1957 CONGRESSIONAL RECORD - SENATE
Elie· N. Khouri:, of New York, to be ap-
THURSDAY, MAY 9, 1957
The Senate met in executive session.
Rabbi Arthur Schneier, M.A., Congre-
gation B'nai Jacob, Brooklyn, N. Y., of-
fered the following prayer:
"This is the day that God has made,
I will rejoice thereon."
Heavenly Father, on the 10th anniver-
sary of my arrival on these blessed
shores, after years of Nazi and Commu-
nist persecution, I lead Thy children in
prayer for our country, thtse United
States of America, the land dedicated to
the sanctity of man, the invigorating
spring of liberty where the oppressed
may quench their thirst, the beacon of
hope and faith of the enslaved in the
world.
O Lord, bestow Thy blessings upon our
President and Vice President and their
families. May they guide our ship of
state to safety through the perilous
waters of the world. O God, bless the
men of this sanctuary of deliberations
who, by virtue of their integrity, zeal,
and devotion, have been chosen as guard-
ians of our American heritage. · Imbue
them with Thy spirit, so that they may
labor unceasingly for the day when all
Thy children will appreciate "how good
and how pleasant it is when brethren
dwell together in peace and unity." Let
us say amen. HOTEL ACCOMMODATIONS IN LON-
MESSAGES FROM THE PRESIDENT
Messages in writing from the President Senate the following lett~r from the As-
of the United States submitting nomina- sistant Secretary of State, which was
tions were communicated to the Senate ordered to lie on the table and to be
by Mr. Miller, one of his secretaries. printed in the RECORD:
EXECUTIVE MESSAGES REFERRED
The VICE PRESIDENT laid before the
Senate messages from the President of
the United States submitting sundry
nominations, which were referred to the
appropriate committees.
<For nominations this day received, see
the end of Senate proceedings.)
EXECUTIVE REPORTS OF
COMMITTEES
The following favorable reports of
nominations were submitted:
By Mr. MAGNUSON, from the Committee
on Interstate and Foreign Commerce:
Paul E. Burhorst, and sundry other per-
sons, for appointment in the United States
Coast Guard.
By Mr. BYRD, from the Committee on
Finance:
William E. Dowling, of Michigan, to be a
member of the United States Tariff Com-
mission;
Russell E. Train, of the District of Colum-
bia, to be judge of the Tax Court of the
United States, vice Clarence P. LeMire, re-
tired;
Bruce M. Forrester, of Missouri, to be judge
of the Tax Court of the United States, vice
Luther A. Johnson, retired; and
Association at 1155 East 60th Street, Chicago
praiser of merchandise 1n customs collection
district No. 10, with headquarters at New
York, N. Y., vice Aleer J. Couri, resigned.
COMMITT'EE MEETING :;:>URING
SENATE SESSION
On request of Mr. JOHNSON of Texas,
and by unanimous consent, the Public.
Lands Subcommittee of the Committee
on Interior and Insular Affairs was au-
thorized to meet during the session of
the Senate today.
TRANSACTION OF ROUTINE BUSI-
NESS:-ORDER FOR RECESS
Mr. JOHNSON of Texas. Mr. Presi-
dent, as in legislative session, I ask
unanimous consent that there be the
usual morning hour, for the introduc-
tion of bills and the transaction of other
routine business. In that connection, I
ask unanimous consent that statements
be limited to 3 minutes, until 12: 15; and
that at 12: i5 the Senate take a recess,
subject to the call of the Chair.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
As in legislative session, the following
routine business was transacted:
DON DURING MONTHS OF JULY
AND AUGUST
The VICE PRESIDENT laid before the
DEPARTMENT OF STATE,
Washington, May 2, 1957.
The Honorable RICHARD M. NrxoN,
President of the Senate.
DEAR MR. VICE PRESIDENT:· I should appre-
ciate it if you would kindly bring to the
attention of the Members of the Senate who
may be contemplating travel to Europe this
summer the fact that there will be a critical
hotel shortage in London during the months
of July and August. The principal reason
for this shortage is the scheduling of the
American Bar Association's annual meeting
from July 23 to July 30, and the reservation
by the ABA of practically every first-class
accommodation for that week as well as the
preceding one. The meeting will attract a
substantial number of visitors over and
above the ABA members and their families,
and concentrate other visitors in the weeks
just before and after the meeting. Need-
less to say the London tourist season is at
its height during the months of July and
August.
The American Embassy at London is co-
operating closely with the American Bar As-
sociation and with the travel agencies in an
effort to secure the best assignment of ac-
commodations to American visitors to Lon-
don. However, the Embassy will definitely
not be able to obtain any further first-class
hotel accommodation for the last 2 weeks in
July. It is acco,rdingly suggested that Sena-
tors desiring hotel accommodations in Lon-
don during this particular period address
their requests directly to the American Bar
6651
37, Illinois.
ROBERT C. HILL,
Assistant Secretary
(For the Secretary of State).
EXECUTIVE COMMUNICATIONS, ETC.
The VICE PRESIDENT laid before the
Senate the following communication and
letters, which were referred as indicated:
PROPOSED PROVISIONS PERTAINING TO ExISTING
APPROPRIATIONS, FlsCAL YEAR 1957, AND RE-
VISION OF A PROPOSED SUPPLEMENTAL AU-
THORIZATION (S. Doc. No. 36)
A communication from the President of
the United States, transmitting proposed
provisions pertaining to existing appropria-
tions for the fiscal year 1957 and a revision of
a proposed supplemental authorization
(with an accompanying paper); to the Com-
mittee on Appropriations and ordered to
be printed.
REPORT ON COOPERATION WITH MEXICO IN CON-
TROL AND ERADICATION OF FOOT-AND-MOUTH
DISEASE
A. letter from the Assistance Secretary of
Agriculture, reporting, pursuant to law, tha·t
there have been no significant developments
during the month of April relating to the co-
operative program of the United States with
Mexico for the control and eradication of
foot-and-mouth disease; to the Committee
on Agriculture and Forestry.
PROPOSED TERM RETENTION CONTRACTS FOR
CERTAIN RESERVE OFFICERS
A letter from the Secretary of Defense,
transm.itting a draft of proposed legislation
to authorize term retention contracts for
Reserve officers and for other purposes (with
an accompanying paper); to the Committee
on Armed Services.
CONSTRUCTION PROGRAM OF NATIONAL ADVI-
SORY COMMI'ITEE FOR AERONAUTICS-PRO-
POSED AMENDMENTS TO H. R. 3377
A letter from the Director, National Ad-
visory Committee for Aeronautics, Washing-
ton, D. C., transmitting proposed amend-
ments to the bill, H. R. 3377, authorizing the
NACA's construction program for the fiscal
year 1958 (with an accompanying paper);
to the Committee on Armed Services.
AMENDMENT OF PUBLIC LAW 565, RELATING TO
PER DIEM ALLOWANCES FOR MEMBERS OF
UNrrED STATES NATIONAL COMMISSION FOR
UNITED NATIONS EDUCATIONAL, SCIENTIFIC,
AND CULTURAL ORGANIZATION
A letter from the Acting Secretary of
State, transmitting a draft of proposed leg-
islation to amend the act providing for mem-
bership and participation by the United
States in the United Nations Educational,
Scientific, and Cultural Organization to pro-
vide for uniform per diem allowances, and
for other purposes (with accompanying pa-
pers); to the Committee on Foreign Rela-
tions.
MESSAGE FROM PRESIDENT OF NATIONAL AssEM-
BLY OF VIETNAM
A letter from the Assistant Secretary of
State, transmitting a message received from
the President of the National Assembly of
Vietnam; to the Committee on Foreign
Relations.
PRoPOSED REQUIREMENT OF PILOTS ON CERTAIN
VESSELS NAVIGATING WATERS OF THE GREAT
LAKF.s
A letter from the Acting Secretary of
the Treasury, transmitting a draft of pro-
posed legislation to require pilots on certain
vessels navigating United States waters of
the Great Lakes, and for other purposes
6652 CONGRESSIONAL RECORD - SENATE
(with accompanying papers); to the Com-
mittee on Interstate and Foreign Com-
merce.
PETITIONS AND MEMORU~S
Petitions, etc., were laid before the
Senate, or presented, and referred as
indicated:
By the VICE PRESIDENT:
A concurrent resolution of the Legislature
of the Territory of Hawaii; to the Committee
on Public Works:
"House Concurrent Resolution 47.
"Concurrent resolution requesting the Con-
gress of the United States of America to
enact legislation creating the Hawaii De-
fense Highway System
"Whereas the Federal Aid Highway Act of
1956 has imposed on the motorists of the
Territory of Hawaii new and higher taxes
estimated at $2 million a year; and
"Whereas most of such new and higher
taxes in the form of national highway reve-
nues will go into the Interstate Highway
System, and the various States will partici-
pate in and be eligible for such Federal
highway benefits at the rate of 9 Federal dol-
lars for every 1 local dollar; and
"Whereas the Territory, as an offshore area,
has not been allotted mileage on this na-
tional network of strategic highways; and
"Whereas the Territory has no "interstate"
highways as such, but it is nevertheless an
important military base with highways vital
to the proper defense of the United States;
and
"Whereas m111tary leaders stationed in the
Territory have endorsed .special Federal aid
to the Territory's strategic highways; and
"Whereas a measure was introduced in the
84th Congress designed to create a Hawaii
Defense Highway System, eligible for Federal
aid on the same 9-to-1 matching basis; and
"Whereas the Federal Aig Highway Act of
1956 did not receive passage until the last
days of the session, and the 84th Congress
adjourned unfortunately without enacting
the measure introduced providing for the
Territory; and
"Whereas work is now in progress for the
expansion and development of the Kawaihae
harbor in the county of Hawaii for both
military and civilian uses; and
"Whereas the highway leading from
Kawaihae Harbor in west Hawaii to Hilo
Harbor in east Hawaii, by way of the Saddle
Road, in the county of Hawaii is a strategic
defense highway in every sense of the term;
and
"Whereas to secure equal and fair treat-
ment for the Territory under the Nation's
multi-million-dollar highways-for-defense
program is today the Territory's biggest
highway legislative problem: Now, therefore,
be it
"Resolved by the House of Representatives
of the 29th Legislature of the Territory of
Hawaii (the Senate concurring), That the
Congress of the United States of America be
and it hereby is respectfully requested to en-
act legislation which will create a Hawaii
Defense Highway System elegible for Federal
aid on a 9-to-1 matching basis and to include
as part of the Hawaii Defense Highway Sys-
tem, the construction of a defense highway
from Kawaihae Harbor to Hilo Harbor, by
way of the Saddle Road, in the county of
Hawaii of the Territory; and be it further
"Resolved, That certified copies of this
concurrent resolution, upon its adoption, be
forwarded forthwith to the President of the
Senate and the Speaker of the House of
Representatives of the Congress of the United
States, to the Secretary of the Department
of Interior, to the Secretary of the Depart-
ment of Defense, and to the Delegate of the
Territory to the Congress." · "Clerk of House of Representatives."
A joint resolution of the Legislature of the
State of Illinois; to the Committee on Public
Works:
"Senate Joint Resolution 33
"Whereas the use of the Illinois-Mississippi
Canal and Lake Sinnissippi has been aban-
doned as a commercial waterway by the Fed-
eral Government for more than 6 years ·and
during that time the canal has been allowed
to deteriorate so that it presently is a menace
to surrounding farmland; and
"Whereas the Department of Conservation
of the State of Illinois was authorized by
the 69th general assembly to accept title
from the Federal Goveernment to the area
comprising the Illinois-Mississippi Canal and
Lake Sinnissippi for the purpose of main-
taining and operating the area as a State
park, such authorization being created in
'An act in relation to the acquisition of the
Illinois and Mississippi Canal and the use
and administration thereof as a State park';
and
"Whereas proposed Federal legislation en-
abling the United States Corps of Engineers
to rehabilitate the area and authorizing the
transfer of title to the area after such reha-
bilitation to the State of Illinois is now in-
cluded as one of several items in the so-
called public works omnibus bill (S. 497);
and
"Whereas several aspects of the public
works omnibus bill not relating to the Illi-
nois-Mississippi Canal and Lake Sinnissippl
project are opposed by the national admin-
istration; and
"Whereas the result of opposition by the
administration may be a veto of the public
works omnibus bill which will cause the loss
of the area to the State of Illinois; and
"Whereas several Members of Congress
from Illinois have introduced bills which
provide for the rehabilitation of the Illinois-
Misslssippl Canal and Lake Slnnlsslppl and
the conveyance thereof to the State of Illi-
nois independent from other projects, some
of which independent bills are S. 134, H. R.
87, and H. R. 784, and there ls lilrelihood of
such an independent bill receiving approval
from Congress and the administration; and
"Whereas if the area ls not rehabilitated
by the United States Corps of Engineers and
then conveyed to this State for maintenance
and operation as a State park, there will be
an immeasurable loss of recreational facili-
ties to the people of this State: Therefore
be it
"Resolved by the Senate of the 70th Gen-
eral Assembly of the State of Illinois (the
House of Representatives concurring herein),
That Congress is respectfully requested to
pass a bill dealing solely with the Illinois-
Mississlppi Canal and Lake Sinnissippi proj-
ect, such bill to include the following: ( 1)
An appropriation of $2 million for the reha-
bilitation of the area as outlined in con-
version plan 2 of the Rock Island District of
the United States Army Corps of Engineers;
(2) transfer of title to the area to the De-
partment of Conservation of the State of
Illinois; and be it further
"Resolved, That a suitable copy of this
resolution be forwarded by the secretary of
state to the following: The President of the
United States Senate; the Speaker o! the
United States House of Representatives; Hon.
Fred Seaton, Secretary of the Interior; and
each Member of Congress from the State of
Illinois.
"Adopted by the senate April 23, 1957.
"JOHN WM. CHAPMAN,
"President of the Senate.
"EDWARD E. F'ERNANDF.s,
"Secretary of the Senate.
"Concurred in by the house of representa..
tives, April 25, 1957.
"WARREN L. WARD,
"Speaker of House of Representatives.
"FRED W. RUEGG,
May 9
A letter in the nature of a petition from
Rudolf F. Kahn, of Newton Center, Mass.,
relating to the late Senator Joseph R. Mc-
Carthy; ordered to lie on the table.
JOINT RESOLUTION OF DELAWARE
LEGISLATURE
Mr. FREAR. Mr. President, by re-
quest, I present for appropriate refer-
ence, Senate Joint Resolution 4, adopted
by the 119th General Assembly of the
State of Delaware, urging the Congress
to repeal excise taxes presently levied on
the transportation of persons and prop-
erty.
There being no objection, the joint
resolution was referred to the Commit-
tee on Finance, and, under the rule,
ordered to be printed in the RECORD, as
follows:
Senate Joint Resolution 4
Resolution urging Congress to repeal excise
taxes on transportation
Whereas for the purpose of meeting war-
time emergency necessity, the Congress o!
the United States enacted as excise taxes a
levy upon the transportation of persons and
property; and
Whereas one of the principal purposes o!
levying such tax upon the transportation of
persons was to discourage unnecessary war-
time travel; and
Whereas today 11 years after the cessa-
tion of hostilities there continues a 10 per-
cent levy on the transportation of persons
and a 3 percent levy on the transportation of
property; and
Whereas it ls the opinion of the General
Assembly of the State of Delaware that ex-
cise taxes should not impose an unfair
burden on the long-distance shipper and the
long-distance traveler as does the present
tax on the transportation of property and
persons; and
Whereas it should be a principle of Federal
taxation to levy taxes in such a manner as
to prevent them from falling as an unequal
burden on citizens residing in different areas
of the country; and
Whereas the State of Delaware is par-
ticularly interested in protecting and de-
veloping its vacation and tourist travel on
an equal basis with other vacation travel
areas; and
Whereas the transportation of,both persons
and property plays such a vital role in the
economic life of this country to the extent
that the costs of transportation should al-
ways be kept at the lowest possible level; and
Whereas transportation is in no sense a
luxury but is a vital necessity and there is,
therefore, sound reason for distinguishing
between the transportation taxes and other
excise taxes that are imposed upon luxury
items; and
Whereas it ls the opinion of the General
Assembly of the State of Delaware that the
best interest of the country would be served
by a repeal of the transportation taxes; and
Whereas there is presently pending before
the Congress of the United States legislation
which would repeal the tax on transportation
of property and which would repeal the tax
on transportation of persons: Now, therefore,
be it
Resolved by the General Assembly of the
State of Delaware, That it shall be the mani-
fest expression of this body that the dis-
criminatory and burdensome Federal excise
taxes upon the transportation of persons and
property sho'dld be repealed.
 1957 CONGRESSIONAL RECORD - SENATE
By Mr. CASE of New Jersey:
A concurrent resolution of the Legislature
of the State of New Jersey; to the Com-
mittee on Finance:
"Senate Concurrent Resolution 27
"A concurrent resolution memorializing the
Congress of the United States to amend the
Internal Revenue Code ·so as to extend the
'conduit theory' to regulated investment
companies that hold their assets in State
and local securities
"Whereas the New Jersey Legislature cre-
ated pursuant to Senate Concurrent Resolu-
tion No. 2, a 6-member bipartisan legislative
commission, known as the School Bond In-
terest Rate Study Commission, for the pur-
pose of making recommendations as to what,
if anything, can be done to assist New Jersey
school districts in obtaining lower interest
rates on their new issues of school construc-
tion bonds; and
"Whereas President Eisenhower in his eco-
nomic report of January 23, 1957, to the
Congress stated:
" 'The expenditures of State and local gov-
ernments are now about half those of the
Federal Government, and their recent rate of
increase has been considerably higher. • • •
Financial considerations • • • may require
some rescheduling of proposed projects,
since State and local governments with large
borr.o wing requirements have already en-
countered heavy competing demands in the
capital markets. Some improvement in the
ability of these governmental units to finance
their projects would result from an amend-
ment of the Internal Revenue Code to ex-
tend the "conduit principle" to regulated
investment companies that hold their assets
in State and local securities. The amend-
ment, which would involve no loss of reve-
nue, would permit regulated investment
companies of this type to pass through to
their stockholders the tax-exempt status of
the income received on State and local secu-
rities. The Congress is requested to enact
legislation to accomplish this result'; and
"Whereas the aforementioned New Jersey
School Bond Interest Rate Study Commis-
sion has concluded that . an amendment to
the Internal Revenue Code in the manner
recommended by the President, would in-
crease the demand for bonds of New Jersey
school districts and then tend to reduce
interest rates; and
"Whereas Congressional action in this re-
gard is already being, or is a.bout to be, spon-
sored by Members of Congress; Now, there-
fore, be it
"Resolved by the Senate of the State of
New Jersey (the General Assembly concur-
ring), That-
"1. The Congress of the United States is
hereby memorialized to amend the Internal
Revenue Code so as to permit regulated in-
vestment companies to pass through to their
stockholders the tax-exempt status of the
income received on State and local securities.
"2. The president of the senate is hereby
directed to transmit immediately following
the passage of this concurrent resolution a
copy thereof, properly authenticated, to the
respective Presiding Officers of the United
States Senate and the House of Representa-
tives and to each of the Senators and to all
of the Representatives of the State of New
Jersey in the Congress.
"I hereby certify that the above is a true
and correct copy of a ·resolution adopted by
the senate and conurred in by the general
assembly.
"HENR~ H. PATTERSON,
"Secretary of the Senate."
RESOLUTIONS OF IZAAK WALTON
LEAGUE
Mr. WILEY. Mr. President, I have
been pleased to receive from that great
organization, the Izaak Walton League
of America, defenders of our soil, water,
woods, and wildlife, a series of resolu-
tions which had been adopted by the
league in its annual convention last
month.
These resolutions bear on such vital is-
sues as surveying our recreation re-
sources, perpetuating our magnificent
wilderness resource, battling against the
pollution of air and water-an issue
which I have discussed on many occa-
sions on the Senate floor-protecting In-
dian land, coordinating wet-dry land
uses, and improving the Water Develop-
ment Coordination Act.
I know these resolutions will be of in-
terest to my colleagues, and I hope they
will result in action at the appropriate
time.
I present the resolutions and ask
unanimous consent that they be printed
in the RECORD and · appropriately re-
f erred.
There being no objection, the resolu_.
tions were received and appropriately re-
ferred, and ordered to be printed in the
RECORD, as follows:
To the Committee on Agriculture and
Forestry:
RESOLUTION 11, COORDINATION OF WET-DRY
LAND ISSUES
Whereas the Federal Government:
1. Is with one hand encouraging wet-land
drainage and with the other hand encourag-
ing wet-land restoration, both by Federal
subsidy,
2. And is with one hand encouraging with-
drawal of land from agricultural production
and with the other hand encouraging devel-
opment of new agricultural acreage, both by
Federal subsidy: Therefore be it
Resolved by the Izaak Walton League of
America, Inc., in 35th annual convention as-
sembled this 6th day of April 1957 in Wash-
ington, D. C., That the Congress of the United
States be urged to bring coordination to these
opposite programs; and more specifically be
urged to desist from encouraglng wet-land
drainage and from encouraging increase in
agricultural acreage.
To the Committee on Interior and
Insular Affairs:
RESOLUTION 2, RECREATION RESOURCES SURVEY
Whereas outdoor recreation is a vital and
integral part of our civilization and an essen-
tial component of the American way of life;
and
Whereas the base upon which all outdoor
recreation depends ls threatened by increased
pressures of population, urbanization, in-
dustrialization, and increasingly intensified
development of all resources; and
Whereas sound planning for the develop-
ment and perpetuation of outdoor recrea-
tional resources and opportunities requires
(1) a complete and scientific inventory and
evaluation of what outdoor recreation re-
sources remain, and (2) what resources will
be required to meet the recreation opportu-
nity needs of a vastly increased population in
the future; and
Whereas a distinguished and bipartisan
group in the Congress of the United States
has sponsored legislation initiated by the
Izaak Walton League of America, Inc., to ac-
complish these objectives: Therefore be it
Resolved by the Izaak Walton League of
America, Inc., in 35th annual convention
assembled this 6th day of April 1957, in
Washington, D. a., That we commend the
sponsors of this legislation, who are Senators
CLINTON P. ANDERSON, JAMES E. MURRAY,
6653,
ARTHUR v. WATKINS, JOHN A. CARROLL, FRANK
A. BARRETT, THOMAS H. KUCHEL, GORDON AL-
LOTT, RICHARD L. NEUBERGER, and KARL E.
MUNDT, and Representatives WAYNE N. ASPI-
NALL, JOHN P. SAYLOR, LEE METCALF, CLAIR
ENGLE, JOHN J. RHODES, GRACIE PFOST, and
CHARLES 0. PORTER; and be it further
Resolved, That the Izaak Walton League of
America, Inc., respectfully requests the favor-
able consideration of this legislation by the
President of the United States, by the Con-
gress, and by the executive departments, in
order that prompt action may be taken to get
the outdoor recreation resources review
underway; and be it finally
Resolved, That the national president of
the Izaak Walton League of America, Inc.,
appoint, within , 30 days after the close of
this convention, a committee to take all
practical steps necessary to implement this
resolution and to bring it to the attention
of all persons and groups 'i:qiportant to affirm-
ative action upon its provlsfons, said commit-
tee to report at the 1958 national convention
of the Izaak Walton League of America, Inc.,
or before, as, required.
RESOLUTION 3, WILDERNESS PERPETUATION
Whereas the protection and perpetuation
of wilderness was a major resource conserva-
tion principle upon which the Izaak Walton
League of America, Inc., was founded; and
Whereas the Izaak Walton League, from
Its earliest days, has steadfastly supported
programs at national, State, and local levels
for the protection and perpetuation of wil-
derness; and
Whereas the wilderness system developed
within our national fores ts, national parks,
wildlife refuges, Indian reservations, and
public domain has demonstrated its broad
public value in the land management pro-
grams of the Federal Government; and
Whereas pressures are multiplied on the
remaining wilderness by spiraling popula-
tion, expanding urbanization, industrializa-
tion, and increasingly intensive development
of all resources for commercial benefit, which
inevitably will encroach upon it to its per-
manent detriment and loss unless wilder-
ness preservation is adopted as an impor-
tant and beneficial component of sound land
management policy and programs: There-
fore be it
Resolved by the Izaak Walton League of
America, Inc., in 35th annual convention
assembled this 6th day of April 1957, in
Washington, D. C., That the Congress of the
United States of America respectfully be
urged to enact legislation which shall adopt
as a national policy, in the interests of all
people of this and succeeding generations,
the protection and perpetuation of our re-
maining areas of wilderness as a part of the
total land-management programs of execu-
tive departments administering the Federal
public lands.
RESOLUTION 6, EXPLOITATION OF INDIAN LANDS
Whereas the Congress of the United States,
in the exercise of its plenary powers over
Indians and Indian property, has enacted
legislation to terminate Federal control and
responsibility over a number of Indian tribes
and their property; and
Whereas this legislation was enacted with-
out due consideration to conservation values
involved and to the economic and social ef-
fects; and
Whereas such important areas of forest and
recreational lands as now exist In the Me-
nominee Indian Reservation In Wisconsin
and the Klamath Indian Reservation in Ore-
gon, and others, are now threatened with
imminent exploitation which would destroy
not only their value to the tribes concerned
but to the surrounding communities and also
the national welfare: Therefore, be it
6654 CONGRESSIONAL RECORD - SENATE
ResoZVed by the Izaak Walton League of
America, Inc., in 35th annual convention as-
sembled this 6th day of April 1957, in Wash-
ington, D. C., That the President of the
United States and the Congress respectfully
be urged to grant sufficient time for adequate
surveys and carefully considered solutions for
the various economic, social, and conserva-
tion problems involved, and that H. R. 6322,
deferring for a period of 2 years the effective
date of termination of Federal control over
the Menominee Indians be enacted, and that
s. 469, deferring the sale of Klamath tribal
property until the end of the next session of
the Congress, as favorably reported by the
Subcommittee on Indian Affairs of the House
Committee on Interior and Insular Affairs, be
enacted; and be it further
Resolved, That copies of this resolution be
sent to the President of the United States, to
the Secretary of Interior, and to the chair-
men of all appropriate committees of the
Congress.
To the Committee on Interstate and
Foreign Commerce:
RESOLUTION 14, AMENDMENT OF WATER
DEVELOPMENT COORDINATION ACT
Whereas Publ1c Law 732, also known as
the Coordination Act of August 1946, is a
law which provides for protection of fish and
wildlife values affected by federally licensed
water-development project.s; and
Whereas this Jaw has defects which long
have caused concern to the Izaak Walton
League and informed conservation-minded
persons; and
Whereas the Secretary of the Interior,
after conferences with the Izaak Walton
League, with other conservation organiza-
tions, and with various State game and fish
departments, has proposed amendments to
Public Law 732 which woulQ.:
1. Make provisions of the law retroactive
to projects authorized prior to August 1946
when the act became effective;
2. Provide for land acquisition for recrea-
tional purposes adjacent to such projects;
3. Provide for inclusion of measures to
enhance fish and wildlife potentials as
well as to prevent fish and wildlife losses;
4. Provide for inclusion of plans and
appropriations for -fish and wildlife purposes
in original project proposals, and require
submission of such plans as integral fea-
tures of reports to the Congress on such
projects;
5. Extend coverage of the act to projects
receiving Federal technical services; and
Whereas all of these aims are in accord
with established policies of the Izaak Wal-
ton League: Therefore be it
Resolved, That the Izaak Walton League
of America, Inc., in 35th annual conven-
tion assembled this 6th day of April 1957,
in Washington, D. C., do support and en-
dorse amendment of Public Law 732 as set
forth in accordance with the explanation
set forth above.
To the Committee on Public Works:
RESOLUTION 5, ATMOSPHERIC POLLUTION
Whereas air is a na+,ural resource necessary
to human existence; and
Whereas it is being demonstrated that this
element ls subject to pollution from such
general sources as industrial, residential,
and commercial gaseous wastes, and is fur-
ther subject to pollution from such specific
sources as chemical sprays and dusts used
as pesticides and as weed and shrub inhibi-
tors; and
Whereas such atmospheric pollution can
be inimical to every form of desirable life,
including hmnan life: Therefore be .it
Resolved by the Izaak Walton League of
Amer·l ca, Inc., in 35th annual convention
assembled this 6th day of April 1957, in
May 9 .
Washington, D. c., That the governing policy In witness whereof, I have hereunto set
of the Izaak Walton League of America, Inc., my hand. Done in Wichita, Kans., this 27th
be broadened to include opposition to any day of April 1957.
and all forms of harmful atmospheric pol- 0. B. EIDSON,
lution. President, the Bar Association of the
State of ICansas.
RESOLUTION 8, POLLUTION CONTROL FUNDS Attest:
Whereas the Izaak Walton League of Amer- JOHN W. SHUART,
ica, Inc., has, throughout its history, con- Executive Secretary.
sistently supported and promoted sound
anti-pollution programs and legislation at Whereas a vacancy exists on the United
all levels of government; and States Circuit Court of Appeals for the
Whereas our rapidly increasing population,
as well as expansion of industry and all other 10th circuit by reason of the retirement of
the Honorable Walter A. Huxman: anct
human activity, is aggravating the pollution
problem at alarming rate, requiring acceler- Whereas the State of Kansas contributes
substantially to the business of said court:
ated rather than diminished pollution abate-
ment efforts, and on nationwide scope; and Now, therefore
The Bar Association of the State of Kansas
Whereas the Izaak Walton League of Amer-
ica, Inc., strongly supported the pollution requests and petitions the Honorable ANDREW
F. ScHOEPPEL and the Honorable FnANK C.
control program adopted by the United
States Congress in 1956 as Public Law 660; CARLSON, the United States Senators from
Kansas, to use their goOd offices to the end
therefore be it
Resolved, That the Izaak Walton League of that the vacancy now existing be filled or
America, Inc., in 35th annual convention given to a resident lawyer from the State
assembled this 6th day of April 1957, in of Kansas.
