon
approximates 2 million. Thus, the problems
of OUT pupils are common to those generated
In crowded urban centers — poverty, cultural
as well as economic deprivation, a high Inci-
dence of Juvenile and adult crime, and the
low motivation for academic work that Is as-
sociated with horizons limited by city streets
and lower class concepts. Yet, In the fre-
quent and Inexcusable squalor of imrefresh-
Ing homes, children can find hope In the
schools, which are their main avenues to
freedom and which mtist meet their needs
however deep they may lie.

It Is with the education of children in
this context that we are properly con-
cerned. If It can be shown that desegre-
gation Increases the strength of the pro-
gram, eases the processes of curriculum
change, consolidates however slowly the ef-
forts to improve resources, inspires a unified
community of warmhearted people to help
children become better citizens, then in-
tegration can be looked upon as contributing
to overall educational objectives that are
precious to everyone. The Important thing
Is for a school system to give evidence that
something is happening which leads to the
Improvement of human behavior.

This article will be concerned primarily
with the education of children in the de-
segregated school system in the Nation's
Capital. As facts are presented, there will
be no effort to cover up, to dlstcot findings,
or to gloss over problems because public edu-

cation In American cities Is not prlmarUy
a demonstration of the true and noble In our
country. The Inadequacy of school support
In relation to the extent of human needf; to
be met Is not the peculiarity of a desegre-
gated school system. It Is the tragedy of the
American city.

DBSEGXEGATION HISTOXT

In even the most concise form, the his-
tory of desegregation In the District of
Columbia helps to make clear the extent of
social change which can occur within a
relatively short time.

Prior to May 17, 1954, when the Supreme
Court declared school separation by race to
be imconstltutlonal. Washington entertained
two school systems, organized under one
Board of Education and managed by one
Superintendent. While much was done to
establish lines of communication between
the two entities, an unbelievable degree of
separation prevailed. Those who feared de-
segregation clung tenacioiisly to the fiction
that lines must be held firm. The leadership
of each division of the school sjrstem. Intent
on preserving Its identification and preroga-
tives, sought little counsel with that of the
other division. In general, where integrated
groups like ctirrlculiun committees existed,
Negro teachers and officers were given slight
opportunity for leadership responsibility.

When the change occurred in 1954, Negro
teachers and officers were educating 64.080
Negro children In explicitly separate schools,
and white teachers and officers similarly
taught 41,393 non-Negro pupils In separate
schools. Eight days after the Suf»«me Court
decision, the Board of Education set policies
that clearly eliminated racial segregation
Its action led to a tinlfication process that
produced, by September of 1954, racially
mixed classes in 116 schools (73 percent)
and blracial faculties In 37 schools (23
percent).

Clearly two Inferences may be drawn : The
principle of educating children according to
their residences or special needs rather than
by race can be promptly put Into practice:
and the process bears a significant rtiatlon-
shlp to readiness and a willingness to learn
by doing. In many ways, problems of rela-
t'onships remain to be solved, but the center
of effort is now on the simple yet very com-
plex business of educating children as they
enter the classroom of this great city.

EI^aOLLlCENT BT RACK

The table that follows shows the trend In
enrollment by race In the Washington
schools from 1950 to 1959. This change i£
due directly to the exodxis of whites to the
suburbs and the occupation of the vacated
housing by Negroes. It Is generally recog-
nized that this phenomenon Is typical of our
large cities and defines a very general
problem.

Having noted that our schools had a large
Negro membership, a superintendent of
schools in another city, somewhat patroniz-
ingly, I thought, said to me, "You will soon
be an all-Negro school system."

"We wUl continue to be an all-American
school system," I replied. What I meant, of
course, was that American chUdren, regard-
less of race or social or economic status,
must have the best possible opportunity to
learn. Extraneous characteristics of race,
for example, make them no less (or more)
precious as citizens, no less worthy at op-
portunity, and certainly no less Important
to the welfare of the Nation.

With the reservation, therefore, that a
school system or any part of It should not
be labeled by race, the enrollment trend by
race is significant as a fact but not an ex-
planation of effect at this stage In the his-
tory of desegregation In this school system.

414

CONGRESSIONAL RECORD — SENATE

Jarvwary 9

Tablb L — Waahington enrollment by race,
1950-59
[Ib peroant]

The most Impreeslve oonclualon to be
drawn from acliool enrollment figures by
race la that residential segregation con-
tinues unabated. The most notable con-
cern Is. therefore, how to ameliorate the
effecto of residential groupings that per-
petiiate some of the aspects of legal segre-
gation and create Instability In communi-
ties when Negroes move Into them. The
schools are responsible for the education
of children residing near them. Theirs is
not the task of setting the housing pat-
terns for the conununlty. except as educa-
tion in urban redevelopment may contrib-
ute to intelligent planning.

ACaOKMIC BTANDAKDS

After the schools were desegregated in
September 1954, test results were reported
on a cltywlde basis. The discovery that
the total academic norms in the local
schools were below the national standards
threatened to destroy confidence In the
school system. The problem was made all
the more complex by the difficulty of com-
municating to the lay community the
meaning of the test results. When medi-
ans or averages were used, many found It
difficult to Interpret them as midpoints in
a wide distribution of scores. Moreover, to
describe the results as a reflection of an
atypical distribution of pupils was regarded
as an alibi rather than an objective analysts
of conditions.

Finally, for those who needed a pn^aganda
tool against desegregation, the appmrent but
obviously unreal 'oss In academic standards
was a handy weapon. Used lustily and wide-
ly, it created an inaccurate image of the
school system which Is only now coming by
degrees into true focus.

It follows loglc&lly, therefore, that much
attention was given to the upgrading of
academic performance. This required simply
an enlarged opportiinlty to learn for all chil-
dren. At the same time, the total com-
munity was reminded over and over again
that the measure of a school program Is the
change for good made in children who are
Involved In it. Thus, the measure is rela-
tive to the stage of the child's development
when he begins to receive Instruction. The
accomplishment Is evaluated by the amount
of growth he achieves while under instruc-
tion.

Information which will Justify at least
tentative conclusions about the effect of
desegregation upon academic standards is to
be found In the reports of an extensive city-
wide testing program. While these data are
naturally subject to qualification, they are
the most objective available. They are sub-
mitted as evidence of an observable improve-
ment in the qtiality of Washington's educa-
tional pkxxluct over the past 5 years.

In 1959-60, over 60,000 children were tested
with the Metropolitan Readiness, California
Mental Maturity, and Stanford Achievement
Tests as appropriate to their grades. The
outcomes of this program are Instructive.

Kindergarten and first grade: In terms of
national norms, readiness tests showed a
local median percentile rank of 43 for the
kindergarten and 30 for new entrants in the
first grade. Obviously, then, the new en-

trants, numbering 8,012. are generally In the
low normal group, suggesting special educa-
tional problems. Special procedures must,
consequently, be devised for them. These
aids may even have to be extended to their
homes becaiise It is known that many of the
difficulties of these children result from ad-
verse home conditions.

Further evidence of cultural and psycho-
logical lag among these pupils is apparent in
the fact that the scores of 12.7 percent of
them classified them as "poor risks" for
kindergarten. This figure must be read
against a national norm of 8 percent. Simi-
larly, 23.3 percent (703) youngsters in the
first grade also scored as poor risks as against
6 percent on the national scoreboard. In
the average or above-average categories, there
were 65.5 percent of the local kindergar-
teners, compared with 63 percent In the Na-
tion as a whole. In the new entrants to the
Washington first grade, only 36 percent could
be classified average or above.

It is clear, then, that the educational prob-
lem Is shaped by the lack of preparation for
learning with which many chUdren begin
schooling. No one can discredit an educa-
tional establishment for this condition, but
unless strenuous efforts to obtain needed
resources are made by the community under
the leadership of the schools, criticism Is
very much In order. Many of these children
win be the problem learners, the dissatisfied,
unhappy, frustrated youngsters of later
school periods, the early school leavers, and
to some extent the delinquents. It Is clear
that the problem requires maximum re-
sources and attack at this early stage for the
benefit of the community as well as the in-
dividual children.

Third grade: In the third grade, local
medians were only slightly below the na-
tional norms. A primary exception was
arithmetic reasoning, where the Washington
median grade equivalent was 2.8. compared
to the national norm of 3.5. Except In
arithmetic reasoning, however, the 11,110
third graders achieved beyond the level that
their Intelligence grade placement 3.1 would
indicate as expected for them.

Compared with comparable test scores by
all third-grade pupils in 1955-59. the 1955-59
crop did considerably better on everything
except arithmetic reasoning, where the two
groups were essentially the same. In the lat-
ter year, the percent of Negroes in the third
grade was 81.5 as against 66.3 In 1955-56. It
may be concluded, therefore, that academic
achievement has Improved since 1956-56 and
that this Improvement Is taking place as
the ratio of Negro children Is increasing.
It would seem that the education of all the
children, white and Negro together. Is clearly
improving In a desegregated school system.

One of the worries some people had about
desegregation was that It would reduce the
learning opportunities for white children.
"Standards will be dragged down and all
will suffer," was the claim. But third grade
reports In 1959-60 show that such Is hardly
the case. From 1 to 9 percent of the pupils
tested made the highest possible scores in
one or another of the five sections of the
Stanford Achievement Test. Moreover, 42
percent made scores at or above the national
norms In paragraph meaning. This was. in-
cidentally, higher than was to be expected
from the median Intelligence grade place-
ment for the class. In general, there was a
small but substantial Increment in achieve-
ment over even the preceding year. Wash-
ington third graders are performing very
close to the national pattern. The brighter
pupils are. of coxxrse, above the norms In
their reading achlevenwnt.

Fifth grade: For a reason not yet deter-
mined, norms fell In the fifth grade slightly
below the intelligence grade placement for
the group and even more below the national

norms. This tendency wae consistent over

all subtests of the Stanford Achievement
Test. Nevertheless, the more able pupils at
or above the 76th percentile In Intelligence
achieved at or above ability expecUtlons for
their group in three subjects. On the other
hand, pupils in the lowest quarter were
achieving below measured aMUty In all
subjects.

Although the 195»-60 group (79.1 percent
Negro) did much better than the 1055-66
group (63.9 percent Negro) , there is much to
be dissatisfied with and as yet unexplained
In what appears to be a dip in the rate of
local achievement between the third and the
sixth grades.

The record of test scores shows that a
larger percentage of 1BS8-60 fifth-grade pu-
pils achieved at and above the grade norm
than the 1958-59 group In all six areas tested.
This gives evidence of progress and poeltlve
achievement for the average and above-aver-
age pupils. It leaves, however, the enor-
mous educational problem of upgrading large
nimabers of educationally handicapped chil-
dren.

Sixth grade: The 195»-00 group of sixth
graders hit the national norm In one area
tested (spelling) and feU only very slightly
below It in the other five. Thus, the gap
between local and national norms seems to
narrow quite perceptibly as pupils experi-
ence 6 full years of education In a unified
school system.

Again, the 1959-60 group (77.2 percent
Negro) showed considerable improvement in
all areas tested over the 1955-66 group (63.2
percent Negro) . Taken against the 1958-50
sixth graders, the present class did not per-
form quite as well, scoring consistently Just
under the 50th centile on national norms as
compared with scores Just over 60 made by
pupils from the preceding year. But 39 to
50 percent of th© students achieved at or
above the national norms on one or more
subtests, a fact that constitutes further evi-
dence of improving achievement under Inte-
grated conditions. This inference is strongly
supported by the further fact that growth
in achievement, shown by comparing the
medians of the total groups tested In 1956
and In 1960, Increased from the third to the
sixth grade by rather more than the ex-
pected 3 4 years of gain in every one of the
six areas tested. Thus, the group, growing
in Its proportional Negro membership, de-
veloped academically at a better than normal
rate during their years of Instruction in the
Washington program.

Junior high school: In the punier high
schools, comprising grades seven through
nine, student achievement was assessed by
means of the educational ability, differential
aptitude, and Stanford achievement tests.
In addition, ninth graders were given the
short form of the California test of mental
maturity.

In the eighth grade, the median grade
equivalents, while still from 0.4 to OM below
the national norms, were markedly superior
to 1965-56 scores. The best gains were in
arithmetic reasoning and computation, where
improvemont In median performance was
one full grade equivalent and 0.8 grades,
respectively. Kven more noteworthy Is the
fact that this group Improved from their
achievement In the fifth grade to their
achievement In the eighth at somewhat more
than an expected rate. Assuming a nor-
mal increment over the 8-year interval of
three grade equivalents, one Is struck by
growth In this class In excess of that figure
over all subtests (8.8 In paragraph meaning,
word meaning, and arithmetic reasoning,
and 3.6 In arithmetic oomputatlon). Since
the rate of growth In these particular chil-
dren was below normal expectancy prior to
their experience in the Uttb grade, this de-
velopment burst Is indicative of notable im-
provement In the period since integration
wasachleTed.

1961

CONGRESSIONAL RECORD — SENATE

415

Ninth grade test scores showed a median
IQ (California test of mental maturity) of
95 with a range from 56 to 154. Put another
way, the range In mental age was from 8
years, 4 months, to 21 years, 6 months, edu-
cational planning must obviously take Into
account this wide spread of Intellectual
ability If the diverse but always poignant
needs of the children are to be met. In the
District of Columbia, this responsibility is
dealt with through grouping by ability and
the popularly known track system.

Senior high school : In the test data avail-
able for the senior high school students, the
significance of the track system stands out.
In the 10th grade, for example, the bright-
est pupils, those following honors and regu-
lar college preparatory courses (tracks 1 and
2). scored at consistently high levels. The
median percentile ranks achieved by honors
students were 83 (basic social concepts), 87
(natural science). 96 (correctness of expres-
sion), and 88 (quantitative thinking). For
those in the regular college preparatory pro-
gram, the scores for the same four areas In
median percentiles were 51, 63, 76, and 59.
It seems highly Improbable that the desegre-
gation process, contrary to the expressed
fears of many, has had an adverse effect on
the achievement of the able student, whether
white or Negro.

In the case of track 3 pupils (those in the
general curriculum for students not quali-
fied for or interested In college preparatory
work), however, the local median percentile
fell In every case below the national norms.
The actual scores for the four areas were
23. 28, 39, and 19. Again, much remains to
be done to upgrade the educational achieve-
ment of this large group of high school boys
and girls. Nevertheless, the scores of 2.234
12th graders in tracks. 1. 2. and 3 show
Improvements of from 3 to 16 percentile
points over their scores made as 10th grade-
ers, adjusted for norm differences to take
Into accotmt that percentiles are relative to
the grade of testing. This observation con-
stitutes substantial evidence for the propo-
sition that this group made, on the whole,
more than expected Improvement over the
period of Instruction in integrated high
schools.

Thus, this summary of achievement rec-
ords shows generally a rate of learning that
Is higher than one would ordinarily expect.
The persistent educational problem Is two-
fold. The first Is how to Improve the factors
which condition children for school experi-
ences. As has b<>cn shown, many children
enter the Washington school system with
severe ciiltiu^ handicaps. The alleviation
of this problem may not be expected solely
from the schools. A total community at-
tack Is \irgent if the crippling educational
disabilities suffered by many of our chil-
dren are to be removed.

The second aspect of the problem, how-
ever, the schools can do much about. They
can improve the quality of education by bet-
ter teaching, better currlculiun organization,
concentration upon essentials, and the pro-
vision of improved services at all levels.

iiipaovxD scxvicxs
No one can satisfactorily measure the con-
structive effect o( school unification upon the
Improvement of services to children. The
Imponderable but strongly felt divislvenees
of a dual school sjrstem restricts advance-
ment. When a community looks clearly and
Impartially at the needs of a single school
system, It can direct an integrated attack
upon Its problems and speak as a single voice
for the Improvement of education for every
child. Such a drive In the District of Co-
lumbia has produced some observable evi-
dence of progress in school services and in-
structional emphasis. Part-time classes —
the extent of them, at least — is an index of
vitamin deficiency in a school system. From

a peak of 6,446 children on half-day sessions
because of overcrowding in 1057, this figiu-e
dropped to 1.339 in March of 1960. Al-
though much additional school construction
is needed here, the reduction in part-time
schooling Indicates that Improvement is
taking place.

Class size, whether high or low. has much
to do with the quality of education a com-
munity U providing for its children and
youth. For more than 5 years the Board of
Education, widely supported by parent and
civic groups, has worked to attain an average
class size in the elementary schools of 30
pupils. In 1954, the pupU-teacher ratio
(for average class size as used here) was 38.2
in the Negro elementary schools and 34.6 In
the white elementary schools. With addi-
tional appropriations by Congress upon the
strong pleas of the schools and most com-
munity groups, the ratio Is expected to be
30.78 In 1960-61. It is hoped that Congress
win authorize the taking of the last step to
the goal of 30 in the next budget year.

Teacher supply is, of course, a basic key
to good education. The report on this fea-
ture Is negative. The number of temporary
teachers has Increased from 579 In 1954-65 to
1.250 in 1959-60. The problem stems in the
main from the fact that only about one ap-
plicant In four over the past year has been
able to pass District qualifying examinations.
Teacher standards have been maintained at
a high level. Recruitment procedures have
been stepped up. Salaries have been in-
creased to some extent but not enough to
overcome the attractiveness of suburban as-
slgrunents. The overriding fact is that It
ts difficult to find white teachers psycho-
logically prepared to take Jobs In predomi-
nantly Negro schools, with the result that
the source of applicants tends to become
more and more restricted. So that we may
have wider choice among applicants of all
races, a better Job must be done to convince
teachers that any assignment in the city
school system Is professionally rewarding and
to make the rewards evident.

Special education classes for slow learners,
where trained teachers work with groups
averaging no more than 18 per class, has
been stepped up from 74 In 1954 to 225 In
1950-60. This notable expansion In special
services is continuing In each budget year.
Similarly, the reading clinic staff has been
Increased from 12 to 32 during the same pe-
riod of time. The Department of Pupil Ap-
praisal has grown from 14 In 1964 to 81 in
1960 with the addition of school psychol-
ogists, clinical psychologists, and psychiatric
social workers. The elementary department
of supervision, now serving on a total city
B3r8tem basis, has grown from 7 in 1964 to 14
In 1969-60. Each of these services, which im-
prove the educational program for children,
has been expanded and strengthened since
the advent of desegregation. No one can
avoid the belief that these gains, cautious
and timid as they are, occurred more easily
because the school system is now luilfled.

Free lunches for needy elementary school
children will be supported by an appropria-
tion of 0426,900 for the school year 1960-61.
This Is the second year of such service, now
expanded to supply free lunches to 4300
needful children. Conducted now as a part
of the school program, this function con-
tributes significantly to educational readi-
ness. It represents a further advance in serv-
ices to children.

CHAMGXS m paAcncE

While it is hoped that innovations and
modifications in educational practices since
1964 win Increase efficiency, this may not be
conclusively so In every instance. For this
reason, some features of the Washington
enterprise are listed as changes rather than
as scientifically estabUshed in4>rovements.

Ability grouping for academic instruc-
tion now extends in different degrees from

the Ist through the 12th grade. Begin-
ning In the elementary school, the basic
curriculum provides an especlaUy designed
pathway for the student whose ability to
achieve academic success is limited. The
aim is to provide a m<LTtmnni challenge at
his level with immediate p>osslblllty for
transfer to more difficult levels when he Is
ready. The general program from grades
1 through 12. the honors from grades 4
through 12, and the regular college prepara-
tory programs from the ninth grade are all
designed to reduce ranges of differences
within classes in order to establish maxi-
mum challenge for every pupil and to facil-
itate individualized Instruction. Insofar
as possible, for each.

The Junior primary was established in
1958-59 for chldren who, after a year in
the kindergarten, were not ready for the
first-grade program. This Is proving to be a
salutary aid In meeting the problem of severe
physical and psychological retardation with-
out requiring the child to undergo an un-
earned failure at the very beginning of his
school experlencel'^

Professional study has been stepped up In
an effort to improve the quality of teaching
at all levels. The increased emphasis on the
gifted and the slow learner has resulted in
expansion of inservice education. In such
departments as mathematics and science,
workshops and experimental teaching have
been planned to modernize the content and
methods of instruction. Under stlmul lis of
the drive to upgrade instruction here, about
1 out of 4 teachers regularly attends summer
school, workshops, or institutes.

Remedial reading has been made the core
of the elementary sununer school program.
The reading materials used have included
arithmetic problems to develop comprehen-
sion in this subject field. During a period of
6 weeks of Intensive Instruction In reading,
2,000 elementary school children were able in
1960 to make average gains of from 0.6 to
0.0 yesirs according to tests given to measure
growth over the period of instruction.

A lay reader program, supported by the
Eugene and Agnes Meyer Foundation, was
recently established to help senior high
school teachers with the reading of pupil
compositions. The success of the program to
date has warranted its continuation into
the second year.

Foreign language Instruction, offered in
1069-60 to about 2.000 third graders, wiU be
extended into the foiuth grade in 1960-61
when a staff of 18 specialists will be «n-
ployed to instruct pupils at these levels.
When c(»npleted, the plan will supply 4 years
of language instruction to more able stu-
dents, beginning In the third grade.

Curriculum revision Is taking the direc-
tion of defining specific behavioral goals by
levels in the basic subjects, with at least the
beginning of a definition of differences in
quaUty rather than merely quantity of con-
tent by levels.

The boys' Junior-senior high school was
established for youth from 14 to 18 years
of age who have emotional disorders of such
magnitude as to require special therapeutic
assistance. With an enrollment that has
not yet exceeded 40 at any one time, this spe-
cial school is discovering techniques and
skUls which seem to be fruitful. The em-
phasis on the therapeutic natxue of the serv-
ice appears promising.

The Amidon Elementary School Is a spe-
cial demonstration school organized for the
year 1960-61. It will be used to demonstrate
a combination of direct, highly organized
Instruction In basic content with what is
known about the nature of the learner, his
needs, interests, and characteristics. Em-
phasis will be placed on phonics, grammar,
composition, spelling, handwriting, mathe-
matics, science, history, and geography In
sequential order.

416

CONGRESSIONAL RECORD — SENATE

January 9

\

'1

■UICICAST

An overview to show some of the changw
In Inatructlon occurring la slgnincant only
because Washington's Is a recently deae^-
gated school system. The proof of the effi-
cacy of the changeover Is In the dynamic
quality of the subsequent educational pro-
gram. Far from producing dismay and
stagnation, or even any shadow of disap-
pointment, the desegregation process has
brought a renewal of vigor, energy, en-
thusiasm, and imagination to the staff, the
board of education, and to the elements of
the community who believe nothing Is so
vital to human welfare and to the Nation as
a system of free education equipped to do
what it Is supposed to do.

There should be no mistaking this truism :
children's educational problems do not result
from desegregation. Satisfactory resolutions
are more likely to be brought about If the
schools are unified and Integrated. This Im-
provement In educational functioning is the
heart of the Washington story.

RESOLUTION 69, CALIFORNIA
LABOR FEDERATION

Mr. MORSE. Madam President, I ask
unanimous consent to have printed In
the text of the Ricord Resolution 89,
approved by the third convention of the
California Labor Federation, AFL-CIO,
Sacramento, Calif.. Augiist 15 to 19. 1960.

There being no objection, the resolu-
tion was ordered to be printed in the
Rkcoko, as follows:
RxsoLunoN 69, Sxjppobt Phopos«d Investi-

GATION or STSnUBRXAKINQ

Whereas Senator Watnb Morse, of Oregon,
has introduced Senate Resolution 271 In the
U.S. Senate to initiate an investigation of
strikebreaking, including importing strlke-
tHreakers across State Unes, so-called strike
insurance, and other union-busting activi-
ties; and

Whereas these strikebreaking activities
have cost unions affiliated with the AUled
Printing Trades Councils mlUlona of dollars
and the loss of many union printing offices:
Therefore be it

Resolved. That the third convention of
the California Labor Federation, AFXi-CIO
give unqualified approval and support to ths
proposed Senate investigation of strikebreak-
ing and urge all of the niembers of the re-
spective affiliated crafts to contact Senator
LisTXB Hnx, chairman of the Senate Labor
Committee, in support of Senate Resolution
271: and be it further

Resolved. That copies of this resolution
be sent to the presidents of the five inter-
national unions comprising the International
Allied Printing Trades Association; and be
it further

Resolved, That these international unions
request each member of each union to con-
tact Senator Hili. iirglng this Investigation;
and be It further

Resolved. That a copy of this resolution
be sent to Senator Watni Mobsx.

GROWTH WITHOUT INFLATION

Mr. MORSE. Madam President, the
September 26, 1960, issue of the New Re-
public carries an article which is of great
interest and great help to the Congress
in dealing with economic conditions.

It is entitled "Growth Without Infla-
tion" and is authored by Senator Patii.
H. DoxrcLAS, of Illinois, and his assistant,
Mr. Howard Shuman.

I ask unanimous consent that the text
of this excellent article be Inserted at
this point in my remarks in the Record.

There being no objection, the article
was ordered to be iwlnted In the Rxcord,
as follows:

OaowTH WrraouT Imtlatiov

(By Paul H. Douglas and Howard Shuman *)
The Deniocxatlc platform prcHiUsee that a
new Democratic administration wlU do many
things. The question that Is most often
asked, and asked sardonically by some, is how
these pledges can be made good; how we can
have a more productive economy with f\ill
employment and without Inflation.

A Democratic President Is pledged to pro-
vide a stronger defense, more and better
schools and teachers, more In fact of a great
nxany things our communities need and
want. The present administration replies
that the Democrats are talking ple-ln-the-
aky, that they mean to Indulge in wUd
spending and budget-busting, that these
things cannot be done, or should not be done
now. or should be left to the States to do,
or should be studied for another year or two.

There is. therefore, a real cleavage between
the parties and the candidates with respect
to what and how much should be done by
the Federal Government, and how to do it.
And there is the further problem that any
Democratic President, if he is true to the
platform commitments, mvist overcome ob-
stacles set in his way not only by most of the
Republicans but by the ruling conservative
coalition in Congress. These are the mat-
ters we want to discuss, and we begin by
examining what has happened to our econ-
omy and what a new President could do to
help make it function so that pubUc needs
can be more effectively met.

It has been reported often enough that
from 1953 to the end of 1959 our economy,
as measiu-ed by the real gross national
product, grew at the relatively slow rat4 of
2.4 percent a year, below the longtime his-
torical growth rate (1890-1950) of 8.2 per-
cent. It was also, according to the OKKC,
markedly below the average annual growth
rate of 4.6 percent for our Western Euro-
pean allies for the years 1950-57, and it
was, of course, very much below the recent
Russian growth rate which Mr. Allen DuUes
has estimated at 7 percent a year. Further-
more, while the comparison infuriatss
orthodox conservatives. It Is nevertbelssa
true that the yearly growth rate from 1947
to 1963 was 4.6 percent, or nearly double
that for the first 6 years of the Elsenhower
administration.

Moreover— «nd this point is often missed
by statistical Jugglers — if growth Is oocn-
puted in per capita terms, the real annual
Increase from 1953 to 1959 amounted to
only 0.7 percent or only about one quarter
of the a 5-percent rate which characterized
per capita growth In the previous 6 years.

While there has been some pickup this
year over last, progress has been far leas
than was confidently predicted at the begin-
ning of 1960; there is an excessive amount
of unemployment and a huge gap between
our productive capacity and its use.

The Republicans insist that the high
rate of growth in the 1947-63 period was
caused by the Korean war, yet they almost
never grant that the 12 percent rise in
Uving costs during this period was in any
way associated with the war. But we need
not argue about the cause of growth. In-
stead, let us compare the progress of the
economy under the Truman administration
and under the Bsenhower administration
as measured by the gross national product

* Paul H. Douglas Is chairman of the Joint
Economic Ccoxunlttee of Congress and a dis-
tinguished economist whose many profes-
sional studies include The Theory ot Wages.
Controlling Depressions, and Economy In the
National Government. Howard Shuman is
his administrative assistant.

after taking out the Federal Government's
purchases of goods and services. This will
give us one measure of the growth in total
consumption and investment in the privat*
saetor of the economy, plus ths purehasas
by State and local govsmmenU.

In the postwar years up to th« outbreak
of the Korean war, the groes national prod-
uct less Federal purchases increased at an
average annual rate of OJ percent. This
amazing increase in output occurred despite
the drastic $97.7 billion reduction in federal
pxirchases from 1946 to 1947. Despite the
extraordinary shock of this cut in purchases
by the Federal Government, the economy was
able to provide jobs for virtually all of the
6Vi mUlion additional people who came into
the labor force during the first 2 postwar
years as service men and women were dis-
charged from the Armed Forces.

The more recent record is in sharp con-
trast. In the years 1953 through tht saoood
quarter of 1960, the gross national product
leas Federal piirchasas has increased at an
average annual rate of 4 percent, leas than
half the rate of incraasa in the postwar, pra-
Koraan years. Following the end ot the
Korean war. Federal Government purchases
were reduced, but by insignificant amounts
compared to the poet- World War II cutbacks.
Also, from 1953 to 1959. although the growth
in the labor force was much slower than in
the pre-Korean postwar period, unemploj«
mant has bean, on the average, at a sub-
stantlaUy higher rata. In the main, thasa
facts seem Incontestable.

No statlsUcal measurements ara parfaei
but the real groas national {mxluct, oorrectad
as it is for changes in the prices of Its com-
ponent tMTtB. meaaxires the total output of
goods and services more closely than does
any other series. It is the acceptad stand-
ard of measurement among statisticians of
all nations and therefore can be uaad wltb
approximate reliability.

Now, the competent special staff of our
Joint Economic Committee of the Congress,
headed by the brilliant Otto Eckstein, has
concluded that with proper governmental
policies we can raise this annual rata of
growth to 4.6 percent a year. If attained,
this rate would give glO billion more in GNP
in the initial year than we woxild get with
a 2.6 percent growth rata. At the and of
15 years, or in 1975, it would yield a gross
national product of $976 billion, as com-
pared with the 9715 billion which would ba
reached by plodding ahead under a 2.6 per-
cent rate. This diilerence of $200 billion In
the terminal year, to say nothing of tha
enormous added sums which would have ac-
crued during the intervening 15 years, indi-
cates the magnitude of the stakes involved.
As we have pointed out. the relative dif-
ference in per capita product wo\ild ba far
greater. It takes little imagination to saa
that the difference between the two poafri-
blUtles in terms of personal well-being and
national strength — and possibly even siir-
vlval — are so great as to make Vice Presi-
dent Nixon's scornful dismissal of the issue
as mere "growthmanshlp" absurd.

HOW CAN rr BX DONXr

We of the Joint Economic Committee re-
jected as a long-time goal the Russian
forced-growth rate of 7 percent, both be-
cause it probably could not ba permanent-
ly maintained and because in a free society
It cannot be reached without rigid controls
and Inflation. Oin* staff nevertheless con-
cluded that the 4.5 percent rate could be
attained without any appreciable Incraaaa
In i»1oe or wage levels and without any
change In our basic Institutions. Governor
Rockefeller and Senator Kennedy have re-
cently set a somewhat higher annual goal
of 5 percent. This may wall ba attainaUa
without significant loss, but we think It
safer to shoot inltlaUy for the slightly lofwer
figure. If and when this ts reached, wa

1961

CONGRESSIONAL RECORD — SENATE

417

ean tXkan saa whetbar astni farther tncreasa
Is possible at the price we wish to pay.

It Is Important to set a goal, btxt it la
equally important to point out tha paths
that taka us thara. OezwraUy speaUag. tha
moat important ways an (1) adequate In-
craaaa in the phyatcsl quantities of both
labor and capital; (2) fiiUw utilization of
tha axlatlng quantltiaa of labor and capital
through tha reduction of unamployment and
involuntary part-tima employment, on tha
one hand, and of unnsert plant capacity li.e..
stael) on the other; (3) an improvement in
the qiuUity of both capital and labor through
batter technology and the development of
greater practloal abilities among the work-
ers, and (4) finally, general improvement in
tha ^>irlt of industry through greater com-
petition and more Industrial harmony as be-
tween tha various economic classes. Asso-
datad with all tbaae is having the returns
for labor and capital, namely, wage and in-
tereat rates, adaquata to call forth the full
participation of both but not so excessive as
to dlaoouraga or prevent such use. Another
factor is. of course, the wise use and prudent
developmant of our natural resources of tim-
ber, minerals, the soil, and water.

No one, ws believe, realizes more vividly
than do wa the part played by Increases In
tha physical quantities of both labor and
capital in raising total production and of the
importanca of having capital grow mora
rapidly than labor In order that more may be
at tha disposal of each worker and hence
cause output per worker to go up. In fact,
tbe Mnior author of this article carried on
scientific studies for more than IS years on
the relative roles which were played in pro-
duction by tha two factotm of labor and
capltaL

Aside from liberalization of our Immigra-
tion policies, there is little that can be done
through governmental action to increase the
size of the labor force over tha next 15 years.
In recent years it has grown at the rate of
about 1.6 or 1.7 percent annually. But gov-
ernmental policies which succeed In main-
taining a pros|>erous economy will encourage
a more rapid growth in family formation. In
the nation's peculation, and therefore in the
labor force, than we have been able to achieve
in the past.

The increase in the physical quantity of
capitsi has been and ahould be at a con-
sidarably higher rata than this. According
to Goldsmith's Impressive study, aggregate
national capital in deflated terms increased
from 1897 to 1921 at a yearly rate of ap-
proximately i% percent. During this period
the rate of capital saving per capita rose by
about 1 % percent. The great depression and
the great war of course greatly slowed down
the rate of capital growth: In many of these
years the depreciation of capital was not
fully mat. It would seem highly desirable
that at the very least the 1897-1929 growth
rates for capital should he maintained, and
if possible somewhat Increased. We would
welcome a still higher rate of increase, but
it should not be purchased at too high a
price.

The history of our economy indicates that
Increased investment can best be achieved by
assuring vigorous expansion of total demand.
Thia mnana that interest rates shoxild ba as
low as are consistent with reasonable stabil-
ity in the price level, and although the
statistical evldenoe la meager, it furnishes no
proof that higher rates of intereet, which
the financial community wants, increase the
rate of personal or corporate savings. Wa are
not argtdng here for pegged low interest
ratea but against pegged, artificially high
interest rates. The savings needed to offset
any demand Inflation which might result
from a high rate of private Investment
should be provided primarily by budget
surphises rather ttian by unduly Increasing
Interest ratea.

cvn 2T

TnnatnoTMXKT — uifeox and CAPrrAi.

But a mmn Increaaa in the physical supply
ot labor maA capital Is not enough. It is also
nnnssssry to have both UKire fully employed.
Here great improvements can and ^ou^4
be n^ade.

me chief — »««ir»t«g of adequate growth are
eeoiiwwnie recessions and flnprrmslnns These
Bok oakj cause output to decline while they
ara operative, but they also require much of
the stitaasquent upswing to be merely a re-
covery ot lost ground rather than a <y^tJ"VHJ
advance.

Despite all the brave talk of reenit years.
we need further mbepe to lessen the severity
of industrial mrnsrlnnii and to shorten their
duration.

Moreover, one of the more ocnlnous fea-
tures of recent years has been the rise in
unemployment. Ihe rates were higher dur-
ing the reoesiimi of 1957-58 than during
the pre\'lovis recession of 1953-64. Even
more important is that each succeeding
revival and recovery has found unemploy-
ment at a higher level than previously.
Thus, while ununployment in this country
was 3 percent in the revival from the win-
ter of 1961 to the summer of 1953. it ran
to 4 percent during the 2 years from the
Biunmcr of 1955 to that of 1957. In the
recovery from the recession of 1957-58, the
index of unemployment has been below 5
percent in only 3 months. Indeed, for June
at this year it was no less than 6.6 percent.
If we add to this the full-time equivalent
at the involuntary part-time workers, we
get an added 1^^ percent, bringing the total
involuntary lost time close to 7 percent.
This Is far too high a figure for aodety
willingly to endure. We are personally far
more (^Umtstie than formerly about our
ability to reduce unemployment to not far
from 8 percent plus another 1 percent lost
because of pert time.

But to cut back the unemplojrment. a va-
riety of steps wlU be needed. To start with,
low-interest Government loans will reduce
hard-core tmemployment in the depressed
areas, sudi as the coal mining, textile, and
cutover regions. Such loans would also uti-
lize more fully the existing social capital in
these areas su^ as la already invested In
houaea. achools. <diurchea. stores, streets. axKl
utilities and hence releaae. for other produc-
tive purpoees. capital which would have to
be provided were these communities to be
almost completely abandoned. Joined with
this program should be a program of voca-
tional retraining. Similarly, the rehabilita-
tion and retraining of the disabled will raise
productivity as will the developn^nt of more
flexible retirement systems, permitting oom-
petent workmen to prolong their worklBg
lives beyond the present artificial dividing
Une of 66.

We must think also of the high unemploy-
ment of capital. There was. of course, a con-
siderable amount of Idle plant and equip-
ment in 1963. But even if we take May of
that year as the base of 100. by December of
1956, an index of comparative irtillsation had
fallen to 87, and S years later, to 78. Since
then there has been some recovery, but with
the steel mills ss late as the end of July
still operating at around 60 percent of ca-
pacity, it la doubtful whether more than 80
percent of the available capital plant and
equipment Is now utilised even on the basis
of the prevailing shifts. Having so much
existing ci^ltal idle in turn discourages the
Investment of additional new eapAtal and
hence holds down {iroductlon and employ-
ment in the capital goods Industries, aa well
as future productivity everywhere.

One of the basic cures for the excessively
high ratio of imemployed capital is lower
prices in the monopoly and quasi-monopoly
Industrlee. With lower prices In these in-
dustries, more goods would be demanded as
the lower income groups would come Into
the market, and the mtMOe and upper groups

would buy more. This Increase to the
quantity demanded would at once expand
employment and production. It would »»»>
lure back Into manufacturing and oOier In-
dvistries workers irtio have been squeezed out
toto the service trades where ttielr average
value productivity Is lower and hence would
increase the total output still more rapidly.
There Is little doubt that the prlcee of many
products have been kept unduly high by the
innately restaictlve effects of oMnopoly and
quasl-monopoly and by explicit or tacit price
agreements between ostensibly competing
flms.

It was formerly the fashion to sneer at the
antitrust laws and at "tmstbusttog" as both
Ineffectual and undesirable. But oar
ecoDomie progress woQld have been mQ(^
slower had It not been for the Sherman and
Federal lYade Commission Acts, and a still
stronger effort at enforced eompeti'^on would
be all to the good. Why, for example, shotild
not the giant Industries be split up into al-
most as many companies as there are pro-
duction units? Could not the giants in
autos, chemicals and steel be further sub-
divided? Thoee who say they brieve in a
free competitive system cannot properly ob-
ject to such a policy, for It wo\ild Introduce
more competition and at once lower prices
and stimulate effort and output.

This is one of the advantages of foreign
competitioD. whltii has already had a stimu-
lative effect upon our autamoUle. steel, and
electrical equipment industrlaa.

What role do wage ratea and unloa work
rules have in all this? Undoubtedly, some
unions have succiunbed to the prevmUlng
social and boslniws ethic at getting as mnch
for themselves as possible — tn-espeetlve of
social oonaequenoes. They have aaen their
emplo3rer8 follow this policy, and admoal-
tlCMis that they ehouid (k> differently have
naturally seemed insincere. If a new spirit
can be breathnl into industry, if the dis-
tinction which Thcrsteln Vebien used to
draw between the making oC goods and the
making erf money coukl be greatly narrowed,
tinere would also be aa improTe(nan.t in the
practices of unions. llUs eoold be aided by
pertodie conferences om productivity and by
I»ovldlng adequate protectJon. as well aa by
the retraining ot displaced workers, so as to
lessen the working man's fears of new prac-
ticea and machines.

zMnujvaMuira zw ooautt

But progress Is not merely a mechanical
manipulation of adding more physical units
of labor and capital and then utilizing dese
units more fully and effectively. Earlier
studies by one of the present authors laid
overwhelming stress upon such purely quan-
titative factors taer the period from 1890 to
1922. and this emphasis may have been most
pertinent to that time. But this explana-
tion does not suffice for Uie last four decades.
There is every todfcatlon Instead that im-
provements to the technology of d^tal and
In the ^ins and education of the labor
force, as Prof. Theodore Scbultz has oooi-
puted, account for from one-half to two-
thirds of the total increase In our prodtic-
tlvlty.

The methods by which toventions and the
spread of technology can be fostered are not
mysterious. Private enterprise and true com-
petition are certainly powerfril forces. Mo-
nopolies and MgnesB may furnish the re-
sotirces but do not provide the incentive to
innovate. Smaller and more competitive
units would probably do better. But this Is
not an the story. For public action can help
aa well. We sometimes forget that the
present huge IBM calculators have been de-
veloped from the Hollerith machine which
was first used in the census of 1900. Simi-
larly the whole field of atomic energy which
may either destroy or reframe the world has
l>een financed from public funds and largely
ecmdueted by ocmproflt groups. Other break-
througha which may be Impending ara the

. iS 1

418

f «

CONGRESSIONAL RECORD — SENATE

Janwary 9

•eonomlcal deaallnlnatlon of sea water and
the artificial manufacture of chlorophyll.
These would literally change the face of the
earth and are enterprleee which are too huge
for private reeoiu-ces to cope with.

A large part of the research work done In
defense plants Is now financed and stimu-
lated by the National Government. It Is only
proper that advances In technology obtained
through public funds should be used for the
benefit of the general public Instead of being
locked up under the private patent system
for the primary benefit of the firms where
the subsidized research and development
were carried on.

If we are to attain the 4.5 percent rate of
growth we believe is realistic, we should also
Institute a thoroughgoing reexamination of
our patent system, to see if the right to ex-
cl\istve use or dlsxise of Inventions does ade-
quately stimiilate research and its practical
utiliaation, or whether it helps to build up
monopolies and retard the successful general
spread of Innovations. Competent students
of this subject, such as Floyd L. Vaughn,
have long advocated a compulsory leasing
system as being preferable to our present pro-
vision of exclusive use. Certainly this ques-
tion should be speedily and thoroughly ex-
plored.

In o\ir estimates of an attainable 4Vk-
peroent rate of growing we did not include
galiis resulting from Improvements In the
quality of human effort. Tet this should
have a longnin effect and can, in fact, be
further stimulated. For even In material
terms Investment In people Is productive.
ICanklnd Is both an end and a means. Edu-
cation is not only worthwhile In Itself, but It
also makes men and women more produc-
tive. Experiences with the many millions
trained under the OI Mil of rights proves
this. We should make such educational
opportunities more available to all, but es-
pecially to the presently handicapped classes,
•uch as the lower Income groups, Negroes,
Latin Americans — and women. This would
release a great deal of latent ability which
otherwise lies fallow. This Is one of the
reasons why Federal aid to education would
ultimately more than pay for itself. Simi-
larly, competitive scholarships for the needy
and especially gifted would be highly
desirable.

Is not better health also a productive in-
vestment? TO reduce the days lost from
sickness; to raise the level of vitality while
at work and to prolong the years of working
life would all raise the material productivity
of life as well as adding value to life Itself.
Tuberculosis and formerly dread fevers have
largely been conquered, but cancer, heart
diseases and the crippling diseases have not.
We need more research In these fields and
also more adequate provision for making the
curative processes of modern medicine more
available to the lower Income groups In thte
population. And here too the FedersJ Gov-
ernment must play an increasingly Impor-
tant role.

Similarly, the conservation of otir natural
resources, the protection of an adequate
stand of timber, the provision of facilities
for recreation and the preservation of the
places of natural Iseauty and historic Interest,
the purification and proper use of our water
supplies, the economical desallnlzatlon of sea
water, all are great and productive tasks.
Likewise, slum clearance and urban renewal
together with better housing for low Income
families are productive Investments, for they
diminish Illness, reduce fire, police and hos-
pital costs, decrease Juvenile delinquency and
crime and help to provide an atmosphere that
encourages lives to be usefully spent. Such
public Investment Is not, as many charge, a
waste. On the contrary, properly conducted
they at once make for a better life for all, as
well as a greater national product.

Aa a former Pennsylvania Congressman al-
ways used to shout, "Where Is the money

coming from" for the necessary public In-
vestment? The answer Is fourfold:

1. From the redxictlon of wastes and Im-
proper business subsidies. The wastes In the
procurement, handling, and disposal of mili-
tary supplies run Into the billions of dollars
a year. The subsidies to airlines abroad; to
shipbuilders and ship operators; to huge
sugar, wheat, corn, and cotton farniers; to the
slick mass circulation magazines and news-
papers, come to additional billions. A truly
thrifty and humane government would either
eliminate or greatly reduce these wastes and
save at a minimum from $4 billion to $6 bil-
lion a year. This, the present administration,
for all Its talk about budget balancing and
fiscal responsibility, has stubbornly refused
to do.

2. From plugging such tax loopholes as
excessive depletion allowances for gas, oil
and sulfur, abiises in business expense ac-
count deductions, the failure to provide for
the withholding at the source of the basic
Income tax on dividends and corporate in-
terest payments, the 4-percent dividend
credit, stock option, and capital gains abuses,
etc. The correcton of these Injvistlces could
save from $4 billion to $6 billion a year, some
of which should be used to reduce tax rates.

3. From the Increased rate of growth it-
self. As we have seen, a 4Vi-i>ercent growth
rate would give In the very first year $10
billion more of gross national product than
a 2>/2-P®>'cent rate. With the same tax rates
this would yield $1.7 billion more revenue
to the Federal Government and additional
sums to State and local governments. At the
end of 15 years, the difference In Federal
revenues In that year alone would be around
$45 billion, while huge added sums would
have accrued In the meantime. In other
words, once a higher growth rate is stimu-
lated by wise policies, it can largely finance
Its own continuance and enhancement.

4. Finally as we shaU see In the paragraphs
devoted to Federal Reserve policy, the Gov-
ernment can properly claim a share of the
profits resulting from the creation of an In-
creased money supply.

With thrift, foresight and courage, we can
therefore obtain the funds needed for pro-
ductive Investment.

Let us not t>e afraid to Invest In the future;
to invest publicly as well as privately in hu-
man beings as well as in machines; in edu-
cation as well as In technology; In natural
resources as well as in manmade objects. In
things spiritual and esthetic as well as ma-
terial.

THX OONSSQtTXMCXS OF HIOH INTXaXST

Finally let us oome to the question of In-
terest rates and their effect upon growth,
employment, and price levels. We are as
much opposed to the Federal Reserve peg-
ging the price of Government bonds through
unlimited ptu-chases In order to maintain
artificially low Interest rates as we were

In 1961 when the senior author was largely
responsible for Inducing the Truman admin-
istration to give up this practice.

But what Is commonly Ignored by the
financial community and by those who take
their cues from It Is that under this adminis-
tration the Treasury and the Federal Re-
serve have worked closely together to raise
Interest rates to an artificially high level.
Under Mr. William McChesney Martin of the
Federal Reserve, the money supply has been
allowed to Increase at the rate of only 1.7
percent a year, or appreciably less than even
the low growth rate of 2.4 percent. This
in Itself has operated to Increase interest
rates by forcing a more spirited bidding for
loans In relation to the supply of credit.
The Reserve rediscount policies have fur-
ther contributed to the same end both by
increasing the cost of redlscountlng and by
exerting a psjrchologlcal Influence upon the
market and upon the other Interest rate*.
The policies of the Treasury have operated
In the same direction. At the very begin-

ning of the Eisenhower administration they
raised the Interest rate which the Govern-
ment paid on long-term bonds from a>4 to
3^ percent. Some Increase may have been
in order but not such a Jtunp aa was put
Into effect. This was proved by the fact that
after issue, the bonds speedily rose to an
appreciable premliun. It Is significant that
from 1953 to the end of 10SO, the Treas\U7
has accepted the advice of the American
Bankers Association with respect to the In-
terest rate and maturity on new Government
security Issues In 84 percent of the cases, and
In only 16 percent has it rejected their rec-
ommendations. (In 5 percent more of t£ie
cases, some majOT changes were made in the
recommendations of the ABA.) In the last
year of the Truman administration, this
advice was rejected in 37 percent of the
cases.

The basic rates on issues of Government
securities have therefore been largely set ac-
cording to the wishes of the banking profes-
sion. Imagine the outcry If the Department
of Labor were given the power to set the basic
wage rates In the co\intry, and if in flve-
slxths of the Instances In which It ao acted,
It did so according to the advice of the
AFL-CIO.

The result. In our Judgment, has been to
give us an Interest structure which Is higher
than It would have been under purely com-
petitive conditions, were the Government and
the Federal Reserve neutral. Perhaps they
cannot be completely neutral, but certainly
they have erred on the side of an excessively
high Interest rate.

As we have said, there Is no Indication that
these higher rates have encouraged saving.
They have certainly discouraged investment
In housing and by small business. They have,
therefore, held down production, retarded
employment, and maintained an unduly
high rate of unemployment.

A S-POINT PaOOBAM

The sound remedies for these practices

were pointed out by our Joint Economic
Committee In our report on "Employment,
Growth, and Price Levels." They are:

1. To use fiscal policy to a much greater
degree to remedy excessive business fluctua-
tions instead of depending almost exclusively
upon monetary policy. This wotild mean
bigger surpluses In periods of prosperity and
rising prices, to be obtained by plugging tax
loopholes, etc. It would also mean quick
and temporary reductions of tax rates a* a
recession started and imemployment roM
sharply.

2. The Federal Reserve should expand the
money supply at approximately ttit same rate
as the growth in the real gross national prod-
uct. This would be nonlnflatlonary and
should Indeed lead to a stable general price
level. The Federal Reserve attributes Its
■lowing down of the rate of Increase In tlie
money supply to the need to compensate for
the increased velocity of bank credit. But
this very Increase was in turn primarily
caused by the higher Interest rates which in
turn were Influenced by the relative shortage
of credit. For with bank loans costing more,
business cut idle bank balances to the bone
and did the same with their physical Inven-
tories. This raised the rate of tiimover or
the velocity of bank deposits. Thus the Re-
serve's chain of logic was very faulty. A
lower rate of Interest resulting from a more
ample supply of bank credit would have
lowered the velocity of bank deposits and
hence would have largely swept away the
argument for dampening down the rate of
growth of the money supply to a figure
markedly below the Increase in the real na-
tional product.

3. The Reserve should expand the money
supply at a proper rate primarily by means
of open market operations rather than as In
the more recent past by lowering reserve
ratios. The Government would thus get its

1961

CONGRESSIONAL RECORD — SENATE

419

present eomriTnl— ton ot oos-ctzth at tht ex-
pansion in monetary purchasing power. In
this connection it should never be forgotten
that this power Is vested completely in Con-
gress, Lc article I. section 8: "Coiigreas shall
have the power to coin money and regulate
the value thereof." Proper .expansion
through open market operations rather than
by lowering bank reserve requirements would
bring added revenues of many huiulreds of
millions ca dollars a year to the Government
which over a decade would amount to huge
sums.

4. In doing this there Is no reason on
earth why the Reserve should confine Itself
to purchasing short-time bills only. This Is
a delusion of Mr. Martin's with which few
monetary experts agree. The purchase of
long-time bonds tj the Reserve to provide
the needed secular grovrth rate in the money
suK>ly would exert a stabilixing and some-
what lowering influence on interest rates
without the slightest taint of pegging the
market.

8. The Treasury should put its long-term
Issues up for competitive bidding instead of
Issuing them as par in general accord with
ad vice given by distinctly interested parties.

Along with these reforms, the Treasiiry
Bhould seek to broaden the market, cultivate
new sources of investment, and sell its long-
term bonds to a greater degree when intsrast
rates are comparatively low. To prevent ixn-
due speculative swings in the bond market, as
in 1966, margins should probably be required
€3l the customers who buy from the 17 traders
exclusively handUng the Oavemmsnt bond
market.

All of these measures should tend to reduce
the general level at Interest rates. They
would Increase output and employment and.
consequently, growth without inflation.

Such are the economic Issues facing the Na-
tion. They may seem abstract. But they
are not. They are at the heart of politics in
1960. Upon their oorreet solution may hinge
not merely the maximum prosperity of o\u-
economle system, but possibly its ultimate
siUTlvaL The stskes are sufficiently impor-
tant for us to try to understand the Issues
and to nuUce an Informed choice.

CW»T,I SWOX TO A mew I.BAOnSHIP

A final question must be asked: What
would a new Presldeat and a new admin-
istration have to do to put these economic
policies into effect? How could it be done
when Congress is run by the Republlcan-
Dtxlecrat coalition, when the seniority rules
give such authority to some who fundamen-
taUy disagree with the platform of the party
and refuse to support Its nocniikees, and when
the House Rules Committee and the Senate
filibuster rule give to small minorities a veto
over progressive legislation.

There are several answers. Foremost
among them la the power of the President to
lead. When, as now. the President and his
administration gloss over xmemployment at
excessive le%'els, when Inflation Is named Pub-
lic Enemy No. 1 thoug;li the economy has
serious problems with deflation, when a bal-
anced budget at low levels of receipts is put
ahead of adequate growth and adequate
budget surpluses, and when policies to use
fully or further develop both our human and
oiu* natural resources are opposed as "wild
spending," little can be achieved even with
mammoth efforts by liberal legislators.
Therefore, the first obligation of a new Presi-
dent Is to give the pubUo some better eco-
nomic education. Then the legislative
branch can move because public opinion will
be behind it.

Second, the new President must prepare
a budget which does meet our needs. It
would include adequate funds for defense
and for the domestio programs needed to
Improve the skills and health of <mr people
and jiropmrlj develop oar resonroes. And It

should further provide for an adequate sur-
plus to offset any Inflationary pressure.

The President must not only send to Con-
gress a budget to carry out these new pro-
grams but put Into effect fiscal and mone-
tary reforms so that they can properly be
paid for. This means, especially, tax reform,
changes to Improve the automatic economic
stabllteers to promote economic growth and
stability, and administrative efforts to root
out wasteful practices and Inefficiencies.

The Mggest reason for the slow growth in
recent years has been the fact of two reces-
sions and the failure to recover adequately
from the second one. A President who
quickly and decisively Introduced proper
budgetary and fiscal policies when a reces-
sion threatened, who shored up and Improved
the automatic stabilizers before they were
needed, and who saw to It that cute or In-
creases in defense orders were matclied by
countercyclical actions elsewhere in the
economy, could both help to prevent a reces-
sion or mitigate Its effects when It hits.

He could cut back on waste and excessive
subsidies through budget procedures. He
could sign depressed area bills when passed
by the Congress. He coxild press for school
aid and health programs instead of using
his power and Influence to see that they were
blocked. He co«ild place men in key posi-
tions who were In sympathy with progress
rather than fearful of it.

If elected he should Immediately gather
together a group of tax experts to prepare
tbe detailed provisions for tax reforms so
that he could move quickly in the early days
of his tenure. The power to authorize public
works projects, to appoint Judges, and to
grant legislative requests could be and
Bho\ild be used to lead wa3rward Congress-
men to support his general program. In a
word he should use the full power of his
ofllce to attain his ends. A President who
understands the power of his ofllce and who
is willing to exercise It can achieve these
goals even against all the laarriers and bur-
dens placed in his way by the legislative
process, by the groups with special and
parochial Interests, and by those whose sights
are set too low.

UU.'S CRITICAL QUARTiK YEAR

Mr. MORSE. Madam President, on
December 20, 1960, there appeared in
the New York Times an editorial enti-
tled "U.N.'s Critical Quarter Year."

The editorial concludes:

llie TTJT. could jret go the forlorn way of
the lost League of Nations. Oiur own Gov-
ernment and all free governments must
stand firm and xuilted to prevent this calam-
ity.

My experience at this session of the
General Assembly described in the edi-
torial bears out the conclusion stated in
the editorial. The fight being waged to
preserve the effectiveness of the United
Nations is, in fact, part and parcel of
the fight for world peace and must be
continued in every way in which our
country is capable. ^

I ask unanimous consent to have the
text of this editorial printed in the Cow-

GRESSIOITAL RECORD.

There being no objection, the editorial
was ordered to be printed in the Record,
as follows:

UJI.'s CamcAL QUABTxa Teas

Tbe UJK. General Assembly is winding up
one of the most dangerous 3 months in its
history. The atmosphere has not been good
or promising since Premier Khrushchev sailed
tnto the last Blver on September 19 for
almost • month's stay.

Mr. Khrushchev^ decision to come here
rssulted In an abortive siunmlt conference to
whleh came such personages as Castro, Tito,
Gomulka. and Nasser. All of lu. and espe-
cially the harassed New York City poUce, wIU
long remember the days of the sirens, the
mob scenes in the streets and the rowdy
barroom spectacles sometimes produced in
the Assembly Itself. We wlU, of course, re-
member that Prime liCnister Macmlllan.
Prime Minister Nehru and King Frederlk of
Denmark also came, saying what they had to
say In a modest and quiet manner. But It is
Khrushchev's shouting and desk pounding
and Castro's dismal hours of inflated oratory
that will linger In ovnr memories.

The Assembly does not really debate — it
declaims. It does not pass laws — It votes on
resolutions. Tet It has authority: When the
Security Council Is paralyzed, as it usually
is on serious questions, the Assembly can act.
The Assembly can sxistain the Secretary Gen-
eral in his Congo program, as It can admit
17 new nations, mostly small ones, thereby
adhering to a nobly democratic principle but,
at the same time, changing Its own structure
and Its own nature. The veto power in the
Assembly now lies with the Uttls *frtran
and Asian nations.

The Assembly makea history, after its own
fashion, with patience and sometinMs with
fury. It can vote unanimously for con-
structive steps to reduce world tensions and
then sit In long-suffering silence while one
member, ttie U.8J3JI., viciously denounces
another member, the United States of
Anaerlca. It can sit all day, and until 4
o'clock or later in the morning — a herloc
act for many oT its aging delegates. It be-
haves as though it were rnnirfng history, and
perhaps It la doing so. Now it nears the end
of the first part of this 15th session. The
curtain may be rung down today before mid-
night, CO* perhaps not until the mii^Ttt^n
begins his rounds tomorrow mc«^ilng, or
even later. T^e Russians have been de-
feated in their drive to resume talking in
mid-January. They will have to wait nearly
3 months, when possibly the new American
delegate, Adlal Stevenson, will be moved to
make a new and appealing speech.

The issne is not yet certain. The United
Nations Is already feeling throughout Its
whole structure what the Secretary General
has called the corrosive effects of unfriendly
and imfair attacks, llie UJi. could yet go
the fco-lom way of the lost League of Na-
tions. Our own Government and all free
governments must stand firm and united to
prevent this calamity.

Mr. MORSK Madam President. I
had intended to introduce another bill
this afternoon, but, because I intend to
Introduce it in behtJf of myself and my
very able colleague who now presides
over the Senate [Mrs. Nkuberger], I will
postpone introduction of that bill until
either later today or tomorrow, because
I should like to engage, as I am sure my
colleague would, in a brief colloquy on
the floor. Therefore, I yield the floor at
this time.

PREFERENTIAL TAX TREATMENT
OP INCOME EARNED ABROAD AND
THE NEED FOR DISCONTINUATION

Mr. GORE. Madam Presid^it, the
times in which we live are marked by
pc^tical, eccmomic and social revolution.
A new President will imdertake an un-
precedented burden of leadership next
week. His voice will be the voice of free-
dom heard around the world. It will be
the voice of freedom and it must be
strtmg.

mi

■■I

420

CONGRESSIONAL RECXDRD — SENATE

January 9

•f O ' ^

ii«

y

fMi

T

We are rich In both human and ma-
terial resources. We have the tools and
we have the know-how; we have the
basic urge of freedom to spur us on. I
believe and I pray that President Ken-
nedy will provide the leadership essen-
tial to a destiny of greatness.