Washington, D. C., strongly recommends to In witness whereof, I have hereunto set
the Congress of the United States of Amer- my hand. Done in Wichita, Kans., this 27th
ica the continuance, both in function and day of April 1957.
intent, of the provisions of Public Law 660, 0. B. EIDSON,
and the provision of adequate funds to ac- President, the Bar Association of the
complish this purpose. State of Kansas.
Attest:
JOHN W. SHUART,
Executive Secretary.
RESOLUTIONS OF KANSAS BAR
ASSOCIATION To the Committee on Finance:
Be it resolved by the Bar Association of
Mr. CARLSON. Mr. President, the
Kansas Bar Association at its recent recommend the State of Kansas, That this association
meeting in Wichita adopted the follow- bill currentlypassage of the Jenkins-Keogh
under consideration, and that
ing resolutions: appropriate notice of this resolution by the
First, they went on record favoring association be communicated to the Sena-
the cre~tion of a third judgeship of the tors and Congressmen from Kansas and to
United States District Court for the the members of the Congressional committees
State of Kansas. who have the matter under consideration.
In witness whereof, I have hereunto set my
Those of us who are familiar with the
Federal court docket in Kansas appre- hand. Done in Wichita, Kans., this 27th
ciate the need for this, and I trust the day of April 1957. 0. B. EDISON,
Senate will soon·have an opportunity to President, the Bar Association of the
vote on a bill creating a new court. State of Kansas.
The second resolution requests that Attest:
a Kansan be considered for appointment JOHN W. SHUART,
to fill the vacancy, as a result of the Executive Secretary.
resignation of the Honorable Walter A.
Huxman, on the United States Court of
Appeals for the 10th Circuit. PRESERVATION OF- OLD HURON
Third, the bar association of the
State went on record recommending - CEMETERY, KANSAS CITY, KANS.,
passage of the Jenkins-Keogh bill, which AS A NATIONAL MONUMENT-
is now under consideration in the House RESOLUTION
Ways and Means Committee. Mr. CARLSON. Mr. President, I have
I ask unanimous consent that these received a copy of a resolution adopted
resolutions be printed in the RECORD, and by the United States Daughters of 1812
ref erred to the proper committees. in their State council meeting, urging
There being no objection, the resolu- that the old Huron Cemetery in Kansas
tions were received, appropriately re- City be made a national monument.
f erred, and ordered to be printed in the Early in this session I introduced a
RECORD, as follows: bill providing that this outstanding his-
To the Committee on the Judiciary: toric site be preserved for future genera-
Whereas there is now pending before Con- tions, as it is one of the old historic
gress an act to establish a third judgeship cemeteries in the State of Kansas.
of the United States District Court for
Kansas; and
It is important for the preservation of
Whereas since the pendency of such legis- this cemetery that action be taken at an
lation the work of said United States Dis- early date, and it is my hope that the
trict Court has continued to increase despite Committee on Interior and Insular Af-
the untiring work and long hours and efforts fairs will report the bill in the very near
of our present two district judges: Now, future.
therefore I present the resolution and ask unani-
The Bar Association of the State of Kan-
sas strongly urges the immediate enactment mous consent that it be printed in the
of such legislation to the end that a third RECORD, and appropriately referred.
Federal judgeship will be created for the There being no objection, the resolu-
State of Kansas. tion was referred to the Committee on
1957 CONGRESSIONAL RECORD-SENATE -
Interior and Insular Affairs, and ordered
to be printed in the RECORD, as follows:
NATIONAL SOCIETY UNITED
STATES DAUGHTERS OF 1812,
Wichita, Kans., April 30, 1957.
Senator FRANK CARLSON,
Washington, D. O.
DEAR SIR: The United States Daughters of
1812 in State council at Newton, Kans.,
March 30, 1957, adopted the following resolu-
tion:
"Whereas the United States Daughters of
1812, Kansas Society, is a patriotic organiza-
tion, one of whose purposes is the preserva-
tion of the graves of the soldiers of the
War of 1812; and
"Whereas it has been proposed that the
old Huron Cemetery in Kansas City be made
a national monument; and
"Whereas there is a grave of a soldier of
the War of 1812 in this cemetery: Therefore
be it
"Resolved by the Kansas Society of the
Daughters of 1812 in State council as-
sembled at Newton, K 1ans., March 30, 1957,
That the Kansas representatives in Con-
gress be requested to support the bill, and
that a copy of this resolution be sent to
the representatives."
Respectfully yours,
MARY M. MEARS,
(Mrs. R. B.)
State Corresponding Secretary.
AMENDMENT OF ATOMIC ENERGY
ACT OF 1954, AS AMENDED-RE-
PORT OF A COMMITTEE
Mr. ANDERSON. Mr. President, from
the Joint Committee on Atomic Energy,
I report an original bill, to amend the
Atomic Energy Act of 1954, as amended,
and for other purposes, and I submit a
report <No. 296) thereon.
The VICE PRESIDENT. The report
will be received and the bill will be placed
on the calendar.
The bill <S. 2051) to amend the Atomic
Energy Act of 1954, as amended, and for
other purposes, was read twice by its title,
and placed on the calendar.
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 re-
f erred as follows:
By Mr. GREEN:
S. 2043. A bill for the relief of Genoveffa
Migliozzi; to the Committee on the Judi-
ciary.
S. 2044. A bill to amend the Civil Service
Retirement Act to increase to 2¥2 percent the
multiplication factor for determining an-
nuities for certain Federal employees en-
gaged in hazardous duties; to the Committee
on Post Office and Civil Service.
By Mr. WILLIAMS:
S. 2045. A bill for the relief of Filomena
Ciabattoni, Francesco Ciabattoni, and Cor-
radina Ciabattoni; to the Committee on the
Judiciary.
By Mr. MARTIN of Pennsylvania:
S. 2046. A bill for the relief of Gisela S.
Hopkins; to the Committee on the Judiciary.
By Mr. NEUBERGER (for himself and
Mr. MORSE):
S. 2047. A bill to provide for the acquisition
by the United States of all tribal lands of
the Klamath Tribe of Indians; to the Com-
mittee on Interior and Insular Affairs.
6655
(See the remarks of Mr. NEUBERGER when from the tribe and have his interest in
he introduced the above bill, which appear tribal property converted into money and
under a separate heading.) paid to him, or to remain in the tribe
. By Mr.BYRD:
S. 2048. A bill for the relief of Rosanna and participate in a management plan.
Nannipieri Harper; to the Committee on the Third. Determine and select the por-
Judiciary. tion of the tribal property which, if sold
. By Mr. SMITH of New Jersey: at the appraised value, would provide
S. 2049. A bill for the relief of Gina Kneze- sufficient funds to pay the members who
vic, also known as Gina Knezevic Slodojevic;
elect to have their interests converted
to the Committee on the Judiciary. into money, arrange for the sale of such
By Mr. PURTELL:
S. 2050. A bill to provide for promotion by
property, and distribute the proceeds of
merit of employees in the postal service and sale among the members entitled there-
to establish uniform procedures for exami- to.
nation and appointment of candidates for Fourth. Cause a plan to be prepared
promotion to supervisory positions; to the in form and content satisfactory to the
Committee on Post Office and Civil Service. tribe and to the Secretary for the man-
(See the remarks of Mr. PURTELL when he
agement of tribal property retained by
introduced the above bill, which appear those persons who remain in the tribe.
under a separate heading.)
By Mr. ANDERSON: This management plan would be carried
s. 2051. A bill to amend the Atomic Energy on under a trustee, or by the tribe oper-
Act of 1954, as amended, and for other pur- ating as a corporation or other legal en-
poses; placed on the calendar. tity. ~
(See the remarks of Mr. ANDERSON when he
The foregoing actions must be com-
reported the above bill, which appear under pleted by March 31, 1958.
a separate heading.)
By Mr. KERR: At the time the termination bill was
S. 2052. A bill for the relief of Heinz passed, I expressed grave and serious
Fiu-mer; to the Committee on the Judiciary. doubts over the basic policy involved-
By Mr. KERR (for himself and Mr. although I was then a writer and a
MONRONEY): member of the Oregon State Senate,
S. 2053. A bill to authorize the construc- rather than a Member of this body. I
tion, operation, and maintenance of the Can- felt that the termination legislation was
ton project, Oklahoma, by the Secretary of too precipitate, that it had been hastily
the Interior; to the Committee on Interior
and Insular Affairs. conceived, and that it gave scant fore-
By Mr. COOPER: thought to the fate not only of the In-
S. 2054. A bill for the relief of Glen R. dians, but of the natural resources on
Bryant; to the Committee on the Judiciary. the reservation.
By Mr. JOHNSON of Texas: NATURAL RESOURCES MUST BE SAVED FROM
S. J. Res. 89. Joint resolution to authorize
DESTRUCTION
and request the President to proclaim 1 week
each year as National Junior Achievement But the 83d Congress enacted the bill
Week; to the Committee on the Judiciary. and President Eisenhower signed it. The
By Mr. SMATHERS (for himself and bill became the law of the land. It is
Mr. COTTON) : still the law of the land. Our task now
S. J. Res. 90. Joint resolution to authorize
is to try to make the best of a bad bar-
the Secretary of Commerce to sell certain gain, and to do what we can for the
coal-burning vessels to certain citizens of
welfare of the Indians, for the economy
the Federal Republic of Germany; to the
Committee on Interstate and Foreign Com- of the Klamath Basin, and for the per-
merce. manent and enduring preservation of
By Mr. COOPER: priceless resource values. As Chairman
of the Indian Affairs Subcommittee, I
s. J. Res. 91. Joint resolution placing cer-
tain individuals who served in the Armed pledge myself and my utmost efforts to
Forces of the United States in the Moro those goals.
Province, including Mindanao, and in the The forests of the Klamath Reserva-
islands of Leyte, Luzon and Samar, after tion contain approximately 3,800 million
July 4, 1902, and their survivors, in the same
board feet of tribally owned ponderosa
status as those who served in the Armed
Forces during the Philippine Insurrection and sugar pine timber growing on 590,000
acres classed as commercial timberland.
and their survivors; to the Committee on
Finance. This tribal forest, which has been op-
erated under sustained-yield manage-
ACQUISITION OF TRIBAL LANDS OF ment for many years, represents approx.
imately 90 percent of the assets of the
THE KLAMATH TRIBE OF INDIANS Klamath Indians.
Mr. NEUBERGER. Mr. President, The Committee on Interior and In-
Public Law 587, 83d Congress, approved sular Affairs and its Subcommittee on
August 13, 1954, provided for the termi- Indian Affairs held hearings on May 21
nation of Federal supervision over the and October 18, 1956, both in Washing-
property of the Klamath Tribe of In- ton, D. C., and Klamath Falls, Oreg., on
dians located in the State of Oregon the subject of the Klamath Termination
and the individual members thereof. Act. Testimony received from members
Section 5 of the law authorized the Sec- of the Klamath Tribe, from the manage-
retary of the Interior to select and con- ment specialists, from representatives of
tract with qualified management special- the Department of the Interior, and from
ists to perform the following duties: interested citizens reflected great con-
First. Cause an appraisal to be made cern about the workability of the termi-
of all tribal property showing its fair nation program. Of particular interest
market value by practical logging or to the committee were the results of the
other appropriate economic units. studies conducted by and under the di-
Second. Give each adult member of rection of the management specialists
the tribe an opportunity to withdraw which indicate that 70 percent of the
6656 CONGRESSIONAL RECORD- SENATE
Klamath Indians will elect to withdraw
from tribal membership. In order to
satisfy the claims of the withdrawees.
it is estimated that the provisions of sec-
tion 5 of Public Law 587 may require the
sale of almost 2.7 billion board feet of
sawtimber during a period of less than 1
year. These sales would undoubtedly
glut the timber market in the Klamath
Basin, bring greatly reduced stumpage
prices to the Indians, and virtually de-
stroy a sustained-yield forest capable of
furnishing millions of board feet of tim-
ber annually.
BILL HAS PASSED SENATE TO DEFER LIQUIDATION
The damage to the watershed, to wild-
life and waterfowl and to lasting forest
management under such circumstances
would be unthinkable.
It was obvious to the committee that
an amendment to extend the final ter-
mination date was necessary and, in ad-
dition, that other corrective measures
were desirable in order to carry out the
termination in a manner which will safe-
guard the. interests of the Indians and
the community in which they live.
In January of this year I introduced,
on behalf of my colleague, the senior
Senator from Oregon [Mr. MORSE], and
myself. Senate bill 469, which provided.
among other things, that the sales of
tribal property would be delayed until
the end of the 2d session of the 85th
Congress. Senate bill. 459 has passed
the Senate and I trust will shortly be
acted upon by the House, although some
House amendments to it are disturbing
and inadvisable. as I see it.
By postponing the sales of Klamath
timberlands, Congress will afford itself
an opportunity to consider alternative
means of protecting the economy and
preserving good conservation practices
in the Klamath River Basin. One alter-
native which has been suggested by the
management specialists, and by many
interested groups in Oregon, is that the
Federal Government purchase all of the
Klamath tribal property, and provide for
continued sustained-yield management
of the tribal forest. I may say that I,
too, believe this procedure to be in the
best interests of all parties concerned.
Therefore, I am today introducing pro-
posed legislation on behalf of my col-
league, the senior Senator from Oregon
[Mr. MORSE] and myself, designed to ac-
complish the fallowing purposes:
First. Provide for purchase by the
Secretary of the Interior of all Klamath
tribal lands at the fair market value
thereof.
Second. Establish a 3-man appraisal
board to determine the fair market value
of the tribal lands and report to the
Interior Committees of each Chamber
during the 85th Congress its findings.
Third. Transfer the timberlands, upon
acquisition, to the Forest Service of the
Department o! Agriculture for consoli-
dation and management by that agency,
as national-forest lands.
Fourth. Provide that lands, other than
timberlands, shall be sold on a competi-
tive-bid basis with a priority right for
the members of the tribe to purchase
such lands.
Fifth. Provide for the administration
of the 70,000-acre Klamath marsh by
the Fish and Wildlife Service of the De-
partment of the Interior, for waterfO\vl
sanctuary and nesting purposes. . "(d) 'Tribal property' means any personal
Sixth. Authorize necessary appropria-
tions to carry out the terms of the act
and provide for payment to the indi-
vidual Indians, within 1 year after Fed-
eral acquisition, their pro rata share of
the purchase price of the tribal property.
In view of the relatively short time
remaining in the Klamath terminal pro-
gram, I believe it is essential this legisla-
tion be introduced, and that the views
of the administration, the Indians, and
conservation groups be obtained through
early hearings, so that Congress may
enact a bill which wm conserve the very
substantial pine forests on the reserva-
. tion for future generations, and, at the
same time, provide fair payment to the
Indians for their assets.
FAIR TREATMENT FOR INDIANS MUST BE A
MAJOR GOAL
As a conservationist and as a lifelong
resident of the State of Oregon, I feel
that this proposed legislation is urgently
necessary. To cut adrift the great Pon-
derosa pine forest, to say nothing of
abandoning the irreplaceable marsh-
lands, would be to default on all our
obligations to future generations of peo-
ple not only in Oregon, but throughout
the Nation. We are merely the tempo-
rary custodians of resources such as this.
They are not ours to surrender for utter
destruction and exploitation. I believe
the solution posed in our proposed bill
will secure the maximum possible price
for the Indians of the Klamath Tribe,
without sacrificing to cut-out-and-get-
out methods of logging these vast soli-
tudes of pine timber. Surely, the Con-
gress of the United States and the Presi-
dent of the United States cannot fail to
join with us in such an objective.
Furthermore, I want to express here
my full confidence that, once the Indian
stumpage is added to contiguous national
forests, it will be managed with ability
and with faithfulness to sound conserva-
tion and marketing principles by the ded-
icated officials and personnel of the
United States Forest Service.
Mr. President, I introduce a bill to
provide for the acquisition by the United
States of all tribal lands of the Klamath
Tribe of Indians, wit'h the request that
the bill be printed in the RECORD follow-
ing my remarks, and that it be appro-
priately referred.
The VICE PRESIDENT. The bill will
be received and appropriately referred;
and, without objection, the bill will be
printed in the RECORD.
The bill <S. 2047) to provide for the
acquisition by the United States of all
tribal lands of the Klamath Tribe of
Indians, introduced by Mr. NEUBERGER
(for himself and Mr. MORSE) , was re-
ceived, read twice by its title, referred to
the Committee on Interior and Insular
Affairs, and ordered to be printed in the
· of this act which consists of timberlands
RECORD, as follows:
Be it enacted, etc., That (a) section 2 of the
act entitled "An act to provide for the ter-
mination of Federal supervision over the
property of the Klamath Tribe of Indians
located in the State of Oregon and the in-
dividual members thereof, and for other
purposes", approved August 13, 1954 (68 Stat.
May 9
718), is amended by striking out paragraphs
( d) and (e) of such section and inserting
in lieu thereof the following:
property, or any interest in personal prop-
erty, that belongs to the tribe and either is
held by the United States in trust for the
tribe or is subject to a restriction against
alienation imposed by the United States.
"(e) 'Adult' means a person who is an
adult according to the law of the place of
his residence.
"(f) 'Tribal lands' mean .my real prop-
erty, interests therein, or improvements
thereon, including timber and water rights,
which belong to the tribe and either is held
by the United States in trust for the tribe
or is subject to a restriction against aliena-
tion imposed by the United States."
(b) The first paragraph of subsection (a)
of section 5 of such act is amended by strik-
ing out "by practicable logging or other
appropriate economic un!ts."
( c) Section 12 of such act is amended by
striking out "transfer of title to tribal prop-
erty to a trustee, ccrporation, or other legal
entity pursuant to section 6 of this act" and
inserting in lieu thereof "acquisition by the
Secretary of the tribal lands referred to in
this act."
( d) Such act is amended by adding at the
end thereof the following new sections:
"SEC. 27. Notwithstanding any other pro-
vision of this act, the Secretary shall pur-
chase from the Klamath Indian Tribe all
tribal lands of such tribe at the fair market
value thereof as determined in accordance
with the provisions of section 28 of this act.
"SEC. 28. (a) There ls hereby established
an appraisal board to be composed of three
qualified appraisers who have had wide ex-
perience in the valuation of timberlands,
agricultural lands, and grazing lands, one
of whom shall be appointed by the Secretary
of the Interior and one of whom shall be
appointed by the Secretary of Agriculture.
The third member of the board shall be
elected by the Klamath Tribe by popular
vote of the enrolled adult members of the
Klamath Tribe taken by secret ballot.
"(b) It shall be the duty of the appraisal
board to determine the fair market value of
all tribal lands of the Klamath Tribe, and to
report to the Committee on Interior and
Insular Affairs of each House of the Con-
gress during the 85th Congress the results of
such determination. Such report shall be
submitted to both committees on the same
day. In the event of disagreement among
members of the appraisal board as to the
fair market value, such value shall be de-
termined by a majority of the board.
" (c) The appraisal provided for under this
section shall become effective upon the ex-
piration of a period of 60 calendar days of
continuous session of the Congress following
the date on which the appraisal board re-
ports to such committees the results of its
determination in accordance with the provi-
sions of this section. For the purposes of
this section-
" ( ! ) continuity of session shall be con-
sidered as broken only by an adjournment
of the Congress sine die; but
"(2) in the computation of the 60-day
period there shall be excluded the days on
which either House is not in session because
of an adjournment of more than 3 days to a.
day certain.
"SEC. 29. (a) Any part of the tract of
tribal lands acquired pursuant to section 27
under sustained-yield management shall be
transferred to and administered by the For-
est Service of the Department of Agriculture
as national forest lands. Such lands shall be
administered in the same manner and to
the same extent as are other national forest
lands, and shall be subject to the same laws
applicable to other national forest lands.
 CONGRESSIONAL RECORD- SENATE •6657
"(b) The Seeremry -of Agriculture :ls nu- .opportuni.1iY fo1' Jm)m.OtiDn sole!Y .on the .NOTICE OF HEARINGS ON £MALL
thorized -and empower.eel,. under general xeg- basis of demonstrat.ed ability 1tnd Aength BUSINESS LEGISLATION
ulations established by him. to permit the of semce..
use of r.ights-Iif-way "'through 1ands referred MT. 'CLARK~ Mr. P.resldent, on be-
'to in this 'Sectiun fm berrefietal pUTposes. I believe the passage of this measw."e ha1f of ·t he Su'boommittee on ·small Busi-
"SEC. 30. (a) Any remaining triba1 land-s will do muck ti0 build morale, to stimu- ness cl the Oomm'ittee on Banking and
aoqu'll".ed pursuant to ,section 27 -Of this .act, late and encow-age clerks and carriers Currency, I desire to give notice ·that
other than ~nds :referred to :in su~ct.ilm to advance in the service. Merit pro- -open hearings will b.e beld ()ll S. 55. S. 244,
(b) of this section, shall be sold 'O.ll a com- motlo.tl, wittl ~onsider.ation giv.en to
petitiv,e bid basis, 'tl'X-eept that, any member s. 246, s. ~o. s. 545.. s. n9., s. :v20. s. 17'52.
length of .service fnr all qualified by ex- S. 1739, S. 1992,, and any other bills which
enrolled under .section 3 of this act who mnination, is only faiT .and just.
wishes to purcnase any of the agricultural may be referred subsequently '.to the sub-
or 'gra~n-g lands comprtsing "Such rematning "'Tih'is :measure, if _enacted, will provide . committee. These hea.ring-s will begin
tribal lands 'Shain have 'It priority right to incentive to present and future employees .at 10 ,a. m. cm Monday., .June 3., 1~57, in
purchase .J3.llY part of such lauds .far .not less iio prepare for B.dvatreement with the as- J:'oom 301, Senate Office Building, .antl
than the highest offer received by competi- .sur,ance that, when ofherw.IBe qualified, will continue for sever.al days thereafter.
tiv.e hid, .and to ~ly toward the purchase length of service will be a factor in pro- AU persons who desire to appear and
price· all or any pa-rt of the .sum payable to motion.
such member pursuant to section ~1 of this testify at the hearing-s are requested to
This measure calls for a procedure nGtify Mr. J. H. Yingling, chief clerk,
act.
"{b) 'That portion uf the tract of tribal that is .! alir arui ju.st. .It :provides an Committee on Banking and Cuvrency,
lands acquired pursuant to :sedlon .27 of this equitable way for adJ.7.ancement through r.oom "3n3, Senate Office Building, tele-
act comprising appr.oximatiely 7D~OOO aeres nf the ranks of the pastal service. phone National 8-3120, extension 836,
Kianrath marshlands shall be admi:DJs~red I am pleased to report th.at this i.s the not later than Friday, May 24, l95'l.
by the Fish anci WildlHe Service of tlte same measure to which the Senate Post
Department of the .Interior. Office and Civil Service Committee gave
"SEC• .31. Notwithstand.lng any other pro-
a unanimous favorable report upon its NOTICE OF HEARINGS ON SECU-
-vision of this act, the "Secretary shall _pay, nt
the earUest prareticable time but in no event ·first intro<il.!Ction in the 83-d C0ngress. I RIT.IES .MATTERS
1ater than 1 year after the acquisition lby the trust it will be speedTiy coDSidered by Mr. ·LAUSCHE. "Mr. President, the
United states of the trlba11aniis r.eierred to ttie .committee to which it is referred. Securities Subcommittee of the Commit-
in thiS act_, to .eaell member of the Kl:amath The VICE PRESIDENT. The bill will tee on Banklng and Currency willl begin
Tribe enrolled pursuant to section 3 of this be received and appmpriately r-ef erred. J>Ub1ic hearings on M.ay 2-0 <>n the follow-
act, or te his heirs., his pr.a ra.ta share Gf the The bill CS. 2050) to prov,i de for pro-
purchase price or such tribal lands. ing subject matters:
motion by merit of employees in the
"SEC. 32. There are 'hereby authorized to
postal .servi-ce and to -establish uniform . First. Proxy solicitations, including
be appropdated, 'OUt of any money in the 8. 594-Cit.PEMAR1:'-and S. 1601-CAPE-
Tl"easury not otherwise >0.ppropri'fl.ted such procedw:es for ex.aminatiun and 11,ppoint-
BARX.
sums as :may be necessary to carry out the men t of candidates for promotion to ,su-
provisions of this act:" pervisory positions, introduced by Mr. Second. I:i;icrease in the exemptlve
PURTELL, was received, read twice by its limit for registration of securities, in-
Mr~ MORSE. Mr. President, will the cluding S. 810--:-THYE-and S. 843-
title. and refeued to the Committee on
Senator-yield? Post Office and Civil Service. SPARKMAN.
Mr4 NEUBERGER. I yield. Extending SEC jurisdiction to eertain
'Mr .MORSE. .I congratulate my col- securities traded over the counter, in-
leagu~ for th-e introduction of the bill, AMENDMENT OF FAIR LABOR -eluding s. 1168-FULiffiIGHT.
so that early hearings can .be held. We BT.ANDARDS ACT, RELATING TO Anyone interested in testifying be-
are not married to any provision of it, CERTAIN EXEMPTIONS-ADDI- fore the subcommittee on any of these
if the hearings can show it needs to be T.IONAL OOSPONSOR OF .BrLL topics should so indicate 'in writing to
modified in any way; but it is ;a sound 'Mr. J. H. Yingling, -chief clerk, Senate
bill in the main.. and I think the junior Mt'. ·FH.EAR. Mr. President, the next .Committee on Banking and Currency.
Senator from Oregon :should be con- time it is printed., I .ask unanimous con- 303 Senate Office "Building, Washington,
gratnlated -on the statesmanship he has .sent that the name of .the junior .Sena- D. C., as soon as possible, and no later
exercised in regard to this highzy con- tor from Maryland [Mr. BEALL] may be than Friday, May 24, 1957.
troversial issue, in the State of Oregon. added a1) a -cosponsor of the biU <S. 2022)
to amend section n of 'the .Fair Labor
Standards Act of 1938, as amended, to NOTICE CONCERNING CERTAIN
PROMOTION BY MERIT OF .CERTAIN provide an exemption fr-0m the minimum
wages, maximum huurs, -and child labor NOMINATIONS BEFORE COMMIT-
POSTAL EMPLOYEES
TEE ON THE JUDICIARY
.Mr. PURTELL. Mr. President, I intr-o- provisions of such act with respect to
duce, for .appropriate r.ef erence, a bill hGmeworker.s engaged Jn the making Df Mr. McCLELLAN. Mr. Pr-esldent, the
to pr.ovliie for prom.otion by merit of em- natw-a1 holly. plne, cedar, or other ever- following nominations have been re-
ployees in the p,ostaLservice .anGi to estab- .g reen wreaths, introduced by me, for fer.red bo and are now pending before the
lish uniform pr,ocedures f..QI examination myself. my colleague, the senior Sena- Committee on the Judiciary:
and appolnt.ment of candida.tes for pm- tor from Deiaw.are tMr. WILLIAMS], and Maurice Augustus Crews, of Pennsy1-
motion to supervisory positions. the .senior Senator from Maryland IMr. vania.. to be an Assistant Commlssiuner
This bill ls substantiaUy the same as Bu.n.E.a1 on May 8.. .19'57. of Patents, vlce Arthur W. Crocker, ele-
the measure 1 introoueed in the 83d Con- The VICE PRESIDENT. Without ob- vated.
gress, 'known as S. 2244, .and in the '84th jection, it is 'SO -urdered. Lloyd R .Burke, of California, to te
Congress, known as s ·. 155. United States 'attorney ·f or the northern
This pr.o-_posal, if enacted-. would' pro- ADDRESSES, EDITORIALS, ARTI- district of California for a term of 4
vide promotion by merit f.or regular -years-rea-ppointment.
CLES, ETC., PRINTED lN THE Frederick W, Kaess, .oiEchigan. to be
.clerks .and .carriers in grade 'i and above, RECORD
.in .fir.st- ·and seeond-.class post ()ffices. United States attorney for the ea.stern
In order to quaUfy for pr-0.motion. each On request, and by unanimous cDn- district of .Mi.erugan for a term oi 4
candid.ate must .p ass a regular examina- sent, addresses~ editorials, articles, etc., years-reappointment.
UQll designed to measure the ability -0f were Qrdered to be printed in tbeREcoRD, William 13. Somers, of North Carolina,
the candidate to perform the duties .of as follDws; fo be United 'States marshal for the mid-
the ,position.. .includillg the ability to J.ead .By Mr . .JENNER: dle .distri.ct of NDrth Carolina io.r ,a term
.and ili.reet the work of -Others. Credit Address delivered by hlm befor.e the of 4 y.ears-.reappointmen.t.
would also be given f.or prior serv,ic.e as Daughters of the .Amer.lean .Revolut1on. April · Albert WA .:Saegert, of Texa.s~ ~ be
a classified employee of the Postal 16,Statement 1957.
prepared by Mm regar.ding tbe
United States .mal'shal !Dr tbe western
service. tours nf D.izl!:y Gillesple and hls Jm.ra band. district of Texas fnr a ter.m o! 4 years-
The adoption Df this llr.opi>sed legis- ArtieJe entitled ~·11ow You Can Stop Big reappointment.
lation wm assure to all regular clerks Spending," written by him, and plibl'ished ln George W. Beach, of New Mexico, to
and -carriers in grade 7 and above the Human Events for March 16, 1957. be United States marshal for tne district
6658 CONGRESSIONAL RECORD - SENATE
of New Mexico for a term of 4 years-
reappointment.
Noah W. Riley of Wyoming, to be
United States marshal for the district of
Wyoming for a term of 4 years-reap-
pointment.
William E. Smith, of New York, to be
United States marshal for the eastern
district of New York for a term of 4
years-reappointment.
William Budd Parsons, of Washing-
ton, to be United States marshal for the
western district of Washington for a
term of 4 years-reappointment.