Yet we face problems of most serious
proportions. At home our economy is
lagging and our ability to meet our re-
sponsibilities abroad has, by some, been
questioned. The image of America as a
vital society surging forward to new
heights has been blurred.

Our difficulties with the balance of
payments and the recession at home are
in large measure symptoms of a single
malady — our failure to follow coriect
policies and to pursue vigorously pro-
grams of action designed to make maxi-
mimi use of our resources for the de-
velopment of a strong and expanding
economy.

Any effort to examine analytically in
one speech all the many facets of the
problem would, of necessity, be limited
to a statement of generalities. Fiscal
policy, tax policy, monetary policy, inter-
national trade, education, health, full
employment, and other broad subject
areas are integral elements of overall
national policy. I hope from time to
time to contribute to a discussion of
several of them.

Today, however, I shall confine my re-
marks to one aspect of tax pwlicy which,
in my opinion, has contributed material-
ly to our balance of payments difficulties
and which, at the same time, has ad-
versely affected economic health and
progress at home. I refer to provisions
of our tax structure which give prefer-
ential treatment to income earned
abroad by U.S. taxpayers. I discuss this
today in the hope, perhaps farfetched,
that it will catch the attention of either
the outgoing and incoming Presidents
or their fiscal advisers. Cooperation on
this Issue between the outgoing and the
incoming Secretaries of the Treasury -
could prove quite helpful. I will, of
course, solicit the views of Mr. Douglas
Dillon on this subject.

Mr. LONG of Louisiana. Madam
President, will the Senator yield?

Mr. GORE. I yield.

Mr. LONG of Louisiana. I wonder if
the Senator would not agree with me
that it might also be well that we seek
to determine the views of the outgoing
Secretary of the Treasury on the balance
of payments problem, because he has
been very much concerned with it, as the
Senator knows, and has had much con-
tact with that problem. Perhaps we
should seek to obtain his views on the
subject before he turns over the re.«!pon-
sibilities of his office to his successor.
Last year I believe he gave us some very
enlightening information on that sub-
ject, and I would hope we might obtain
his views before he relinquished his
office.

Mr. GORE. I should be delighted to
receive them. I doubt that this should
be allowed to interfere with the hearing
on the confirmation of the nomination
of Mr. Dillon to be Secretary of the
Treasury, but after the committee has
arrived at its decision on that problem it

would, in my opinion, be fruitful to hear
Secretary Anderson.

Mr. LONG of Louisiana. I did not at
all mean to suggest that this should in-
terfere with the confirmation of the
nomination of Mr. Dillon. I had in mind,
in view of the fact that Mr. Anderson
has been very much concerned about this
matter, and justly so, for the past year,
at least, that it might be well for us to
obtain his views on it before he leaves
office.

Mr. GORE. The able Senator, as
usual, has made a very provocative
suggestion.

During the period 1958 to 1960, inclu-
sive, we ran a cumulative deficit of about
$12 billion in our balance of payments.
In other words, our payments to for-
eigners have exceeded our receipts from
foreigners during this 3-year period
by about $12 billion. Foreign dollar
holdings have increased to a level which
has caused concern.

U.S. gold supply has been reduced by
about $5 billion worth of gold during the
past 3 years, and our gold stock is
now down to about $18 billion. Since
we do not have an International banking
organization or the debt management
machinery adequate to handle inter-
national transactions of this tjrpe and
magnitude, this continued large pay-
ments deficit poses a number of serious
problems. The soundness of the dollar
is brought into question. This, in turn,
creates dangers for international eco-
nomic security because the United States
is the free world's banker. This adverse
balance and lack of more sophisticated
and adequate international monetary fa-
cilities threatens to inhibit the United
States for the time being from putting
into effect fiscal, monetary, and debt
management pohcles called for by do-
mestic economic conditions and world se-
curity requirements. Remedies and re-
forms should be earnestly and quickly
sought both at home and in new Inter-
- national concerts, else other and more
unwelcome measures may be necessary.

Many reasons for our deficit In inter-
national payments have been advanced.
It has been said that American goods
have been priced out of foreign markets
and that prices, particularly wages, must
be lowered if our goods are to be com-
petitive.

Some contend that we must restrict
imports in order to have a favorable
balance.

Some have contended that, since for-
eign aid and military spending abroad
contribute to this imbalance, we must re-
duce foreign aid spending and reduce
the number of U.S. troops overseas.

There is some measure of validity in
all these approaches to the problem. We
have lost our oversea markets In certain
commodities and certain areas. For the
most part, such losses have occurred in
the products of industries such as steel
where administered prices are the rule,
and where the price structure has. there-
fore, been distorted. An examination of
export statistics will show, however, that
while we have lost some of our export
markets in certain lines, we have gained
others. Overall, our exports of mer-
chandise continue to run well ahead of

imports. For the third quarter of 1960.
the latest i>eriod for which I have statis-
tics, exports of merchandise showed a
surplus over imports of $5 billion on a
seasonally adjusted annual rate basis.
Despite this large surplus in merchan-
dise, however, our total transactions
showed a deficit of $4.1 billion on an
annual rate basis.

Our problem, then, does not arise be-
cause imports of goods and commodities
exceed exports, although the balance of
payments situation could, of course, be
eased by a further increase in exports
of merchandise or a decrease in imports.

Our balance-of-paymenta problem
certainly would be eased if we reduced
our spending for foreign aid and reduced
the numbers of our military forces over-
seas. But the requirements of Interna-
tional security, if they are at all valid —
and I think they are — necessitate solu-
tions other than abandonment of our
free world commitments and obligations.
If it is necessary for the security of the
United States and of our allies to deploy
armed forces overseas, this need cannot
be sacrificed to balance of payments
considerations which are narrowly tied
to gold. Neither can our urgent social
and economic needs at home. Indeed,
an adequate program of international
security requires vigorous domestic
progress — cannot be sustained without
domestic progress.

Of course, we need to review on a con-
tinuing basis all our policies, both for-
eign and domestic, to Insure that our
policies are right for today, and are not
simply a continuation of past policies.

The balance-of-payments problem has
been acute for 3 years, yet only recently
has it been officially acknowledged as a
problem. And, even then, inadequate
measures have been taken.

One of the factors which seems to
have been largely overlooked by many
who have analyzed our balance of pay-
ments Is the increased flow of private
capital abroad and the uses to which
that capital Is being put. This capital
outflow shows signs of continuing to ac-
celerate. Effective curtailment of this
outflow would bring our balance-of-pay-
ments problem into manageable propor-
tions. The direction of capital outflow
into proper areas and proper activities,
on the other hand, would bring further
benefits.

It is indeed surprising that nothing
has been done and so little has been pro-
posed when the regulation of the out-
flow of capital is such an obvious solu-
tion, at least In part, to such a pressing
problem. This is even more surprising
when cmc reflects that most of this out-
flow is brought about by provisions of
our own tax laws that are unfair in the
first place. We continue, through tax
favoritism, to lend positive encourage-
ment to an increased flow of capital
abroad. One could rationalize such pref-
erential treatment as long as an argu-
ment can be made that national pur-
poses are served. But the Congress and
the administration have persisted in
providing this subsidy to foreign invest-
ment long after its detrimental effects
were obvious. Indeed, last year the
CcMigress, over my strenuous but un-

1961

CONGRESSIONAL RECORD — SENATE

421

availing oppoalticm. enacted legislatioii
to worsen this already bad situation.

I wish to examine rather briefly, be-
cause an exhaustive discussion xnight
take several hours, the flow of capital
abroad and to relate this flow to our
balance of payments deficit and to our
faulty method of taxing income earned
abroad, a method which is heavily
weighted in favor of foreign investment
and against domestic investment.

Following the end of World War n,
American investors were encouraged to
Increase their holdings abroad in order
to rebuild the economies of those areas
devastated by war. It was necessary, in
order to guarantee political and social
stability In Western Europe and Japan,
to restore economic stability. This ob-
jective was quickly accomplished, and
by 1950 the economies of the countries of
Western Europe and Japan were suffi-
ciently strong to allow them to begin a
buildup of their gold and dollar reserves.
There was no longer a need, so far as
they were concerned, for Increased U.S.
Investment within their borders. They
may have beneflted thereby, but the bal-
ance-of-payments situation did not in-
dicate such a need.

But with a booming economy in Eu-
rope and plans for the inauguration of
the Common Market, the already large
flow of capital Into Europe was stepped
up.

Now, there are three general types of
private foreign investment, direct, port-
folio, and short-term. They generally
respond to s<miewhat different stimuli.
Short-term fimds are likely to flow liack
and forth in response to shifts in short-
term interest rates. This Is one reason. I
might say parenthetically, for the Federal
Reserve Board to abandon its discredited
bills-only policy so that long-term rates
may be reduced while short-term rates
are held to less violent fluctuations.

Direct private Investment abroad is,
perhaps, most responsive to tax policy
and has, furthermore, more important
long-range effects which I shall discuss
later.

There Is a general lack of understand-
ing of the magnitude of our foreign in-
vestment and particularly of the rate at
which it Is Increasing.

Our Investment abroad has nearly
tripled during the past 10 years, and di-
rect private investment now totals about
$32 billion. Our investment abroad is
growing cvirrently at an estimated rate
of about $3.5 billion per year. We are
s'nding abroad about $2.5 billion per
year in new money. This far exceeds our
annual average loss of gold.

No suggestion has been made by the
administration that this large outflow of
private investment capital be reasonably
regulated, even thotigh the United States
and West Germany stand alone in fail-
ure to require foreign capital investment
to c(Hnply with established national pur-
poses. So long as the national interest
is not adversely affected, freedom of
capital movMnent by VB. citizens and
corporations is, of course, desirable.

Even more strange, neither an admin-
Istraticxi suggestion has been made noc
a congressional act has been taken to re-
peal the positive tax Incentives that stim-
ulate the very capital outflow that has in

very large part created the imbalance of
international payments.

Such Inaction is intolerable, as I see it.
both because preferential tax treatment
of proflts earned abroad Is. in the first
instance, discriminatory and highly in-
equitable and, in the second place, is now
adversely affecting the national Interest.
Not only do we continue tax incentives
for foreign investment through granting
foreign tax credits, but our faulty tax
structure encourages foreign investors to
keep their profits abroad. This prevents
our receiving large payments from
abroad which would, of course, be on the
positive side of the balance of payments.

Although I do not want to get too
technical, I might say a word here about
our statistics. Generally speaking, they
are regarded as being quite good, and yet
I find some disturbing points. For one
thing, I believe we have grossly under-
estimated the outflow of capital in re-
cent years. In 1957, for example, our
statistics show direct private investment
of $2,058 billion. A very thorough study
and survey by the Department of Com-
merce just recently released shows that
this figure should be about $2.5 billion.
In oUier words, there were a great many
transactions in which American corpo-
rations sent capital abroad which were
not recorded. There has always been a
large, too large In my opinion, item la-
beled "errors and (nnissions." During
1960 this item showed an extremely large
negative swing which indicates, among
other things, that there is an increased
flow of f imds out of the country on unre-
corded and unreported transactions. I
do not want to belabor this point, but It
should be considered. Last year the
Congress did enact legislation which I
proposed to require additional reporting
of certain activities and I hope this will
result in the Treasury at least knowing
more about what is going on, even if not
too much can be done about it pending
further legislative action by the Con-
gress.

Up to this point, I have been empha-
sizing the outflow of cm>Ital in relation
to oiu* balance-of-payments problem.
This is perhaps a short-range problem,
although a serious one. There are other,
and perhaps more disturbing, aspects of
the present large outflow of capital.

In the first place, entirely too much
of the present outflow of funds is going
Into manufacturing facilities. This has
the effect of setting up competition for
om* exports, particxilarly to Europe and
the United Kingdom.

It has been claimed in the past that
our foreign Investment was designed to
advance international trade, and thus
our own exports. It is interesting, and
somewhat alarming, to note that today
only 10 percent of our foreign direct in-
vestment is going into marketing activi-
ties, activities which might encourage
oiu: exports. On the other hand. 85 per-
cent of oiu* direct investment in the
United Kingdom and 75 percent in West-
em Europe currently goes into manu-
facturing activities.

Total sales by American plants in Eu-
rope in 1959 amounted to about $8 bil-
lion. Certainly a part of this $8 bil-
lion worth of merchandise could have
been replaced by exports of American

manufactured items. I think it is un-
necessary to point out that these extra
exports could have balanced our pay-
ments and provided additional jobs here
at home.

The new administration should real-
ize that a continuation of this develop-
ment will give rise to high protection-
ist sentiment that may pose a threat to
international trade programs and legis-
lation. Indeed, this has already oc-
curred to a disturbing extent.

Second. Looking to the future, a con-
tinued buildup of American Investments
abroad could mean that eventually, bar-
ring wholesale expropriation, we will be-
gin to receive large payments from these
oversea proflts. This may soimd good,
but in what form will we receive these
payments? Certainly these foreign gov-
emmmts cannot pay in gold or in their
own currency which, generally speaking,
is worthless to us without conversion.
They will have to pay by our Increasing
imports into this coimtry. This was the
case in Britain prior to World War I.
This may work well for a national econ-
omy which needs disproportionately
large importations of raw materials and
agricultural products. The United
States hardly fits this category.

Third. Large oversea investments,
particularly in manufacturing and the
extractive industries, inevitably revive
the cry of economic colonialism and re-
sult in expropriation or other forms of
discrimination against our activities.
This usually leads to poor diplomatic re-
lations.

We can see this so clearly even now.
We have but to reflect on ciurent events
In Canada where a resurgent spirit of
nationalism is venting Itself on American
enterprise. The people of Great Brit-
ain have recently expressed their senti-
ments in no imcertain terms regarding
the Ford Motor Co. transaction. Events
In Cuba and others In Mexico further
illustrate a cause for concern.

Let me say at this point that a Judi-
cious amoimt of private foreign invest-
ment is helpful. It is most helpful to
the host country, particxilarly when the
economy of that country is in an under-
developed state. But current laws do
not acccxnpllsh this. Instead, they con-
tinue to push more and more investment
into coimtries where it is not needed and
into activities which do our domestic
economy positive harm.

Having demonstrated, at least to my
satisfaction, that our current large capi-
tal outflow is not helpful and is, in fact,
harmful both in the short- and long-
run, let us turn to an examination of the
preferential provisions of our tax law
which cause this large capital outflow
and, perhaps, arrive at some solution to
the problem.

There are two aspects of these laws
which are directly responsible. First,
foreign subsidiaries of UJS. corporations
pay no UJS. income tax whatsoever on
their proflts imtil such time as those
profits are returned to the parent U.S.
corporation. Second, when U.S. income
taxes are paid, foreign Income taxes are
allowed as a credit against U.6. taxes
rather than being merely deducted from
gross income, as is the case with any

V K

422

CX>NGR£SSIONAL RECORD — SENATE

Janvuary 9

oiber item of businen ttcpense. Indud-
ing paarment of taxes to our rovectlTO

I

Let m eooBtder first the f oreten sob-

sldiary. Just what is the value ol the
tax deferral in thla Instaiice?

A recent study by the American Man-
agement Asaodatkxi shoma that the re-
investment of foreign earnings over a
3-year p^iod can provide "roughly dou-
ble the rate of pnMBt accumulation for
reinvestment that is possible under do-
mestic tax schedules." This, of course,
encourages the retaatioa and reinvest-
ment abroad of the earnings of foreign
subsidiaries and discourages the re-
patriation of earnings.

Because of this deferral in taxation
until repatriation, the foreign subsidi-
ary gets the advantage of an interecA-
free loan in the amount of the tax which
it should be paying to the United States.
This will operate as long as profits are
not lMt>ught home.

This is roughly equivalent to delaying
the payment of the Federal income tax
(OX the profits of a domestic corporation
until such time as the corporation pays
a dividend, and then taxing only so much
ol the profit as that dividend represents.

The domestic subsidiary corporation,
then, is under a tremendoios comF>etitlve
disadvantage as compared with the for-
eign subsidiary of the same parent cor-
poration. It would be only natural for
the parent corporation to push the ex-
pcmsion of its foreign subsidiary at the
expense of its domestic subsidiary. Ad-
vantages are available to a corporation
with a foreign subsidiary over a C(xn-
peting corporation without a foreign sub-
sidiary.

Figures fnmi various American com-
pcmies beau: this out. In 1958 UjS. busi-
nesses spent 17 percent of their total
capital outlays overseas; 1959 showed a
continuation of this trend. As for spe-
cific companies. Qoodyear Tire & Rubber
Co. expected to spend nearly half its total
expenditures In 1960 for expansion and
modernization overseas. General Motors
exi>ected to spend $200 million to expand
foreign subsidiaries. Firestone has been
spending 25-30 percent of its capital out-
lays abroad. Kaiser Aluminum expected
to spend about 80 percent of its total
capital outlay abroad diurlng 1960. Many
other similar figures could be given. We
are familiar with the recent Ford Motor
Co. proposal.

One particularly imdeslrable practice
has grown up recently because of this
and other aspects of our foreign tax laws.
I refer to the reinsurance gimmick for
tax avoidance. Perhaps that Is a strong
term, but I believe It is deserved. In re-
cent years, Insm-ance companies have
been organized In tax haven countries
abroad for the purpose of reinsuring
policies of domestic companies. There
are. of course, legitimate reinsurance op-
erations. What I refer to, however, is
the setting up of a dirnimy company for
the sole purpose of transferring profits
from a domestic company to a foreign
company so that such profits will escape
taxation currently, and eventually be
taxed at a greatly reduced rate, if at all.

Third country tax havens for manage-
ment or holding offices Is another favor-
ite tax avoidance device.

Now, let us oonsirtrr the method of

computing the UJ3. tax on inoome earned
abroad when such Inoome Is taxed at all.

Basically, the difficulty and the mwdn
point of favoritism here is that our tax
law provides that foreign iiMsome. war
profits and excess profits taxes may be
credited so as to crfTset most of the TJS.
tax. rather than merely being allowed as
a deduction along with other business
expenses. This amounts to a sizable sum
of money. Claims for foreign tax credits
run well over $1 bUlion per year, and
would be much higher, of course, if sub-
sidiaries repatriated their profits rather
than retaining them overseas for expan-
sion or profit accumulation.

Allowing any item of expense or ex-
penditure as a credit against taxes vio-
lates sound iirlnclples of taxation. AH
such items, where it is proper to consider
them at all. should be treated as business
expenses and deducted from gross in-
come In arriving at the net income sub-
ject to applicable tax rates. I have long
advocated the repeal of the foreign tax
credit, it being basically unsound in prin-
ciple and discriminatory in practice.

The Congress of the United States,
since our present Income tax laws first
became effective in 1913. has always
maintained the right to tax the income
of UjS. citizens or corporations on a
worldwide basis. The Congress has
never siurendered the right to tax, or to
legislate concerning the taxation of in-
come of U.S. citizens and corporations
earned anywhere in the world.

The proper handling of multijurisdic-
tional taxation, foreign or domestic, has
long presented a program. Prior to 1918
all foreign taxes, including income taxes,
were treated as deductible expenses Just
as were taxes levied by States or local
governments within the United States.
As a matter of expediency or accommo-
dation, and on the grounds that Ameri-
can corporations operating abroad were
allegedly at a competitive disadvantage
with foreign corporations, foreign In-
come taxes in 1918 were placed in a sep-
arate category from taxes imposed by
domestic jurisdictions, and it was pro-
vided by law that foreign Income taxes
could be either credited against Ameri-
can income taxes or allowed as deduc-
ticms from taxable income at the option
of the taxpayer. Taxes levied by do-
mestic Jurisdictions. States, and local
governments, continued to be treated as
deductions frcHn Income. This, of course,
actually operates as a discrimination
against business within the United States
in competition with business In foreign
countries.

There has been at least one determined
effort to abolish the foreign tax credit,
m 1933 the House Ways and Means Com-
mittee designated a subcommittee to In-
vestigate methods of preventing the
evasion and avoidance of the internal
revenue laws, to consider means of im-
proving and simplifiring such laws, and
to study possible new sources of revenue.
This subcommittee, sometimes known as
the Hill subcommittee, rendered a report
to the Ways and Means Conunlttee which
states, in part:

Tour a(ubcominltt«e rceommends eotni^eto
rtlmlnatlon of the provUlon of th* pgtwnt

)*« (MC. 131. B«venue Act U 1032) sUow-
Ing Xonign ii>oom« Ux« to b« crMlitMl
ftg^iTtMt Federal income tax. The preeent
{■ovlilon dlacrioalnatea In favor of American
citlaens and domestic corporatlona doing
tnislneee abroad aa eompved with tboee
doing buslnefls In this country. Tor Inekaaoe.
an American ettlaen who pay* a State ta-
oome tax to only enttUed ondar tba pnaant
law to deduct aoeh tax from hto groai iaeamt
in arriving at hla net Income subject to tbe
Federal tax. He Is not pernoltted to oCset
hto State Income tax against bla Federal
income tax. However. If an American cltl-
sen pays an Income tax to a foreign country,
tbe preeent law allows him. tinder certain
Ilmltatkma. to reduce his Inderal Income tma.
by the amount of such foreign tax. Further-
more, a domestic corporaUon doing busioaas
In this eountry Is also only allowed a deduc-
tion from gross Income for the income taxes
paid to the States. However, an American
corporation doing business abroad, either di-
rectly or through a subsidiary company. Is
entitled, subject to certain UmlUtloaa, to
offset Ita Federal tax by the amount of In-
eome taxes paid to a foreign country. Thto
discrimination Is particularly notloeabto In
▼lew at the recent de<^sion of the Supreme
Court holding that the term "foreign coun-
try" as used In the credit sections means
not only a foreign state recognized In Inter-
national law but any political subdivlikai
thereof, no matter how small.

Under the Revenue Acts of 1913, I91S. and
1917. a taxpayer was not entitled to any credit
for taxes paid to a foreign country. These
early acts permitted taxes paid to a foreign
country to be deducted only from gross In-
come, which was also the rule applied In the
case of State, county, and municipal taxee.

Tour subcommittee Is of the opinion that
taxes paid to foreign eountrles shotild be
treated In the same manner as tasaa p«M
to the States and should only be allovad •■
a deduction from gross Income. It to e«t4-
mated that the elimination of the foreign-
tax credit will increase the OoTemment rev-
enues by about 110 million annuallj.

Unfortunately, the Treasury Depart-
ment opposed this recommendation on
the grounds that a change would injure
American exports and it was killed. I
do not believe such grounds could be
supported today.

Many arguments have been advanced
for continuing and broadening the for-
eign tax credit loophole. Generally
speaking, they can be grouped under
three general headings:

First. The foreign tax credit is neces-
sary to prevent double taxation, llils
argument assumes that double taxation,
that is. the taxation of the same income
by more than one government, is wrong
per se. Our tax laws recognise no such
principle. There Is essentially no differ-
ence, so far as a taxpayer is concerned,
between a State Income tax and an in-
come tax levied by a foreign government.
So-called double taxation Is not avoided
in the case of State taxes by allowing
such taxes to be deducted as an item of
business expense. What is accomplished
is an accommodation which works sat-
isfactori^. The foreign tax credit rep-
resents an accommodation. Just as does
the allowance of the State income tax as
a deduction. Either is a compromise.
The tax credit, however, is wrong In
principle and discriminatory in practice.

Second. It is said that a dollar earned
ansrwhere should be subject to the same
tax. This objective. If it is a proper ob-
jective, is not achieved by the foreign
tax credit. A dollar earned through a

1961

CONGRESSIONAL RECORD — SENATE

423

subsidiary operating abroad does not
bear the same tax burden as does a
dollar earned in New York or New
Orleans.

Third. It ia said that the foreign tax
credit encourages private investment
abroad. This is the argument which is
most often advanced today to Justify tax
preferences to companies operating
abroad. It Is true that a desirable in-
gredient of our foreign economic policy
is an increased private Investment
abroad, provided we can direct the in-
vestment into desired channels and into
the most proper areas of the world.

Even so. I seriously doubt the wisdom
of using U.S. domestic tax policy, par-
ticularly with the general application
thereof, as a means of furthering U.8.
foreign policy objectives. Domestic tax
policy must be measured primarily with
the jrardstock of fairness and equity. I
particularly question the wisdom of
granting domestic tax preference for
income earned in foreign coimtries. At
best, it is nonspecific and generally tends
to confuse, and sometimes defeat, as is
the present case rather than exclusively
to attain specified objectives. There is
a great deal of difference, insofar as the
furtherance of our national objectives
is concerned, between encouraging a
manufacturer to begin assembling auto-
mobiles in Germany and encouraging a
food processor to open a plant in India.
As we now see, the foreign tax credit
may promote imdeslrable development.
There are better, more direct, and more
manageable means of promoting desir-
able foreign investment and develop-
ment.

Several arguments can be made
against the foreign tax credit. I call
attention to three which I consider
pertinent:

First. The foreign tax credit allows
the foreign government to determine
the effective U.S. tax rate, operating
frequently as a preemption.

I have seen the tax returns of one of
America's largest corporations, having
widescale holdings In foreign countries.
For 5 consecutive years Uiat company
paid not one dollar in income taxes to
the U.8. Goverrmient.

It has been alleged that many foreign
governments have tended to adjust their
tax rates to the U.S. rate. Be this as it
may, we have given the foreign govern-
ment, through the mechanism of the for-
eign tax credit, the power to decide
whether the United States can collect
taxes on income of U.S. corporations
earned abroad at the rate of 52 percent.
20 percent, 10 percent, or 0 percent.

Second. The benefits of foreign tax
credits accrue to a relatively few com-
panies. According to a study of this
problem made In 1955. it was then esti-
mated that 40 percent of all foreign
investment Is accoimted for by 10 UJS.
corporations and 71 percent by 62 corpo-
rations. Any concessions made in the
form of tax reductions woud necessarily
accrue very largely to these few corpora-
tions. It was estimated that 25 to 50
corporations would receive half the brae-
flts from any tax reductions, and nearly
all the benefits from such reductions
would be received by 150 corporations.

Third. Benefits accruing to corpora-
tions as a result of the foreign tax credit
do not necessarily further national ob-
jectives. It was formerly felt that most
of the benefits derived from the foreign
tax credit accrued to export operations
and thus benefited the entire American
economy. As I have shown, this does not
now appear to be the case. On the con-
trary, the foreign tsuc credit now encour-
ages the establishment of manufacturing
concerns in foreign countries where
goods are produced which are in direct
competition with American exports or
even become competitive as imports Into
the United States.

Recently I had a seatmate on a plane
ride from Nashville, Tenn., to Wash-
ington. We fell into a discussion of this
subject. I related that, in my opinion,
this development had taken two major
steps: First, the establishment of sub-
sidiaries in foreign countries by U.8.
corporations to supply the markets
which those corporations had built up
in Uiose countries; second, the importa-
tion of the products of the foreign sub-
sidiaries into the United States, to
supply the markets which the parent cor-
poration had built up in the United
States.

He reached under the seat and pulled
out a small transistor radio bearing the
trademark of a well-known U.S. corpora-
tion which manufacturers radios, but al-
so bearing in very fine print, the words
"Made In Japan."

There are many specific points which
I could go into, but which I shall reserve
for detailed discussion at a later date.
These include the utterly unjustifiable
granting of the percentage depletion tax
reduction formula, plus the foreign tax
credit, for foreign oil and mineral opera-
ti<ms; the Western Hemisphere Trade
Corp. provisions which no longer serve a
useful puriJose, if they ever did; faulty
gross-up provisions which result in the
foreign subsidiary receiving both a credit
and a deduction when taxes are finally
assessed against it. But these are really
peripheral, although important matters.

What is needed immediately is the re-
peal of our provisions of law allowing
foreign income taxes to be credited
against XJJS. Inc(»ne taxes, and the en-
actment of legislation to charge to do-
mestic corporations for annual tax pur-
poses the profits made by their foreign
subsidiaries, whether or not such profits
are repatriated. This, in my opinion,
should be done without regard to the bal-
ance-of-payments deficits. The imbal-
ance-of-payments situation, however,
makes such action Imperative. Unless
the removal of the tax incentive reduces
capital outflow to tolerable pr(^?ortions,
then It may be necessary to consider
some reasonable form of direct regula-
tion of large foreign capital investment.

This is but one of the mjniad of prob-
lems with which the new President will
be faced. Like many another, it has an
important Interdependency with the
overall necessity of providing security,
peace, and well-being for our people, and,
so far as we can achieve It, to make It
possible for the people of the free world
to enjoy these benefits.

Mr. CLARK. Mr. President, will the
Senator yield?

Mr. GORE. I yield.

Mr. CLARK. First. I desire to con-
gratulate the Senator from Teimessee
on malung a very real contribution to
our efforts to secure adequate revenue
to put the Kennedy program into effect.

Second, I congratvdate him upon his
astute ferreting out of another tax loop-
hole, which perhaps some of us who
have been working in this vineyard for
the last 4 or more years might have
f oimd sooner.

Does not the Senator feel that there
is a definite obligation on both the House
Committee on Ways and Means and the
Senate Committee on Finance to begin
promptly to hold hearings to uncover
all these inequitable tax loopholes,
through which billions of dollars of
needed revenue are seeping out every
year?

Mr. GORE. Before responding to the
Senator's question, I wish to thank him
for his very generous comment.

The tax reduction brought about by
the Internal Revenue Act of 1954 placed
the Eisenhower administration virtually
in an economic straitjacket, leaving it
without the flexibility to utilize fiscal
policy and other economic means to
bring about stability, on the one hand,
and an adequate rate of growth, on the
other.

With the third recession within this
administration now upon the country,
the new President will take office next
week with, I fear, almost 6 million per-
sons unemployed. Not only does that
mean human tragedy; it also will se-
verely reduce the Government's revenue.

Therefore, it seems to me imperative
that additional sources of revenue be
sought. How are those additional
sources to be foimd? They are to be
found either, flrst, through the levying
of additional taxes or, second, through
the removal of the tax favoritism, com-
monly called closing tax loopholes.
There are many of them.. I think this
would be a fruitful endeavor. The House
Ways and Means Committee has already
held extensive hearings on the subject;
and I hope the Senate Finance Commit-
tee wiU soon do so. I believe it should.

Mr. CLARK. Mr. President, if the
Senator from Tennessee will permit an
interruption, let me say that I see on the
floor another member of that commit-
tee— ^the Senator from Louisiana [Mr.
Long]. I have no doubt that he will be
happy to Join the Senator from Termes-
see in this effort.

In the past, our trouble has been that
we have had to bring up these tax -loop-
hole-closing efforts in the closing days of
the Congress, when we are always met
with the argument that the Finance
Committee has not made any investiga-
tion of the subject. We are always met »
with the strong argument that the Bu-
reau did not make the recommendation,
that the Eisenhower administration did
not recommend it, and that our Finance
Committee had not investigated it. So
It is said that we are trying to act with-
out sufficient factual background. The
Senator from Tennessee will recall, I am
sure, as will the distinguished Senator

.InvitiniMi O

424

CONGRESSIONAL RECORD — SENATE

January 9

V f

from Louisiana, that last year we were
met with that argvunent.

Mr. GORE. I do recall it. and I thank
the able Senator from Pennsylvania for
his contribution.

As I said earlier, this is one type of tax
favoritism on which I will solicit the
views of Mr. Douglas Dillon, who has
been designated as Senator Kennedy's
choice for Secretary of the Treasury.

Mr. CLARK. Mr. President, wUl the
Senator from Tennessee yield again?

The PRESIDENO OFFICER (Mr.
Smith of Massachusetts in the chair).
Does the Senator from Tennessee yield
to the Senator from Pennsylvania?

Mr. GORK I yield.

Mr. CLARK. I wonder whether the
Senator will agree that every effort
should be made by those of us Demo-
cratic Members of the Senate and the
House who believe that billions of addi-
tional dollars could be saved through
closing these tax loopholes, to persuade
the Treasxiry itself to make the studies
and investigations and recommendations
which could be so helpful to us in closing
these tax loopholes.

Mr. GORE. I must say that after
some considerable experience in this en-
deavor, I believe we can never do this
Job adequately without the vigorous
leadership of a President of the United
States and a Secretary of the Treasury.
It Is very complicated and very difficult.
It is very difficult both technically and
politically. Unified leadership will be
required, in my opinion, in order to
achieve the necessary goals; and I re-
gard tax inequities as the crying injus-
tice of our time and our society.

Mr. CLARK. Of course, the Senator
from Tennessee is familiar with the
planks In our Democratic platform
which call for the closing of tax loop-
holes, and. of course, he is also aware of
the fact that our successful candidates
for both the Presidency and the Vice
Presidency espoused that platform in its
entirety; and I recall that on more than
one occasion during the campaign. Presi-
dent-elect Kennedy spoke in favor of
closing these tax loopholes.

So I hojpe the Senator from Tennessee
will Join me in feeling that we can look
forward to having some Executive lead-
ership; and I hope very much indeed
that the new Secretary of the Treas-
ury— ^Republican though he be — will be
only too anxious and willing to help
those of us who have this platform com-
mitment, to carry it into effect.

Mr. GORE. I think we can form some
valid opinion with regard to Mr. Dillon
after he appears before the Senate Fi-
nance Committee. He will there be
afforded an opportunity to clarify his
views and to state his iMsitions.

Mr. CLARK. One final point, and I
shall be through : My distinguished col-
league serves not only on the Finance
Committee, but also on the Foreign Re-
lations Committee. In the text of his
speech he has referred to the fact that
the business of foreign tax policy is an
Integral part of our foreign policy, as
well as an Integral part of our economic
policy. I wonder whether he would be

receptive to the thought that it would
be wise to deal with this matter on a
selective basis. I believe my friend has
made some reference to that thought, in
his address.

What I have in mind is that from
where I sit there can be very httle Justi-
fication for the present tax policy toward
foreign subsidiaries of American corpo-
rations that are doing business in the
NATO area or in Japan, particularly
those that are doing business in Western
Europe. But I believe it is an essential
part — and I susjiect that the Senator
from Tennessee shares my view — of our
foreign economic policy to rend jr assist-
ance to underdeveloped nations in
Africa. Asia, and Latin America. So I
hope we can work out a foreign tax pol-
icy which will encourage private capital
to take up some of the load in those
underdeveloped areas, which is in the
interest of our overall foreign policy,
while at the same time preventing a rep-
etition of the kind of tax avoidance in
the NATO countries and in Japan which
my friend, the Senator from Tennessee,
has so eloquently discussed this after-
noon.

Mr. GORE. As I have said. I have
serious doubts about the advisability of
using domestic tax policy in the further-
ance of U.S. foreign policy objectives,
particularly if we rely upon gen-
eral application. For instance, If for-
eign tax credit is to be given to all In-
come earned abroad, then we see what
has already happened: An overu' helm-
ing proportion of it goes, not to under-
developed areas, where we particularly
desire to see development, but, instead,
to highly industrialized areas from which
we already are receiving some severe
competition. Moreover, an overwhelm-
ing proportion of it goes to foreign
manufacturing subsidiaries of UJ3. cor-
porations.

It seems to me that if we are to use
domestic tax policy for the furtherance
of U.S. foreign-policy objectives," then
we must be "selective" — to use the word
the Senator from Pennsylvania has used.
We must have some means which will be
specific; otherwise we may prevent the
achievement of our foreign-policy ob-
jectives.

Mr. CLARK. I thank the Senator
from Tennessee for his comments.

Mr. President

The PRESIDING OFFICER. The
Senator from Pennsylvania Is recog-
nized.

AMENDMENT OP CLOTURE RULE

The Senate restmied the consideration
of the resolution (8. Res. 4) to amend the
cloture rule by providing for adoption by
a three-fifths vote.

Mr. CLARK. Mr. President, I rise in
support of the majority cloture resolu-
tion which is the pending business before
the Senate. In my opinion, the rules and
procedures of the Senate are stacked
against the people of the United States
and the people of the free world. They
protect the status quo at a time when
change is not only well nigh imlversal,
but also weU nigh Inevitable. They Im-

pede action at a time when actkA Is
imperative. They result in half measures
doomed to be too little and too late. In
many ways they are one of the most
important causes for our failure in the
Senate during the last 8 years, to
take legislative action desperately needed
for our domestic well-being and for our
security abroad.

Earlier this afternoon the very able
Senator from Mississippi [Mr. StinhisI,
in defending the present cloture rule.
asked the rhetorical question: What Is
the need to change the rule? I should
like to address myself briefly to answer-
ing that question.

The rules of the Senate, and rule XXii
In particular, give to the opponents of
measures strongly advocated by Presi-
dent-elect Kennedy the opportunity to
defeat those measures in the Senate of
the United States. Presently it Is essen-
tial, in order to terminate debate and
thus bring measures advocated by the
President and reported out of committee
to a vote on the fioor, to have 67 votes on
a cloture petition.

It is well known by every Member of
the Senate that there Is a minimum of
35, and possibly even more, Senators in
number who. quite conscientiously and
honestly and sincerely, are utterly and
totally opposed to the program of the
President-elect. If the present cloture
rule remains in effect, those Senators can
defeat, by delay and by filibuster, every
single important measure of the Ken-
nedy administration.

They can prevent enactment of medi-
cal care for the aged, tied to social secu-
rity. They can prevent a minimum wage
law. They can prevent Federal aid to
education. They can prevent legislation
to help our distressed areas, of which
my Commonwealth of Pennsylvania has
more than its fair share. They can pre-
vent a proper housing bill, including ur-
ban renewal. They can prevent the
repeal of the iniquitous Connally amend-
ment to the World Court statute. They
can prevent all of the measures which
my party is committed to'ln its platform
and which the candidates of my party
advocated during the course of the last
campaign.

The rules make it Impossible tor the
legislative branch of oui Government
in general, and the Senate in particular.
to pass meaningful legislation to protect
voting rights, s];>eed school desegrega-
tion, and promote Job opportimities.

In nine efforts in the past, cloture has
never been invoked in the consideration
of civil rights legislation. While I be-
lieve civil rights to be an important rea-
son for changing the rules, I place my
case on a far broader base; and that is
that, if we do not change the rules, the
Kennedy program can be stopped in the
Senate.

Senators who have been here far
longer than I have seen a determined
group of 12 Senators or less hold up
needed legislation day after day and
month after month. Senators with far
greater legislative experience than I have
seen measures watered down, to the point
where they are hardly recognizable In
their original form, because a small

1961

CONGRESSIONAL RECORD — SENATE

425

group of determined Senators put a price
tag on their consent to terminating fur-
ther debate. By a lurloe tag I mean
they required that a majority of the
Sooate should so water down a measmne
that tb^r cq^poeltion to it could be set
aside.

Ity good friend the Junior Senator
from Arizona [Mr. Goldwatkb] has al-
ready announced his determined oppo-
sition to the program of the President-
elect of the United States. He is one
of our ablest as well as one of our most
popular Senators. I have seen him oper-
ate in the 4 years I have been in the
Senate, and I know full weU that the
Senator from Arizona, if he sets his mind
to it, can prevent the entire Kennedy
program from coming to a vote, unless
we change the cloture rules.

So I say to the Senator from Mlssis-
sipi>i (Mr. STKHmsl: That is the need
for changing the cloture rules. That is
the real need — to see that measures for
which Americans have been waiting for
years are able to be passed in the Sen-
ate of the United States, and not be de-
feated by a determined and reactionary
minority of the Members of this body.

Mr. President, it is somewhat amus-
ing to look at the definition of filibus-
ter in the Encyclopedia Britannica :

A name originally given to the buccaneers.
* * * The modem iise ot the word denotes
one who engaiges In private warfare against
any ttate. In the United States it is collo-
qulally applied to legislators who practice
obatmoUon. Its practice has auceeasf ully de-
feated many piece* of lagUlatlon.

So much for what we seek to curb. We
oppose private warfare against the best
Interests of the United States of Amer-
ica.

Let me say to my colleagues on the
Democratic side of the aisle, through the
medium of the Concskssiokal Record.
since an except one of them have long
since left, and one of them, I regret to
state, is required by our procediurs and
his lack of seniority, to remain here,
while the other is quite free to go when-
ever he wants to — and I can assiu^ him
I intend no "end run" which would re-
quire his presence to protect his rights;
I can only assume he remains because
he is fascinated by my eloquence — to
those of us on the Democratic side I call
attention to our Democratic Party plat-
fonn under the heading of "Congres-
sional Procedures":

In order that the win of the American
people may be expressed upon aU legislative
proposals, we urge that action be taken at
the beginning of the 87th Congress to Im-
prove congreeslonal procedures so that ma-
jority rule prevails and decisions can be made
after reasonable debate without being
blocked by a minority In either Hotise.

I campaigned pretty extensively last
fall in support of the plank which was
approved by the Vice President-elect and
by the President-elect of the United
States, and they accepted the call of
the convention to nm as my party's
candidates for the hi^ ofllces to which
they were elected,

I am confident that, with perhaps 15
exceptions, every other Democratic
Soiator in this body supports our party

plntform. It would indeed be a cynical
thing if the first vote the Democrats cast
in the 87th Congress were to repudiate
the specific i^ank in their own platform,
on which their candidates ran success-
fully and of whieh their candidates
publicly approved.

I am the guardian of no man's con-
science, but I eouM not conscientiously
cast my first vote to knock down a spe-
cific plank in the platform of my party.

I wish to refer briefly to the public
record of the President-elect. I hold no
mandate to represent his views on this
subject. He has wisely determined that,
tmder the separation -of -powers doctrine,
he will make no effort to impose his
views on this arm of the legislature, but
the public record speaks for itself.

Senator Kennedy's first vote in the
Senate in 1953 was in favor of the An-
derson motion to adopt new rules, to
permit a change in the cloture rule, rule
XXn. He voted for the Anderson mo-
tions to adopt new rules in 1957 and in
1959. The purpose sought to be attained
by the adoption of new rules was to
change the clotiu'e rule to decrease the
percentage by which Senators must
agree in order to limit debate. Senator
Kennedy voted for a majority cloture
amendment in 1959 which was identlod
with the Humphrey-Kuchel resolution,
which is now pending. In that year,
when the resolution was defeated, he
voted later to support cloture by three-
fifths of the Senators, which Is the pro-
posal embodied in the Anderson amend-
ment, upon which we may be called
upon to vote tomorrow or the next day.
As recently as December 20 of last
year, 1960, he was reported by the wire
services at Palm Beach as having re-
affirmed his view that it should be pos-
sible for a majority of Senators to limit
debate.

Mr. President, in my Judgment it is
very difficult Indeed for Senators to do
ansrthing other than to support the view
so expressed in the past — but in the re-
cent past — by the President-elect, which
is itself a part of our party platform,
and which has behind it all of the logic
and all of the equity which has been
brought before this Senate by my nu-
merous colleagues who have supported
the pending motkm.

I had occasion last year and the year
before to point out the analogy between
the present situation in which the Sen-
ate finds itself and the situation of the
State of Poland in the 17th and 18th
centuries, which resulted In the abolition
of Poland as a free nation. Historians
are agreed that one of the major factors
resulting in the death of that nation was
the institution of the Liberum veto, un-
der which any member of the Polish
Legislature could refuse assent to any
measure pr(^;>osed by any other member
of the Poli^ Diet, and thus prevent all
legislation from being passed.

This veto was first used sometime after
1606. It was used in 1625 to break up the
parliament In 1658 a majority was in
favor of eliminating the Liberum veto,
but since unanimity was required the
majmlty was unsuccessful in its efforts.

The real decline of Poland was caused
by the Libonmi veto, and the first two
partitions of Poland took place. Finally,
in 1788, only 7 years before the third and
final partition of Poland, the Uberum
veto was abolished. It was used by Po-
land's enemies. It was used to destroy
the Polish state.

My statements are based on careful
documentation, which appears in the
Cambridge History of Poland, and in a
one-volume history of P(dand edited by
Mr. B. E. Schmidt.

We are not so far, today, frwn that
Liberum veto situation, because alt^iough
one Senator cannot prevent the Senate
from legislating for nwwe than a few
dajs, because his physical energy will be
exhausted, a small group of determined
Senators can prevent the Senate from
ever legislating.

I suggest again that, in a time when
our domestic well-being and our national
security abroad are in Jeopardy, we
would be wise indeed to change our pro-
cedure so that the charge can never bs
made that the Senate did not fufflll its
proper constitutional duty in legislat-
ing in support of measures desired by
an overwhelming majority of the Ameri-
can people and by a substantial major-
ity of the Members of this body.

It has been said that when 12 willful
men prevented the Senate of the United
States in 1917 from arming the mer-
chantmen, thereby running the serious
risk that the merchantmen would be de-
stroyed by German submarines, such
action was not particularly important
because shortly thereafter President Wil-
son was able to achieve the same result
by Executive action.

Mr. President, I point out that at the
time, in 1917, President Wflaon hlmsdf
was almost in a desperate state of mind
because this small minority at willful
men were opposing his policies and put-
ting the United States of America in a
position where its merchant fleet and
its foreign trade were in serious danger
of being swept frcxn the seas. President
Wilson was so concerned that he said, in
1917, what is equally true In 1961 :

The Senate ot the United States is the only
legislative body in the world which cannot
act when Its majority Is ready for action.

In 1917, 75 Senators — and there wore
thai (Xily 96 — signed a statement saying
that they would, if they could, vote to
arm the merchant ships against German
aggression, but they w&re unable to do
so because a filibuster prevenLed them
from bringing the matter to a vote.

I say again to my good trieod from
Mississippi, this is the need for a change
in the cloture rule.

Mr. President. I have pointed out the
specifics of the Kennedy program wbieh
can and, in my Judgment, in all likeli-
hood will, be defeated if the cloture rule
is not changed.

Let us also think of some of the other
matters still in proq)ect, with respect
to which the same result would aivly-
These Include: The ratification of a
treaty banning nuclear explosions: a
general distumament agreement; an At-
lantic Community proposal; stix>ng

426

CONGRESSIONAL RECORD — SEN ATE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

427

§

W;i^6

economic measiu-es to counter severe
unemployment or a depression, if we go
into one. Any one or more matters of
this sort may become critical to the well-
being of this country within the next
2 years, while the present Congress Is in

session.

If action Is not taken now action can
never be taken while the 87th Congress
sits. Many members of the public and
even some Senators do not yet seem to
be aware of the fact that we must change
the rules now or we can never change
them while the 87th Congress is in
session.

Let us suppose we were to refer to the
Committee on Rules and Administration
the proposed changes In the cloture rule
and the other changes in rules which I
have submitted and which lie at the
desk. Let us suppose the Committee on
Rules and Administration is persuaded
that these rules changes are desirable.
Let us suppose the committee reports
them to the Senate, and let us suppose
they go to the calendar. Let us further
suppose the majority leader motions
them up for consideration. They can
never be passed. They can never be
passed unless we have 67 votes instead of
51 votes to change the rules and to put
the new rules into effect. We can do it
now, under the ruling of the Vice Presi-
dent and the general principles of con-
stitutional law, with 51 votes. If we
wait until next week and transact busi-
ness in the interim, we can never do it
unless we can get 67 votes to impose
cloture.

There is one additional point, Mr.
President. Let no man think that the
rules fight can in any way possibly delay
the presentation and enactment of the
Kennedy program.

This niles fight will be over by the 20th
of January, one way or another. Either
those who support a meaningful change
in the cloture rule will persuade a major-
ity of our colleagues to support us; we
will move the previous question; we will
cut off debate and by majority vote we
will change the rules and that will be
the end of it, and we can put that matter
to the test this week — at the latest finally
next week — or we will fail in that effort
and a motion to table will prevail. In
either event the whole problem will be
behind us by the time John Fitzgerald
Kennedy takes the oath of office as Presi-
dent of the United States.

So I repeat. Let no one deceive him-
self into believing that he must vote
against a change in the cloture rule be-
cause he might be delaying enactment of
the Kennedy program. That argument
does not have a single leg to stand on. It
is totally and completely fallacious.

I say to my friends on this side of the
aisle and on the other side of the aisle,
"Vote against the change in the cloture
rule if you wish because you do not think
It should be changed but, for goodness
sake, do not try to persuade Senators or
even yourself that you are voting against
a change in the rules because you want
the Kennedy program to go through.
The two matters have absolutely nothing
In comonon."

"Hiere are a nimiber of other changes
in the niles which in my judgment are

necessary to Insure majority rule in the
Senate after reasonable debate. I should
say. as wae said earlier by the Senator
from Oregon [Mr. MorsbI. in the collo-
quy which I had with him. no Member
of this body wishes to cut off debate be-
fore a reasonable time has elapsed. How
long is a reasonable time? Two weeks,
three weeks, a month? During that pe-
riod any popular measure which a mi-
nority believes to be not in the best inter-
est of the country can be argued almost
interminably, and if the countiy and
the Senate can be rallied in support of
the minority, they will have ample op-
portunity through debate to do so. So no
one .should think that the pas.sage of this
pending measure to Impose majority clo-
ture is the imposition of gag rule which
would cut off meaningful debate. Noth-
ing could be further from the truth.

I have before me a memorandum
which sets forth briefly other important
changes in Senate procedure, which I
shall urge on my colleagues before we
put the matter behind us. I ask iman-
imous consent that a copy of this memo-
randum may appear in the Record at
this point in my remarks.

Tliere being no objection, the memo-
randum was ordered to be printed in
the Record, as follows:

Emactmknt or Kennkot Pkooram REQtnsxs
A NxTMBBt or Rules Changes To Insuke
Majoritt RULE

1. coMMrrnoc raoccDtnu

The Senate should consider the adoption,
preferably by amendment to the Senate
rules of a committee bill of rights that
would give the majority of the members of
any committee the rights (a) to convene
meetings: (b) to determine the business to
be considered; and (c) to terminate dis-
cussion of the pending business within the
committee after appropriate debate.

S. senate PBOCKDUaE

We cannot afford the luxxiry of unlimited
debate In the Senate if we are to attend to
the legislative business of the country In the
sixties. The present cloture rule requiring
the affirmative vote of two-thirds of the Sen-
ate to terminate debate Is clearly Inadequate.
A determined minority can almost always
muster the 30-odd votes needed to defeat
cloture on a controversial bill. Cloture
moves have been unsuccesb/ul on the last 13
efforts, stretching all the way back to 1927.

We mxist and can adopt an amendment to
rule XXII when the Senate of the 87th Con-
gress convenes next week to authorise a
majority of Senators to close debate after
full discussion and to permit the Senate to
vote on the substance of the pending
business.

The Senate should also adopt a rule of
germaneness In debate, similar to that in ef-
fect In most other free world legislative
bodies, so one or more Senators cannot pre-
vent Senate consideration of legislative mat-
ters which may be urgently needed In the
public Interest.

In addition we should remove the un-
democratic powers now vested In a single
Member of the Senate to prevent all 130
committees and subcommittees from meet-
ing during Senate sessions, to stop all Sen-
ate action by requiring Journal readings and
to prevent the conduct of miscellaneous
business during the morning hour. These
powers should be vested only in a majority
of the Senate.

s. coNmcNCc pmocxouax

The practice of appointing a majority of
Senators who have fought against Important

amendments to represent the Senate In con-
ference with the House to resolve differences
In the versions of a bill passed by the two
Houses does violence to fundamental demo-
cratic principles. The rule I will propose
would require that a majority of Senate
conferees should have voted for the bill la
question.

Mr. CLARK. In conclusion, all of
these proposals are designed to restore
true majority rule in Senate committee
and in floor deliberations. They will be
opposed by those who oppose congres-
sional action on some or all of our most
pressing domestic and foreign problems.
Their arguments will stress the safe-
guards necessary to prevent tyranny by
a majority.

I submit that those who oppose major-
ity rule are fearful of democracy itself,
which is based to a large degree on the
principle of majority rule, as Thomas
Jefferson so well stated in a quotation
which has already been widely used tn
this debate. Of course, at times major-
ities can and do act unwisely, but tlus
is one of the inherent dangers of democ-
racy. Our constitutional system Is re-
plete with checks and balances which
will remain as limitations of democratic
majority rule regardless of the nature of
congressional rules of procedure. Small
State overrepresentation in the Senate.
Executive veto power and the two- thirds
requirement for overriding, the prohibi-
tions written into the Bill of Rights,
and judicial review all act as curbs on
precipitate legislative action. Bo does
our committee system through which are
screened all the measures which eventu-
ally come to the floor.

To overlay on these constitutioiial
safeguards undemocratic limitations in
archaic rules of procedure is utterly
without justiflcation.

I am less concerned with the rights
of parliamentary minorities than I am
with the rights of ixtpular minorities. I
am less concerned with unwise action by
Congress in the cold war period in which
we live than I am with congressional in-
action on a whole gamut of unsolved do-
mestic and foreign problems which de-
mand solutions without further delays.

I am interested in all democratic pro-
cedural reforms which will reestablish
the Senate as an effective arm of the
American Government able to act when
a majority is ready to act and thus to
perform its intended constitutional
duties. But my particular concern is
that the Senate does not become the
graveyard of the legislative program of
the incoming administration. Estab-
lishment of genuine majority ruling in
congressional procedures can and must
prevent this from happening.

RECESS TO 12 O'CLOCK NOON
TOMORROW

Mr. CLARK. Mr. President. I move
that the Senate take a recess until 12
o'clock noon tomorrow.

The motion was agreed to; and (at
6 o'clock and 36 minutes p.m.) the Sen-
ate took a recess until tomorrow, Tues-
day. January 10. 1961. at 12 o'clock
meridian.

HOUSE OF REPRESENTATIVES

Monday, January 9, 1961

The House met at 12 o'clock noon.
The Chaplain. Rev. Bernard Braskamp,
DD.. offered the following prayer:

Psalm 4:3. The Lord wHl hear when I
call unto Him.

Eternal God, whom we worship with
humility and gratitude, we beseech Thee
to give us a clearer apprehension of Thy
will and a keener appreciation of the
sanctity and dignity of our mission In
life.

Inspire the Members of Congress with
great perspectives as they daily take
counsel with Thee and with one another
concerning the needs of our Nation and
the welfare of all mankind.

May we open widely imto Thee the
windows of our souls and be blessed with
altitude and strength of character.

Show us how we may help to extin-
guish those hot embers of hatred and
in win, of jealousy and selfishness, which
At times bum so fiercely within the heart
of humanity.

In the name of the Prince of Peace we
offer our jnrayera. Amen.

THE JOURNAL

Tbe Journal of the proceedings of Fri-
day, January 6. 1961, was read and ap-
prored.

MESSAGE PROM THE SENATE

A message from the Senate by Mr. Mc-
Gofwn, one of its clerks, announced that
the Senate had passed a resolution as
foUows:

8. Rbb. 2S

Resolved. That the Senate has heard with
profound sorrow the announcement of the
death of the Honorable Edith Nourse Rogers,
late a Representative from the State of
Massachusetts.

Resolved, That the Secretary commxinl-
cate these resolutions to the Hoiise of Rep-
resentatives and transmit a copy thereof to
the family of the deceased.

Resolved. That, as a further mark of re-
spect to the memory of tbe deceased, the
Senate do now adjourn.

OATH OF OFFICE TO HON. LOUIS C.
RABAUT

Mr. BfACHROWlCZ. Mr. Speaker, in
accordance with your designation of me,
pursuant to House Resolution 13, 87th
Congress, adopted by the House of Rep-
resentatives, to administer the oath of
office to Representative-elect Louis C.
Ra&ilut, of the 14th District of Michigan.
I have the honor to repoii, that on Sat-
urday, January 7, 1961. at Detroit. Mich.,
I administered the oath of office to Mr.
Rabaut, form prcseribed by section 1757
of the Revised Statutes of the United
States, being the form of oath admin-
istered to Members of the House of Rep-
resentatives, to which Mr. Rabaut sub-
scribed.

Mr. Speaker. I offer a privileged reso-
lution, which I send to the desk, and I
ask for its immediate consideration.

The Clerk read the resolution, as fol-
knrs:

H.Ru.90

Whereas Ijottis O. RsBAXirT, a Bei»esenta-
tlve from the State of Michigan, from the
14th District thereof, has been unable from
BickneM to appear in person to be sworn as
a Member of this House, but has sworn to
and subscribed to the oath of office before
the Honorable THAOozxra M. Machkowicz au-
thorized by resolution of this House to ad-
minister the oath, and the said oath of office
has been presented tn his behalf to the
House, and there being no contest or ques-
tion as to his election : Therefore be it

Resolved, That the said oath be accepted
and received by the House as the oath of
office of the said Louis C. Rabaxtt as a Mem-
ber of. this House.

The resolution tiras agreed to.
A motion to reconsider was laid on
the table.

ADJOURNMENT OVER

Mr. McCORMACK. Mr. Speaker. I
a.sk unanimous consent that when the
House adjourns today it adjourn to meet
on Thursday next.

The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?

There was no objection.

GEORGE WASHINGTON CARVER
COMMEMORATIVE MEMORIAL

Mr. McCORMACK. Mr. Speaker, I
offer a resolution (H. J. Res. 110) estab-
lishing the George Washington Carver
Commemorative Memorial, and ask
unanimous consent for its present con-
sideration.

The Clerk read as follows:

Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled. That (a)(1) there
is hereby established a Commission to be
known as the "George Washington Carver
Commemorative Commission" (referred to
in this resolution as the "Commission")
which shall be composed of eleven members
asfoUows:

(A) five members who are outstanding
Americans to be appointed by the Presi-
dent;

(B) two members who are Members of
the Senate, to be appointed by the Presi-
dent of the Senate;

(C) three members who are Members of
the House of Representatives, to be i^-
polnted by the Speakw ol the House of Rep-
resentatives; and

(D) one member from the Department of
the Interior who shall be the Director of the
National Park Service, or his representative.

(2) The President shall deeignate one of
the members of the Commission appointed
by him to serve as temporary Chairman of
the Commission untU a permanent Chair-
man Is selected as provided In this para-
graph. It shall be the duty of the tempo-
rary Chairman to convene the Commission, as
soon as practicable after the appointment of
the members thereof, at which time the
Commission shall elect a permanent Chair-
man from among tbe membora of the Com-
mission and provide for the selection of such
other officers as the Commission may deem
necessary. The members shall serve without
compensation, but they shall be reimbursed
for travel, subsistence, and other expenses
Incurred by them In the pwf ormance of their
tfuUee as members of the Commission.

(b) llie functions of the Commission shall
be to dev^op and to execute suitable pLana

for the commemoration of the work of
George Washington Carver and his contri-
butions to hxunanlty. In canying out these
functions the Commission is authorized to
cooperate with and to asBtet the George
Washington Carver National Monument
Foundation to plan an appropriate celebf^-
tlon In connectkm with the commemoration
of the work of George Washington Carver,
and to invite all the people of the United
States to join therein.

(c) The Commission may employ, without
regard to the civil service laws or the Clas-
sification Act of 1&49, such employees as
may be necessary In carrying out its func-
tions.

(d)(1) The Commission Is authorised to
accept donations of money, property, or per-
sonal services; to cooperate with patriotic
and historical societies and '«'ith Institu-
tions of learning; and to call upon other Fed-
eral departments or agencies for their advice
and assistance in carrying out the purposes
of this section. The Commission, to such
extent as it finds to be necessary, may, with-
out regard to the laws and procedures ap-
plicable to Federal agencies, procure sup-
plies, services, and property and make con-
tracts, and may exercise those powers that
are necessary to enable It to carry out effi-
ciently and In the public Interest the pur-
poees of this section.

(2) A reixnt of the aetlvitlea of the Com-
mission, including an accounting of funds
received and expended, shall be furnished by
the Commission to the Congress not later
than June 30, 1963. The Commloiion shall
terminate upon submission of Its report to
the Congress.

(e) There is hereby authorized to be ap-
propriated, out of any money in the Treas-
ury not otherwise appropriated, for the Oom-
mission. for necessary expenses in carrying
out its functions under this section. t24S.OOO.

1ST, GROSS. Mr. Speaker, reserving
Uie right to object^ has this resolutlan
been printed?

Mr. McCORMACK. This is similar
to a resolution that was jMsaeA by the
House last year. H.J. Res. 790. with the
exertion that the 16-member commis-
sion provided for in that resolution has
been reduced to 11. and instead of its
being caUed the George Washington
Carver Centennial Commission the
pending resolution calls it the Memorial
Commission because of uncertainty as
to the exact date of George Washington
Carver's birth.

As you know, he attended college in
Iowa. He was bom In Missouri.

Thirty-six thousand doUars has al-
ready been appropriated for the current
fiscal year in anticipation of becoming
effective only when the necessary legrts-
lation in the form of a resolution is
adc^ted.

Mr. GROSS. Is the $36,000 a part of
the $249,000 or is It in addition thereto?

Mr, McCORMACK. Yes, it is a part
of it.

Let me say that to offer this resolution
brings me great happiness not only as a
Member of the House but personally in
commemoration of this great man. in
my opinion one of the greatest men who
ever lived, startihg out under the ad-
versities he did. his wonderful character,
and the great things be did for mankind.
While I have offered the resolution I
want the record to show that I consider
it a joint resolution offered by myself
and the distinguished gentleman from
Iowa [Mr. jmsKN], who has worked un-
tiringly with me on it. As a matter of

I

428

CONGRESSIONAL RECORD — HOUSE

Januat-y 9

1901

CONGRESSIONAL RECORD — HOUSE

429

fftct. he originated it. and I want the
record to show it. It has been a pleas-
ure to work with him on it. It should
not be referred to as the McCormack
resolution, but as the McCormack-
Jensen resolution.

Mr. JENSEN. Mr. Speaker, will the

gentleman yield?

Mr. GROSS. I yield.

Mr. JENSEN. I am pleased, of
courser by the words of the great major-
ity leader [Mr. McCormack]. He has
explained the situation as it exists. I
might say that Dr. Sidney Phillips is
greatly interested.

Mr. MCCORMACK. By the way. Dr.
Phillips is president of the George Wash-
ington Carver National Monimient
Foundation.

Mr. JENSEN. He came to me last
year because George Washington Carver
had attended college at Simpson, Iowa,
and afterwards had been an Instructor
in the State agricultural college at Ames.
He suggested that we establish this com-
mission for the George Washington
Carver centennial celebration.

I was very happy to cooperate. I then
went to the gentleman from Massachu-
setts [Mr. McCoRiCACK] and explained
the situation to the gentleman, and he
was very cooperative. Then I asked the
Committee on Appropriations to appro-
priate $36,000 to initiate the work of the
Commission, which it did. contingent on
the passage of this resolution.

When the gentleman from Iowa asked
if this is part of the $249,000 that the
resolution calls for, I can only say that
it is, of course, the duty of Congress to
determine how much more money will be
appropriated.

Mr. McCORMACK. May I say for the
record that when we authorize $246,000
or thereabouts and $36,000 has been ap-
propriated in anticipation of the passage
of the resolution, and will operate only
after passage. I consider that $36,000 a
part of the complete authorization. I
think the gentleman from Iowa should
make the same admission for the record.

Mr. JENSEN. That is right.

Mr. GROSS. Since the House ap-
proved a similar resolution last year, al-
though it did not receive approval in the
other body, I am not going to object, but
I want to say that from here on out this
business of establishing additional com-
missions will have my opc>osition. With
the economic situation being what it is
in this country, we need to conserve the
dollars of the taxpayers of this country,
and I intend to object to the establish-
ment of commissions for capricious rea-
sons.

Mr. McCORMACK. Generally speak-
ing, then, the gentleman intends to ob-
ject.

Mr. GROSS. Mr. Speaker, I with-
draw my reservation of objection.

Mr. JENSEN. Mr. Speaker, will the
gentleman yield?

Mr. McCORMACK. I yield to the gen-
tleman from Iowa.

Mr. JENSEN. Mr. Speaker, this res-
olution carries out a custom of the
Congress and the American people in
honoring such great men as George
Washington Carver; it follows through
on exactly the same basis as we have

honored George Washington, Thomas
Jefferson, Booker T. Washington, and
many other honored Americans. So I
am happy that there has been no objec-
tion raised to this resolution.

Mr. HOFFMAN of Michigan. Mr.
Speaker, reserving the right to object.
As my colleague from Iowa says, he is not
going to object, neither am I at this
time; but if this is the beginning of a
practice, without saying anything at all
about the merits — undoubtedly it has
merit — of spending the taxpayers' dollars
to honor some great American — we Just
cannot all who richly deserve high honor.
During the last campaign I learned or
rather heard it said that 17 million
Americans went to bed every night hun-
gry. If that be true instead of creating
these commissions we ought to see that
we in some way first satisfy that hunger.

Mr. Speaker, I withdraw my reserva-
tion of objection.

Mr. McCORMACK. Everyone is in
agreement now. Let us go along.

The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts [Mr. McCormack 1?

There was no objection.

The resolution was ordered to be en-
grossed and read a third time, was read
the third time and passed, and a mo-
tion to reconsider was laid on the table.

THE LIBERATION OF RUSSIA

Mr. LANE. Mr. Speaker. I ask unan-
imous consent to address the House for
1 minute and to revise and extend my
remarks.

The SPEAKER. Is there objection
to the request of the gentleman from
Massachusetts ?

There was no objection.

Mr. LANE. Mr. Speaker, to defeat
communism in the world it must be
destroyed In Moscow. The liberation of
Russia is the key to the salvation of the
world from the peril in which it stands
today.

And yet, the timid foreign policy of
the United States, by one diplomatic
concession after another, is failing to
enlist the support of its greatest poten-
tial friends; the people of Russia, and
China, and all the other captive nations.

This lack of understanding and initia-
tive during the past 8 years has dis-
heartened the captive peoples who have
looked to us for political and moral
leadership, and has eroded our prestige
and position as the champion of freedom.

Our Nation must get moving again
and reach through to the captive peoples
in the spirit of our own Declaration of
Independence which proclaims that —

All men &re created equal, that they are
endowed, by their Creator, with certain
unalienable rights, that among these are lUe,
liberty, and the pursuit of happiness.

With our encouragement, communism
will be weakened and overthrown by its
first victims, the people of Russia and
China themselves.

But we must have a foreign policy that
will give them hope, and the message of
our courageous and progressive faith in
freedom must be communicated to them
by Russians and Chinese who are mem-
bers of the free world commimlty.

For some thoughts as to how this can
be accomplished under unanimoxis con-
sent I insert in the Ricoro. the following
article dated New York. November 19^0.
It is titled: "Some Basic Facts Concern-
ing Communism" and is signed by Alex-
andra Tolstoy, Igor Sikorsky, and Boris
Sergievsky.

SoMK Basic Pacts Conccrnino Commttnum
rrs oaJBCT — woku> DOMnraTioir

Once again we are approaching the anni-
versary of that fateful day when communism
seized control of the Government of Russia.
The Communists were able to seize power In
Russia because the country had been weak-
ened by the Revolution of 1017 which had
destroyed the traditional form of govern-
ment and social structure and had proved
Itself Incapable of creating a new govern-
ment based on the trust and support of the
Russian people.

Forty-three years have passed since Rus-
sia fell Into the hands of the international
Communist conspirators. During this time
the Conununists have expanded their power
to cover one-third of the world. Their
advance was especially impressive immedi-
ately after World War n. when the short-
sighted and thoughtless policy of the West
gave them the opportunity of capturing
China and many nations of Central and
Eastern Europe. Recently their offensive
against the free world has been Intensified,
as can be seen from the events In the Congo.
Laos, and Cuba.

There is nothing surprising or unexpected
In this fact. Khrushchev's behavior In the
United Nations astonished only those who
either did not understand communism or
those who were trying to mislead public
opinion In the free world. Attempts to ex-
plain Khrushchev's belligerence by his de-
sire to appease Chinese aggressiveness and
the old guard Stalinists in Moscow find no
support in the facts or in the history of the
Conununlst movement. Communists are
openly striving for a worldwide revolution
and are doing everything to gain this aim.
Secretary of State Christian Herter was right
when. In his address to the American Bar
Association, he said: "The Soviet goal Is the
collapse of order, then Conununlst control."
Here the Secretary of State correctly defined
the situation in the Congo, but his definition
also has a much broader and more general
slgnlflcance. Conununists will never be
satisfied with seizing power In any one given
state — power over the whole of humanity al-
ways was and will ever remain their pro-
claimed objective.

WAT8 AND MXAN8 CONSPnUCT, TXRBOR, AlTD

WAS

Lenin, whom Communists consider their
leader and teacher together with Marx, said
that any crime Is Justified U It helps attain
the ojjject.

We see Conununists in every country. In
every nation, prior to their seising power,
employing conspiracy, espionage, lies, and
Introducing their agents Into the government
and armed forces.

Conununists do not hesitate, where it Is
possible, to use violence to seize a govern-
ment. Where such methods cannot be em-
ployed they openly conquer weak states with
Communist troops. In Russia and China,
they came to power by seizing the govern-
ment and destroying their opponents. In
Poland. Hungary, Czechoslovakia, North Ko-
rea, and many other coiuitrles power was
handed to local Communists by Soviet or
Chinese troops.

Having once seized power, the Conununists
proceed to strangle all freedom at conscience
and resort to physical violence to destroy or
remove their opponents. The cltlsens of
svery state seized by Communists are de«
prlved oC freedom of speech, press, and as*

sembly. They do not have the right to be-
long to political parties, except the Commu-
nist Party, sometimes, as in Poland and East
Germany, the OcHnmunlsts create fictitious
political parties, actually In their complete
control, with the object of misleading public
opinion In the free world.

In countries under their control Commu-
nists destroy all freedom of worship, perse-
cute the clergy and the faithful. It Is a
mistake to believe that there Is no persecu-
tion of reUglon In the Soviet Union and
other Communist states. This persecution
not only exists, but Is growing In scope. In
1959, the Communist Party began taking
away children from parents who were giving
them a religious education. The psu-ents
themselves received prison sentences for this
"crime."

By abolishing the right c^ private property
the Communist Party gains complete and
arbitrary control over the standard of life
and economic existence of Individuals and
whole classes of the population.

In the course of the 43 years since the
coming to power of communiBm in Russia
these qualities of communism have often
been considered results of the character of
the Russian people. Some Western histo-
rians and writers have expressed the opinion
that the Russian people, who have supposedly
always existed In a state of slavery, hmA
neither the wish nor the strength to resist
communism.

However, after World War n and after
communlsn* had spread to many other na-
tions. It became very obvious that this theory
was not true. Communists turned out to be
the same everywhere — in China, In Cuba, in
Bast Germany, and in Vietnam — and there
are no reasons to believe that they would
be any dUIercnt If they shoiUd succeed In
coming to power In. let us say. Prance or
In one of the republics of South America.
Purthermore. the history of the last decade
has shown that It Is actually the Russian
people who have resisted and continue to
resist communism with greater tenacity than
any other nation. During World War n
many millions of Russian soldiers refused to
participate In the defense of the Soviet Un-
ion: several generals of the Soviet Army with
General Vlasov at their head endeavored to
organize a Russian army of liberation to
flght communism. As Is well known, these
generals were handed over to the Commu-
nists by the Western Allies, after the defeat
of Oenaany. and subsequently were hanged
In Mosoow. This act was not only a cruel
and criminal violation of all moral law. but
also a grievous political mistake. It de-
stroyed all confidence In the West amongst
the broad masses of the Russian people, and
demonstrated that the free world did not
wish to help the Russian people In their
struggle against conununlsm.

When. In 1956. the Hungarian people rose
•gainst Communist dictatorship, the Russian
soldiers of the Red army were the only for-
eign soldiers to help the Hungarians In their
flght. The eventual defeat of the uprising
cannot be blamed on these soldiers, but It
certainly is the fault of tlM free world which
abandoned to their fate both the Hungarians
and their Russian allies.

WHO AMM OUB KXKMKST

The Communist Party Is not a national
party of any one nation. It Is not a political
party in the same sense as. for instance, are
the Republican and Democratic Parties In
the United States.

The Ocmmunlst Party in every nation Is a
branch of an International organization
striving to impose Its power over the whole
of the world. Mistaken therefore are those
who think of the present plight of the world
as International tension or believe that the
cold war la between the United States and
Russia.

AstuaUy, the tension in the world today
resvats from the Incessant war the Interna-
tional Communist organization Is waging
with all opi>onents of communism wherever
they be or whatever nationality they belong
to. The free wcvld has but one enemy —
Communists, any kind at Communists — re-
gardless of whether they be Rtisslans cr
Americans. Himgarians or Poles, Chinese or
Ji^Minese. On the other hand, the free world
has many allies. These alUes are aU the
nations enslaved by the Conununists and all
the nations vi^ilch are threatened by Com-
munist enslavement.

The free world will be able to hold Its
ground and resist Conununlst aggression
when It realizes that what Is going on today
In the w<x-ld Is not a struggle between na-
tions or groups of nations, but a struggle
between godless and Inhuman communism
on one side and the rest of humanity on the
other.

TO OZTKAT OOMMtrNZSM

It should be clearly understood that all
efforts to halt communism's aggressive pres-
sure on the free world are foredoomed un-
less the free world itself takes the offensive
against communism.

The former President of the United Na-
tions General Assembly. Dr. Charles Malik,
was absolutely right when he said :

"The West should stand firm at all exists
•gainst any further expansion of conunu-
nlsm. Including above all the test case of
Berlin. Some Western commentators have
darkly hinted that the West would not flght
over Berlin. It Is fair then to a£k. over what
would the West flght? • • • An active pol-
icy of liberation Is of the essence in any
sound Western program for the coming years.
Only a believing, active, sustained and bold
looklng-forward to free Eastern Europe, a
free Russia and a free China is worthy of
the gigantic world struggle."

The free world should retaliate to Com-
munist aggression by carrying the striiggle
to the rear of communism. It Is Inadmissi-
ble and disastrous to permit a situation to
continue in which Khrushchev openly tells
the free world that he wUl bury It, and to
pretend that the free world does not believe
the threat. It is Inadmissible and disastrous
to continue a situation where ccnnmunlsm
Is Incessantly digging a grave for the free
world while the latter does nothing or al-
most nothing to bring the end of com-
munism.

Such transmitters as the Voice of America,
Radio Liberty, the Voice of Canada, the
B.B.C., and the Spanish National Radio
dally penetrate the Iron Curtain and are of
great value since they serve to Inform the
enslaved nations of the truth conoernlng the
free world. Such broadcasts should be con-
tinued and expanded. But merely telling
the objective truth about the free world Is
not sufficient to gain victory. The enslaved
nations and first among than the Russian
and Chinese people must know that the free
world stands ready to help them in their
struggle for liberation.

In the past, the free world has more than
once proclaimed Its readiness to combat slav-
ery and Infringements of human rights. To-
day communism Is openly establishing a sys-
tem of physical and spiritual slavery and has
brought under Its domination one-third of
the world and Is boasting that soon It will
conquer the remaining two-thirds — why,
then, is the free world silent and does not
come out with a statement that It is ready to
help the victims?

Why. then. Instead at making such a state-
ment— which would be the only wise and fit-
ting one from a political and moral point
of view — does the free world proclaim that Its
object Is peacefiU coexistence with the
tyrants?

If the free world wishes to avoid the grave
that conununlsm Is preparing for It. It shoiUd
openly and directly call the enslaved na-

tions to resistance and to struggle for their
freedom. It must give them that political
and moral assistance which develops strength
tenfold.

First of all, the free world must discard
the pernicious faith in the possibility of
"peacefxU coexistence" of conununlsm with
freedom. Participation of Communists in
the United Nations serves to discredit the
organization in the eyes of the enslaved tui-
tions and debars It from effectively assisting
in the struggle for freedom In the rest of the
world. The exchange of "cultural delega-
tions" does not, as those who do not know
communism believe, assist In the mutual un-
derstanding o* nf-tlons. This exchange dem-
onstrateE to the enslaved nations that their
flght for freedom Is doomed since the free
world Is accepting their masters as brothers.
The exchange serves to ease the penetration
of Communist agents into the free world, as
every Communist, always and everywhere. Is
flrst and foremost an agent of that crlnUnal
organization of which he Is the servant.

After discarding the Idea of peaceful co-
existence, the free world should frankly and
openly state that It conslderc CommuiUsts as
enemies and the enslaved nations Its best
allies. At the same time assurance should
be given to the Rtisslan and Chinese peoples
that no material gains are being sought and
that the' wish to help does not stem from
any quest for territorial gains or wish to
Introduce any form of government and has
the sole object of removing and destroying
communism and restoring the rights of
human individuality.

To defeat communism In the world it must
be destroyed In Moscow. The liberation of
Russia is the key to the salvation of the
world from the peril in which it stands
today.

It is not enough and it Is well-nigh impos-
sible to destroy communism In Warsaw or
Budapest. China, or Cv^ wlthoat getting
rid of communism In Russia. The fate of
humanity depends on the fate of Russia.

THK FIS8T VICTIM OF COMMUNISM

In the United States the conceptions "Riu-
sian" and "Communist" are often considered
synonymous. This is a mistake produced by
ignorance and fostered by those who caU
Communist expansion "Russian imperialism"
and the Soviet Union — the Russian Empire.

In 1859 the Congress of the United States
adopted a resolution establishing the observ-
ance of Captive Nations Week every year.
Under the influence of negUgent advisers
the resolution Included a list of captive na-
tions, among them not only those nations
which had actually been and were captured
by communism, but some nonexistent na-
tions as well.

This list has done the United States much
harm. It gave the Communists a chance to
acciise America of the desire to dismember
Russia. It allowed Communists propaganda
the possibility of proclaiming as traitors all
Russians opposing communism and Uvlng
abroad.

The fateful mistake made by Congress was
enhanced by the fact that the list of captive
nations did not include the Russian people,
thereby giving the Impression that the Rus-
sian nation had not been captured by com-
munism.

Tlie captive nations themselves treat the
Russian people otherwise. They know, better
than the free world, the nature and hlBt<n7
of communism and that Russia was Its first
victim. The Assembly of Captive European
Nations which exists in New York stated in
its 1960 September bulletin:

We have always made the distinction be-
tween the criminal apparatus whlcn from the
Kremlin oppresses a third of humanity and
the Russian people who were their tint rie-
tlms.

The free world shotild follow the example
of the Assembly of Captive European Nations.

; ■»

m

430

CONGRESSIONAL RECORD — HOUSE

January 9

1961

a

iM<^«

What tbey have said about the Russian peo-
ple should b« broadcast for the entire world
to hear. We sincerely hope this will be done
by the next President of the United States.

If he were to say as much, his words would
be heard by all of Russia — from the Baltic
to the Pacific Ocean, from the Arctic Circle
to the Caucasus. They would give fresh
streng^ of resistance to communism to the
RuBsUm people. They would demonstrate to
the Russians that they have friends In the
free world on whose sympathy and assistance
they can count. At the same time the words
of the President addressed to the Russian
people and to all other nations enslaved by
oommunlsm would immeasurably help the
caiiae of peace In the world and would di-
minish the threat of atomic war new hang-
ing over humanity.

To realize this It should be kept In mind
that Communist aggression continues In Its
Intensity only because the Communists are
confident that they will not be stopped.
They Itnow that the free world wlU never
begin a war while they themselves, atomic
threats notwithstanding, have at present no
Intentions of embarking on one. It Is their
intention to strengthen their own armament
and at the same time to weaken the fibre
of the free world by propaganda, subversive
Interference In the economic and political
life of free nations and turning to their bene-
fit all existing difficulties and errors.

The principal obstruction the Communists
encounter are the discontent and resist-
ance of the population In Russia and other
enslaved nations. The thirst of this popu-
lation for economic well-being based on In-
dividual initiative and for the restoration of
traditional forms of national life weakens
and terrifies Communists much more than
the armed might of the free world. They
t''^"^ their own armaments will sooner or
later counterbalance this might and believe
that they will succeed In further weakening
the power of the West by gaining control
over more Asian, African, and other pres-
ently free states. They foresee that the
number of American strategic bases In the
world will diminish In the course of the
next few years by reason of further pene-
tration of Communist propaganda Into the
countries where they si-e located.

At the same time the Communists are
well aware that they will never be able to
change the attitude of the captive nations
toward the doctrines of Marx and Lenin.
They realize that the hatred of these peo-
ples toward the Conununlst regime will never
die and that they are only waiting for the
opportunity to act. as happened In Russia
during the Second World War or in Hungary
in 1956.

It Is therefore clear that the aggressive-
ness ctf communism In the free world will
diminish In Inverse ratio to the growth of
resistance to communism among the captive
nations; the chances of war will also be-
come more remote. The free world should
realize and ever keep In mind that the sup-
port of the captive nations In their struggle
with communism Is the best assurance
against war. The free world should never
lose sight of the fact that the key to the
effectiveness of such assurance lies first of
all in assistance to the Russian people, on
whom today hangs the fate of humanity.

Bitterly mistaken are those who think that
war can be avoided by concessions to com-
munism, by appeals to their desire for peace,
calling upon them for mutual understand-
ing with the free world.

The nattire of communism la determined
by its doctrine and as such is incapable of
either compromise or cessation of aggres-
sion. The worldwide Communist revolution
was and remains the objective. In losing
sight of this. In accepting Communists to full
membership In the United Nations, as right-
ful representatives of the nations they have
tnslaved, and in denying these nations help.

the free world has even up to the preeent
time followed a treacherous path.

At the preeent moment, however, the free
world itnd more specifically the United States
are faced with tiie dilemma: either to suc-
cumb under the pressiu^ of communism or to
stand up and resist by force of arms.

The only conceivable way to avoid theee
alternatives is by taking to the other side
of the Iron Curtain the struggle which the
Communists have been waging for the last
*3 years on the territory of free nations, en-
slaving them and ttirning them Into slave
camps. The surge of the wave of commu-
nism in the world has continued too long.
The time for the wave of freedom has arrived.
If it does not rise. If it does not spread to
the nations now groaning under the Com-
munist yoke, the destruction of the free
world, with or without war, Is Inevitable.

To conclude, we wish to repeat the call that
was made by antl-Commmunlst Russians in
September and October I960 during Khru-
shchev's appearance at the General Assembly
of the United Nations:

"Communism in Moscow means war.
A free Russia means peace.
Russians want freedom.
Help them In their strtiggle."

THE PR YINOP AN- ARKANSAS PROJ-
ECT. COLORADO

Mr. ROGERS of Colorado. Mr. Speak-
er, I ask unanimous consent to address
the House for 1 minute and to revise and
extend my rwnarks.

The SPEAKER. Is there objection
to the request of the gentleman from
Colorado?

There was no objection.

Mr. ROGERS of Colorado. Mr.
Speaker, Members of the House of Rep-
resentatives fi-om the State of Colorado
are, Individually, introducing legislation
to authorize the construction, operation,
and maintenance by the Secretary of the
Interior of the Pryingpan-Arkansas proj-
ect, Colorado.

The proposed legislation would au-
thorize the Secretary of the Interior to
construct dams, reservoirs, canals, and
facilities for the generation of electrical
energy. The proposed legislation would
supply a supplemental water supply to
the residents of the State of Colorado
and would be governed by the Federal
reclamation laws and acts amendatory
thereof or supplementary thereto.

This is a proposal to divert the waters
of the Colorado River system to the Ar-
kansas River Basin and it provides that
this authorization shall faie subject to
and controlled by the Colorado River
compact, the Upper Colorado River
Basin compact, the Boulder Canyon
Project Act, the Boulder Canyon Project
Adjustment Act, the Colorado River
Storage Project Act, and the Mexican
Water Treaty (Treaty Series 994). and
shall be included within and shall In no
way increase the total quantity of water
to the use of which the State of Colo-
rado is entitled and limited under said
compacts, statutes, and treaty, and
every contract entered into under this
act for the storage, use, and delivery of
such water shall so recite.

The project, when constructed, will
be subject to the Constitution and laws
of the State of Colorado which provide
for the development of its resources by
giving the better right to the use of water

to the appr(H>rlator who first makes
beneficial use of water. This principle
is not diluted by any provision of the pro-
posed legislation. It does not make
reservations for later use of any appro-
priator within the State. Aa between
Colorado and other States, some provi-
sions have become law which provide for
the reservation of the waters of Colo-
rado for future use as against other
States.

The project has been outlined in Hoiue
Document 187. 83d Congress, modified
OS proposed in the September 1959 re-
port of the Bureau of Reclamation en-
titled "Ruedi Dam £.nd Reservoir. Colo."
Naturally, there will be a possibility of
various changes, modifications. aiKl ad-
ditions to this plan and Congress can
properly act when the proposals are
presented.

It is my hope that all Members will
become well acquainted with these pro-
posals and recognize that this is a new
start that can help develop the West.
We. in Colorado, know that the proper
development and retention of its water
is the salvation of our future. The m>-
proval of this legislation at this session
of Congress should meet with the ap-
proval of those who are interested in the
future development of our country.

CONGRESSIONAL RECORD — HOUSE

431

ORDINANCE OF SECESSION OF THE
STATE OF MISSISSIPPI

Mr. WILLIAMS. Mr. Speaker. I ask
unanimous consent to extend my re-
marks at this point in the Record and
to include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Mississippi?

There was no objection.

Mr. WILLIAMS. Blr. Speaker. 100
years ago on this date a convention called
and authorized by the Mississippi State
Legislature adopted an Ordinance of
Secession, declaring itself henceforth "to
be a free, sovereign, and independent
State." This ordinance, in effect, de-
clared that the State of Mississippi was
(reclaiming the rights yielded by the
State to the Central Government when it
joined the Federal Union on December
10. 1817.

Mr. Speaker, on the same date, Jan.
uary 9. 1861, the first shot was fired at
Port Sumter. B.C.. signaling the begin-
ning of the War Between the States.

Because the Ordinance of Secession of
Mississippi is a historical document, I
am including a copy as part of my re-
marks along with a list of the signers:
Okdnancs or SECissroN, jAiraAKT 9, 1881

OROINANCZ or THE STATX Or MISSISSXPFl —
CHAPTSR X

An ordinance to dlSBOlve the union be-
tween the State of Mlssiaaippi and other
States united with her under the compact
entitled "The ConsUtuUon of the United
States of America."

The people of the State of Miaslasippi In
convention assembled, do ordain and declare,
and It is hereby ordained and declared as
foUows. to wit:

SacTiOM 1. That all the law* and ordi-
nances by which the said State of Ulasleslppl
became a member of the Federal Union of
the United State* of America be. and the
same are hereby repealed, and that all obli-

gations on the part of the said State or the
people thereof to observe the same, be with-
drawn, and that the said State doth hereby
resume aU the rights, functions and powers
which, by any of said laws or ordinances,
were conveyed to the Oovernment of the
said United States, and is absolved from all
the obligations, restraints and duties In-
curred to the said Federal Union, and shall
from henceforth be a free, sovereign, and
Independent State.

Ssc. a. That so much of the first section
of the seventh article of the constitution of
this State as requires members of the legis-
lature, and all officers, executive and Judicial,
to take an oath or affirmation to support the
Constitution of the United States, be, and
the same is hereby abrogated and annuUed.
Sac. 3. That aU rights acquired and vested
under the Constitution of the United States,
or under any act of Congress passed, or
treaty made, in pursuance thereof, or under
any law of this State, and not Incompatible
with this ordinance, shall remain in force
and have the same effect as If this ordinance
had not been passed.

Sac. 4. That the people of the State of
Mississippi hereby consent to form a Federal
Union with such of the States as may have
seceded or may secede from the Union of
the United States of America, upon the basis
of the present Constitution of the said
United Stetes. except such parte thereof as
embrace other portions than such seceding
Stetes.

Thus ordained and declared in convention
the 9th day of January, in the year of our
Lord 1801.

In testimony of the passage of which, and
the determination of the members of this
convention to uphold and malnteln the Stete
in the position she has asstuned by said
ordinance, it is signed by the president and
members of this convention this the 16th day
of January AJ>. 1861.

W. S. Barry, President; Adams County,
A. K. Farrar. J. Winchester; Attela
County. E. H. Sanders; Amite County,
D. W. Hurst; Bolivar County, M. H.
McOehee; CarroU Coimty, J. Z. George,
W. Booth; Claiborne County. H. T. El-
lett: Coahoma County, J. L. Alcorn;
Copiah County, P. S. Catching, B.
Kiiig; Clarke County, S. H. Terral;
Choctaw County. W. F. Brantley.
W. H. Witty, J. H. Edwards; Chicka-
saw County. J. A. Orr. C. B. Baldwin;
Covington County. A. C. Powell; Cal-
houn County. W. A. Sumner. M. D. L.
Stephens; De Soto Coimty. J. R. Chal-
mers. S. D. Johnston, T. lowers;
Franklin County, D. H. Parker; Greene
County. T. J. Roberte; Hinds County,
W. P. Harris, W. P. Anderson. W. B.
Smart; Holmes County. J. M. Dyer,
W. L. Kelrn; Harrison County, D. C.
Glenn; Hancock County, J. B. Deason;
Issaquena County. A. C. Gibson; Ite-
wamba County. R. O. Beene. A. B. Bul-
lard. W. H. H. Tlson. M. C. Cummings;
Jasper County. O. C. Oease; Jackson
County. A. E. Lewis; Jefferson County,
J. S. Johnston; Jones County. J. H.
PoweU; Kemper Covmty. O. Y. Neely,
T. H. Woods; Lawrence County, W.
Owln; Lowndes County, George R.
Clayton; Leake County. W. B. Colbert:
Lauderdale County, J. B. Ramsey.
F. C. Semmes; Lafayette County.
L. Q. C. Lamar. T. D. Zsom; Marshall
County. A. M. Clayton, J. W. Clapp,
8. Benton, H. W. Walter, W. M. Lea;
Madison County, A. P. HIU; Monroe
County, S. J. Gholson, F. M. Rogers;
Marlon County, H. Ma3rson; Noxubee
County, Israel Welsh; Neshoba
County, D. M. Backstrom; Newton
County. M. M. Keith; OkUbbeha
County, T. C. Bookter; Perry County.
P. J. Myers; Pike County, J. M. Nel-
son; Panola County. J. B. Plzer, B. F.

McOehee; Pontotoc County, C. D.
Fontaine, J. B. Herring, H. E. MlUer.
H. W. Flounioy; Rankin County, Wm.
Denson; Sunflower Ctounty. E. P.
Jones; Simpson County. W. J. Doug-
las; Snoith County, W. Thompson;
Scott County. C. W. Taylor; Talla-
hatchie County. A. Pattison; Tisho-
mingo County. A. E. Reynolds. W. W.
Bonds, T. P. Young, J. A. Blair; Tu-
nica County, A. Miller; Tippah
County, O. Davis, J. H. Berry, J. S.
Davis, D. B. Wright; Washington
County. J. S. Yerger; Wilkinson
County. A. C. Holt; Wayne County,
W. J. Eckford; Warren County, W.
Brooke, T. A. Marshall; Winston
County, J. Kennedy, W. 8. Boiling;
Yalobusha County, F. M. Aldridge.
W. R. Barksdale; Yazoo County, H.
Vaughan. O. B. Wilkinson.

Mr. Speaker, ironically enough, the
events that brought about Mississippi's
Ordinance of Secession in 1861 bear a
marked similarity to those which are
transpiring today.

In 1961 the people of Mississippi, in-
stead of fighting to dissolve their ties
with the Constitution of the United
States, are zealously and i*elentlessly
fighting to preserve our constitutional
Republic.

A NEW EMPHASIS ON BUY
AMERICAN LEGISLATION

Mr. STRATTON. Mr. Speaker. I ask
unanimous consent to extend my re-
marks at this point in the Record and
to include extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
New York?

There was no objection.

Mr. STRATTON. Mr. Speaker. I have
introduced again in this Congress two
bills which I introduced in the last Con-
gress dealing with the subject of the Buy
American policies of our Federal
agencies.

The first bill, H.R. 2073, provides for
an amendment to the existing Buy
American Act to make two important
changes. First, my bill would spell out
in the statute itself the cost differential
which Government agencies must be
guided by in conforming with ttie re-
quirement that they make their pur-
chases from American manufacturers so
long as the price differential is not "un-
reasonable." At the present time the
definition of reasonable and uiu-eas<m-
able price differentials is set by executive
action. Until recently that figure has
been set at 6 percent generally and 12
percent in the case of American-made
goods manufactured in areas of sub-
stsmtial unemployment. Quite obviously,
the basic purpose of the Buy American
Act, which is to channel American pur-
chases by Federal Government agencies
to American manufacturers rather than
to foreign manufacturers, could easily
be nullified by the executive branch If
the differential in cost were to be set at
an unrcMBilistically low figure.

The second feature of my bill is that It
would then proceed to establish that per-
centage at 25 percent. As a matter of
fact, the executive department has re-
cently adopted this same figure t<x goods
purchased in unemployment areas, pre-

sumably borrowing it from any legisla-
ti(m as it appeared in the 86th Congress.
However, I feel it is important that we
should nail the figure down into the
basic legislation rather than allow it to
be subject to abrupt change, on the part
of the executive.

The other bill I have introduced, H.R.
2072, would direct the Development Loan
Fund, in making purchases from Ameri-
can manufacturers, to give priority con-
sideration to manufacturers located in
areas of substantial unemployment. In
recent months the Development Loan
Fund, in providing its foreign aid as-
sistance to countries overseas, has been
directed by the President to require that
those foreign countries utilize their loan
funds for the purchase of goods manu-
factured in the United States. However,
the Executive order makes no provision
for any priority in making these pur-
chases from areas which are suffering
most heavily from unemployment, in
spite of the fact that in many cases the
unemployment 4rom which these areas
are suffering is directly the result of in-
creased American purchases abroad.

Surely the Etevelopment and Loan
Pirnd must be directed to give special
priority consideration to these imem-
ployment areas, and that is what my bill
would do. For one thing this would be
the cheapest and certainly the most ef-
fective way of providing Federal help for
distressed areas, and I believe we must
do everjrthing we possibly can in the ap-
plication of every existing Gtovemment
procurement program to give priority to
our unemployment areas. As the Execu-
tive order to the Development and Loan
Fund now stands foreign governments
purchasing locomotives in this country,
for example, are quite free to purchase
these locomotives from the General
Motors Corp., let us say, even though
the American Locomotive Co. In my dis-
trict in Schenectady, now known as Alco
Products, Inc., to take another example,
has been almost squeezed out of the loco-
motive business because of declining or-
ders, and thousands of former loyal loco-
motive employees are today walking the
streets in my district in search of work.
E^ven a comparatively few locomotives
channeled into this one imemployment
area could have a profound stimulating
effect on our local economy.

Mr. Speaker, some of us in this House
have fought hard in the past 2 years to
emphasize the threat which foreign
competition is presenting to our econ-
omy and to emphasize the need for con-
centrating (m American purchases. In
many ways the fight we have been fight-
ing has been an uphill battle. But things
have begim to change in the past few
months, because suddenly the problem of
the gold outflow is staring us squarely in
the face. Suddenly for this reason it
has becwne not wily necessary but even
fashionable to buy American. To meet
this problem of increased foreign im-
ports and the economic disbalance which
they have brought about, the adminis-
tration has recently taken the very
drastic step of putting the major share
of the burden of halting the gold outflow
Mito the wives and children of Ameri-
can servic^nen stationed abroad. Such
action can be at best inadequate and

\

.(I

432

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

|: ^ I

i

may well be seriously harmful to our
overall defense. I believe the solution to
our long-range problem in balance of
payments lies rather In the adoption of
the type of legislation which I have In-
troduced. I commend these bills to the
favorable consideration of my colleagues
in this House.

RESOURCE DEVELOPMENT
PROGRAM

Mr. UIiLMAN. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the Record.

The SPEAKER. Is there objection
to the request of the gentleman froiri
Oregon?

There was no objection.

Mr. ULLMAN. Mr. Speaker, my
friends and colleagues in this body know
my concern for an adequate resource de-
velopment program. Those of us from
the Pacific Northwest are particularly
aware of the importance of this program
because of our area's great land and
water resources, but it is a vital issue for
all the people everywhere. Our Demo-
cratic Party is justly proud of its herit-
age of principle in this field of policy
and of its record of accomplishment
through the years.

It has long seemed to me that a more
realistic budgetary concept toward reim-
bursable resource exF>enditiu-es is essen-
tial if we are to adequately utilize our
great natural resources.

The capital budget concept which I am
again presenting to Congress has at
least two advantages over the present
system. First, it would regularize and
provide for an overall planning of re-
source development investment. Sec-
ond, and perhaps more important, it
would facilitate the understanding, by
Congress and the administration as well
as by our people, of a fundamental dis-
tinction in our budgetmaklng; the
distinction between expenditures for cur-
rent operating expenditures and invest-
ments in capital development. I might
point out also that this second advantage
would touch on fields of Government op-
erations aside from just our resource de-
velopment program.

Because of my belief that adoption of
the capital budget concept would rep-
resent an important improvement in our
fimdamental budgetmaklng process, I
qx>nsored a bill In the last Congress
which called for its adoption. I was
extremely pleased that last year, a sub-
committee of our Government Opera-
tions Committee, under the able chair-
manship of the gentleman from Illinois
[Mr. Dawson], held preliminary hear-
ings on my bill. It was, of course, no
surprise to me that the outgoing admin-
istration registered strong opposition to
my proposal. I feel, however, that the
opportunity I had to reply to the dis-
torted criticisms made of the i>lll was a
very healthy thing. I am grateful that
the Government Operations Committee
printed those hearings and made them
available for use by my colleagues.

The following brief summary of my
bill's major points will. I think, indicate
the purposes of the measure as well as
ita specific provisions. Our proposal, and

I am joined in sponsorship of this bill
by the gentlelady from Oregon [Mrs.
GainEN] and by a number of distin-
guished Members of the other body, in-
cluding both Senators from my own
State [Mr. Morse and Mrs. Neubkrger],
is that the Employment Act be broad-
ened to include as a statement of purpose
the policy of differentiating between op-
erating expenditures and capital invest-
ments. It would add to the duties of the
Council of Economic Advisers that of
recommending minimum and maximum
programs of capital investment covering
a period of 6 years ahead. The Presi-
dent would be required, in the presenta-
tion of his budget to the Congress, to
distinguish between operating expendi-
tures and capital investments and to dis-
tinguish within capital investments those
of a self-liquidating nature having an
economic life in excess of 10 years; to
report as to the amount of the Federal
debt, again distinguishing that part
which is represented by these self -liqui-
dating capital investments; to recom-
mend the minimum and maximum pro-
grams of capital investment as prepared
by his Council of Economic Advisors; and
to report on the effect of the proposed
budgetary program on the reduction of
the Federal debt. Finally, the bill calls
for a distinction in law between the two
types of Federal debt, gross debt and
net debt, the latter excluding the amount
representing self-liquidating capital in-
vestment.

Mr. Speaker, we who sponsor this leg-
islation are firmly convinced that it is
based on a sound and fundamental prin-
ciple and that it offers a framework on
which the legislative process can build
the best possible bill to meet our needs.
I am proud to say that the Democratic
Party has recognized and affirmed this
principle. In our platform we state that:

We shall put budgeting for resources on
a businesslike basis, distinguishing between
operating expense and capital Investment, so
that the country can have an accurate pic-
ture of the costs and returns.

This is the aim of the bill which I have
introduced and I urge the new adminis-
tration to utilize our specific proposal in
piirsuing our mutual goal. I hope that
the various executive agencies concerned
under the new administration will fur-
nish us with constructive comments on
our proposal or, if they desire, recom-
mend specific legislation of their own in
this field. It is, as I have indicated, the
fundamental improvement of our all-im-
portant budget making process that I
seek. I believe that such an adoption of
the capital budget concept, in whatever
form we determine is best suited to our
specific needs, will make possible not only
the return to the multiple-purpose re-
soiirce development principles that are
a part of the Democratic Peirty's herit-
Skge, but a moving ahead in this vital
field of policy on a more sound and co-
ordinated l^asis in the challenging years
of the sixties.

from Texas [Mr. Algsk] may extend his-
remarks at this point in the Rbcorb and
mclude extraneous matter.

The SPEAKER. Is there objection
to the request of the gentleman from
Minnesota?

There was no objection.

Mr. ALGER. Mr. Speaker, we who be-
lieve that the building of a strong and
honest two-party system in the South
is Imperative to good government are
proud of the record established by Dallas
County Republicans. In the past three
presidential elections Dallas has given
the Republican nominee its support and
has been listed among the leading major
cities with the highest percentage of Re-
publican votes.

In the recent campaign, Dallas was
first among the cities of more than 300.-
000 population in terms of the percentage
of the vote given to the Republican pres-
idential ticket.

We think this is good for Texas and
good for America. Our whole system of
government has come to depend upon
two strong and healthy parties present-
ing the voters with a choice of philoso-
phies and programs. The Republican
victory in Dallas gives strength to
the two-party movement in the South
and we are proud of the accomplishment.

This morning I received the following
letter from Senator Thruston B. Mot-
TON, the chairman of our party, who
shares our pride :

Rbpttbucam National Ck>MMrRBB,
WoMhington, D.C.. January 4. 19S1.
Hon. Beucs Ausb.

Member of Congress.
House Office Building,
Washington, D.C.

DxAK Bbxkte: I note that in 1060, as In lOM,
the city of Dallas ranks first among the cities
of more than 300,000 population In terms oct
the percentage of the vote given to the Re-
publican presidential ticket.

The development of tremendous Republi-
can strength In Dallas is a phenomenon with-
out parallel in our recent political history.
It is a tribute to the vigor and determination
of the dedicated people who have worked
for the Republican cause under your leader-
ship. I hope that the spirit which has pro-
duced these magnificent results in Dallas
will prove contagious In the elections which
He ahead.

Best wishes for the Mew Tear.
Sincerely yours,

Thkuston B. Mortom.

433

BUHD A STRONG AND HCWEST
TWO-PARTY SYSTEM

Mr. NELSEN. Mr. Speaker. I ask
unanimous consent that the gentleman

URGENTLY NEEDED TAX REFORM
BILL

Mr. NELSEN. Mr. Speaker. I ask

unanimous consent that the gentleman
from Texas [Mr. Alger] may extend his
remarks at this point in the Ricoro.

The SPEAKER. Is there objection
to the request of the gentleman from
Minnesota?

There was no objection.

Mr. ALGER. Mr. Speaker, today I
introduced a tax reform bill which I
believe to be urgently needed legislation.
This a the same bill I had the privilege
of 5p>onsormg m the last Congress along
with my very good friends Congressman
Std Hirlong, Congressman Howard
Baker, and others. I hope it will be
given serious consideration in this pres-
ent session.

We are paving the way for socialism
in America through the progressive con-
fiscatory tax. Instead of taking prop-
erty, as they do cH>enly in Communist
and Socialist countries, we have been
taking income which, if carried to the
ultimate end. will mean that we will
have the property and our people will
have lost their freedom just as surely as
If we had confiscated the means of pro-
duction in the beginning.

Our increasingly high taxes are dry-
ing up risk capital and killing incentive.
When incentive goes, free enterprise will
die. When risk capital becomes scarce,
Government loans enter the scene. In
both cases, socialism blooms while the
heavy lawien taxpayer gives up property
and loses freedom. This might be called
socialism, American style.

To whatever extent we are encourag-
ing socialism by tax burdens at the ex-
pense of personal freedom and free en-
terprise, we must alter the income tax
law. Yet such alteration in the closely
knit Government-business relationship
must necessarily be accomplished grad-
ually, with maximum foresight and plan-
ning. The changes effected must not
disrupt business nor inflate or weaken
our currency through deficit spending,
as a result of precipitously reduced In-
come to Govenunent.

The bill I introduced today provides:
First, a gradually reduced individual and
corporate income tax rate over a 5 -year
period. It would provide reductions for
individuals — lowest bracket down from
20 to 15 percent; highest, 91 to 47 per-
cent; corporate. 1 percent per year; sec-
ond, a more realistic depreciation rate;
third, decreased estate and gift taxes;
fourth, deferral of capital gains tax until
taxpayer disinvests. At the end of the
5-year period further tax changes could
be made to remove the tax burden and
stimulate economic growth.

The loss of Government income, which
always must be considered In tax cuts,
would be more than offset by business
growth which in turn provides more tax
revenues. This seemingly contradic-
tory anomaly has been established by
earlier tax cuts providing the wisdom
and Incentive of such action.

During the recent campaign we dis-
cussed thoroughly Russian economic
growth as compared to our own. By
passing such legislation as is proposed
here and preserving incentive, building
risk capital, we can svuipass any Russian
effort that is based on government tyr-
anny. If we try to emulate Russia by
government regulation, control, and con-
fiscatory progressive taxation, which is
Russia's blueprint for destroying free en-
terprise societies, we just commit sui-
cide.

Too many of our citizens and. unfor-
tunately, some Members of Congress, do
not recognize the danger of ever -increas-
ing taxation and. consequently have
given no thought to a solution. This tax
bin, I am convinced, provides a solution
and will strengthen our free-enterprise
system and make more secure the liberty
of our people.

cvn i»

PRESIDENT'S AUTHORITY TO
REDUCE TARIFFS

Tlie SPEAKER. Under previous order
of the House, the gentleman from West
Virginia [Mr. Bailet]. is recognised for
20 minutes.

Mr. BAILEY. Mr. Speaker, I ask unan-
imous consent to revise and extend my
remarks and Include extraneous matter.

The SPEAKER, Is there objection
to the request of the gentleman from
West Virginia?

There was no objection.

Mr. BAILEY. Mr. Speaker, I have re-
introduced the House Concurrent Reso-
lution that in the 86th Congress was in-
troduced by more than 40 Members f rc»n
some 25 States. The sponsors were
about equally divided between the two
parties. The resolution expressed the
sense of Congress that the President
should not exCTclse the authority granted
him in the Trade Agreements Extension
Act of 1958 to reduce existing tariffs by
as much as 20 percent.

Mr. Speaker, even since the adjourn-
ment of the last Congress additional
force has been lent to the proposal that
s?nce the United States is in no present
position to make further tariff reduc-
tions the Congress should now advise the
President that he should lay the 1958
authorization aside. There is, after all,
nothing mandatory about an authoriza-
tion.

Conditions have come to the surface
since 1958, that, while some of them
were long on the way and were foreseen
by some of us. have now awakened many
people to the imenviable trade position
of the United States in competition with
the other leading industrial nations of
the world.

The new concurrent resolution (H.
Con. Res. 4) cites msmy of these condi-
tions as a preamble to its conclusion.
These need not be repeated here.
Members may read them in the Record.
Mr. Speaker, imder permission already
granted. I insert in the Record at this
point a c<vy of House Concurrent Resolu-
tion 4.
The matter referred to is a.<: follows:

Whereas the Eighty-fifth Congress passed
the trade agreements extension bill in Au-
g\ist 1968, authorizing the President within
a four-year period to reduce existing cus-
toms duties up to 20 per cent\im;

Whereas an International conference held
under the auspices of the General Agreement
on Tariffs and Trade is being convened In
January 1961. In Geneva, Switzerland;

Whereas profoiuid changes In the Interna-
tional competitive standing of United States
producers have occvured since the passage of
the Trade Agreements Extension Act of 1958;

Whereas mounting deficits Incurred by the
United States In the total foreign account,
which attained the magnitude of $3,400,000.-
000 in 1958, $3,700,000,000 in 1959. and an
estimated $3,000,000,000 In 1960;

Whereas the gold outflow In partial satis-
faction of these deficits since January 1958
has reached a level of approximately $5,000,-
000,000, while the stock of gold at Fort Znox
has fallen to a level below $18,000,000,000
against which foreign claims of more than
$18,000,000,000 are outstanding, nearly all of
which could be withdrawn on demand;

Whereas prevention of a disastrous outflow
of gold to foreign countries adds to the pres-

sure on the Treasury Department to offer
higher Interest rates on its current and fu-
ture borrowings, thus dampening domestic
industrial activity and promoting stagna-
tion while adding to the outlay for Interest
on the national debt, the interest service on
which has already reached the level of
$9,800,000,000 annually and bids fair to rise
appreciably, thvis adding to the national
budget additional bmions of doUars of fixed
charges:

Whereas Imports of finished and semifin-
ished manufactures have risen sharply In
recent years and now represent two-thirds
of our total Imports, thus reflecting the
sharpened competitive advantage that has
been gained by other Industrial covmtrles
over the United States;

Whereas the United States has moved from
the position of a leading export nation in a
number of items that are products of mass
production and therefore the output of our
most advanced Industries technologically,
among them being automobUes, petroleum,
cameras, sewing machines, and typewriters,
thus reflecting the startling loss of techno-
logical leadership by the United States to
other countries that enjoy a wage differential
In comparison with this country;

Whereas niunerous domestic mantifac-
turers have In the past two years made ar-
rangements to manufacture abroad as a
means of gaining lower production costs and
enabling them to supply foreign markets
from abroad rather than from the United
States and in some Instances to ship into
the United States from branches established
abroad, thus reducing opportunities for em-
ployment of American workers, retarding
American suppliers of materials and parts
to domestic Industry, and preventing small
American companies that lack the capital
resources to Invest in foreign faculties from
participating In the economic growth rep-
resented by such use of United States capi-
tal, thereby producing the total effect of
handicapping American industrial power and
diminishing tax revenues at a time when the
cold war costs of the Federal Government
are mounting;

Whereas the productivity of labor In other
Industrial countries has taken a notable
leap, stimulated in great degree by some
$25,000,000,000 in modern machinery and
equipment shipped abroad by the United
States during the past seven years, thus In-
creasing the competitive advantage of for-
eign producers, particularly In the absence
of any significant Increase in foreign wage
rates compared with those prevailing in this
country;

Whereas American Indxistry may expect in-
creasingly sharp and distressing competition
from abroad because of the generally weaker
bargaining powers of foreign labor imions
compared with those of this country, thus
offering no hope of any closing of the cost
differential l>etween foreign and domestic
producers in the foreseeable future;

Whereas this competition, already severe
and capturing progressively larger shares of
our home market for numerous products,
will create grave problems of survival for
some of our industries and of maintaining
In such Industries an American scale of
wages and the enjoyment of an American
standard of living for their workors, even
without further tariff reductions by the
United States: Now. therefore, be it

Resolved by the House of Representatives
(the Senate concurring) . That it is the sense
of Congress :

That the United States should grant no
further tariff reductions In the tariS nego-
tiations under the auspices of the General
Agreement on Tariffs and lYade in 1961. not-
withstanding the authorization contained in
PubUc Law 85-686, known as the Trade
Agreements Extension Act of 1968.

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434

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

485

Mr.BAILET. I would like. Mr. Speak-
er, to call particular attention to some
compelling facts that will point to the
utter folly of this country's further tariff
reductions. Not only would such action
be foolish: it would in fact be dangerous
to our economy and therefore indefensi-
ble and reprehensible.

One of the hard facts that we must
face is the meaning of our loss of gold.
In 1960 we lost another $1.7 billion, over
a billion of it in the last 6 months. This
loss brought the gold stock remaining in
Fort Knox to $17.6 billion or the lowest
point since January 1940: and, already
in 1961, the new year that is hardly im-
derway has witnessed the loss of another
$100 million. As matters stand today,
foreign claims against the dollar are
higher than the stock of gold remaining
in Port Knox. If a ran should develop
we could be denuded completely of our

gold.

I cite this situation, not merely as a
danger in itself, but as a symptom of
what is wrong basically. The question is
what has brought us to this unenviable
position.

Has It been our expenditures overseas?
Unquestionably that has been a strong
contribution — ^not simply because of the
amount of money sent abroad, but be-
cause of what was done with it. As an
example, some of the Marshall plan
money went for the construction of pot-
tery plants abroad, some went for the
building of textile industries, and so
forth. I happen to come from a State in
which pottery manufacturing is an im-
portant source of income and employ-
ment. Moreover, imports of pottery have
been a source of distress to our producers
over the years. A number of plants have
been driven out of business as a result
of this low-wage import competition.
Why then was it considered wise to stim-
ulate the pottery industry abroad? What
Gtod-given right has the foreign coimtry
in pottery production that should give
it the privilege of driving us out of the
business, and, mind you, with our own
financial assistance?

When was the right of eminent do-
main conferred upon foreign producers
entitling them to bulldoze our producers
out of their way at wiU? Now we have
distress area bills designed to repair the
damage. We will be called upon once
more to dip into the Treasury to cover
up the effects produced by the previous
dippings into the Treasury.

Mr. Speaker, meantime we made it
easier for other countries to ship other
goods into this country. We stripped
our tariffs to mere stumps of what they
were. We cut them down an average
of about 80 percent from the previous
height. We actually invited other coun-
tries to come into our home market and
to dispossess such of our industries as
could not compete with the low wages
paid in the other countries. We raised
hardly a hand to defend them. Our
State Department subscribed to the mis-
erable and intolerable theory that any
industry in this country that could not
compete with coolie labor was not worth
keeping alive. On top of that, to repeat,
they cut away existing tariff defenses,
helped build up competing industries
abroad, thereby adding to the tax bur-

dens of domestic industries and saw to it
that our industrial know-how was ladled
out freely to foreign producers.

If the chickens are now coming home
to roost in ever greater flocks it should
be no surprise.

Mr. Spjeaker, oiur whole modem econ-
omy since the days of Henry Pord ha«
been built upon mass production and
high wages. This combination has en-
joyed a phenomenal success, equalled no-
where else in the world. This mass pro-
duction made possible higher wages and
lower costs. In turn it provided the pur-
chasing power that absorbed the high
volume of goods that came from the pro-
duction lines.

The entire system was built under
the protection of the tariff. This pre-
vented the undermining and breakdown
that otherwise might have occurred.
What we did in fact was to insulate our-
selves against low foreign wages that
could have sapped our system of its
vitality and made of it the anemic pro-
ductive pattern that prevailed elsewhere.

Then we forgot. We became very
prideful. We were the world's indus-
trial leaders. We were strong and
invulnerable — at least so thought our
economists and so they preached in their
classrooms and into the ears of the State
Department. It was outmoded, horse-
and-buggy thinking to cast doubt on this
unwholesome fallacy.

Well, it is said that pride goeth before
a fall; and today we stand at the verge
of a downfall.

We were the world's leading mass pro-
ducers. We were in the technological
forefront. Thanks to the State Depart-
ment philosophers and the internation-
alist zealots, we are fast losing this lead.
No longer are we the vanguard. BCA.
PGA. ICA and the other aliases used to
designate our foreign aid program saw
to that. They overran our factories
with foreign engineers and experts
eager to learn our methods and tech-
niques and they did not go away empty-
handed. Today they are using our
modem methods.

Meantime we supplied over $30 bil-
lion worth of modern machinery to those
countries, a great part of it psdd for by
our Treasury. Any wonder that their
productivity per man-hour shot ahead
and greatly outstripped our rate of
increase? Now we gasp for more
growth and expansion. We forget what
we have done to put us in our present
spot.

Where is this expansion to take place?

With all the increased productivity in
other industrial countries, wages there
have lagged in relation to the rising pro-
ductivity. Therefore the competitive
advantage previously enjoyed abroad
over our handicraft and less mecha-
nized industries has now been extended
to our mass-production industries.

As a result our own Industries, that is,
those of them that are faced by growth-
dampening import competition are di-
viding their investments into foreign and
domestic. Why? The answer is self-
evident. They feel as Pord must have
felt that the return on their dollar will
be better abroad than here. The invest-
ment climate abroad looks better than in

the United States of America. Thli Is
not to say that foreign investments are
evil in themselves. It does mean that we
would do well to look at the home front
when our dollars seek foreign outlets
rather than at home. How will we ab-
sorb the unemployed in this country if
we do not expand?

Yet it must be very clear tlUtt we
will not get the needed expansion until
our producers can be sure that they can
sell their increased output for the home
market in the home market instead of
being pushed aside by imports.

Mr. Speaker, it strikes me as unspeak-
ably stupid under these circumstances
to heap still greater incentives upon o\ir
producers to go abroad as against in-
vesting more freely and with greater
assurance at home.

I for one cannot feel that the dis-
tressed areas in this coimtry can pos-
sibly be helped by further tariff reduc-
tions. Nor can I bring mjrself to believe
that we will achieve the increasing
growth in this country that is needed
to absorb the expanding work force if we
are to expose an already excessively ex-
posed production plant to more Job-kill-
ing import competition.

Mr. Speaker, I beseech my coUeagues
to support House Concurrent Resolution
4 and thus to prevent piling further dis-
tress on areas that are already in distress
in this country and to avoid creating
additional distress areas.

I should like to ad lib at this point to
remind my colleagues of the House of
Representatives that in a very close fight
during the last session of the Mtb Con-
gress a watered-down version of HM. 6
was approved. I shall feel kindly toward
the other body because that bill. H.R. 5.
found a quiet resting place in a pigeon-
hole of the Senate Finance Committee.

Mr. STRATTON. Mr. Speaker, will
the gentleman yield?

Mr. BAILEY. I yield to the gentleman
from New York.

Mr. STRATTON. Mr. Speaker. I ap-
preciate the gentleman's yielding be-
cause he has been the leader in this
Chamber in the flght against the large
flow of foreign imports into this country,
a condition which has resulted in many
areas throughout the country and, cer-
tainly, in my own district in much unem-
ployment because of this competition.
I want to ask the gentleman. Is is not
true that the bill which the gentleman la
offering in this Congress, as he did in
the last Congress, would tend to reduce
this flow of imports? And, I would like
to ask the gentleman too, if It Is not also
true that thereby we would be preserving
American jobs instead of exporting thon
jobs to foreign countries?

Mr. BAILEY. The gentleman from
New York is correct. That is the situa-
tion and that is the objective of House
Concurrent Resolution 4.

Mr. STRATTON. If the gentleman
would yield further, I would like to ask
the gentleman if he does not feel en-
couraged in the long flght he has been
waging, sometimes against heavy odds,
by the attention that has recently been
paid in this country to this problem?
We are told today that gold is flowing
out of this country at a rapid rate and

atiempta have been made to stop this
flow by tmpoalng what seem to me to be
unnecessarily severe restrictions on the
wives and famines of American servtoe-
men. Does not the gentleman feel that
the case which he has been trying to
take to the Congress and to the people,
and which some of the rest of us have
been trying to help him on has now be-
come one of the major issues in the
Nation, and does he not feel, perhaps,
that the real solution of the gold outflow
problem lies rather in the adoption of
long-range legislation such as he Is pro-
posing and also (tf other companion
pieces of legislation that some of us have
introduced.

Mr. BAILEY. The gentleman well
knows that for the last 12 years I have
been telling my colleagues what would
happen to our gold reserves if we do not
make some changes in our present trade
policies. The reciprocal trade agree-
ments may have been in order and may
have been all right in 1934, but I would
like to remind the gentleman that there
have been quite a few changes in the sit-
uation in this country since 1934 and in
all the countries in the world. But, there
stands the Reciprocal Trade Agreements
Act Just as it was in 1934. We are the
only party of the 42 nations in that in-
ternational agreement that lives up to
Its commitments, and the rest of the par-
ties to the agreement set up every kind
of device possible until the Reciprocal
Trade Agreements Act has become a one-
way street. It is a joke and it is no
longer reciprocal cuid It is time that the
Congress did something about It.

Mr. VAN ZANDT. Mr. Speaker, will
the gentleman yield?

Mr. BAILEY. I yield to the gentleman
from Pennsylvania.