Saul Hale Clark, of Idaho, to be United
States marshal for the district of Idaho
for a term of 4 years-reappointment.
John 0. Henderson, of New York, to
be United States attorney for the western
district of New York for a term of 4
years-reappointment.
On behalf of the Committee on the
Judiciary notice is hereby given to all
persons interested in these nominations
to file with the committee, in writing,
on or before Friday, May 17, 1957, any
representations or objections they may
wish to present concerning the above
nominations, with a further statement
whether it is their intention to appear at
any hearings which may be scheduled.
CONTINUANCE CF SCHOOL-LUNCH
PAYMENTS FOR NEEDY INDIAN
CHILDREN
Mr. MURRAY. Mr. President, consid-
erable interest has been expressed in my
bill, S. 1787, to amend Public Law 874,
81st Congress, in order to revise the pro-
visions with respect to certain payments
for the education of Indian children. I
- have prepared a brief statement explain-
ing the purpose of thL bill, which is be-
fore the Labor and Public Welfare Com-
mittee. I ask unanimous consent to
have the statement printed in the
RECORD.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
THE PURPOSE OF S. 1787
S. 1787 amends Public Law 874, the Fed-
eral impact school bill, to provide for con-
tinuance of school-lunch payments for needy
Indian children under the Indian Education
Act (Johnson-O'Malley Act---48 Stat. 596),
even though the school district is reimbursed
from Public Law 874 funds.
At present, by interpretation of the Indian
Bureau, if a school district receives funds for
the education of Indian children under
Public Law 874, it cannot receive funds for
school lunches for needy Indian children
under the Johnson-O'Malley Act.
S. 1787 further eliminates the clause
(sec. 10) in Public Law 874 which provides
that the governor of any State must decide
whether all districts concerned in his State
shall be under Public Law 874, or all under
Johnson-O'Malley for education of Indian
children.
Some districts in certain States prefer one
method, some prefer the other. The gover-
nor should not have to decide to the ad-
vantage of some, against the advantage of
the others. This decision should be left to
the local school boards concerned.
Mr. JOHNSON of Texas. Mr. Presi·
dent, if no other Senator desires to ad-
dress the Senate at this time, I suggest
the absence of a quorum.
May 9
The VICE PRESIDENT. The Secre- Mr. KNOWLAND. Have the yeas and
tary will call the roll. nays been ordered on this question?
The Chief Clerk proceeded to call the The ACTING PRESIDENT pro tem-
roll. pore. The yeas and nays have not been
ordered.
RECESS Mr. KNOWLAND. Mr. President, I
ask that the yeas and nays be ordered
Mr. JOHNSON of Texas. Mr. Presi- on this question.
dent, I ask unanimous consent that the The ACTING PRESIDENT pro tem-
order for the quorum call be rescinded. pore. Is there a sufficient second?
The VICE PRESIDENT. Without ob- The yeas and nays were ordered.
jection, it is so ordered.
Mr. JOHNSON of Texas. Under the
previous order, the Senate is to take a RESIGNATION OF CHIEF OF POLICE
recess, subject to the call of the Chair, JOHN W. POLCYN, OF MILWAUKEE
and is then to proceed to the Hall of the - Mr. WILEY. Mr. President, as ill leg-
House of Representatives. islative session, I wish to take a few
At 12 o'clock and 15 minutes p. m., minutes of the time of the Senate to
pursuant to the order previously entered, speak about a very humble but out-
the Senate took a recess, subject to the standing citizen of my State.
call of the Chair. Last Sunday's newspapers in Milwau-
kee carried the news of the resignation,
JOINT MEETING OF THE TWO because of ill health, of the man who has
been well described as "the foremost
HOUSES-ADDRESS BY PRES!- police chief in the country." He is Chief
DENT OF VIETNAM John W. Polcyn, who, for 11 years and 9
Thereupon, the Senate, preceded by months, has served as the No. 1 law-
the Secretary (Felton M. Johnston), the enforcement officer of Wisconsin's larg-
Sergeant at Arms (Joseph C. Duke), the est city.
Vice President, and the President pro John W. Polcyn gave Milwaukee a po-
tempore, proceeded to the Hall of the lice department which rightly excited
House of Representatives for the pur- the admiration of the Nation. It has
pose of attending the joint meeting to won 18 awards from civic, fraternal, re-
hear the address to be delivered by His ligious, and military organizations.
Excellency Ngo Dinh Diem, President of Chief Polcyn received deserved trib-
Vietnam. utes from America's top investigative
(For the address delivered by the officer, the Honorable J. Edgar Hoover,
President of Vietnam, see pp. 6699-6700 Director of the Federal Bureau of Inves-
of the House proceedings in today's CON- tigation, as well as from our United
GRESSIONAL RECORD.) States Senate Crime Committee back in
The Senate returned to its Chamber 1951.
at 1 o'clock and 4 minutes p. m., and Chief Polcyn came to Milwaukee in
reassembled in executive session when 1909. He joined the Marine Corps a year
called to order by SPESSARD L. HOLLAND, later, serving from July 1910 to mid-
a Senator f.1.0m the State of Florida. 1914. Iils Marine Corps trainint; helped
him to develop the qualities of leader-
ship characteristic of that great arm, as
DESIGNATION OF ACTING PRESI- well as of the Milwaukee police force-
DENT PRO TEMPORE
absolute devotion to duty, a body and a
The legislative clerk read the follow- soul trained for efficiency, personal cour-
ing letter: age, and a desire to accomplish tasks in
UNITED STATES SENATE, the best, fastest, and cleanest possible
Washington, D. C., May 9, 1957. way.
To the Senate: In drawing attention to Chief Polcyn,
Being temporarily absent from the Senate, I should like to say, simultaneously, a
I appoint Hon. SPESSARD L. HOLLAND, a Sen- good word for other law-enforcement
ator from the State of Florida, to perform
the duties of the Chair during my absence. officers, perhaps less well known, but
CARL HAYDEN, who, Chief Polcyn would be the very first
President pro te-m pore. to agree, likewise deserve our commen-
dation and that of public officials and
Mr. HOLLAND thereupon took the citizens alike.
chair as Acting President pro tempore.
Mr. President, I must say that when
criminals went to Milwaukee they did
DIPJJOMATIC AND FOREIGN not remain ther.e very long. Their
prompt departure was due to the men in
SERVICE humble offices who have dedicated them-
The ACTING PRESIDENT pro tem- selves to the service of their community.
pore. The Senate is in executive session, In the towns and cities of my State
and has before it the nomination of and of the other 47 States of the Union
Scott McLeod, of New Hampshire, to be are police chiefs, sheriffs, district attor-
Ambassador Extraordinary and Pleni- neys, judges, and other individuals en-
potentiary of the United States of Amer- gaged in the law enforcement process
ica to Ireland. The question is, Will the who all too rarely receive the public rec-
Senate advise and consent to this nomi- ognition they deserve. Not only do they
nation? get little praise, but usually they receive
Mr. KNOWLAND. Mr. President, a very small salaries, as well, and partici-
parliamentary inquiry. pate in retirement programs which are
The ACTING PRESIDENT pro tem- modest, to say the least.
pore. The Senator from California will We know that, with 2% million
state it. crimes committed each year this country
 1957- 'CONGRESSIONAL llECOBD - SENA.TE 6659
certainly must impl"()R it:s .recoTd in the Clan'esponden.U .Assoctation.. 1LDd member of {From rthe Richmond (Va.) ~mes-llispab::h
ease of .adult aime and juvenile !Cl'ime. the hoard 'Of direct.om of -the ..NA-vy J::ieague. 0f April 15, 19571
·Ta,yior bas been 9.W.Bll'ded. the Alfred I.
But we shall not :succeed in doing .so Dupoat :radio mr.d, .a Wa:r Department
AN A'BI.E "VnttrrNYAW l\PPoDl'TED
until., amang ..other steps, we -ha~ · ~­ dtatkm !er eonsptcnons -service .in :mm.bat Nomination of lienry J. Taylor as Am·
corded 'to our law-enforcement ag-ents theaters. ·and the Goili Medal o.f the .Freedom baissauor to Swimerland llrtngs into the
up <and down the line, ine1uding the Foundation. diplomatic serivloe a citizen <Of Virginia who
·patrolmt!n on the b1'at or in the pr.owl :His literary -output fno!.u.des :five bDOl{S, is well-quallfteci.i'or the ,poSt to which he has
.been named. .Mr. T.a.ylor is .actually an au-
car, the deputy sheriff .and .others, the articles tor many national mage,zt.nes :uid
thority on Switzerland and the Swiss-a. too
honor and r.espect which each .aiad every contiiibutit>ns 'to ceconomic lourna1s in ibe
United States, .England, SWitzerland, mid .rar.e quality ln an .Ambassador. He made
one deserves. .Sw.ed'en. three separate .studies of the Swiss economy
Every .American youngster should over a perlod of .some .15 years, .and .is highly
hold i.n -esteem the men who wear a r.e,garded there.
badge to protect him and his family, the fFrom "tire Cleveland (Ohio) .Plain Deal~r of 1\ graduate 'Of the University .of Virginia
men who are willing to lay down their April '7, 1957] who made .a .co~icuous .success in journal-
fives, if necessary, to protect public .BaEAKS THE ROIJ'liINE lsm and .radio. as well as in the business
With the appointment of Henry J. T.aylmr, world, "Harry" T.a.ylor is al.so a w.ell-known
safety. writer of books. .He has been a Iorel_gn car-
T.her.e "3.re few finer m-0de1s for ourwriter aind racUo commentator, :as A'mbassa-
dor to :Switzerlam.d, comes a Wlllcome change .respondent ln every pal't of the wotld, and
y-0ungsters to follow than Chief John W. from the routine cype of recent assignment he brings to the filplamatlc post to -which
Polcyn. of party contributors to .key posts abroad. lle has been named a wide knowledge of in-
The post at Bern .is an .1mpartant ll>ne. ternational affairs and a tough-minded r~­
gard far the interests of the United .S tates.
NOMINATION OF .HENRY J . .TAYLOR, -Switzerland is no gre:at power, but it has tbe Unless Mr. Taylor bas changed his vlews
OP VIRGINIA, ·r o BE AMBASSADOR Iiistinetion of maintaining a "Stable .curreney . of 1a:te, be is more conservative than Presi-
through the ups .and downs 'Of full; century,
'IO SWITZERLAND be1ng centrally located .on the Continent and dent Eisenhower in his attitude toward tne
spending of American dollars for foreign
Mr. BRICKER. Mr. President, foi- a t:euter of lntennational bu.siruss. aid. ln his broadcasts and newspaper and
· t· f M -Taylor will qualify, for besides being a
lowing the vo t eon th e nomma wn-0 :r. pul'itical ·w.riter-.he was ·also ;a war carre- magazine articles over a long period .he de-
Scott McLeod to be Ambassador ·to Ire- spondent-he has written ~xt.ensiv.ely on plored the lavish expenditure c1f 'Federal
land,, there will come hefore the Senate .ooonomtc tID:pics a.nd 'is prominent tn Amer- ·funds overseas. Since Switzerland ls ·just
the nomlnati~m of Henry 3. Taylor to be 1can banking and 'industriaJ. life. He is a -about 'the only country 1n 'tlle world that
isn't seeking American largesse, and .never
Ambassador of the United Sta.tes to trustee for the Marihatt.B:n Savings Bank and has sought it, ·as far as we are aware~ the
Switrerland. I have before me a num- - ell'8.1rman of the Silicone Pa:per Company nf post -at Berne is a fitting one for a man
ber of resolutions and Mtic1es, pub1ished America. }?:aving Mr. Taylor's views.
in various newspapers-:particularly an The nominee fol' the Swiss ambassador-
article from the Colum:ms, Ohlo, Dis- .[From the New York Daily New.s] - ship ts not a nstive of Vil'ginia .but .he has
patcla-J.n. .regard to Mr. Ta.ylar. I ask BET'l:ER CoNFIRM TAYLOR become a citizen of the Sta'te. He has a
unanimous consent that the editoriaJs home outside Ch'Rrlottesvme.
State A"ttorney General Louis J. Lefko- , He ts a Republican, not only by convic-
and articles be printed at this point .in witz uncovers a plot by Iron CUrtai'in inter- Uion but by inherit"ane'e. One of his grand-
the.RECORD. ests to buy voting control of vartous United fathers signed the petition for Abraham
There being no {)b§ection, the editorial States corpor.ations producing materials v1- Lincoln to run f1'-r President in 1'800 -and
tal to our na"tional defense.
and arttcles were urdered to be printed The deal was to be engineered through
another was a law paz-tner of Rutherford B.
in the R.EcDRn, as Ioliows: Hayes.
tw~ Swiss banks aiteg.ed to be using fUnds
Their grandson brings to his new task in
[.Fram the Columbus (Ollk>J Dispatch ()f from behind ·the curtain. Some important Europe a razor s1i-arp mind, an attractive
April 21, 1957j detans are as yet undisclosed. personruity, and a broad lmowledge -of world
..NEW EN"VOY KNnWN ~N -COLUMBUS . This ls oae more reason, we think, why the affairs, plus .a special acquaintance with the
Henry J. Taylor, United States Ambassa- Senar'te should ccmfi:rm Pret>ident "Eisenhow- eoonomi~. social, anci politica.l pr()biems of
dor-elee~ to SWitzerl-am:l, spent many boy-
er•s ·nominaticm -of Henry J. Taylo-r as t>ur the country to w.hich he will be ac.credited.
hooo days in Columbus and has rrequent'iy next Ambassador to Switzerland. Mr . .Eisenhower ch-0se wisely when .be gave
visited and lectured here. Switzer1anii, bestdes being one of Europ~·s Henry Taylor the portfoliu at Berne.
Although a n~'ttve Chicagoan, Taylor is best observation posts, is a center of world-
-the grandson of the late EdwaTd L. Tay1or, wide banking operations, some of •them
shady. '[From the Kansas City Star of April 22, 1957]
who former1y lived at '331 East °T{)Wn Street,
and maintained a Co1umbus law office with Mr. Taylor ls a successful businessman and To A KEY POST 'IN .EUROPE
bis brother, Henry C. Taylor. His uncle was a deep student of economics, has been a F.or Ambassador to Switzerland, the listen-
Ed.ward L. Taylor, Jr., forme-r congressm1:tn "ShTewd waT corres,pondent and .radio com- ing post of Europe, the President m"O.de a
from this district. mentator, and has innumerab1e contacts unique selection. .Henry J. Taylor 1s a con-
Livingston L. Taylor, 1400 East Broad throughout the world. He looks like a nat- summate listener, a reporter" -columnist. and
'Street, son oY Henry C. Taylur, recalled tlmt ural for the sensitive a.nd .highly important commentator. .An.d of .special interest to
the new Ambassador-elect oft-en visited 'Rt Swiss ambassadorship. Kansas Ci ti.ans. this was his home through
bi-s grandfather's home here -and has ref-ern!d his impressionable teen-age years. He still
to Columma foncHy, if not quite accurately, [From the New Y.Qr.k .Jo'Qrnal~Amertcan of .refers to himself .as a Kansas Citian.
as his "hometown." April 16, 1-0S"l] The a.ppaintment departs from the normal
Taylor's appointment to diplomatic service jll'ocedure of appointing -either Sta.lie De-
HENRY J. TAYL0R
for the -United 'States ls a new rGle not unre- ,partment career ~en ar "the fat ca.ts of the
lated to his other aehi-ev.em-ents 11,s newsman, Presld~nt Eisenhower's '8.ppolntment ,of political party in power. Ta-yJor was born
author, radio commentator, banker. and Henry J. Taylor as Ambassador to 'Switzer- .to a family of industria.lists .and he bas very
industrialist. lan-d brings Into our dlp1omatlc service a .substantial business interests o-f his own.
He is probably best known to the public man of extraordinary attainment. .But his life interest has been in the drama
for his warti.m.e service as correspondent in In the newspaper business we .know Mr. of world .and .national -events. Ahead -of
a scor~ of countries and for his lon,gtime Taylor chiefly far 1lis outstanding .record as World War II he was an experiienced inter-
stint, from 1-945 until just recently, on the '8. 'foreign and war correspondent. He was preter of international intrigue .and gained
· Gener.al Mators radio program, "Your Land not only .a good r.eporter.. he was-and ls-- .a reputation of pr.ophecy. He predicted not
and Mine. .a talented :wrlter. only the Nazi :war intentions 'but the -pla:n
Taylor is -a member of the advi'sory board With these qualities lt ls not .strange th.at of battle on lanci and sea..
-0f the Chemiklal Bank & Trust Co., New Y.ork Mr. Taylor became .a lively r.adio ccnnmen- Be covered the w-a.r for the N-orth Ameri-
City. trustee of l\4anhatta.n Savings .Bank, tator and the .author of a number of ,pr-0- can Newspaper Aflianoe and had his experi-
director of the Cllnchfield Coal Co,, and Yocatlve l>ooks. W.hat ls unusual 1n this ences with ~ies.. including .an attack by
board. ctia!rman of the Silicone PaJ>er Com- day of specialization is that his interests .and Gestapo .agents when he WAS in a Turkish
pany 'Of America. a"bTiitles led b.lm to become a respected econ- .hospital. General .Eisenhower became wen
He ls -a life'ti~ trustee of the develop- omist and .succ.essl"ul bu.sln.essm.an. • acquainted w.ith his abilities 'Wilen Taylor
:ment .: fund Df his ,alma m:ater~ the Univ.ersity Th.e .Pr.esi.dent .recently sa.ld ~" Taylor was covered tbe .lilied headquarters. :He is at
of Virginia; itlnlstee Qf New Ynrk Med.ical .a man for w.ho.m. .he had helci "oonsid.erable home ianyw.her~.
College and the F-..k>wer and li'iftill. ~'Venue .admiration far a lon.g time." We hav-e~ t,cx,. What.ever inf'Ot'.ID8.t1o.n Js -going around the
Hospitals; a director of the Thomas .Jett"en;mn We hope the Senate speedily confkms :the Swiss lnternatio.nal ii:stening past will be wall
. Memorial .Association 4tnd Amer.I.can War appointment. knawn to 'the .American Ambassador. Of
6660 CONGRESSIONAL RECORD -
that we are confident. We are also confident
that he will be an excellent representative
of the United States 1n every way.
[From the Birmingham (Ala.) Post-Herald
of April 15, 1957]
HENRY J. TAYLOR
The President is under fire for some of
his recent political appointments to diplo-
matic posts. Certainly anything which
weakens our diplomatic career service is to
be deplored, especially when the United
States has assumed such gigantic respon-
sibilities abroad.
The test, however, is capability rather than
mere membershiI' in the State Department's
professional foreign service. Though the
career man usually is far better fitted for
the job than the typical political appo.intee,
who is being rewarded for party service or
because the Presldent happens to like him,
there are exceptions.
Henry J. Taylor, of New York, the Presi-
dent's choice for Ambassador to Switzerland,
ls one.
Mr. Taylor has special qualifications which
most political appointees-and some career
diplomats, indeed-lack. He is a veteran
foreign correspondent for press and radio of
world experience. He is an economist and
author of international standing. He is an
industrialist.
The Bern post is unique. Its importance
greatly exceeds the size and political power
of Switzerland, because that country is a
world banker, the seat of international eco-
nomic organizations, and a general "listening
post" of Europe.
Mr. Taylor may be inexperienced in some
of the unimportant protocol aspects of
diplomacy, but the Swiss will find ~im very
much of a professional in their special fields.
He will represent the United States abiy.
THESE DAYS
(By George E. Sokolsky)
AMBASSADORS AND PRESS AGENTS
When the President presses for all that
money for USIA, he is extolling the work of
press agents who have not established their
value in international relations. Had they
done as well as the President seems to feel,
the United States would have had more
friends abroad and Soviet Russia would be
buried beneath a pyre of words and pictures.
Think of what would be done for Marilyn
Monroe or Ja:yne Mansfield or any other
personality by a press agent seeking friends.
Uncle Sam spends the money and gets the
short end of the stick.
The best jobs of representation have been
done by some of our ambassadors, particu-
larly when the President appoints one
trained in newspaper work, as Mrs. Clare
Luce has been. Someone may jog my mem-
ory to say that the beautiful Clare produced
her best writing for the theater, but I can
recall her as handling copy on the magazine
"Vanity Fair," and it took considerable jour-
nalistic· ingenuity to turn out that type of
magazine. At any rate, her concepts of
public relations paid off when as American
Ambassador to Rome, she set out to give the
Communists a defeat.
Now President Eisenhower is sending Henry
J. Taylor, another reporter for newpapers,
radio, and the magazines, to Switzerland as
Ambassador. Henry Taylor possesses special
gifts because he can read a balance sheet,
which few career diplomats can do, and he
understands the movements of money and
goods. He is an economist as well as a re-
porter and the advantage of sending him to
the world's center for lending money offers
the hope, at any rate, that someone in Wash-
ington is ambitious to know something about
money. Up to now our Government has only
specialized in spending it. There are, of
course, other purposes for money.
SENATE May 9
The relations between the United States WELL KNOWN TO ECONOMISTS
and Switzerland have generally been good • . When Taylor is confirmed, we will send a
Switzerland has three principal exports to first-rate American gentleman to a fine coun-
this country: watches, chocolate, and money. try we tend to ignore because it wants noth-
Whatever questions arise over watches and ing from us. Mrs. Taylor, Henry's wife for
chocolate can be easily settled by negotiators nearly 30 years and mother of tl:.eir fine re-
with good will. porter son, is the prototype of the perfect
But the Swiss money problem is likely to hostess and willing worker for charity.
be a very serious one during the next few . Switzerland is a bank set in the midst of
years. The Swiss accept anonymity as a tension on the north, east, south, and west.
normal process of banking. A depositor may Taylor is as well known to economists as he
put his money in a Swiss bank with the as- is to working reporters and radio people. He
surance that no one, not even the Swiss gov- is a member of the advisory board of the
ernment, will be told of the account. This Chemical Corn Exchange, National Commit-
anonymous device, often identified only by tee for Sound Fiscal Policy, and the author of
a number, originated in the time of the countless tracts and books in that field, in-
Napoleonic wars when those who possessed cluding Germany's Economy of Coercion.
money needed to hide it and found a haven As a reporter, he covered probably more
in Switzerland. Some Swiss banks will un- of World War II for NANA, for Scripps,
dertake the management of such funds. Reader's Digest, Saturday Evening Post,
With so much raiding going on in Ameri- Life, the Saturday Review, and other pe-
can industry and so many phony stocks com- riodicals than any other war correspondent.
ing on the American market to swindle the In peace, he has covered every major con-
American people, two committees of the Sen- ference, including the talks "at the summit,"
ate are looking into the problem and the and each national political convention since
SEC is defending itself and its law. Some 1928. In the semicold war he was nearly
explanation is required to know why the SEC killed covering Algerian riots not long ago.
did not use the powers it possesses to pro- Taylor is a man who likes to get close, the
tect American interests. The testimony of better to report.
SEC officials before the Lausche and Eastland
committees is contradictory and on the HER ENEMIES HAILED HER
whole, does not represent a profound study The last time Ike took a chance on a re-
of the subject. The SEC needs not so much porter, the chosen ambassador did a job
lawyers to head it but men familiar with that even . her enemies hailed as outstand-
money and its peculiarities in the market. ing. We mean Clare Luce. The Kremlin
But that is another subject. applauded the choice secretly, sent Alexan-
Whereas to Switzerland, the anonymous der Bogomolov in against her-to preside
ownership of money is important as a busi- over the transition of Italy to a Communist
ness activity, to the United States, the dis- state. During their 3-year contest, the
closure of the ownership of American indus- Italian Communist Party, largest in Europe,
tries is equally important. When a raid is was cut in half. Bogomolov was recalled in
made on a well-established industry by February.
anonymous owners of stock who may be legi- The situation is not the same in Switzer-
timate or not, who may be Americans enjoy- land, of course. But from here it appears
ing a tax haven or enemies of this country, it that the President has come up with a man
is important for the ownership of the shares who'll do another first class job.
of the industry to be disclosed and known. Through the years, it seems to me, the
Secrecy is intolerable in our economy. Nation has lost the services of many people
It is not to the interest of the United Stateswho could have filled diplomatic jobs ad-
that Switzerland and our country should de- mirably. They were overlooked for reasons
velop a quarrel over this question and as as untenable as their allegiance to another
these investigations proceed, it will be val- political party within this country, and for
uable for the United States to have as its reasons even less tolerable. I think Anne
Ambassador a man who understands the O'Hare McCormick, the late great New York
economics of both countries and the forces Times woman, would have made a fine am-
that motivate men. Henry J. Taylor is such bassador. So would have, or would, H. V.
a man. He has been in banking, an indus- Kaltenborn. Grantland Rice was another.
trialist and a journalist. Now he enters the So was George R. Holmes.
field of diplomacy, where his particular But it is as warped to confine this state-
talents will be tested under conditions more ment to newsmen as it has been, in the
difiicult than he now envisages. past, to pass them up when such jobs were
available. Each field has produced good but
neglected timber. I've had a sure feeling
ON THE LINE! A REPORTER DIPLOMAT
. through the years that nobody, but nobody,
(By Bob Considine) could represent us better in a glowering con-
President Eisenhower's nomination of test in Moscow t_h an John L. Lewis.
Henry J. Taylor for United States Ambassa-
dor to Switzerland is a happy choice. It
seems to have occasioned surprise here and
there editorially. But the only surprise in USE OF FRIENDSHIP INTERNA·
this particular breast is why Presidents so TIONAL AIRPORT BY PAN AMERI-
seldom get around to sending trained re- CAN WORLD AIRWAYS FLIGHTS
porters on essentially factfinding and listen- BETWEEN NEW YORK, WASHING-
ing-post diplomatic jobs.
Presidents past and present have had soma TON, AND MEXICO CITY
real lulus forced upon them as ambassadors Mr. BUTLER. Mr. President, it begins
and ministers on the ground that good old to appear that many years of persever-
Hugo not only gave the party all that money ance on the part of Maryland and the
during the campaign, but his old lady insists
on 1t. So otf goes Hugo ·and the old gal, in city of Baltimore are about to pay o:fl'..
striped pants and concealed lorgnette, re- You know, Mr. President, that those of
spectively, and they live it up in the embassy us charged with the responsibility of
or ministry abroad until there's a change of keeping commerce of · the city of Balti-
administration or Hugo boots one too many more moving at a constantly accelerated
easy rollers. It is unfair to generalize, but pace have argued long and patiently that
• more often than not the real work is done by Friendship International Airport de-
the pros in the outer office-the career people
who couldn't afford to foot the extra expenses serves to have equal status with the al-
involved in such a job-and Hugo and mam- ready overcrowded Washington National
ma come back home with scarcely one more Airport.
bit of knowledge than they took over in the Recently, Mr. President, an examiner
first place, and that was less than legal. for the Civil Aeronautics Board recom-
 1957 CONGRESSIONAL RECORD-- SENATE 6661
mended in str.ong and unmistakable lan- minates in New York and in Mexico City, States the original air route, from New Or-
guage that Pan American World Airways and would not have the desired effect of ' leans to Mexico City, was designed to serve.
be certificated to fly nonstop between providing effective competition for Air American If Senator ELLENDER has evidence that Pan
or - any other airline has been
New York and Mexico City and between France. primarily instrumental in blocking air serv-
Washington and Mexico City. This is a Mr. President, the excellent New ice between the United States and other
most interesting recommendation, Mr. Orleans newspaper, the Times-Picayune, - countries, we believe that this evidence
President, because Pan American, if given on May 3 carried a most illuminating should be made public.
this certificate, which it so rightly de- editorial er.titled "Mexico City Air Situ- In the meantime, it ·seems to us that the
serves, will use Friendship International ation-A Clarification." Since the edi- chamber of commerce of the New Orleans
Airport as its Washington-Baltimore torial strikes so strongly at the case for area acted wisely in not taking a position as
terminal. Baltimore and Pan American, I ask to whatCity. airline should fly from New York to
The examiner's keen analysis of the unanimous consent to include it with Mexico This attitude is in line with the consistent
trade potentials of this new service coin- my remarks at this point. policy of the chamber to urge services but
cides exactly with the philosophy which There being no opjection, the editorial not to attempt to say who should be se-
we who have been urging the use of was ordered to be printed in the RECORD, lected by the CAB to provide those services.