Mr. VAN ZANDT. When does the
Itresent reciprocal trade law expire?

Mr. BAILEY. The present Reciprocal
Trade Act expires on Jime 30. 1962. The
purpose of the resolution I have intro-
duced Is to freeze the authcMlty granted
to the Presidoit to reduce import duties
by 20 percent.

Mr. VAN ZANDT. A moment ago the
gentleman mentioned in his statement
that $30 billion of American money is
now invested abrotul. Converting those
dollars in terms of jobs; what would that
amount to?

Mr. BAILEY. I do not have the in-
formation at the moment to be able to
give that information to the gentleman,
but I will be glad to supply it.

Mr. VAN ZANDT. Based upon my
reading. recenUy. I find that $30 billion
of American capital invested abroad rep-
resents about 5 million American Jobs.
In other words, we have transferred
those jobs from our American working-
men to the workingmen of other coun-
tries.

Mr. BAILEY. I would say to the gen-
tleman from Pennsylvania that we have
tried to buy friendship by draining the
Treasury of the United States, and we
have less friends today than we have ever
had. Now they are trying to buy that
friendship by selling American jobs down
the river.

Mr. VAN ZANDT. U I may ask the
gentleman just one other question; is it

not true that many of these great organ-
izations, both business and labor, that
supported the extension of the Becipro-
cal Trade Agreemento Act a few years
ago are now taking a negative position?

Mr. BAILEY. That Is true.

Mr. PLYNT. Mr. Speaker, win the
gentleman yield?

Mr. BAILEY. I yield to the gentleman
fromOeorgia.

Mr. FLYNT. Mr. Speaker, I take this
<^)portunity to commend the gentleman
from the State of West Virginia on this
tight which he is renewing In this ses-
sion. The gentleman from West Vir-
ginia well knows of my association with
him on this particularly vital subject
matter over the last 5 years. The par-
ticular commodities and particular
products which are adversely affected in
the gentleman's home State of West
Virginia differ in kind entirely from the
products which are adversely affected
in Georgia, but the principle is the same.
However, we have studied this situation
carefully, and we have realized that Jobs
of men and women In West Virginia, as
well as Jobs of men and women in
Georgia, are being jeopardized and
threatened every day as long as the pres-
ent policy is being carried out. which
sacrifices American industry and Ameri-
can employment and the jobs of Ameri-
can men and women to competitive
counterparts, all over the world. We
realize that we must take a second kx^
at this very Important subject. It is
possible that the Department of State
and the Department of Commerce, as
well as the incoming President of the
United States, must make a very positive
reappraisal of this subject matter which
is permitting foreign surpluses to be
compounded on top of domestic sur-
pluses. This could destroy the economy
of any nation on earth.

The gentleman remembers that in
1934. when the Reciprocal Trade Agree-
ments Act was first enacted that its pur-
pose was a very meritorious one. The
purpose and the principle underlying
subsequent extensions of the Reciprocal
Trade Agreements Act have likewise
been meritorious. However, the gentle-
man is well aware of the fact that in
1934 there was a very clear necessity for
stimulating commerce and trade among
the nations of the world. The purpose
of the Act at this time, as was well
defined and sponsored by the then Secre-
tary of State, Cordell Hull, was to pro-
mote the free flow of goods and com-
merce among the nations of the world
without artificial trade barriers whereby
there might be an exchange of goods
and commodities in which we were in
surplus for an exchange of goods and
c(nnmodities which other nations were in
surplus. It was not intended then, and
should not be permitted now. to pile up
or encoxirage foreign surpluses on top of
existing domestic surpluses of like com-
modities and products.

Mr. BAILEY. I thank the gentleman,
and I shall enjoy working shoulder to
shoulder with him In modiflcaticm of the
Reciprocal Trade Agreements Act to
adequately safeguard and protect Amer-
ica's basic Industry.

Mr. FLYNT. I thank the gentleman.
I will certainly do everything within my

power to the end that the true purpose
of the Reciprocal Trade Agreements Act
may be kept in force and effect In this
country.

Mr. BAILEY. I thftnk the gentleman.

Tbe SPEAKER. Hie time of the
gentleman from West Virginia has ex-
pired.

^

YELLOW JOURNALISM

The SPEAKER. Under the previous
order of the House the gentleman from
Ohio [Mr. ScHxual is recognized f<x 15
minutes.

Mr. SCHERER. Mr. Speaker. I aik
unanimous consent to revise and extend
my remarks in the Recoro and to include
therein letters and articles.

The SPEAKER. Is there objection
to the request of the gmtleman fnun
Ohio?

There was no objecti(xi.

Mr. SCHERER. Mr. Speaker, the
Washington Post over the years has con-
stantly and viciously attacked the Com-
mittee on Un-American Activities with
false and distorted editorials, cartoons,
and slanted news stories. Recently it
has stepped up its hysterical smear at-
tack to the point that thoughtful and
informed persons are beginning to won-
der about the real motives of those in the
Washington Post organization who are
responsible for this kind of yellow Jour-
nalian. It has consistently used the
very tactics with which it charges the
staff and members of the Committee on
Un-American Activities.

In connection with its handling of
the San Francisco riots the Washington
Post is guilty of almost imbelievable dis-
tortion of the facts. It has charged
that the film of the riots, taken by tele-
vision and newsreel cameras on the scene
at the time, has been forged by the
committee.

So that the public and Members of
Congress who are daily exposed to the
warped propaganda of this leftwtng
newspaper may have some idea of the
facts surrounding the recent controversy
about the committee and the film of the
San Ptancisco riots, Bfr. Speaker, I am
asking unanimous consent herewith to
insert in the Recors a series of letters
by the chairman of the committee to
the Washington Post in reply to its
scandalous attacks ; a letter to the editor
of the Washington Post by the distin-
guished Congressman from Washington,
the Honorable THohas Ptllt; an edi-
torial In the Washington Evening Star
of December 5, 1960 ; a transcript of 1^
broadcast by Ray Henle on the NBC
network; a column by David Lawrence;
an editorial from the Arizona Republic
of October SO; an article by Jack Lotto
in the Cincinnati Enquirer of Novem-
ber 0; the radio broadcasts over Mutual
Broadcasting System by Pulton Lewis,
Jr., on December 6, 7, and 8; Counterat-
tack of January 6. 1961; and two joint
statements by seven ministers who at^
tended all of the San Francisco hearings.
[Prom the Washington Poet. Dee. 98, IMO]

BEFmaBNTATivx WALOca DmnatoB Uh-Aiobi-

CAH Ac-iiviTjjts awoxrr xh "ABOunon" Piuc

(Cbainaan nuKca K. WAun ot tb» Houm

Un-ABMrtcan ActtvltiM Commtttao bas taken

severe lesue with three ot our edltorUle

^

m

CONGRESSIONAL RECORD — HOUSE

Jantuiry 9

1961

CONGRESSIONAL RECORD — HOUSE

437

i

CONGRESSIONAL RECORD — HOUSE

Jantuiry 9

1961

CONGRESSIONAL RECORD — HOUSE

437

Hi

(November 76. November 30, and Decembw
aO) which criticised "Operation Abolition."
the film prepared by the committee about the
■tudent riots In San Pranclaco laat May.

(In order that readers may Judge the edi-
torial crltlclsmB and Mr. Waltbb's answers
In context, we publish below the complete
exchange of correspondence on the subject.)

Dkxmbks 9, 1960.

lb. J. RusasLL WiooxNS.
Executive Editor.
The Washington Post,
Washington, D.C.

DsAB M«. WiooiMs: Upon my return from
Geneva. 8wlt«erland. where I attended the
session of the councU of the Intergovernment
Committee for European Migration. I foiind
the enclosed cartoon and editorial, both
having appeared In the Washington Post on
November 30.

HAVlng been accuBcd of a "curious little
fraud." I wish to obtain from you an ex-
planation regarding the alleged "doctoring"
of the film. Including an Indication of spe-
cific parts of the newsreel which you believe
were deleted or altered.
Sincerely yours.

Fkancib E. WALT«a.
Member of Congress. Chairman. House
Un-American Activities Committee.

Dbcbmbzb 16. 1960.
How. PaAwcu E. WALTca.
Houte of Representatives,
Washington, D.C.

Dear Cowobbmmaw Waltb: This Is In re-
ply to your letter of December 9. An ex-
ample of the kind of distortion to which oxu-
editorial referred and to which the cartoon
alluded revolved about the Identification of
Harry Bridges with the city hall disturbances.

Those on our staff who viewed the film
gained the distinct Impression that the nar-
ration and the plctiires Identified Bridges as
a very active and present participant In the
so-called riots. I do not have the exact
quote of the narration at hand, but the ver-
sion quoted by Herb Caen In the San Fran-
cisco Sunday Chronicle pretty well fits the
recollection of the members of our staff.
That quote is: "Among the Communist
leaders who had an active part In the San
Francisco abolitionist campaign and the pro-
test demonstration was Harry Bridges, whom
you see here 'lelng escorted out of the city
hall by police officials moments before the
rioting broke out."

The testimony of three different (>er8ons
with whom we were In touch was that
Bridges was not at the city hall at the time
the rioting broke out but was eating lunch
at a restaurant not far away, and that by
the time he got to the city hall, the thing
was all over.

It seems to vua also that the fact that 67
of the 68 arrested persons were released, aft-
er being charged with disturbing the peace
and resisting arrest, Indicates that the facts
were not exactly in accord with those as pre-
sented In the film. Our attention has been
called to a statement from several sources
that Mr. Wheeler, of the committee staff, has
admitted that the film has Inaccxiracles and
distortions.

These are some of the considerations that
led us to the conunent to which you refer.
Sincerely yoiu«,

J. R. WlOOINS.

DccniBXB as, 1960.
Mr. J. Rtrsssu. Wigoihb.
Executive Editor,
The Washington Poet,
Washington, D.C.

DsAR Mb. Wiooins: Tour statement in your
letter of December 16 that you have been in
touch with three different persons who say
that Harry Bridges was not In the San Fran-
cisco City Hall but eating lunch at a nearby
restaurant when the rioting broke out, and

It had ended by the time he arrived at city
hall. In no way negates the statement In the
film. "Operation Aboiltlon." that:

"Among the Communist leaders who had
an active part in the San Franflisco 'aboli-
tion' campaign and the protest demonstra-
tions was Harry Bridges, whom you see here
being escorted out of city hall by police
officials moments before the rioting broke
out."

The film, as the above quotation from its
narration clearly indicates, does not asso-
ciate Bridges with the rioting but only with
the protest demonstrations. Your stat«ment
that your staff members who viewed the
film "gained the distinct Impression" that it
identified Bridges as "a very active and pres-
ent participant In the so-called riots." does
not speak well for their memory nor for their
attentiveness to what they hear — qualities
which are quite Important to accurate report-
ing.

A variety of sources attest to the accuracy
of the film's statement that Bridges "had an
active part in • • • the protest demonstra-
tions";

The San Francisco Examiner had newsmen
on the scene. It reported (May 14, 1960.
sec. 1, p 6, col. 1) :

"(Bridges] had been haranguing a group
of people still in the rotunda, and crying.
•I'm going to get a gang up and see the
mayor ' "

The San Francisco News-Call Bulletin also
had reporters on the scene. It reported (May
13. 1960. p. 1. col. 8) :

" (Bridges] was hustled out of the city hall
by police today after he started to address a
group of demonstrators at the bottom of the
main stairway inside the rotunda."

J. Edgar Hoover in his report on the riots.
"Communist Target — Youth." stated:

"Order had been restored when Harry
Bridges, president of the International Long-
shoremen's and Warehousemen's Union, sud-
denly appeared on the scene. Demanding
to know what part firemen had played in the
use of the fire hoses. Bridges commented that
he would see If the firemen's pay could be
cut. The day's activities closed with Archie
Brown Joining Bridges and shouting. 'You
tell them, Harry; they'll listen to you.' "

If you had checked with the committee
on the Bridges matter, you would have been
informed frankly — as other news media rep-
resentatives have been — that the film com-
mentary Is In error in stating that Bridges
was escorted from the city hall before the
rioting broke out. This unfortunate, but
honest and decidedly minor, error has the
effect, in a sense, of clearing Bridges to a
certain extent — because It removes him from
the scene before the violence broke out.
This fact hardly fits in with your implica-
tions about the manner in which the film
has been distorted and the sinister motives
for the alleged dlsto.-tions.

Tour second point. You state :

"It seems to us also that the fact that
67 of the 68 arrested persons were released,
after being charged with disturbing the
peace and resisting arrest, Indicates that the
facts were not exactly in accord with those
as presented in the film."

Tour writing here is rather vague and
fucay. particularly for a newspaper editor,
but I presvune you meaii by the above that
the fact that 67 of the 68 arrested were
released. Indicates that they were not guilty
as charged.

Inasmuch as you have editorially claimed
"diligent Inquiry into the San Francisco
matter." however, I find It difficult to be-
lieve that this la really what you could
mecm. Bwely you must know that Judge
Albert J. Azelrod of the Ban Francisco Mu-
nicipal Court stated in his decision on the
case that, as far as the arrestees were con-
cerned, there were "enough facts to Justify
a oonTlction on at least two grounds," but

then went on to state three reaaonu why
he was dismissing the charges against the
arrsstees:

(a) A conviction on any one of the counts
could carry with it "a stigma which could
well haunt them every time they applied
for a responsible position either in private
Industry or in the Government service." The
Judge said that in the past he had received
nimicrous appeals from young men and
women to erase convictions on their records
because they were hampering their chances
for employment, but that he had been help-
less to aid them.

(b) A mass trial of the defendants would
not only be costly in a monetary sense, "but
would play directly into the hands of those
who create the unrest and do everything in
their power to upset our democratic proc-
esses and way of life." *

(c) He believed the defendanU had al-
ready been punished sufficiently and said. "I
am hopeful that they have learned the errors
of their ways and that there will be no rep-
etition of their type of conduct."

This statement, coupled with hundreds of
feet of film fooUge shot on the scene by local
TV cameramen— portraying many of the ar-
restees engaged In rioting, disturbing the
peace and resisting arrest (the three charges
against them) and with the accounts of nu-
merous newsmen on the scene, leaves no
doubt that, on the matter of the arreateea.
the film presenUUon U "ezacUy in accord"
with the facts.

Your final effort to Justify your vlekms
editorials about the film is based on a state-
ment "from several sources" that a commit-
tee staff member has admitted the film con-
tains "Inaccuracies and distortions." If you
had truly made "diligent inquiry" into tha
film, you would have found, as other peopla
have (see for example the Palo Alto Times
of Nov. 30). that the film contains ab-
solutely no distortions, that the staff member
In question had not himself used the word
"distortions," and that he had stated only
that there were three insignificant time
sequence errors in splicing together tha
thousands of feet of film that maks up tha
picture.

I do not ask you to publish this letter but.
inasmuch as you fail In your letter of De-
cember 16 to produce a shred of evidence that
wotild Justify your charges that I am a party
to forgery, fraud, falsification and warping at
the truth. I ask that you publish the at-
tached letter as my official reply to the threa
editorials the Washington Poet has published
on the committee film, "Operation Aboiltlon."
Sincerely yours,

nuMCis K. Wali

The BuxToa,

The Washington Post,

Washington, D.C.

DBAS Borroa: In three editorials and one
cartoon the Washington Post has mad* vi-
cious attempts to discredit the motion pic-
ture "Operation Abolition," a documentary
film of the Communist-led riots against the
House Committee on Un-Anaerlcan Activities
in San Francisco on May 18, 1060.

The Washington Post editorials have la-
beled this film a "falsification of facU."
"forgery by film," "mendaciously distorted";
"highly colored and questionable," "a place
of propaganda." and a "curious little film
fraud" with a "highly loaded running com-
mentary." They have charged that the film
"warps the truth" and "makes a dirty Joke
of the congressional inveatigating power."

The Washington Poat claims that It lias
made "diligent inquiry" to ascertain the
truth concerning the San Francisco riots and

1 Apparently Judge Axelrod supports the
committee claim that the riots were Com-
munist-instigated.

that this truth contradicts the committee's
'^ \ film on two basic points.

The first point is that the main thesis of
the film is "wholly unjustified." You cor-
rectly describe lU main thesis as being "that
the demonstrations were Communist in-
spired and Communist led." The truth, you
claim, is "that Communists bad nothing
whatever to do with the instigation, organ-
ization, or leadership" of the student rioters.
What are the facts on this matter?

The San Francisco Chronicle of May 18.
1960, made the following statement concern-
ing Mayor George Christopher of San Fran-
cisco:

"Mayor Christopher agreed that a 'great
majority' of the student demonstrators were
'dupes of the Communists.' "

The San Francisco Examiner of May 18,
also referring to Mayor Christopher, re-
ported:

"The mayor said that In his opinion last
Friday's riot was Communist directed and
that for the most part 'unknowing and mis-
guided students' were Innocent pawns of
trained Communist agitators skilled in crowd
control tactics." ^

Thomas Cahlll, chief of police for the
county and city of San Francisco, testified
before the committee on May 14 that his
security unit nas advised him that "a num-
ber of those who seemed to whip those peo-
ple in the group (outside the hearing room)
into a mob frenzy, were individuals who had
been hostile and who had testified at the
hearing."

Michael J. Magulre, San Francisco police
Inspector who was In charge of a police unit
assigned to maintain order at the hearings,
testified before the committee the same day.
The following exchange took place while he
was on the witness stand:

"CoMMrrm Couwsxl. Did you • • • ob-
serve the activities among the young people
who had been assembled here in the hall,
by certain people who were known by you
from confidential sources to be members of
the Communist Party?

"Mr. MAGuniE. Yes, sir.

"CoMMrrmc Cottnskl. Did you see agita-
tional activities among the young people by
Merle Brodsky, who was ejected twice from
this conunlttee hearing?

"Mr. MAGuntx. Yes, sir.

"CoMMrrrxz Counsel. Did you see agita-
tional activities among the young people by
Archie Brown, who likewise has been Identi-
fied as a member of the Communist Party
and who likewise has been twice ejected from
this hearing room because of his disturbance
of the proceedings?

"Mr. Uaovju. Yes. sir."

FBI Director J. Edgar Hoover, who is cer-
tainly in a better position to know the truth
about the San Francisco riots than anyone
else In the coiuitry, prepared an official re-
port on the riots, "ConmiiinlBt Target —
Youth," which was published as a docimient
of this committee last summer. In explain-
ing why he had prepared this report, Mr.
Hoover wrote: "It Is vitally important to set
the record straight on the extent to which
Communists were responsible for the dis-
graceful and riotous conditions which pre-
vailed during the HCUA hearings. It is
vitally important that not only the students
involved in that incident, but also students
throughout the Nation whom Conununlsts
hope to exploit in similar situations, recog-
nize the Conununlst tactics which resulted
in what experienced weet coast observers
familiar with Communist strategy and tac-
tics have termed the most successful Com-
munist coup to occur in the San Francisco
area In 26 years."

In his report, Mr. Hoover devoted five
pctges to factual material on Just how the
Conununist Party went about planning the
demonstrations and then carrying them to
a successful conclusion. The evidence he

presented is too extensive and detailed for
me to quote or even simunarize here. Hie
following brief, generalized statements from
his report, however, flatly contradict the
"truth" advanced by the Washington Post
and completely support the committee film:
"An officer warned that fire hoses would
have to be used if the crowd did not disperse,
but the crowd, instigated by Communists
who had maneuvered themselves into stra-
tegic positions, became more unruly" (p. 8).
"Immediately after the affair ended, the
party's national leader, Gus Hall, congratu-
lated the west coast comrades for the initia-
tive and leadership they displayed at all
stages of the demonstrations" (p. 9).

"The Communists demonstrated in San
Francisco Just how powerful a weapon Com-
munist infiltration is. They revealed how
It is possible for only a few Communist agi-
tators, using mob psychology, to turn peace-
ful demonstrations into riots" (p. 10).

"Looking at the riots and chaos Commu-
nists have created In other countries, many
Amerlccms point to the strength of our Na-
tion and say 'It can't happen here.' The
Communist success in San Francisco in May
1960 proves that it can happen here" (pp.
10-11).

Mr. Hoover also mentioned the riots in
the course of a major address he delivered
on October 18, 1960. He said in this address:

"The dlatx)llcal Infiuence of communism
on youth was manifested in the anti-Amer-
ican student demonstrations In Tokyo. It
further was in evidence this year in Com-
munist-inspired riots in San Francisco,
where students were duped into disgraceful
demonstrations against a congressional com-
mittee.

"These students were stooges of a sinister
technique stimulated by clever Communist
propagandists who remained quietly con-
cealed in the background. These master
technicians of conspiracy bad planned for
some time to use California college students
as a front for their nefarious operations.
This outburst was typical of these cvmnlng
conspirators who constantly play active, be-
hind-the-scenes roles in fomenting civic un-
rest in every conceivable area of our society."

The second major charge the Washington
Post has made against the committee film is
that it distorts the facts by attempting to
represent the rioting as resulting from stu-
dent violence which "required the San Fran-
cisco police to turn fire hoses on them and
eject them by force from the city hall."

You claim that the truth Is that the San
Francisco police "reacted with altogether
needless ferocity" when some students "be-
gan to chant when they were denied admit-
tance to the hearing room."

That is your claim. But what were the
conclusions of every newspaper in San Fran-
cisco which had reporters on the scene dvir-
Ing the riots? Here are a few excerpts of the
truth as they found it:

San Francisco Examiner: "The riot ap-
parently was triggered shortly before 1:30
p.m. when the mob rushed the door of the
supervisors chambers.

"When all the seats In the chamber were
filled. Patrolman Ralph Schaumleffel, on
duty at the door, closed it, informing the
crowd there were no more seats.

"The mob then climbed over the barri-
cades and stormed the door, knocking
Schaumleffel down.

"Then, the officer said, while he was on
his back a student • • • grabbed the police-
man's nightstick and hit him over the head
with it.

"In^>ector Mike Magulre of the intelli-
gence detail then grabbed a fire hose and
ordered It turned on." Saturday. May 14.
1960.

San Francisco News-Call Bulletin: "The
hearing room was packed, and the mob in the
corridors and rotunda was becoming more
and more unruly.

"Judges in upstairs courtrooms were com-
plaining the racket was interfering with due
processes of law.

"Patrolman Ralph Schaumleffel, 33, stand-
ing guard, was trampled underfoot as a stam-
pede to the hearing room began.

"One of the mob • • • wrested the po-
liceman's billy club from his hand and wal-
loped him on the head.

"Another kicked him in the groin.

"The mob smelled blood, and the riot was
on." Satimiay, May 14, 1960.

San Francisco Chronicle: "Friday after-
noon's mob of 200 — mostly students, but not
all of them Innocents in the art of mass dem-
onstration— threatened to force its way Into
the Un-American Activities Committee
meeting room against the orders and warn-
ing of the police. What, we wonder, does the
concept of 'law and order* mean to these
students? What do the sight of a policeman's
uniform and the sound of his command
mean? Apparently, to this mob, not*ilng
but a challenge to get more stubborn and
defiant.

"The performance by college and univer-
sity students In so Ill-mannered, boorish,
and obviously dangerous a way gets no sym-
pathy from us as an exercise of youth groping
to understand and improve the democratic
process." Editorial. May 16. 1960.

Perhaps the most interesting of all the
news accounts of the riot is one by the stu-
dents themselves, describing events which
occurred during the first day of the hearings.
The official University of California student
newspaper, the Dally Callfornlan, stated on •
page 1, Friday, May 13:

"Fights and violence erupted at the House
Un-American Activities Committee hearings
yesterday in San Francisco * • • much of it
sparked by university students."

Attempting to support your claim that the
students were not guilty of violence, you
quoted the following statement from an arti-
cle by one Paul Jacobs, which was published
in the Reporter magaiEine of November 24,
1960:

"After the riots were over, the sheriff of
San Francisco County said: "There was no
act of physical aggression on the part of the
students.' "

On December 6, 1960. Sheriff Matthew C.
Carberry, sheriff of the county and city of
San Francisco, issued the following state-
ment concerning the above quote attributed
to him by Mr. Jacobs:

"I did not make that statement. I do not
know the author of the article, Paul Jacobs,
and have never spoken to him and have
never been interviewed by him.

"I was on the scene on Thursday and Fri-
day (May 12 and 13) up to luncheon time
when I went for a luncheon conference with
the chairman of the committee, Mr. Wn,Lis.
The disorders took place during luncheon
and I was in no position to know anything
about them.

"I did not make that statement."

In simimary, the findings which resulted
from the "diligent Inquiry" of the Washing-
ton Post are contradicted by FBI Director
J. Edgar Hoover, the mayor, sheriff, and a
police Inspector of San Francisco, the San
Francisco Chronicle, Examiner, News-Call
Bulletin, and the Dally Callfornlan, by Judge
Albert Axelrod, and also, of coxu^e, by the
moving picture record of exactly what hap-
pened in San Francisco, filmed not by the
Committee on Un-American Activities but
by TV stations KRON and KPIX of that city.
Sincerely yoius,

Fkancis B. Waltck.

Ck)NGBE88 or TBI TTlflTB) STATSB,

Hoxmz or Rkpkcsimtattvks,
Washington, D.C, December 20, 1960.
EorroK, Washtmoton Post,
Washington, D.C.

Deax Six: I have read your editorial oi
December 20, 1960, and your prior editorial

:i

438

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

of December 6, 1960. In which you deal with
the subject of the House Committee on Un-
American Activities and the film "Operation
Abolition." As a Congressman of the United
States, familiar with propaganda techniques,
including that of certain editors, I want to
tell you that I have been disturbed and
nauseated by your obviously ca'culated pro-
gram of falsehood and misrepresentation
employed In an effort to discredit the com-
mittee and the film. I am also shocked to
note your bold and shameless efforts to sup-
press free speech and education In the
schools of Arlington County and elsewhere
by your campaign of editorial distortions.

You gUbly assert that "Communists had
nothing whatever to do with the instigation,
organization or authorization of the student
demonstration" at the committee hearings
In San Francisco. ThU assertion you know
to be completely false and dishonest. At no
point In your editorial do you explain that,
as a rcaiilt of the Investigation of these riots
by the Federal Bureau of Investigation, the
report of J. Edgar Hoover declared that these
riots were, in fact, Communist instigated.
The film commentary, which you suggest
waa "slanted," actually follows the Hoover
report. Likewise, you do not point out that,
as reported by the San Francisco Chronicle
of May 18, 1960. Uayor Christopher of San
PrancLsco said:

"In his opinion, iswt Friday's rioting was
Communist directed and that for the most
part 'unknowing and misguided' students
were innocent pawns of Communist trained
agitators educated In crowd control tactics."

Your further assertion that there waa no
violence on the part of the students requir-
ing San Francisco police to turn fire hoses
on the demonstrators Is likewise utterly false.
Again, the Hoover report, the reports of the
San Francisco police, and the film contradict
you.

Of course, all i>eople will not agree at all
times on all matters. However, your edi-
torials indicate a deliberate effort to preju-
dice that area of the public which has not
bad the facts available to It or had seen the
film or read the Hoover report. You are
guilty of abusing the privileges of a free
jvew, by using the monopoly position of your
newspaper as an instrument for the perver-
sion of truth. Although it is generally rec-
ognized that a responsible and free press Is
basic to the democratic process, responsibil-
ity entails the presentation of facts, balanced
editorial ctHnments, and the defense of truth.
That responsibility you have evidently aban-
doned In your editorial policy.

Moreover, you are, I believe designedly,
giving aid and comfort to the Communist
program to abolish the House Committee on
Un-American Activities, a movement which
has been spearheaded by Frank Wilkinson,
an identified Communist, who together with
certain other identified Communists, fel-
low-travelers and their dupes, have been
recently on tour of college campuses and
Other places for the purpose of instigating
action against that committee. The forma-
tion of a group known as the National Com-
mittee To Abolish the House Committee on
Un-American Activities was announced In
the Communist press on August 15, 1960,
with a mailing addreaa given as 017 North
Xjarchmont Boulevard. Los Angeles, Calif.,
which is also the address of the Citizens
Committee To Preserve American Freedom,
•A organization previously cited as a Com-
munist front and also a major adjunct of
the Emergency Civil Liberties Committee,
likewise cited as a Communist front.

Your astounding effort to suppress the
right of free speech to which Congress and
Its committees are entitled, yovu- calculated
Interference with school administration by
attempting to forestall the presentation of
Xacts and current history to social science

classes, merits total condemnation and will
meet with the just resistance of an outraged
public.

The artifices you are emplojring to beguUe
the public from Information it should have
on the subject of Communist subversion
of youth will not succeed. It is clear that
you have knowingly joined in a propaganda
campaign to create, by slander, a climate of
hostility to a committee and to a newsreel
Plm that portrays facts from which the peo-
ple will draw reasonable conclusions if left
to themselves.

I have long been familiar with the opera-
tion of the Committee on Un-American
Activities, which fulfllla an Important law-
making function of Congress. I have always
been Impressed by its outstanding efforts and
achievements, under the fair and able lead-
ership of its brilliant and dedicated chair-
man, Congressman FRAifcia E. Waltek, of
Pennsylvania. But you have gone beyond
the botmds of propriety. After reading your
distorted editorials, I am now, more than
ever, determined to support this House com-
mittee.

Sincerely yoiirs,

Thomas M. Peilt,
Member of Congreat.

(Prom the Evening Star. Dec. 5, 1960]
Tits Commttnists' Rolx

It is hardly surprising that a hue and cry
has been raised against a movie film called
"Operation Abolition," prepared by the House
Committee on Un-American Activities to de-
pict the student demonstrations which
erupted at the committee's San Francisco
hearings last May.

The criticism centers on two complaints:
(1) That the committee distorted the true
facts to imply falsely that Communists In-
spired and led the riots, and (3) that a
motive In doing so was to promote and ag-
grandize its own actlvitlea through
propaganda.

We have seen the film. We also have read
the report of FBI Director Hoover on the San
Rtknclsco incident. The facts are that the
film closely follows both the substance and
the concliision of the FBI report, and the
burden of the report is to show unequivocally
how Communists did in fact not only inspire
but coolly manage each essential phase of
the demonstrations. Much of the film's nar-
ration and continuity came directly from the
report. If the result is a distortion, then the
oSlclal FBI account would have to be no less
so. and we do not think that this is true.
How emphatic was the FBI report? Here Is
a single excerpt:

"The Communists demonstrated in San
Francisco Just how powerful a weapwn Com-
munist Infiltration is. They revealed how it
is possible for only a few Communist agita-
tors, using mob psychology, to turn peaceful
demonstrations into riots. Their success
there must serve as a warning that their in-
filtration efforts aimed not only at the youth
and student groups but also at our labor
unions, churches, professional groups, artists,
newspapers, government, and the like, can
create havoc and shatter oxir Internal secu-
rlty.-

In producing the film, the House conunlt-
tee may have promoted its own role in at-
tacking subversion. But is this a surprise?
The right of Communists to engage in legal
propaganda is most vlgoroiisly defended by
those who are dedicated to discrediting the
committee. Why should not the committee
equally promote its own viewpoint, as long
as It does not, in the process, distort the basic
facts of its subject? In the early days of
the New Deal, there were those who bitterly
attacked the FBI as a dangerous, totalitarian
force which should be ciirtailed. And that
agency surrived largely because of the ef-

fectlTeness with which J. Bdgar Hoover was
able to publicly dramatize and promote tte
value.

The Committee on Uta-Amerlcan Actlvltlae
has been guilty of excesses. But the time to
criticize Is when excesses occur. In our
Judgment, this is not one of those time*. If
the film Is as accurate a warning of the dan-
gers of Communist Infiltration as the Hoover
report Indicates, it serves a useful purpose,
and it should be exhibited.

439

BaOADCAST ZT RAT BBVLB F0« "TBBBZ-aTAZ

EXTKA," NovxMzxa 29, 1960
A little over 2 months ago an organization
in the San Francisco area began a protest
against a film produced and circulated by
the Un-American Activities Committee of
the U.S. House of Representatives. This
film was a documented and narrated ae-
coimt of the student riots against the
House Un-American AcUvltles Committee
hearings in San Francisco lest May. It un-
dertook to show the Cooununlst Instigation
and organliiatlon of the riots. It named
■ome of the Communist ringleaders, and It
showed them in the midst of the riots tn
film clips which had been subpenaed from a
number of west coast television stations
which had sent photographers to cover the
demonstrations. In short. It attempted to
give a picture story of the first serious Oom-
munlst-inepired student riots on American
SOU.

The film was put together by a eoaaommtmX
producer In Washington, and sold, wttik the
committee's approval, to anyone who de«
sired it at •100 a copy. It has enjoyed ooa^
siderable popularity, and, as of this date,
more than 600 copies have been sold, and
orders are stUl coming m.

Most of the films have been piirdutsed
by church and dvlo organizations, indus-
trial conoems. and even by individuals.
They have been shown in churches, sctaoola
and oonununity meetings in a great many
areas, and have been well received.

The organization which started the pro-
test against the film is known as the Bay
Area Student Committee To AboUsh the
House Committee on Un-American Activi-
ties. On September 11. It Issued a nine-
page press release In which it attacked the
filmed story of the riots.

Last week the left -of -center magazine, the
Reporter, carried a story attacking the con-
gressional committee film and branding it as
a distortion of the truth. Since then some
newspapers have picked up the attack and
denounced the committee for circulation of
the film.

Yesterday the Harvard Crimson, the stu-
dent newspaper of Harvard University, pub-
lished an editorial denouncing the univer-
sity's department of naval sclenoe for
scheduling a showing of the film to men
enrolled in ttie naval science eovcnt. It
quoted the Repmter magazine as charging
distortion tn the film, and then proceeded
to condemn the university's naval science
deiMutment for dlsaemlnatlng "dangerous
and irrelevant Government propaganda In
the guise of education." Pcrhape. partly
as a result of the editorial which was writ-
ten in advance of the showing, there was a
demonstration against the film by some of
the university's students when It was pat
on the screen that day.

Actually, the film and the narration paral-
lel very closely all of the disclosures on the
student riots In San Francisco as contained
in a report by J. Bdgar Hoover, Director of
the Federal Bureau of Inveetlgatloa. Mr.
Hoover not only charges that the Baa Ran-
cisco riots were inspired and organised by
Communist leaders, but supplies the names
and the details. He tells how the Commu-
nist agitators planned to bs thrown out of
the Un-American Activities Committee hear-

ings in order to win the support of students
whom they were using as their dupes. He
teiU in detail how the riots were arranged in
advance by Communist organizers and with
Communist funds, and how the country's
top Red. Gus Hall, congratulated the west
coast leaders afterward on a job well done.
Such is the story told by Director Hoover, and
it substantiates the story told by the Un-
American Activities Committee film.

We were able to contact by telephone today
the newly elected editor of the Harvard
Crimson, Mr. Mike Lottman. Mr. Lottman
said that he did not write the editorial; it
was written by one of the other editors, but
he said It represented the views of the Crim-
son staff. Mr. Lottman said he was not
familiar with the FBI report on the San Fran-
cisco student riots, and that he had not seen
the film. He said he did not know if the
writer of the editorial knew of the FBI re-
port, but he presumed he probably drew most
of his infcwmation from the critical story in
the Reporter magazine.

We asked Mr. Lottman if he now Intends
to go further into the information on the
San Francisco rlotft, including that contained
In the Hoover report, and give a more com-
plete and accurate picture to the student
readers of the Harvard Crimson. He said
he considered the matter a dead Issue now,
but that if it is revived, that may be done.

I From the Evening Star, Nov. 30. 1960]

Rzo IwriLTXA-noN Comtintjzs nt Unttid
Statss — BaiNGiNc Acrrvmrs Oxrr Iitro
Opkn Cu^lmd Omlt Wat To Fiokt MnrACz

(By David Lawrence)

When are the American people going to
be given the full story of Communist infil-
tration Inside the United States?

Just because the late Senator McCarthy
went to extremes— due to his excess of aeal
and his passionate devotion to the antl-
Communlst cause — the tendency now is to
belittle the Communist meruu;e altogether
Oft to bruah off references to it as just a
hysterical manifestation of McCarthyism in
a misguided era. This some trend has been
noticeable in Britain and France, where many
writers contlnuoueiy refer to McCarthyism as
a means of pooh-poohing Communist infil-
tration today.

The Communists, on the other hand, bene-
fiting by indifference and complacency in
Western countries, have been making hay,
particularly in the United States. The news-
papers generally, for instance, printed brief
stories of the student demonstrations at San
Francisco when the House Conunittee on Un-
American Actlvitlea was meeting there a few
months ago. but this correspondent recently
saw a half-hour movie, compiled from the
reels of news photo staff men covering the
tragic event, which reveals that it was far
more sensational than the news dispatches
indicated. It shows the brazen behavior of
persons, known to have been active in Com-
munist Party affairs, who boldly sought by
mob action to interfere with the committee's
public sessions. The movie contains com-
ments by Democrats and Republicans in the
U.S. House of Representatives.

The reels have become available for show-
ing to public and private groups, and infor-
mation concerning them is obtainable at the
offices of the House Committee on Un-Amer-
ican Activities. This is the movie which a
so-called liberal group of Harvard students
booed when It was shown to other students a
few days ago.

It seems incredible that such a demon-
stration as occiured in San Francisco could
be organized inside the United States, but
it U not surprising to those who have been
pointing out that the Cooimunlsts have not
for a moment relaxed their cold war efforts.

The only way to fight this kind of insidi-
ous warfare is to bring it out in the open.

In such a movement, the people natiually
must depend on the committees of Congress.
Here, for Instance, are some of the conclu-
sions recently presented by the staff of the
Senate Subcommittee on Internal Security in
an exhaustive study entitled "Mob Violence
as an Instrument of Red Diplomacy";

"In some Latin American countries, and
in Japan, Commtinlst parties controlling an
Insignificant minority of the total votes cast
have resorted to the policy of manipulating
and inciting mobs to accomplish political
and diplomatic objectives in the Interest of
Soviet foreign policy.

"These operations are directed primarily
against the American Government, to de-
feat lu objectives and humiliate its spokes-
men and representatives.

"Latin American Communists succeeded
in seriously Interfering with the 1948 Bogota
inter-American conference. In 1958, they
subjected Vice President Richaxo M. NnoK
and his wife to a most humiliating experi-
ence.

"Attacks are concentrated upon American
property and personnel.

"The (United States) resort to interna-
tional financial aid, no matter how gener-
ous, has not of Itself furnished an adeqviate
preventive against anti-American, Conunu-
nlEt-lnspired mob violence.

"Despite the numerous examples of world-
wide Communist imperialism and brutality,
there have been few cases of mob violence
against Communist embassies or agencies.
"For the most part the Communists op-
erate behind the scenes, making use of vin-
Informed and excitable teenagers, students,
and illiterates.

"As a rule, the Communists wait tar a suit-
able issue to arise on the basis of which they
can successfully provoke mob excitement and
violence. If the Issue does not exist, they
create one.

"In large measure, the Communists ex-
ploit economic difficulties and nationalist
emotions.

"The Communists' standard practice is to
employ nonmilitary weapons, easily acces-
sible to the mob, such as stones, poster sticks,
clubs, gasoline, kerosene, homemade bombs,
etc. These have been supplemented by the
looting of guns and ammunition from hard-
ware stores.

"The techniques followed by the Commu-
nists parallel those tatight in special schools
for international Communist agents in the
Soviet Union.

"Communists make adequate preparations
far in advance for their inspired riots,
through provocative mass meetings, leaflets,
broadcasts, cartoons, newspaper articles, and
even assassinations.

"The Communists have utilized their con-
trol of labor unions, to augment the mobs
operating under their direction.

"Leaders of the Communist Parties of Co-
lombia. Venezuela, Bolivia, and Japan have
been in Moscow where they have received in-
struction and directives, including training
in handling mobs and military techniques.
"The Communist Party of China has ren-
dered valuable assistance to Communist Par-
ties in Latin America and in Japan which
have organized ntob violence. This assist-
ance has taken the form of training of lead-
ers, financial aid, broadcasts and propa-
ganda. This is, no doubt, the result of an
agreed-upon division of labor with the
UJ5.8JI."

(From the Arizona Republic, Oct. 30, 1960]
Samz Old Attack
The perennial attack on the House Un-
American Activities Conunittee is once again
in full swing, this time headed by a group
Which calls Itself the National Committee

to Abolish the House Un-American Activi-
ties Committee.

It's not difficult to figure out why that
group is opposed to the Hotise conunittee.
Of 34 delegates who attended its first na-
tional session In New York recently, 6
have been accused by the House committee
of having been members of the Communist
Party. They are Harvey O'Connor, Florence
Luscomb, the Reverend William Howard
Mellsh. Rviss Nixon, Frank Wilkinson, and
Richard Crlley. Many of the other mem-
bers— including Prof. Corliss Lamont, folk
singer Pete Seeger, economist Otto Nathan-
suffer the same chronic case of pinkeye
which has infected many opponents of the
House conmilttee.

Not all the opponents of congressional
committees Investigating communism are
themselves Ccunmunists, of course. But
many of the sincere opponents, particularly
those who base their opposition to ths com-
mittees on the grounds they are unconsti-
tutional, are uninformed about the history
of the investigatory power. That mention
of that power was omitted from the Con-
stitution was doubtless not an oversight, but
rather because the Pounding Fathers took
It for granted as impUcit in the l^iislative
function.

Indeed, the colonial assemblies In Amer-
ica instituted investigatory poww as a nor-
mal part of their business (and were upheld
by the co\u^) , and undo- the Federal Con-
stitution, the first formal congressional in-
vestigation was undertaken by a select com-
mittee of the Hoxise in 1792. Even as far
back as the 16th century, formal parlia-
mentary investigations in England were
being conducted as the normal course of
events.

Opponents of the investigating bodies
claim that investigations often violate civil
rights and are \ised primarily as propaganda
fonmis. Unfortunately, this is sometimes
true, as was seen in Senator Estbs KzrAxrvn's
recent drugs inquiry. (Strangely enough,
opponents d investigating oommittees
usually object only when the inquiry con-
cerns suspected subversives; when a Ke-
fauver conducts a kangaroo co\irt investiga-
tion into drug profits, they are strangely
silent.) The remedy for these violations,
however, is to correct and redress inequities
which do exist In congressional investigating
procedures, not to abolish the Investigatory
power.

The current popularity of a film depicting
the Communist-inspired San Francisco stu-
dent riots proves that opposition to the
House group is not nearly so widespread as
the title of the antl-HUAC committee indi-
cates. Prepared by the House committee,
the film provides an exceptional insight into
Communist mob psychology in action, and
it has astonished audiences wherever it has
been shown. A few citizens in the Phoenix
area recently bought the film and are ctir-
rently showing it to schools, churches, and
civic and professional organizations. As a
valuable public service. KPHO-TV has twice
presented the film, and plans to run it again
In the future.

Arizonians are involved in the controversy
over the Hotise Un-American Activities
Conunittee In one other way, this time In
an election campaign. In the First Congres-
sional District race (Marloopa County), vot-
ers will be asked to choose between Re|«e-
sentative John Rhodes, who has been a
stanch supporter of the HUAC during his
tenure in Washington, and challenger Dick
Harless, who. when he was in Congress, voted
against appropriations for that watchdog
group on two separate occasions.

There are other differences, of course, be-
tween the conservative John Rrodkb and
the liberal Dick Harless, but this is clearly
one of the most Important. At this crucial

■1^

440

CONGRESSIONAL RECORD — HOUSE

Jammry 9

m

^ I in hlatory. when th* Ootnmuntotoand

tlielr helpers are doing all In thalr power to
flrtppto the effaettv«n«M of th* HUAC, It'a
«Ktr«BMly Important that prorwl aupportan
Qtf tb»t InvwtlgAtory bodj b« tfaetad repni-
leaa of irtilcb poUtleal party tbay rcprvMmt.

rPktun the Cincinnati Snqulrw.
Nov. 6.1000)

KlLUIfV or COMMTTT*! AllC TM OoMMT

DsiTB AoADiaT Rox78> Boot BTOBmra
Aim-AmucAMsnc

(By Jack Lotto)

An tdentl&ed Ccanmunist. who helped or-
ganlae the student demonstrations in San
Franclaco last May, Is maatermindlng the
eunent campaign to destroy the House Un-
American AfctlTltles Committee.

The manipulator in the abolition drive Is
Prank WUkinaon. at Los Angeles. He was
oonvlcted last year ot contempt of Congress
and faces a 1-year jail term. Wilkinson was
fired from his post as information director
ot the Los Angeles Housing Authority in 1953
when he refused to answer court questions
oonoemlng Communist Party membership.

His chief "km the committee" aid is Har-
ney O'Connor, of Little Compton. BX. anoth-
er identified Red who is waiting trial on
congressional contempt charges.

To create the illusion of widespread dis-
taste for the House group. Wilkinson and
O'Connor have been busily establishing one
abolition committee after another.

Investigation, however, shows that an the
groups opposing the House Un-American
AetlTltlea Committee are Interchangeably
oOeered by the same known Communists
and pro-Red apologists.

The latest Wilkinson-O'Connor offshoot Is
called the National Committee to Abolish the
Un-AmMican Activities Committee. Wilkin-
son Is Its field repreeentatlve. Beven of the
11 officers have been named. In sworn testi-
mony, as party members.

Six of them are also on the national coun-
cil of the big Oommunlst front, the Kmer-
gency Civil Liberties Committee, organized
by Wilkinson and O'Coimor.

The national headquarters for this new
outfit Is the same Los Angeles address as an-
other pro-Communist abolition group with
the high-sounding name of Cltlsens Commit-
tee To Preserve American Freedoms. Ksee-
utlve secretary and coordinators: the same
Frank Wilkinson.

Director J. Kdgar Hoover, ot the Federal
Bureau of Investigation. In a recent report
to Congress, described the Cltlsens Commit-
tee as under control of the Conmunlst Party
and Wilkinson as Its brains and the energy.

Another new organization agitating against
the House investigating unit Is called the
Committee of First Amendment Defendants.

One guess as to the names of the directors.
TouYe rtght. Two of the four-man steering
committee: Wilkinson and O'Connor.

Wilkinson as the so-called coordinator of
all the abolition organizations, has been con-
centrating lately on enlisting students in the
antlcommlttee work.

At a closed meeting in New York, he told
of his 16-State tour to drum up opposition,
and boasted of success In college campus
activities In Boston, New York, Chicago. San
Francisco, IClwaukee, and Los Angeles.

The key to their activity is winning con-
gressional and grassroots support for a reso-
Ixitlon to be Introduced by Representative
Jams Roosxvn.T, Democrat, of cifdif omla, to
wipe out the Hotise committee.

As an alternative the abolition boys. In
personal visits to Congressmen, are urging
severe budget cuts. Success here would also
affectively stifle the oomnxittee's investiga-
tive ability.

A drive Is now underway to coUect klll-
the-oommlttee slgsAtures, to be turned over

to friendly Congressmen at a demonstration
In Wasbii^toa whan Oongresa reeonvanes
January 4.

FOLioif Lawn. Ja., Baoancaar, Tubout. !»-
camBa 6. 1060. UuTOAt. Baosar* snwa
STsmc

•^Operation AboinJon": Borne weeks ago I
called your attention to a one-half -hour film
that bad been compiled by the Bouse Un-
American Activities Committee, entitled
••Operation Abolition," documenting the
student riots In Ban Francisco last May, when
the House Un-American Activities Commit-
tee attempted to hold hearings there on
Communist infiltration Into the schools and
colleges of that area and subsequently re-
ported to you on the tremendous demand
the committee had had for those films, and
ttie extensive showing of them that was tak-
ing place over the United States.

Since that time more than 500 of these
Individual films have gone into circulation
and new demands are pouring in for prints
faster than the prints can be made. It is
an Impressive and very frightening film,
made up from TV and Movietone newsreel
clips of the actual rioting, made at the time
and as I have said before. If you think it
can't happen here, you should make It your
business to see a showing of it. It is a docu-
mentation of the extent to which the Amer-
ican Conimunlsts can and will go to incite
students to rioting for their own ends, and
the film shows the actions of Identified Com-
munist leaders in the crowd, outside the San
Francisco City Hall, Inside city haU and in-
side the committee room, agitating the stu-
dents and leading the disorders.

In case you have any doubts that this U a
calculated ingredient in the Oooununlst plan
of revolution. I might begin by reading a
section of the ofllclal organ of the Central
Committee of the Communist Party UJS.A.,
currently In clrcxilation among party mem-
bers and operatives, which reads as follows:
"The rebelliousness of school children, di-
rected against a part of the State machinery
Itself, is something that Communists cannot
afford to Ignore. This, together with their
desire for knowledge and social life must
form the starting point for o\xr work among
students In the schools."

So the objective is quite clear and direct,
and this House Un-American Activities Com-
mittee film brings the San Francisco riots
Into clear focus as an effective effort to carry
out these objectives. An ofllclal FBI report,
signed by J. Edgar Hoover, concerning these
Incidents, says:

"Immediately after the affair ended, the
party's national leader Ous Hall, congratu-
lated the west coast Communists for the
initiative and leadership they displayed at
all stages of the demonstrations.

"Particularly pleasing to party ofllclals was
the nvunber of students involved in the dem-
onstrations. They commented that there
had not been so much 'political activity'
among student groups for years. Archie
Brown, especially, was commended for the
tremendous job he had done among the stu-
dents, working with them In the oorrldars
of city hall and winning their sympathy."

The report then continues with some spe-
cifics about how the party leaders were jubi-
lant over the effects of the riots and that it
had been a big "shot in the arm" for the
party, by bringing out much better attend-
ance at meetings and that the party's west
coast publication, the People's World, was
very happy because it had helped in a fund-
raising drive It was putting on, to finance
Its own continued publication. The FBI re-
port then says:

"In short, the consensus in the Commu-
nist Party was that the rk>t waa the best
thing for the iwrty thai bad ooourred In

ysara. Party laadara aqtressed the opinion
that it was e^ieclally significant that the
party had be«i able to anllat the support of
ao many people in all walka of life, whan the
party, itself, was publicly under attack by
the House Committee on Un-American Ac-
tlvitlea. The feeling waa that not only had
the perty takoi a major step toward its goal
of abolishing the House Committee on Un-
American AcUvitles. but also it had taken a
major step toward playing a greater role on
the American scene."

Now that, you understand. Is not my state>
ment. nor the statement of the House Dn-
American Activities Committee whi^ is on
the defensive, but the official sUtement In
an official report by the Federal Bureau o<
Investigation.

And this same report goes on to say that
at a party meeting on the night of May 30.
1960. this same Archie Brown told the group
how he plaimed to follow up the victory by
further using college students as a target
and that the campaign would emphasise po-
lice brutality, so-called in the San Franclso
riots, as grotinds for further student activi-
ties and incltatlon.

■xamination: The reason that I am iwvIt-
Ing this question at this Ume U that this
committee film has thrown a panic into
Oommunlst ranks because of its effectlveneaa
and a nationwide organized campaign to dla-
credlt the film has been undertaken, using
fellow travelers and dupes In the liberal
world to help in the movement because this
film has been hurting the Communist cause
very very badly Indeed. The very extent of
the efforts to which the Conununist propa-
gandists have gone, a.id places In which they
have managed to place their propaganda that
the film Is a misrepreeentatlon and a distor-
tion of the facts is the beet evidence ot bow
bad they are hinging.

The Washington Post has tised two edito-
rials and a cartoon by Herblock and tlM
Harvard Crimson has used an editorial, ob-
jecting to the showing of the film to men
enrolled in a naval science course.

My distinguished colleague Ray Henle. a
week ago tonight, took notice of this edito-
rial, and reported that after the editorial,
there was a campus demonstration by stu-
dents against the showing of the film.

What was most Interesting was that Mr.
Henle contacted the editor of the Harvard
Crimson by te!ephone, a young man named
Mike Lottman, and reported that he said he
did not write the editorial; that it was writ-
ten by other members of the editorial staff
but he said it did represent the views of the
whole editorial staff.

Mr. Henle quotes Mr. Lottman as saying
he was not aware of and had not read the
official FBI report on the student riots,
which back up the film in detail and that
he had not even seen the committee film.
He said he presumed that the writer drew
most of his material for the editorial from
a critical story about the film, published in
the Reporter magazine, which Is a leftwing
periodical.

In the next few nights. I want to go fur-
ther into this story with you to demonstrate
the implications of this whole thing. • • •
Harvard, after all. is an lmp>ortant college
campus and there is evidence that other
publications in leftwing ranks have used the
Reixirter magaalne story as the foundation
for their attacks on the film. The story, by
the way, was written by a man named Paul
Jacobs of whom I never heard before and
well take this story apart to show Its own
misrepresentations and falsifications In the
future.

Sources: Sufllce It to say for tonli^t that

one of the key lines in the article quotes the

sheriff of San Francisco County as saying:

"There was no act of physical aggression

oa the part of the students."

1961

CONGRESSIONAL RECORD — HOUSE

441

That, of course. Is playing the line of
police brutality which Archie Brown said on
May ao would be his theme in the follow-
up activity. If there was no act of physical
aggrestion on the part of the students. It
certainly is implied that there was police
brutality in turning the hoses on the stu-
dents.

I undertook to call the sheriff of San
n^tnclsco County by long distance telephone
today. Sheriff Matthew C. Carberry. to ask
him about that quotation and do you know
what he said?

"I did not make that statement. I do not
know the author of the article, Paul Jacobs,
and have never spoken to him and have
never been interviewed by him.

"I was on the scene on Thursday and Fri-
day up to luncheon time when I went for a
luncheon conference with the chairman of
the committee, Mr. Wnxis. The disorders
took i^ace during luncheon and I was in no
position to know anything about them.

"I did not make that statement."

It seems to me that's interesting because
it serves as a commentary on the reporting
of Reporter magazine and Reporter maga-
Bine's reporter, Paul Jacobs. And remember,
the Harvard Crimson editorial, written by
some schoolboys for campus consumption,
was based largely on the Reporter magazine
story, according to Its editor.

This one line, however, is only a sample
and well go deeper Into the Paul Jacobs
article In subsequent broadcasts. It is par-
ticularly ironic that the Paul Jacobs article
ends with this quotation:

"Although 'OpHsratlon Abolition' seems to
be doing well at the box ofBce, this unusual
venture of the House Conunittee on Un-
American Activities is not apt to win any
prize for accuracy."

The Saturday Evening Post, the editors of
which have seen the film, reconunends the
film and says :

"For once, the facts arc pictorially recorded
for all to see."

Fm.TOM Lewis, Jk., BaoAoCAsr, Wzdnksdat,

DicEiiBSB 7. 1000. MoTVAi. BaoAOCAsnita

Ststxm

"Operation AboUtton": Last night, ladies
and gentleman, I presented to you some dis-
clorures about the efforts of the Communist
Party, U.S.A., to discredit the documentary
film which has been put together by the
Hoiise Un-American Activities Committee,
showing the Communist-inspired student
riots In San Francisco last May and how
various leftwing and fellow traveler publi-
cations are spearheading the attache on the
film.

The keystone of this attack, as I told you,
seems to be an article which appeared In the
November issue of the Reporter magazine, an
extreme leftwing publication, the author of
the article being one Paul Jacobs, who
charges that the film is a distortion and
misrepresentation. This article seems to
have been the basis for a critical editorial
In the Harvard Daily Crimson and the Wash-
ington Post and other publications of antl-
anti-Communist leanings.

The editor In chief of ttfe Harvard Crimson
told my colleague, Ray Henle. that he had
never seen the film but that the information
was drawn from the article by Paul Jacobs.
The Washington Post editorial specifically
refers to the Paul Jacobs article and uses the
Information In it as the basis for its charge
that the committee is guilty of "forgery by
film." It quotes the article as saying that
"both the narration and the way the film
clips were edited deliberately distort a mun-
ber of facts."

The editorial then goes on to quote from
a paragri^sh In the article which reada. In
full, as follows:

"For example, separate sequences have been
nm together In 'Operation Abolition' to give

the impression of mob action and the film
shows students displaying defiance after
police warnings, although actually the dem-
onstrations occurred at a completely different
time and the police use of fire hoees on the
students is justified on the basis of the claim
that the students attempted to rush police
barricades inside the city hall, where the
committee was holding Its hearings. But no
film accompanies the commentary about this
alleged attempt; In fact, photographs taken
at the time chow the Etudente seated on the
floor and In the corridors when the hoees were
turned on them. After the riots were over,
the sheriff of San Francisco County eald:
'There was no act of physical aggression on
the part of the students'."

I reported to you last night that the sheriff
of San Francisco County Informed me by
telephone that he did not make any such
statement, did not know Paul Jacobs who
quoted him. and had never spoken to or
been Interviewed by Paul Jacobs. So much
for the last sentence.

Now let's take a look, at the statement
about distortion In regard to the students
attempting to rush police barricades inside
the city hall. The avowed pattern of the
Communist Party leaders and agitators — the
very ones who led these student riots last
May — at a party meeting in San Francisco
on May 20 after the riots were over, was to
use the charge of police brutality against
Innocent students to capitalize on the riots
and consolidate any gains they might have
made among student ranks. This was a per-
fectly open and frank declaration with no
strings tied to It, made by Communist Leader
Archie Brown, who was commended for his
part in leading the riots by none less than
Ous Hall, national head of the Communist
Party.

By way of serving this line, consciously or
unconsciotisly, the Washington Post editorial
says:

"Washington Post: 'In point <a fact, the
San Francisco police acted with altogether
needless brutality, turning fire hoses on stu-
dents whose protests were not flagrantly un-
nily.' "

Now, would you like to hear what an offi-
cial report by the FBI. signed personally by
J. Edgar Hoover, has to say about the con-
tinuity of events In question? This is his
verbatim report on the events of Friday, the
second day of the demonstrations and the
occasion on which the fire hoees were used,
which is the basis for the police brutality
charge and the charges of misrepresentation
by the film. I now quote directly from the
J. Edgar Hoover-FBI report:

"Archie Brown quickly restmied his tactics
of the day before, once the session started.
The crowd outside the hearing room chanted
and sang songs. The songs and chants were
obviously part of a well-organized plan as
Illustrated by the song sheets being used.
Pleas for order and quiet brought only jeers.

"With the tension growing, the inevitable
happened. Violence flared that afternoon.
One of the judges In a municipal courtroom
in city hall ordered the mob dispersed be-
cause the noise nuule it Impossible for him
to hold court. When an attempt was made
to carry out the order, the crowd responded
by throwing shoes and jostling the officers.
An officer warned that fire hoses would have
to be used if the crowd did not disperse,
but the crowd, instigated by CommunlEts,
who had maneuvered themselves Into
strategic positions, became more unruly.

"One of the demonstrators provided the
sp«u-k that touched off the fiame of violence.
Leaping a barricade that had been erected,
he grabbed an officer's night stick and began
beating the officer over the head. The mob
surged forward as if to storm the doors and
the police Inspector (»'dered the fire hose
turned on. The water forced the crowd to
the haad ot the ballustrade and the cold

water had a sobering effect on the emotions
of the demonstrators.

"For a few minutes, relative quiet ensued.
Taking advantage of the lAill. police officers
began to lead some of the demonstrators
away, advising them that they must obey the
order to disperse. Suddenly, realizing what
was happening, miliUnt individuals in the
group set the pattern for renewed violence,
by kicking and striking the oSlcers. In all.
68 individuals, most of whom were students,
were arrested for melting a riot and
resisting arrest.

"Order had been restored when Harry
Bridges, president of the International Long-
shoremen's and Warehousemen's Union sud-
denly appeared on the scene, demanding to
know what part firemen had played in the
use of the fire hoses. Bridges commented
that he would see if the firemen's pay could
be cut. The day's activities closed with
Archie Brown joining Bridges and shouting.
Tou tell them, Harry; they'll listen to you.' ''

Now that Is the ofllclal report of the FBL
signed by J. Edgar Hoover, and you can take
your choice as to whether you want to believe
that or whether you prefer the innuendoes
of the Paul Jacobs article and the statement
by the Washington Post editorial that "the
San Francisco police acted with needless
brutality, turning fire hoses on students
whose protests were not flagrantly unruly."

And I think it's a fair question to ask
whether that is responsible Journalism on the
part of the Reporter magazine, the Wash-
ington Post, the Harvard Crimson, or any
of the other newspapers which have accepted
the Reporter magazine article as factual
presentation. After all, the editor of the
Harvard Crimson admitted that he had never
seen the film and had never read the FBI
report on the riots. The Washington Post
actually attributes its Information to the
Paul Jacobs article in the Reporter magazine.

Who \B Jacobs: And would you like to have
a little background on this Paul Jacobs,
whom they all quote and who is so con-
veniently serving the Communist cause
which west coast leader Archie Brown pub-
licly vowed to pursue?

Well, he was identified under oath before
a congressional investigating committee as
one of the people who worked on the notori-
ous blacklisting report by the Fund for the
Republic several years back, which was known
as the Cogley report and was so questionable
that a special investigation of it was con-
ducted by the Hotise Un-Am«1can Activities
Committee.

Do you see how the ball bounces? And
the twists and turns it makes in doing so?

The good old Fimd for the Republic, back
in ova midst again.

THXnUOMT, DECXMBSa S. 1»S0, WASRIHGTON, B£.

"Operation Abolition": For the last 2
nights, ladies and gentlemen, Fve been re-
p<H-tlng to you on the obvious campaign of
certain leftwing, anti-anti-Communlst pub-
lications over the Nation to discredit the
half -hour film that has been put together by
the House Un-American Activities Commit-
tee, giving the docxmiented story of the stu-
dent riots in San Francisco last May when
the House Committee on Un-American Ac-
tivities attempted to hold hearings on
Conununist activities in the northern San
Francisco Bay area.

In the forefront of this emear effort has
been the leftwing Reporter magazine which
published an article by one Paul Jacobs,
formerly ^ith the F*und for the Republic,
which article was snatched up by the Wash-
ington Post and the Harvard campus news-
paper, the Crimson, as a basis of attacks of
their own, apparently without. either seeing
the film or reading a report by the FBI,
signed by J. Edgar Hoover himself, which
corroborates the pictorial story told by the
film In the most minute detail.

442

CONGRESSIONAL RECORD — HOUSE

January 9

III

IB

To give you a bit of perspective on why
thu u a matter of major Importance, there
are several considerations behind thU at-
tack, not the least of them being that this
film is doing mortal damage to the Inten-
tions of the Communists in Infiltrating col-
lege campuses of the country by the sheer
stark, horrifying scenes that It presents. You
think that It cant happen here; this film
shows that It can and does happen here, and
has. • • • and It Is Just as annrchlstlc as
the youth demonstrations In Tokyo, or In
Caracas against Vice President Nixon, or In
Uruguay against President Elsenhower. This
Is all part of a planned Communist pattern,
to use Impressionable and emotionable col-
lege students for m\ss violence to accom-
plish their own purposes of violence and dis-
order, but In this particular case to help
in their avowed goal of destroying a commit-
tee of the Congress of the United States,
which la a thorn In their side and which
poses a threat to their continued operation
in the futiire.

It Is particularly Important to them, at
this time, because they have hope that when
the new Congress convenes in January, and
the House of Representatives Is organized
for the coming session, there may be a
chance of abolishing that House Committee
on Un-American Activities, thus leaving
themselves freer to conduct their subversive
activities along a score of nefarious fronts.

I make no accusation that the Reporter
magazine, the Washlng^n Post and the
Harvard Crimson — and the other newspapers
who have given aid and comfort to the cause
of this picture — are consciously In league
with the Communist conspiracy In what they
have written and are writing. It is enough
to let the facts stand for thenuelves and the
facts are that this special report by the FBI
and Mr. J. Edgar Hoover, confirm in detail
the story as told by the film.

But there are certain things in the FBI
report that are not told in the film, and they
give the He to certain claims and pretenses
in these articles and editorials of attack In
the newspapers and magazines which Is a
very pointed lie.

Attacks: The articles and editorials at-
tempt to present these riots as legitimate,
spontaneous demonstrations by northern
California students, outraged over the mere
existence of the House Un-American Activi-
ties Committee as a matter of Inherent love
of freedom and American tradition and that
the demohiitrators were In no sense inspired
by Communist agitators.

For example, the article in Reporter maga-
zine says the following:

"Congressman Walter launches Immedi-
ately Into the main theme of the picture,
which Is to suggest that the demonstrations
were Communist inspired and CommTmlst
led. In the attempt to prove this assertion
both the narration and the way film clips
were edited deliberately distort a number of
facts.

"For example — " and then goes on to list
the charges which I have given to you, and
thoroughly exploded over the last two broad-
casts. The Washington Post, In Its editorial
entitled "Forgery by Film," is much more
direct and positive In its charge. This Is
what It says:

"This is a flagrant case of forgery by film.
The film warps the truth In two Important
respects. First it suggests as Its main thesis
that the demonstrations were Communist
inspired and Communist led. Diligent In-
quiry has led us to a conviction that this
charge Is wholly unjustified. It cannot be
asserted, of course, that no Communist took
part in the demonstration. But the main
body of students who picketed the commit-
tee hearings in protest, were inspired only by
their own valid and thoroughly creditable in-
dignation at the committee's conduct; and
they were led by fellow students, loyal to
American Ideals and acting in accordance
with that loyalty."

I emphasized the words "diligent Inquiry"
because they are Important. I don't know
what the Washington Post considers to be
diligent inquiry, but I do know two things:
that Allan Barth, the editorial writer for the
Washington Post, only today, called fur a
copy of the film to view It, clearly Indicating
that he had never seen the film when he
wrote the editorial but Instead, as he in-
dicated In his editorial, was taking the word
of Reporter magazine for what it contained.
And I know also that the FBI report on
the student riots, which corroborates the
film story In detail, was available to Editor
B.arth when he wrote his editorial but he
Ignored completely the report of the FBI, if
he ever saw it.

So the theme of these artl<!les and edi-
torials Is that the film distorts the facts, by
presenting the picture that these were Com-
munist-inspired riots, when in fact, accord-
ing to the writers. It was Just a sincere, legiti-
mate emotional demonstration by legitimate
students In protest against the wicked,
wicked House Un-American Activities Com-
mittee.

FBI report : Now let's see what the official
FBI report — which has been available to
these writers all along and was available to
them when they wrote their editorials — has
to say about the inception of these demon-
strations and the events within the Com-
munist Party that led up to the riots. And
remember, this Is the FBI. entirely on Its
own, entirely lndei>endently, reporting under
the signature of J. Edgar Hoover.

The report explains, first of all. that a year
prior to these hearings, the Un-American
Activities Committee scheduled hearings in
San Francisco to investigate Communist in-
filtration among teachers and educators, at
which time a number of protest groups were
organized and the committee decided to call
off the hearings. Now from here on I am
quoting from the FBI report :

"The cancellation of the proposed 1969
hearings left many of these groups and or-
ganizations Inactive, but Intact. As a result
when the May 1960 hearings were announced,
it required little effort to reactivate these
opposition groups, despite the fact that the
current hearings were not to be directed at
Communist activity In the educational field.
"After the proposed 1059 hearings had
been canceled, the House Committee on
Un-American Activities turned over its files
on these Individuals to the California at-
torney general's office and to the school
boards of the teachers involved for any
necessary action.

"But the Communist Party members in
the area skillfully planted the idea that the
1900 hearings were still aimed basically at
teachers and that the stated objective to
inquire Into Communist Party activities in
the area was merely to cover a planned at-
tack on teachers.

"With this setting, it is possible to reveal
how the Communist Party plan of attack un-
folded. It will be seen that the plan had two
Important objectives and unfolded In two
phases to accomplish them. The first objec-
tive of the party was to fill the scene of the
hearings with demonstrators. The second
was to incite them to action through the
use of mob psychology.

"The first stage of the party's plan of ac-
tion began to unfold after the word was re-
ceived on April 26, 1960, by party officials
that subpenns had been Issued for local
Communists to appear for the hearings,
scheduled to take place May 13-14. 1900.
One of the recipients of a subpena was
Douglas Wachter, an 18-year-old sophomore
at the University of California. Wachter, In-
cidentally, had attended the 17th National
Convention of the Communist Party In De-
cember 1969 as an official delegate from
northern California.

"Party officials decided to build a major
part of their plan of attack around Wachter.

Inunedlately. after receiving a subpena.
Wachter proceeded to the University of Cali-
fornia campus to organize student demon-
strators. Mickey Lima, chairman of the
Northern California District of the Commu-
nist Party instructed Roscoe Proctor, a mem-
ber of the district conunlttee, to also con-
tact certain students at the University of
California and enlist their support.

"Lima was assured that student support
would be forthcoming from Santa Rosa Jun-
ior College. His conUct at San Franctaoo
State College, the son of a current mecibcr
of the Sonoma County Conununlst Party,
was equally enthusiastic In promising
support.

"The party line on the hearings and the
general plan of attack were outlined and dis-
tributed early in May to all members in the
area and In a memorandum captioned 'memo
on the Un-Amerlcans.' It was a call to ac-
tion and rank and file party members in the
area quickly responded.

"Members of the San Joee club of the
Santa Clara County Conununlst Party clr-
ctilated petitions and arranged for the pub-
lishing of a protest advertisement in the
local newsfmpers. Oakland Communist
Party members arranged for radio broad-
casts and publication of protest advertiae-
ments in their newspapers. Fund drives were
Initiated in the various clubs to provide fi-
nancial support for the attack.

"On the evening of May 0. party iMdcra
held a meeting to assess their progress and
plan further activity. Mickey Uma stated
that the activity on the campus of the Uni-
versity of California had begun to pay divi-
dends— students were beginning to call for
demonstrations and picket lines to greet
the Hotise committee.

"Lima then issued orders that each club
renreeentative in the area aasxmie the re-
sponsibility of contacting every club mem-
ber to insure that massive demonstrations
would take place at the hearings. He also
discussed the plans that had been formu-
lated by the Communist Party Youth Group
in the East Bay area and stated that he
wanted them coordinated with the plans of
the San Francisco groups.

"A telephone campaign was conducted by
party members to solidify opposition to the
committee and was designed specifically to
reach 1,000 people. Merle Brodsky, an active
leader in Communist Party affairs in Cali-
fornia for more than 30 years, boasted that
he was calling everyone he had ever known,
enlisting sup];>ort for the demonstration."

The purpose? You've heard the official
FBI report now, ladles and gentlemen. Does
this sound to you like a spontaneous dem-
onstration by legitimate students, inspired
by well-meaning student leaders as these
attacking articles and editorials present the
picture? If not, why did the Reporter maga-
zine and the Washington Post, "after dill-
gent inquiry" represent them to be such?
And by so representing do you think that
these and the other attacking publications
are perhaps playing the game of the Com-
munists?

(From Counterattack. Jan. 6, 1901)
8UPPOBT THX HUAC

The S-year campaign of the Communist
Party (CP) to atmllsh the House Conunlttee
on Un-American Activities (HUAC) Is com-
ing to a head with the convening of the new
87th Congress. An all-out effort has been
initiated by the National Committee To
Aboliah the Un-American Activities Com-
mittee (NCAUAC) with the appearance of
pickets before the White Hoxise in Washing-
ton, D.C.. on January 2, 1961, and attempts on
the part of some of the pickets to buttonhole
individual Members of Congress to persuade
the legislators toward their point of view.

Needless to say. the anti-House groups are
receiving much assistance from non-Com-
munists and antl-antl-Communists. many of

1961

CONGRESSIONAL RECORD — HOUSE

wb<»n ahould know better. Leaders of this
syntheUc phase of the struggle are Bepre-
sentatlve Jambs Roosbtixt, Democrat, of Cal-
ifornia, and the Washington Post, which has
long indicated its pr«ferenee for the antl-
antl-Coinmiinist position.

A two-page advertisement appeared in the
Washington morning newspaper in which
Representative BooazvKLT enttorsed the at-
tack on the HUAC. but. from available r«-
porta. the ad did little to add to the number
of pickets or the nolae of the demonstrators.
The NCAUAC chairman for this desperate
bid to destroy the effectiveness of the HUAC
Is none other than Aubrey Williams, former
head at the National Youth Administration
under President Roosevelt. Williams is well
known far his activities on behalf ot Coiri-
munlst causes and was jHresldent of the
Southern Conference Wucation Fund, al-
though he has denied under oath that he was
a Conununlst.

ActuaUy. the ao-caUed nurch waa spon-
sored by the Youth To Abolish the Boiise
Un-American AcUvlUes Committee of New
York, of which Sandra Roaenblum is chair-
man. Repreaentation was claimed from most
colleges in the New York area in the picket
line, the pickets having arrived in Waahing-
tOD in four biisas.

It is significant to recall that on December
33, I960, J. Edgar Hoover, Director of the
FBI. Issued a report about the CP's plans to
formulate a new national youth cM^anlBi-
tton. Obviously, this tactic U designed to
capture the Nation's young people for the
purpose of Instigating student demonstra-
tions and riots wherever It win serve the CP
purposes most. The lessons learned In South
America. Japan, and Ban Praneiaeo, so
pleased the CP conunlssars that their plans
call for more of the same on a bigger and
broader plane.

Hoover's report said: -an addition the
Qimmunists hope to repeat the success which
they achieved on the west coast last May in
spearheading mob demonstrations by col-
lege students and other young people against
a committee of Congress."

Otis Hall. Communist Party leader, is to
head this clandestine youth group and Its
putdicaUon will he called "New Hortzoras for
Youth." under the editorial direcUon of
Daniel Rubin of New York.

To overcome this attempt at CommunlEt
penetration among our youth. «e must be
alert and to be alert, we must have the
facts. Here Is where some of our news media
have fallen down on the job. This is a good
example of the prevailing climate of soft-
ness that seems to stem from the Idea that
we must get along with everylKxly. Don't
cause trouble or strife; dont even report It;
it might cause a fight. This U the area
where we are losing the cold war.

443

On January S. 1901, the New YcM-k Times
carried an AP dispatch about the demon-
stration before the White House under the
headline: "Uphaus Leads Drive in Capital
on Un-American Activities Unit." The article
proceeded to report what appears to he what
a reporter was told. In other words. It was a
press release put out by ttie NCAUAC. The
story mentioned the sponsor of the show

»t^ch estimated that 380 persons

from many parte of the Nation Joined in
the protest."

The article then quoted some of the re-
marks alleged to have been made at a rally
by Dr. WUlard Uphaus who was recently re-
leased from a New Hampshire jail after serv-
ing a year for contempt for refusing to co-
operate with a State legisIaUve committee
Aubrey Williams of Montgomery, Ala.,
chaired the meeUng and after quoting some
remarks at random, the article ended on this
note:

"The sponsor of the rally reported that
many students had participated In the day's
activities. They said representaUves were

present from 01^, Queens, and Hunter Col-
leges and Oolumbia University In Mew York;
Reed OoUeg*. Portland. Oreg.; UnlverHtv of
California at Los Axkfeles: the University o<
Puerto Blco: Antioch CoUege. YeUow Springs,
Ohio; and the University of Chicago."

The impreaslon left by the article is t>*»t
SSO studenu from these colleges spon-
taneoualy and without direction, appeared
in Waahlngton to protest against the con-
tinuance of this committee which had more
to do with uncovering Alger Hiss and many
other spies and subversives than xnost other
media.

The difference between the Times story
and the one that appeared in Uie New York
DaUy News on the same date is so great,
that one could easily get the impression
that the papers were reporting about totally
unrelated and different events.

The News story under the headline "Antis.
Pros of Probe Picket White House," reads as
follows :

"A leftist march on Washington, billed as
a student demonstration against the House
Committee on Un-American Activities col-
Uded today in front of the White House
with a larger group of committee supporters.

"Under the watehful eyes of police, the
opposing groups were separated and per-
mitted to carry placards on the sideviralks
lining Lafayette Park, across from the
White House. Anti-Communists outnum-
bered those demanding abolition of the
House committee more than 2 to 1."

WH.*T THZ Tllfias LXrr OtFT

To get a more accurate picture of what
happened, since we were not on the scene
ourselves, we referred to the January 2,
1901 issue of the Evening Star ot Washing-
ton, D.C. Under the headline "Other Groups
Picket Anti -Committee Pickets" the Star
reported as follows:

"More than 500 pickets, some opposing the
House Un-American Activities Committee
and others supporting it, paraded along
H Street NW. near the White House
yesterday.

"There was no disorder as the sign-carry-
ing marchers from eight groui>9 — which in-
clxided New York students, Hxingarlans,
Cubans, Catholics and members of the Amer-
ican Nazi Party — picketed each other for
2 hours.

"Deputy PoUce Chief George R. Wallrodt.
who headed a force of 85 policemen on the
acene, said some shouting and Jeering broke
out later after a rally of the antlcommittee
group in All Souls Unitarian Church, 16th
and Harvard Streets, NW.

"The largest single group. Deputy Chief
Wallrodt said, was the 312 members of the
Youth Committee To Abolish the House Un-
American Activities Committee, who arrived
from New York on four buses.

"Supporting the House committee were 105
members of the Antl-Communlst Interna-
tional and 100 Young Americans for Free-
dom, both from New York. Smaller pro-
committee groups included the Fighting
American Nationalists, the Catholic Freed<»n
Foundation, and the Federation of Former
Hiuigarlan Political Prisoners.

"A group of anti-Red Cubans bolstered
the Antl-Communlst International the dep-
uty chief said, and George Liixxto Rockwell
of Arlington was on hand with a few of his
American Nazi Party members."

Later that night the story related, the
antlcommittee group beard Dr. Uphaus talk
at the Unitarian Church. This meeting was
picketed by about 175 of the procommlttee
demonstrators and while there was some
disorder, there were no arrests.

ANALTSIS

This Is typical of the antl-antl-Conununlst
technique. Tlie Times story is only 50 per-
cent correct — there were anti-House commit-
tee pickets outside the White House on
January 8. 1961. the day the 87th Oongrees
convened. This type at news coverage tells

only one side of the story a^ul leavM the
reader with the Imt^eaaion that everyone In
the demonstration was against the House
Un-American Actlvitiea Committee. The
thought is alao left with those who dont
know, that the House Un-American Activlttas
Committee must Im a bad committee if so
many are against its contlnuaiu», and no
one is for it.

We do not want to leave the Impresskm
that we are accusing the Times or the AP
with having Communist spies on their staffs
who planted the half-true story. On the
contrary. If there were such q>ies around,
they would be relatively easy to uncover be-
cause of their acUvltles. The firoblem Is
much worse than that and therefore much
more difficult to correct since the cause may
be any one of many.

For example, reporters arc people and like
all <tf us. are inclined to take the easy way
out. It is much easier to rewrite a press
release prepared by someone else than it is
to do your own leg work, go to the scene
of the story, wait around the 2 hours necee-
sary to get sufficient facts and then back to
the office to type out the story. And why
worry about it anyway since most people
aren't interested, and most certainly won't
be by the time the papo is thrown away?

An old reporter recently told us that h«
was broken in on the Job with a newspaper
with the admonition. "Remember men, you
write today's headlines for tomorrow's bas-
ket." The smart publicist knows this U the
way some newspapers operate and can take
advantage of It for his own purposes. Un-
fortunately, not all smart publicity men are
on our side. Too numy others don't know
much about comjuunism and many more
dont care.

This pracUce, however, has created a sit-
uation which prevents the vast nutjority of
our citizenry from getting the true facts. It
leaves the field to the minority who knew
what they are doing and why they are doing

The foregoing is only one ^uonple of pos-
sibly hundreds which could explain the rea-
son for such a distorted picture. The reason
might also be that it is the policy of the
particular newspaper or the particular re-
porter. In any event, the effect Is bad as
it does not pc«-tray the facts sufficiently to
give the reader an opportunity to make up
his own mind about the pros and cons of
the so-called controversy. A void Is created
by the half-truth which permits Communist
propaganda to appear and sound niore palat-
able than It otherwise would.

CONCLUSIONS

We have been aware of the Communist
Party's distaste for any Goverrunent agency
which has the power to and does investigate
Its EUbverslve activities, since investigative
agencies and congressional committees were
authorized by Congress to opemU In this
fashion.

We are aware of the activities of the
Emergency Civil Liberties Committee
(ECLC) which began a specific drive over 3
jrears ago to get the Congress to abolish the
HUAC, the Senate Internal Security Subcom-
mittee, the FBI, and the Government Is secu-
rity program.

Taking Into consideration the last Icsue of
Counterattack where It was pointed out that
the Commimlst manifesto tssued in Moscow
on December 6, 1960. stressed the need for
destroying all anti-Commxm^ist organizations
(see p. 301 ) , it is easy to see that the above-
mentioned committees and agencies are in
for a fight for existence. The manifesto is
«n order to every Communist Party grotip in
the world. Anything we do that does not
defend our system will aid this directive and
the Communist Party causes.

It Is clear that the NCAUAC Is aiding this
eatue and so is the Youth to Abolish the
Rouse Un-American Activities Committee.
It is also clear and ot small comfort, that

444

CONGRESSIONAL RECORD — HOUSE

Janiuiry 9

1961

m

this youth committee has afBllates on the
camp\ues of each unlTerslty and college
mentioned In the Times article.

As U to prove a point, It has been pointed
out in the past (see Counterattack, July 22,
I960, p. 118) that the Communist Party was
stepping up Its activity among youth groups
In the United States as well as all over the
world. It Is up to lu to get the truth and
pass It along to those who are the special
targets of Communist Party Intrigue. It
would be a tragedy If the Communist Party
were able to succeed In this endeavor.

What to do: Write your Senators and Con-
gressman today. Tell them that you support
the intent, purpose, and activity of the
Hovise Un-American Activities Committee,
the Senate Internal Security Subcommittee,
the FBI and the Government's security pro-
gram. Do not let this fight go by default. If
these conunlttees and agencies were ham-
pered In their work. It would be a terrible
blow to the Nation.

Alert your children to the activities of
these groups among the young people. Acti-
vate your social and neighborhood groups by
explaining to them what la going on. If you
can. Influence your local papers about the
true facts and see that they dont distort
the news by only printing one half of a story.
This Is Important.

THK CLXKGT SPEAK OUT

Now I know, Mr. Speaker, that since I
am a member of the House Committee
on Un-American Activities I will be
charged with slanting my remarks.
There were a number of ministers pres-
ent at the hearings In San Francisco.
They issued a voluntary, joint statement
following the hearings. Those who is-
sued the statement were Dr. O. Archer
Weniger, of Oakland; Rev. Don Watson,
of Oakland ; Dr. H. Austin, of San Fran-
cisco ; Rev. Robert F. Hakes, of Alameda ;
Dean William O. Bellshaw, of the San
Francisco Baptist Seminary; Dr. H. O.
Van Gilder, of the Western Baptist Bible
College; and Dr. Arno Weniger, of San
Francisco.

Here follows their own eyewitness ac-
count of what transpired inside the hear-
ing room:

More than a dozen ministers were in at-
tendance at the congressional hearings of the
Hoxise Un-American Activities Committee In
San Francisco on May 12 and 18 In the super-
visors chambers in the city hall. What we
witnessed was utterly fantastic. The shame-
ful demonstration against law and order and
against this duly constituted committee of
the Congress defies description. We sat In
the rear of the room on a raised platform
where we could easily observe the proceed-
ings, right in the midst of the student dem-
onstrators. We studied the crowd carefully
for hoiurs and oould easily discern which
were the masterminds of the mob riots. It
la our certain conviction that this indefensi-
ble demonstration against law and order was
conceived, planned, and directed by a few
hard-core Communist agitators who were
carrying out their textbook orders on Insur-
rection with classic success. Leaders of the
mob Included faculty members and well-
known leftist lawyers for the fifth-amend-
ment Conununlsts.

We were sitting where we were able to ob-
serve the giving of instructions by the riot
leaders who had gained access to the room.
The Dally Callfornlan, which was distributed
widely at the scene, gave explicit Instruc-
tions on the front page of the Thiursday
Issue on exactly how to harass the commit-
tee. They were told to laugh out loud at
every Incident that appeared to be amusing
in order to make the Congressmen look ridic-

ulous. These well -disciplined mobsters
la'Ughed on the dotted line and obeyed their
masters to the last Jeer. We watched a na-
tional committeeman tor the party line up
a dozen Communists near the railing and
throw every sneer. Invective, abusive lan-
guage, vile profanity, and fiendish charge at
the Congressmen they could conceive. For
nearly 15 minutes at one point, this lawless
crowd of students from the university, to-
gether with party cadres, had the chambers
almost In their control. The students, com-
prising the rear third of the audience stood
up on their seats and yelled. Jeered, hissed,
and scoffed at the Congressmen. It was al-
most complete breakdown of law and order.
We witnessed more violations of the law in 16
minutes than we have seen In 16 years.

The only criticisms we have of the police
authorities were of allowing this element to
make such a mockery out of law and order,
without Jailing every one of the leaders.

The height of their devlUsh hypocrisy was
reached when they had the consummate
nerve to profane the national anthem by
singing it at the peak of their demonstra-
tion, and giving expression to their treason-
able delight by singing "Mine Eyes Have
Seen the Glory of the Coming of the Lord."
The depth of their deceit was reached when
this mob element put their hand over their
heart and pledged allegiance to the flag. We
shall never forget the hiss and boos that
greeted Mr. Arena when he first mentioned
the name of God in connection with one
who broke from the party.

We are at a loss to understand how clergy-
men, such as Bishop James Pike, could give
any aid and comfort to this lawless kind of
activity by statements deriding the com-
mittee, and by allowing his assistant pastor
to address one of their despicable rallies.

We came away from this hearing alMO-
lutely convinced of the overwhelming neces-
sity of continuing the House Committee on
Un-American Activities. No free agent could
view the hearings without being Impressed
with the fairness. Justice, and dedication to
a thankless, but positively necessary task.

Chairman Edwin Willis was unusually
temperate and patient. We have nothing
but unbounded admiration for Richard
Arena, committee counsel, whose skill and
understanding of this perilous conspiracy
was a blessing to behold. We apologize to
these devoted public servants from Congress
for the devilish and deceitful conduct of an
inflnlteslmally small but alarmingly , arro-
gant segment of this area, who are willing
to be tools of the Communist conspiracy
which would make a shambles out of the
liberty which marks this great Nation as the
land of the free and the home of the brave.

Etewttncss MiMisms Cehtift AccxnucT or
San Fkancisco Film — "Opxkation Aboli-
tion"

The frightening drama of the Communist-
Inspired student riots of May 12-14. I960,
has been captured In a startling film au-
thorized by the House Un-American Activi-
ties Committee entitled "Operation Aboli-
tion." The film is a 40-mlnute documentary
taken by news cameramen both inside and
outside the city hall. Local Communists
are identified as they Incite the crowds to
wild disorder and violence, In which several
policemen were hospitalized. Communist
charges of police brutality are ridiculous.
One could not be an eyewitness to this
tragedy without a fear of those few who are
dedicated to this party of treason and yet
who so successfully staged this dress re-
hearsal for revolution In our own area. This
film Is one of the most effective counter-
blows for liberty Imaginable. These Com-
munists, together with their fellow travelers,
dupes, suckers, xuiwlttlng tools, and a few
regrettable allies In the ministry, little
realized that they would be making a per-

manent record which would •spoM their
treasonable activity.

Inasmuch as the Communist oonspiraey
has launched a massive attempt to discredit
this film, we ministers who were eyewit-
nesses to this horrifying development local-
ly, wish to certify that this film Is a true
and acciirate representation of the activities
of the hearings. The commentary is truth-
ful. The film is not "doctored." The
sound track Is not distorted. The leftwlng
charge that this film Is a forgery is a mani-
fest lie. While the original films were prob-
ably 6 hours In length, most was repetition
of the obstructionist tactics of the sub-
penaed witnesses. Nothing was eliminated
which would show the rioters In any bet-
ter light. In fact, we were amazed that the
committee would allow wltneases Wm.
Mandell and Douglas Wachter to freely ex-
press their vicious propaganda attack ufKin
the Congressmen.

We feel that It Is our duty to warn citizens
to beware of a Communist-doctored version
of the film, which has been so grossly emas-
culated that It bears Uttle resemblance to
reality and constitutes a clever piece of
propaganda for the Beds.

We urge that every citizen see the true
version of the film, and then make every
effort to have it shown as a patriotic gesture
before every church, civic, governmental.
commercial, educational and private group
passible. No film has stirred more Interest
over the Nation. Tour local police depart-
ment can probably teU you where copies can
be secured.

Moreover, we feel that this is the boor
when cltliMns should close ranks behind our
courageous Congressmen who are bearing the
heat and burden of the day In this struggle.
The Communist conspiracy Is mobilizing the
full strength of every sympathizer to destroy
these absolutely essential committees. Write
today to Chairman Peamcis Waltss, Demo-
crat, of Pennsylvania, House Office Building,
Washington. D.C. Inform your own Con-
gressmen.

MORTQAOE OUARANTEE PROGRAM
FOR DEPRESSED ECONOMIC
AREAS

The SPEAKER. Under the previous
order of the House the gentleman from
Pennsylvania [Mr. Flood! Is recognized
for 15 minutes.

Mr. FLOOD. Mr. Speaker, today I am
reintroducing my bill to promote the re-
development of economically depressed
areas by establishing a Government
corporation which will provide a sec-
ondary market for industrial mortgages
covering property in those areas.

In my district, comprising Luxeme
County, one of the obstacles to rede-
velopment is the fact that the local lend-
ing and banking institutions have
reached the limit of their lending power
under the regulations established by the
Pennsylvania banking laws.

Therefore, it is most important that
some means be found to release the
mortgage financing that is currently
committed so that the required ftmds
for furtt:^r industrial expansion can be
made av&ilable. My bill will, upon en-
actment, do that very thing.

I have brought this matter to the at-
tention of the Kennedy Task Force Com-
mittee dealing with problems of areas of
chronic unemployment to which I served
as an adviser and it was unanimously
approved by this committee and incorpo-
rated in its report of January 2, 1961.

CONGRESSIONAL RECORD — HOUSE

445

On page 8, section E. of that report it
states as follows:

Many communities which have s\iffered
heavy unemployment over a long period
have Invested large sums. Including funds
raised by popular subscription throtigh
community development organizations. In
long-term indiutiial. mortgages. But these
communities, some of which pioneered in
self-help operations, now find their avail-
able risk capital tied up in these mortgages,
and are running out of financial resoiu-ces.
In order to free their funds for new invest-
ment in enterprises which will create the
required new Jobs, the Area Redevelopment
Administrator should study the feasibUlty
of allowing financial institutions in dis-
tressed areas, especially community develop-
ment groups, to rediscount their industrial
mortgages with some agency of the Federal
Government. This could follow the general
pattern established for the purchase of real
estate mortgages by the Federal National
Mortgage Association.

Mr. Speaker, at this point in my re-
marks I would like to submit my formal
statement on the bill itself and Its
provisions :

Forced with the long and turbulent history
of the area redevelopment bill, also known
as "le distressed or depressed areas bill, and
also as the Flood-Douglas bill. I recognize the
need for another approach to at least one
part, but an Important part, of this many-
sided problem.

The chamber of commerce, the Commit-
tee of One Hundred, and the Ind\istrlal De-
velopment Committee of Wilkes-Barre. Pa..
and the Chamber of Commerce and the Can-
Do Commltte« of Hazleton. Pa., are outstand-
ing examples of what a conununlty can do to
help Itself to meet the issues of unemploy-
ment, underemployment, and general eco-
nomic and IndiiBtrlal development. With a
long history of success In rasing local funds
In varlotu ways and enjoying the enthusias-
tic participation of local banks In financing
its extensive programs, these areas soon
realized that its local risk capital was ex-
hausted for this purpose and what was
needed now Is a bill to allow banks and
lending institutions to rediscount their In-
dustrial mortgages with the Federal Govern-
ment following generally the same pattern
as Fannie Mae mortgages. These mortgages
should be piu-chased at a little less Inter-
est rate than the banks have charged in
order to give trustee banks an opportunity
to charge a small sum for servicing the
loans for the Federal Government. This
proposal has been endorsed by bankers, law-
yers, by various union people, and by the
businessmen, and by the industrial develop-
ment corporations of the affected area.

This type of program is an absolute must
for communities who have attempted an eco-
nomic renaissance. When the communities
run out of financial steam, additional
moneys could thus be funneled Into the
community for industrial development usage
at no cost to the Government. It would be
a loan which would be repaid with Interest.
Another point in its favor Is an existing
Government agency could handle the entire
transaction.

Secondly, the Federal Government should
rediscount the third mortgages of industrial
development agencies In the same manner.
It wovUd supply these communities with par-
tial or additional funds to continue their
industrial development program through
their existing industrial development corpo-
rations.

Here is a concrete proposal which would
continue to spark otu- industrial renaissance,
so I have a suggested program of Federal
loan guarantee and discount faculty — the
proposal outlined below is patterned gen-

erally after the V-loan program authorized
by the Defense Production Act of 1860:

1. An Independent agency, the Area Re-
development Administration, would be
established (similar to that provided for in
S. 722). This agency would determine the
eligibility of areas under criteria established
by the law.

2. The ARA would be authorized to insure
Industrial loans in eligible areas if It de-
termined that the loan would contribute to
the basic economic health of the area and
that it met certain standards of soundness.
This guarantee would cover up to 00 percent
of the outstanding balance of the loan and a
premium would be charged by ARA. To Ini-
tiate the program, the Treasury would be
authorized to contribute $10 million as an
insurance reserve. This Treasiu-y contri-
bution would be ultimately repayable from
income received from application fees and
insurance premiums.

3. The ARA would discount the insured
portion of any loan upon demand by the
borrower. The amount of the discount
would be based on the current cost of money
to ARA. To finance these purchases, ARA
would be authorized to issue its own de-
bentures, not guaranteed by the Govern-
ment, to private Investors. To provide a
basis for issuing these debentures, the Treas-
ury would be authorized to purchase 910 mil-
lion preferred stock In the ARA discount
facility (to be repaid to the Treasury even-
tually out of Income) . In addition, the in-
vestor who sold a loan to ARA would be re-
quired to purchase a certain percent of
capital stock.

The proposals made in the ARA plan are
aimed primarily at those areas of substantial
unemployment which are making progress
Is helping themselves. In particular, the
purpose Is to free funds of banks which are
loaned up both In terms of their total ratio
of industrial loans to deposits and in the
amounts which can be loaned to a single
borrower. It is also intended to help de-
velopment corporations which have reached
the limit of their financial capacity.

It has been proposed that the Federal Gov-
ernment provide guarantees of privately
made loans and also a discount facility em-
powered to pxirchase loans from banks and
development corporations. In addition to
establishing precedents for this tsrpe of aid.
the assistance proposed by this plan might
be patterned after one of these programs.
The plan generally follows the V-loan pro-
gram.

It should be noted that the Insurance and
discount proposals oould be considered in-
dependently.

The principle benefit of the insurance fea-
tiu-e would be to encourage private lending
institutions outside the redevelopment areas
to purchase loans from local lenders, thus
freeing local resources. A Federal dlscoiint
facility would not need the Insurance al-
though the insuring agency might well
handle the review and approval of loans
more expeditiously than the discounting
agency.

It has been suggested that the Federal
Housing Administration be the agency to
write this Insxirance. However, this would
probably antagonize the real estate Interests
which would object to seeing FHA take on
a program outside their field. Also the In-
suring of Industrial loans would be com-
pletely new to the FHA staff. Already there
are many complaints that FHA processing
takes far too long (often as much as 45
days) to approve applications In their own
field of housing. Also. It seems certain that
other Government agencies, particularly the
Department of Ck}mmerce, would raise strong
objections on Jurisdictional grounds.

LOAN INSURANCB

Obviously it is very Important to keep red-
tape and bureaucratic details to a minimnnr^

A colnsiu-ance approach such as Is tued In
the FHA property Improvement program
would help to hold processing time to a
minimum. For example, the Government
might guarantee 90 percent of the outstand-
ing balance of a loan.

A PEDKBAL DI8COT7NT FACILnT

In view of objections to using Federal
money for area redevelopment any discount
facility wo\ild probably have to be patterned
after the Federal National Mortgage Associa-
tion's secondary market operations.

Brlefiy. FNMA is authorized to seU Its own
debentiu^ (which do not carry any Federal
guarantee) to private investors in an
amount up to 10 times its capital, surplus,
reserves, and undistributed earnings. The
initial capital was provided by the Treasury
which purchased |50 mUUon of FNMA pre-
ferred stock. Additional capital comes from
the requirement that anyone selling a mort-
gage to FNMA must purchase common stock
equal to 2 percent of the amount of mwt-
gages sold. The objections to a similar dis-
count facility for area redevelopment would
be the initial Treasury capital required plus
the fact that the debentures which the
agency sold would compete with the Treas-
ury for private funds.

•mz V-LOAN PaOGRAlC

An interesting variation erf the insurance-
discount idea was provided in the Defense
ProducUon Act of 1950. Under thU pro-
gram Government procurement agencies,
primarily the Department of Defense, were
authorized to guarantee loans when neces-
sary to stimulate defense production. This
guarantee included a provision that upon
request by the lender the procuring agency
was required to buy the loan. Adapting
this to area redevelopment, the law might
authorize an Area Redevelopment Admin-
istration to offer its guarantee for any loan
which it determined would aid employment
In an eligible commxinlty. This guarantee
would also contain a contractual agreement
that the agency would purchase the loan
upon request by the lender. The funds for
these purchases could be obtained from the
sale In the private market of the Agency's
own det>entures.

COMMUNITT FACILrnxS

In regard to points 3 and 4 of the outlined
hereinabove, which call for long-term low
interest loans to prtvatj utilities for high-
ways and schools and other services to In-
dustrial tracts. It Is suggested that the funds
be made available by earmarking author-
izations In existing pn-ograms such as the
public facilities loan program administered
by Community Facilities Administration
( HHFA ) . These earmarked f tmds could be
used only after certification of need by the
Area Redevelopment Administration.

As a result of the developments which
witnessed in my own area, what such need
most Is refinancing assistance. The prob-
lem existing in our industrial development
agencies here Is that we have reached the
limits of the lending capacity of most of the
banks. We have already been forced to
secure out-of-area financing in one Instance.
We are rapidly being forced out of this area
for financing in many other instances.

Under these circumstances, it seems that
one Important thing that we should try to
do is to establish a system whereby the
banks in an area could rediscount the "pa-
per" with the Federal Government. As I
have said, this would be much along the
lines of the so-called Fannie Mae mortgages
whereby the Government buys up or redis-
counts these mortgages.

If this could be arranged for the labor-
surplus areu utilizing industrial develop-
ment programs. It would mean loaned-to-
oapadty banks could rediscount this paper
with the Federal Government, possibly at a
percentage slightly less than what they are

446

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

I

W

receiving. This difference could be lued to
pay the banks for the serrlclng of tha Fed-
eral Oovemment's mortgage and handling
the collection.

This, of co\irBe, must be done In ruch a
way that the Federal Oovernment woxild be
the lender rather than the banka. This la
neceeaary ao that the local development
oorporation would no longer be liable to the
banks and would no longer be carried by the
banks as an up-to-capocity borrower. Thxis.
the banks would have a practically Inex-
haustible lending capacity to an Industrial
development orgaulaation such as Can-Do In
Hazleton or any similar local group.

The second feature of this bill should be
that Can-Do. the local group, would be able
to either mortgage Its interest to the Federal
Ck>verninent at a nominal rate of Interest,
which should be less, of course, than what
Can-Do Is paying to its bondholders and a
BUlBclent percentage of interest left so that
Can-Do can service the collections and pay
for them out of the interest. Can-Do could
either mortgage any Interest that It had left
In any particular building or, as In the case
of some buildings where It had taken mart-
gages, could rediscount these mortgages
with the Federal Government, If this sys-
tem were set up it woiild mean an end to any
further Can-Do drives fQr money since It
would have a continual revolving fund of
money iintll such time as all Can-Do bonds
w«« due for redemption. Svery time It had
reached the Itanlt of Its capacity and were
completely out of money, It could then either
mortgage any interest It still had with the
Federal Government, or It could rediscount
with the Federal Government any mortgage
that It would then hold.

As I see it, this Is one great need of such
local groups. In addition. It will pmt us Into
competition with a great deal of the country
that we are not In competition with at the
present time.

Another thing, it will urge any area that
wants any government assistance to first go
out and raise funds of their own — this should
be a quallQcatlon of the bill — and will urge
States that want assistance to set up funds
of their own before they would have any
ability to rediscount In the method that I
have set forth. The financing plans sug-
gested here will provide the large majority of
the necessary industrial development money
once a community has raised funds. While
the Federal Government woald be participat-
ing with its ability to raise and loan money,
It would not require the Federal Government
to participate unless the ccMxununlty and
State had first shown initiative. This would
have a great advantage in that It would pro-
ceed to construct btilldlngs In exactly the
same manner It is doing now. Thus, It would
only be when it wo\ild reach a limit of Its
funds that we would apply for this assist-
ance. Federal redtape would not prevent a
delay In the coiutructlon of the building or
the signing of a prospect.

X respectfully submit that regardless of
what is done about any other type of bill, we
should go on record as urging this kind of
assistance.

I do not look upon this bill as a sacred cow
and therefore, untouchable. This bill Is
the synthesis of the thinking and the expe-
rience of many responsible citlxiens who have
devoted their time and talents for many
years to this problem. This bill Is a proposal
for a vital need. I would urge that when
considered by the great Banking and Cur-
rency Committee of the House, which com-
mittee undoubtedly will receive the bill,
the vast experience of that committee and
Its brilliant staff with the many problems
of the distressed economic areas of our Na-
tion as well as its knowledges of the Govern-
ment mortgage program, will expedite the
passage of this legislation bringing to the
bill ideas, suggestions and proposals to In-
sure its success.

I am Indebted to niunerous civic leaders In
my congressional district for their advice and
assistance In the preparation of this bill and
these remarks: particularly Mr. Frank Burn-
side. Mr. John Hburlgan and Mr. William O.
Sword, of Wllkea-Barre; Attorney Lou Feld-
vaux, past national commander of tha VFW
and attorney for the Hazleton Can-Do group;
Dr. Sdgar L. Dessen the driving force behind
the Hazleton operation, and Mr. CllfTord
Jones, secretary of the Hazleton Chamber of
Commerce.

A PROGRESS REPORT ON THE
POINT 4 YOUTH CORPS

Mr. HAGAN of Georgia. Mr. Speaker.
I ask unanimous consent that the gentle-
man from Wisconsin (Mr. Rextss] may
extend his remarks at this point in the
Record.

The SPEAKER. la there objection
to the request of the gentleman from
Georgia?

There was no objection.

Mr. REUSS. Mr. Speaker, In response
to the request of numerous Members, I
present herewith a progress report on
the Point 4 Youth Corps proposal.

The 86th Congress In June IWJO, au-
thorlaed a stu ly of the point 4 Youth Corps
In section 307(b) of the Mutual Security Act
of I960. The Appropriations Committees of
the Congress approved the s\un of flO.OOO
from Government funds to help finance such
study. The authorizing legislation specified
that the President should arrange for a non-
govemnMntal research group, university, or
foundation to make the study and that the
study should evaluate the advisability and
practicability of entering Into such a pro-
gram.

The Director of the International Coopera-
tion Administration acquired responsibility
In the executive branch for arranging for
such study and he, in turn, delegated the
responsibility for necessary staff work to the
Deputy Director for Management of ICA.
After preparing a guidance outline to control
the development of the study, ICA then con-
tacted three foundations In an attempt to
secure an additional amount deemed neces-
sary to fully implement the study.

Following failure to obtain additional
funds, ICA proceeded to select a study group
to make the study. A contract conunlttlng
the $10,000 available for ICA use was exe-
cuted with the Research Foundation of Colo-
rado State University In November 1960.

By the terms of the contract, the Research
Foundation of Colorado State University is
required to provide ICA with a preliminary
report making recommendations on the
Youth Corps proposal not later than March
1. 1961, and a final report not later than May
1, 1961. The study group has sufficient funds
to make field visitation to some eight coun-
tries In three separate sections of the world
In order to check oirt the practicability and
feasibility of the Youth Corps Idea.

Since a considerable public Interest has
bean displayed in proposals for a Youth
Corps or Peace Corps, utilizing young U.S.
adults in overseas service, some of the lead-
ing Ideas developed In three meetings are set
forth below. Two of these meetings were
held by Dr. Maurice L. Albertson, director of
the Research Foundation, in New York and
Washington, and one was held by the House
author of section 307(b), Representative
Hknst S. Reoss, of Wisconsin. Repraaant-
atlves of universities, foundations, labor
unions, voluntary agencies, and religious de-
nominational groups attended the meetings
by invitation. The Ideas presented below
represent some of the thinking and discus-
sion which occurred in the three meetings:

1. Objectives of the point 4 Youth Corps
program: Firm concliislons were not reached

concerning objectives. The concensus of
opinion was that the objectives should be
somewhat broader than those usually at-
tributed to technical cooperation. The
Youth Corps should provide opportunity for
young Americans to have significant experi-
ence In working overseas where they can
contribute to aiding with particular objec-
tives and aspirations of foreign people. The
objectives are not to be confined to those of
the foreign government but might well re-
flect expreaaad needs and aspirations of pri-
vate institutional groups. It Is assiuned,
however, that objectives of private foreign
groups will be ones which the foreign gov-
ernment would not oppoae. It was con-
cluded that If appropriate jobs could be
found, the Youth Corps might well add a
new dimension to International economic
and social development effort. It la \xa.pat-
tant that U.S. people demonstrate to for-
eign people that they really care about them
as people and are vitally interested In their
social and economic develo^nnent.

From the standpoint of American youth,
the objective would be to provide opportu-
nities for young Americans to develop them-
selves, to gain experience In technical co-
operation work abroad, to engage In mean-
ingful and useful work, to obtain better
understandings of tha culture and soclaty of
foreign peoples, and to assist in creating at
bon\e a wider understanding of the needs
and aspirations of partlciilar countries and
peoples. A body of opinion favored straas-
Ing the mutuality of purpose of the United
States and of the foreign country in a pro-
gram of this kind.

2. Program elements: It was thought that
three sepiurate but coordinated aspects of a
Youth Corps program would be desirable
and should receive Investigation. One aspect
of the program would be a United Nations
Corps In which the United States would par-
ticipate. A second aspect would caucaiii
Itself with Intensification and expanakm of
going voluntary agency and university pro-
grams. Several voluntary agencies and the
universities and foundations are already en-
gaged in programs which send young people
abroad to teach In all types at achoola. to
demonstrate Improved practices In agrlcul-
tiire and to do a variety of tasks of either a
technical cooperation or a cultural or edu-
cational nature. This aspect of the program
could ba largely expanded without disturb-
ing the asaentlal management controls which
private agencies now exercise over their pro-
grams. These private bodies could greatly
expand existing programs If governmental
resouroea vrera made available for over aaa
travel and other typea of support.

Tha third aspect of the program would
constat of a corps sponsored and financed al-
most entirely from U.S. Oovernmant funds.
This aspect would provide the largaat num-
bers and the major nucleus of the corps.

Various poaslbillties respecting a single di-
recting and coordinating administering agan-
cy encompassing all three aspects were ad-
▼anead. The Youth Corps could be an Inde-
pendent governmental agency reporting to
the President, a semiautoncinous organiza-
tion In the Department of State, a part of
ICA. a quasl-prlvate public agency such as
the National Science Foundation or body,
such as the Fulbrlght committee which han-
dles educational exchange.

It was the opinion of most of thoae pres-
ent that the organization choeen probably
should be governmentally administered but
be guided by a public advisory committee. It
should ba permitted to have maximum au-
tonomy and freedom In all aspects of its
operations, and should receive maxlminn lo-
gistics support from existing U.S. Govern-
ment agencies. It should have as Independ-
ent a character as poaalbla consonant with
its position of being a uUllzer of public
funds. Complete dependence would not ba
placed upon the use of pubUc funds, how-

447

ever, the maximum tise of private funds and
private resources would be added as well as
would maximum use of all resources avail-
able to the oountrlaa to be benefited.

3. The slae of the corps: Proposals on the
size of the corps varied greatly. Representa-
tives of organized labor felt that the corps
should not be restricted to an elite college
class. It should include Journeymen, ap-
prentices, artisans, and a variety of other
labor technical or supervisory groups for
which an effective demsnd is presumed to
exist In foreign underdeveloped countries.

Representatives of the universities and
private agencies felt that the corps should be
restricted in size at least Initially, that there
should be careful selection of members on
the basis of character, motivation, ability to
represent the United States effectively, and
ability to perform in tasks recognized as be-
ing Important in the economic and cultural
development of selected foreign countries. It
was pointed out repeatedly that the nature
of effective needs and demands for U.S. as-
sistance would vary greatly as between coun-
tries aided and that no uniform pattern of
program was possible. The majority of per-
sons attending the various meetings cau-
tioned that the corps should start small, pos-
sibly having no more than from 600 to 2,000
members the first year, and develop only as
real demand for expansion is demonstrated.
In other words, a beginning would be made
with presumably a small group of well
planned pilot projects. As these projects
succeeded, others would be added to round
out the corps.

There was an equally strong sentiment
that to start with too small a niunber might
be detrimental. A small effort would not be
worthy of U.S. governmental support. Like-
wise, the very fact that tha U.S. Oovernment
advertised its Intention abroad to devote
rather substantial reso\ux;es to this effort
would serve to help create an effective de-
mand for assistance. It Is quite all right
to assxmie that no projects be undertaken
except by specific request of a foreign group;
however, luiless an atmosphere of rising ex-
pectation is generated and unless foreign
people know that a resource of some magni-
tude exists, a body of specific requests for
assistance would not be forthcoming.

4. Types of Jobs to be performed : The dis-
cussions revealed many poasibilities in re-
spect to types of jobs which youth corps
members could perform.

In many of the very underdeveloped coun-
tries there Is need for teachers of various
kinds. Teachers are needed in elementary
and secondary schools and in technical and
trade schools. In countries where there are
going universities, young people could teach
at the university level. It was felt that a
basic requirement for teaching would be
knowledge of the particular technical or
professional field as a first prerequisite.
In connection with the orientation process,
young graduates would require at least min-
imum instruction in educational and teach-
ing methods.

An expansion of the various types of work
now being performed by the International
Voluntary Services. Inc., was also deoned
desirable. International Voluntary Services.
Inc.. works in the field of community devel-
opment and agricultural improvement.

The field of public health was mentioned
as an area where extensive work of an ap-
prentice and operating type might be per-
formed by youth -corps members.

One member of the group mentioned the
success already realized in using young busi-
naaa achool graduates in development banks

Additional proposals covered a wide range
of other activities, including work In con-
servation and natviral resources development,
recreation, local government, public admin-
istration, and internships or apprenticeships
In many fields, especially those In which pro-

grams of technical assistance are underway.
Some of the participants pointed to succees-
ful university exchange programs which
might be enlarged with U.S. Government
assistance. Others commented on the need
to explore the possibility of use of a corps
similar to the old Civilian Conservation Corps
in the United States but on a more limited
scale.

Other participants mentioned requests
which had already been made by particular
countries. Among these was the request by
the chief justice of one country for grad-
uates of Harvard Law School to serve as
clerks for court jxistices. Another was a re-
quest by a minister of education for 50 col-
lege graduates In the schools of his country.
In all cases there was rather uniform
agreement that persons selected for the
Youth Corps should have high standards of
proficiency in the particular field In which
they were selected to work.

The experience of universities and volun-
tary agencies reveals that rather extended
research and negotiation Is the rule before
good projects are found. Another time
period elapses after a project is operating
before the benefits of the projects are proven
to the satisfaction of both participants and
people in the host country.

6. Relation of corps membership to draft
exemption: Following rather extended dis-
cussion, it was pretty firmly agreed that
membership in the corps should not be held
out as an alternative to a requirement for
military service. Bven if this were done
legislatively, a succeeding Congress could
remove the exemption. As a practical mat-
ter, persons who serve 2 or 3 years in the
corps would undoubtedly obtain deferment
while they were so serving; afterward the
deferment might well continue for other
reasons — for example, having passed age
limits, having gotten married, or having en-
tered Into a line of work of recognized im-
portance. International Voluntary Services.
Inc.. cited Its experience In not having a
single member of Its oversea group called
up by a draft board.

8. Necessity for close coordination with
going programs: Some experienced partici-
pants pointed to the necessity for closely
relating Youth Corps projects and programs
to other aid programs In the host coimtry.
For example. Youth Corps programs carried
out at local levels should be related to ICA
and other programs operating at district and
national levels. Projects undertaken should
not be merely gimmicks but should be re-
lated to worthwhile long-range social and
economic development alms. Emphasis
should be placed on careftil planning of
projects before they are Implemented.

There were differences of opinion as to
how closely the program should be Identified
with U.S. National Government policies and
alms. Some participants felt that as much
dlsassoclatlon as possible would be prefer-
able: others pointed to the danger of at-
tempting to disavow a relationship with
U.S. Government alms and purposes.

Some experience points to the desirability
of bringing foreign leaders to the United
States for training and observation prior to
inaugtirating projects abroad staffed by U.S.
citizens. Before any project is inaugurated,
It should be requested by people in the host
country through reliable channels.

7. LefMlership of the Youth Corps overseas :
It was generally agreed that well selected,
mature, and imaginative leadership would be
necessary for each project or group of proj-
ects in each foreign country. The highest
possible standards should apply in the selec-
tion of Youth Corps leaders. Emphasis
should be placed on demonstrated capacity
to live and work effectively with others,
especially in foreign environments.

8. Relationships with host country people:
It was proposed that host country people be
closely brought in as participants and part-

ners in Youth Corps projects to the maxl-
mimi extent possible. The word "associates"
might be used to denote this relationship.

The primary objective of the Youth Corps
leader must be to convince foreign people of
the reason for the project. One participant
pointed out that new wells drilled to obtain
pure drinking water in a country were later
filled In with rocks by the uninformed local
people.

9. Orientation and training of corps mem-
bers: All participants were agreed that well-
developed orientation coxuves lasting from 8
to 6 months were a necessary part of prepa-
ration for oversea work. The content of such
courses should Include, among other things,
studies of the anthropology, sociology, sys-
tem of government, and general culture of
each country or area. Where possible, mlni-
mvan Icnowledge of the language should be
acquired. For some areas, where there is a
variety of dialects and no single national
language, the language teaching problem be-
comes complex If not impossible. Courses
are available, however, which develop basic
langxiage acquiring aptitude. Corps mem-
bers also need refresher training and the
development of common understandings of
the significance and meaning of American
culttire and government.

The period of orientation training was
viewed likewise as a device for final selection
of corps members. Part of the orientation
would be given in the United States and part
abroad In the country of assignment, with
participation, where possible, of local leaders
A transitional training and selection period
was discussed In a boot-camp context. The
boot camp could be either In sonte under-
developed area of the United States or in
some country like Puerto Rico.

10. The role of explc»^tion, planning, re-
search, and evaluation: It was generally
agreed that a program of the type contem-
plated can grow and improve only If con-
tinuous research and planning is devoted to
Isolating, analyzing, and taking action on
the problems and questions met. Program
additions, modifications, and extensions de-
pend upon such careful study and analysis
Scune of this study becomes meaningful only
as a body of experience is developed in which
failures, shortcomings, and successes In vari-
ous aspects of the program can be seen.

It was agreed also that continuous inde-
pendent evaluation of pilot projects and pro-
grams would be necessary to point the direc-
tion of future growth and to make necessary
readjustments.

11. Timing of the program: There was a
general understanding that while Congreaa
intended to legislate on this subject, bills
would not be Introduced tmtU the study by
Colorado State University was completed at
least in its first draft. Many participants
felt that public interest in the corps was
high enoiigh that detailed collateral studies
on such matters as selection, training, orien-
tation, and other aspects which require
considerable study, should be done simulta-
neously and on a voluntary basis by universi-
ties and other groups who have proper capa-
bility. The actual papers produced by these
research groups would be made available as
soon as possible to the Colorado State study
group.

It was considered that public and congres-
sional interest would demand a program to
be ready for initiation sometime in Septem-
ber of 1961. It was also assimied that con-
tinuing study by fotmdatlons and universi-
ties would be useful over a period of time
even during early stages of development and
operation of the Youth Corps. A topic which
could well be further explored would be the
relationship of university education to pre-
paring students for membership In the corps.
It was thought that Increased attention
should be given to supplying a pool of youth

.«>

448

CONGRESSIONAL RECORD — HOUSE

January 9

with raecMtful expcrl«noe umneaa tn tocti-
nteal oooparatton and eattarml acttTlUM
wlilcb ooakl b« drawn xipoo to »upf>lj par-
•onnel for UA. Ooreminent and ctttoar groupa
npamtng la the fcnlgn flckL Other oorpe
graduataa. bj retnmUnc to thdz homa oom-
mnnltlaa and taking up their chosen vooa-
tlona. would halp to promote wortd undar-

SPECIAIi ORDERS GRANTED

By unanimous consent, permission to
address the House, following the legisla-
tive program and any special orders
heretofore entered, was granted to:

Mr. Btokx of Massachusetts, for 1
hour, on January 16.

Mr. Moass, for 60 minutes, on January
16.

Mr. HAiKisoif of Wyoming (at the re-
quest of Mr. Nklsxn) , for 30 minutes, on
January 12.

Mr. SiKKs (at the request of Mr. Hagan
of Georgia), for 15 minutes, on Thurs-
day next.

Mr. Fuxw. for 30 minutes, today.

EXTENSION OP REMARKS

By unanimous consent, permission to
extend remarks In the Coitgrkssional
RscoM). or to revise and extend remarks,
was granted to:

Mr. Lamk In two instances and to in-
clude extraneous matter.

Mr. TOLL and to Include extraneous
matter.

Mr. Jnisiiv and to include extraneous
matter.

Mrs. Bolton and to include extrane-
ous matter.

Mr. Van Zandt in two instances and
to Indude extraneous matter.

Mr. McCoNiACK and to Include extra-
neous matter.

Mr. Aroxt.

Mr. McDoirotrcH and to include ex-
traneous matter.

(At the request of BCr. Haoan of Geor-
gia, and to include extraneous matter,
tbe following:)

Mr.AiTTnso.

Mr. FOGABTT.

ADJOURNMENT

Mr. HAGAN of Georgia. Mr. Speaker,
I move that the House do now adjourn.

The motion was agreed to.

Accordingly (at 12 o'clock and 44 min-
utes pjn.) the House, pursuant to its
previous order, adjourned until Thurs-
day, January 12, 1961, at 12 o'clock noon.

EXECUTIVE COMMUNICATIONS.
ETC.

Under clause 2 of rule XXTV. executive
communications were taken from the
Speaker's table and referred as follows:

336. A letter from the Comptroller Ocn-
eral of the United Statea, tranamlttlng a
report on the audit of the Federal Depoalt
Insiirance Corporation for the year ended
June 30, 1960 (H. Doc. No. 44): to the Com-
mittee on Oovernment Operations and or-
dered to be printed.

220. A letter from the Deputy Secretary of
Defenae, transmitting the Annual Report
of the Secretary of Defense on Reserve Forces
for fiscal year 1960, pxirsuant to section 279

fir'

of tttte 10. United SUtea Coda; to the Com.
mlttae on Annad Oeiilcea.