Friendship International Airport have as follows: This policy has been maintained in the
constantly espoused. The examiner does MEXICO CITY AIR SITUATION-A CLARIFICATIO~ present case, although several members of
not content himself with a turnabout the chamber's aviation committee believe
The status of the proposed New Orleans that advantages may accrue to New Orleans
service between Baltimore and Mexico to Mexico City airline, it seems to us, de- if Pan American, rather than Eastern, is fi-
City. Rather, he is concerned with the serves explanation in the light of several nally granted the New York-Mexico City
great importance of Pan American's recent developments. nonstop certificate.
ability, should the Civil Aeronautics First of these developments was the filing
by Mayor deLesseps S. Morrison of a brief At this point in history, it does not seem
Board grant the certificate, to provide with the Civil Aeronautics Board favoring to us that New Orleans should be too con-
one-carrier service between Mexico City Eastern Airlines over Pan American World cerned about how the New York to Mexico
and Europe. Peculiarly, the only such Airways as operator of a proposed nonstop City service is awarded to an American flag
service now being provided comes from service between New York and Mexico City. carrier-considering that the route already
Air France, a government-owned, heavily The mayor's action followed announce- is being flown by a foreign flag carrier.
subsidized foreign airline. Putting Pan ments from Washington that arrangements This city should be, and is, concerned
American into the competitive field with had been made with the Mexican Govern- about how and when direct service between
Air France will also mean that Baltimore . ment under which Eastern Airlines can be- New Orleans and Mexico City will be per-
will be on the international routes to gin the New Orleans-Mexico City service for formed.
which it received a CAB certificate more Eastern Air Lines expects that this long-
Europe, to the Middle East, to the Orient, than 11 years ago. needed service will be started on June 5.
and to the Pacific. This exciting new Following the mayor's action, an examiner That should be a happy day.
service, Mr. President, would also mean for the CAB recommended that Pan Ameri-
that Pan American would connect Balti- can, rather than Eastern, fly the New York Mr. BUTLER. Mr. President, I should
more, through Mexico City, with Central to Mexico City nonstop service. This, the like to quote briefly from the examiner's
America and all of South America. examiner explained, would permit Pan report on this important case:
Generally, Baltimore and Friendship American to compete with Air France, which Pan American has had operating facilities
already flies from Paris to New York to in Mexico City for many years. Its Houston-
International Airport together have been Mexico City.
rather rudely treated by our civil air Shortly after the examiner's report was Mexico City sector accounts for an invest•
transport authorities as unwanted step- issued, the chamber of commerce of the New ment cost of approximately $350,000. Its
proposed New York-Mexico nonstop service
children. We .have been "soft-talked" Orleans area made public a telegram in would require an estimated total additional
too long by air carriers which promised which it called to the ·examiner's attention investment of approximately $8,229,000.
everything, but delivered nothing. Last that it has taken no position in regard to Each of the applicants has advertised and
year, when the highly controversial New what airline should fly the New York-Mexico
City route. The examiner's report had re- actively promoted air travel between the
York-Florida proceedings were before ferred to the chamber as having filed a United States and Mexico. A number of for-
the Civil Aeronautics Board, Pan Ameri- statement in the case. eign flag transatlantic carriers seeking the
can officials publicly testified that, if Then, on Wednesday, Senator ALLEN J. - Europe-Mexico business have been aggres-
given the service, it would use Friendship · ELLEJ\'DER issued a statement protesting the sively advertising and promoting Europe-
Mexico travel. Pan American, as the only
International Airport as its local ter- proposed award to Pan American of the New applicant with sales offices in principal
minal. Our hopes were high, and we York to Mex~co City permit. The Senator's European cities, would be in a better position
campaigned vigorously to help Pan statement, it seems to us, contained several
inaccuracies which may confuse the issue to advertise and promote the Europe-Mexico
American in its struggle to get that cov- in some minds. market than Eastern.
eted certificate. The Board voted for Among other things, Senator ELLENDER The record shows that Eastern and Pan
Northeast Airlines, however; and the im- said that Eastern was authorized by the American should be able to operate the pro-
pact of that decision is still being heard CAB to establish direct service between New posed nonstop service between New York-
in the halls of the Senate, where the dis- York, New Orleans, and Mexico City in 1946. overallWashington-Mexico City at about the same
cost. Eastern's costs might possibly
tinguished junior Senator from Wash- As we understand the situation, the certifi- be a little lower due to somewhat lower
ington [Mr. JACKSON], has been conduct- · cate issued by the CAB to Eastern in 1946
named New Orleans and Mexico City as the estimated costs in passenger service and a.
ing remarkably productive hearings on terminal points. There was no provision in possibly higher equipment utilization.
"leaks" within the Civil Aeronautics this certificate for nonstop service between However, Eastern's lower quality of service
Board. New York and Mexico City. afforded to passengers on its planes may ad-
The political elements alined against The Senator's statement said further that versely affect its ability to compete with
Pan American Airways in the Mexico "Now, the CAB wants to reward the major the de luxe service offered by Air France
City case are once again powerful and offender (on the argument that Pan Ameri- and the somewhat higher equipment utiliza-
numerous. can rather than failure to reach agreement tion proposed by Eastern may be attended
For some strange reason, certain of with the Mexican Government caused delay by some inconvenience of schedules.
in opening of the New Orleans to Mexico
these powerful elements seem to feel that City service) with a new 2000-mile air Mr. President, I hold no particular
service to Mexico City from New Orleans service that would overfly 11 or 12 States the brief for Pan American, as opposed to
is tied up in the New York-Baltimore- original air route was designed to serve." Eastern Airlines. Eastern has acquired
Mexico City case. Nothing could be This, it seems to us, may cause confusion a.n enviable record in its many years
farther from the facts. These are two in the minds of some residents of these 11 of existence under the dynamic leader-
separate cases. Eastern Airlines is plan- ·states. When the New Orleans to Mexico ship of Capt. Eddie Rickenbacker. As
ning on starting service between New City service is started-as Eastern Air Lines a matter of fact, Eastern provides, into
Orleans and Mexico City on June 5. In- has said it will be started on June 5-these Friendship International Airport, service
asmuch as Eastern already has a New 11 Statesfor will receive the service which was which we need and which we appreciate.
York-Washington-New Orleans opera- planned them back in 1946.
Whether or not Pan American or Eastern But we in Baltimore are concerned with
tion, Eastetn is still giving what amounts flies the nonstop route from New York to the importance of getting Baltimore on
to one-carrier service between New York Mexico City, service already is being given to the trade routes of the world, and it
and Mexico City. Keep in mind, Mr. nonstop on that route by Air France, whose seems to me that this can best be ac-
Pre:?ident, that Ea~tern's . service ter- planes already are overflying the 11 or. 12 . complished by allowing Pan American
6662 CONGRESSIONAL RECORD - SENATE
to serve Mexico City on a New York and
Baltimore nonstop basis.
Senators have long been justifiably
worried over airline subsidies. Sub-
stantial reductions in subsidies have been
realized, and there is every indication
that greater reductions are coming. I
invite attention to the Examiner's com-
ments on the subsidy matter:
Accordingly, it is estimated that Pan
American's proposal in this proceeding would
result in direct savings in subsidy costs of
approximately one-half million dollars since.
it would be the only United States flag car-
rier authorized for the New York-Mexico City
nonstop service. This estimate appears
reasonable.
I spoke earlier of Air France's monop_
oly on direct service between Mexico City
and New York and thence to all Europe
and the whole world. The examiner had
some pertinent observations on this, too;
and I should like again to quote from his
recommendations:
The record leaves no doubt that the public
convenience and necessity require authoriza-
tion of nonstop air service between New
York-Washington and Mexico City. The a1,l-
thorization is not only needed to permit im-
provement in the existing American-flag serv-
ice made possible by the longer-ran g~ aircraft
in use in recent years, it is imperative that
such service be authorized for an American-
flag carrier to meet the competition of Air
France between New York and Mexico City.
Consideration of necessary improvements in
American-flag carrier services between New
York and Mexico City has been too long de-
layed. That delay has resulted in the in-
credible situation where a European carrier
has in the past year won a preferential posi-
tion in a market pioneered by our own indus-
try and in a stream of traffic in which a
United States flag carrier should be second
to none.
Keep in mind, Mr. President, that Pan
American proposes one round-trip opera-
tion a day between Baltimore and Mexico
City. This is a minimum service. As
soon as tram.c warrants it Pan American
will increase its round-trip service be-
tween Baltimore and Mexico City; and it
is not unreasonable to assume that we
.. · · h .... .
can be op~1m1s~ic. enoug to an.,1?1pate an
increase in. se1v1ce once the_ :flights be-
come establlshed. The exammer has left
no doubt of his choice to provide this
service. Again I quote from the exami-
ner's recommendations:
Pan American is the only applicant which
can effectively participate in the Europe-
Mexico City market and its selection as the
carrier needed for the proposed nonstop serv-
ice is necessary to strengthen United States
flag aviation over the North Atlantic. The
selection of Pan American will contribute to
a considerable reduction of mail-pay subsidy.
This carrier alone has experience as an over-
seas competitor with the foreign-flag opera-
tor now entrenched in the New York-Mexico
City market. Pan American can also effec-
tively serve the Mexico traffic that does not
pr-0ceed east of New York because it is in a
position to provide high-quality service for
the local New York-Mexico City travelers; it
has the capacity for promoting large-scale
tourist travel to Mexico; and it can provide
one-carrier service to points beyond Mexico
City, thus integrating tourism in the general
Latin-American area with its service to Mex-
ico City. Of the two applicants, Pan Ameri-
can is in the far better position eventually
to exploit and promote the potentially large
vacation and tourist market of Mexico City,
because, in addition to the local New York-·
Mexico City vacation market, lt will be able
to exploit the Europe-Mexico tourist trade.
Other countries regard a proper participation
by their :flag carriers 1n the movement of
tramc between third countries as an impor-
tant and legitimate goal of national policy,
It is no less so !or the United States.
In sum, the congressional policy 1s ex-
pressed in section 2 of the act as applied
to the facts of record in this case requires
the nonstop authorizations for Pan Amer-
ican. This carrier, as· the only applicant
able to provide all t he types of public serv-
ice required by the route and afford one-
carrier services beyond each end of the route,
can provide the most effective United States-
flag competition in an area of travel now
dominated by a foreign-flag operator. Pan
American's certrncation will save the Gov-
ernment money in mail-pay costs and in-
sure the proper development of a poten-
tially strong foreign market. These vital
considerations of our national interest out-
weigh any preference for Eastern's proposal
stemming from greater optimism, initial
plans for all-coach flights, route integration
with domestic service, probable diversion of
Eastern's revenues, and any color of right
Eastern may have on the ground that its
1946 award for Mexican service failed of
implementation. In other words, if the
needs of the traveling public are best to
be promoted and served, if full American-
fiag participation in the two large markets
herein involved is to be recaptured and held,
if we are to take advantage of integrating
and solidifying our own flag services between
Europe and Latin America, if a rare oppor-
tunity for reducing air-carrier subsidy is to
be taken-in short, if the public interest
in an economically sound, financially strong
and subsidy-free air . transport is para-
mount-the choice of carrier in this pro-
ceeding 1s crystal clear. The choice is Pan
American.
Pan American is a long-established car-
rier holding certificates of public conven-
ience and necessity and air-operating cer-
tificates. Pan American's history of suc-
cessful operations and its showing on this
record, leave no doubt that it ls fit, will-
ing, and able to perform the services herein
found required by -the public convenience
and necessity.
Finally, Mr. President, the examiner
concludes with this recommendation:
In view of the foregoing and all facts and
· contentions of record, it ls concluded that
i. the public convenienc·e and necessity re-
quire a nonstop authorization for Pan Amer-
ican between New York, Washington, and
Mexico City and that the public conven-
ience and necessity require denial of the
proposal of E;i,stern for nonstop operations
on that route.
Mr. President, Baltimore's concern in
this proposed service is not predicated on
a liking for one carrier and an antipathy
for another. Baltimore's interest is eco-
nomic and impersonal. We believe that
the interest of Baltimore on interna-
tional trade routes would best be served
by the prompt certification of Pan Amer-
ican Airways on the New York-Balti:.
more-Mexico City route. For the gen-
eral good such certification will ac-
. complish for the city of Baltimore and
the State of Maryland, we accept the
examiner's report.
SECOND ANNUAL AMERICANISM
AWARD TO SENATOR PURTELL
Mr. BUSH. Mr. President, I desire to
bring to the attention of the Senate a
signal honor which has been conferred
upon my distinguished coll~ague from
May 9
Connecticut, Senator· WILLIAM A.
PuRTELL.
Senator PURTELL has been designated
to receive the second annual American-
ism award of the Connecticut Depart-
ment of the American Legion. This
award is given annually to a citizen of
Connecticut who has made outstanding
contributions to the promotion of Amer-
icanism. The Honorable Raymond E.
Baldwin, former United States Senator
from Connecticut, now a justice of the
Connecticut Supreme Court of Errors,
was the recipient of the first annual
award, in 1956. Nominations are made
to the 9-member State Americanism
Commission by the 171 American Legion
posts in the department of Connecticut.
Mr. President, this award is fitting
recognition of the many contributions
which Senator PURTELL has made to his
community, State, and Nation.
During the course of an active and
successful business life, BILL PURTELL
found time for much public service. He
is a past director of the Greater Hart-
ford Community Chest; the Hartford
chapter of the American Red Cross; and
Hillyer College, in Hartford.
He is a former member of the Con-
necticut Inter-Racial Commission, a for-
mer director of the Connecticut State
prison, and a former member of the
board of parole. He is the recipient of
the most distingushed citizen award
from the Hartford Jewish War Veterans
Post, and has received a citation from the
National Conference of Christians and
Jews.
For many years, he has been active in
the American Legion. He.is a member of
Rau-Locke Post 8, of Hartford, and is a
former chaplain of the Connecticut De-
part of the Legion. Mrs. Purtell, an
Army nurse in World War I, is a member
of the American Legion, and is a past
commander of post 7, Hartford.
I ·know I speak for all my colleagues
in the Senate in congratulating Senator
PURTELL, and in congratulatl.ng the Con-
necticut department of the American
Legion in selecting for this award a man
whose career is a fine example of Amer-
icanism in action.
RUMANIAN INDEPENDENCE DAY
Mr. SMITH of New Jersey. Mr. Pres-
ident, although the Senate is in executive
session, I ask unanimous consent that, as
in legislative session, I may make a brief
statement regarding Rumanian Inde-
pendence Day.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Mr. SMITH of New Jersey. Mr. Presi-
dent, Friday, May 10, is the day which
Rumanians all over .t he world celebrate
as the anniversary of the independence
· of their country. In every free nation
the anniversary of independence is
proudly honored, and lovers of freedom
take joy in saluting these moments of
special significance to their fellow men.
But when a nation is suffering under the
weight of foreign tyranny, even deeper
meaning becomes attached to the re-
membrance of its independence day.
For the Rumanian people, who were
. tragically enslayed, first by the Nazis,.
 1957 CONGRESSIONAL RECORD-
\
and then by Communist Russia, despite
grandiose promises by the latter of lib-
erty, at the end of World War II, the
goal of freedom has remained only a
cherished hope for far too many years.
But tyranny, as all despots know, can-
not survive the inevitable urge for free-
dom. Eastern Europe is now beginning
to stir and become restive. More and
more, its Communist rulers are becom-
ing anxious and fearful, as they watch
brutality reap the inevitable bitter fruits
of repression.
We in America are happy to join with
all freedom-loving Rumanians in honor-
ing ·their former independence; and we
pledge our peaceful efforts to help 't hem
in their determined yearning for free-
dom, independence, and real self-deter-
mination. The people of the United
States will not for get their friends in
Rumania, and we look forward to that
day when America and Rumania will
once again meet in friendship on the
common ground of liberty.
Mr. McNAMARA. Mr. President, Fri-
day, May 10, is a day which the people
of Rumania, as well as our own citizens
of Rumanian descent, commemorate
with special pride. May 10 is the Ru-
manian Independence Day.
On May 10, 1866, Prince Carol was
chosen to occupy the throne of Rumania,
and a constitution of liberal principles
was ado_Pted. Eleven years later, on
May 10, 1877, Rumania declared its in-
dependence from the Ottoman Empire;
and on May 10, 1881, Rumania was rec-
ognized as a sovereign state.
These 3 days in the history of a proud
people mark the beginnings of a new
flowering of an ancient culture, the re-
building of liberty amidst the turbulent
currents of East European politics.
Unfortunately, the Rumanian people
were not to cherish their new-found lib-
erty for long. Following the Second
World War their country was engulfed
by the totalitarian forces of communism.
But while the might of Soviet armor may
silence the proud voice of an ancient and
brave people, it will never be able to put
out the flame of patriotism, of freedom,
and of democracy that must burn in the
heart of every Rumanian.
On this independence day of our Ru-
manian friends the least we can do is to
pledge our friendship and support to the
people of Rumania, and to express our
sincere conviction that the day of their
liberation from the Communist yoke is
not far off.
Mr. JENNER. Mr. President, I am
happy to pay honor to the Independence
Day of Rumania.
No matter how far our history may
unroll, or how great a responsibility our
Nation may be given, on the world stage,
the American people will never forget
their own struggle for independence nor
the importance to other nations of their
freedom.
I have just introduced a resolution
quoting the repeated demands by Amer-
ican presidents for the freeing, by Soviet
Russia, of the nations liberated by the
fighting men of all the allies.
This is no formal request, but a most
solemn demand for Soviet adherence to
the promises made by their leader when
he needed the help of our arms.
. SENATE
I have said again and again that the
Soviet system for enslavement of satel-
lites was no mere brutal conquest, but a
clever and most effective method of sup ..
porting their war machine with the food,
machinery, and labor which the Socialist
system was not efficient enol.lgh to pro ..
duce for itself.
We know the Soviet war machine is
today directed primarily at our country.
The most important single step in
American defense policy is to cut the
Soviet Union off from the military sup ..
plies it takes from its conquered neigh-
bors. That policy has the same military
significance to us today that cutting off
American food, supplies, and munitions
from the British had for the Germans in
World War II, or the cutting off of Ger-
many from its continental supplies had
to the allies.
It is absurd for Americans to maintain
a vast and costly Defense Establishment,
while making no effort to reduce the
extra military power its opponents pos-
sess through occupation and enslavement
of our former allies.
To us the Rumanian nation is the
people of Rumania. As Thomas Jeffer-
son said, in the Declaration of Inde-
pendence, when the legislative power of
a nation is prevented from operating, by
tyrants, it cannot die but returns to the
people.
The sovereign power of Rumania and
the other satellites remains unimpaired.
It rests in the people. The American
people will never forget that dismantling
of the Soviet war machine of conquest is
the first essential of world peace, and the
restoration of freedom to nations which
love their liberty is the first essential of
justice.
The American people extend the hand
of friendship to the Rumanian people on
this anniversary of their victorious strug ..
gle for freedom.
NOMINATION OF SCOTT McLEOD TO
BE AMBASSADOR TO IRELAND
Mr. JAVITS. Mr. President, the senior
Senator from New York [Mr. IVES] and
I will have the honor to entertain the
Lord Mayor of Dublin today at luncheon,
so I should like at this time to make a
brief statement on the McLeoc! nomina-
tion, upon which the Senate will vote
later, perhaps before I would have an
opportunity to make a statement later.
I met Mr. McLeod in connection with
the early administration of the Refugee
Relief Act, following my statement on
the floor of the House of Representa-
tives, of which I was then a Member, that
the early administration of the act was
outrageous. I used the word very
strongly. I have tried to recall the exact
word I used, and I think that is the one.
Subsequently, the administration of the·
act . considerably improved, and, consid-
ering the terms of the law, which Vias
alm:ost unadministerable, admissions of
refugees under it finally were reasonably
satisfactory.
In the early days of the administration
of the act I felt that Mr. McLeod had
such an undue concern with security,
without enough regard to other factors,
itS to interfere with carrying out the in-
tent of Congress as expressed in the
6663
Refugee Relief Act, which already con-
tained very tight security safeguards.
However, I believe, from my experience
with later administration of the act, and
as a result of contacts thereafter with
the man whose nomination we are con-
sidering, that, in his own words, he
learned a great deal. He said that in
the hearings.
According to the precedents, like those
cited in Oppenheim on International Law
and Hackwor-th's classic Digest of In-
ternational Law, "Ambassadors are con-
sidered to be personal representatives of
the heads of their states."
Mr. De Valera, Prime Minister of Ire-
land, says Mr. McLeod is acceptable to
his Government. I would, therefore,
consider a vote against confirmation, in
the absence of new facts, to be a vote of
no confidence in the President of the
United States, whose appointee Mr. Mc-
Leod is. Upon an analysis of the whole
record, I do not feel justified in casting
such a vote.
Mr. MORSE. Mr. President, a parlia ..
mentary inquiry.
The ACTING PRESIDENT pro tem ..
pore. The Senator will state it.
Mr. MORSE. Have the yeas and nays
been ordered on the McLeod nomination?
The ACTING PRESIDENT pro tem-
pore. The yeas and nays have been
ordered on the question of confirming
the McLeod nomination.
Mr. MORSE. Is that nomination the
pending order of business?
The ACTING PRESIDENT pro tem ..
pore. Without objection, the Senate will
proceed in executive session, and resume
the consideration of the nomination of
Scott McLeod to be Ambassador to
Ireland.
The question is, Will the Senate advise
and consent to this nomination?
Mr. MORSE. Mr. President, I shall
be exceedingly brief in my remarks. I
am pe:i.'fectly willing to rest my objec ..
tions to Mr. McLeod on the printed hear ..
ings, in which are reported the rather
lengthy examination on my part of Mr.
McLeod, on my own behalf and on behalf
of the Senator from Minnesota [Mr.
HUMPHREY], who submitted to me a list
of questions which he wished to have
me ask Mr. McLeod, and which I did
ask.
I wish only to repeat, Mr. President, as
I said yesterday, that I have decided to
vote against confirming the nomination,
because I think Mr. McLeod does not
possess the qualifications and the com..
petency necessary to serve as Ambassa-
dor to Ireland.
One part of Mr. McLeod's testimony is
a little humorous. Senators will find it
on page 42 of the hearings. When I was
examining Mr. McLeod as to his position
in the Bohlen case, he said, in effect, that
the reason for his course of action in
regard to the Bohlen case was that he
thought the administration should know
that if Mr. Bohlen were nominated there
would be a considerable amount of op ..
· position to him on the Hill. I think that
is a very interesting position for Mr.
McLeod to have taken in the Bohlen
case, in view of the opposition to his own
nomination. Of course, if that were a
sound reason for not submitting a nomi-
nation to the Senate, it should apply
6564 CONGRESSIONAL RECORD- SENATE
even more to the McLeod case, because
I submit there is much more opposition
to the McLeod nomination than there
was to the Bohlen nomination.
This becomes a matter of subjective
judgment. I am satisfied Mr. McLeod
did not tell us the truth at all about the
Bohlen case. In my opinion, having had
an opportunity to observe him as a wit-
ness and to study the record of the
Bohlen case, we never got the truth from
Mr. McLeod about the case. I am satis-
fied he opposed the nomination of Mr.
Bohlen on the basis of the allegations
that were floating around at that time,
and I am satisfied they were smear al-
legations, to the effect that Mr. Bohlen
was a security risk. ·
I think it is interesting to note that
in the examination of Mr. McLeod be-
fore our committee, when I finally put
to him what I consider to be the key
question in this matter, he gave a very
interesting answer. I read from the
record of the hearings, page 42, begin-
rung with my question:
Are you satisfied, Mr. secretary, that fol-
lowing the confirmation of Mr. Bohlen to the
post in Russia, that he has made a record
as Ambassador to the Soviet Union that
would remove any doubt in your opinion as
to both his qualifications, his security and
his ability?
Mr. McLEOD. I have had no doubts as to
this security subsequent to the Secretary's
findings. If I take exception to the Secre-
tary's position on anything, I have of course
the choice to resign. I have not done that,
so I think it goes without saying that I
accept his security evaluation without any
equivocation.
Mr. President, it is very interesting to
note how this man uses the English lan-
guage. The fact is the record contains
no statement from him as to what his
position was when Mr. Bohlen was first
nominated to be Ambassador to Russia.
As his own testimony shows, he carried
on White House conversations with Gen-
eral Persons. We know there were con-
versations with General Persons, and
there may have been conversations with
others as well.
We know of course, that some of those
conversatioiis were carried on in his ca-
pacity as Assistant Secretary prior to the
time the Secretary of State became aware
of the fact that one of his own subordi-
nates was intervening with regard to a
nomination at the White House level.
That action does not recommend Mr.
McLeod to me. As I said yesterday,
there is nothing in the record, Mr. Presi-
dent that recommends him to me in re-
spect to his participation in the so-called
numbers game.
I wish to say that, in my opinion, he
sought, and deliberately sought, to leave
the impression with the American peo-
ple that the Department of State, when
this administration took over, was honey-
combed with Communists. Yet he was
unable to produce a single Communist-
not one, Mr. President. When we sought
to get a direct answer from him, by ask-
ing that question explicitly-in effect, we
asked ·over and over again, "Did you
find any Communists?"-his answer, of
course, was they were investigating secu-
rity risks, not Communists. The best
understanding we could get, Mr. Presi-
May !J
dent, on the position he took with respect Mississippi would vote "yea" and the
to whether or not they found any Com- Senator from Minnesota would vote
munists was that when the files showed "nay."
someone was weak on communism that The Senator from Missouri [Mr. SYM-
person was considered to be a security INGTON] is paired with the Senator from
risk. Kansas [Mr. SCHOEPPEL]. If present
It is a sad thing, Mr. President, that and voting, the Senator from Missouri
we are sending to Ireland a man who it would vote "nay" and the Senator from
is said-and I am satisfied the statement Kansas would vote "yea."
is true-engaged in administrative pro- The Senator from North Carolina [Mr.
cedures in the Department of State ScoTT] is paired with the Senator from
which, in my opinion, did great wrong Maine [Mr. PAYNE). If present and
to many fellow Americans. voting, the Senator from North Carolina
I cannot vote to confirm the nomina- would vote "nay" and the Senator from
tion of such a man, because I think he Maine would vote "yea."
has neither the competency nor the I further announce that if present and ·
qualifications to serve in an ambassa- voting, the Senator from West Virginia
dorship. [Mr. NEELY] would vote "nay."
Mr. KNOWLAND. Mr. President, I Mr. DIRKSEN. I announce that the
suggest the absence of a quorum. Senator from Utah [Mr. WATKINS] is
The ACTING PRESIDENT pro tem- absent on official business.
pnre. The absence of a quorum is sug- The Senator from North Dakota [Mr.
gested. The clerk will call the roll. LANGER] and the Senator from Maine
The legislative clerk proceeded to call a.1r. PAYNE] are absent because of ill-
the roll. ness.
Mr. KNOWLAND. Mr. President, I The Senator from Kansas [Mr.
ask unanimous consent that the order - ScHOEPPELJ is necessarily absent.
for the quorum call be rescinded. On this vote, the Senator from Ka~sas
The ACTING PRESIDENT pro tem- [Mr. SCHOEPPEL) is paired with the Sen-
pore. Without objection, it is so ordered. ator from Missouri [Mr. SYMINGTON].
Mr. KNOWLAND. Mr. President, a If present and voting, the Senator from
parliamentary inquiry. Kansas would vote "yea" and the Sen-
The ACTING PRESIDENT pro tem- ator from Missouri would vote "nay."
pore. The Senator will state it. On this vote, the Senator from Utah
Mr. KNOWLAND. Have the yeas and
[Mr. WATKINS] is paired with the Sen-
nays been ordered? ator from Pennsylvania [Mr. CLARKJ.
The ACTING PRESIDENT pro tem- If present and voting, the Sena tor from
pore. The yeas and nays have been Utah would vote "yea" and the Senator
ordered. from Pennsylvania would vote "nay."
The matter before the Senate is the On this vote, the Senator from Maine
nomination of Scott McLeod, of New . [Mr. PAYNE] is paired with the Senator
Hampshire, to be Ambassador Extraor- from North Carolina [Mr. SCOTT). If
dinary and Plenipotentiary of the United present and voting, the Senator from
States of America to Ireland. Maine would vote "yea" and the Senator
. The question is, Will the Senate advise from North Carolina would vote "nay."
and consent to this nomination? The result was announced-yeas 60,
The yeas ~nd nays have been ordered. nays 20, as follows:
The clerk will call the roll. YEAS-60
The legislative clerk called the roll. Aiken Ellender Martin, Pa.
Mr. MANSFIELD. I announce that Allott Flanders McClellan
the Senator from New Mexico [Mr. AN- Barrett Frear Morton
DERSON], the Senator from Nevada [Mr. Beall Goldwater Mundt
Bennett Hayden Potter
BIBLE), the Senator from Pennsylvania Bricker Hickenlooper Purtell
[Mr. CLARK], the Senator from Missis- Bridges Holland Revercomb
sippi [Mr. EASTLAND], the Senator from Bush Hruska Robertson
Butler Ives Russell
Tennessee [Mr. GORE], the Senator from Byrd Javits Saltonstall
Minnesota [Mr. HUMPHREY], the Senator Capehart Jenner Smathers
from Tennessee [Mr. KEFAUVER], the Carlson Johnson, Tex. Smith, Maine
Case, N. J. Johnston, S. C. Smith, N. J.
Senator from Montana [Mr. MURRAY], Case, S. Dak. Kerr Stennis
the Senator from West Virginia [Mr. Chavez Knowland Talmadge
~EELY], the Senator from North Caro-
Cooper Kuchel Thurmond
Cotton Long Th ye
hr~a [M:. ScoTTJ, and the Senator from Curtis Malone Wiley
MISsouri [Mr. SYMINGTON] are absent on Dirksen Mansfield Williams
official business. Dworshak Martin, Iowa Young
The Senator from Nevada [Mr. BIBLE] NAYS-20
is paired with the Senator from Tennes- Carroll Hill Morse
~ee [Mr. KEFAUVER). If present and vot-
Church Jackson Neuberger
Douglas Kennedy O'Mahoney
mg, the Senator from Nevada would vote Ervin Lausche Pastore
"yea" and the Senator from Tennessee Fulbright Magnuson Sparkman
would vote "nay." Green McNamara Yarborough
Hennings Monroney
'Tl1e Senator from Pennsylvania [Mr.
NOT VOTING-15
CLARK] is paired with the Senator from
Utah [Mr. WATKINS). If present and Anderson Humphrey Payrie
Bible Kefauver Schoeppel
voting, the Senator from Pennsylvania Clark Langer Scott
would vote "nay" and the S~nator from Eastland Murray Svm1ngton
Utah would vote "yea." Gore Neely Watkins
The Senator from Mississippi [Mr. So the nomination of Scott McLeod
EASTLAND] is paired with the Senator to be Ambassador Extraordinary and
from Minnesota [Mr. HUMPHREY]. If Plenipotentiary of the United States of
present and voting, the Senator from America to Ireland was confirmed.