337. A letter from the Assistant Baeretary
of the Ifary (Personnal and Raaerve Rvoaa) ,
tranamlttlBg a draft ot propoaed le^Watlan
entitled "a bin to amend Utle 10. United
States Code, to prorlde that the Oaeitafy
of the NaTy shall prescribe the compensa-
tion of the academic dean of the Naval Poat-
gradiiate School**; to the Commlttae on
Armed Senrlces.

338. A letter from the Deputy Dlrectar.
Legislative Liaison, Department of the Air
Force, tranamlttlng a report of the Secretary
of the Air l^?rce on the progress of the flight
training program, pursuant to Public Law
870, 84th Oongreas; to the Committee on
Armed Scrrloes.

239. A letter from the Acting Assistant
Secretary of Defense (Supply and Logistics),
transmitting reports on Army, Navy, and Air
Force prime contract awards to small and
other buslnees firms during the month of
October 1960, pursuant to section 10(d) of
the Snuill Buslnese Act, as amended; to the
Committee on Banking and Currency.

330. A letter from the Chairman, Federal
Communications Commission, transmitting
the 3eth Annual Report of the Federal Com-
munications Conunlsslon for the fiscal year
1900; to the committee on Interstate and
Fcnrelgn CTonunerce.

231. A letter from the Chairman, Mderal
Power Commission, tranamlttlng the 40th
Annual Report of the Federal Power Com-
mission for the fiscal year ending June SO,
i960: to the Committee on Interstate and
Foreign Conunerce.

232. A letter from the Attorney General,
transmitting the report of the activities of
the Department of Jiutlce for the fiscal year
ended June 30, 1960; to the O^mmlttee on
the Judiciary.

233. A letter from the Chairman, Federal
Trade Commission, transmitting two drafts
of proposed legislation entitled "A bill to
amend section 7 of the CHayton Act to pro-
Tide for prior notification of certain merg-
ers." and "A bill to amend section 16 of the
Clayton Act to provide for temporary In-
junctions and restraining orders In merger
caws": to the Committee on the Judiciary.

234. A letter from the Assistant Adminis-
trator for Ciongresslonal Relations, National
Aeronautics and Space Administration,
transmitting a report covering poeltlona
established and compensated under author-
ity of section 1681. title 10. United States
Code, pursxiant to section 1683 of that title;
to the Committee on Post Ofllce and Civil
Service.

PUBLIC BILLS AND RESOLUTIONS

Under clause 4 of rule XXn. public
bills and resolutions were introduced and
severally referred as follows:

By Mr. ALGER:

H.R. 2200. A bill to amend the Internal
Revenue Code of 1954 so as to provide for
scheduled personal and corporate Income tax
reductions, and for other purpoaes; to the
Committee on Ways and Means.
By Mr. ASHLEY:

H.R. 3201. A bill to authorlae Federal fi-
nancial assistance to the States to be used
for constructing school facilities and to pro-
vide loans for the construction of private,
nonprofit elementary, and secondary school
facilities; to the Committee on Bducatlon
and Labor.

By Mr. ASPINALL:

H.R. 2203. A bill to redefine the authority
of the Secretary of the Interior and others
with respect to the formulation and evalua-
tion of projects for the development of the
Nation's water resources, to establish a Water
Resources Oommlsston, and for other pur-
poses; to the Committee on Intsrlor and In-
sular Affairs.

HJL 3306. A bUI to anthorln the Sacratstry
of the Intaricr to eadianga oartata ptopaity
In Rodcy Monntaln Watlnnal Park. Oolo.. and
for other purpoaea; to tte OiiiaiUIss on
Interior and Insular Aflain.

HJL 3304. A toiU to axtsnd ttaa thna In
which tlM Outdoor Becraatfcm nssii—ai
Revlaw Commlsslan shall submit Its final
raport; to the Oommlttea on Intarlor and
Insular Affairs.

HJl. 3206. A blU to amsod tha act of June
13, 1990; to the Oommlttea on the Judldary.

H.R. 2306. A bUl to anthorta* tha construc-
tion, operation, and maintenance by the
Secretary of the Interior of the FTylngpan-
Arkansas project, Colorado; to tha OoouBlt-
tea on Interior and Inanlar Affair*.
By Mr. CHSKOWSTH:

H.R. 2307. A bUl to anthortee tha con-
struction, operatloa, and maintenance by the
Secretary of the Interior of the Frylngpan-
Arkansas project, Colorado; to the Commit-
tee on Interior and Insular Affairs.
By Mr. ROOKRS of Colorado:

HJl. 2306. A bin to anthorlas the oonstrac-
tion. operation, and maintenance by the Sec-
retary of tha Interior of the Frylngpan-Ar-
kansas project, Ookrado; to tha Ooounlttee
on Interior and Insular Affaire.
By Mr. DOMUflCK:

HJt. 2209. A MU to authorise the comtnie-
tlon, operation, and malntenanee by the
Secretary of the Interior of the Frylngpan-
Arkansaa project, Colcrado; to the Commit-
tee on Interior and Insular Affairs.
By Mr. BAROtO:

H.R. 2210. A bill to create a U.S. Depart-
ment of Mineral Resources and to prescribe
the functions thereof: to tha Commlttae on
Government Operatlona.

HJt. 2211. A bill to permit the free mar-
keting of newly mined gold; to the Commlt-
tae on Banking and Currency.

HJl. 2212. A bill to permit tha free mar"
ketlng of gold, and for other purpoaes; to
the Committee on Banking and Currency.

HJl. 2213. A blU to amend section 21 of
the Second Liberty Bond Act to provide for
the retirement of the public debt; to the
Committee on Ways and Means.

HJl. 2214. A bill to increase tha normal
tax and surtax exemption, and the exemp-
tion for dependents, from 9000 to $800; to
the Committee on Ways and Means.

HJl. 2216. A blU to prohibit dlsertmlna-
tlon because of age tn the hiring and em-
ployment of persons by Oovernment contrac-
tors; to the Commlttae on the Judldary.
By Mr. BBCKJCK:

HJl. 2210. A bm to amend title n of the
Social Security Act to Increase the amount
of outside earnings permitted each year
without deductions from benefits there-
under; to the Committee on Ways and
Means.

By Mr. BOGOS:
H.R. 2217. A bill to amend the Internal
Revenue Code of 1954 with respect to the
Income tax treatment of property expropri-
ated, intervened In, or otherwise oonfiaeatad
by Cuba; to the Committee on Ways and
Means.

By Mr. CSDERBERG:
H Jt. 2318. A bUl prohibiting Uthographlnf
or engraving on envelopes sold by the Post
Office Department, and for other purposes:
to the Committee on Poet Office and Civil
Service.

H.R. 2210. A bill to provide for the issu-
ance of a special postage stamp In honor of
the Nation's pioneer lumberjacks with a
likeness of the L\imbermen's Memorial
Montmient in the Huron National Forest on
said stamp: to the Conunlttee on Post Office
and Civil Service.

HJl. 2320. A bUl to provide a different
bfwls for determining the amount of money
to ba made available to the State of Michi-
gan because of the location of national for-
est lands within such State, and for other
i; to the Oommlttea on Agriculture.

1961

CONGRESSIONAL RECX)RD — HOUSE

449

HJL 2231. A taUl to authoctas tta eotnaga
of iO-cant plaoaa la ooaunemoratton of the
Ifatloa% pionasr lumbermen: to the Com-
mlttaa on Banking and Currency.

HJLS22S. A blU to pravkls for tha eon-
Tayaaca to the State of Michigan ot certain
land in Grayling Township, Crawtocd
County, MUtk^ to ba naed for Mattonal
Guard purposaa; to tbm Committaa on
Armed Servloaa.

HJl. 2223. A bill to amend title n of t2ie
Social Security Act to Increase to $1300 a
year the amount of outside earnings per-
mltad without deductions from beneflts
tharaunder; to the Committee on Wsys and

HJl. 2224. A bill to amend tlUe II of the
Social SecTirlty Act to provide that an Indi-
vidual^ entitlement to dilld's Insurance
beneflts shall continue, after he attains age
18. for so long as he Is regularly attending
high achool; to the Committee on Ways and
Means.

HJl. 2339. A blU to require contractors
having certain contracts with the United
States to name their subcontractors, mate-
rial men. and supply men, to quote subcon-
tract and material and supply prices, and
for other purposes: to the Committee on the
Judiciary.

By Mr. CEXLXB:

HJl. 2236. A bUl to provide for the ap-
pointment of additional circuit and district
Judges, and for other prupoaes; to the Com-
mittee on the Judldary.
By Mr. CHSLT:

HJL 2227. A blU to •stabUah a program
of grants to States for the development of
programs and projects In the arts, and for
other purposes; to the Conunlttaa on Educa-
tion and Labor.

By Mrs. CHURCH:

HJL 2338. A blU to amend the LeglslaUve
Baorganlaatlon Act of 1948 to provide for
more effective evaluation of the fiscal re-
qulremfsnts of tha executive agencies of the
Govamment of the United Statea; to the
Committee on Rulea.

HJl. 2229. A bill to amend the Railroad Re-
tirament Act of 1937 to eliminate the re-
quirement that a husband or widower have
been dependent upMsn his wife in order to
qualify for a spouse's or widower's annuity on
the baals of her wage record: to the Com-
mittee on Interstate and Foreign Conunerce.

H.B. 2230. A bUl to amend the ClvU Serv-
ice Retirement Act to provide equality of
treatment with reapact to vrldows and wid-
owers under such act; to the Committee on
Post Office and Civil Service.

HJl. 2231. A hill to amend tltla n of the
Social Security Act so as to remove the limi-
tation upon the amount of outside Income
which an Individual may earn while receiving
benefits thereunder; to the Committee on
Ways and Means.

HJl. 2232. A bill to amend title n of the
Social Security Act to eliminate the require-
ment that a husband or widower has been
dependent upon his wife In order to qualify
for husband's or widower's Insurance bene-
fits on the baals of her wage record, and for
other purposes; to the Committee on Ways
and Means.

HJl. 2233. A bill to amend the Internal
Revenue Code of 19M with respect to the
treatment of certain water soluble oom-
pounds as cutting oUs; to the Commlttae on
Ways and Means.

ByMr. CRAMBt:

HH.32S4. A blU to amend title 28 of the
United States Code, so as to provide for the
appointment of two additional district Judges
for the southern district of Florida; to the
Committee on the Judldary.

By Mr. DAVIS of Tennessee :

RJt.2238. A blU to amend title 28
of tha United States Code, so as to provide
for the appointment of one additional dls-

cyn — 29

trtct Jud«s for the western district of
lyinnessss; to tha Committaa on the
Jodlclary.

By Mr. FLOCH):

HJL 2236. A bill to promote the redevelop-
ment of economlc.aUy depressed areas by es-
tahltatiing a Government corporation which
will provide a secondary market for Indus-
trial mortgages covering property in those
areas; to the Committee on Banking and
Currency.

By Mr. FINO:

HJl. 2237. A bUl to provide further bases
for determinations with respect to dis-
ability for pension purposes; to the Conunlt-
tee on Veterans' Affairs.
By Mr. FOGARTT:

HJl. 2238. A bUl to astabllah a FMeral
Commission on Aging; to the Conunlttee on
Education and Labor.
By Mr. GHAT:

HJL 2239. A bill to amend the Federal Coal
Mine Safety Act so as to provide further for
the prevention of accidents In coal mines;
to the Conunlttee on Education and Labor.
By Mrs. GREEN of Oregon:

HB. 2240. A bUl to provide an elected
mayor, city council, and nonvoting Delegate
to the House of Representatives for the
District of Columbia, and for other purposes:
to the Committee on the District of Oo-
liunbla.

By Mr. HEALEY:

HJft.2241. A bUl to amend chapter 79 of
Utle 10. United Stetes Code, to provide that
certain boards established thereunder shall
give consideration to satisfactory evidence
relating to good character and exemplary
conduct In civUlan life after discharge or
fllBmlKsal in determining whether or not to
correct certain discharges and dismissals;
to authorlza the award of an exemplary re-
habilitation oerttflcate; and for other pur-
poaes; to the Cranmlttee on Armed Sovloes.
By Mr. HtBBBT:

HJl. 2242. A bill to provide for the convey-
ance of certain real property of the United
States to the parish of Plaquemines, La.; to
the Committee on Armed Services.
ByMr. HERLONG:

HJl. 2243. A blU to amend chapter 79 of
title 10, united States Code, to provide that
certain boards established thereunder shall
give consideration to satisfactory evidence
relating to good character and exemplary
conduct in civilian life after discharge or dis-
missal In determining whether or not to
correct certain discharges or dismissals; to
authorize the avrard of an exemplary rehabili-
tation certificate; and for other purpoaes: to
the Committee on Armed Services.

HJl. 2244. A bill relating to the deduction
for Income tax purposes of contributions to
charitable organizations whose sole purpoee
is making distributions to other charitable
organizations, contributions to which by In-
dividuals are deductible vrtthln the 30-per-
cent limitation of adjusted gross Income; to
the Committee on Ways and Means.

HJl. 2245. A Mil to amend the Internal
Revenue Code of 1954 to provide for the de-
ferment of Income from service contracts; to
the Committee on W&yn and Means.
By Mr. HOLLAND:

H.R. 2246. A bUl to amend title 38. United
States Code, to provide for the payment of
pensions to veterans of World War 1; to the
Committee on Veterans' Affairs.

HJl. 2247. A biU to establish an effective
program to alleviate conditions of substan-
tial and persistent luiemployment and un-
deremployment in certain economically de-
pressed areas: to the Conunlttee on Banking
and Ciurency.

HJl. 2248. A bill to amend title n of the
Social Security Act to Increase benefits, to
Increase the earnings includible In comput-
ing beneflto, to eliminate age requirements
for spouse's beneflte. to reduce retirement
age (with full benefits for both men and
women) to 00, to Increase the outside earn-

ings permitted without deductions from
benefits, and for other pvuposas; to tha
Conunlttee on Ways and Means.

By Mr. JOHNSON of California:

H.a.2249. A bill to authorize the Secre-
tary of Agriculture to convey certain prop-
erty In the Stete of California to the county
of Trinity; to the Committee on Agriculture.

HJl. 2250. A bill to authorize and direct
the Secretary of Agriculture to convey cer-
tain lands In Lassen County. Calif., to the
city of Susanvllle. Calif.; to the Committee
on Agriculture.

By Mr. KSOGH:

HJl. 2251. A bUl to provide that certain
caps shall be dutiable under paragraph 1504
of the Tariff Act of 1930; to the Committee
on Ways and Means.
ByMr. LANS:

HJl. 2252. A bm to amend title 28, en-
titled "Judldary and Judicial Procedure," of
the United States Code to provide for the
defense of stilts against Federal employees
arising out of their operation of motor ve-
hldes In the scope of their employment, and
for other purpoaes; to the Conunlttee on tha
Judldary.

By Mr. LENNON:

HJl. 3253. A bin to authorize the payment
to local governments of sums in lieu of taxes
and si>ecial assessments with respect to cer-
tain Federal real property, and for oUier ptir-
posee; to the Committee on Interior and
Insular Affairs.

H.B. 2254. A bill to provide for the convey-
ance of certain surplus proi>erty of the
United States to Cumberland County,
N.C; to the Committee on Oovernment
Operations.

HJl. 2255. A bin to amend the act of Au-
gust 11, 1939, with respect to the allocation of
fimds available under that act. and for other
purpoaes; to the Committee on Merdiant
Marine and Fisheries.

HJl. 2258. A biU to amend the Internal
Revenue Code of 1954 to provide that the
tax on cigarettes shall apply to clgarettea
made with substitutes for tobacco; to tha
Committee on Ways and Means.
By Mr. LIPSCOMB :

HJl. 2257. A bill to provide for the estab-
lishment of a Commission on Federal Taxa-
tion; to the Committee on Ways and Means.
By Mr. McINTIRB:

H.R. 2288. A bill to adjust the amount of
fimds available for farm operating loans
made pursuant to section 21 (b) of the Bank-
head-Jones Farm Tenant Act. as amended;
to the Cc«nmlttee on Agriculture.

HJl. 2289. A bill to provide a program of
tax adjustment for small business and for
persons engaged in small buslnees; to the
Committee on Ways and Means.

H.R. 2200. A bin to prohibit trading In
Irish potato fut\ures on commodity ex-
changes; to the Committee on Agriculture.
By BCr. MAHON:

HJl. 2281. A MU to exercise the full con-
stitutional power of the Federal Govern-
ment with respect to trademarks, to fulfill
certain International obligations, and to
make further provision for the suppression
of unfair competition In conunerce subject
to lawful regulation by the Congress; to the
Committee on the Judiciary.
By Mr. CLEM MILLER:

HJl. 2362. A bUl to amend section 322 of
the Public Health Service Act to permit cer-
tain owners of fishing boata to receive medi-
cal care and hospitalisation without charge
at hospitals of the Public Health Service: to
the Committee on Interstate and Foreign
Commerce.

H.R. 2263. A biU to establish a Federal
Recreation Service in the Dep«utment of
Health, Bducatlon, and Welfare, and for
other purposes; to the Committaa oi: Edu-
cation and Labor.

By Mr. MOELLER:

H.R. 2264. A bill to provide for the acqui-
sition or construction of a building to be
used as a residence for pages of the Senate

450

CONGRESSIONAL RECORD — HOUSE

Jantmry 9

and of the House of Representatives, for a
Capitol Pages' Residence Board, and for
other purposes; to the Committee on House
Administration.

HJl. 2266. A bill to establish an elTeotlTe
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremplojrment in certain economically de-
pressed areas: to the Committee on Banking
and Currency.

H Jt. 3206. A bill to eliminate the require-
ment that veterans must have served for 90
days or more to qualify for certain benefits
under laws administered by the Veterans'
Administration; to the Committee on Veter-
ans' Affairs.

.HJl. 2267. A bill to create and prescribe
the functions of a national peace agency;
to the Comralttee on Foreign Affairs.
By Mr. MORRIS:
HJl. 2268. A bill to provide for the ap-
pointment of an additional district Judge
for the district of New Mexico; to the Com-
mittee on the Judiciary.
By Mr. NELSEN:
HJt. 2269. A bill to amend the Internal
Revenue Code of 1964 to provide that an
individual may deduct amounts paid for
tuition, fees, and books to certain public
and private Institutions of higher education
for his education or the education of his
spouse or any of his dependents; to the
Committer on Ways and Means.
By Mr. NYOAARD :
H.R. 2270. A bill to authorize the Secre-
tary of the Interior to provide water and
sewage disposal facilities to the Medora area
adjoining the Theodore Roosevelt National
Memorial Park. N. Dak., and fcM- other pur-
poses; to the Committee on Interior and
Insular Affairs.

HJt. 2271. A bill to make certain provi-
sions In connection with the construction of
the Garrison diversion unit, Missouri River
Basin project, by the Secretary of the Inte-
rior; to the Committee on Interior and Insu-
lar Affairs.

ByMr.OLSEN:
H Ji. 2272. A bUl to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and im-
deremployment in certain economically de-
pressed areas; to the Committee on Banking
and Currency.

ByMr. CNKn^.-
HR. 2273. A bill to authorise appropria-
tions for the purpose of equitably reimbiu-s-
Ing the States for certain free and toll roads
on the National System of Interstate and
Defense Highways, and for other purposes;
to the Committee on Public Works.

HH. 2274. A bill to amend the Bankruptcy
Act to increase the amount of wages entitled
to priority to 91.800 and to provide that pen-
sion and welfare benefits earned by an em-
ployee shall have the same priority as direct
wages; to the Committee on the Judiciary.
By Mr. POWELL:
HJl. 2276. A biU to establish a program of
grants to States for the development of pro-
grams and projects in the arts, and for other
purposes; to the Committee on Education
and Labor.

H.R. 2276. A bill to amend the Public
Buildings Act of 1969 so as to authorize a
study for the purpose of determining the
feasibility of locating the Court of Claims,
the Court of Customs and Patent Appeals,
and the Tax Court of the United States near
the Supreme Court of the United States, and
lor other purposes; to the Committee on
Public Works.

By Mr. RHODES of Ariaona:
HH. 2277. A bill to provide for the con-
veyance of certain real property of the
United States to the city of Phoenix, Ariz.;
to the Committee on Government Opera-
tions.

By Mr. RHODES of Pennsylvania:
H.R. 2278. A bill to amend title n of the
Social Security Act to provide that full

benefits (when based upon the attainment
of retirement age) will be payable to men at
age 62 and to women at age 60; to the
Committee ou Ways and Means.

By Mr. RIVERS of Alaska (by re-
quest) :
HJl. 2279. A bill to provide for the with-
drawal from the public domain of certain
lands in the Oranlte Creek area, Alaska, for
tise by the Department of the Army at Fort
Oreely, Alaska, and for other purposes; to
the Committee on Interior and Insular Af-
fairs.

HJR. 2280. A bill to provide for the with-
drawal of certain public lands 40 miles east
of Fairbanks, Alaska, for use by the De-
partmeht of the Army as a Nike range; to
the Committee on Interior and Insular
Affairs.

. H.R. 2281. A bill to reserve for use by the
Department of the Army at Fort Richard-
son, Alaska, certain public lands In the
Campbell Creek area, and for other pur-
poses; to the Committee on Interior and In-
sular Affairs.

H.R. 2282. A bill to provide for the with-
drawal from the public domain of certain
lands in the Ladd-Elelson area, Alaska, for
use by the Department of the Army as the
Yukon Command training site. Alaska, and
for other purposes; to the Committee on
Interior and Insular Affairs.

H.R. 2283. A bill to provide for the with-
drawal from the public domain of certain
lands in the Big Delta area, Alaska, for con-
tinued use by the Dei>artment of the Army
at Fort Oreely, and for other purposes; to
the Committee on Interior and Insular
Affairs.

By Mr. ROGERS of Florida:
Hit. 2284. A bill to amend the Internal
Revenue Code of 1954 to allow income tax
deductions for certain payments made and
expenses incurred in providing or securing
higher education; to the Committee on Ways
and Means.

By Mr. ROONEY:
HJt. 2286. A bill to authorize appropria-
tions for the Federal-aid primary system of
highways for the purpose of equitably re-
imbursing the States for certain free and toll
roads on the National System of Interstate
and Defense Highways, and for other pur-
poses; to the Committee on Public Works.
By Mr. SATLC«:
H.R. 2286. A bill to amend the Federal
Coal Mine Safety Act so as to provide for the
prevention of accidents In coal mines; to the
Committee on Education and Labor.

HJl. 2287. A blU to redefine the authority
of the Secretary of the Interior and others
with respect to the formulation and evalu-
ation of projecta for the development of the
Nation's water resources, to establish water
resources commissions, and for other pur-
poses; to the Committee on IntericM- and In-
sular Affairs.

By Mr. SCHNEEBELI:
H.R. 2288. A bill to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremployment In certain economically de-
pressed areas; to the Committee on Banking
and Currency.

By Mr. SCHWENGEL:
HJl. 2289. A bill to encourage the estab-
lishment of voluntary pension plans by self-
employed Individuals; to the Committee on
Ways and Means.

By Mr. SHELLEY:
HJl. 2290. A bin to equalize the pay of
retired members of the uniformed services;
to the Committee on Armed Services.

HJl. 2291. A bill to amend sections 602(d)
and 509 of the Merchant Marine Act of 1936,
relating to approval of certain bids by Pa-
cific coast shipbuilders; to the Committee on
Merchant Marine and Fisheries.

H.R. 2292. A bill to authorize the Secretary
of the Treasury to issue certificates of honor-
able discharge in lieu of certificates of dlsen-
roUment to certain persons who served as

temporary members of the U.S. Coast Guard
Reserve during World War 11; to the Com-
mittee on Merchant Marine and Fisheries.

HJl. 2203. A bill to provide that the un-
married children of certain former members
of the Armed Forces of the United States
or of the Philippine Scouta may be admitted
to the United States as nonquota Immi-
granta, during a 2-year period, without re-
gard to their age; to the Committee on the
Judiciary.

HJl. 2294. A bill to accord certain nat-
uralization privileges to veterans of the Ko-
rean hostilities; to the Committee on the
Judiciary.

By Mr. 8H<»T:

HJl. 2296. A bill to authorize the Secretary
of the Interior to provide water and sewage
disposal facilities to the Medora area ad-
joining the Theodore Roosevelt National Me-
morial Park. N. Dak., and for other purposes;
to the Committee on Interior and Insular
Affairs.

HA. 2296. A bill to make c«rUin pro-
visions in connection with the construction
of the Garrison diversion unit, Missouri
River Basin project, by the Secretary of the
Interior; to the Committee on Interior and
Insular Affairs.

By Mr. SILER :

HJl. 2297. A bill to prohibit the trans-
portation in interstate commerce of adver-
tisementa of alcoholic beverages, and for
other purposes; to the Committee on Inter-
state and Foreign Commerce.

HJl. 2298. A bill to amend title n of the
Social Security Act to provide that full bene-
fita (when based upon the attainment of re-
tirement age) will be payable to both men
and women at age 60; to the Committee on
Ways and Means.

H.R. 2299. A bill to authorize the Secretary
of the Army to modify certain leases entered
into for the provision of recreation facilities
in reservoir areas; to the Committee on Public
Works.

HJl. 2300. A bill to establish quota limita-
tions on importa of foreign residual fuel oil;
to the Committee on Ways and Means.

HJl. 2301. A bUl to amend the Internal
Revenue Code of 1964 to Impose an Import
tax on natural gas; to the Committee on Ways
and Means.

By Mr. SMITH of Calif omU:

H.R. 2302. A bill to provide penalties for
membership in the Communist Party, and to
permit the compelling of testimony relating
to such membership and the granting of im-
munity from prosecution in connection
therewith; to the Committee on Un-Ameri-
can Activities.

H.R. 2303. A biU to repeal the excise tax
on amounte paid for conmiunicatlon serv-
ices or facilities; to the Committee on Ways
and Means.

By Mr. SMITH of Mississippi:

HJt. 2304. A bUl to amend the Veterans'
Benefita Act of 1967 to provide that the
Veterans' Administration shall not sever
service connection of any veteran's disability
when he has been in receipt of compensa-
tion for 10 or more years, and for other
purposes; to the Committee on Veterans'
Affairs.

HJl. 2306. A bill to permit the exchange
between farms in the same county of cotton
acreage allotment for rice acreage allot-
ment: to the Committee on Agriculture.

H.R 2306. A bUl to amend the Civil Serv-
ice Retirement Act to provide retirement
credit for periods of sick leave; to the Com-
mittee on Poet Office and Civil Service.

H.R. 2307. A bill to require that aU pieces
of third-class matter mailed in bulk shall
bear the sender's pledge to pay return post-
age at the current per-plece charge; to the
Committee on Poet Office and Civil Service.
H.R. 2308. A bin to amend the Ship Mort-
gage Act. 1920. with respect to ite applicabil-
ity to certain vessels; to the Committee on
Merchant Marine and Fisheries.

1961

CONGRESSIONAL RECORD — HOUSE

451

HJLa»09. A taiU to amend section 303 of
the Federal Property and Administrative
Services Act of 1949 to provide for the dona-
tion of sm-plus property to public Ubrariea
which are tax supportad in whole or in
part; to the Oommlttee on Govtrament
Operations.

HJL 2810. A bill to provide certain letlre-
ment beoaflto for certain widows of former
Government civilian employees who died on
or after February 29, 1948, and prior to
October 1, 1956. and for other purposes; to
the Committee on Post Office and Civil
Service.

Hll.2311. A biU to provide that a manu-
facturer or producer of nonbeverage prod-
ucta containing distilled spirits shall not be
required to pay the tax imposed on such
splrlU by section 5001 of the Internal Reve-
nue Code of 1964 If he is appropriately
licensed and bonded, and for other purposes;
to the Conunlttee on Ways and Meana.

HJl. 2312. A bill to amend Utle n of the
Social Security Act to eliminate certain re-
strictions on the crediting of self-employ-
ment Income for old-age, siurvlvors, and dis-
ability insurance purposes, so as to permit
such Income to be retroactively credited
(upon payment of tax) to tiie same extent as
wages: to the Committee on Ways and Means.
H.R. 2313. A bill to repeal the manufac-
turers' excise tax on rebuilt automotive parts
and accessories; to the Committee on Ways
and Means.

H.R. 2314. A bill to provide for the retire-
ment of the public debt In amounto which
reflect anntial increases in the gross national
product; to the Committee on Ways and
Means.

HB. 2S18. A bill to deem teachers in the
State of lIlBslSBlppl to be employees of such
State for purposes of title n of the Social
Security Act; to the Oommlttee on Ways and

HH. 3316. A bill to amend the Internal
Bevenue Odds ot 1954 with respect to the
validity of a lien for taxes as against a
mechanic's lien; to the Committee on Ways
and Means.

HJl. 2317. A bill to amexMl the Internal
Revenue Code of 1964 to provide an exemp-
tion from tfie conununlcatlons and trans-
portation taxes for amounte paid by non-
profit bospltala; to the Committee on Ways
and Means.

HA. 2318. A biU to amend the I>Mknl
Property and AdnUnistratlve Services Act o*
1949 so as to permit donations of surplus
property to certain educational Institutions;
to the Committee on Government Operations.

HJl. 2319. A bill to amend section 202 ot
the Social Security Act to permit certain
beneficiaries of an Insured individual to meet
the applicable proof-of-support requlre-
menta even though such individual was un-
able by reason of lllnaas or injury to provide
such support during a period ending with his
death; to the Committee on Ways and
Means.

HJt. 2330. A bin to amend title I ol the
Federal-Aid Highway Act <rf 1956 to provide
that the Secretary of the Interlca- ahall ap-
prove the acquisition of certain la^Ms of
national historical significance, or Interesta
therein, for highway pwposes; to the Com-
mittee on Public Works.

HA. 2331. A bill to amend the Agricultural
Act c€ 1966 (70 Stat. 303), to provide dona-
tions q€ surplus food commodities to State
and local penal Instttutlons; to the Commit-
tee on Agriculture.

HJl. 2823. A blU to amend the Armed
Forces I^ave Act of 1946. to provide that
membov of the Armed Forces shaU be
granted leave upon the critical illness or
death ot a close relative; to the CXimmlt-
tee on Armed Services.

By Mr. STRATTON:

HA. aS38. A MU to prohibit advertising In
tfXDBmnm ot articles produced In the Soviet

Zone of Germany unless Uie advertisement
clearly states that fact; to the Oommlttee on
Interstate and Foreign Commerce.

HA. 3324. A bill to provide for uniXom
aimual observances of certain national holi-
days aa M<MidayB; to the Oatnmlttee on the
Judiciary.

By Mr. THOMPSON of Texas:
HA. 3336. A blU to authorise the Secretary
of the Interior to construct, operate, and
maintain the Columbus Bend project, l^zaa;
to the Oommlttee aa Interior and Insular
Affairs.

By Mr. VAN ZANDT:
HA. 3326. A biU to provide for the estab-
lishment of national cemeteries in the Com-
monwealth of Pennsylvania; to the Commit-
tee on Interior and Insular Affairs.

HA. 3327. A blU to amend the Federal
Property and Administrative Services Act of
1949 to permit donations of surplus property
to volunteer flre-fightlng organizations, and
for other piuposes; to the Conunlttee on
Government Operations.

By Mr. WESTLAND:
HA. 2S28. A bUl to amend secttan 1553.
title 10, United States Code, and section 301
of the Servicemen's Readjustment Act of
1944 to provide that the Board for the Cor-
rection of Military or Naval Records and the
Boards of Review, Dischargee, and Dismis-
sals shall give consideration to satisfactary
evidence relating to good character and ex-
en:4>lary conduct in civilian life after dis-
charge, or dismissal in determining whether
or not to correct certain discharges and dis-
missals: to authorize the award of an ex-
emplary rehabUltation certificate; and for
other purposes; to the Committee on Armed
Services.

HA. 2339. A bill to acquire lands to con-
struct an approach road Into the Ozette
Lake region in the Olympic National Park in
the State of Washington, and for other pw-
poses; to the Committee on Interior and
Inwilar Affairs.

By Mr. WHAUiEY:
HA.2SS0. A blU to establish an effective
program to alleviate conditions of substan-
tial and persistent unemployment and un-
deremployment In certain economically de-
pressed areas; to the Committee on "*"""e
and Cvurency.

By Mr. McOCAMACK:
H.J.BeB. 110. Joint reeoluticm estabUshlng
a George Washington Carver CocnmemoraUve
Commission; to the Committee on the
Judiciary.

By Mr. HEALEY:
HJ^. Res. ill. Joint rescdutlon authorldng
Federal participation In the New York
World's Fair; to the Committee on Foreign
Affairs.

By Mr. JENSEN:
H.J. Bee. 112. Joint resolution to Improve
farm Income for producers of wheat, oom,
oato, rye, barley, grain aarghum« soybeans,
and flaxseed, by establishing a payment-in-
klnd program and increasing the resale price
of surplus Government stocks of such com-
nwxlltles; to the Committee on Agriculture.
H.J.Bes. 113. Joint resolution establishing
a George Washington Carver Commenuirative
OommlssUnn; to the Committee on the
Judiciary.

By Mr. SHELLEY:
HJ. Bee. 114. Joint reeolutlon to authorlae
the reimbursement of not more than two
employees In the office ot each Member of
the House of Representatives for travel to
the Memlier's congressional district, and to
authorise payment of additional mileage al-
lowance for Members of the House of Aq>-
resentatives; to the Committee on House
Administration.

By Mr. SMITH of California:
"KJ. Bee. 115. Joint resolution calling upon
the motion picture industry to take appro-
priate action to make certain that no dam-

age will be done to the foreign relations of

the United States by the showing in foreign
countries of movies which miarspreeent our
Nation or It* people; to the Committee on
Foreign Affairs.

By Mr. SMITH of liOsslsslppi:

H J. Res. 116. Joint resolution proposing an
amendment to the Constitution of the
United States providing for the election of
President and Vice President; to the Com-
nilttee on the Judiciary.

By Mr. STRATTON:

H J. Res. 117. Joint resolution authorising
and requesting the President to issue a proc-
lamation designating the first Sxmday in the
month of October as National ChUdren'a
Day; to the Committee on the Judiciary
By Mr. BARING:

H. Con. Res. 52. Concurrent resolution ex-
pressing the sense of the Congress with re-
spect to a program for paying the national
debt; to the Committee on Ways and Means.
By Mr. CLARK:

H. Con. Res. 63. Concurrent resolution de-
claring the sense of Congress on the use of
a Great White Fleet In support of American
foreign poUcy; to the Committee on Anned
Services.

By Mr. LANE:
H. Con. Res. 64. Concurrent resolution de-
claring the sense of the Congress that no
further reductions In tariff be made during
the life of the present Reciprocal TVade
Agreements Act; to the C<sxmilttee on Ways
and Means.

By Mr. O'HARA of Illinois:
H. Con. Res. 65. Concurrent resolution de-
claring the sense of Congress cm the xise of
a Great White Fleet In stqiport of American
foreign ptOlcy; to the Committee cc Armed
Services.

By Mr. SLACK:
H. Con. Res. 56. Conctirrent reeolutlon to
create a Joint Committee on a National
Fuels Study; to the Committee on Rules.
By Mr. VAN ZANDT:
H. Con. Res. 67. Concurrent resolution de-
claring the sense of the Congress that no
further reductions in tariffs be made during
the life of the present Rec^jrocal IVade
Agreemente Act; to the Committee on Ways
and Means.

By Mr. ASPINALL:
H. Res. 91. Resolution authorising the
printing as a House document certain ma-
terial relating to the Frylngpan-Arkansas
project; to the Committee on House Admin-
istration.

H. Res. 92. Resolution to authorize the
Committee on Interior and Tnniiar Affairs
to make Investigations into any matter
within ite Jurisdiction, and for other pur-
poses; to the Committee on Rules.
By Mr. BARING:
H. Res. 93. Resolution expressing the sense
of the House of Representatives with respect
to the administration by the Secretary of
Commerce of the Federal-aid highway pro-
gram; to the Committee on Public Works.
ByMr. COOLEY:
H. Res. 94. Resolution to provide funds for
the expense of studies and Investtgattons au-
thorized by House Resolution 86; to the Com-
mittee on House Administration.
By Mr. SAYLOB:
H. Bea.95. Reeolutlon to authorise the
Committee on Interstate and Foreign Oom-
merce to conduct an Investigation and study
of the social and economic problems engen-
dered by parenthood outside of wedlock, and
of ways In which the growing bivdens It
Imposes on all levels of government may be
mitigated; to the Ccxnmlttee on Rulea.
By Mi. SMITH of California:
H. Res. 96. Resolution expressing tiie sense
of the House at Repreeentativee that the
President should call a Whfte Baoat Confer-
ence on Narootlca; to the Oommlttee on the
Judiciary.

452

CONGRESSIONAL RECORD — HOUSE

January 9

PRIVATE Bnjfl AND RESOLUTIONS

Under clause 1 of rule XXn, private
bills and resolutions were introduced and
severally referred as follows:

By Mr. ASPINALL:

HJl.23ai. A bill for the relief of Peggy
lioene Morrison; to the Committee on the
Judiciary.

ByMr. BARINO:

VLB.. 2332. A bill for the relief of Orlando
Oonflantlnl; to the Committee on the Ju-
diciary.

HJt. 2333. A bill for the relief of Ylck T.
Jew; to the Committee on the Judiciary.
ByMr. BOOOS:

HJl. 2334. A bill for the relief of Washing-
ton Ocorge Brodber Bryan; to the Committee
on the Judiciary.

By Mr. BOLLINQ:

HJt. 2336. A bill for the reUef of Ruben N.
and Dorothy A. Bergendoff; to the Commit-
tee on the Judiciary.

By Mr. BUCKLCT:

HJt. 2336. A bill for the relief of Clara
Betello Franca; to the Committee on the
Judiciary.

By Mrs. CHURCH:

HJt. 2337. A bill for the relief of Maria
Stella Todaro; to the Committee on the Ju-
diciary.

HJt. 2338. A blU for the relief of Kalno
Knuuttlla; to the Committee on the Judici-
ary.

HJt. 2339. A bUl for the relief of Miss
Kamlla Wlerzblcka; to the Committee on the
Judiciary.

By Mr. DADDARJO:

HJt. 2340. A biU for the relief of Mrs.
Xmllle Oerber; to the Committee on the
Judiciary.

HJt. 2341. A bill for the reUef of Mrs.
Lulgla Lenardon De Carll; to the Committee
on the Judiciary.

H.R. 2342. A bUl for the relief of Esther
Boghoe Oflazlan; to the Committee on the
Judiciary.

HJt. 2343. A bill to waive any claims of
the United States for the repayment of loans
made by the Department of State to Harry
H. Thomas and Jeanne A. Thomas; to the
Committee on the Judiciary.
By Mr. FINO:

HJt. 2844. A bill for the relief of Theresa
Del Vecchio ClpoUone; to the Committee on
the Judiciary.

HJt. 284S. A bUI for the relief of Perrucelo
Sclfo; to the Committee on the Judiciary.

H.R. 284«. A bUl tat the reUef of Maria
Cascarino; to the Committee on the Judi-
ciary.

H.R. 2347. A bill for the relief of Marlene
E. Belfast; to the Conunlttee on the Judi-
ciary.

HJt. 2348. A bill for the relief of Caterlna
ButtsKt PetruBBl; to the Committee on the
Juditiary.

HJt. 2349. A bUl for the relief of Zaharoula
Vasllakos; to the Committee on the Judi-
ciary.

H.R. 2360. A bill for the relief of Marlja
Toic; to the Committee on the Judiciary.
By Mrs. GRIFFITHS:
HR. 2361. A bill for the relief of Hans
Hangartner; to the Committee on the Judi-
ciary.

By Mr. U^BKKT:
H.R. 2362. A bill for the relief of Gregory
J. Bruno; to the Committee on the Ju-
diciary.

By Mr. HERLONO:
H.R. 2363. A bill fcNr the relief of Jonathan
Barnes and his sister, Caroline Barnes; to
the Committee on the Judiciary.

H.R. 2354. A bill for the relief of Mr. Louis
Fischer, Feger Seafoods, and Mr. and Mrs.
Thomas R. Stuart; to the Committee on the
Judiciary.

By Mr. HUDDLE8TON:
HR. 2366. A bill for the relief of Nicholas
Podlas; to the Committee on the Judiciary.
By Mr. INOUTB:
HR. 3366. A biU for the reUef of Mrs. Ryo
H. Tokoyama; to the Committee on the Ju-
diciary.

HR. 2357. A bill for the relief of Elshln
Tamanaha; to the Committee on the Ju-
diciary.

H.R. 2358. A bill for the relief of Ous Nlhoa;
to the Committee on the Judiciary.

H.R. 2369. A bill to confer jiirlsdlctlon upon
the U.S. District Court for the District of
Hawaii to hear, determine, and render Judg-
ment upon a certain claim of the Walmea
Ranch Hotel, Ltd.; to the Committee on the
Judiciary.

HJt. 2360. A blU for the relief of Mrs. Tome
Takamoto; to the Committee on the Ju-
diciary.

By Mr. McCORMACK:
H.R. 2361. A bill relaUng to the effective
date of ttw qualification of Plumbers Union

Local No. 12 pension fund aa a qxiallfled
trust under section 401(a) of the Internal
Revenue Code of 1964; to the Committee on
Ways and Means.

By Mr. McDONOUOH:

H.R. 3362. A bUl for the relief of Mlra Ko-
vac; to the Committee on the Judiciary.

H.R. 2363. A bill for the relief of Dr. Kamel
Said Michel Baladl; to the Committee on the
Judiciary.

By Mr. MURPHT:

H.R.2S64. A bill tot the relief of Wilhel-
mlne Jandrlslts (Serra); to the Committee
on the Judiciary.

H.R 2365. A bill for the relief of Marlja
Matljevlc; to the Committee on the Judi-
ciary.

ByMr. O'NKILL:

H.R. 2366. A bill for the relief of Chu Shu
Wong; to the Committee on the Judiciary.
By Mr. RHODES of Arizona:

HR. 2367. A bill for the relief of Kevork
(Aaoyan) Sarkisslan (also known as KeHar
Ananlan); to the Coramlttee on the Judici-
ary.

ByMr. 8CHENCK:

HJt. 2368. A bill for the relief of VajaUlkl
Caperonl; to the Committee on the Judiciary
By Mr. SCHWENGXL:

H.R. 2S6B. A bUl for the relief of Vlnceoeo
Gangeml; to the Committee on the Judiciary.
By Mr. SMITH of California:

HR. 2370. A bill for the relief of Clyde
E. Harwell; to the Committee on the Ju-
diciary.

HJt. 2371. A bill for the reUef of AU Kbos-
rowkhah; to the Conunlttee on the Ju-
diciary.

HJt. 2372. A bill for the reUef of George
Edward Barnhart; to the Committee on the
Judiciary.

By Mr. WHARTON:

HJt. 2373. A bill for the relief o# Doroteja
Koeich; to the C<Hnmlttee on the Judiciary.

HJt. 2374. A bill for the relief of Francesco
Aiello; to the Committee on the Judiciary.

PETITIONS. ETC.
Under clause 1 of rule XXII,

30. Mr. SEELT-BROWN presented a peti-
tion of resident of Norwich, Conn. In oppoal-
tion to pay television, which was refetred
to the Committee on Interstate and Foreign
Conunerce.

EXTENSIONS OF REMARKS

Watkinfton Report

EXTENSION OP REMARKS
or

HON. BRUCE ALGER

or TKXAS

IN THE HOUSE OF REPRESENTATIVES

_ Mcmdav. January 9, 1961

Mr. AliQER. Mr. Speaker, under
leave to extend my remarks In the Rec-
ord, I include the following:

WASHDtOTON RBPOBT

(By Congressman Bkttcb Aloxk. Fifth
District, Texas, January 7, 1961)
The Lord's Prayer in xmison and call of
the roll of House Membors by State started
the 87th Congress. Then Sam Ratbukn,
Texas Foiuth District, was reelected Speaker
for the 10th time (over Chaxux Hallkck of
Indiana, the Republican's choice). The
Speaker'^ election, by a straight party line
vote. Is the moat Important vote cast In the
2-year session, since It establishes the or-
ganization at Congress. Besides choosing a

speaker, this vote places either the Repul}-
lican OT Democratic Party In control of the
legislative activity, the committee chairmen
and the majority of members on each com-
mittee being of that party.

The 87th Congress totals 437 Members, 262
Democrats (86th Congress, 383), 174 Repub-
licans (seth, 168), 1 Member not seated.
Democrats objected to seating one Republi-
can; Republicans objected to seating two
Democrats. The Democrats were seated. It
Is important for cltiaens to understand the
organization of Congress, to realize who the
committee chairmen and committee mem-
!>er8 are, to know the legislative procedures
of our country. Then it will be realized
that elections are not popularity, personal-
ity or charm contests really, but a selection
of people whose views will be embodied in
the legislation that then affects the lives of
everyone. It should be no surprise that a
liberal chairman will program and push only
the liberal legislation. A Congressman's
only commitment is the oath he takes to
defend and support the Constitution.

The Rules Committee "purge" controversy
serves to remind all Americans of the Im-
portance of rules of procedure in govern-

ment. Only through equitable rules, fairly
administered, can a republic in a democraey
flourish. Rules protect the minority groups
most of all, rightly protecting them from
being unfairly trampled by the majority.
Indeed, our Government is nothing but rules
of procedure. The present Rules Committee
controversy has been labeled a phony or
smokescreen Issue because under House pro-
cedures the Rules Committee now can be
bypassed by the House through the proce-
dure known as Calendar Wedneeday. (Ex-
ample: Rules Committee bypassed last year
in the depressed areas bill.) The real Issue,
and very dangerous, is the aim of liberals to
gain further control of the Rules Committee
so that the legislation programed before
Congress can be presented when they ehooae
under a closed rule. This rule limits House
debate on the merits of a bill and prevents
any amendments being offered. So the leg-
islation presented cannot be changed (or
possibly even understood owing to limited
debate).

Dick Nixon's unique task wa* presiding
over a Joint session of Congress for the
reading of the electoral vote. His fareweU
remarks were Linoolnesque in ^'haractw and

1961

CONGRESSIONAL RECORD — HOUSE

deeply moved the assembled Congressmen,
bringing them to a long, standing ovation.
Legislation now In the forefront is the
Ave point Kennedy package: (1) Aid to
education. Federal grants for school construc-
tion and teachers' salaries; (2) aid to de-
pressed areas. Federal grants to communi-
ties stifferlng unemployment; (3) medical
care for the aged as a part of the social
secxuity program; (4) more Federal public
housing: (6) increase the minimum wage
to •1.35 per hour. The 86th Congress held
firm against these bills. This legislation and
many other welfare schemes stand an ex-
cellent chance of passage, limited only by
whatever dampening effects shortage of
money may cause. We are faced with an
extremely liberal administration and only
slightly less liberal (if at all) congressional
Democratic leadership. Ttie mlsxinderstand-
Ing of basic economics by the Kennedy
forces Is best Ehown now by their considera-
tion of greatly increased Federal expenditures
on public works, the old "made work" phi-
losophy of Federal Job provision, and simul-
taneously a tax cut to stimulate business.

The gap between income and outgo Is the
danger — spelled "Inflation" or cheapening of
our money. As lees money comes In through
taxes because of recession, we increase Fed-
eral spending — then further cut Government
income by cutting taxes, in short, a formula
for bankruptcy. An interesting sldenote
here is the recognition of the fact that a
tax cut will stimulate business. Since this
is so, then why wait for recessions or hard
times (which liigh taxes can help bring on)
to cut taxes? Why not cut them even in
good times and the increasing prosperity
wlU Increase tax revenues to Uncle Samf
The key to Federal governmental success —
and the one liberals or radicals shiin. Is re-
duced Federal expenditures in welfare boon-
doggle or wasteftU programs. Reduced
spending will permit reduced debt, reduced
taxes, a stable currency, a sounder Govern-
ment, reinforcing individual, local, and State
rights. To this program I dedicate my efforts.
This year, as always, I shall endeavor to
Inform my constituents — by questionnaire,
weekly newsletter (sent to anyone on re-
quest), weekly radio broadcast, Sunday,
KLIF, and weekly television, Sunday,
W FAA-TV. Otir best Government will result
only from an Informed electorate and respon-
sive, responsible Congreesmen.

ventions, and earned the grateful afTec-
tion of millions. His was an unselfish, a
generous, a noble success. He was' a
man of outstanding humility and sim-
plicity, dedicated to the ideals of pure
science, to the practical values of ap-
plied science, to the demands of human
needs, and to a dedicated Christian serv-
ice. Our country owes to this man and
to his memory a debt we can never hope
to repay, and it is most fitting that we
hold him up to be honored and emulated
by every American citizen.

Needed: A Study of the Great Lakes
Water Level

Tribatc to George Waskkfton Carrcr
EXTENSION OF REMARKS

OF

HON. HERMAN TOLL

or PSMKBTLVANIA

IN THB HOUSK OF REPRESSMTATTVES

Monday. January 9. 1961

Mr. TOLL. Mr. Speaker, today, Janu-
ary 9. 1961, a resolution (H.J. Res. 110)
looking toward the establishment of a
memorial to a great American, George
Washington Carver, was passed by the
House of Representatives. I cannot let
the occasion pass without expressing my
personal gratification that the House has
united to do honor, spontaneously and
without objection, to the memory of a
man whose name stands proudly for all
we most value in America.

George Washington Carver rose from
poverty and obscurity, conquerlngr the
handicaps imposed by our society upon
one of his race, and achieved fame, con-
ferred tremendous material benefits upon
our country by his discoveries and In-

EXTENSION OF REMARKS
or

HON. ALEXANDER WILEY

or WTSCOMSIN

IN THB 8SNATK OF THE UNITED STATES

Monday, January 9. 1961

Mr. WILEY. Mr. President, the
Great Lakes waterway system consti-
tutes the greatest inland chain of navi-
gable waters in the world.

The St. Lawrence Seaway development
project, now completed, represents a
major effort to expand and more fully
utilize the potential of the lakes system.
I am hopeful, also, that the project of
deepening the Great Lakes connecting
channels can also be completed by the
target date of 1962, to enable the rest of
the lakes area to benefit from the seaway.
Now, a next step in further develop-
ment of the Great Lakes may well be ef-
forts to control the water level, which
seriously affects shipping, as well as lake-
shore Interests.

In 1952, the Corps of Engineers ini-
tiated a study of the Great Lakes water
levels. Because of great and costly
damaging effects of widely fiuctuating
water levels upon shipping, industrial,
residential, resort, and other interests in
Wisconsin and around the lakes, I be-
lieve the study should now be completed.
I would certainly hope that, when this
matter comes up for consideration in the
days ahead, our colleagues on the Sen-
ate Appropriations Committee would
give sympathetic consideration to this
proposal.

Recently, I contacted the Bureau of
the Budget to urge approval of funds in
the 1962 budget for carrying this study
forward.

At this time, I adc unanimous consent
to have my letter to the Bureau of the
Budget printed in the Record.

There being no objection, the letter
was ordered to be printed in the Rbcobo,
as follows:

Hon. MAjnaam H. Stakb,
Director. Bureau of the Budfffet,
Wtuhington, D.C.

Mt Dbab Mr. DiBBCixn: I am writing to
re^>ectfuUy urge inclusion in your 1M2 fis-
cal tmdget of funds for a study tit Great
Lakes wato' levels.

As you well recall, the Corps of Engineers
underto<A a comprehensive study ct the
lakes In 1063 to determine:

1. The feasibility of a plan of regulation
of the levels ot the Great Lakes which would

453

beet sMre the interests of all water uses
Including the reduction of damages to shore
properties, the use of tlw Great Lakes for
navigation, and the use of the storage and
outfiow from the Great Lakes for power de-
velopment; and

2. The advisability of adopting local prol
tectlon nood control projects for areas along
the shores of the Great Lakes and tributary
streams that are subject to Inundation as a
result of fluctuations in the levels of the
lakes where such projects are found to be
feasible and economically Justified.

Unfortunately, the study was Interrupted
and postponed.

From time to time, the water levels of the
Great Lakes may fiuctuate in irregular cycles
in a range of approximately 5 feet. Conse-
quently, extreme high levels result In in-
undation of shorelands. beach erosion, dlfll-
cultles in the docking and loading of vessels
and damage to dock facilities, interference
with land drainage, and aggravation of ^cods
on tributary streams to the Great Lakes.
Conversely, extreme low levels reduce the
cargo-carrying capacity of vessels on the
lakes, require extensive harbor and dock im-
provements, expose unsightly flats, decrease
the area of waterfowl nesting grounds, and
cause excessive shoaling.

During 1951-62, extensive damage from
high water levels to the Great Lakes shore-
line properties was officially estimated by
the Corps of Engineers at $61 million. Tou
will recall that a study to determine the
feasibility of attempting to control levels
of the lakes was originally scheduled for com-
pletion in the year 1957. Unfortunately,
however, this has been too long delayed be-
cause of the lack of funds. With the com-
pletion of the St. V Lawrence Seaway, the

Great Lakes — ^formerly an inland system

has now become an international waterway,
carrying large volumes of shipping to and
from the ports of the world. The lakes traf-
fic Is tremendously Important to the econ-
omy of the Midwest and the country.

A comprehensive study of the factors in-
volved in the fluctuation of water levels, ac-
cconpanled by recommendations on what
might possibly be done either to avert the
fluctuations or at least to minimiii^ tlie dam-
age resulting, woixld, I believe, be of great
value to the country.

I respectfully urge, therefore, that funds,
estimated at $145,000, be Included in the
budget fat fiscal year 1962.

With appreciation for the consideration
I know youTl give this matter, and with
kindest personal regards, I am.
Yours sincerely,

AUCXAMOB WiLcr.

Avnal Pdadd Day

EXTENSION OF REMARKS
or

HON. THOMAS J. LANE

or MASttACH usriTH
IN THE HOUSE OF REPRESENTATIVBS

Monday, January 9, 1961

Mr. LANE. Mr. Speaker, imder leave
to extend my remarks in the Rscors. I
Include my remarks on the occasion of
the annual Pulaski Day celebration spon-
sored by the Polish United SocieUes of
Chelsea, Mass., on October 9. 1960:
AiriraaL Puiaski I>at

Greetings, PulaAl Day, 1990, gives Ameri-
cans of Polish (xlgin the opportunity to speak
up for freedom and human dignity.

In so doing, they become the voice for
their oppreued ralativM and mends la tte

454

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOT tqf

4ee

m

454

CONGRESSIONAL RECORD — HOUSE

January 9

1961

CONGRESSIONAL RECORD — HOUSE

455

^if

taotneland who are restless but silent iiiider
tbe Communist tyranny.

It to good that the Polish community eele-
bntes Pulaski Day during th« Ttolt of Khni-
ttodherw to the United Nations.

For he cannot Ignore the p«i«lonat« I'alth
In fteedom that dlstlngiilshes I>ollsh history
■Bd to an Inilvlalble part of the Polish char>
•etar.

Seeing the tribute that all Americans, fol-
lowing the proud leadership of the Polish
eommxinlty, pay to the memory of General
PiilasU who was a key flgture in winning the
war for American Independence, he cannot
fall to realize that the same spirit anlmatfts
the people of Poland today.

He knows that he cannot hold them cap-
tive forever.

And BO he is trying to blackmail the West
Into acknowledging Communist sovereignty
over all the captive nations.

I predict that he will never succeed In
thto.

One of the purposes of Pulaski Day is to
tell the captive peoples that as they helped
us we shall help them.

Not by force of arms, but by the example,
•ad by economic aid. and by reassurances
that we shall never forsake those who are
related to us by the strongest of all loyalties:
The universal hunger of all peoples for free-
dom under Ood.

General Pulaski taught us that freedom to
a human right, and that we are morally ob-
ligated to work for its development in every
country on this earth.

That Is why he is remembered, honored
and emulated 181 years after his death on
October 11, ITTQ, after leading a cavalry
charge in Savannah.

That is why his spirit Is Inmiortal, and
wUl continue to lead himianlty long after
commiuilsm is dead and forgotten and
Poland Is forever free.

Dr. T. Keith Gleaiiu's OattUndinc Rec-
ord in Space Exploration

^'f

EXTENSION OP REMARKS
or

HON. GORDON L. McDONOUGH

or CAuroKifXA
IN THX HOUSX OF REPRESENTATIVES

Monday, January 9, 1961

Mr. Mcdonough. Mr. speaker, the
dlf&cult task of organizing and directing
the new National Aeronautics and Space
Administration by T. Keith Glennan, the
first Administrator of the new UJ3. Gov-
ernment department which is devoted to
the exploration of outer space, and the
magnitude and the complexities of cre-
ating scientific research and develop-
ment necessary to make practical use of
this vast and hitherto unknown area Is
little short of phenominal.

The challenge that faced Dr. Glennan
when he took over the task of Adminis-
trator-Director of NASA was a stagger-
ing one, iu>t only because of the demands
that were placed upon the United States
to match the scientific progress made by
the Soviet Union, but to find the men
with the unusual talents to build a co-
ordinating: and cooperating team of sci-
entists, mathematicians. engineers,
chemists, biologists — ^in fact all phases of
aeienee and physics and engineering —
and to assemble the plants and facilities
In the proper locations in order to get
Into production as soon as possible.

Dr. Glennan has done this with an
abundance of patience, courage, admin-
istrative ability and scientific know-how.
He has surmounted the hecu-t-breaklng
obstacles of failures with success upon
success. The latei^ summary of Interna-
tional satellite and space probe places
the United States far and away above
the U.S.8.R. The summary referred to
is as follows :

The following space vehicles ai;e in
orbit:

Xamc aiid country

Kipknw I (U.S.)

VaiiRuard 1 (U.S.)

Vansruartl 11 (U.S.)

Pioneer IV (U.S.)

Explorer VI {V.8.)

Vanifuard III (UJS.)

Explorer VII (I.E.)

Pioneer V (U.S.)

Tiros I (r.B.)

Transit I-B (U.S.)....

Mldaa U (U.P.i

Transit II-A (U.S.)

N'RL Baumu (Uj.)

Echo I (U.S.)

Courier I-B (U.S.)

Explorer VIII (U.S.)

TlTMlKU.S.) ,

Lunik I (U.S.8.R.)

Spacecraft I (U.8.8.R.)

Launch date

Jan. 11. Ift68
Xlar. 17. 1058
Feb. 17, 10»
Jklar. a, isoe
Ans. 7, low
Sept. IS. 11MB
Oct. 13, I9j0
Mar. II, IMO
Apr. 1, isao
Apr. 13.1900
May 24. nxiO
Juue 22,1000

do

Aug. 12,1900
Oct. 4.1M0
Nov. a, 1980

Nov. aa, 1S60

Jan. 2, IMO
May 15,1960

Trans-
mlttinc

No.

Yes.

No.

.No.

No.

No.

Yes.

No.

Yea.

No.

Yes.

Yes.

Yes.

Yes.

Yes.

Yes.

Yob.

No.

No.

mauMAKt OF FaooKxss or masa

This stmunary shows that the United
States is 15 to 1 ahead of the U.S.S.R. in
earth orbit — 2 to 1 ahead of the UJ3.S Jl.
in solar orbit — and 10 to 0 ahead of the
U.S.SJi. in trartsmittlng.

During the October 1, 1959-March 31,
1960 period, the National Aeronautics
and Space Administration ccxnpleted and
set in motion a long-range plan of space
exploration spanning the 1960-70 dec-
ade.

At the same time, NASA's research,
space flight, and aeronautical programs
moved ahead and major organizational
(Ganges were effected to accommodate
Increased responsibilities in the field of
laimch vehicle development.

On January 14, 1960, the President
notified the Congress of his Intention
to transfer to NASA the Development
Operations Division of the Army Ballis-
tic Missile Agency at Redstone Arsenal,
Huntsvllle, Ala., along with Saturn,
the 1.5-mllllon-pound-thnist clustered
rocket engine under development by the
Division. The transfer became effective
60 days after notification and the budg-
etary transfer was to be completed by
July 1, 1060. On July 1, NASA assumed
responsibility for the Division's facilities
and 1,200 acres at the arsenal — which
the President has renamed the George
C. Marshall Space Flight Center.

To speed development of launch vehi-
cles, and to make the most effective use
of the Huntsvllle group. NASA created
an OfBce of Launch Vehicle Develop-
ment late in 1959 and other major divi-
sions were reallned as follows: the
Office of Space Flight Programs; the
OfBce of Advanced Research Programs;
the Office of Business Administration;
and the Office of Life Sciences Programs.

The Saturn rocket shares top NASA
priority with Project Mercury, first
phase of the manned space flight pro-
gram. Project Mercury progress during
XtM report period Included delivery by

the contractor of the first operatlcmal
Mercury space capsule on April 1.

MAJOa PBOOEAMS
■PACB

Sustained by vigorous research and
development In space sciences and space
technology, NASA's space flight program
was marked by three particularly sig-
nificant experiments — the Explorer VII
satellite; the sun-orbiting Pioneer V
deep space probe; and the Tiros I experi-
mental meteorological satellite which
has transmitted 22.952 photographs of
the earth's cloud cover.

ASBONATmCAI. tXSKAMCM

In the realm of aeronautics, research
continued across the speed range from
hovering flight to the near-satellite ve-
locities of the rocket-boosted Dyna-
Soar I. under development by the Air
Force. Between these speed extremes,
NASA, in cooperation with the Air Force
and Navy, continued to place strong em-
phasis upon the X-15 rocket-powered
research airplane project. Final con-
tractor tests for the first X-15 were
completed and the airplane was trans-
ferred to NASA on February 9. NASA
and USAF pilots have be«i fiight-testing
the airplane since that time. In addi-
tion, NASA is stud3ring a number of ver-
tical takeoff and landing (VTOL) and
short takeoff and landing (STOL) air-
craft Supersonic transport concepts
are also being investigated.

nvmucATioKAi. pbookamb

In the field of International coopera-
tion. NASA concluded agreements for
establishing Project Mercury tracking
stations in Australia and in Spain's
Canary Islands. NASA also offered the
services of its tracking stations, subject
to the consent of the host countries, to
the Soviet Union for any manned space
filght program it may develop, and es-
Ubllshed the Office for the United Na-
tions Conference to represent the United
States in a conference on the peaceful
uses of outer space.

NASA's LON0-«ANCE PLAN

NASA'S overall mission, as outlined in
the National Aeronautics and Space Act
of 1958, is to exploit the earth's atmos-
phere and outer space for pesM;eful pur-
poses and to provide aeronautics and
space research support to the armed
services at the same time. In producing
a long-range plan, NASA Is translating
into operational terms the objectives set
forth in the act calling for the preserva-
tion of the role of the United States as
a leader in aeronautical and space sci-
ence and technology and in the applica-
tion thereof to the conduct of peaceful
activities within and outside the atmos-
phere.

LAUNCH VSmCLS OSVXLOPMKirr

Foimdation stone of the long-range
plan is development of a small family of
versatile, highly reliable launch vehicles
to power spacecraft on a wide variety of
orbital and space-probing missions.
Scout and Delta, which were flight tested
for the first time shortly after this re-
port period ended, are the smallest ve-
hicles in the family.

In the mediimi- to hlgh-thnvt class
Is the Atlas-Agena B which the DcsMirt-

ment of Defense will make available to
NASA to replace the Vega which NASA
canceled on December 11, 1959. A still
more advanced, higher thrust vehicle is
the Atlas-based Centaur with its liquid
hydrogen second stage. The flrst Cen-
taur launching is planned for 1961.
When fully developed, it will be capable
of sending some 8,500 pounds into an
earth orbit.

In the high-ttinist vehicle range,
NASA has begxm static testing — that is,
running the engines with the v^iicle
clamped, in a vertical position, to its
launch pad — the 1.5-million-poimd-
thrust Saturn first-stage multicham-
bered engine.

With Saturn. NASA will lay the
groimdwork for manned exploration of
the moon. Saturn will be capable of
circumnavigating the moon and return-
ing to earth, and of launching a 25,000-
pound space laboratory into an earth
orbit. During the next few years, NASA
will be filght testing various Saturn
stages and in 1964 the first three-stage
vehicle will be launched.

Toward the end of the 1960*8, NASA
expects to have a launch vehicle \n the
Nova class which may consist of a cluster
of F-1 single-chamber engines, each
producing 1.5 million pounds of thrust.
By clustering these engines, which are
now under development, it would be
ix>sslble to achieve a total thrust of 6 to
12 million pounds. Alternatively, the
very large capacity of the system might
be achieved through the use of nuclear
energy.

Nova will probably be the first vehicle
with which the United States wiU at-
tempt to land men on the moon. Now
in the concept staije, It should be capable
of carrying 100,000 pounds to the moon
and of placing a 290.000 -poimd space
laboratory, occupied by several indi-
viduals, in an eariii orbit.

Nuclear propulsion systems, which are
now a subject of active research and
development in c(x>peration with the
Atomic Einergy Commission, will be de-
veloj)ed over this decade for important
roles in the space program.

LONO-RANQX PLAN MISSIONS

The successful operation of Tiros I
was the first event on NASA's list of
specific missions in the long-range plan.
Tiros I will be followed by other experi-
mental weather satellites of similar type.
These will be followed by the more ad-
vanced Nimbus series.

Also scheduled for 1960 was the first
launching in Proj(«t Echo of a 100-foot-
diameter, infiatable passive reflector
communications satellite. The ultimate
purpose of these orbiting spheres, made
of micro-thin aluminized Mylar plastic,
is to serve as global teleradlo-transmis-
sion links. A series of such satellites may
one day revolutionize worldwide com-
munications and make transoceanic TV
a reality.

In April, NASA achieved the flrst c<Hn-
pletely successful suborbital test flight
of an Echo sphere and transmitted voice
and radio signals via the sphere. Radio
transmitters on the ground beam electro-
magnetic waves at the satellites which, in
turn, refiect or bounce them back to an-
other ground station.

rawT MuuuBx BxxaomatTAL. fuoht

The United States plans to send up an
astronaut on the first suborbital flight in
Project Mercury. A Redstone rocket will
launch him in a Mercury capsule from
Cape Canaveral on a 15-minute flight
down the Atlantic Missile Range at
speeds up to 4,000 miles per hour. He
will experience about 5 minutes of
weightlessness, reach an altitude of 100
miles and a distance of 180 miles, and
WiU land in the sea off the coast of
Florida.

During the next 2 to 3 years, NASA
has scheduled 20-odd testing, training,
and orbital flights in Project Mercury.
The flrst manned orbital flight should
take place in 1961.

MOON LANDINGS PLANNKD

During the 10-year period, the United
States will press forward with its lunar
exploration program, which will consls*
of step-by-step progress through a series
of experiments, each designed to extend
our knowledge and capabilities. Rrst
attempts will be lunar orbiters, followed
by so-called hard landings of scientific
data-gathering instruments. Next will
come soft landings on the moon with
more fragile instruments. NASA may
land mobile instrument stations on the
lunar surface, powered by solar batteries.

The most rewarding phase of lunar
exploration will come when men reach
the moon, probably after 1970. In a
broad sense, the main drive of the long-
range plan consists of preparation for
manned expeditions to the moon and
nearby planets in the decades to follow.
The United States is placing emphasis
upon lunar experiments for several
reasons:

First, in the words of a scientist in
NASA's lunar program :

The moon may have the answers to some
Of the most Important questions In science.
How was the solar system created? How did
It develop and change? Where did lU'e come
from?

The particular Importance of the moon Is
that It Is the only accessible object that can
give xxs these answers. The reason for this
Is that the moon has no wind and water to
erode its surface, to wear away the record of
history, to destroy the cosmic dust tliat has
fallen there for bUllons of years.

Second, success in the lunar program
will provide this coimtry with tlie ex-
perience for attempting fiights to the
nearer planets. In short, NASA will be
able to perfect its communications,
guidance, and propulsion systems over
the lunar distance — about a quarter of
a million miles — and thus get pi-actice
for the longer voyages to Venus and
Mars.

PLANXTAST MISSIONS

The plsmetary missions have as their
scientific objectives the study of the
origin and evolution of the solar sj'stem;
the study of the nature of planetary
surfaces and atmospheres; and the
search for life.

PLAN IS SUBJSCT TO CRANOB

Any plan projecting research and de-
velopment activities as far as 10 years
ahead is, of course, subject to continu-
ing review and change.

COMMITm ON LONO-SANCX STxnilKS

On a broader, more general scale, the
agency has established a committee on
long-range studies to consider the inter-
national, economic, social, political, and
legal implications of space research and
exploration. Toward this end, NASA
has negotiated several contracts with
private research organizations to study
these implications. The committee has
also called upon a legal foundaUon for
an analysis of all available space law
literature and proposals for the control
and administration of outer space
activities.

The outstanding record made by Dr.
T. Keith Glennan and his staff will be
dilflcult to improve. It is regrettable
that E>r. Glennan has decided to resign.
His successor will have a difficult task
and heavy responsibility to carry out the
space program laid out by Dr. Glennan.

The Americaa DdegatioB to the Geaeva
Confereace of GATT (Geaeral Agree-
meat on Tariffs aad Trade) Should
Refrain From Offering Farther Redac-
tions in Onr Import Dnties

EXTENSION OF REMARKS

OP

HON. JAMES E. VAN ZANDT

OF PENNSTLVANIA

IN THE HOUSE OP REPRESKNTATIVKS

Monday, January 9. 1961

Mr. VAN ZANDT. Mr. Speaker, I was
not among those who Introduced the
concurrent resolution last year cospon-
sored by 42 Members of the House from
over 20 States, and supported by many
additional Members. I am, however,
happy to introduce it in this Congress.
I am in complete agreement that the
American delegation that has gone to
Geneva, Switzerland, attending the cur-
rent tariff -cutting conference of GATT —
General Agreement on Tariffs and
Trade — should offer no further reduc-
tions in our import duties at the present
time.

Events since the original introduction
of the concurrent resolution last year
and the reintroduction this year bear
witness to the wisdom of pressing for
immediate passage of the resolution at
this time.
For example:

First. The declining confidence abroad
In our management of international fis-
cal policies as evidenced by the steady
bleeding of our gold reserves, and mir-
rored by the fiuctuations on the London
market of the price of gold In dollars
from $35 to $40 a fine ounce;

Second. The Presidential concern as
reflected in his recent buy-American
directives and the decision on troop
maintenance abroad ;

Third. The rejection by our allies of
our request that they share the crushing
burden of America's defense expendi-
tures abroad on b^ialf of our allies.

The issue facing us today, is the
renewed GATT session in Geneva. Each
Member of this House should note that

i<

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456

CONGRESSIONAL RECORD -- HOUSE

January 9

1961

CONGRESSIONAL RECORI) — HOUSE

ilKT

456

CONGRESSIONAL RECORD — HOUSE

JaniLary 9

1961

ii

[i

' f

]■■

m

while jrou and I have been constitution-
ally assigned the responsibility for regu-
lation of America's foreign trade, we
have never been given the opportunity
of passing upon our membership In this
multinational trade group. Now, 13
years and six tariff-cutting conferences
later, we find that two score countries
determine what UJ3. tiade policies shall
or shall not be. Yes, you and I. the rep-
resentatives of the people who work and
produce the goods of commerce, are no
longer within speaking distance of the
decisions affecting that commerce. Our
accountability in this vital Issue has been
cleverly transferred to the constellation
of executive diplomats sitting in Geneva.
But now let us let the record speak
its eloquent piece. What has happened
since OATT aasimied the duties of the
Members of the House:

First. The tariff defenses of our con-
stituents' jobs and products have been
reduced beyond recognition. Even the
Randall report of 1954 said, "By any
test that can be devised, the United
States Is no longer among the high tariff
coimtries of the world." As you know
our tariffs have been slashed 80 percent.
Yet OATT has not succeeded in pro-
moting reciprocal measiu'es among the
other member trading nations which
now enjoy what my colleague has called
the right of eminent domain here in our
domestic market.

Second. As the OATT-concelved tariff
reductions began to take effect oiu: im-
ports increased as surely as day follows
night. And as imports grew to the high-
est level In history Job opportimlties
shrank and work decreased. There is
no need for me to document this fact.
The record is open for all to see who
can spare several weeks and examine
the hundreds of briefs and statements
in the files of the Tariff Commission
supplied last simmier by trade associa-
tions, corporations, and labor unions,
when hearings were held on the long
list of items for further tariff reductions.
Let me cite but one example: We are
losing the production of about 700.000
automobiles annually to foreign compe-
tition in our domestic and foreign mar-
kets. This figiire Is comprised of total
Imports plus our loss In exports. Ac-
cording to the president of one of our
largest machine tool companies, the pro-
duction of 700,000 autos would repre-
•ent a total woilc force — from mine
to mill to factory — of approximately
350,000 workers.

And the same dampening conditions
are experienced throughout all layers
of production in many other industries.
An unfortimate side effect to be noted
la the stifling of research and develop-
moit. TlUs we can least afford. We
cannot afford to fall behind in a field
so important to our security. A few of
the industries are: Steel, ships, sewing
machines, glass, pottery, meters, lock-
washers, typewriters, cameras, shoes,
machinery, textiles, and htmdreds of
other products.

Third. Now consider the effect of these
developments upon the respective indus-
tries themselves. QAITs policies, pro-
moted and fostered by our own officials.
are driving American plant and equip-

ment out of the country with each fresh
assault by the job-killing, sales-liquidat-
ing imports upon our market.

At the very moment when this Na-
tion's economy desperately needs the
transfusion of new capital investment for
growth here, we find that our enterprises
are shifting more and more to oversea
locations, a trend which is asstmiing the
role of a substitute for rather than a
supplement to domestic Investment.

Keep in mind that about 3,000 Ameri-
can production companies have polka-
dotted the globe beyond our shores with
almost 10.000 plants, worth $30 billion-
book value only — employing over 3
million foreign workers — in turn gener-
ating an additional 5 to 6 million Jobs—
with an annual payroll of $7 billion. Our
capital abroad pays an annual corporate
tax tab approaching $5 billion.

This is the real price of membership in
OATT. After many years as a close ob-
server of our foolish foreign gambits
there is not a shred of doubt in my mind
that a significant portion of the 4 mil-
lion men and women who shuffle along
the lonely streets of our cities and towns
hungrily searching for sustaining em-
ployment are out there right now be-
cause of the posse of Ph. D.'s who have
dictated our foreign trade policies.

If there is to be any substance to the
current talk of growth and development
in this country let it begin at this point.
Eliminate the growth-killing effects of
surplus Imports spilling out of thousands
of mills and factories In scores of coun-
tries In the Orient and in EMrope. They
are displacing our goods on the shelves
and in the warehouses from Bangor to
San Diego. This situation requires Im-
mediate. I repeat. Immediate attention
and careful evaluation. The moratorium
on additional tariff cuts proposed by the
concurrent resolution that I, together
with other Members, have reintroduced,
is the least present and Immediate step
that shoiild be taken by passing the reso-
lution.

Commonsense put back Into our for-
eign trade will put dollars and cents back
into our domestic economy, into the pay
envelopes of our workers, and into the
expansion programs of our Industries.

George Washington Carver Memorial
ConmiMioB

EXTENSION OP REMARKS
or

HON. BEN F. JENSEN

or IOWA

IN THB HOUSE OF REPBESKNTATIVES

Monday, January 9, 1961

Mr. JENSEN. Mr. Speaker, I have to-
day introduced a resolution to establish
a commission known as the Oeorge
Washington Carver Commission.

It is rather befitting that I introduce
this Joint resolution for the establish-
ment of the Oeorge Washington Carver
Commemorative Commission on this
date for today la Oeorge Washington
Carver Day — a day authorized by the
79th Congress to pay tribute to th%

great scientist and humanitarian. This
legislation, when enacted, will provide
for an observance of the contributiona
made by this great man.

Bom of slave parents and self-taught
at an early age, George Washington
Carver received his formal education at
Iowa State College of Agriculture where
he later became a member of its faculty.
He received his doctorate degree from
Simpson College, Iowa. He gained na-
tional attention through his work while
heading the department of research at
Tuskegee Institute.

Notable among his achievements In
this capacity was his discovery of over
a hundred products from the sweet po-
tato, 60 articles of value from the pe-
can, in addition to hundreds of byprod-
ucts from the peanut.

For these achievements. Dr. Carver
received many awards. To name a few :

First. He was made a fellow of the
Royal Society of Great Britain.

Second. He was presented the Spin-
gam Medal for the most distinguished
service by an American Negro in the
year 1922.

Third. Congress authorized the mint-
ing of the Carver-Washington half dol-
lar.

Fourth. The Oeorge Washington
Carver postage stamp was issued in his
honor.

Fifth. The George Washington Car-
ver National Monument was established
at Diamond. Mo., his birthplace, in 1953,
by the National Park Service imder the
Department of the Interior.

In a spirit of reverence to God and
deep devotion to this country, refusing
personal gain, be made his achievements
a gift to the people and the world.

CONGRESSIONAL RECORD ~ HOUSE

Should We Recognize Red CUui7

EXTENSION OF REldARKS

or

HON. THOMAS J. LANE

or MAaBACHTTSBTTS
m THK HOnSX OF RKPRE8KNTATTVE8

Monday. January 9, 1961

Ux. LANE. Mr. Speaker, imder leave
to extend my remarks in the Recoro, I
include a very timely article by Senator
Paul H. Douglas, of Illinois, wherein he
urges Peiping's economic and diplomatic
isolation. The Senator's remarks were
reprinted from the New Leader aa a
public service by the Committee of One
Million (Against the Admission of Com-
munist China to the United Nations) . 17
Park Avenue, New York. N.Y.:

8HOT7LO yH» RaOOOMISB RBI CHOTAt

(By Pavi. H. Douolas. U.8. Senatoa-, DlinoU)
The past few montha have seen the liae
of new efforts to oonTlnoe the American
people of the desirability of closer diplo-
matic, economic aiKl cultural relations with
Communist China. The opposition to such
a policy is neither conservative nor liberal,
but rests on the highest degree of bipartisan-
ship. The Committee of One Million
(Against the Admission of Communist China
to the United Nations), with which Z have
been asaocUted stnoe Ita Inceptloa In IMS.
represents all political pblkwophiea. Its

members Include Senators Ralph E. Flanders,
Irving M. Ives, Jacob K. Javlts. MlXe Mans-
field. Blchard L. Neuberger and Margaret
Chase Smith.

Those who advocate closer ties between
the United States and Oommunlst China
base their arguments on two assumptions:

1, The Communists are In firm and per-
manent control of the mainland of China.
Bven though we do not like the Pi>lplng re-
gime, it Is in power and will be there for a
long time to come. There Is Uttle that we,
or the Chinese Nationalists on Formosa, can
do to change this situation. Therefore, un-
less we wlah to Ignore 600 mUUon people,
we m\ist deal with the Pelping regime.

2. Chinese communism is different in cer-
tain aspects from Soviet communism. Ex-
panded trade and cultural relations between
the free world and Communist China will
drive a wedge between Moscow and Pelping
and perhaps even make a Tito out of Mao
Tse-tung. "Amjugh such trade and cultural
relations ti« between Red China and the
fr«* world will be strengthened with the
corresponding weakening of the Ues between
Peiplng and the Kremlin.

The Conwiittae of One Million believes
that both these assumptions are false, as
were the similar premises used in the 1B30'8
to jTistlfy Western relations with Japan,
lUly, and Germany; until Pearl Harbor, aU
too many Individuals In the United States
believed that ( 1 1 the Governments of Japan.
Italy, and Germany were tn firm control of
their peoples. SAd (3) trade and cultural
relationships with the Axis Powers wovQd
somehow convince them that we wanted only
friendship and coexistence — \t suffldent
conoesBlons were made, the Axis Powers could
bcspUt.

Sooh trade and i^ipeasement came to an
end in the tremendous holocaust of World
War n. The scrap metal which the United
States shipped to Japan was turned into
bombs which devastated half of Asia. Oil
•old to Italy In 1936, on the theory that to
rutrtct trade means to restrict freedcNn, pow-
ered the planes which strafed Kthlopla and
•noouraged Mussolini's quest of empire.
High-level dlpkxaatlc r^atlons and negotia-
tions with Germany ended In the '^'Tfiit^r at
Munich. The Luftwaffe and the Wehrmacht
were built as a result of trade which, at the
start, was limited to nonstrategic goods. The
end result of tlUs poUcy was the death of
millions of men, women, and children, and
the destruction of entire cities and peoples.
One might think that this bitter historical
l«Mon would be deeply Ingrained in the In-
tellects of all freemen who survived. Un-
fortunately, many prominent Individuals and
organizations still caU for expanded trade
and cultural relations and, ultimately, dip-
lonoatlc relations with Mao TM-tung's China.
Their arguments are baaed on wishful thlnk-
latsaSher than fact.

Uitwmatlon reported by Pelping Ita^ re-
futes the Idea that the Communists are
firmly entrenched on the mainland. Mao's
"let a hundred Cowers bloom" campaign un-
covered broad opposition to Conununist rvile
in China that had to be crushed through the
current rectification and antlrightlBt drives.
We have reliable reports of an tl -Communist
student demonstrations; ofBcial reports of
the relocation of tens of thousands of In-
tellectuals from urbaL areas to farm; the
visible evidence of a constant stream of
refugees to Hong Kong and Macao; the re-
port of Shlh Liang, Peiping's Minister of
Jiutlce, that the people's ootirts had dealt
with 364,604 counterrevoluntlonary cases In
a 17-month period. These are strong indica-
tions, Indeed, tliat aU U not well In Com-
munist China.

Tb» second assumption — that Mao might
beoooie a Tito — seems to have been shattered
by Peking's joining with the Soviet Union in
the most vigorous denunciation of Tlto'k re-
cent deviations. Its attitude or "revlaionism"

457

today U as dear as was Its support of the
brutal Soviet Intervention In Hungary.

There appear to be only two alternative
lines of action open to U.S. policy: either
expand trade and cultxiral relations with Bed
China, which is the first step toward Its
admission to the UJJ. and recognition by our
Government; or continue and strei^then our
present policy of resolute opposition to any
(wlitlcal. diplomatic, economic <» moral
assistance to Red China.

Let us examine the possible results of the
first of these two alternatives: We have
already agreed to actions by our allies to ease
their restrictions on trade with Eied China.
The monaent our own trade restr.ctlons are
eased subsUntlally, the prestige of the Pek-
ing regime will begin to mount in Asia. The
economy of Red China, which by its own
admission is facing serious difficulties, will
be bolstered. In a recent speech, ihe Deputy
Minister of Economic Planning of -he Peking
regime called for wide-scale economic re-
trenchments and admitted crltlca] shortages
d pig iron, steel and lumber; shortages In
meats, totaling 20 million hogs; shortages
in edible oils; shortages in cotton, totaling
20 million tons; shortages in coal which led
to the destruction of railroad cars for fuel In
Inner Mongolia. Expansion of trade would
act as a rescue operation. The power of
Communist China would be ccnslderably
enhanced.

Then. American newspapermen and busi-
nessmen will go into Red China and begin
dealing with Conununist Government offi-
cials. Pressiu-es wlU increase for UJ3. Gov-
ernment officials to be stationed In Red
China to assist our citizens. The next step
would be establishment of V.B consiilar
offices — ^whlch would Inevitably lead to rec-
ognlticoi of the Mao regime, (iomewhere
along the line will come admlssian of Bed
China to the United Nations.

The moment that our Govermx^nt recog-
nises Pelping, the key will be turied on the
prison that Is mainland China. We will
have told our present allies in Aslii that they
would have been better off as ne atrals, and
Indirectly told the neutrals that liiey might
as weU give In to the Reds now as later.

If Communist China Is admitted to the
UJr., the Charter of that organiaalion would,
I am afraid, be another "scrap ol paper" to
be tossed into the pile of discarded Inter-
national documents. lAmy forget that the
Charter did not provide for unUersality of
membership, but restricted it to peace-loving
states. Communist China can certainly not
be designated as a peace-loving state after
Its aggressive war In Korea, Its violation of
the 1053 armistice terms and Its fUd to sub-
versive movements in Vietnam and Laos.
True, we already have some aggressor states
in the United Nations. But why should we
add to their nimiber and. In addition, give
the aggressor a seat on the Seciu-ity Council?
Furthermore. If we recognize Peiplng, we
will have helped solidify one of the most
potent fifth columns In history. ITie 12 mil-
lion oversea Chinese living in Southeast
Asia will have little choice but to give their
allegiance to Red China, and to try to deliver
Into Its control the countries where they
have great power: the Philippines, Vietnam,
Indonesia, Singapore and Malaya, Thailand,
and Burma. And our own citizens of Chi-
nese descent will be subjected to blackmail
and coercion, through their relatives In
China, by the diplomatic representatives of
the Pelping regime.

AdmiEslon of Red China — which would en-
title it to China's permanent sent on the
UJf. Security Council — would tie up the 8e-
c\irlty Cotincll completely, and thereby en-
courage aggression by both the Soviet and
Chinese Communists. For the sake of ex-
pediency, and a few dollars' profit, we will
have made valueless the sacrifice of 85,000
American boys who died In Korea resisting
Chinese Communist aggression.

What of the other road— that of namecoc-
nltlon and no trade?

PoUowlng this road, we wUl strengthen
our naUonal security by adhering to the
Intelligent principle of steadfast support of
our alUes and refusal to build up our en-
emies. By helping to strengthen freedom
among our allies and helping to build soand
economies and poUtlcal cystems in .\sU, we
will demonstrate the value of a free society
as opposed to slavery under communism.
Continued economic pressures from without
could cause greater economic pressui as from
within to force Pelping to make basic con-
cessions to the Chinese people. If there
is any chance at all of dividing China from
the Kranlln, It must come by forcing Pei-
plng to txim from Moscow because the Soviet
Union cannot supply China's needs, rather
than by making it easy for both countries
to 8iu"vive.

The argiunent Is sometimes beard that we
must be "realistic" and "practlcar — ^the im-
plication being that to be realistic and prac-
tical we must deal with Communist China.
In contrast, our Committee of One Iflllion
Insists that, to be realistic and practical,
we m\ist not recognise Red China or admit
It Into the UJr. To do so would be to la-
vlte disaster.

Tbe EamiBf s Linitatioa of the SmsJ
Secnritj Act Should Be Removed

EXTENSION OP REMARKS
or

HON. FRANCES P. BOLTON

or OHIO
IN THB HOUSE OF REPRESENTATIVES

Monday, January 9, 1961

Mrs. BOLTON. Mr. Speaker, <me of
the first bills I introduced in this Con-
gress was H.R. 315. to amend title n of
the Social Security Act so as to remove
the limitation upon the amount of out-
side income which an Individual may
earn while receiving benefits thereunder.
This bill, if enacted, will go a long way,
I believe, in correcting what is perhaps
one of the most serious inequities in the
Social Security Act The present law.
as amended in the last session of Con-
gress, permits persons who are retired
on social security benefits to earn only
approximately $1,350 a year without
losing benefits. However, if they do not
work they can receive an unlimited in-
come from dividends, interest, rents, or
other jneans without losing any social
security benefit checks.

In our country today we have more
people over 65 tiian at any time in our
history, and many thousands of the more
than 12 million who are eligible for so-
cial security benefits cannot afford to
retire on their small pensions. They
find it necessary to continue at least
part-time woi^ My bill will permit
them to earn a little without beiiig pe-
nalized for doing it.

The present limitations. Mr. Speaker,
are a serious reflection aa our free en-
terprise system. Very few people, ex-
cept those, of course, who are disabled.
care to become completely inactive when
they reach the retirement age. Many of
the individuals who are eligible for so-
cial security benefits have a real desire
to continue working, and they can make

458

CONGRESSIONAL RECORD — HOUSE

January 9

1961

ii-r

Hi

a real contribution to our Nation's over-
all econcMny by doing so. Why should
they be penaliised because they earn a
little extra money which many need jxist
to provide the necessities of life?

It is my hope that the Committee on
Ways and Means will favorably consider
this legislation, and that early action In
the House and Senate will follow.

A National Sdence Center

,;l

EXTENSION OF REMARKS
or

HON. VICTOR L. ANFUSO

or Nrw TosK
IN THS HOUSK OF RKPRESENTATIVES

Monday. January 9. 1961

Mr. ANFUSO. Mr. Speaker, on Jan-
uary 3. 1961, the opening day of the 87th
Congress, I Introduced a bill to establish
a National Science Center, including a
National Science Academy, dedicated to
training future scientists and engineers
and strengthening scientific research.
My bill was the very first one to be put
into the legislative hopper and it bears
the number H.R. 1.

I have had bills in the previous two
Congresses advocating the establishment
of a Science Academy along somewhat
different imes. The new bill H.R. 1, has
been cnnpletely vewritten after consul-
tations with leading scientists, educators,
and Government ofiScials, and after hear-
ings held In recent months by a House
Science and Astronautics subcommittee
of which I am chairman.

The proposal to establish a National
Science Center is Intended to meet fu-
ture national needs for trained man-
power and new scientific knowledge, and
also to help win the scientific and tech-
nical phase of the cold war. As proposed
in the bill, the Science Center would be
comprised of:

First. An educational institution of
the highest caliber to be known as the
National Science Academy, intended for
both undergraduate and postgraduate
studies in science smd engineering.

Second. Research institutes in various
scientific fields for the promotion of
scientific knowledge and research to ad-
vance the Nation's economy, health, wel-
fare, and progress.

Third. A Scientific Career Service for
obtaining and retaining the personnel
necessary to carry out the scientific,
technological, and research functions of
the U.S. Government. Graduates of the
Science Academy and other qualified
persons able to meet its standards would
be eligible for placement in the Scientific
Career Service.

The educational institution would be
open to young men tmd young women
desiring to make a career in science,
while the research institutes would in-
vite outstanding scientists to work in
their laboratories on scientific, medical,
and other projects designed to benefit
humanity. The realization of my pro-
posal would unquestionably have a bene-
ficial impact on scientific progress and
education in this country, and It wotild
also go far In building up the image of

America as a nation devoted to the util-
ization of science for the benefit of all
mankind and for the attainment of a
peaceful world. A science center of this
type, dedicated to peaceful purposes,
would help raise our prestige in the eyes
of all nations to new and greater heights.
Other major provisions of the bill are:
Young men and young women, be-
tween the ages of 17 and 25, will be
eligible for admission to the Science
Academy's undergraduate department,
provided they pass qualifying examina-
tl(ms prescribed and supervised by the
National Science Foundation. Those ac-
cepted will be known as science-trainees
and will receive a 4-year training course
in science, engineering, and related
fields. Up>on graduation, they will be
required to serve at least 4 years with
the Government in their specific field of
training or, with the approval of the Na-
tional Science Foundation, may be per-
mitted to serve in private industry.

Graduate training will be provided for
those who have completed undergraduate
studies at accredited schools and possess
special qualifications for graduate work
in the sciences. A 6-year straight-line
program leading to a doctor's degree is
authorized for undergraduates. Also
authorized are a program of college
scholarships in science and engineering
at other schools and a program of grad-
uate fellowships both at the research m-
stitutes of the Academy and at other
colleges and universities.

Research institutes in specialized
fields of science are to be established,
among them an Institute of Meteorology,
an Institute of Oceanography, an Insti-
tute of Astronautics, an Institute of
Medicine, and others deemed necessary.
A limited number of foreign nationals
from friendly countries may be admitted,
provided they pass a security check, but
their number shall not exceed 10 percent
of the total number of science trainees
attending the Academy.

The proposed Science Center would be
nonmilitary In nature and would em-
phasize the peaceful pursuits of the
United States in the sciences, which can
and must be separated from military
scientific research. It would compete
with the so-called Freedom University In
Moscow by inviting foreign students to
come to the United States to study and
to develop into mature scientists able to
help their imderdeveloped countries.
Here they could pursue their studies and
research in freedom, observe our way of
life, and become convinced of our peace-
ful intentions.

The Science Center would fUl a gap
presently existing in trained scientific
personnel by providing education and
training for young men and young
women who, under present circum-
stances, could not obtain such an educa-
tion. Outstanding graduate students
and noted scientists from all over the
country would be attracted tr the Acad-
emy and its research institutes. Crea-
tion of a Science Career Service would
elevate the scientist's stature in the pub-
lic eye as a man interested in the promo-
tion of human welfare and peace. At the
same time, the U.S. Government would
be guaranteed of a sufficient supply of

scientists in this fast-moving era of
world competition.

The research institutes, which we
would strive to make the largest in the
world, would provide the most modem
facilities available for research. The
best scientific brains from our own coun-
try, as well as selected scientists from
abroad, would be invited to work there.

There is no need to stress the impor-
tance of the basic and engineering sci-
ences in the world of today. My bill
would go a long way toward meeting our
most urgent national problems in science
and engineering: the shortages of
trained manpower (and womanpower)
for private and public employment, of
qualified science teachers, and of facili-
ties and funds for scientific research.
The bill would also help overcome our
lag compared with the UJSJSJR. in the
annual number of graduates lx>th in
engineering and in many forms of
natural science.

In 1959, for example, tlie UJ3J8JI. pro-
duced about three times as many grad-
uate engineers as the United States. The
figures given by our National Science
Foundation show 38,000 graduating in
the United States, compared with 106,000
in the U.8.SJi. More surprising still,
the United States is lagging even in the
total number of professional engineers:
850,000 compared with the Soviet figure
of 894,000. In graduates specializing in
purely scientific studies, apart from en-
gineering, the only field in which we lead
the UB.8.R. at the present time is the
physical and mathematical sciences.

The Science Academy and its research
institutes would serve to stimulate the
people of the underdeveloped countries
in furthering their economic growth, in
improving their national health, in de-
vel(H>ing their human and material re-
sources, and in attaining a higher stand-
ard of living. In this way, we could be
instnmiental in creating through sci-
ence a world of abundance where no
people need be in want. In the years
to come, this important institution would
pay for itself in many ways through bet-
ter education, advanced research,
scientific progress, and good will.

It is our plan to hold more hearings
before our subcommittee in early 1961.
The hearings will be designed, first, to
determine the present status of scientific
and engineering education and research
in the United States. Not only universi-
ties and engineering schools, but Govern-
ment and industrial research facilities
and training programs as well, will be
included in the survey. '!rhe second
purpose of the hearings will be to find
out what kinds and amounts of trained
scientific and engineering manpower the
United States will need over the next
10 or 20 years. Earlier hearings have
indicated that far more qualified man-
power will be needed than existing edu-
cational institutions are likely to pro-
duce. According to the testimony, sta-
tistical studies have led to a consensus
that some 10,000 more scientists and
engineers per year are needed than our
schools are graduating. Yet we were
told that in 1955 between 60,000 and
100,000 high school graduates of college
abihty failed to enroll in college for

CONGRESSIONAL RECORD — HOUSE

459

financial reasons, and perhaps an addi-
tional 100.000 did not enter college be-
cause of lack of Interest. We must stop
this wanton waste of human resources.
In today's world, we can no l<mger af-
ford it.

The prt^osed hearings win also con-
sider whether larger grants and loans
to existing educational institutions
could by themselves solve our national
problems in science and engineering. It
would seem to me that earlier hearings
have already foreshadowed the answer
to this question. Obviously, we need a
coordinated program that can set na-
tional standards and do the Job efficient-
ly and economically. The National
Science Center could serve as a nucleus
as well as a clearinghouse for the train-
ing offered Yjj our engineering schools
and universities.

I want to make It clear that I do not
regard the National Science Center as
excluding or even restricting the pro-
vision of additional scholarships, fellow-
ships, and loan funds, or as competing
with further direct aid to existing edu-
cational institutions. In my opinion, the
urgency of the times requires us to act
in all these ways and in many others.
This problem has been with us for a long
time, growing worse every year, until it
plainly threatens our future prosperl^
and safety. It is high time to take
effective action.

Tbe Pott Ofice: Testcrdaf, Todaj, ud

TOBUMTOW

EXTENSION OF REMARKS
or

HON. JAMES E. VAN ZANDT

or PurKaTi.vAinA

Ht THS HOUBB OF REPRKSSNTATIVKS

Monday. January 9. 1961

Mr. VAN ZANDT. ULr. Speaker, at
Snow Shoe, Pa., on September 24, 1960.
it was my pleasure to participate in the
dedication ceremonies of the commu-
nity's new post office building and to de-
liver the following address:

THa PoBi Omcz: TnrauuT. Tomt. km

I" Toacoasow

(AddrflM by RepresentaUve Jamkb K. Yam
Zamdt, Member of Congreas. 20th District
of Pennsylvania, at the dedication of the
Snow Shoe. Pa., Poet Office. Saturday. Sept.
24. 1060)

It ia a jriearare to be here today and
share with you this memorable and happy
occasion. I am honored to be able to par-
ticipate in this ceremony tmd help dedicate
this building which will stand as a symbol
of the progress aiul growth of this commu-
nity.

This modem post office providing 1,200
square feet of Interior space with new mod-
em lighting and equipment as well as an
outside loading platform and parking fa-
cilities is part of the program of the Poet
Office Department to modernise la.OOO of Its
some 36.000 poet offices.

It Is pleasing to me to realise that my sup-
port In Congress of legislation to authorize
improved poetal services has resulted In the
construction In my congre— lonal district of
this fine poet office at Snow Shoe and slmUar
ones at DuncansvUle. Pleasant Gap, Clays-

burg. and several others In the blueprint
■tage.

In congratulating the residents of Snow
Shoe on their good fortune In obtaining
modem postal f aclUtles I wish to commend
Postmaster SuUlvan and the loyal employees
of the local post office as weU as tlie members
of the Bnow Shoe Lions Club for the pubUc
spirit they have manifested in tlie desire to
give this community the benefits of a modem
post office.

During the fiscal year 1960 Congreas appro-
priated sufflcient funds to pennli: the mod-
ernization of 1,400 poet offices.

This occasion gives vm an opptn-tonlty to
reflect on what the postal servlcu means to
us.

There sre few Institutions wlUch totich
each of our lives as universally as the post
office.

Churches and schools oome to mind when
you think about important Institutions In
our modem society but we do not all go to
the same church and our direct contact with
school Is lost when we graduate.

The poet office serves all of us dally — de-
livering oiir messages and packages. Social
and business organizations are eqiially de-
pendent on the post office, in fact It can be
said that the economy of our country would
come close to collapse without the unique
and dependable services of the postal service.
The post office is a vital link in our coun-
try's conmiunlcation system. The progress
of our modern society and that of former
civilizations can be traced by developments
In the field of communications.

The postal service was one of the first steps
In the development of mass conununlcatlon
technique that now Includes the telephone —
the telegraph and radio — and television.
TlMse advancements have made It possible
for men to convey their thoughts to others
without being limited to face-to-face com-
munications.

The post office historically has carried the
major share of the burden of transmitting
Ideas and information. It continues to per-
form this role today.

The volume of mall In the United States
Increased by soma 17.7 bUllon pieces in the
last ten years alone.

Blnos this year marks the lOOth anni-
versary of the pony express we are vividly re-
minded of the long and at times dramatic
past of the modern poet office.

A brief glance backward reveals that the
poetal service has had a vital role in our na-
tional development.

The first post office on American aoU was
established In the home of Richard Fair-
banks in Boston In 1630 by a decree of the
great and general coiirt of the Colony of
Massachusetts Bsy.

Putting the delivery of mall under Govern-
ment protection reiR-esented a great Improve-
ment In the available means of communica-
tion In the American Colonies.

Colonists who had been dependent on trav-
ellers, ship's captains, and innkeepers to
carry and deliver their letters were enthusi-
astic about the creation of a postal service.
Mall delivery between the colonies was
initiated by the 1672 decree of the Governor
of New York establishing a mall route be-
tween Boston and New York. The road built
to traverse the miles of wilderness between
these two centers of colonial life has become
known as the Boston Post Boad. This road
was the first of a number of poet roads that
were biased throiigh tbe wilderness from
Maine to Georgia to allow the post riders to
carry the mall from one settlement to an-
other.

These post roads soon became the accus-
tomed routes of travel for everyone and
fcKined the nucleus of the first colonial high-
way system.

Poetal service was operated as a business
enterprise for profit under the British colo-
nial administration.

The need for a postal so^ee that was
operated as a pubUc service rather than a
moneymaklng scheme was reoognlzed by the
First Continexital Congress which created the
first American public postal system In 1776.

This poetal service was an Invaluable aid
to the revolutionary catise since it furnished
the best means of communicating news, In-
fOTmation. and oflldal Government Intelli-
gence.

The public service character of the poet
office was further Insured by the Constitu-
tion which gave Congress the power to cre-
ate a Federal postel service.

The Post Ofllce Department was adminis-
tered by the Treasury Department untU 1820
when It became a separate Federal depart-
ment.

The services rendered by the post office
have been continually Improved down
through the years as America has grown
and prospered.

In 1700, this yoimg Nation encompassed
an area of 867,080 square miles and had a
population of almost 4 million.

There were only 75 post offices In those
Thirteen Original States of the Union and
less than 2.000 miles of post roads. There
are now more than 36,000 post offices to
serve over 180 million people in an area
covering more than 3 Vi mlUlon square miles.
Postal service has come a long way since
the days of post riders and stagecoaches.

The advent of the railroads brought the
first major advancement In the transporta-
tion of the mall. By 18S8 all tmllioads were
made post roads.

The maU was being carried on some 10.000
mUes of track by Vht end of the 1840'a — ^the
first raUway post office cars came mto cai-
latence In the early iseO"*.

The Introduction of railroad travd redxioed
the time reqtilred to transit mall by over
60 percent. The trip from Washington. D.C.,
to Philadelphia, which took ao hours by
stagecoach, was reduced to 6 hours by train.
The weetward trek of the settlers and gold
prospectors in this period gave rise to one
of the most famous episodes In the history
of the poet office — the pony express.

The pcmy express mall service filled In the
missing link between the most westward ex-
tension of the railroads and the west coast.

Pony express riders carried the maU be-
tween St. Joseph, Mo., and Sacramento,
Calif., a distance of some 2,000 miles through
wilderness and hostile Indian territory. The
trip was frequently made in only 8 to 10 days
by using scmie 80 relay riders, 400 to 500
horses, and 119 relay stations along the route.
The pony express mall service has captured
the Imagination of succeeding generations of
Americans up to tbe present and win always
be remembered as part of our pioneer hls-
ttMT. It personifies for us the spirit of poetal
progress which has continued to characterize
the Post Office.

The Post Office has been quick to adopt
new technological advancement in order to
Improve Its service.

The development of motor transport
brought a nimiber of significant improve-
ments In poetal service. The automobile
was responsible for promoting the growth of
rural free delivery which represented a major
extension of poetal service.

Rural free delivery proved Itself an In-
valuable service to our Nation's farm fami-
lies. This service has enabled farmers aU
over the United Statee to get newspapers and
magazines as well as letters without having
to go Into town to pick them up.

Rural free delivery provides a vital com-
munication link between countless farm
families and the rest of the world by bring-
ing the mall dally In all types of weather.
The American farmer Is indebted to that
loyal group of rural mall carriers wfaoss
slogan lM "Service with a 011110.**

460

CONGRESSIONAL RECORD — HOUSE

January 9

m

lU

{■

n

ii^

M

The development of the automobUe »tao
brought a number of improvements to o^-
munme. with city delivery -"/l^e.. ^
UM of trucks has made It possible to deliver
^1 pMt package, a. well a. letters in

the city. . . 4^ ««-—

The early poet rider was able to carry
only letters when he was dependent on the
horse for transportation.

Domestic parcel poet service was not In-
troduced untU 1013. Since then, the parcel
post truck on city streets has become such
a familiar sight that we are apt to take thla
service for granted.

The development of airmail In the aoth
cent\iry has further reduced the time ele-
ment In maU service.

The first airmail flight was made In 1918
between New York and Washington. The
Post Ofllce operated Its own planes In the
beginning, but began contracting this serv-
ice with private air carriers In 1926. The
Post Office U credited with furthering night
flying by insisting the mall be sent with
the least possible delay. The use of airmail
has Increased tremendously until now some
97 million ton-miles of airmail are being
transported annually by domestic airlines.
Some 17 million ton-miles of first-class
maU also Is being transported by air In
order to expedite delivery in urban areas
where surface transportation facilities are
Inadequate.

The diminishing number of paaaenger
trains combined with the growing volume
<rf mail, increasing population, and the
growth of new communities make It likely
that air transportation In some form will be
used more and more in the future.

We are Just entering a new phase In the
field of transportation and communications
—the missile and space age. The first official
mall delivery by guided missile was made by
a Regulus missile on June 8. 1969. This mla-
Blle carried Its historic load of 3,000 letters
100 miles from a submarine to the coast of
Florida. This event inaugurated an entirely
new concept in postal service.

The Poet Ofllce has been altered in terms
of the types and number of services it pro-
vides as well as by its mode and speed of
transporting tlM Jnall since the colonial days.
Under the capable administration of
Arthur E. Bummerfield, the Poet Office De-
partment la continuing to Improve Its serv-
ices.

In recent years the posUl service has been
engaged in a program of modernizing Its
mall handling faculties. Another phase of
this same program of Improving our postal
faciliUes Is the commercial leasing program
Inaugurated in 1963.

President Elsenhower began a $2 billion
post office program in 1963 to provide the
country with 12,000 new poet offices and
modernize some federally owned ones. This
program represenU an attempt on the part
of the administration to encourage the con-
struction erf new poet offices. These build-
ings are buUt according to postal service
specifications but financed by local interests
and then leased by the Government.

With Its share of the program — a half
billion dollars — the Pederal Government
equips these new post offices and modernlaes
the federally owned buildings which can be
made suitable to modern needs. Part of the
half billion Is being xised to Install the new
mall handling faclliUes. This modernization
program of President Eisenhower and Post-
master General Summerfleld has been quite
successful.

liCore than 2,000 new poet office buildings
were erected In the first 4Vi years erf the
program. The postal facilities of others have
been significantly Improved.

The communities acquiring these new post
ofllces have gained not only a mate attractive
and efficient place in which to transact their
postal business, but also have been given a
valuable economic asset which furnishes

them wtth a stable productive Income. We
can be proud that this new post oOce here
In Snow Shoe U part of that great program.
It will remind vis o< the ways our postal
service is keeping pace with the Nations
growth and progress.

I would like to close with one last re-
minder of the high ideals and the unmatched
spirit of the American postal service which
has served us so faithfully since the colonial
days by quoting the words of Charles W.
Kliot and Woodrow Wilson which have been
inscribed on the facade of the Central Ofllce
in Washington, D.C.

"Messenger of sympathy and love, servant
of parted friends, consoler of the lonely, bond
of the scattered family, enlarger of the com-
mon life, carrier of news and knowledge, in-
strument of trade and Industry, promoter of
mutual acquaintance of peace and good will
among men and nations."

Federal CommissioB ob Afiag

EXTENSION OP REMARKS
or

HON. JOHN E. FOGARTY

or BBODZ ISLAND

IN THE HOUSE OF REPRESENTATIVES
Monday. January 9, 1961

Mr. POGARTY. Mr. Speaker, today
more than 3,800 delegates and specialists
in the field of aging from every part of
the United States and abroad, are meet-
ing here in Washington in the first
White House Conference on Aging.

During the State meetings preceding
this Conference, over 6,000 recommenda-
tions were made for improving, expand-
ing, and initiating action to meet the
urgent needs of our Nation's deserving
and neglected senior citizens.

You will recall that after years of in-
sistent prodding, criticizing, and per-
suading the responsible departments and
agencies to develop more realistic and
dynamic programs for the elderly, the
Congress became impatient and enacted
my biU calling for this White House
Conference on the subject.

Since the passage of the bill in August
of 1958, I have followed the planning,
appropriations, and progress reports
with deep personal interest and concern.

The actual cost of the Conference to
date has not been compiled. However,
I would estimate that at least $2 million
has been spent. Every American citi-
zen has a right to expect a reasonable
return on this investment and I believe
it is the duty of this Congress to protect
the taxpayers' interest and at the same
time promote the Nation's welfare, by
taking action now to insure positive re-
sults of the Conference.

During budget hearings before my
committee, from the testimony pre-
sented before the House subcommittee
of the Committee on Education and La-
bor considering bills on a Bureau of
Aging, and from a review of State re-
ports of their conferences on aging, I
have become convinced that once again.
Congress must initiate the action that
will safeguard the rights of elderly citi-
zens and advance a program that will
be in the Nation's best interest.

I have studied the various proposals
for a Bureau of Aging, a Division of

Aging, a U.S. Office of the Aging, and
other variations of organizations to give
leadership and responsibility for Pederal
programs in aging. All of these have at
least one great weakness — they would be
located within the Department of
Health, Education, and Welfare.

Granted that this Department may
have a major program responsibility for
activities affecting the siging— it does not
include them all. Employment, housing,
veterans hospitals and facilities, railroad
retirement, civil service, small business.
and other areas important to the elderly
are handled by other departments or
agencies. It Li my firm conviction from
a critical analysis of the work of the
special staff on aging in the Department
of Health. Education, and Welfare, the
interdepartmental committee on aging,
and the Pederal Council on Aging that
independence and balanced program-
ing is not possible, whenever or wherever
an activity is located within the frame-
work of an existing operation. It auto-
matically takes on the slant or direction
of its program or policy and aUenates the
feeling of responsibility of the other
members.

Por these reasons, I am introducing a
bill to establish a Pederal Commission
oa Aging. It will be bipartisan and di-
rectly responsible to the Congress and
to the President. It will have the co-
operation of all departments and agen-
cies without the influence or pressure of
any one of them.

Sufficient funds will be appropriated
to provide for adequate staff, grants to
the States for special projects, planning
and research, and to establish and main-
tain a national program focused on
problems that concern not only the eld-
erly but are vital to the economic sta-
bility and manpower resources of the
entire country.

We must not lose the gains or the mo-
mentum that has been created by the
White House Conference on Aging. A
Pederal Commission on Aging as pro-
I>osed in my bill will insure a balanced
national program that will not only im-
plement the recommendations of the
Conference but give continued, independ-
ent leadership and justify the confi-
dence the American people of all ages
have placed in their representatives to
enact legislation in their and the
Nation's best interests.

I earnestly hope the Pederal Commis-
sion on Aging bUl will be recognized for
immediate consideration and that you
will give it your full cooperation and
support.

The RecofiiitioM of Red Chiu

EXTENSION OF REMARKS
or

HON. JOHN W. McCORMACK

or MAaaACMuaa'iis

IN THE HOUSE OP REPRESBNTATIVKB

Monday^ January 9, 19€1

Bflr. McCORMACK. Mr. Speaker, In
my extension of remarks I include a
powerful and convincing address de-
livered on October 13, 1960, by His Ex-
cellency, Richard Cardinal Cuahlng,

1961

CONGRESSIONAL RECORD — HOUSE

461

archbishop of Boston, at a dinner at
Roberts Center, Boston College. Chest-
nut HUl. Mass., by the Boston chapter,
Sino-American Amity, to raise funds to
be used toward the establislunent of the
Catholic University of China in Formosa.

In his address Cardinal Cushing dis-
cussed the argument for and against
the recognition of Red China clearly
showing that under world conditions and
the aggressive policies of Red China, it
would not be in the national interest of
our country to extend such recognition.

In view of what is happening in Laos
at th€; present time, as well as other
events which have happened recently,
any reasonable-minded person, who
heretofore, felt that Red China should
be recognized by our coxmtry or admitted
Into tlie United Nations, has plenty of
evidence to show their thinking was in
error.

In my extension I also include remarks
I made on the occasion of the dinner
held on October 13. 1960.

The articles follow:

TBa BaoooKinoir or Rb> Chiha
(Addrew by Richard Oardinal Cushing.

archblahop of Boeton. Roberta Center.

Boston College, Oct. 18, 1900)

The controversy over the recognition of
Red China haa lasted for 10 years and at-
tained greatest publicity and, indeed, succees
at recent meetings of the UrUted NaUons.
The question Is. Should other nations and
especlaUy the United States dlplomatlcaUy
recognize the present regime on the mainland
of China? If we do. Red China would be In
a good position to occupy the Chinese seat
in the United Nations and to adjust her
International relaUons with the free nations.
If that ever happens, we might be forced
to withdraw entirely from the UJf. But
despite the fact that the margin of victory
for the American position was smaller this
year in the U.N. than It had ever been before,
I do not believe that we are fighting for a
lost cause.

The argtunents relating to recognition
have changed somewhat with the passing of
time. But. the main principles, like all
fundamental principles never change.

The advocates of cloaer diplomatic Ues
between the United States and Communist
China and the replacement of free China In
the United Nations by Red China base their
arguments on various assumptions:

If we are realistic we must recognize Com-
munist China. The Conununlsts are In
power on the nuilnland of China. IHere is
Uttle that we. or the free Chinese on For*
mosa can do, to change the situation. We
must b« realistic. We cannot Ignore 600
million people on the mainland of China.
We must accept the Communist regime that
governs them. To this assumption we reply:

To recognize Commimist China would be-
tray American principle and practice. Com-
munist China In no way represents the will
or aspirations of the Chinese people. It
came to power by force and deceit and con-
tinues to hold power by force. Today, after
10 years, less than 2 percent of the people
belong to the Chinese Commrmist Party. It
has maintained control by constant purges
and the liquidation of at least 18 milllwi
Chinese. It has subjiigated 600 million peo-
ple, but It has not won their hearts.

Even though the policy of our Oovemment
in recognizing othws necessarily permits
some elasticity, yet Its fundamental prin-
ciple has been that of Jefferson, who in 1792
said, "It U In accord with our principles to
acknowledge any govemnaent to be rightful
which is formed by the will of the nation,
substantially declared." Insistence on the
substantial nature of the declaration of pc^-

ular approval has remained the guiding prin-
ciple of the policy and practice of the United
States to the present time. Effective control
of a country depends on popular consent of
the governed rather than on an external
form ot government.

The second argument in favor of recog-
nition is rooted in trade and its possibilities.
It is stated that, if we recognize Communist
China, we shaU exp»and our trade. Red
China is a great potential market for west-
em production. Since other free nations,
notably Britain, are trading with Red China,
the American embargo, with its ban on
United States-Red China trade, has become
academic and impractical. Recognition of
the regime would provide the means for fur-
thering the Interests of American firms in
the Par EtuX.

The very opposite Is the truth. Recog-
nition of Red China would result in trade
beneficial to the Red government, not to
the free world generally or the United States
In particular. Great Britain, one of the first
non-Communist covintrles to recognize the
Red regime, found the answer the hard way.
After the Communist occupation of the
mainland. British Investments amounting to
hundreds of millions of dollars were
promptly confiscated by the Red government.
R>r oin* coimtry, which once did a $1
billion business in China, the prospects of
trade are virtually nil. If we have any
doubt about this, we sho\iId recaU the story
told by a representative of an American
business firm In China. He was permitted
to leave the Chinese mainland In the sum-
mer of 1956, after his company had suffered
losses totaling nearly $6 million. "Our com-
panies." he said, "were wrung dry like dish-
rags until we had lost everything. To all
Intents and pxirposes, this was the swan
song of American business in China."

Red China Is definitely committed to trad-
ing with other members of the Communist
bloc ani they only trade with the Western
nations when it suits their political purpose
and when It Is made on their terms. It Is
a matter of record that of Red China's export.-,
able sxirplus, estimated at »4 billion, 80 per-
cent or $3,200 mUUon, is earmarked for
Russia and Its satellites. In return. Red
China Is required to spend what it gets
from Its exports to buy goods from Russia
and other Communist States.

We also know from experience that China
will never piirchase from the free world
anything other than strategic materials for
purpose of war and that to ease our re-
strictions on trade with Red China would
give prestige to the regime and bolster its
economy. It would undoubtedly improve
Communist China's biislness relations with
the smaller nations In Asia. Her cut-price
dumping policy In exporting rice and tin
has already disturbed the predominant rice
economy of Thailand and Burma, and the
predominant tin Industry of Malaya.

Furthermore. It has been revealed again
and again that Red China Is engaged In
narcotics smuggUng on a gigantic scale.
Drugs are a state monopoly, a foreign ex-
change eama-, and a political and economic
weapon for furtherance of Communist ex-
pansion. In 1»56. it was estimated that the
narcotics sold in America were valued at
$360 million. Trade with Red China woxild
expose ourselves to more extensive traffic In
drugs.

The third argimient for the recognition of
Red China pertains to the peace of the fu-
ture. It U said IX we recogialze Communist
China we shaU reUeve international ten-
sions, the roots of war. Crises and tensions
exist everywhere in Asia. They are the re-
sulte of our faUure to recognize Communist
China. By breaking diplomatic relations and
forbidding ourselves to communicate with
the Reds, we deprive ourselves of the means
whereby we might pursue peace without
risk of war.
This argument Is not very strong.

The systematic exploitation of world ten-
sions Is the very essence of Commiinist
technique. Red China is deliberately seeking
to Increase tensions of every kind; Intellec-
tual, political, economic, social, diplomatic,
and military, to a point beyond endurance
by the free world. VThen relief is sought by
concessions, new tensions are created. Com-
munism, both In Russia and In China, oper-
ates under this strategy. Conflict must never
cease. Neither Soviet Russia nor Red China
can accept a true peace. They will stop
creating tensions only when their policy of
world conquest has been completely carried
out or when they are themselves placed un-
der counter pressures, political, economic
and psychological, so great that they must
make long overdue concessions to Justice
and a humanly acceptable world order.

Mao Tse-tung declared that "political
power grows out of the barrel of a gxin".
Recently this axiom was reaffirmed by the
Pelplng Defense Minister when he said: "Our
policy is a policy of fight fight, st<9 stop —
half fight, half stop. This Is no trick but
a normal thing." This expresses the very
basis of the entire philosophy of com-
munism.

At times we must negotiate but we can
do so without recognizing such a govern-
ment. We negotiated the Korean armistice
with Chinese Communists. We took part
with them in the Geneva Conference of 1S>64
which ended the hostilities in Indo-China.
Since August 1955, we have conducted ne-
gotiations at the ambassadorial level with
them, first at Geneva and later at Warsaw.
We sought thereby to bring about the libera-
tion of Americans unlawfully detained in
Communist China, and to establish a con-
dition of tranquility in the Formosa area.

If Red China is sincere in carrying on
negotiations with us, she could freely do so
through existing channels. Experience In-
dicates that the regime seeks recognition
in OTder to gain more strength and prestige
to advance International tensions rather
than to relieve them. Even though China
has been plagued by widespread flood and
drought, the Red government refused as-
sistance offered by the International Red
Cross which sought to relieve the miseries
of the Chinese people. This is a proof that
the Communists do not even wish to remove
the internal tension of their own society.
How then can we expect them to lessen
tensions toward other peoples?

Red China, by Peiplng's own admission
(for whatever it's wcath) Is having the worst
drought In the 11 years the Communists
have ruled.

As a result, the overworked peasants <rf
the commtmes face the prospect of going on
rations only a scant margin above sub-
sistence level.