1957 CONGRESSIONAL RECORD- SENATE 6665
Mr. BRIDGES. Mr. President, I move THE JOURNAL tion granted to companies held directly
that the Senate reconsider the vote by On request of Mr. JOHNSON of Texas, or through interlocking directorates by
which the nomination was confirmed. and by unanimous consent, the Journal the M. A. Hanna Co., with whose man-
Mr. KNOWLAND. Mr. President, I of the proceedings of Wednesd~y. May 8, agement Mr. Humphrey was associated,
move to lay on the table the motion to 1957, was approved, and its reading was total well over a billion dollars.
reconsider. dispensed with. Mr. President, as one Member of the
The ACTING PRESIDENT pro tem- Senate I appreciate very much the work
pore. The question is on agreeing to the the 2 Senators from Virginia are doing
motion to lay on the table the motion to REVISION OF TRANSPORTATION OF with regard to this issue.
reconsider. EXPLOSIVES ACT . It is a very important issue. The
The motion to lay on the table was American people are entitled to have it
Mr. JOHNSON of Texas. Mr. Presi- settled in their favor. The time is long
agreed to. dent, a parliamentary inquiry. past due when we should put a · stop to
The ACTING PRESIDENT pro tem- this type of subsidy to the great cor-
DIPLOMATIC AND FOREIGN pore. The Senator from Texas will porate businesses of the country. As I
SERVICE state it. have said before, the subsidy paid to the
HENRY J. TAYLOR
Mr. JOHNSON of Texas. Is S. 1491 American farmers is nothing but pea-
the pending business before the Senate nuts when compared with the indirect ·
The ACTING PRESIDENT pro tem- at this time?
pore. The clerk will state the remain- and hidden subsidies, which American
The ACTING PRESIDENT pro tem- big business has been getting from the
ing nominations on the Executive Calen- pore. The Presiding Officer is inf orm~d
dar. present administration.
by the Parliamentarian that that bill I was rather amused to read news-
The legislative clerk read the nomi- will not, under the rule, become the
nation of Henry J. Taylor, of Virginia, pending business before the Senate un- paper accounts of the President's press
to be Ambassador Extraordinary and til 2 o'clock p. m. It may, however, be conference, in which he was reported as
Plenipotentiary of the United States of laid before the Senate prior to that hour, having said, in effect, that he thought
America to Switzerland. something ought to be done to bring to
either on motion, or by unanimous con- a close the accelerated tax amortiza-
The ACTING PRESIDENT pro tem- sent.
pore. Without objection, the nomina- tion program. However, when pressed
Mr. JOHNSON of Texas. Mr. Presi- for an answer with regard to his position
tion is confirmed. dent, I ask unanimous consent that the on the Idaho Power Company's handout,
Chair lay before the Senate the un- he indicated that, of course, it was with-
finished business. in the law. No one has said it is not
IN THE ARMY The ACTING PRESIDENT pro tem-
The legislative clerk proceeded to pore. Without objection, the Chair lays within the law. That is one of the
things that malrns it even more political-
read sundry nominations in the Army. before the Senate the unfinished busi- ly immoral. That is the trouble with
The ACTING PRESIDENT pro tem- ness, which the clerk will state by title this administration; it commits its acts
pore. Without objection, ·the nomina- for the information of the Senate. of political immorality within the law.
tions in the Army are considered and The LEGISLATIVE CLERK. A bill (8. I used to teach my students that I
agreed to en bloc. 1491) to revise the Transportation of wanted them to remember that the law
- Explosives Act, chapter 39, title 18, of is not limited to the written letter; that,
the United States Code, as amended. after all, the law is to be found in the
SUBVERSIVE ACTIVITIES CONTROL
moral principles behind the written let-
BOARD CORRECTION OF THE RECORD- ter of the law.
The legislative clerk read the nomi- RAPID TAX AMORTIZATION Whenever anyone uses the written let-
nation of Thomas James Donegan to be ter of the law to justify an act of politi-
a member of the Board. Mr. MORSE. Mr. President, I wisll to cal immorality, his act is just as wrong as
The ACTING PRESIDENT pro tem- . correct an error that appeared in yester- though he acted outside the written let-
pore. Without objection, the nomini- day's CONGRESSIONAL RECORD in my re- ter of the law.
tion is confirmed. marks on rapid tax amortization. Mr. President, I charge this adminis-
On page 6511 of the RECORD for May . tration with acting immorally time and
8 1957 in the second column, I described time again within the law. That is ex-
SUNDRY NOMINATIONS IN THE a' list of companies in which Treasury actly what the administration is doing
ARMED SERVICES Secretary Humphrey has either a direct with respect to the accelerated tax
or indirect interest, that have received amorization program. It is a shocking
The ACTING PRESIDENT pro tem- rapid tax writeoff certificates. The total thing. In my judgment it is taking out
pore. Without objection, the nomina- amount amortized as a result of the 410 of the pockets of American taxpayers
tions for appointment in the Air Force, certificates granted to various corporate billions of dollars and giving them to
the Navy, and the Marine Corps, hereto- holdings of the M.A. Hanna Co. in which American big business.
fore placecl on the Vice President's desk, the secretary owns an interest, should We ought to stop this giveaway.
referred to at the bottom of the Executive read "$1,021,813,000." The figure ap- I therefore commend the 2 Senators
Calendar, are considered and agreed to peared in the RECORD as "$1,021,813" from Virginia for the leadership they
en bloc. rather than "$1,021,813,000," probably are taking on this issue. I am very
Mr. JOHNSON of Texas. Mr. Presi- . because the chart from which the total proud to be associated with them in this
dent I ask unanimous consent that the was taken and which is reproduced below cause, which seeks to protect the tax-
President be notified of all nominations this statement was in thousands of dol- payers of the United States from the
confirmed today and of the con:firma- lars with the 3 final zeros eliminated. kind of political thievery the Eisenhower
tion of the nomination of Ambassador I~ other words, the companies in administration is guilty of within the
Bohlen yesterday. . which the Secretary of the Treasury has law, in giving handouts to the big busi-
The PRESIDING OFFICER. Without either a direct or indirect interest re- ness forces which dominate the admin-
objection, the President will be so noti- ceived much more by way of tax amorti- istration.
fied. zation benefits than the Senator from The ACTING PRESIDENT pro tem-
Oregon is reported in the CONGRESSIONAL pore. The correction of the RECORD will
LEGISLATIVE SESSION RECORD as having alleged. . be made.
The total amortized amount as it ap-
Mr. JOHNSON of Texas. I move that peared in yesterday's RECORD is only one-
the Senate proceed to the consideration thousandth of the true total on which THE CONDITION OF ISRAEL
of legislative business. the Treasury Secretary's corporate in- Mr. FLANDERS. Mr. President, in
The motion was agreed to; and the terests have enjoyed rapid depreciation. considering the problems surrounding
Senate resumed the consideration of I want it made perfectly clear that the Israel, the first thing which all nations
legislative business. 410 certificates for rapid tax amortiza- must do is to recognize that it exists as
CIII--420
666G CONGRESSIONAL RECORD - SENATE
a nation. We may raise such questions
as: Was Israel formed by immigration or
invasion? Was the new nation justified
in opposing United Nations judgments
for the internationalization of Jerusa ..
lem? Who was responsible for the con ..
tinued raids from each side of the border
and the violations of the truce arranged
by the United Nations? These questions
are interesting. They are important.
But they must not be raised in an en-
deavor to justify the destruction of
Israel. That country remains a fact to
be reckoned with.
Counterbalancing facts are the vital
interests of the Arab world as a whole,
which must be served. One thing of
which the Arab world needs to be assured
is that limits will be set on immigration
into Israel. Present policies of unlimited
immigration-practically speaking, of
invited immigration which may be be ..
yond the natural resources of the re-
gion-must be abandoned. There can be
no peaceful relations in the Middle
East so long as Israel is prepared to flood
its area with a population which will
inevitably exceed existing living room.
A peaceful Middle East requires that by
word or action this policy is seen to be
abandoned.
However, a word of warning needs to
be said at this point. If any adjacent
country, such as Egypt, for instance,
makes conditions impossible for the con-
tinued existence of long-established Jews
within her borders, can that country in-
sist that no room for them be allowed
to Israel? To put the matter bluntly, if
Jews are driven from Cairo, would not a
request be justified for the Gaza Strip as
territory to receive the population in-
crease?
An open-ended policy of immigration
Js, however, the visible evidence of a more
deepseated problem for the Arab world.
They would like to know whether or not
they can deal with the nation Israel. Are
they dealing with a nation like other na-
tions of the Mid-East, or are they dealing
with some broadspread movement such
as goes under the name of Zionism with
its material support, and likewise its
ideals and purposes, spread throughout
world Judaism? For a peaceful settle-
ment in the Mid-East the Arab nations
must be convinced that they are dealing
with a nation like themselves and not
with some massive supernational organi-
zation.
On the other hand, the inhabitants of
Israel themselves need assurance and the
recognition of rights which they do not
at present possess. They need the mutu-
al assurance of a cessation of border
raids whether from outward-inward or
from inward-outward, as regards the
surrounding Arab States. They have a
right to expect friendly passage through
the Suez Canal. We can properly sup-
port them in the World Court if neces-
sary, in the privilege of friendly passage
into the Gulf of Aqaba. They h~ve rea ..
son to expect the willingness of Jordan
and Syria to join in a mutually profitable
development of the Jordan Valley.
Israel has a great constructive func ..
tion in the Mid-East. She is showing that
great region what can be done with its
natural resources. These are meager as
measured by our abundance. But hard
work, intelligence, and capital have ful-
filled the prophecy of Isaiah when he
said:
The wilderness and the solitary place shall
be glad for them; and the desert shall re-
joice and blossom as the rose.
Israel is indeed the great experiment
station of the Middle East. What she
can do with land and water, rock and
soil, plants and flocks, is applicable to
hundreds of thousands of square miles of
undeveloped areas of the Arab world.
This Arab world faces a rebirth, for no
longer is it destitute of capital. The
floods of oil which flow from the lands
bordering on the Persian Gulf are turned
into floods of money which flow into the
treasuries of their rulers. With Israel
a tranquilized nation, living at peace
with her Arab neighbors, she can show
the means through which Arab wealth
can be made profitably to flow over Arab
lands, to the blessing of the inhabitants
thereof.
PROBLEMS OF THE ARAB WORLD
The Arab world in what we used to
call the Near East, but which the State
Department now calls the Middle East,
is faced with serious problems. The
most important of them are Communist
infiltration, Zionistic expansion of Israel,
displaced refugees, low living standards,
and deficient education. Let us examine
each of these problems in turn and see
what remedies may be found for them.
Communist infiltration is not a theory
but a fact. It took the form of dangling
before Nasser's eyes the hope of financing
the Aswan Dam, but this prospect faded
as soon as we announced that we were
not prepared to outbid the Soviets in
support of the project. This was the
Soviet-invented trap of a bidding race
designed to beggar our national re-
sources, concerning which I have spoken
before on the floor. Military assistance
in the way of planes and other war
materials did arrive in Egypt from So-
viet sources in very large quantities, and
formed an important part of the mili-
tary strength Egypt has been able to de-
velop. However, we cannot forget that
the Soviet bloc also provided Israel ini-
tially with arms. In Syria the political
penetration has been most serious, and
is in fact the present dominating influ-
ence in the Syrian Government. It led
to the almost instant sabotage of the
pipelines when the Suez Canal area was
invaded by the French and British forces.
It supplied a certain amount of arma-
ment for the Syrian armies. It provided
a strong ideological base from which fur-
tive penetrations were made into the
army and into the civilian population
of Jordan.
This infiltration, if not arrested, will
ultimately destroy the freedom of these
Arab peoples, will tie them to the pro-
gram of world conquest, which is the
purpose of the Soviet Government, and
will lead to the same blockade in the
road toward higher living standards that
has been experienced by all the western
nations which have come under Soviet
control. It is, there!ore, a matter of the
utmost importance to the Arab nations
that this threat to Arab- social and politi-
cal institutions should be arrested.
May 9
As a defense against this Soviet inva ..
sion the Middle East has two resources.
One of them is the Middle East doctrine,
which promises military aid to any na-
tion desiring assistance against military
aggression occurring under Soviet spon-
sorship. This aid was not requested by
the brave young King of Jordan in his
surmounting of the recent crisis in his
country. It nevertheless was available
and the fact of its existence played a
large part in supporting the King's in-
telligent and courageous action.
However, the really dangerous factor
in Soviet aggression is the ideological
one. That is the attack against which
we must plan our heaviest defenses.
Those defenses will come from the adop-
tion and ·operation of an overall pro-
gram which is suggested by the consid-
eration of all the elements which are
being studied in this series of brief
addresses. These will be summed up in
the next and last of the series.
The Zionistic expansion of Israel is the
other active threat of aggression. The
Arab world and the rest of the world
must be assured that Israel is a nation
in the sense that the rest of the free
countries of the world are nations.
Most unfortunately there appear over-
tones and undertones of Zionistic concept
in the minds of the leaders of Israel,
but more particularly in the written and
spoken words of the leaders of the Zion-
ist movement the world over. This
Zionist ideology is as threatening to the
Israeli and Arab worlds as is the com-
munistic ideology,
But the threat is more than that of an
ideology. Unrestricted immigration is
invited into Israel. So long as that im-
migration is continuously invited and
is unrestricted, it will in time result in
a population too large to be supported
naturally in the present boundaries and
present resources of Israel. That it
should continue a dependence on the
resources of its peculiar international
ties is no solution. A subsidized econ-
omy is a dangerous one. Overpopula ..
tion will in turn lead logically and prac-
tically toward an endeavor to take over
more territory for additional living space
for the teeming Jewish multitudes.
Unrestricted immigration must there-
fore be labeled as a menace to the Arab
world. Except to care for Jews driven
from Arab territory, any expansion of
the present limits of Israel must be
treated in the eyes of the United Nations
and of the nations individually as an act
of aggression. It must be so treated by
our own Government. Only when this
is done can the Arab nations feel any
security against this menace.
The Arab refugees, and the Christian
refugees, as well, displaced from Pales-
tine when the Jews took over, constitute
a continuing irritant. I am not at this
time raising the question as to whether
these refugees could have been per-
mitted to remain on their lands, or
would have been paid reasonable sums
for their lands, had they been willing to
remain and bargain; or whether, on the
other hand, they were driven out by
terroristic proceedings. To go into the
past on this matter solves no problems.
The present situation is what concerns
us.
1957 CONGRESSIONAL RECORD - SENATE'
There have been suspicions that the
Arab nations are not too anxious to re ..
settle these refugees or otherwise to
mitigate their sufferings. By leaving .
them where they are, they constitute an
active, effective, political indictment,
whether true or false, of the nation of
Israel. Let us hope that this charge is
not true. It can best be disproved by
actively carrying out the total program
which will make living room and living
opportunities available to the whole Arab
population and particularly to the refu ..
gees from Israel.
Living standards are low throughout
the Arab world-lowest of all, perhaps,
in Egypt. For remedy, there is not
merely the hope for improvement from
the Aswan Dam, or similar construc-
tions, but there is also hope for more
effective use, throughout the whole area
of the Middle East, of the natural re-
sources and human labor available.
I have already suggested that here
lies the opportunity for a constructive
contribution by Israel to the well-being
of the area. With Israel as an experi-
ment station, and with the wealth flow-
ing into the Arab world from the de-
velopment of its oil resources, it should
be possible to do all that skill, expe-
rience, and capital can do to raise the
standard of living of the citizens of.
whole nations.
We have a part to play in the solu-
tion of the Arab problem, particularly
with reference to education. The num-
ber of schools must be greatly increased;
the number of teachers must be multi-
plied still more. The greatest single
opportunity for economic assistance lies
in the field of providing schools and
teachers to prepare these great popu-
lations for the social, economic, and po-
litical advance which leads them to-
ward a future of greater well-being.
The foreigh assistance of our country
might well be directed toward this proj-
ect. Why should we not duplicate, in
this age, the achievement of mass edu-
cation which did so much for the people
of the Philippines?
. The stage is set. We have but to co-
ordinate various elements of a great
drama of human advance, for which the
materials are now at hand in this area
of ancient, vanished civilizations. The
time has come to build up a new and
happier one.
ORDER FOR ADJOURNMENT TO
MONDAY
Mr. JOHNSON of Texas. Mr. Presi-
dent, I ask unanimous consent that
when the Senate concludes its delibera-
tions today, it stand in adjournment un-
til Monday next at noon.
The PRESIDING OFFICER <Mr.
THURMOND in the chair). Without ob-
jection, it is so ordered.
ORDER DISPENSING WITH CALL OF
'THE CALENDAR ON MO:t-.i"DAY
Mr. JOHNSON of Texas. Mr. Presi-
dent, I ask unanimous consent that the ·
call of the calendar under rule VIII be
dispensed with on next Monday.
The PRESIDING OFFICER. With-
out objection, it is so ordered. ·
REVISION OF TRANSPORTATION OF
EXPLOSIVES ACT
The Senate resumed the consideration
of the bill (S. 1491) to revise the Trans·
portation of Explosives Act, chapter 39,
title 18, of the United States Code, as
amended, which had been reported from
the Committee on Interstate and Foreign
Commerce with amendments, on page 1,
in the :first line after line 5, after the
word "and", to strike out "Combustibles"
and insert "Other Dangerous Articles";
in the 4th line, after line 5, after the
word "of", to strike out "dynamite, pow-
der, and fuzes; liquid nitroglycerin, and
other similarly dangerous"; in the 5th
line, after line 5, after the word "ex-
plosives,", to strike out "and"; and,
in the same line after the word "radio-
active", to strike out "materials and"
and insert "materials"; in the 6th line,
after line 5, after the word "agents", to
insert a comma and "and other danger-
oµs articles"; on page 3, line 3, after
the word "in", to strike out "naval or";
in line 4, after the word ''the", to strike
out "high explosive" and insert "ex-
plosive"; in line 6, after the word "the",
to strike out "high explosive" and in-
sert "explosive"; after line 7, to strike
out:
""'Primers' means devices used in ig-
niting the propelling powder charges of
ammunition."
After line 13, to insert:
"'Radioactive materials' means any ma-
terials or combination of materials that
spontaneously emit ionizing radiation.
After line 16, to insert:
"'Etiologic agents' means the causative
agent of the following diseases and such
others as may be prescribed from time to
time by the Surgeon General of the Public
Health Service: Anthrax, botulism, brucel-
losis, cholera, Colorado tick fever, Coxsackie
diseases, diphtheria, encephalitis (arthropod-
borne) , glanders, leptospirosis, lymphocytic
chbriomeningitis, melioidosis, meningococcal
meningitis, paratyphoid fever, plague, polio-
myelitis, Q fever, rabies, relapsing fever,
rickettsialpox, Rift Valley fever, Rocky
Mountain spotted fever, schistosomiasis,
scrub typhus, smallpox, tetanus, tuberculosis, .
tularemia, typhoid fever, typhus fever, and
yellow fever.
On page 4, line 4, after the word "of",
to strike out "dynamite, powder, and
fuzes; liquid nitroglycerin and other
similarly dangerous explosives; and"
and insert "explosives"; in line 6, after
the word "radioactive", to strike out
''materials and" and insert "materials";
in line 7, after the word "agents'', to in-
sert a comma and "and other dangerous
articles"; in line 10, after the word "any",
to strike out "high" and insert "dan-
gerous"; in line 23, after the word "the",
to insert "Interstate Commerce"; on page
5, line 14, after the word "military", to
strike out "or naval"; on page 6, line 3,
after the word "explosives", to insert
"radioactive materials, or etiologic
agents"; in line 15, after the word "who",
to strike out the comma and "for hire or
otherwise"; in line 22, after the word
"such", to strike out "for hire"; on page
7, line 18, after the word "any", to strike
out "for hire"; on page 8, line 11, after
the word "associations", to strike out
"including the Bureau for the Sa!e
Transportation of Explosives and Other
6667,
Dangerous Articles"; in line 18, after the
word "who'', to insert "being aware that
the Interstate Commerce Commission
has formulated regulations for the safe
transportation of explosives and other
dangerous articles"; on page 9, line 10,
after the word "and", to strike out "in-
vestigation" and insert "conduct such
investigations"; on page 10, line 2, after
the word "Commission", to strike out
"and its authorized representatives"; ·in
line 3, after the word "it", to strike out
"and them"; at the beginning of line 7,
to insert "explosives and other"; and, in
line 10, after the word "of", to insert
"explosives and other"; so as to make the
bill read:
Be it enacted, etc., That title 18 of the
United States Code, chapter 39, sections
831-835 inclusive, entitled, "Explosives and
Combustibles," as amended, is hereby
amended to read as follows:
"CHAPTER 39-EXPLOSIVES AND OTHER DAN-
GEROUS ARTICLES
"Sec.
S31. Definitions.
832. Transportation of explosives, radioac-
tive materials, etiologic agents, and
other dangerous articles.
833, Marking packages containing explosives.
834. Regulations by Interstate Commerce
Commission.
835. Administration.
"Sec. 831. Definitions
"As used in this chapter-
" 'Carrier• means any person engaged In
ti~e transportation of passengers or property,
by land, other than pipelines, including
common, contract, and private carriers and
freight forwarders, and officers, agents, and
employees of such carriers.
" 'Person' means any individual, firm, co-
partnership, corporation, company, associa-
tion, or joint-stock association, and includes
any trustee, receiver, assignee, or personal
representative thereof.
" 'For-hire carrier' includes common and
contract carriers.
" 'Shipper' shall be construed to include
officers, agents, and employees of shippers.
"'Interstate and foreign commerce' means
commerce between a point in one State and
a point in another State, between points in
the same State through another State or
through a foreign country, between points
in a foreign country or countries through
the United States, and commerce between
a point in the United States and a point in
a foreign country or in a Territorial posses-
sion of the United States, but only insofar
as such commerce takes place in the United
States. The term 'United States' as used
herein means the 48 States and the District
of Columbia. For the purpose of this act,
the District of Columbia shall be deemed to
be a State.
" 'Detonating fuses' means fuses used in
military service to detonate the explosive
charges of military projectiles, mines, bombs,
or torpedoes,
"'Fuses• means devices used in igniting the
explosive charges of projectiles.
"'Fuses' means the slow-burning fuses
used commercially to convey fire to an ex-
plosive combustible mass.
" 'Fusees' means the fusees ordinarily
used on steamboats, railroads, and motor
carriers as night signals.
"'Radioactive materials' mea~s any mate-
rials or combination of materials that span- ,
taneously emit ionizing radiation.
"'J:tiologic agents• means the causative
agent of the following diseases and such
others as may be prescribed from time to
time by the Surgeon General of the Public
Health Service: Anthrax, botulism, brucel-
losis, cholera, Colorado tick fever, Coxsackie
6668 CONGRESSIONAL RECORD - SENATE May 9
diseases, diphtheria, encephalitis (arthro- by land any explosive, or other dangez:ous vestigations, obtain such information, and
pod-borne), glanders, leptospirosis, lympho- article, specified in or designated by the hold such hearings as it may deem neces-
cytic choriomeningitis, melioidosis, menin- Interstate Commerce Commission pursuant sary or proper to assist it in exercising any
gococcal meningitis, paratyphoid fever, to section 834 of this title, under any false authority provided in this chapter. For
plague, poliomyelitis, Q fever, rabies, relaps- or deceptive marking, description, invoice, such purposes the Commission is authorized
ing fever, rickettsialpox, Rift Valley fever, shipping order, or other declaration, or any to administer oaths and affirmations, and by
Rocky Mountain spotted fever, schistosomi- person who so delivers any such article with- subpena to require any person to appear and
asis, scrub typhus, smallpox, tetanus, tuber- out informing such carrier in writing of the testify, or to appear and produce documents,
culosis, tularemia, typhoid fever, typhus true character thereof, at the time such or both, at any designated place. No per-
fever, and yellow fever. delivery is made, or without plainly marking son shall be excused from complying with
on the outside of every package containing any requirement under this paragraph be-
"Sec. 832. Transportation of explosives, ra- explosives or other dangerous articles the cause of his privilege against self-incrimi-
dioactive materials, etiologic contents thereof, if such marking is required
agents, and other dangerous ar- by regulations prescribed by the Interstate nation, but the immunity provisions of the
Compulsory Testimony Act of February 11,
ticles Commerce Commission, shall be fined not 1893 (49 U. S. C. 46), shall apply with re-
" (a) Any person who knowingly transports, more than $1,000 or imprisoned not more spect to any individual who specifically
carries, or conveys within the United States, than 1 year, or both; and, if the death or claims such privilege. Witnesses subpenaed
any dangerous explosives, such as and in- bodily injury of any persons results from a under this subsection shall be paid the same
cluding, dynamite, blasting caps, detonating violation of this section, shall be fined not fees and mileage as are paid witnesses in
fuses, black powder, gunpowder, or other more than $10,000 or imprisoned not more the district courts of the United States.
like explosive, or any radioactive materials, than 10 years, or both. " ( c) In administering and enforcing the
or etiologic agents, on or in any car or ve- provisions of this chapter and the regula-
hicle of any description operated in the "Sec. 834. Regulations by Interstate Com- tions prescribed thereunder the Commission
transportation of passengers by any for-hire merce Commission
shall have and exercise all the powers con-
carrier engaged in interstate or foreign com- "(a) The Interstate Commerce Commission ferred upon it by the Interstate Commerce
merce, by land, shall be fined not more than shall formulate regulations for the safe trans- Act, including procedural, and investigative,
$1,000 or imprisoned not more than 1 year, portation within the United States of explo- powers and the power to examine and in-
or both; and, if the death or bodily injury of sives and other dangerous articles, including spect records and properties of carriers en-
any person results from a violation of this radioactive materials, etiologic agents, flam- gaged in transporting explosives and other
section, shall be fined not more than mable liquids, flammable solids, oxidizing dangerous articles in interstate or foreign
$10,000 or imprisoned not more than 10 years, materials, corrosive liquids, compressed gases, commerce and the records and properties of
or both: Provided, however, That such ex- and poisonous substances, which shall be shippers to the extent that such records and
plosives, radioactive materials, or etiologic binding upon all carriers engaged in inter- properties pertain to the packing and ship-
agents may be transported on or in such car state or foreign commerce which transport ping of explosives and other dangerous ar-
or vehicle whenever the Interstate Com- explosives or other dangerous articles by land, ticles and the nature of such commodities."
merce Commission finds that an emergency and upon all shippers making shipments of
requires an expedited movement, in which explosives or other dangerous articles via any Mr. SMATHERS. Mr. President, I
case such emergency movements shall be carrier engaged in interstate or foreign com- ask unanimous consent that the com-
made subject to such regulations as the merce by land or water. mittee amendments be considered en
Commission may deem necessary or desirable "(b) The Commission, of its own motion, bloc.
in the public interest in each instance: Pro- or upon application made by any interested The PRESIDING OFFICER. Without
vided, further, That under this section it party, may make changes or modifications in
shall be lawful to transport on or in any such such regulations, made desirable by new in- objection, it is so ordered.
car or vehicle, small quantities of explosives, formation or altered conditions. Mr. REVERCOMB. Mr. President, let
radioactive materials, or other dangerous " ( c) Such regulations shall be in accord me ask what the number of the bill is.
commodities of the kinds, in such amounts, with the best-known practicable means for Mr. SMATHERS. It is Senate bill
and under such conditions as may be deter- securing safety in transit, covering the pack- 1491, to revise the Transportation of
mined by the Interstate Commerce Com- ing, marking, loading, handling while in Explosives Act; it is the unfinished busi-
mission to involve no appreciable danger to transit, and the precautions necessary to de- ness.
persons or property: And provided further, termine whether the material when offered is
That it shall be lawful to transport on or in in proper condition to transport. Mr. REVERCOMB. What is the cal-
any such car or vehicle such fusees, torpe- "{d) Such regulations, as well as all endar number of the bill?
does, rockets, or other signal devices as may changes or modifications thereof, shall, un- Mr. SMATHERS. It is Calendar No.
be essential to promote safety in the opera- less a shorter time is specified by the Com- 280.
tion of any such car or vehicle on or in mission, take effect 90 days after their for- The PRESIDING OFFICER. The
which transported. This section shall not mulation and publication by the Commission question is on agreeing to the amend-
prevent the transportation of military forces and shall be in effect until reversed, set aside, ments of the committee, which are being
with their accompanying munitions of war or modified. considered en bloc.
on passenger-equipment cars or vehicles. "(e) In the execution of sections 831-835
"(b) No person shall knowingly transport, of this title the Commission may utilize the The amendments were agreed to.
carry, or convey in interstate or foreign com- services of carrier and shipper associations, The PRESIDING OFFICER. The
merce, by land, within the United States, and may avail itself of the advice and assist- bill is open to further amendment.
liquid nitroglycerin, fulminate in bulk in ance of any department, commission, or board If there be no further amendment to
dry condition, or other similarly dangerous of the Federal Government, and of State and be proposed, the question is on the en-
explosives, or radioactive materials, or etio- local governments, but no official or employee grossment and third reading of the bill.
logic agents, except under such rules and of the United States shall receive any addi-
regulations as the Commission shall specifi- tional compensation for such service except The bill <S. 1491) was ordered to be
cally prescribe with respect to the safe trans- as now permitted by law. engrossed for a third reading, read the
portation of such commodities. The Com- "(f) Any'person who, being aware that the third time, and passed.
mission shall from time to time determine Interstate Commerce Commission has for- The title was amended, so as to read:
and prescribe what explosives are "other mulated regulations for the safe transporta- "A bill to revise title 18, chapter 39, of
similarly dangerous explosives," and may tion of explosives and other dangerous ar-
prescribe the route or routes over which such ticles, violates any such regulation shall be the United States Code, entitled 'Explo-
explosives, radioactive materials, or etiologic fined not more than $1,000 or imprisoned not sives and Combustibles'."
agents shall be transported. Any person more than 1 year, or both; and if the death Mr. SMATHERS. Mr. President, I
who violates this provision, or any regula- or bodily injury of any person results from a.sk unanimous consent to have printed
tion prescribed thereunder by the Interstate such violation, shall be fined not more than at this point in the RECORD a statement
Commerce Commission, shall be fined not $10,000 or imprisoned not more than 10 years, in explanation of Senate bill 1491, as
more than $1,000 or imprisoned not more or both. made by me.
than 1 year, or both; and, if the death or "Sec. 835. Administration
bodily injury of any person results from a There being no objection, the state-
violation of this section, shall be fined not "(a) The Interstate Commerce Commis- ment was ordered to be printed in the
more than $10,000 or imprisoned not more sion is authorized and directed to admin- RECORD, as follows:
than 10 years, or both. ister, execute, and enforce all provisions of
this chapter, to make all necessary orders in STATEMENT BY SENATOR SMATHERS ON SENATE
"Sec. 833. Marking packages containing ex- connection therewith, and to prescribe rules, BILL 1491
plosives regulations, and procedure for such admin- The purpose of this bill is to revise and
"Any person who knowingly delivers to any istration, and to employ such officers and bring up to date the provisions of the Trans-
carrier engaged in interstate or foreign com- employees as may be necessary to carry out portation of Explosives Act. Public hearings
merce by land or water, and any person who these functions; were held by the Surface Transportation
knowingly carries upon any car or -vehicle "(b) The Commission is authorized to Subcommittee and all desiring to testify
operated in interstate or foreign commerce make such studies and conduct such in- were heard.