But note this: Less than a month ago
Communist China signed an agreement for a
25 million loan to the leftward-leaning
African State of Guinea, "free of Interest and
with no conditions attached." The stated
idea of this outlay Is to "strengthen the
friendship and solidarity of the peoples of
China and Guinea "

Meanwhile, Pelplng boasts of quadrupled
food exports over the past 7 years. This,
together with such propaganda loans as to
Guinea, means a ruthlessly enforced famine
to enhance the glories of communism and
plant the Red flag in stlU another country.

The fourth argument for the recognition
of the totalitarian rulers of China is a sort
of corollary from the third. It states that:
To recognize Conununist China does not sig-
nify our awntjval. Recognition ImpUes
neither approval nor disapproval. It is only
a practical arrangement suitable for main-
taining contact with the regime. We recog-
nized Soviet Russia In 1988. VSThy should
we not do the same with Communist China.
as a tyranny no different from that of Com-
munist Russia.

462

CONGRESSIONAL RECORD — HOUSE

Jantuiry 9

The truth la that to receive recognition
from the atrongeet and most Influential coun-
try m the world mttn recognlUon wa^ftrrt
denied would be a triumph for Red China
almoet as a great military victory. Recogni-
tion in thlB caw would Imply something
more than approval. It would Imply capit-
ulation, surrender. It la the moat dangeroua
thing that we could poealbly do. Who among
those clamoring for recognition of Red China
would ever aupport recognition of Hitler a
Oermany now that Its barbaroua conduct haa
been revealed? How much good did recogni-
tion of that regime ever accomplish?

It U true that we recognized Soviet Rusala
In 1933. Among the conditions were that
Ruaala would not Interfere In U.S. affalra.
The Soviet Union haa not kept that condi-
tion or any other Important International
commitment. We have a long and well-docu-
mented hlatory of Communist duplicity.
Such cynical betrayal of truth haa never
been equalled in the hlatory of mankind.
Had there been clear warning about Soviet
Russia's Insincerity. It la doubtful If recogni-
tion would have laeen accorded In the first
place. In the caae of Communist China, we
have been unmistakably forewarned.

As the late John Foeter Dulles has said,
"Internationally the Chinese Communist re-
gime does not conform to the practlcea of
civilized natlona: does not live up to lU
international obllgatlona; hna not been
peaceful in the paat, and gives no evidence
of being peaceful In the future. lu for-
•IgTi policies are hostile to us and our Asian
aUies. Under these circumstances. It would
be folly f or ua to establish relations with the
Chinese Commimiats which would enhance
their ability to hurt ua and our frlenda."
Finally, it la contended that if we recog-
nize Communist China we shall drive a
wedge between China and Ruaala. Let us
admit for the sake of argument that there
Is some discord between Pelplng and Mos-
cow. Yet the area of discord Is accepted by
both Governments and aubordlnated to one
common mission of the Sovlet-Pelplng coali-
tion, the domination of the entire world.
Their unity la further consolidated by the
fact that both face a common obstacle, the
United States. Economically, politically, and
militarily. Pelplng depends upon Moscow.
From the foundation of the Chinese Commu-
nist Party, no one demonatrated any lack of
fidelity to communlam either In the teach-
ing or In the practice of the preeent rulers
on the mainland of China.

Because of their fidelity to the realization
of a universal empire It should be presumed
that Rxissla and Red China will act aa »
team frar the Indefinite futxire. They would
be Immensely strengthened In prestige and
effectiveness If recognition were accorded by
the United States. Otherwise, why aU the
support from the leader of the Kremlin and
hU entourage at the United Nations?

Let vut also remember that recognition of
Red China could mean the liquidation of
free China and the acceptance of Red China
Into the United Nations.

The antl-Communlst Government of the
Republic of China on Formosa Is a symbol of
Chinese opposition to communism. It la the
only rallying point in the world for non-
Communlat Chlneae, the only focus of loyalty
lor millions of Chinese on the mainland and
throughout southeast Asia. If the Republic
of China on Formosa waa ever liquidated, it
would extinguish a beacon of hope for mll-
llona on the mainland. The 10 million peo-
ple on that island would be delivered to the
slavery of the Communlsta and the 12 million
oversea Chinese would become subject to
further pressure as instruments of Infiltra-
tion and subversion In the countries where
they reside. As for admission of Communist
China to the United Natlona. Red China la
certainly not qualified for membership under
the terms of the charter of that organization.

We know that our position la Just. We
also know that our antl-Communlst effort
must stand fast and firm. Our policy of
nonrecognltlon of communistic China U ab-
solutely eound. This policy along with our
continued political, economic, cultural and
mUltary support of the free democratic
forces throughout Asia represents one of the
glories of our country in this 20th cent\iry.
Whatever our failure in the details of ap-
plication, our policies are fixed on principles
that we cannot change without terrible dam-
age to free China, to the free world and to
our own country.

Your presence here tonight la proof that
you agree with all this— for you are giving
yoxir support to the foundation of a univer-
sity on Formosa that one day will send forth
future Chinese leaders trained under the
age-old principles founded on the laws of
God and the dignity and the freedom of man.

remakks bt Hon. Johw W. McCo*mack. or
MAssACHVsrrrs
Gathered here tonight are men and women
of all rellglovis beliefs to ahow by our prea-
ence our deep reapect, friendship, and affec-
tion for two great churcbmen of tbe CathoUc
Church. HlB Eminence Richard Cwdlnal
Cushlng. archbishop of Boston, and the Most
Reverend Paul YuPin, archbishop of Nan-
king, China. They are not only two great
churchmen, but they are two of the out-
standing citizens and figures of the world—
the world of God and His law, the world of
liberty, the world comprised of free nations
under goverrunents of law and not of men.
the world of love and not of hate, love of
God and neighbor, not hatred of God and
neighbor.

For both of these great churchmen and
world figures are deeply respected by persOna
of all creeda. Catholics, Proteatants, and
Jews.

Archblahop YuPln has received from Hla
HoUnesa, Pope John, a most Important
assignment — one far reaching In nature, and
which wUl benefit mankind everywhere and
particularly In the part of the world of major
Importance In combating and defeating the
sinister alma of atheistic or International
communism. Thla duty and resp>onslblllty
is to establish and build In Formosa a Cath-
olic university, to which will go young men
and women of all creeds to receive a higher
education, which they will carry with them
in their journey through life.

Thla assignment la a hard and difficult one
calling tor a large sum of money to con-
struct the buildings, establish the faculty,
the staff and professors, so necessary In order
to instill in the students moral values and
human values, to educate them to be lead-
ers In their countries, parUcularly In the
Far East, leaders In all walks of life and
dedicated to freedom and a government of
law and not a g^overnment of n^n.

And our beloved Cardinal Cushlng Is spon-
soring this banquet, the proceeds of which
will be used toward the establishment of
this \mlverslty. And f\irther. Cardinal C\ish-
Ing has conunltted himself to the raising of
a large aum of money toward the estab-
lishment of this university, which In years
to come win become one of worldwide Im-
portance. One thing we may be certain of la
that no atudent attending thla unlveralty will
ever be a Communist.

Hla HoUnesa, Pope John, exercised excellent
Judgment In aelectlng Archblahop YtiPln for
thla Important task and in designating him
to be the first rector of the unlveralty.

For In the troubled world of today there
are no two men who understand better the
sinister destructive intent and purposes of
atheistic communism than do Cardinal
Cushlng and Archbishop YuPln.

Among the first 10 on the list of the Red
Chinese to be persecuted or killed if cap-

tvired. U Archblahop YuPin. The Red Chi-
nese would go to any extent to capture or
kidnap the archbUhop. for they know Arch-
bishop YuPln. to countless millions of Chi-
nese everywhere, both within and outside
Red China, U a symbol of their hopes and as-
pirations, the early return of their liberty
and their culture.

And I think I know something about the
world killer minds of those In the Kremlin.
For 26 years ago I waa chairman of a con-
gresalonal committee that Investigated com-
munism, nazlsm. fascism, and bigotry. And
2« years ago, I and the members of my
committee, found and reported to the Con-
greM that communlam was an International
conspiracy with the Intent to conquer and
dominate the world.

The Smith Act waa Introduced by me.
The Foreign Agent RegUtraUon Act U the
McCormack Act.

Most persons laughed and scoffed at me
25 years ago. but Cardinal Cuahlng and
Archbishop YuPln. as young prlesta, saw
that communism was International In in-
tent and purpose, and like myself they saw
Its potential danger to the world.

And Archbishop YuPln will be in the
frontllnes of this battle between the forces
of good and the forces of evil.

And anything we can do to help him
quickly establish the university at Formosa
will be a maximum contribution on our
part in affirmatively combating and ulti-
mately defeating communism on a world
level.

In a world of today. It Is vltaUy necessary
that America be powerfuUy strong in all re-
spects, morally and militarily.

From a material angle the only thing the
Communists respect Is what they fear, that
Is military strength and power greater than
they possess themselves. And if we are
going to err In Judgment. It la far better that
we err on the side of strength than on the
side of weakness.

In the world of today America cannot af-
ford to be second best in any important
field.

We hear Khrushchev boaat that commu-
nism will "bury us." We hear of hla other
boaata and conatant threats. We aee him
strutting around at the United Nations.
We witness him using the United Nations
for propaganda ptu-poses and to intlmldaU
other natlona.

Only last Tuesday In another threat he
said his country "can produce rockets like
sausages."

The world Is caught between two coun-
tries, our own country and the Soviet
Union. All peoples In all countries want to
be free, and countless of millions behind
the Iron Curtain and In Red China look to
America with hope and prayers. For they
recognize that America is the leader of
all nations and In the minds of ali persons
who want the God-given right of freedom
under law.

America has a rendezvoxis with destiny.
Win we rise to meet the test of leadership
that lies upon our shoulders?

This means the vrllllngness to make sacri-
fices on our part. As the days of martjrrdom
are here again, and this applies to all reli-
gions. It means that we must have the spirit
of the Cr\isaders and In helping Archbishop
YuPln carry out his mission of a Catholic
university in Formosa you are making a
contribution in an affirmative, not a nega-
tive way In holding back and ultimately
rolling back the world killer hordes of In-
ternational or atheistic communism.

If any at you can give additional contri-
butions to thla cause, you are not only help-
ing build and put into operation this new
university, but you are aiding In an effective
way In winning the cold war.

. _^^— ..«.> v« 'v^.<->,<-k'>« -rv CV?1WT A 'I 'U

January 10

1961

CONGRESSIONAL RECORD — SENATE

463

SENATE

Tuesday, January 10, 1961

{Legislative day of Monday, January $,
1961)

The Senate met at 12 o'clock meridian,
on the expiration of the recess, and was
called to order by the President pro
tempore.

The Chaplain. Rev. Frederick Brown
Harris, DJ3., offered the following
prayer:

Our Father, Ood. trusting only In Thy
mercy, bringing nothing in our hands —
our selfish hands which we confess too
often yield to the temptation to grusp at
fleeting baubles — we wait in contrition
for Thy benediction, at this shrine of
Thy forgiving grace.

We would face whatever the day may
bring in the confidence of Thy guidance,
in the gladness of Thy service, and in the
solemn realization that there are no
frontiers In the realm of nelghborllness.

May the great causes that will mold
the future of human destiny on this
planet Into the pattern of Thy desire
and design, that will heal the hurts of
this sorely wounded world, that will
create good will and usher in a Just and
abiding peace, challenge the best that is
in us and gain the supreme allegiance of
our love and labor as we serve our brief
day In these fields of time.

We ask It In the name of the Master of
all good workmen. Amen.

THE JOURNAL

On request of Mr. 1ii[an8fiu.d, and by
unanimous consent, the reading of the
Journal of Monday, January 9, 1961, was
dispensed with.

MESSAGES FROM THE PRESIDENT

Messages in writing from the President
of the United States were communicated
to the Senate by Mr. Miller, one of his
secretaries.

REPORT OP OPERATIONS UNDER
INTERNATIONAL CULTURAL EX-
CHANGE AND TRADE PAIR PAR-
TICIPATION ACT OP 1956— MES-
SAGE FROM THE PRESIDENT

The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
which, with the accompansrlng report,
was referred to the Committee on For-
eign Relations :

To the Congrets of the United States:

In accordance with the provisions of
section 9 of Public Law 860 of the 84th
Congress, I transmit herewith for the In-
formation of the Congress the eighth
semiannual report of operations under
the International Cultural Exchange and
Trade Fair Participation Act of 1956.
DwiGHT D. Eisenhower.
The Wmn Houss, January 10. 1961.

REPORT ON ACriVlTlES OP COR-
REGIDOR BATAAN MEMORIAL
COMMISSION— MESSAGE FROM
THE PRESIDENT

The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
which, with the accompanying report,
was referred to the Committee on For-
eign Relations:

Tr> the Congress of the United States:

Pursuant to tlie provisions of Public
Law 193, 83d Congress, as amended, I
hereby transmit to the Congress of the
United States a report of the activities
of the Corregidor Bataan Memorial
Commission for the fiscal year ended
June 30, 1960.

DwiGHT D. Eisenhower.
The WHrn House, January 10, 1961.

REPORT ON PROGRAM FOR DIS-
COVERY OF MINERAL RESERVES-
MESSAGE FROM THE PRESIDENT

The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
which, with the accompanying report,
was referred to the Committee on Inte-
rior and Insular Affairs:

To the Congress of the United States:

I transmit herewith the Fourth Semi-
annual Report of the Secretary of the
Interior prescribed by section 5 of the
act of August 21, 1958, entitled "To pro-
vide a program for the discovery of the
mineral reserves of the United States, Its
territories and possessions, by encour-
aging exploration for minerals, and for
other purposes."

DwiCHT D. Eisenhower.
The White House, January 10, 1961.

EIGHTEENTH DECENNIAL CENSUS
OF POPULATION— MESSAGE FROM
THE PRESIDENT

The PRESIDENT pro tempore laid be-
fore the Senate the following message
fixxn the President of the United States,
which, with the accompanying paper,
was referred to the Committee on the
Judiciary:

To the Congress of the United States:

Pursuant to the provisions of section
22(a) of the act of Jime 18, 1929, as
amended (2 U.S.C. 2a) , I transmit here-
with a statement prepared by the Direc-
tor of the Census, Department of Com-
merce, showing (1) the whole niunber
of persons In each State, as ascertained
by the Eighteenth Decennial Census of
the population, and (2) the number of
Representatives to which each State
would be entitled under an apportion-
ment of the existing number of Repre-
sentatives by the method of equal pro-
portions.

DwiGHT D. Eisenhower.
The White House, January 10. 1961.

US. PARTICIPATION IN INTER-
NATIONAL ATOMIC ENERGY
AGENCY- MESSAGE FROM THE
PRESIDENT

The PRESIDENT pro tempore laid be-
fore the Senate the following message
from the President of the United States,
which, with the accompanying report,
was referred to the Joint Committee on
Atomic Energy:

To the Congress of the United States:

I transmit herewith, pursuant to the
International Atomic Energy Agency
Participation Act (22 U.S.C. 2022), the
third annual report covering UJ5. par-
ticipation In the International Atomic
Energy Agency for the year 1959.

DwiGHT D. Eisenhower.
The White House, January 10, 1961.

ANNUAL REPORT OF U.S. CIVIL
SERVICE COMMISSION— MESSAGE
FROM THE PRESIDENT

The PRESIDENT pro tempore laid
before the Senate the following mes-
sage from the President of the United
States, which, with the acccmipanying
report, was referred to the Committee
on Post Office and Civil Service:

To the Congress of the United States:

I transmit herewith the annual re-
port of the U.S. Civil Service Commis-
sion for the fiscal year ended Jvme 30,
1960.

Dwight D. Eisenhower.
The White House. January 10. 1961.

REPORT ON AID IN DISASTERS—
MESSAGE PROM THE PRESIDENT

The PRESIDENT pro tempore laid
before the Senate the following message
from the President of the United States,
which was referred to the Committee
on Public Works:

To the Congress of the United States:

I transmit herewith a report of ac-
tivity under authority of Public Law 875,
81st Congress, as amended, pursuant to
section 8 of that law.

Dwight D. Eisenhower.
The White House. January 10. 1961.

(Note. — The report was transmitted
to the House of Representatives.)

EXECUTIVE MESSAGES REFERRED

As In executive session.

The PRESIDENT pro tempore laid
before the Senate messages from the
President of the United States sub-
mitting sundry nominations, which were
referred to the appropriate committees.

(For nominations this day received,
see the end of Senate proceedings.)

CONVENTIONS WITH ISRAEL AND
THE UNITED ARAB REPUBLIC
FOR THE AVOIDANCE OF DOUBLE
TAXATION

The PRESIDENT pro tempore. The
Chair lays before the Senate two mes-
sages from the President of the United

lOfil

GONGRRS-STONAT RFrDWn — .<;FNATF

AaK.

II

464

CONGRESSIONAL RECORD — SENATE

January 10

\m

*l

it

states transmitting a convenUon with
the United Arab RepubUc and a conven-
tion with Israel, relating to the avoid-
ance of double taxation ol income.

MESSAGE FROM THE HOUSE

A message from the Hovise of Rep-
resentatives, by Mr. Bartlett. one of its
reading clerks, announced that the House
had passed a joint resolution (H.J. Res.
110) estabUshing a George Washington
Carver Commemorative Commission, in
which it requested the concurrence of
the Senate.

HOUSE JOINT RESOLUTION
REFERRED

The joint resolution (H.J. Res. 110)
establishing a George Washington Car-
ver Commemorative Commission, was
read twice by its title and referred to
the Committee on the Judiciary.

COMMITTEE MEETING DURING
SENATE SESSION

On request of Mr. Manstocld. and by
unanimous consent, the Permanent Sub-
committee on Investigations, of the Com-
mittee on Government Operations, was
authorized to meet during the session of
the Senate today.

TRANSACTION OP ROUTINE
BUSINESS

Mr. MANSFIELD. Mr. President. I
ask unanimous consent that there be the
usual morning hour for the introduction
of bills and the transaction of routine
business, and that statements in con-
nection therewith be limited to 3
minutes.

The PRESIDENT pro tempore.
Without objection, it Is so ordered.

Mr. DIRKSEN. Mr. President, I
should like to ask a question of the ma-
jority leader. The other day, when we
were discussing limitations on the length
of statements to be made during the
morning hour, it was agreed that the 3-
minute rule should apply to individual
Senators, and that no matter how much
subject matter a Senator might have to
submit in the morning hour, the 3-
mlnute rule should be imposed. Sec-
ond, I believe my distinguished friend,
the majority leader, indicated that if
there were at the desk a list for the pur-
pose of the recognition of Senators, the
list would be ignored, and would have
no official status, and that it was up to
the Chair to recognize whatever Sena-
tor first sought recognition.

I noted yesterday that there was a list
at the desk. I wonder whether we can
have a firm understanding that there
be no list at the desk, that we operate
under the Senate rule, and that a Sena-
tor should rise in his place and should
address the Chair and should obtain rec-
ognition if he can. and that Senators
shall be recognized by the Chair in the
order in which they seek recognition.
Mr. MANSFIEL£>. I am in accord
with what the distinguished majority
leader has Just now stated.

The PRESIDENT pro tempore. The
Chair is advised by the Parliamentarian
that under the Senate rule, precedence
has always been given to whatever Sena-
tor is first recognized, over the list.

Mr. DIRKSEN. But the fact of the
matter is that there was always a little
something persuasive about a list at the
desk; and the incumbent of the chair
naturally feels under some obligation, I
am sure, to recognize the Senators whose
names are on the list. If we can now
have some definite understanding that
there will be no list, we can follow the
proper procedure under the rule.

Mr. AIKEN. Mr. President, I wish to
compliment the majority leader and the
minority leader on their New Year's reso-
lution, which I assimie will be added to
a long list of previous New Year's reso-
lutions. [Laughter.]

Mr. DIRKSEN. Well, we try; and I
think we are under obligation to try to
operate under the Senate rules, and for
the convenience of the Mwnbers of the
Senate.
Mr. President, I yield the floor.
Mr. RUSSELL. Mr. President, I mere-
ly wish to observe that the written rule
of the Senate, which has obtained in this
body and is supposed to have guided our
deliberations for many years — and I do
not think this particular rule has fallen
vmder attack by the Vice President— is
very clear in regard to the recognition
of Senators. I do not have the rule be-
fore me, but I shall state its essence; it
states that Senators who seek recognition
shall rise in their places and shaU ad-
dress the Chair, and that the Chair shall
recognize the Senator who first addresses
the Chair. That is the written rule. II
a Senator who happens to be presiding at
a particular time wishes to keep a list
of Senators who hope to be recognized
by the Chair, and perhaps also for piu:-
poses of convenience In connection with
quonun calls and matters of that sort,
I do not know of any limitation to be
placed on the Chair in that connection.
But the nile clearly prescribes that Sena-
tors who seek recognition shall address
the Chair, and that the Chair shall recog-
nize the Senator who first addresses the
Chair.

As to the other matter, I am entirely
in favor of the 3-mlnute limitation. But

1 am not too sure that we should com-
pletely exclude a Senator from rising
twice during the morning hour if the
hour of 2 p.m. has not yet been reached.
It seems to me that a Senator should be
limited to 3 minutes when he is recog-
nized during the morning hour, and then
should have to take his seat. But after
other Senators have had their opportuni-
ties during the morning hour, a Senator
who previously has been recognized
should be permitted to rise again and
again obtain recognition, if the hour of

2 o'clock has not been reached, in order
to Introduce a bill or submit any other
matter he may wish to submit In the
morning hour. I would not like to have
the rule construed as meaning that a
Senator could not rise twice during the
morning hour, although I state frankly
that the 3-mlnute limitation on time is
highly desirable. However, I do not
think a Senator should be completely

prevented from rising twice during the

morning horn-. _ .^ ^ .,

Mr. MANSFIELD. Mr. President, if
the Senator from Georgia will yield to
me, let me say that I am completely In
accord with his remarks, and I hope what
he advocates will be foUowed from now

Mr. DIRKSEN. It Is the stretchout
that is objectionable.

Mr. RUSSELL. Yes. with the result
that at times a Senator proceeds con-
tinuously for almost 30 minutes, during
the morning hour, while he handles a
vast amount of material, to the exclu-
sion of any opportunity for other Sena-
tors who wish to speak during the morn-
ing hour.

Mr. DIRKSEN. Yes, that la the
objection.

Mr. RUSSELL. But I do not think a
Senator should be precluded from rising
twice during the morning homr, under
the circumstances I have stated.

REPORT OP GEORGETOWN BARGE
DOCK ELEVATOR & RAILWAY CO.
The PRESIDENT pro tempore laid be-
fore the Senate a letter from Steptoe li
Johnson, attorneys at law, Washington,
D.C., transmitting, pursuant to law. a re-
port of the Georgetown Barge Dock Ele-
vator k Railway Co.. Baltimore. Md.. for
calendar year ended December 31, 1960,
which, with the accompanying report,
was referred to the Committee on the
District of Colimibia.

RESOLUTION BY THE TOMPKINS
COUNTY (N.Y.) MEDICAL SOCIETY

Mr. KEATING. Mr. President. I ask
unanimous consent to have api>ear at
this point in the Record a copy of a res-
olution which I have received from the
Tompkins County. N.Y., Medical Society,
which was unanimously passed on De-
cember 19, 1960. It relates to legislation
affecting the sale and distribution of
drugs and related products.

There being no objection, the resolu-
tion was ordered to be printed In the
RxcoRo, as follows:

A RBBOLunoif vt rm Tomfkikb Oocicrr
(N.Y.) Mbdical Socittt
1. Wbereu a Special National Academy of
Sciences Committee advisory to Secretary of
Health. Education, and Welfare, Arthur 8.
Flemmlng. composed of Dr. C. Phillip MUler,
chairman, professor of medicine. University
of Chicago; Dr. John H. Dingle, professor of
preventive medicine. Western Reserve Uni-
versity: Dr. Maxwell Plnland, associate pro-
fessor of medicine, Harvard Medical School;
Dr. Colin M. MacLeod, profeesor of medicine.
New York University; Dr. Karl F, Meyer, di-
rector emeritus, George Williams Hooper
Foundation. University of California Medical
Center. San Pranelaco; Dr. John R. Paul,
professor of preventive medicine, Yale Uni-
versity; Dr. Carl F. Schmidt, professor of
pharmacology. University of Pennsylvania;
Dr. Wesley W. Spink, professor of Medicine.
University of Minnesota, has reviewed the
policies and procedures of the Food and Drug
Administration concerning the acceptance
and certification of new drugs; and

a. Whereas this committee has recom-
mended (A) that the Food and Drug Admin-
istration should be given statutory authority
to require proof of the efficacy, as well as the
safety, of aU new dnigs; (B) that the Food

1961

CONGRESSIONAL RECORD — SENATE

465

and Drug Administration be authorized to
carry on continuous inspection of drug fac-
tories to guarantee compliance with quaUty
standards before marketing, and (C) that
several other procedures be Instituted with
the purpose of safeguarding the public health
with regard to drug therapy; and

3. Whereas the Tompkins County Medical
Society believes that these recommendations
are sound and urgent: Therefore be It

Resolved, That the Tompkins Coiinty Med-
ical Society endorse these recommendations
and urge the New York State Medical Society
to recommend that the Congress of the
United States adopt legislation to etuict them
Into law; and be It further

Resolved, That a copy of this resolution
be sent to Senators Jacob Javtts and Kkn-
MXTH KKATiifG and Congressman Johm Tai

nrt^SK AND JOINT RESOLUTION
INTRODUCED

Bills and a Joint resolution were intro-
duced, read the first time, and, by unan-
imous consent, the second time, and re-
ferred as follows:

By Mr. DIRKSEN:
8. 288. A bill for the relief of the estate of
Walter Clark; to the Committee on the Judl-

^ary.

By Mr. KEATTNO:
S. 280. A bill to provide for the establish-
ment of a Department of Urban Affairs; to
the Committee on Oovernment Operations.
(See the remarks of Mr. Kxatino when he
Introduced the above bill, which appear
under a separate heading.)
By Mr. BUSH:

8. 290. A bill to autborlae construction at
tlM Anaonla-Derby local protection project.
Naugatuck River, Conn.; to the CommlUae
on Public Works.

By Mr. BUSH (for hlmaeU and Mr.
Saltombtau.) :

8. 291. A bill to amend the Trading With
the Enemy Act to provide for the divesting
of certain Interests In estates and trust, and
for other pxupoMs; to the Committee on the
Judiciary.

By Mr. CARLSON:

8.292. A bUl for the reUef of Mab Jew
Ngee (also known as Peter Jew Mah) ; to the
C<«imlttee on the Judiciary.

By Mr. COTTON:

8.293. A blU to strengthen State govern-
ments, to provide financial assistance to
States for educational piirpoees by retximlng
a portion at the Federal taxes coUected
therein, and for other pxirpoees; to the Com-
mittee on Labor and PubUc Welfare.

(See the remarks of Mr. Corroir when he
introduced the above bill, which appear
under a separate heading.)

By Mr. SALTON8TALL (by request) :

S. 294. A blU tat the relief of Alko Shln-
zato; and

S. 296. A blU for the relief of Maria Con-
stanteUs (Ampellclotou); to the Committee

on the Judiciary.

By Mr. PROUTT:

8. 296. A bUl for the relief at Hanna Ghosn;
to the Committee on the Judiciary.

By Mr. BKALL:

8.297. A bill for the relief of Mrs. Braha
Sundaram; and

8.298. A bUl for the relief of Barl H.
Pendell; to the Committee on the Judiciary.

8.299. A bill authorizing the Secretary of
the Interior to erect a monument at Fort
Cvunberland. Allegany Coxmty, Md., In honor
of Oeorge Washington; to the Committee on
Rules and Administration.

By Mr. wnXIAMS of Delaware:
8. 3(X). A bUl to provide for denial of pass-
ports to supporters dx the International Com-
munist movement, for review of passport
denials, and for other purposes; to the Com-
mittee on Foreign Relations.

OVn 80

(See the remarks of Mr. Wnxiucs of Dela-
ware when he Introduced the above bill,
which appear under a separate heading.)
By Mr. CASE of South Dakota:
S. 301. A bin for the relief of the estate
of Mary L. McNamara; to the Committee on
the Judiciary.

By Mr. ELLENDER (by request) :
S. 302. A blU to amend the Act of June 22,
1948, as amended, relating to certain areas
within the Superior National Forest, In the
State of Minnesota, and for other purposes;
to the Committee on Agrlciilture and
Forestry.

ByMr. HRUSKA:
8.303. A bUl for the reUef of Ta-tuan
Ch'en (T. T. Ch'en); to the Committee on
the Judiciary.

ByMr.PASTORE:
8. 304. A bill for the relief of Axma Lekos;
and

S. 805. A bill for the relief of Alexander
Oordon; to the Committee on the Judiciary.
By Mr. CLARK (for himself and Mr.
Randolph) :
S. 306. A bUl to amend title IV of the So-
cial Secxirlty Act so as to permit children
who are In need beca\ise of the tmemploy-
ment of their parents to be eligible for as-
sistance under the State plans for aid to
dependent children established pursuant to
such title; to the Committee on Finance.

(See the remarks of Mr. Clabk when he
Introduced the above bm, which appear un-
der a separate heading.)

By Mr. KUCHEL (for himself and Mr.

Enclx) :

8.307. A bm to authorize certain beach

erosion control of the shore in San Diego

County, Calif.; to the Committee on Public

Works.

(See the remarks of Mr. Kuchxl when he
Introduced the above blU. which appear un-
der a separate heading.)

By Mr. MORSE (far himself and Mrs.
NrtTBESOza) :

8. 808. A bill to authorize the Secretary of
the Interior to construct, operate, and main-
tain the upper division of the Baker Federal
reclamation project, Oregon, and for other
purposes; to the Committee on Interior and
Insular Affairs.

By Mr. DOUGLAS:

8. 809. A blU for the relief of Regidor Nava
Agulrre (also known as Felipe Capulong);

8. 310. A bill for the relief <rf Annie Tymo-
chek Porayko;

8.311. A bUl for the relief of Chao-Ung
Wang;

8. 312. A bill for the relief of Pietro Oorlo

8. 313. A bm fen- the relief of Ante Tonic
(Tunic) , his wife, Elizal)eth Tunic, and their
two miner children. Ante Tunic, Jr., and
JoEcph Tunic;

8.314. A bm tat the relief of Rachel Ann
Proctor;

S. 315. A bUl for the relief of Dr. Tlng-Wa
Wong;

8.316. A bm for the reUef of Mln-sun
Chen;

8.817. A bill for the reUef tO. Marlja
Onukovnjak; and

S. 318. A bm for the relief of Kle- Young
Shim (also known as Pete Shim); to the
Committee on the Judiciary.
By Mr. SMATHERS:

8. 319. A blU to amend part I of the Inter-
state Oonunerce Act In order to provide that
the provisions of section 4(1) thereof, relat-
ing to long- and short-haul charges, shall not
apply to express companies; and

S. 320. A bill to amend the provislonB con-
tained In part II of the Interstate Commerce
Act concerning registration of State cer-
tificates whereby a common carrier by motor
vehicle may engage In interstate and fcn-elgn
commerce within a State; to the Conmilttee
on Interstate and Foreign Commerce.

8.821. A bill for the relief of Paul Burk-
hart; to the Oommlttee on the Judiciary.

By Mr. CHURCH:
8. 822. A bill to make certain funds avail-
able to the N«B Perce Tribe of Idaho; to Mm
Committee on Interior and Insular Affairs.

By Mr. CSURCH (for himself. Ifrs.
NECBntGEK, and Mr. Encu) :
S. 823. A bill to provide for the conserva-
tion of anadr<Mnous fish spawning areas in
the Salmon River, Idaho; to the Committee
on Interstate and Foreign Commerce.

(See the remarks of Mr. Chusch when he
Introduced the above bUl, which ^pear
under a separate heading.)

By Mr. HUMPHRKT (for himself. Vb.

AncKN. Mr. Anskrbon, Mr. CAaaoix,

Mr. Cass of New Jersey, Mr. Chukch,

Mr. CuJtK, Mr. Coopek, Mr. Bnglb,

Mr. aavKNiNG, Mr. Hakt, Mr. Haxtkz.

Mr. Jackson, Mr. Javtts, Mr. Kkat-

ZNQ, Mr. Kefauvse, Mr. McCaktht,

Mr. McOek, Mr. Moasx, Mr. Moss, Mr.

MusKix, Mr. Pastorz, Mr. PRoxinxK.

Mr. Randolph, Mr. Stmincton, Mr.

Williams of New Jersey, Mr. Yas-

BOBOtTOH, and Mr. Young of Ohio) :

8. 324. A bill to amend the Mutual Security

Act of 1964, as amended, so as to provide for

the establishment of a White Fleet designed

to render emergency assistance to the people

of other nations In case of disaster; to the

Committee on Foreign Relations.

(See the remarks of Mr. HuMPHavr when
he Introduced the above bill, which appear
xinder a separate heading.)

By Mr. MORSE (for himself, Mrs.
Neubxbgkr. and Mr. Maonuson) :
b. 325. A bm to establish a Federal Re-
glcmal Water Pollution Control Research
Laboratory In the Pacific Northwest and for
other pxu-poses; to the Committee on Pub-
lic Works.

(See the remarks of Mr. Mobsb when he
Introduced the above bm, which appear
under a separate heading.)
By Mr. CLARK:

8. 326. A bill relating to the compensation
of employees In the offices of Senators; to the
Committee on Appropriations.

(See the remarks of Mr. Clabk when he
introduced the above bUl, which appear
under a separate heading.)
ByMr. BUTLER:

8. 327. A bUl for the reUef of T. R. Mackte;

5.328. A bm for the relief of Mrs. Anna

8. 829*. A bm for the relief of Peter Zane-
lottl;

8.880. A bm for the relief of Harry K.
Kounlakls; and

8. 831. A bm for the reUef of Mrs. Kazuko
(Wm. R.) Zittle; to the Committee on the
Judiciary.

By Mr. WILLIAMS ol New Jersey:
8.332. A bm for the relief of Pranclszek
RoBzkowskl; to the Cconmlttee on the Judi-
ciary.

By Mr. BYMINaTON (for himself and
Mr. LoNO of Missouri) :
8.833. A bm for the reUef of Oodofredo
M. Herzog; and

8. 334. A bm for the relief of Carmine Via-
oenzo Mocclola; to the Committee on the
Judiciary.

By Mr. PROXMIRB:
8. 335. A bm for the relief of Dr. Caasim
Mohammed Jadwat; to the Committee on
the Judiciary.

By Mr. WTT.T. (for himself. Mr. Clabx.

Mr. Stbnnib. Mr. Kxpauvhi, Mr.

Stminoton, Mr. Saltokstall. and

Mr. Wnjrr) :

8. 386. A bin to make available to children

who are handicapped by deafness the spe-

ciaUy trained teachers of the deaf needed to

develop their abmtles and to make available

to Individuals suffering speech and hearing

Impairments the spedaUy trained qwech

pathologists and audlologlsts needed to help

tbem overoome their handlcsjis; to the Com-

mlttes on Labor and Public WsUsi*.

.<-«^^m.T.<^vkTfOC>Tr^1WT A ¥ O Crf^Y^'D T^

CFMATF

January 10

1Qfi1

rf\K[nji PQcinM a t p vmn n qpm a tv

Acn

466

CONGRESSIONAL RECORD — SEN ATE

Jantuiry 10

By Mr. YOUNO of North Dakota:
8 337 A blU to authortee enrolled mem-
bers of the Three Affiliated Tribea of the Fort
Berthold Reservation, N. Dak., to acquire
trust interests In tribal lands of the reserva-
tion, and for other ptirposes; to the CkMnmlt-
tee on Interior and Insular Affairs.

8.838. A bin for the relief of Mary Pala-
nuk: to the Committee on the Judiciary.

S.'sSO. A bill to Increase the equipment
maintenance aUowance for rural carriers; to
the Ctanmlttee on Port Office and ClvU

Service. ,^. , «

8. 340. A bill to authorize the Chief or
Engineers to enter Into a contract with the
standing Rock Indian Tribe to provide for
the clearing of certain portions of the Oahe
Reservoir area; to the Committee on Public
Works.

By Mr. YOUNG of North Dakota (for
himself and Mr. BxTmDicK) :
8 341 A bUl to authorize Federal assist-
ance for the construction by public school
districts of classroom facilities needed for the
education of Indian children who reside out-
side the boundaries of the dUtrlct; to the
Committee on Interior and Insular Affairs.
(See the remarks of Mr. Yottno of North
Dakota when he introduced the above bill,
which apepar under a separate heading.)

By Mr. JAVIT8 (for himself. Mr.

AncKN, Mr. BxTSH, Mr. Cotton. Mr.

FONO. Mr. Kkatino, Mr. Kxxchkl. Mr.

MiLUOt, Mr. Saltonstall, and Mr.

Scott) :

S.J. Res. 27. Joint resolution to provide for

the designation of the month of May of each

year as "Senior Citizens Month"; to the

Committee on the Judiciary.

(See the remarks of Mr. Javtts when he
introduced the above Joint resolution, which
appear imder a separate heading.)

$107,000. shall be paid from the contingent
fund of the Senate upon vouchers approved
by the chairman of the committee.

RESOLUTIONS
INVESTIGATION OP MATTERS RE-
LATING TO PRIVATE AND ITJBLIC

HOUSING

Mr. SPARKMAN submitted the follow-
ing resolution (S. Res. 25) ; which was
referred to the Committee on Banking
and Currency :

Resolved, That the Committee on Banking
and Currency, or any duly authorized sub-
committee thereof. Is authorized under sec-
tions 134(a) and 136 of the Legislative Reor-
ganization Act o* 1946, as amended, and In
aooOTdance with Its Jurisdiction specified by
rule XXV of the Standing Rules of the Sen-
ate, to examine. Investigate, and make a
complete study of any and all matters per-
taining to public and private housing.

S«c. a. For the purposes of this resolution,
the committee, from February 1. 1961. to
January 31. 1962. Inclusive. Is authorized (1)
to make such expenditures as It deems ad-
visable; (2) to employ, upon a temporary
basis, technical, clerical, and other assistants
and consultants: Provided,, That the minor-
ity Is authorized to select one person for ^-
polntment, and the person so selected shall
be appointed and his compensation shall be
so fixed that his gross rate shall not be less
by more than $1,200 than the highest gross
rate paid to any other employee; and (3)
with the prior consent of the heads of the
departments or agencies concerned, and the
Committee on Rules and Administration, to
utilize the reimbursable services. Informa-
tion, faculties, and personnel of any of the
departments or agencies of the Government.

Sec. 3. The committee shall report Its find-
ings, together with its recommendations for
legislation as it deems advisable, to the Sen-
tXm at the earliest practicable date, but not
later than January 31. 1962.

Sac. 4. Expenses of the c(xnmlttee, under
this resolution, which shall not exceed

STUDY OP INTERAGENCY COORDI-
NATION. ECONOMY, AND EFFI-
CIENCY

Mr. HUMPHREY submitted the fol-
low resolution (S. Res. 26) ; which was
referred to the Committee on Govern-
ment Operations:

Resolved. That the C<Mnmittee on Govern-
ment Operations, or any duly authorized
subcommittee thereof, is authorized under
sections 134(a) and 136 of the Legislative
BeorganlzaUon Act of 1946. as amended, and
in accOTdance with its Jurisdiction specified
by rule XXV of the Standing Rules of the
Senate, to examine, investigate, and make a
complete study of any and aU matters per-
taining to interagency coordination, economy,
and efficiency.

Sec. 2. For the purposes of this resolution
the committee, from February 1, 1961.
through January 31. 1962, is authorized to (1)
make such expenditures as it deems advis-
able; (2) employ upon a temporary basis,
technical, clerical, and other assistants and
consultants: Provided, That the minority Is
authorized at Its discretion to select one
perEon for appointment, and the person so
selected shall be appointed and his compen-
satlon shall be so fixed that his gross rate
shall not be less by more than $1,200 than
the highest gross rate paid to any other em-
ployee; and (3) with the prior consent of
the heads of the departments or agencies
concerned, and the Committee on Rules and
Administration, to utilize the relmbiu-sable
services. Information, facilities, and person-
nel of any of the departments or agencies
of the Government.

Sec. 3. The committee shall report Its
findings upon the study and Investigation
authorized by thU resolution, together with
Its recommendations for legislation as It
deems advisable, to the Senate at the earliest
practicable date, but not later than January
31. 1962.

Sec. 4. Expenses of the committee, under
this resolution, which shall not exceed
$75,000, shall be paid from the contingent
fund of the Senate upon vouchers approved
by the chairman of the conunlttee.

JOHN T. KNIGHT— REFERENCE OF
BILL TO COURT OF CLAIMS

Mr. ELLENDER (for himself and Mr.
Long of Louisiana) submitted the follow-
ing resolution (S. Res. 27) ; which was
referred to the Committee on the Judi-
ciary:

Resolved, That the blU (S. 26fi) entitled
"A bUl for the relief of John T. Knight", now
pending in the Senate, together with all the
accompanying papers. U hereby referred to
the Court of Claims; and the court shall pro-
ceed with the same In accordance with the
provisions of sections 1492 and 2509 of title
28 of the United States Code and report to
the Senate at the earUest practicable date,
giving such findings of fact and conclusions
thereon as shall be sufficient to Inform the
Congress of the nature and character of the
demand, as a claim, legal or equitable, against
the United States and the amount. If any.
legally or equitably due from the United
States to the claimant.

AMENDMENT OF RULE XXII,
SECTION 2

Mr. ALLOTT submitted the following
resolution (S. Res. 28) ; which was re-

ferred to the Committee on Rules and

Administration:

ilesolved, That subsection 2 of rule xxn
of the Standing Rules of the Senate U
amended to read as follows:

"2. Notwithstanding the provisions of rule
ni or rule VI or any other rule of the Senate,
at any time a motion signed by sixteen Sen-
ators, to bring to a close the debate upon
any measure, motion, or other matter pend-
ing before the Senate, or the unfinished
business is. presented to the Senate, the
Presiding Officer shall at once state the mo-
tion to the Senate, and one hoiir after the
Senate meets on the following calendar day
but one. he shaU lay the motion before the
Senate and direct that the Secretary call
the roll, and, upon the ascertainment that
a quoriun is present, the Presiding Officer
shall, without debate, submit to the Senate
by a yea-«md-nay vote the question:

" 'Is it the sense of the Senate that the
debate shall be brought to a close?'

"And if that question shall be decided in
the affirmative by three-fifths of the Sena-
tors duly chosen and sworn, then said
measure, motion, or other matter pending
before the Senate, or the unfinished busi-
ness, shall be the unfinished business to
the exclusion of all other business untU
disposed of.

"Thereafter each Senator shall be entitled
to speak in all three hours and no more In
his own behalf on the measure, motion, or
other matter pending before the Senate, or
the unfinished business, the amendments
thereto, and motions affecting the same,
but each Senator shall be entitled to yield
any or all of the time to which he Is so
entitled to any other Senator. It shall be
the duty of the Presiding Officer to keep
the time of each Senator who speaks. Ex-
cept by unanimous consent, no amendment
shall be in order after the vote to bring the
debate to a close, unless the same has been
presented and read prior to that time. No
dilatory motion, or dilatory amendment, or
amendment not germane shall be In order.
Points of order. Including questions of rele-
vancy, and appeals from the decision of the
Presiding Officer, shall be decided without
debate."

DESIGNATION OP MAJORITY MEM-
BERS ON STANDING COMMITTEES
OF THE SENATE

Mr. MANSPIELC submitted the fol-
lowing resolution (S. Res. 29), which
was ordered to lie on the table and to
be printed:

Resolved. That members of the majority
on standing committees of the Senate shall
be:

Conunlttee on Aeronautical and Space
Sciences: Mr. Kerr (chairman), Mr. RusseU.
Mr. Magnuson. Mr. Anderson, Mr. Syming-
ton. Mr. StennlB. Mr. Yoxmg of Ohio. Mr.
Dodd. Mr. Cannon, and Mr. Holland.

Conunlttee on Agriculture and Forestry:
Mr. Ellender (chairman), Mr. Johnston, Mr.
Holland, Mr. Eastland. Mr. Talmadge, Mr.
Proxmlre. Mr. Jordan, Mr. Young of Ohio,
Mr. Hart. Mr. McCarthy, and Mrs. Neuberger.

Committee on Appropriations: Mr. Hay-
den (chairman). Mr. Russell. Mr. Chavez,
Mr. Bllender. Mr. Hill. Mr. McClellan. Mr.
Robertson. Mr. Magnuson. Mr. Holland. Mr.
Stennls. Mr. Pastore. Mr. Kefauver. Mr. Mon-
roney. Mr. Bible. Mr. Byrd of West Virginia.
Mr. McGee, and Mr. Humphrey.

Committee on Armed Services: Mr. Russell
(chairman). Mr. Byrd of Virginia. Mr. Sten-
nls. Mr. Symington. Mr. Jackson. Mr. Krvln.
»«r. Thurmond. Mr. Engle. Mr. Bartlett. Mr.
Cannon, and Mr. Byrd of West Virginia.

Committee on Banking and Currency:
Mr. Robertson (chairman). Mr. Sparkman,
Mr. Doviglas, Mr. Clark. Mr. Proxmlre. lir.

1961

CONGRESSIONAL RECORD — SENATE

467

WlUlams of New Jersey. Mr. Muskie. Mr. Long
of Missouri, Mrs. Neuberger, and Mr. Blakley.

Committee on tht: District of Colxmibia:
Mr. Bible (chairman) . Mr. Morse. Mr. Hartke.
and Mr. Smith of Massachusetts.

Committee on Finance: Mr. Byrd of Vir-
ginia (chairman), Mr. Kerr. Mr. Long of
Louisiana, Mr. Smathers. Mr. Anderson. Mr.
Douglas, Mr. Oore, Mr. Talmadge, Mr. Mc-
Carthy. Mr. Hartke. and Mr. Fulbright.

Conunlttee on Foreign Relations: Mr. Ful-
bright (chairman) . Mr. Sparkman. Mr. Hum-
phrey, Mr. Mansfield. Mr. Morse. Mr. Long
of Louisiana, Mr. Oore, Mr. Lausche, Mr.
Chiirch. Mr. Symington, and Mr. Dodd.

Committee on Government Operations:
Mr. McClellan (chairman), Mr. Jackson, Mr.
Brvln. Mr. Humphrey, Mr. Qruenlng, and
Blr. Muskie.

Committee on Interior and Insxilar Af-
fairs: Mr. Anderson (chairman), Mr. Jack-
son. Mr. Bible. Mr. Carroll, Mr. Chiut:h. Mr.
Omening. Mr. Moss. Mr. Long of Ha^rall. Mr.
Burdick. Mr. MetcaJf. and Mr. Hlckey.

Committee on Interstate and Foreign
Cocnmerce: Mr. Magnuson (chairman). Mr.
Pastore. Mr. Monroney, Mr. Smathers, Mr.
Thurmond, Mr. Lausche. Mr. Tarborough, Mr.
Engle, Mr. Bartlett, Mr. Hartke. and Mr.
McOee.

Commlttae on the Jtidiclary: Mr. Eastland
(chairman) , Mr. Kefauver, Mr. Johnston, Mr.
McClellan, Mr. Brvln. Mr. Carroll. Mr. Dodd.
Mr. Hart, Mr. Long of Missouri, and Mr.
Blakley.

Committee on Labor and Public Welfare:
Mr. HIU (chairman), Mr. McNamara, Mr.
Morse. Mr. Tarborough. Mr. Clark. Mr. Ran-
dolph. Mr. Williams of New Jersey, Mr. Bur-
dick, Mr. Smith of Massachusetts, and Mr.
PeU.

Committee on Post OlBee and Civil Service:
Mr. Johnston (chairman) . Mr. Monroney, Mr.
Yarborough, Mr. Clark. Mr. Jordan, and Mr.
Randolph.

Committee on Public Works: Mr. Chaves
(chairman), Mr. Kerr. Mr. McNamara, Mr.
Randolph, Mr. Young of Ohio. Mr. Muskie,
Mr. Omening. Mr. Moss, Mr. Long of Hawaii.
Mr. Smith of Massachusetts, and Mr. Met-
calf.

Committee on Rules and Administration:
Mr. Mansfield (chairman), Mr. Hayden. Itr.
Jordan. Mr. Cannon. Mr. Hlckey. aiul Mr.
PeU.

} PROPOSED DEPARTMENT OF
URBAN AFFAIRS

Mr. KEATING. Mr. President, I In-
troduce for appropriate reference, a bin
to establish a Federal Department of
Urban Affairs, and I ask unanimous
consent that this bill appear in the
Recoko at the conclusion of my remarks.

This bill is similar to a bill which I
Introduced In the Senate last year. It
is my firm conviction that the time has
come for the Federal Gm'emment to
Rive recognition to the critical impor-
tance of our urban areas and the prob-
lems which they face. Above aJl, we
must coordinate and centralize the ac-
tivities of the Federal Government to
aid and assist our Nation's cities.

President-elect Kennedy has said that
he favors the creation of a Cabinet level
Department In this area. The estab-
lishment of such a Department was
widely discussed In the presidential cam-
paign, and, in fact, became something
of a "poUtical football."

Mr. President, the political football
season is over. The championship has
been decided. I think it would be a
tragic mistake if the creation of a De-

partment of Urban Affairs was held up
because of partisan political considera-
tions on the part of Monbers or groups
of Members of the Congress.

It is my hope that the leaders of both
parties In the Congress will work toward
the immediate creation of a Cabinet
level Department to assist the residents
of our Nation's urban areas. I would be
delighted if in determining the scope
and activities of this Department, Pres-
ident-elect Kennedy or his designee
would consider the central features of
the bill which I introduce today.

As a Senator from a State in which
problems such as slum clearance, luisan
redevelopment, improvement of public
facilities, mass transportaticm, water
conservation and use are of the utmost
Importance. I enthusiastically urge the
creation of a Federal Department to
give direction to the role of the Federal
Government in these and many other
vital areas.

The PRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the bill
will be printed In the Rkcord.

The bill (8. 289) to provide for the
establishment of a Department of Urban
Affairs, introduced by Mr. Kxatimg, was
received, read twice by its title, referred
to the Committee on Government Oper-
ations, and ordered to be printed in the
Ricoao, as follows:

Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled,

TtmuxQa urn fubpoos
SscnoN 1. (a) The Congress finds and de-
clares—

(1) that most ot the poimlation growth of
this country has occurred In the last two
decades in urban areas;

(2) that many important Federal pro-
grams such as hoxislng. urban renewal and
slum clearance, p>ollutlon control, airport
and highway construction, and defense
activities have a primary impact on urban
areas; and

(3) that many pressing problems facing
the people of the United States grow out of
the lack of knowledge, understanding and
coordination of proper techniques in the
utilisation of urban land.

(b) Recognizing the Invaluable contribu-
tion made by the Department of Agriculture
In correlating Federal activities relating to
the Nation's farms, and In promoting effi-
cient use of farmlands and rural areas, the
Congress enacts this Act with the piupose
of providing a corresponding executive de-
partment ( 1 ) to coordinate the various Fed-
eral activities having a primary Impact on
t^ban areas. (2) to Insure equitable and
reasonable distribution of Federal assistance
to urban centers. (3) to foster high level con-
sideration of the pressing social and eco-
nomic problems growing out of the heavy
concentration of the Nation's population In
urban areas, and (4) to further knowledge of
the principles of unified planning and of
using efficiently urban lands.

casanoN or mPABTHxirr

8xc. 3. (a) In order to accomplish the
purposes set forth in section 1. there is
hereby established an execuUve department
to be known as the Department of Urban
Affairs (hereafter referred to in this Act as
the "Department"), at the head of which
■ball be a Secretary of Urban Affairs (here-
after referred to in this Act as the "Sec-
retary") who shall be aMX>lnted by the
President, by and with the advice and con-

sent of the Senate. Under the Secretary
shall be an Under Secretary and two Assist-
ant Secretaries who shall perform such func-
tions as the Secretary shall prescribe and
who shall be appointed In the same manner
as the Secretary.

(b) There is hereby created in the Dep>art-
ment an Urban Advisory Council. The mem-
bers of this Council shall be appointed by the
President upon nomination by the Secre-
tary and shall Include persons outside the
Federal service with broad experience and
interest in urban and related problems. The
following Federal officials are hereby desig-
nated as members ex officio of the Urban
Advisory Council: Secretary of Labor, Secre-
tary of Commerce. Secretary of Health, Edu-
cation, and Welfare. The President may
designate other Federal officials as ex ofllclo
members of the Coimcll. Members of the
Council shaU receive no compensation for
their services but shall be reimbursed for
necessary travel and subsistence expenses as
provided In the Travel Expense Act of 1949
as amended. The Coxmcll shall meet at the
call of the Secretary, but not less than twice
a year.

KESXABCB AKS TBCRHICAL ASSIBTAHCX

Sec. 8. (a) The Secretary shaU (1) conduct
a continuing study of problens pecxillar to
urban and metropolitan areas. Including
problems of coordinating Federal and Fed-
eral-State programs in such areas, and (2)
provide technical assistance to State and lo-
cal governmental bodies in developing solu-
tions to such problems. Such assistance shall
Include whenever appropriate the dissemina-
tion to interested bodies of the results of the
studies Tindertaken pursuant to this section.

(b) The Secretary shall from time to time
make such reconunendatlons to the Congress,
as a result of the studies to be undertaken
under this section and after consultation
with appropriate representatives of State and
locid governments, as he shall determine to
be appropriate.

(c) As used In this section the term
"State" Includes the District of Oolxunbla
and the Commonwealth of Puerto Rleo.
ruKcnoNS and tsansitbs

Sac. 4. The President shall submit to the
Congress reorganization plans providing for
the transfer of such functions from officers
or agencies of the executive branch of the
Government to the Secretary as the Presi-
dent deems i4>proprlate to assist in accom-
plishing the purposes of this Act.

COlCFKNSATIOIf Or FSINCIPAI. Olf iCSaS

Sac. 6. The Secretary, Uxuler Secretary, and
Assistant Secretaries shall receive compenaa>
tion at the rates prescribed for these poil>
tlons in the other executive departments.

SEAL

Sec. 6. The Secretary shall catise a seal of
office to be made for the Department, of such
design as the President shall approve, and
Judicial notice shall be taken thereof.

DELEGATION OF AtrTHOBTrT

Sac. 7. The Secretary may from time to
time make such provisions as he deems ap-
propriate authorizing the performance of any
of the functions of the Secretary by any
other officer, or by any agency employee, c4.
the Department.

AMKNDICXNT

Sac. 8. Section 158 of the Revised Statutes
of the United States, as amended (5 UJS.C.
1) , Is amended by adding at the end thereof
the following:

"Eleventh: The Department of Urban Af-
fairs."

Sac. 9. The Secretary shall cause to be
prepared, published, and transmitted to the
Oongress an annual report of the actlvltiei
and accomplishments of the Department.

468

CONGRESSIONAL RECORD — SENATE

January 10

I

BNCODRAGINO EDUCATION AND

STRENTHENINO STATES
Mr COTTON. Mr. President, it was
H. O. Wells who said. "Human history
becomes more and more a race between
education and catastrophe." The truth
of his statement has become crystal clear
as we advance into the age of atoms,
astronauts, and automation.

Education poses one of the severest
challenges of our age, and I believe the
Federal Government can properly aid in
meeting the problem. Surely we can do
as much for our pupils as we already do
for our pines, pigs, and peanuts, all of
which receive Federal assistance.

However. Federal aid must recognize
the primary responsibility of our States,
and their poUtical subdivisions, in the
field of education, and the most effective
step which the National Government can
take would be to aid the Stetes in meet-
ing their obligations. A successful pro-
gram for Federal aid to education must
strengthen the State's responsibility for
education and enhance Its ability to dis-
charge the responsibility.

To accomplish this, I am introducing
proposed legislation which, if enacted,
will appropriate annually to each State
2 cents of the Federal tax on each
package of cigarettes sold within the
State. The money wiU be immediately
available to the State for educational
purposes only.

My bill would not alter the present
8 cents a package Federal tax on
cigarettes. It would only return 2
cents of the tax to the State in which
the cigarettes were sold to the consumer.
This would provide a total of more than
1400 million a year for education, of
which New Hampshire's share would be
an estimated $2,120,000.

I ask unanimous consent to have
printed in the Rxcord at this point in my
remarks a table showing the estimated
distribution of the funds among the
States.

There being no objection, the table was
ordered to be printed in the Record, as
follows:

Preliminary estimate of azmual receipts
per State if 2 cents of Federal tax on each
package of cigarettes were returned to
State*, as proposed by Senator Cotton's
bill.

(Receipts In mlUlons of doUars]

Alabama ♦• 00

Alaska. • 8«

Arlaona «• M

Arkansas 2- "^^

California 30- 60

Colorado - — 3- 80

Connecticut •• M

Delaware 1- 20

Florida 10. 40

Georgia •• •*

HawaU •*

Idaho 1- 00

IlUnoii 24. 96

Indiana H- 08

Iowa - — 8. 46

Kansas 4. 88

Kentucky «• 52

Louisiana 0- 60

Maine - 2. 42

Maryland 6. 70

MaasachUMtts 12. 20

Michigan 19- «

Minnesota «• "Jfl

Mississippi 8- 8«

(Receipts in millions of dollars]

IClssourl 10. 40

Montana *• ~

Nebraska-. J J* wi

Nevada. •• ™

New Hampshire »• ^

New Jersey »*• ••

New Mexico 1- ■•

New York *•• *0

North Carolina * ^

North Dakota 1- 10

Ohio — »• »

Oklahoma *• **

received, read twice by its title, and re-
ferred to the Committee on Labor and
Public Welfare.

Oregon.

^ 4. 18

Pennsylvania 23. 80

Rhode Island 2. 88

South Carolina 3. 88

South Dakota 1- 2«

Tennessee •• 28

Xsxas — - — — 10* "^^

Utah 1- 10

Vermont 1- 02

Virginia "^ 32

Washington •• "^

West Virginia *

Wisconsin — •

Wyoming

18
50
82

District of ColumbU 2. 82

Ttotal *0©.00

Mr. COTTON. Mr. President, this
proposal is simple, direct, and straight-
forward.

It avoids many of the obstacles which
have blocked action on Federal aid in
this field for more than a decade.

No element of Federal control la in-
volved. The fimds are to be appro-
priated directly to the States, for educa-
tional use in accordance with State law.
No strings are to be attached. No Fed-
eral restrictions are to be involved. The
State could use the funds for teachers'

DENIAL OF PASSPORTS TO SUP-
PORTERS OF INTERNATIONAL
COMMUNIST MOVEMENT

Mr. WILLIAMS of Delaware. Mr.
President, I Introduce for appropriate
reference a bill to provide for the denial
of passports to supporters of the inter-
national Communist movement. The
bill has been approved by the depart-
ments downtown. It has been strongly
recommended that Congress take some
action to plug the loopholes wherein
these Individuals who are affiliated with
the Communist movement are provided
free movement through access to the
Passports Division.

The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.

The bill (S. 300) to provide for denial
of passports to supporters of the inter-
national Communist movement, for re-
view of passport denials, and for other
purposes, introduced by Mr. Wu-liams
of Delaware, was received, read twice by
its title, and referred to the Committee
on Foreign Relations.

ASSISTANCE FOR CERTAIN
DEPENDENT CHILDREN

Mr. CLARK. Blr. President, on behalf
of myself, and the Senator from West
Virginia [Mr. RahdolphI, I introduce a

bill to amend title 4 of the Social Secu-

salariesy for construction, for equipment, rity Act so as to permit children who are
or for whatever educational purpose the in need, because of unemployment of

State deemed most necessary.

This would not require the creation of
a bureaucracy in Washington to admin-
ister. Furthermore, all the problems of
devising a formula f