 1957 CONGRESSIONAL RECORD - SENATE
The Transportation of Explosives Act was
adopted nearly 50 years ago and while it has
served its purpose well, it now needs revision
in many respects. There has been a tre-
mendous increase in the transportation of
dangerous articles following the increase in
the production of radioactive materials and
etiologic agents. This act in its present form
does not provide for regulations for the
transportation of etiologic agents; neither
does the act specifically cover radioactive
materials. The Interstate Commerce Com-
mission has prescribed regulations for such
materials by classifying them as poisons.
Etiologic agents such as live viruses, bac-
teria, and the like are not poisons, so there
is some question as to whether the Com.mis-
sion has the authority to prescribe regula-
tions on such commodities. This bill would
correct the situation and would place the
transportation of these articles squarely
within the jurisdiction of the Commission.
In its present form the Transportation of
Explosives Act applies to common carriers
only and violations of its provisions are sub-
ject to maximum penalties of $10,000 or 10
years' imprisonment or both. On the other
hand, the very same violations when com-
mitted by private or contract carriers are
prosecuted under section 222 (a) of the
Interstate Commerce Act which carries a
maximum penalty of only $100. The bill
would therefore remove this anomaly and
would extend the provisions of the Explosives
Act to include contract and private carriers.
The bill would amend present provisions
of the act relating to the marking of pack-
ages to include the tendering of such articles
to any carrier by land or water and to any
person carrying such articles upon any inter-
state carrier by land, including private as
well as common and contract carriers.
Prosecution for violations of the Com-
mission's transportation of explosives regu-
lations has been extremely difficult because
of the requirement in section 835 of the act
that violators must have knowledge that
they violated the Commission's regulations.
While the committee believes that every
reasonable precaution should be taken to
provide for punishing those violating a stat-
ute whose purpose ls to promote safety, the
creation of an absolute liability might be too
stringent. These violations often do not
arise from any affirmative intent but result
more from neglect when the law requires
care, or from inaction or indifference when
the law imposes a duty to act (Boyce Motor
Lines v. U. S. (342 U.S. 337 (1952)).
The committee, therefore, rather than es-
tablishing absolute liability by striking
"knowingly" from section 834 (f), prefers to
somewhat limit the liability by amending
section 834 (f) of the bill so as to provide
that any person "being aware that the Inter-
state Commerce Commission has formulated
regulations for the safe transportation of
explosives and other dangerous articles,"
who violates such regulations shall be sub-
ject to the penalties of fine or imprisonment
as provided in the act. Thus, those who are
in a position to be on notice that Interstate
Commerce Commission regulations should be
observed for the handling of explosives and
other dangerous articles are made subject
to penalties for failure to observe such regu-
lations.
This bill would include in the definition
of "person" a partnership, thus bringing a
partnership within the provisions of the
Commission's explosives regulations. This
change is considered necessary because the
Supreme Court has sustained a lower court's
holding that a partnership is not a legal
entity for the purpose of criminal liability
under regulations of the Interstate Com-
merce Commission . (U. S. v. American
Freightways Co., U. S., decided March 4,
1957).
6669
VISIT TO THE SENATE BY MEMBERS H. R. 2723. An act for the relief of Shigeko
OF THE SENIOR CLASS OF THE Kimura and her minor child; and
H.J. Res. 287. Joint resolution permitting
METAIRIE PARK COUNTRY DA~ the Secretary of the Interior to continue to
SCHOOL, OF NEW ORLEANS deliver water to lands in the Heart Mountain
Mr. LONG. Mr. President, we are division, Shoshone Federal Reclamation proj-
pleased to have in the gallery of the Sen- ect, Wyoming.
ate today the senior class of Metairie
Park Country Day School, of New Or- THE PREVIOUS QUESTION IN THE
leans, La. I wish to welcome them to
the Senate. They are studying the Na- SENATE
tional Government, and are learning Mr. DOUGLAS. Mr. President, from
something about their Nation's history time to time during the debate over
and traditions. I ask unanimous con- whether the Senate should proceed to
adopt new rules, it was said by the emi-
sent to have printed in the RECORD a list
of the members of the class who are nent Senator from Georgia [Mr. Rus-
making the trip, together with the names SELL] that, contrary to published re-
of their escorts. ports, the previous question motion,
There being no objection, the list was which was a part of the Senate Rules
ordered to be printed in the RECORD, as from 1789 to 1806, did not have the ef-
follows: fect of closing or limiting debate; and
Members of senior trip Metairie Park Coun- that in the practice of the Senate in
try Day School, New Orleans: those years, there had been no effective
Mr. Roland Nelson, headmaster; Mrs. T. D. rule to limit debate which could be in-
Wilson, chaperone; Sue Bayon; Barabara voked by a simple majority.
Breckinridge; Stella Farwell; Judy Wells;
It has also been said by the Senator
Wendy Coleman; Caroline French; Jean from Georgia and others that in those
Lampton; Judy Sharp; David Dike; Volker
Seifert; Manuel Trelles; Lonnie Watson; early days of the Senate, the "previous
Keith Hammett; Craig Nelson; James Parker: question" rule was not one whose usage
Peter Thompson; Bruce Baillif. was like the present usage of the "pre-
vious question" in almost every parlia-
mentary body, the effect of which is to
VISIT TO THE SENATE BY THE cut off debate, but that it was used then
RIGHT HONORABLE ROBERT to postpone a matter, the effect of which
BRISCOE, LORD MAYOR OF was said to be to follow the usage of the
DUBLIN British Parliament and the Continental
Congress.
Mr. GREEN. Mr. President, I should Mr. President, this may seem to be a
like to present to the Senate the Right highly academic matter to discuss, but
Honorable Robert Briscoe, lord mayor since the Senate places so much empha-
of the city of Dublin, Ireland. sis upon precedents, and since the ques-
[ Applause, Senators rising.] tion of a substitute for unlimited debate
The PRESIDING OFFICER <Mr. involves the use of the previous question,
CLARK in the chair). Without objection, and since, if we move to adopt new rules
the Senate will stand in recess briefly, so in the coming Congress, debate will take
that Members of the Senate may greet place under general parliamentary law,
the lord mayor. , which includes the previous question, it
Thereupon <at 2 o'clock and 44 min- is very important that we know what the
utes p. m.) the Senate took a recess until precedents, so far as the use of the pre-
2 :45 p. m. vious question is concerned, have been
During the }'ecess, the lord mayor of in both the United states senate and the
Dublin was greeted by Members of the British Parliament, and also, let me say,
Senate, who were presented by Mr. in the Continental congress.
GREEN. I have had my office notify the office
On the expiration of the recess, the of the Senator from Georgia that I in-
Senate reassembled, and was called to tended to discuss this subject this after-
order by the Presiding Officer. noon. so I have tried to comply with
the usages and practices of the Senate.
MESSAGE FROM THE HOUSE-EN- My main purpose in speaking today is
ROLLED BILLS AND JOINT RESO· to examine the records and the docu-
LUTION SIGNED ments and to show that, first, in the
early Senate, the moving of the previous
A message from the House of Repre- question could be used as a motion to end
sentatives, by Mr. Maurer, one of its debate; in fact, it was moved with the
reading clerks, announced that the intention of stopping debate; on two oc-
Speaker had affixed his signature to the casions its effect was to stop debate, and
following enrolled bills and joint reso- it was carried by a majority vote; and,
lution, and they were signed by the Act- second, while the previous question could
ing President pro tempore: also have the effect of postponement,
H. R. 676. An act to authorize the city of that point is only half the story, for in
Rock Hill, S. C., to acquire certain tribal both the British Parliament and the
lands on the Catawba Indian Reservation, Continental Congress the motion was
S. C.;
H. R. 1544. An act to provide for the con- also used to stop debate.
veyance of certain real property of the United I shall develop these paints as I go
States situated in Cobb County, Ga., to the along.
trustees of the Methodist Church, Acworth, SAME POINTS MADE IN 1953
Ga.;
H. R. 1757. An act for the relief of Nicola When the Anderson motion, that the
Marcello; Senate proceed to adopt its rules, was
·H. R. 2401. An act to provide for the re- before the Senate in 1953, the same con-
conveyance of certain land to the city of tention was made, namely, that the
Spearfish, s. Oak.; "previous question" had first only been
6670. CONGRESSIONAL llECORD-
· SENATE May 9
a motion to postpcne "Consideration privileges does not unduly attract the States-my·request to the distinguished
rather than a motion to end debate and attention of any of my colleagues. niis Senator to yield was refused.
bring a measure to a vote. In particu· one, however. attracted the attention of Further, Mr. President, on that very
Jar, the brief placed in the REcoRD on~ .. one of our most distinguished members, day I had a member of my staff deliver
half of those who opposed the Anderson the senior Senator from Georgia. and -a copy of the abstracts from those early
motion to proceed to adopt the rules of on January 4 he addressed himself to it Senate debates to the Parliamentarian
the Senate, contained such statements. 1n deb.ate. His particular objection to of the Senate.
That brief was printed as. a Senate the article was to the following sentence Now, Mr. President, I desire to take
document, Senate Document No. 4, 83d in a thumbnail chronology of Senate up four general matters.
Congress, 1st session, and the statement rules on debate: · First, J feel obligated to discuss the
is on page 11 of that publieation. From 1789 to 1806, debate on a bill could qualifications of Mr. Brant and to defend
That brief was placed in ,t he REcoRD be ended instantly by a ma]ority of Senators what is, indeed, described as an excel-
again this year. Various sources were present, through adoption of an undebatable lent reputation fo~ historical and scho-
quoted in that brief as .saying that the motion for the previous question.
larly work-a reputation which is in ~10
motion, the previous question, which was This, my distinguished colleague de- way diminished by the article he wrote
a part of the rules of the Senate from clared, was completely inconect. ior the Washington Post.
1789 to rno6, could not be used to end If- Second, I wish to take up, one by one,
debate and bring a vote-as in fact it the occasions on which the previous
was used-but was a motion to postpone Said he- question was moved in the Senate of the
consideration of a bill before the Senate Mr. Brant had been as zealous in his re- United States in the years 1789-1806.
and that it was debatable. In particu- search, and in seeking and producing -the
Third, I desire to discuss the issue of
lar, the brief quotes from an article facts as he was in being an advocate ln this
matter, he would have found that there was whether or not the motion for the previ-
written by Henry Cabot Lodge in the ous question was, in fact, debatable
North American Review of November -absolutely no relationship, except in name,
between the previous-questi-on rule which "without let or hindrance."
1893, entitled "Obstruction in the Sen- applied in the Senate in tb~se days. Finally, I wish to say .a few words about
ate." This is what he wrote: the historical evolution of the use and
There never has been in the Senate any And, I presume, he meant the pre-
rule which enabled th1' majority to close vious-question rule as it is employed in meaning of the previous question motion
debate or compel .a vote. The previous ques- other bodies to put an end to debate. in the United States and in the British
tion. which existed in the earliest years, was Concerning the early Senate rule he as- House of Commons.
abandoned in 1806, was the previous ques- serted: I
tion of England and not that with which
everyone is familiar today in our House of That was the previous-question rule from Before speaking about Mr. Brant's
Representatives. It was not in practice a the British Parliament, which applied in qualifications, I wish to state that he has
of cloture and it is therefore correct to say that body for many years. A motion for the written to me on the subject of his article
that the power of closing debAte in the mod- previous question was in the nature of a in the Washington Post and the previous
ern sense has never exised in the Senate motion to postpone consideration of a bill question motion. He apparently wel-
(p. 11). before the Senate. It was open to debate.
It could. be debated w.ithout let or hindrance comed the suggestion that he should de-
This passage from what Senator Lodge of any kind. It was merely a method of vote himself with zeal to seeking and
wrote has been extensively used, and, as disposing of a measure before the Senate producing facts. He has done so. At
I shall later show, it is almust completely without taking action on it at that time. the end of my remarks I shall place in the
wrong. RECORD a memorandum which he has
Further, Mr. Walter Lippmann, who prepared -on the development of cloture
While quoting from that brief during repeated Mr. Brant'.s point in an article
the 1953 debate, the late Senator Robert of his own on rule XXII, was also said and the previous question in American
Taft also quoted from an article in the by my eminent colleague to have been in and British practice. It includes a pene-
Congressional Digest of November 1926. error concerning the early practice of the trating study of the Senate's use of the
That article said in part: previous question.. probing the motives
Senate. and purposes of the Senators who in-
The previous question was provided for Late last December, before the debate voked it and of those who opposed it.
1n the first Senate Rules found in the Annals on rule XXII, I asked the Library of Con-
of the First Congress from 1789 to 1791. gress to go into this matter and to see I think that the way in which he has
Rules VIII, IX, and XI, related to the what actually had happened in the Sen- performed this task will impress even
previous question but were rarely used. th-0se who might be inclined to be
Like the precedents for the rule ln the Brit- ate under the previous question rule in critical.
ish Parliament and the Continental Con- effect from 1789 to 1806. I asked them Along with this memorandum, Mr.
gress when it was used in the early days of to go to the original sources--the Senate Brant has written me a letter which does
the Senate it did. not limit debate but Journals and the Annals of Congress-- not take up the highly .involved Senate
avoided a vote on a given subject. The and to send me abstracts of the proceed-
previous question was debatable • • • ings as given in those historic journals. cases, as does his memorandum, but sum-
but not on amendments. (CONGRESSIONAL At the very time Mr. 'Brant's statement marizes the results -0f his research into
RECORD, vol. 99, pt. 1, Jan. 6, 1953, p. 112.) was being called into question the fioor the debatability of the motion for the
previous question in the Senate, and the
I shall show t.oday, Mr. President, that of the Senate, and while his academic _part that motion has played in the de-
both of those statements, the statement qualifications were being rather roughly velopment of cloture both in the United
of Senator Lodge and the article in the - treated, I actually held in my hand the States and England. As this letter goes
Congressional Digest, are not accurate, abstracts from the original Journal of briefly and directly to the main points
and that they have misled a great many the Senate, the Executive Journal, and at issue, I desire to read it to the Senate.
eminent students of parliamentary law the Annals of Congress, which showed
and Members of the Senate. that Mr. Brant was substantially cor- WASHINGTON, D. C., .January U, 1957.
On the opening day of this session of rect. In fact at that po.int in the debate Senaror PAUL H. DOUGLAS,
Senate Office Build.ing..
Congress, January 3, 1957, I received I asked the distinguished Senator who Washington, D. C.
permission to place in the body of the was speaking to yield to me. I made that DEAR SENATOR DOUGLAS: The article l wrote
RECORD a number of papers bearing on request so that I might throw some light for the Washington P-0st and Times-Herald
the power of the Senate to chang.e its on the statements concerning the use of
rules, and the necessity of doing so. the previous question motion in the Sen-
.on the right of the present Senate to change
its rules without being thwarted by a past
Among these was an article written for ate from 1"189 to 1806. ·My attempted Senate appears to bave become a matter
the Washington Post and Times Herald interruption will be found on page 153 of controversy since you placed 1t 1n the
by Irving Brant, the biographer of Presi- of the CoNGRESSIONAl. RECORD for Jan- CONGRESSIONAL RECORD. The senior Senator
dent Madison. It was published under uary 4, 195'7, which I hold in my hand. from Georgia said on the floor that I was
completely ln error in stating that from
the heading •'Absurdities -and Confticts It will be noted that because we were 1789 to 1806, "debate on a bill could be
in Senate Rules Are Outlined,'' and ap- under very strict time limitatio.ns- ended Instantly by a majority of Senators
peared on January 2, 1957. which was something of a paradox, for present, through adoption of an undebat-
Ordinarily an article in a newspaper, we were debating the issue of unlimited able motion calling far the previous ques-
on the subjeet of senatorial powers and debate in the Senate of the United tion."
 1957 CONGRESSIONAL RECORD - SENATE
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, "could
be debated without let or hindrance. It
was merely a method of disposing of a meas-
ure without taking action on it at •that
time."
My reference to the motion for the pre-
vious question as undebatable 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 for the previous
question could be stopped at any moment
by the Presiding Officer. The rule provided
that "every question of order shall be de-
cided by the President without debate."
It was not until February 14, 1828, that rule
XVI was amended to allow an appeal from
the decision of the Chair. Instead of being
debatable "without let or 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 previous 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
1n 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's, scores
of years after the motion for the previous
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 previous 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 Erskine
May, "which appears to be a superior form
to that used in this country." Thus, Eng-
land split the system in two while we
use 1 motion for 2 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 exer-
cised in the past, it is well worth while to
examine the use 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 current conflict, even
though the conclusions which I reach from
the record may be displeasing to one group • .
6671
Enclosed is a Memorandum on the De- can historical writing of our generation.
velopment of Cloture and the Motion for Thorough, critical, judicious, compre ..
the Previous Question in America and Brit- hensive, well written, it has the quality
ish Practices.
Yours sincerely,
that so few biographies have, of doing
IRVING BRANT.
the job so completely and so well that
it does not have to be done over. What
I shall later ask to have the memo .. is perhaps most impressive about Brant's
randum which Mr. Brant submitted work is that it is based entirely on orig ..
printed in the RECORD. inal research, that it takes nothing for
Mr. President, since the qualifications granted but goes to the sources, that it
of Mr. Brant were called into question, maintains the very highest standards of
and since some ridicule ·was heaped rigid scholarship. Whatever may be said
upon him, I think it is only proper to of Brant's interpretations-and there
speak about the prominence of Mr. will always be differences of interpreta..
Brant as~ an historian. tion-this can be said with confidence,
I have in my hand five volumes which that Brant's historical scholarship is im ..
Mr. Brant has completed on the life of peccable and unimpeachable.
James Madison, which tell the story of II. THE PREVIOUS QUESTION MOTION AS USED IN
Madison from birth through his first THE SENATE OF THE UNITED STATES, 1789-
term as President, to the outbreak of 1806
the War of 1812. I have read all of I now come to the subject of the pre ..
these volumes. I have read 2 or 3 of vious question as it was 4 times employed
them several times. I can say that they in the United States Senate from 1789
rank, in the field of biography, with to 1806.
Dumas Malone's Life of Jefferson and I wish to say, as a matter of clarity,
with Carl Sandburg's Life of Lincoln. I that the "previous question" in the Sen ..
have read reviews of these books in the ate in those years was put in 2 different
historical journals of this country and forms, although the rules provided that
have noted with pleasure the high praise it could only be put in the affirmative.
which the eminent historians who are Those 2 forms were the affirmative
specialists in this field have heaped form and the negative form. The affirm ..
upon the work of Mr. Brant. ative form, as provided in the rules, was
It so happens that Mr. Brant has spe .. "Shall the main question be now put"?
cialized in the very period which is un .. The negative form, which was not pro-
der discussion today, the period from vided for in the rules, was worded, "That
1789 to 1806, and then the later period the main question be not now put."
in which the President of the Senate Depending upon the form and the
had power to close debate on his own vote, 1 of 2 results could ft.ow from either
action, that is until 1828. of these motions. The result could be,
Mr. Brant does not accept secondary first, to end debate and bring a vote on
sources. He goes back to primary the main issue; or second, to postpone.
sources in every case. He takes no one's When the motion was put affirmatively,
word for what happens. He goes to the namely, ''Shall the main question be now
original documents and to the records of put?" a majority of the Senators voting
the Senate and the House, and of the "yea" could close debate and the orig ..
Constitutional Convention, as well as inal motion could be brought to an im ..
letters of contemporaries and contem.. mediate vote. Later I shall deal with the
porary diaries. His work is a magnifi .. question of whether it could be debated
cent piece of American scholarship, and without let or hindrance.
students of American history know that When the previous question motion
he really needs no defense. was put in the negative, namely, "That
I wish to make the prophecy that the main question be not now put," a
when his final volumes appear, it is majority of the Senators voting ''nay"
quite probable that he will be awarded could close debate and a vote could be
the Pulitzer Prize, although, of course, I brought immediately on the main ques ..
have no power to bestow that prize on ti on.
him. In any event, I think there can In other words, a negative vote on the
be no doubt about the qualifications of negative form meant that all the debate
Mr. Brant. I am sure that when the was shut off, and the main question was
eminent Senator from Georgia, with his put. There was no hiatus, no inter..
characteristic sense of fairness, reviews regnum.
the evidence, he will not wish to stand on On the other hand, when the majority
the criticisms which he made of Mr. voted "nay" when the motion was put
Brant's scholarship. in the affirmative, this had the effect
Mr. President, I wish to read an ex- of postponing consideration. Also when
cerpt from a letter from one of the most the majority voted "yea" when the mo ..
eminent American historians, Henry tion was put in the negative, this had the
Steele Commager, professor of history effect of postponing consideration.
at Columbia and at Amherst College, Therefore, I wish to draw the first
who is one of the best known and au- main point. That is that every form of
thoritative of historians. This letter the previous question-affirmative or
concerns Mr. Brant. I wrote him ask .. negative-could bring the main question
ing for his judgment as to how Mr. Brant to a vote depending upon the will or
stood in the profession. I should like sense of the Senate. That is to say that
to read the salient portion of the letter. the previous question when put affirma ..
which was sent to me under date of tively ended debate when passed in the
April 13, 1957: affirmative, and .when put negatively, it
Brant's Madison, which has now ended debate when passed in the nega-
reached 5 volumes, is by universal agree .. tive and brought the main question to
ment. of American historians, one of the an immediate vote, without further de ..
most impressive achievements of Ameri.. bate•.
6672 CONGRESSIONAL RECORD- SENATE
To put it in a slightly different way,
when the vote on the previous question
motion corresponds directly with the
form of the question, debate is closed
and a vote is taken on the main issue.
That is to say a "nay" vote to the nega-
tive form of the question results in clos ...
ing debate and bringing the main ques-
tion to a vote, and an amrmative vote on
the affirmative farm of the question re-
sults in closing debate and brings the
main question to a vote.
Now I wish to turn to the four cases
when the motion was used in the Senate.
I shall not discuss them at length at this
time ior that should wait until Senators
have had ari opportunity to read the facts
about them which are presented in Mr.
Br.ant's memorandum. However, I shall
give a brief summary of those eases as
well as the abstracts of them from the
Senate's records, and, of course, they are
found in the Executive Journal of the
United States Senate, and the annals
of the Eighth Congress, first session, as
well as the Journal of the first session
of the Senate of the United States, which
is still in the rare-book room in the Li ..
brary of Congress.
In August of 1789, the Senate had be-
fore it a bill entitled "An act providing
for the expenses which may attend nego-
tiations or treaties with the Indian
tribes." On ..August 17 and 18, 1789, the
previous question was moved on each day
and put in the form provided in the
rules: Shall the main question be now
put? On both occasions, which I am
here using as a single case, the motion
was defeated. The effect was to post-
pone the main question and it appears
that this was the purpose of moving the
motion. It is also clear that had the
motion passed in the affirmative, the ef-
fect 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,
13, U, 17, 18, 19, and 20, 1789, which are
found in the Journal of the first session
of the Senate of the United States.
There being no objection, the ab-
stracts were ordered to be printed in the
REcoRD, as follows:
I Journal of the first session of the Senate
of the United States]
ABSTRACT 1
(Friday, August 7, 1789)
A MESSAGE FROM THE PRESIDENT OF THE UNITED
STATES, BY GENERAL KNOX
Gentlemen of the Senate, the business
which has hitherto been under the consider-
ation of Congress, has teen of so much Im-
portance. that l was unwilling to draw their
11.ttention 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 immediate interposltlon
o! the general Government.
I have, therefore, directed the several southern department, that may be .nomi-
staternents and papers which have been na.ted by the President, and appolnted by,
submitted to me on this subject, by General and with the advice and consent of the Sen-
Knox, to be laid before you for your infor- ate, the sum of ---,Per day, including his
matlon.
While the measures of Government ought in attending a treaty, proposed to be held
to be -calculated to protect 1ts citizens from by the Commissioner.s of the United States
all injury and vlolence, a due regard shou1d · and the Creek Indians, at the Rock-Landing,
be extended to those Indian tribes, whose in the Stat.e of Georgia, on the 15th day of
happiness. in the course of events so mate- l>eptember next;
rlally 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 distTict, 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-
thority should expire with the occasion.
How far such a measure, unassisted by posts,
would be competent to the establishment
and preservation o.f peace and tranquillity 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 which
the honor, safety, and well-being of our coun-
try so evidently and so essentially depend;
but it may not be amiss to observe, that I am
particularly anxious it should receive as early
att.ention as circu::nstances will admit; be-
cause it is now in our power to avail our-
selves of the military knowledge dissemi-
nated 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 causes. To suffer this peculiar advan-
tage to paEs away unimproved, would be to
neglect an opportunity which will never
again occur, unless, unfortunately, we should
again be involved in a long and arduous war.
GEO. WASHINGTON.
NEW YORK, August 7, 1789 (pp. 89-90).
(Thursday, August 13, 1789)
A MESSAGE FROM THE HOUSE OF REPRESENTA•
TIVES
Mr. Beckley, their Clerk, brought up a 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,"
together with the papers referred to in the
President's message of the 7th of August-
and he withdrew.
The bill entitled "An act providing for the
expenses which may attend negotiations or
treaties with the Indian tribes, and the ap-
pointment of commissioners for managing
the same," was read a first time, ordered,
that tomorrow be assigned for a second
reading. (Pp. 95-96.)
(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 appointment
of commissioners for managing the same,"
ordered, that the bill be committed to Mr.
Few, Mr. Ellsworth, Mr. King, Mr. Lee, and
Mr. Butler (p. 96).
(Monday, August 17, 1789)
The committee appointed to take 1.nto
consideration the bill, entitled "An act pr-0-
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 b~ allowed and paid
to a Superintendent of Indian Affairs in the
expenses, for the time he may be employed
May 9
"That in case the proposed treaty should
fa.ii In the desired object, of establishing
peace between the citizens of the United
States and the Creek Indians, Congress will
make such gr.ants 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 paEsed 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 Congre.ss,
passed on the - - day of - - and aid them
in .carrying into effect a treaty that is pro-
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 whlch sum he shall be
accountable;
"That the President of the United States be
requested to instruct the .said Superintend-
ent and Commissio.ners, to hear and fully in-
vestigate all the complaints and grievances
of the said Creek "Indians, .and to use all the
means in their power to quiet thei'r minds
and do them ample justice, agreeably to the
aforesaid resolution of Congress, and in-
structions heretofore given for the purpose:
That if the said Indians should prove re-
fractory, or refuse to treat and establish peace
on just and reasonable terms, then and in
that .case, the said Superintendent and Com-
missioners be directed to make immediate
report thereof to the President 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 pro-
tection of the inhabitants of the southern
frontiers, and best secure the peace of the
United States."
It passed in the negative.
On motion, that it be
"Resolved, That the President of the United
States be authorized and empowered, and
he is hereby authorized and empowered,
should 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 number of
the militia as he shall think sufficient 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 ex-
penses 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 tomor-
row (pp. 96-98).
(Tuesday, August 18, 1789)
And proceeded in a second readi~ of the
bill, enti-tled "An act providing for the ex-
penses which may attend negotiations or
treaties with the Indian tribes, and the ap-
pointment <>f Commissioners for managing
the same."
On motion, to strike out -''Eight Dollars,"
from the clause providing for the compensa-
tion to the Commissioner, and insert "$5," in
line B.
It passed tn the negative.
On motion, to insert after "Eight dollars
per day", "at the discretion of the President."
It p.assed in the negative.
1957 CONGRESSIONAL RECORD - SENATE
On motion, upon the compensation to the
commissioners, to strike out "eight dollars,''
and insert "six dollars."
It passed in the negative.
Ordered, That the rules 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 $20,000
instead of $40,000.
The ~eas 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. Few, nay; Mr. Gunn, nay; Mr. Henry, yea;
Mr. Johnson, yea; ~Ir. Izard, nay; Mr. King,
yea; Mr. Langdon, yea; Mr. Lee, nay; Mr.
Ma.clay, 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 affirmative.
On motion, that it be
R esolved., That Congress will make pro-
vision for the. discharging of any expenses
that may be incurred by such military ar-
r an gements, as. the President of the United
St ates may think proper to make, for the
purpose of protecting the citizens of Georgia
from the d epredations of the Creek Indians,
should peace not take place with them, o.i:
should they, having agreed to a peace, violate
t h e same.
And on motion for the previous question,
to wit: "Shall the main question be now
put?"
It passed fn the negative.
And on the question upon the bill, tt was
Resolved, To concm therein with the
amendment:
Or dered, That the Secretary carry the said
bill to the House of Representatives for their
concurrence in the amendment (pp. 98-99).
(Wedn esday, August 19, 17ag)
A MESSAGE FROM THE HOUSE OF REPRESENTA•
TIVES
l\!r. Beckley, their Clerk, informed the Sen-
ate, that the House had concurred in their
amendments proposed to the bill, entitled
"An act. providing for the expenses which
m ay attend negotiations or treaties with the
Indian tribes, and the appointment of com-
missioners for managing the same."
And he withdrew (p. 100).
{Thursday, August 20, 1789)
A MESSAGE FROM THE BOUSE OF REPRESENTA•
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 managi:n,g
the same," examined by t-he 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
St ates for his approbation.
Mr. Beckley, their Clerk, informed the Sen-
ate, that the President of the United States
had affixed his signature to a bill, entitled
"An act providing for the expenses which
may attend negotiations or treaties with the
Indian tribes, and the appointment of com-
missioners for managi ng the same." And
had returned it to the House of Representa-
tives (pp. 100-101). · sage from the President of the UnUed States.
Mr. DOUGLAS. The second occasion
on which the previous question motion
was useCi on January 12 and 16, 1792~
The Senate had before it the considera-
tion ot various Presidential nominations
of United States Ministers at foreign
courts, and specifically the nomination of
William Short. of Virginia, to be Min-
ister resident at the Hague. '.The Senate
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 mo ..
tion being put in the affirmative form.
Nevertheless, it was put in the negative
form.
The motion carried and this resulted in
postponement. The intention to post-
pone is evident in the negative form of
the question. There appears to be the
additional purpose of preventing a de-
bate which would have jeopardized a
presidential nomination. I ask unani-
mous consent that there be printed at
this point in the R ECORD the abstract
from this debate of January 12 and Jan-
uary 16, 179-2, which appears on pages
96-98, volume I, of the Executive Journal
of the Senate.
There being no objection, the ab-
stract was ordered to be printed in the
RECORD, as fallows:
ABSTRACT 2 United States, at The Hague, together with
The Senate had under consideration vari-
ous presidential nominations o! United
Stat es · Ministers at foreign courts.
{Thursday, January 12, 1792)
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 St ates at Paris, the yeas and nays
were required by one-fifth of the Senators
present:
Mr. Bassett, yea; Mr. Bradley, yea; Mr.
Burr, nay; Mr. Butler, yea; Mr. Cabot, nay;
Mr. Carroll, yea; Mr. Dickinson, yea; Mr. Ells-
worth, yea; Mr. Few, nay; Mr. Foster, 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;
Mi:. Monroe, nay; Mr. Morris, yea; Mr. Read,
yea; Mr. Robinson, nay; Mr. Rutherford, yea~
Mi:. 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 Pa.Lis-, 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 be 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
h a ving reported the information obtained
from the Secretary af State on this subject.
·A motion was made that it be
Resolved, 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 the
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
6673
United States; and agreed that the oons!d-
eration thereof be postponed until Monday
next.
A message from the President of the United
States, was, by Mr. Lear, his secretary, com-
municated to the Vice President, and he
withdrew.
UNITED STATES, JanUtCtry 12, 1792.
GENTLEMEN OF THE SENATZ: I nominate
Richard Peters to be district judge of the
Pennsylvania district, vice William Lewis,
who has resigned his appointment.
GEO. WASHINGTON.
The message was read, and ordered to lie
for consideration.
·(Journal of the executive proceedings of
the S3nate of the United States, vol. I, Wash·
ington, 1828, pp. 96-97.)
(Monday, January 16, 1792)
The Senate proceeded to the consideration
of the message of the President of the United
States, of the 22d of December last, and the
nomination of William Short, o! Virginia,
now Charge des Affaires of the United States.
at Paris, to be Minister resident for the
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 que::.tion:
Mr. Bassett, yea; Mr. Bradley, nay; Mr.
Burr, nay; Mr. Butler, yea; Mr. Cabot, yea;
Mr. Carroll,.yea; Mr. Dickinson, yea; Mr. Ells-
worth, yea; Mr. Few, nay; Mr. Foster, nay;
Mr. Hawkins, yea; Mr. Henry, yea; Mr. John-
ston, yea; Mr. Izard, nay; Mr. King, yea; Mr.
Langdon, yea; :Mr. Lee, nay; Mr. Monroe.
nay; Mr. Morris, yea; Mr. Read, yea; Mr.
Robim:on, nay; ~fi'. Rutherford, nay; Ml\:
Stanton, nay; Mr. Sherman, nay; Mr. Strongo.
nay; Mr. Wingate, nay. Yeas, 13; nays, 13.
The numbers being equal, the previou•
question was by the Vice President de•
terminated in the affirmative.
On the question 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 States at The Hague, as nomi•
ated in the message of Dzcember 22;
The yeas and nays were required 'by one•
fifth of the Senators present.
Mr. Bassett, yea; Mr. Bradley, nay; Mr.
Bnrr, nay; Mr. Butler, yea; Mr. Cabot, y.ea;
Mr. Carroll, yea; Mr. Dickinson, yea.; Mr. El-
lsworth, nay; Mr. Few, nay; ~.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 Charge des Afi'aires of the
United States, at Pa:ris~ to be Minister resi-
dent 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 mes-
of the 11th instant, nomillating William
Carmichael and William Short, Commission-
ers Plenipotentiary, for negotiating and con-
cluding a treaty concer.ning the navigation
of the Mississippi River, by the citiZens of
the United States; and agreed that the
further consideration thereof be postponed.
(Journal of the executive proceedings of the
Senate of the United States, voL I, Wash-
ington, 1828, pp. 97-98.) _
6674 CONGRESSIONAL RECORD-SENATE
Mr. DOUGLAS. Mr. President, on the
third occasion when the previous ques-
tion was moved, it was moved in the form
prescribed by the rules. That was on
February 26, 1799. -The Senate had be-
fore it the nomination of the President of
William Vans Murray, to be Minister of
the United States to France, a message
which was superseded by another mes-
sage nominating several Envoys to
France. The previous question motion
was moved in the words "Shall the main
question be now put?" On this vote the
.. yeas" prevailed. De'Qate was then
stopped and the main question was put
to an immediate vote.
This is a clear case of the use of the
previous question in the affirmative form
to stop debate.
The purpose of this motion was also
to secure an immediate vote and not to
postpone the subject, although in the
absence of further evidence the under-
lying motive for the move is left open to
conjecture.
I ask unanimous consent that there be
printed in the RECORD at this point an
abstract from this debate which is from
page 318 of volume I of the Executive
Journal of the Senate.
There being no objection, the abstract
was ordered to be printed in the RECORD,
as follows:
ABSTRACT 3 John Pickering, that the said John Picker-
The Senate resumed consideration of the
nomination by the President of William
Vans Murray to be Minister of the United
States 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 Minister Plenipotentiary of
the United States to the French Republic.
On motion, That it be
Resolved., That by the message of the Presi-
dent of yesterday, nominating Oliver Ells-
worth, 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 ques-
tion, it was determined in the affirmative.
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. Pre dent, on
March 10, 1804, while sitting as a Court
of Impeachment in the trial of Judge
Pickering, the previous question was
moved for the last time. Here the ques-
tion was worded as the rules required:
"Shall the main question be now put r
And here we find written evidence in the
accusing diaries of minority Senators
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 RECORD at a later
point but I now asl{ unanimous consent
that there appear in the RECORD at this
point an abstract of that part of the de-
bate over Judge Pickering at the place
where the previous question was moved.
This abstract is from the original which
appears on pages 362-363 of the Annals
of Congress, 8th Congress, 1st session.
There being no objection, the abstract
was ordered to be printed in the RECORD,
as follows:
ABSTRACT 4 win, Breckenridge, Cocke, Ellery, Franklin,
The Senate was sitting as a court of im-
peachment in 11he trial of Judge Pickering.
(Saturday, 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 present
prepared to give their final decision upon the
articles of impeachment 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
ering, at the time of the conduct charged
against him in the said articles of impeach-
ment, as high crimes and misdemeanors,
was, and yet is, insane, which suggestion has
been supported by the testimony of two
members of the court, and by the affidavits
of sundry persons, whose integrity is unim-
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 court, 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 understandingly 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 would be in order
to move an amendment to it?
Mr. Adams said, he would object to any
amendment to it, as, by the rule of the
court, a gentleman had a right to a vote
upon 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 resolu-
tion, submitted by the gentleman from Vir-
ginia yesterday, be taken up as being en-
titled 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 some 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
Jl,fay 9
by yeas and nays; that his resolution, and
the. manner in which it might be got rid of,
should be seen and understood.
Mr. Anderson then· moved to amend the
resolution, by striking out the word "not
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, as
follows:
Yeas:. Messrs. Adams, Dayton, Hillhouse,
Olcott, Pickering, Plumer, Tracy, Wells, and
White.
Nays: Messrs. Aderson, Armstrong, Bald-
Jackson, Logan, Maclay, Nicholas, Potter,
Israel Smith, John Smith of Ohio, Sam'l
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 up and
passed-yeas 20, nays 9. Those who voted
in the affirmative 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 micro-
cosm of the development of the previous
question in American practice. At the
outset, in 1789, the Senate started with
the positive form of the motion and on
one occasion it achieved postponement.
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 fourth cases (one-half of the
totaD the Senate employed the affirma-
tive form of the motion for an affirma-
tive purpose-to cut off debate and
bring the main question to an immediate
vote.
If one looks at the record of the Pick-
ering trial as published in the Apnals of
Congress, it has the appearance of being
defective. 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 is
said about the putting of the motion.
Mr. Brant's memorandum reveals the
reason for the omission-a most remark-
able one.
The Senate was operating as a court
of impeachment, with supplementary
rules. All motions had to be voted on
by yeas and nays in open session. But
debate on motions was forbidden except
in closed session. The Senate was in
closed session, debating a resolution of-
fered by Senator White of Delaware,
when Jackson moved the previous ques-
tion. To v.o te on it, it was necessary to
open the doors. But opening the doors
stopped the debate, and that was the
purpose of moving the previous ques-
tion. With the doors open, nothing re-
mained except to take the yeas and nays
1957 CONGRESSIONAL RECORD- SENATE "6675.
on the controversial resolution, wbicfi. tract his words. If this offended Mr. The protests against curtailment of de-
was thereupon -defeated by the same Nicholas, said he: bate, the references to closing and open-
Senators who had cut off the debate. I am wllling and ready to give him satis- ing the doors of the Senate, the refer-
To eliminate all doubt concerning the faction at any time and place he will please ences to- moving the previous question
intentions of the Senate majority on to name. have been italicized; also the remarks of
March 10., 1804. when the previous ques- Nicholas about keeping the resolution
tion was moved for the last time, l need In other words, they could fight a duel. out of the journals, because these are
but read a single sentence from that The Senate has happily graduated from . closely connected with the motion for
day's entry in the diary of John Quincy such juvenile delinquencies. But we the previous question.
have yet to realize that the Senate 150 From the sequence it is perfectly plain
Adams, one of the defeated Senators= years ago in its ability to limit debate
The next struggle was to prevent all de- was a more effective body than it is to- that the doors were closed much earlier
bate upon the resolution. than is indicated in the official account.
day. Ample power existed, both in the Plumer apparently tried to correct the
To rei>roduce the emotional i>itch of motion for the previous question and the sequence. He copied various portions
that debate, just before it was cut off by unappealable authority of the Vice of the official account into his diary,
the majority, I need but read the words President, to cut off debate and bring shifting the position of them to fit his
set down in the diary of Senator William the business of the Senate to a decision. recollection, but apparently was stumped
Plumer: That power was. used, and .used effec- by some of the inconsistencies regarding
Mr. Nicholas-
tively, under circumstances far less pro- the time of Anderson's attempt to amend
vocative than a filibuster, which in that the resolution.
That was Senator William Cary Nicho- day was unknown in the Senate. It was Most of the Plumer entries are em-
las, leader of the majority and spokes- used to suppress a 1-day debate which ployed in this chart to emphasize the
man for President Jefferson-a man so was merely obnoxious to the majority. enormous omissions from the official
close to Jefferson that he is buried in the I am not arguing the merits of that record, and they could have been far
Jefferson family burial ground at action by the Senate in 1804. But the longer. ·
Monticel!o- _ fact that it ·used the power is enough to I ask unanimous consent that the
Mr. Nicholas vociferated, order, order, or- prove that the power existed. entries in the official record of the trial
der-I will not submit to hear our proceed- Here in parallel columns are the com- and ·of the relevant diaries be printed
ings_ called by the degrading name of· a plete entries in the official record of the at this point in the RECORD.
mock trial.
trial of Judge Pickering, and the prin- There being no objection the entries
To which, says the Plumer diary, Sen- cipal and all revelant entries in the were ordered to be printed in the RECORD
ator White replied that he would not re- di~ries of Senators Adams and Plumer. as follows:

WILLIAM PLUMER, MEMORANDUM OF PROCEED·

ANNALS OF CONGRESS, XIII, 362-363
Upon the opening o! the Court, Mr. White
submitted the following resolution: "Re-
solved. Tha.t 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 am.e ndment to it.
Mr. Adams said, he would object to any
ronendment, as by the rule of the Court, a
gentleman had a right to a vdte upon any
specific proposition he might be pleased to
submit, connected with. the trial.
Mr. Whiteo called for the reading of the
rule.
Mr. Anderson then moved that the res-
olution submitted by the gentleman from
Virginia yesterday (to pronounce !udgment
on Monday next] be taken up as being en-
titled to be n.cted upon first.
The President pro tempore [Franklin, of
North C'arollna] 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 hoped 1t 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 hts resolution and the
manner in which it might b& got rid of,
should be seen and understood.
Mr. Anderson then moved to amend the
resolution, by striking o_u t the words. "not
DIARY OF JOHN QUINCY ADAMS, MEMOIRS, I. INGS IN THE UNITED STATES SENATE, 1803-07
302-303 PP. 173-177
Mr. White, in Senate, moved this morning Mr. White then submitted the following
a resolution declaring the Court not pre- resolution:
pared to give judgment • • •
On this resolution it was not without the (Coples official record.)
utmost difficulty that any discussion whatso-
ever could be obtained.
(Not mentioned in Adams Diary, presuma- (Copies official record, adding a word.)
bly because it was covered in the omcial Mr. White called for the reading of the
record.) rule-Read.
A motion was made that the galleries b&
closed-but the motion was lost.
Mr. Nicholas, to give It the slip, insisted (Copies official record.)
upon having his resolution, offered yester-
day. first taken up~ On. which 1 :rose. and
said that if Mr. White's motion was not
considered l should 0ffer a resolution pre-
vious in its nature to that of Mr. Nicholas ..
1 was called to order as entering into debate.
I answered· that l was not debating, but
merely stating the purport. of a resolution
r should 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 presi- (Copies official record.)
dent determined that l.VIr. White's resolution.
should be taken up before that of Mr. Nich-
olas.
A motion for postponing the further con-
sideratfon of this was then made but with-
drawn.
The next struggle was to prevent all de- On motion of Mr. Dayton the galleries
bate upon the resolution. By our rules were cleared and the doors closed.
there can be no debate on any motion in Mr. WHITE. There has been no trial-no
open court. A motion to close the doors tor appearance, no plea-no defense whatever.
the purpose of discussing the resolution was. on the part of the accused. Our proceed-
rejected, nine members voting for it. But ings scarcely deserve the name of a mock
although we are allowed no debate, yet mo- trial.
'tions to strike out parts of a resolution pro- Mr. Nicholas vociferated, order, order, or-
posed were admitted by the majority; and der-I will not submit to hear our proceed-
Mr. Anderson moved to strike out a great ings called by the degrading name of a mock
~art of Mr. White's resolution, so a.S to get trial.
6676 CONGRESSIONAL RECORD - SENATE
ANNALS OF CONGRESS, XIII, 362-363-Con.
having been heard by himself or couns~l,".
and all after the words "was and yet is m·
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
aa at first submitted-yeas 9, nays 19.
Mr. DOUGLAS. Mr. President, it
therefore appears from the records of
the Senate itself, that in the period 1789
to 1806, the Senate, on 4 occasions, used
the previous question motion. On 2 oc-
casions its purpose was to postpone. On
2 other occasions, its purpose was to end
debate and bring a vote. Further, it will
be clear from the nature of the motion
that had the Senate voted differently 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 th'e will of the Senate.
COULD THE PREVIOUS QUESTION BE DEBATED
WITHOUT LET OR HINDRANCE?
Now, Mr. President, I turn from what
actually happened in the Senate on the
4 specific occasions when the previous
question was moved to the fallowing gen-
eral questions:
First. Is it a fact that the motion for
the previous question could be debated
"without let or hindrance" under the
·rules of the Senate up to 1806? and
DIARY OF JOHN QUINCY ADAMS, MEMOIRS, 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 for 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 insane
man as a guilty one; of sentencing, unheard,
a man who could not be present at this time
without immtnent hazard of his life; of pre-
cipitating decision without necessity, was
urged; Mr. Anderson, and most of the mem-
bers 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.
Although the rule is that all motions shall
be decided by yeas and nays in open court,
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.
Second. Can it be debated without let
or hindrance today, for the purposes of
obstruction under general parliamentary
practice. These are key questions.
With the present Vice President ex-
pressing the opinion that section 3 of the
present rule X:XII of the Senate is un-
constitutional, the matters at issue are
liable at some stage to be affected by rul-
ings based on parliamentary procedures
in general. In that event, the hope of the
def enders of the filibuster is to secure a
ruling that parliamentary precedents,
especially in the United States Senate
and in the English House of Commons,
admit of no limitation of debate upon
the motion to put the previous question.
It was, I suspect, these important as-
pects of the subject that caused my dis-
tinguished colleague to make some com-
ments which brought into question the"
academic qualifications of Mr. Brant to
discuss the subject-remarks which I am
sure he would not have made under less
controversial circumstances.
May 9
WILLIAM PLUMER, MEMORANDUM OF PROCEED•
INGS IN THE UNITED STATES SENATE, 1803-07
PP. 173-177-Continued
Mr. WHITE. Mr. President, I am in order,
sir-and while I have a seat in this body I
will 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 court 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.
(Plumer 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 previous question,
viz: "Shall the main question be now put."
Mr. WHITE. Whatever question ts taken on
this subject, I hope it will be yeas and nays;
and that the resolution and the manner in
which it is disposed of may be seen and
understood.
Mt. 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
motion 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 negatived.
It is the importance of this matter
which largely prompts my discussion of
the subject today, so as to lay the basis
for a future ruling by the Presiding Of-
ficer of the Senate.
Let me first point out that the Vice
President, from 1789 until 1828, had the
power to decide questions of order with-
out an appeal being taken from his de-
cision by the Senate as a whole. That
power was found in rule XVI before the
rules were amended by the general re-
vision 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 whether he is in order or
not; but every question of order shall be
decided 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 obliga-
tion 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.
 1957 CONGRESSIONAL RECORD - SENATE 6677
This was a general rule, covering the It therefore appears clear that, first, question was put before the Congress it-
disposal of all questions of order. The from the nature and use of the previous self and by a 7-3 vote it decided that
next rule, No. XVII, made an additional question in the first 17 years of the his- when the negative form of the previous
provision for personal calls to order. I tory of the Senate; and second, the power question was passed in the negative, they
quote it: of the Vice President to decide points of were required to proceed to a vote on the
If a member be called to order for words order without appeal, that the Senate substantive issue before them. In other
spoken, the exceptionable words shall be had the power and used the power to words, two negatives made an affirmative.
immediately taken down in writing, that the end debate and bring matters to a vote THE SENATE FROM 1789 TO 1806
President may be better enabled to judge in that early period.
of the matter. (The Journal of the first I may say that the RECORD in the From 1789 to 1806, as we have already
session of the Senate of the United States, four cases I have read discloses, so far seen, the Senate had the a:mrmative form
pp. 14-15.) as I can ascertain, that there was no its of the previous question as a part of
rules.
These two rules were the only ones on debate on the putting of the previous It also used the negative. On the 4
the subject of order. Thus, both in mat- question; and once the question was put, occasions when the previous question was
ters of personal conduct and parliamen- there was no further debate on the main used, the motion in the affirmative form
tary procedure, the decision of the Vice question itself.
President or President of the Senate was That power did exist and it would still was used 3 times, and the purpose of
absolute and final during all the years exist at the beginning of a new session the motion on the last 2 occasions was to
in which the Senate had a rule for the of Congress if there were an attempt to close debate. In other words, it evolved
in purpose from a motion to postpone to
previous question. The power of the filibuster a motion to proceed to the a motion to stop debate, although its
presiding officer remained absolute until adoption of new rules of the Senate and effect could have been to end debate on
1828, when rule XVI was amended to the previous question motion.
read: "every question of order shall be When decisions of the Vice President all four occasions.
decided by the President without debate, were made appealable in 1828, the power HOUSE OF REPRESENTATIVES

subject to an appeal to the Senate." to decide did not vanish. It was given The House of Representatives has al ..
It may be asked, what if the Vice a broader base in the will of the major- ways had the previous question motion.
President, in that day when he possessed ity. If there be an appeal from that to From 1789 to 1880, it was in the same
unappealable authority, refused to rule general parliamentary practice, it must form as that provided by the early rules
that a filibustering debate was out of be to that parliamentary practice which of the Senate, namely, "Shall the main
order? Well, what we are discussing is makes any obstructive debate a contempt question be now put?" In 1880, it was
whether the power existed at that time, of the body. decided that the Speaker, on motion,
not whether the possessor of it was will- Now I wish to devote a few minutes to should ask for the "yeas" and "nays" on
ing or unwilling to use it. But I will say the developmen~ of the American and "ordering the previous question."
that if any Vice President of the period British systems of curbing excessive de- In the American House of Representa-
we are talking about-John Adams, bate. tives, the filibuster was used as an effort
Thomas Jefferson, or Aaron Burr, whose HISTORICAL DEVELOPMENT OF THE PREVIOUS to prevent a vote as early as 1811. When
busts are placed over the press gallery- QUESTION IN THE UNITED STATES AND GREAT an obstructive crisis reached its peak, it
had declined to uphold a point of order BRITAIN-THE CONTINENTAL CONGRESS was effectively dealt with in February of
against a filibustering debate on the mo- In 1778, the Continental Congress 1811, when the motion for the previous
tion for the previous question, he would adopted the previous question in the question was used 6 times in 1 night to
have done so in disregard of section 17 of negative form, that is, "That the main force a crucial question to a vote.
Jefferson's Manual of parliamentary question be not now put." Its osten- The event which occasioned its use as a
practice. I quote the relevant part of sible purpose was to postpone. At that cloture motion was a bitter contest over
section 17: time, there was no need for a cloture foreign policy which preceded the War
No one is to speak impertinently or beside motion for the filibuster, and obstructive of 1812. The filibuster was being used to
the question, superfluously, or tediously. debate was unknown. The reason, of defeat the nonintercourse bill.
cour·se, was that the votes of 9 of the 13 Therefore, the House followed the Sen-
That was a rule of parliamentary prac- States were needed for passage of a ate precedents at this very early time
tice which Thomas Jefferson laid down measure, and the problem was in getting and used the affirmative form of the
as a result of listening to the debates in the representatives of that many States previous question to obtain cloture.
the Senate. together at any one time in order to That is still its use-although the form
I do not suppose anybody will contend vote. Therefore, if obstruction or delay has been modified-in the House of Rep-
that in a day when the Vice President was the purpose of any group, this could resentatives and that is its use in other
had the power and the parliamentary have been accomplished by absences parliamentary bodies-with the excep ..
duty to halt a speech that was merely rather than by prolonged debate. In tion of the Senate-today.
tedious, he lacked either the power or other words, the affirmative require- Mr. JAVITS. Mr. President, would the
the obligation to halt one that was ments of more than two-thirds majority Senator from Illinois mind an interrup-
tedious, dilatory, and deliberately ob- of the States prevented the filibuster. tion at this point, or would he prefer that
structive. Certainly it cannot be argued It should be remembered, however, it be postponed?
that Vice President Thomas Jefferson that even this negative motion could The PRESIDING OFFICER <Mr.
would have refused to uphold the views and did close debate and bring a vote, CLARK in the chair). Does the Senator
which he expressed in his own manual. for when the "nays" prevailed in 1778 the from Illinois yield to the Senator from
I expect to hear somebody argue that Congress adopted an interpretive ruling New York?
as soon as the Vice President lost this that they must proceed to a vote. Mr. DOUGLAS. I am glad to yield.
power, by the allowance of an appeal The matter, interestingly enough, Mr. JAVITS. Mr. PI·esident, I should
to the Senate, the power vanished com- dealt with the question whether any per- like to inform the Senator from Illinois.
pletely. son holding office under the United . who has given so much time and devotion
That would be a remarkable argu- States could promote, encourage, or at- to the question of the Senate rule which
ment, indeed, and one completely un- tend plays. The act provided that if permits a filibuster-a rule which has
tenable. To maintain it would mean that they did, they should be deemed un- been used primarily in connection with
if the Presiding Officer alone could do it, worthy to hold such o:mce and, accord .. civil rights bills-that in the Committee
then certainly the Presiding Officer and ingly, should be dismissed. on Rules and Administration we are hav ..
the Senate together could do it. It would On this occasion-the only one re .. ing quite a struggle with respect to the
mean that the Vice President and Sen- corded in the index-the previous ques- resolution of the Senator from Illinois
ate combined are incapable of enforcing tion motion, worded in the negative car- and also the resolution sponsored by both
a point of order which formerly could 1·ied in the negative. A motion was made the majority leader and the minority
be enforced by the Presiding O:Hicer to postpone action on the substantive leader.
alone. matter until the next day. A question I should like to congratulate the
If the Presiding o:mcer alone could was then raised if the Congress were not Senator from Illinois for perceiving the
do it, then certainly the Presiding Officer required to proceed to a vote when the critical importance of this issue and of
and the Senate together could do it. previous question was negatived, '.I'he the entire civil-rights issue, of which it
$)78 CONGRESSIONAL RECORD - SENATE
is a very essential corollary, if any action
is to be had; and I also wish t.o con-
gratulate him upon his leadership on this
subject.
I urge the 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 ln his own
party-as I am attempting 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 subject
combine their efforts-to have the Sen-
ate take action on the civil-right3 issue.
So I urge the Senator from Illinois 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 here much longer than I have .
will do the same, to try at one and the
same time we are seeking to have the
Senate act on the civil-rights bill also to
seek to have the Senate act on the two
resolutions.
The present situation is as follows:
Upon my motion, the Committee on Rules
and Administration has designated ari
ad hoc subcommittee for the purpose of
considering this question. The subcom-
mittee was designated about April 1.
I have done my utmost to get the sub-
committee to .report one of the resolu-
tions. I have not been successful.
Right now, .hearings have been ordered,
with an unlimited amount of time avail-
able at the hearings, insofar as Mem-
bers of Congress are concerned; and
with a limitation of one-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 Com-
mittee on Rules and Administration,
which is to occur approximately 2 weeks
hence, I will again raise the issue; and
I have served notice that I will raise it
then.
I repeat that, without any gleam in my
eye or without any idea that this situa-
tion casts re.flection upon either one
party or the other-for after all, both
parties have their troubles-I desire to
point out that the question of the Sen-
ate rule which permits a filibuster is a
corollary of the civil-rights issue, and
should be pressed with the same vigor.
I am delighted that the Senator from
Illinois has taken the leadership in this
matter. I have the honor to be a ea-
.sponsor of his resoluti-0n-and I em-
phasize that it is his resolution. The
Senator from Illinois has taken the lead-
ship on this issue in his own party, as I
have in mine.
The PRESIDING OFFICER (Mr.
CLARK in the chair) . The Chair desires
to associate himself with the remarks of
the Senator from New York.
Mr. IX>UGLAS. Mr. President, I wish
to thank both Senators for their com-
ments.
A number of Senators on this side of
the aisle have tried to have action taken
on the .civil-rights bills and on the pro-
posal to change rule XXII, rather than
to permit the Senate to be interminably
tied up with debate. I am delighted that
the Senator from New York is pushing
along those lines, on his .side of the aisle, development of the previous question in
and I ~preciate very much that in the
Rules Committee he moved th~ adoption
of my resolution to change rule XXII,
of which resolution he is a cosponsor.
In times past and. as all of us know,
even up to the present. Senate Members
opposed to civil rights have worked, on
both. side.s of the aisle; and there has
been an alliance between sections of 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.
l remelll;ber the poem entitled "A Mod-
ern 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 keep alive."
There are many who, although they
themselves will not stab civil rights to
death, will furnish the dagger or other
.instrument or the interminable debate
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 1)ress on together; and the more
converts we make, the better.
Mr. JAVITS. Mr. President, will the
Senator from Illinois yield again to me?
Mr. DOUGLAS. Yes, indeed.
Mr. JA VITS. Mr. President, I think
the Senator 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 rule which permits
civil-rights measures to be killed in 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 who, for one
reason or another, believe a Member can
feel differently about the cloture issue
than he does about the civil-rights issue.
To the contrary, Mr. President, I sin-
cerely believe that Members cannot do
so. I believe there is a real majority of
the Senate in favor of the enactment of
civil-rights measures; and I believe 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 will be in favor of ehang-
ing the cloture rul~.
I thank the Senator from Illinois for
yielding to me.
Mr. DOUGLAS. Mr. President, I
thank the Senator from New York. Let
me say that his 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.
THI: Bltll'ISH .BOUSE OF COMMONS
Mr. President, now let us turn to the
May 9
the House of Commons. Let us recall
the quotation, from the 1953 brief against
tb.e Anderson motion, of the words of
lienry Cabot Lodge that·:
The previous question which existed in the
earliei;t years, and was abandoned in 1806,
was the previous question o! England and
not that with which everyone is fammar
today in our House of Representatives. It
was not in practice a form of cloture and it
is therefore correct to say that the power of
closlng debate in ~he modern sense has
never existed in the Senate. (p. 11.}
That, as we have seen, is totally ~n
error.
We recall also the quotation from the
Congressional Digest of November 1926
which the proponents of the filibuster
placed in the RECORD in 1953:
Like the precedents for the (previous ques-
tion) rule ln the British Parliament and the
Continental Congress when it wa.s used in
the early days of the Senate and it did not
limit 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 Senate. The Continental Congress
actually ruled that the motion closed
debate on one occasion; and in the Sen-
ate, the previous question was used on
two occasions to limit debate. Further-
more, the motion could always have had
that effect if that had been the sense of
tb.e Senate on the other occasion when
it was used.
It is also clear that the statement is
not accurate concerning British prece-
dents. Today, the House of Commons
.has two motions which can bring debate
to a close and can bring on a vote. One
is called ''c1oture," and the other is called
the "previous question." Both are in
addition to the modern guillotine.
The cloture motion is worded affirma-
tively, 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 cen-
turies before the House of Commons
adopted the cloture motion in 1882. it
had other methods of preventing ob-
struction; and the motion for the pre-
vious question also could, and did pro-
duce that ef!ect.
I wish to introduce at this point in
the RECORD, a second letter from Mr.
.Brant. It traces the use and history of
the previous question motion in the
House of Commons. Mr. President, I
ask unanimous consent that the letter be
printed at this point in the RECORD, as a
part of my remarks.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
FEBRUARY 6, 1957.
Senator PAUL H. DoUGLAS,
Senate Office Building,
Washington, D. C.
DEAR SENATOR DOUGLAS: Since writing my
memorandum on the pr.evious question and
.cloture I ha-ve found time to examine the
Journals o.! the English House of Commons

1957 CONGRESSIONAL RECORD-SENATE
from 1604 to 1789-that is, from the birth-
year of the motion for the previous question
to the year in which_lt was incorporated in
the rules of the United States Senate. The
result is a mountain of evidence that, meas-
ured by its effects, the previous question was
infinitely more important in the early period
as a producer of cloture than as a method
of postponing a question.
Hatsell's Precedents, published in 1781,
furnished most of the early history of the
previous question drawn upon in May's Law
and Usage of Parliament and Jefferson's
Manual. 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 25th of May, 1604, is the first in-
stance I have found of putting the previous
question," he refers to only four other in-
stances of it before 1700. 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 previous 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 A. D. 1604 and
1700, the previous question was moved 736
times in the House of Commons. It resulted
in cloture 491 times, in postponement 245
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 strug-
gle and wide swings in British Government.
It embraced 37 years of Stuart supremacy
over Parliament, nearly 20 years of the Puri-
tan Revolution, close to 30 years of the
Stuart Restoration and a final period of tran-
quility 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:
1604 to 1640, the period of Stuart su-
premacy: Motions, 3. Results, cloture 3.
1640 to 1658, the Puritan Revolution, em-
bracing the Long Parliament, the Common-
wealth and the Cromwellian Protectorate:
Motions, 523. Results, cloture 351, postpone-
ment 172.
1658 to 1660, period of chaos, Stuart Resto-
ration, and retribution: Motions, 97. Re-
sults, cloture 74, postponement 23.
1661 to 1688, reign of Charles II: Motions,
81. Results, cloture 47, postponement 34.
1688 to 1700, reign of William and Mary:
Motions, 32. Results, cloture 16, postpone-
ment 16.
Totals: Motions, 736. Results, cloture 491,
postponement 245.
Following the Revolution of 1688, it will
be observed, postponement caught up with
cloture. The chan.ge 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 modern
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 p'o stponement two-thirds
of the time.
Finally, when parliamentary obstruction
developed in the 19th century, the previous
question was transmuted into the virtually
identical cloture motion, while the motion
for the previous question conti:cued 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 cen-
tury do not identify the movers of the previ-
ous 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, e.hifting from
"whether it be put" to "that it be put." By
all the rules of logic, such a chi;,nge denotes
intent.
Even in later times the previous-question
rule has had a tendency to proo.uce 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 Erskine May cited (but did
not describe) three 19th-century examples
from the House of Lords. Two of these mo-
tions represented the clear purpose of post-
ponement, although in one of these the mo-
tion 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 this action (Lords'
Journal, 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 (Lords' Jour-
nal, v. 74, p. 87.) The third example was by
far the most controversial.
On August 6, 1839, 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 Lords' Jour-
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: . tively demanded; and I am satisfied that I
" [Loud cries of 'Question, question.'] • • •
" [Cries of 'Divide' and 'Question'.) • • •
" [Continued cries of 'Question' and 'di-
vide.']"
It was under the stress of sucb cries, and
after a warning by Lord Brougham about
"the waning night and the waning patience
of the House," that the previous question was
moved and carried by 86 to 52. The main
question then carried without a division
(Mirror of Parliament, VI, 4775-4777, 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 debate
and led directly to passage of the resolution.
It was a duplication by the House of Lords
of the dominant aspect of the previous ques-
tion in the 17th century.
The House of Commons three centuries
ago had other effective ways of dealing with
excessive debate and kindred obstructive de-
•
6679
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-
fluous motion, or tedious speech, be offered
in the House, the party is to be directed and
ordered by Mr. 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-VII, 861.)
The moment the rule was ctpproved, 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 comulained toot
on his drawing up a motion which represent-
ed the King's pleasure and express com-
mandment, it pleased the Speaker "to dis-
taste my motion, and • • • to clip me off."
He intended to inform the King of this. On
the Speaker's initiative, the House adjudged
Mr. Tey's conduct "to be an error in the
party, and he ordered to acknowledge his
error publicly; which he presently was con-
tent to do; and so was pardoned by the
House." The custom in that day was to send
nonapologizing members to the Tower.
That 1604 prohibition of any tedious
speech came down through Hatzell into Jef-
ferson's Manual, written to guide procedure
in the United States Senate. Jefferson as
Vice President had power to enforce it, which
meant power to stop a filibuster. Together
with the prohibition of any superfluous mo-
tion and kindred 1604 rulings, it furnished
the legal basis for the declaration of the
Speaker of the House of Commons on July 25,
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 ma.in effect
in early days was cloture, and the British
closure motion of the present day-bot.h 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 person 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 5-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 impera-
shall best carry out the will of the House,
and may rely upon its support, if I decline
to call any more Members to speak, 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," 1by which, on a 3-to-1 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 Hotise
had power to do. What followed is revealed
in Hansard's Parliamentary Debates for Feb-
ruary 25, at a later stage of the person and
property filibuster:
"Mr. O'Donnell: I wish to say-and I will
delay the House only a very few minutes-
"Mr. Speaker: It appears to me to be the
general sense of the House that the question
should. 'be now put.
 •
_6680 CONGRESSIONAL RECORD - SENATE May 9
"The MIU"quess of Hartington [a Becretary gia, ref erred to the previous question of the House. It should be emphasized
of State]: I beg to move, sir, that the ques- motion in the early Senate: that he was not announcing a new prin-
tion be now put."
"Motion made, and question put~ 'That the That was the previous question rule from dple, but said at that time that every-
question be now put.' " the British Parliament, which applied in one knew that 'Obstruction was in con-
The motion carried, 282 to 32, and the that body for many years. A motion for tempt.
House then voted 281 to 36 "That this bill do the previous question was 1n the nature of The House of Commons then had no
pass." a motion to postpone . consideration of a
cloture rule as such. The previous ques-
This took place nearly 2 years before the bill before the Senate. tion had of ten had the effect of closing
word "closure" or the "closure rule" came Mr. Brant made an extraordinary debate. The rules of Parliament, wrote
into tht? House of Commons rules. What ac- study of the many occasions on which Sir Thomas Erskine May <the Clerk of
tually happened was that on the Speaker's
initiative, and in fulfillment of the mandate this motion was used, and has tabulated the House), in describing the situation,
given him to stop filibusters, the wording of the results. It is a tremendous feat of were designed to afford every legitimate
the previous question was employed, delib- reseaTch, and is extremely important in opportunity of discussion. In the observ-
erately and knowingly, for the specific pur- the study of this question. ance of these rules he said, "Freedom of
pose of ending debate and forcing a vote on Well, what was that motion in the debate has been respected with rare pa-
the bill. The same thing happened 4 days British Parliament, and what effect did tience and self-denial." He then con-
later on another bill, an<i in each case the it have?
action was indexed in the Journal of the tinued, and the citation is May,s Law
House of commons as a motion for the pre- In the 17th century-that is, from and Usage of Parliament, ninth edition,
vious quest ion. Here are the two entries 1604, when it was first adopted, to 1700- 1883, page 380:
in the index to the 1881 Journal: 12 years after William and Mary as- But of late, these salutary rules have been
"Question, previous; put and agreed to, cended the throne of England-the pre- strained and perverted, in the House of
it appearing to Mr. Speaker to be the general vious question was moved on 736 occa- commons, for purposes of obstruction.
sense of the House, That the question be now sions. lts effect was to close debate 491
put [page] 96. Mr. Speaker having stated times and to postpone only 245 times. lt became clear that such a course, if
that he collected from the last division, that From 1700 to 1790-that is until the persisted in, would frustrate the power
it was the general sense of the House, that time when the first Senate of the United and authority of Parliament and secure
the question be now put, 100."
Thus we find that after closing debate 491 States adopted the previous question the domination of a small minority, con-
times in the 17th century, through the rule-the previous question was moved demned by the deliberate judgment of
motion for the previous question, the House in the House .of Commons 163 times. Its the House and the country. That it was
of Commons deliberately resorted to the same effect was to close debate 48 times, and unparliamentary and opposed to the
instrument in 1881, for the purpose of ending to postpone 115 times. principles of orderly government was
filibusters. Back -0f all this is the demon- Thus, in the almost 2 centuries of manifest, and on the 25th of July, 1877,
strated fact that the House of Commons, like usage of the previous question rule in it was declared by the Speaker:
any parliamentary body, h as power to insure
the orderly transaction of business accord- the British Parliament before it was That any member willfully and persist-
ing to the will of the majority, and that this adopted in the :first Senate, we find that ently obstructing public business, without
power was effectually exercised by the Speak- it was moved on 899 occasions. Its effect just and reasonable cause, is guilty of a can-
er, with the unspoken assent of the House, was to limit or close debate 539 times, tempt of the House, and would be liable to
before he was formally clothed with this and to postpone on 360 occasions. such punishment, whether by censure, by
authority. So if the previous question motion in suspension from the service of the 'House,
Appl th lo r f d or by commitment, as the House may ad-
Y ese ng mes 0 prece ent to the - the early Senate was as the proponents judge. (Sir T. Erskine May's Law and Usage
current contro_versy over t~e senatori~l fili- of the filibuster claiin it was the rule of Parliament, 1883 edition, pp. 380-381.)
buster, in which the previous quest1011 is . . . . ! . .
likely to be invoked during the process of from the ~ntish Parliament, It is quite So, instead of converting the motion
changing the rules. rt is clearly revealed not clear that It was a rule whose effect was
only that cloture was the most familiar r~sult to limit debate 60 percent of the times for the previous question into a means
of moving the previous question during the it was used prior to its adoption by the of cloture at that time, the Speaker as-
fust century of its use, leading logically to first Senate. Thus, its pTin~ipal use was serted the power of the House, under
the American use of it for that purpose, but to close debate, and Mr. Brant is not general parliamentary practice, to stop
that British practice took the same direction in error when he states that there "is a filibuster by suspending the partici-
when the need arose in the 1880's . And it is t · . f ·d pants or comm1·ttm·g them I as;ip th s
evident that any attempt to filibuster the a ~oun am o ev1 en~e that, m.easured · . •A. oe
putting of the motion for the previous ques- !JYit.s effect, th~ previous ~uest10n was of my colleagues who appeal to British
tion 1s contempt of the House under par- mfi~1tely more important m the early Parliamentary practice as a guide to de-
liamentary practices running back to 1604. J)enod as a producer of cloture than as cision of points of order in the United
If British precedents are to be invoked a method of postponing a question." States Senate, whether they al'e willing
today, to curb the right of the United states From 1790 to 1882-when the House to be governed by this particular Par-
Senate to change its rules through the freely of Commons adopted a specific cloture liamentary power? Which would they
expressed will of the majority, it wm have rule-the previous question motion ac- prefer, to let debate be closed by mov-
to be done in d~ance o.f English history as tually limited debate on no less than ing the previous question-as is done in
well as o.f the. Umted States Constitution. 67 occasions. In this latter period the all other American legislative bodies---or
Yours smoerely, motion resulted in postponement on would they rather be dealt with by a
IavING BRANT. something like 294 occasions. citation and punishment for contempt,
Mr. DOUGLAS. Mr. President, Mr. The foTm of the previous question mo- which is an alternative if the general
Brant's findings are summarized in the tion in the British House of Commons parliamentary practice of the British
following sentence of his letter: ev.olved over the years, and the motion House of Commons is invoked.
The result is a mountain of evidence that, before 1882 was put "that that question In 1878, a select committee of the
measure<i by Its effect, the previous question be now put." If the "yeas" prevailed, House of Commons was appointed to
was infinitely more important tn the ~ar1y debate was stopped and the main ques- study the problem of obstructive debate
period as a producer of cloture than as, a tion voted on. When the "nays" pre- and to make a report on that problem.
method of postponinf; a question. vailed, the main question to which it It will be recalled that the Irish leader,
The· proof of this assertion is found referred was postponed. Isaac Butt, died in 1879 and Charles
in the figures Mr. Brant cites on the It should be noted that this motion Stewart Parnell took over the leadership
use of the previous question motion in was in the aftlrmativeform, and the neg.. of the home-rule movement. As the
the British House of Commons. First, ative form of the previous question only eminent Oxford historian, Keith Feil-
however, recall that the proponents of came into use in the House of Commons ~ng, put it, Parnell "set to work on
the filibuster have c1aimed that the pre- in 1888. two fronts: at Westminster, to make
vi<>us question motion ih the early Sen- In 1877, when the House was faced Parliament unbearable by obstruction
ate was like the rule in the British Par- with obstructive debate over the South untn Ireland's "Claims were. heard, and
liament in that-they say-it did not African bill, the Speaker ruled that-as to bid one British party up against the
limit debat.e but avoided a Yote on a was the tradition of the House-a Mem- other"-Keith Feiling, A History of Eng-
-subject. And my distinguished col- ber who was willfully persistent in ob- . land, London, Macmillan, 1950, page
league, the senior Senator from Geor- structive debate was guilty of contempt -978.
 1957 .CONGRESSIONAL RECORD - SENATE 6681
So it happened that the question_of and if on the call of the Speaker 40 Members And this action also led to the follow-
how to deal with obstructive debate came shall support it by rising in their places, ing entry in the Index for March l, 1881:
inescapably before the British House of the Speaker shall forthwith put the question
[that the public business ls urgent], no de- Question, previous, put, and agreed
Commons soon after the Speaker made bate, amendment, or adjournment being to • • • ~. Speaker having stated that he
his 1877 ruling. allowed * • • and if the question be re- collected from the last d~vision, that it wi;s
The next move was the adoption of a solved in the affirmative by a majority of the general sense of the House, that question
standing order in 1880, under which any not less than three to one, the powers of the be now put, 100.
l\~lember who was cited by the Speaker House for the regulation of its business upon These incidents show how the Speaker
for willfully obstructing debate was sus- the several stages of bills, and motions, and
all other matters, shall be and remain with exercised the power to regulate proceed-
pended. Several Members were sus- ings and that the official index to the
pended, but the obstruction increased. the Speaker, until the Speaker shall declare
that the state of public business is no longer debates show the incidents as examples
In February of 1881 the situation be- urgent. of the previous question which, on these
came so intolerable that I wish to qu.o te occasions, closed debate and was used
the following from Hansard's Parlia- This was adopted February 3, 1881, for that specific purpose.
mentary Debates, third series, volume and the bill was voted to be urgent. The Following these events it was decided
257, column 2032, during the debate over ef!ect of this proposal was to affirm that that a formal system of closing debate
the protection of person and property- the House had full authority to regulate would be more ef!ective--as certainly it
Ireland-bill: its proceedings and to delegate this would be less irritating-than punish-
(9 a. m. Wednesday, February 2 [1881]) power to the Speaker to exercise at his ment for contempt. Thus, in 1882, the
At this time Mr. Speaker returned to the discretion. House adopted a cloture rule. The form
House and resumed the chair; and the hon- A few weeks later, there were two fur- of the motion was "That the question be
orable Member for Cavan at once resumed ther incidents which show how effective now put." As a result, the House of
his seat. the power of the Speaker to limit debate Commons had two motions-the previous
Mr. Speaker thereupon addressed· the really was. I quote again from Han- question and a cloture motion. They
House as follows: sard's Parliamentary Debates, third
"The motion for leave to bring in the pro~ were both worded in the affirmative and
tection of person and property (Ireland)
series, volume 258, column 1832, during they differed in form only between a
bill has now been under discussion for above the Debate over the Protection of Person "that" and a ~ the", that is.
5 days. Tlle preseht sitting, having com- and Property-Ireland-bill on February Previous question: "That that question
menced on Monday last at 4 o'clock, has con- 25, 1881: be now put."
tinued until this Wednesday morning, a pe- Mr. O'DONNELL. I wish to say-and I will Cloture: "That the question be now
riod of 41 hours, the House having been fre- delay the House only a very few minutes-
quently occupied with discussions upon re- put."
Mr. SPEAKER. It appears to me to be the
. peated dilatory motions for adjournment. general sense of the House that the question There was another dif!erence between
However prolonged and tedious these discus- be now put. these two motions apart from the differ-
sions, the motions have been supported by ence between a "that" and a "the." Both
small minorities, in opposition to the gen- In other words, he was shutting of! ended debate and brought a vote if the
eral sense of the House. debate. "yeas" prevailed, but there was a differ-
"A crisis has thus arisen which demands ence between them when the "nays" pre-
the prompt intervention of the Chair, and of The MARQUESS OF HARTINGTON. I beg to
the House. The usual rules have proved move, sir, that the question be now put. vailed. If the "nays" prevailed when the
powerless to insure orderly and effective de- [.Hartington was described as "one of Her previous question was put, the ef!ect was
bate. An important measure, recommended Majesty's principal Secretaries of State."] to postpone the matter. If the "nays"
in Her Majesty's speech nearly a month Motion made, and question put, "That the prevailed when cloture was put, debate
since and declared to be urgent in the inter- question be now put." continued. ·
ests of the State by a decisive majority, is {Ayes 282, noes 32. Question put, "That
this bill do pass." Ayes 2_81, noes 36.] Because these differences were so
being arrested by the action of an inconsid- subtle and because the farms of the mo-
erable minority, the Members of which have And this action led to the following
resorted to those modes of 'obstruction' tion were so much alike, the Speaker, in
which have "been recognized by the House
entry in the Index: 1888, proposed a change. He proposed
as a parliamentary offense. Question, previous; put, and agreed to, it that the form of the "previous question"
"The· dignity, the credit, and the authority appearing to Mr. Speaker to be the general be changed to the negative form, namely.
of this House are seriously threatened, and sense of the House, that the question be "That the question be not now put."
it is necessary that they should be vindicated. now put, 96. He did this for two obvious reasons.
Under the operation of the accustomed ru)es First, because when both motions were
and methods of procedure, the legislative The second incident is found in Han-
powers of the House are paralyzed. A new sard, same volume, column 2017, March in the affirmative, it was easy to confuse
and exceptional course is imperatively de- l, 1881, on the debate over the Peace one with the other. Second, as the "pre-
manded; and I am satisfied that I shall best Preservation-Ireland-bill: vious question" was ordinarily put for
carry out the will of the House, and may [Motion before the House that debate be the purpose of postponement, but had
rely upon its support, if I decline to call adjourned.] the ef!ect of cloture if the "yeas" pre-
any more Members to speak, and at onc:e The MARQUESS OF HARTINGTON. I hope the vailed and of postponement if the "nays"
proceed to put the question from the chair.House will not assent to this motion, but that prevailed, the Member moving the pre-
I feel assured that the House will be pre- it will determine to conclude this debate vious question motion for the purpose of
pared to exercise all its powers in giving tonight. If we may judge from the tone and postponement had to vote against his
effect to these proceedings. character of most of the speeches recently
"Future measures for insuring orderly de- own motion-or "nay"-if he wished his
delivered, it appears to me that there is not purpose to be · fulfilled.·
bate I must leave to the judgment of the material for another discussion.
House. But I may add that it will be neces- So, what happened was that the House
sary either for the House itself to assume (Journal of the House of Commons, p. 100, of Commons actually followed two Amer-
more effectual control over its debates or to March 1, 1881) ican precedents. In effect, it adopted the
entrust greater authority to the Chair." [Motion to adjourn debate defeated, after American system of using the previous
Question put, "That the words proposed midnight, 202 to 21.]
to be left out stand part of the question." And, Mr. Speaker, having stated that lle
question as a means of stopping debate,
The House divided-ayes 164, noes 19. collected from the last division that it was but changed the name of it from the
Majority, 145. the general sense of the House that the previous question to cloture. It then
The Speaker then proceeded to put the question be now put: preserved the motion for the previous
main question, which was agreed to without A mot!On was made, and the question question and held it to its original pur-
a division. being put, that the question be now put. pose of postponing a vote, by adopting
[These proceedings cause great excite- The House divided. the wording which we in the United
ment aillong the Members present; and those The yeas to the right. States employed to achieve that end dur-
who had voted in the minority withdrew from The noes to the left.
the House, crying, "Privilege! Privilege!") [Tellers named.] ing the period of our confederation.
• • Yeas 200, noes 22. It should be .recalled, however, that the
Mr. GLADSTONE. I propose to move tomor• [Main question carried by same vote, effect of its use in the Continental Con-
row the following resolutions: authorizing the bringing in of a blll to amend gress was to end debate. Do not get the
1. If upon notice given a motion be made . the law relative to possession of firearms in impression that this was a mere coinci-
that the state of public business is urgent, Ireland.] dence. I quote the words ln which Sir
CIII--421
6682 CONGRESSIONAL RECORD - SENATE May 9
Thomas Erskine May, the Clerk of the United States, for about a century and a. his own motion has all the appearance of
House of Commons, suggested the half, the previous question has been a reversal of the original process. Cer ..
change. It is to be found on page 304 moved for the primary and explicit pur· tainly, in the early days of America, our
of the 1883 edition of his Law and Usage pose of cutting off debate and forcing lawmakers merely decided that a motion
of Parliament: the main question to a vote. to vote on a question now was a motion
In 1778, the Congress of the Confederation How has this American development to vote on it now. That seemed more
adopted the "previous question" in a nega- come about? Some will say it has come natural to them than to move to vote on
tive form, i. e., "that the main question be about by a perversion of the original it now in order to eefeat the motion and
not now put," which appears to be a superior rule. They simply complain that parlia· prevent a vote on it now. I call that sup ..
form to that used in this country and is still mentary bodies in the United States posed perversion o:Z the rule a natural,
followed, though with different objects, in have converted the original British rule logical, and commonsense development,
America. to postpone to a motion to limit debate. thoroughly typical of our countrymen at
Sir Thomas explained the difference But the truth is as we have seen that the beginning of the 19th century. Right
in a footnote on the same page: at the time the early Senate used the at that time a young diplomat-secretary
In America, tb'.e efi'ect of the previous ques- previous question as cloture, the British of a foreign legation in Washington-
tion is immediately to suppress all further had, in fact, ended debate hundreds of wrote home as fallows:
discussion of the main question. times by that same method. [In Congress] there are about five persons
Others will explain this American de .. who look like gentlemen. All the rest • • •
So there we have it. velopment by saying that the motion for are well, indeed, if they look like farmers, but
In the United States, direct progres- the previous question was the nearest most seem apothecaries and lawyers.''
sion from original use of the previous instrument at hand to do what the Mem· (Augustus Foster to his mother, Lady Eliza-
question as a means of postponement, to bers of the Congress regarded as neces- beth Foster. Foster papers, Library o!
universal use of the same motion as a sary to be done a hundred and fifty years Congress.)
means of farcing a vote. ago. I do not know about the lawyers, but it
In England a similar direct progres- I will go further and say-as must be is my opinion that the farmers and
sion from one purpose to the other, but clear from the exposition of the develop- apothecaries believed in putting motions
with the old form of the previous ques- ment of the previous question in the that produced their desired effect by be-
tion given the new name of cloture, and House of Commons-that the motion for ing passed, not by compelling a legislator
the old purpose of the previous question the previous question was not merely the to vote against his own motion.
preserved by giving the motion a hew instrument nearest at hand, but that it
V. CONCLUSION
form. was and still is far better adapted to the
Yet even in the House of Commons to- purpose of cloture than to the postpone· In summary, it is clear that the United
day, where the negative form of the pre- ment of a subject. Of all the clumsy, States Senate from 1789 to 1806 had a
vious question continues to be employed, backsided, crablike methods of securing motion for the previous question. This
the def eat of that motion will produce a temporary postponement, the motion motion was put in both affirmative and
the full effect of cloture just as surely as for the previous question is about the negative forms. Depending upon the will
will the carrying of the affirmative mo- worst, when employed and worded as it of the Senate, a vote on the motion could
tion. In other words, two negatives was in the British House of Commons either postpone or it could end debate
make an affirmative. That is made per- while that body was creating the alleged and bring the main question to an imme-
fectly clear in the latest edition-pub- precedt·nts-and I emphasize "alleged"- diate vote. As it happened, on two occa·
lished in 1950-of May's treatise on par- which are supposed to hogtie the Ameri· sions the purpose and effect of the mo·
liamentary practice. I quote from page can Senate today. tion was to postpone. On two other occa..
389: The reason is that prior to 1888, a sions the motion was moved for the pur·
If the previous question be resolved in the Member of the House of Commons who pose of closing debate and bringing a
negative, the original on which it was moved did not want a question voted on made vote. On one of those two occasions that
must be put forthwith, no amendment, de- a motion that it should be voted on, now. actually happened and on the other occa-
bate, or motion for adjournment being He then voted against his own motion. sion the motion-though not voted on-
allowed, because, as the House has negatived If a majority did likewise-that is, if achieved the same result.
the proposal, "That that question be not now the motion was defeated-the subject Further, it is clear that the Senate,
put," the question must be put at once to was postponed to a future day. But if through the Vice President, had the
the vote.
the motion carried, that was a vote to power to limit or stop obstructive debate.
It is, therefore, clear that in both the put the main question now, and it was On the one hand, th~ Vice President had
United States and Ehgland, all of the put instantly, without debate and with- the power to decide points of order with·
legislative bodies that have been con- out amendment. out an appeal to the Senate. On the
fronted with filibusters-all of them that What was needed to convert the mo .. other, Jefferson's Manual provided that
have been so confronted except the ti on for the previous question from a "No one is to speak impertinently or be·
United States Senate-have done what method of postponement into a method side the question, superfl.uously or te ..
was necessary to rescue the legislative of cloture? Nothing whatever was needed diously." From the history of the Senate
process from the obstructive tactics of .except that the Member who made the in those days, it appears that Senators
a small minority. Majority rule has pre- motion should wish it to carry, instead of did not use the filibuster and, therefore,
vailed, with the rights of the minority wishing it to be defeated. All that was it was probably not necessary to invoke
respected. needed to make the motion effective for this power. However, the latter point is
Now let me discuss this development to the purpose of cloture was that a major· only conjecture, because we do not know
curb excessive debate. It is perfectly ity should vote for it. the full details of events in the Senate
clear from what I have already said, that That is the sum total, the absolute owing to the lack of complete reporting
in England, the principal effect of the total, of this supposed American subver- of debates.
motion for the previous question in early sion of a sacred English institution. How Finally, it has been clearly shown that
years was to close debate. In later years, sacred was it? We have seen that the for almost 200 years in the House of
its principal effect was to postpone a British in the House of Commons in the Commons, the motion for the previous
question on which the maker of the mo- 17th century voted on the previous ques- question served principally to close de-
tion did not desire an immediate vote tion 736 times. The result was "cloture" bate. Later-in the 19th century-it be ..
although its effect was still to limit de- 491 times and "postponement" 245 times. came an instrument of postponement,
bate on numerous occasions. It is not Using only the logic of words, t:Qe House and then, in the 1880's, the words of the
less true that in England even today, the of Commons perverted its own rule more motion were given a new heading-the
effect of putting the motion for the pre- than two-thirds of the time. But, judg- title of cloture-while the motion for
vious question-in case the House does ing the matter both by the logic of words the previous question was given a nega ..
not wish for a pastponement-is to bring and the logic of results, it seems more tive wording which coincided with the
the main question to an immediate vote, natural to conclude that the British did purpose of postponement. In the early
without debate or amendment. not pervert their rule at all. Quite to the days of the United States Senate, the
Finally, it is an unchallengeable fact contrary. The utterly absurd and illogi- previous question was used for the pur-
that in parliamentary bodies in the cal system by which a man voted against pose of cloture. It has been so used in

I
 1957, CONGRESSIONAL RECORD - SENATE
the House of Representatives since 1811,
and the same is true of all general par-
liamentary practice in this country.
The evolutionary process in both the
United States and England, except for
the Senate of the United States, has been
the same-toward the orderly use of par-
liamentary authority to prevent the ob-
struction of public business.
Broader and deeper than the form,
purpose, and effect of the previous ques-
tion motion in the early Senate and the
power of the Vice President to preserve
order is the power set forth in the Con-
stitution-the power of the Senate to
"determine the rules of its proceedings."
The power to determine includes the
power to change. That power cannot
be taken away by law, by preexistent
rules, or by precedent. It most certainly
cannot be taken away by invoking the
fictional tradition of a past that never
was. Whenever a majority of a quorum
in this body decides to cut loose from
the tentacles of the filibuster, it will have
the power to do so without "let or hind-
rance" from those who believe that
democratic self-government is fulfilled
in the paralysis of the legislative
process.
Mr. President, I ask unanimous con-
sent to have printed in the RECORD at this
point the Memorandum on the Develop-
ment of Cloture and the Previous Ques-
tion in American and British Practice, by
Irving Brant.
There being no objection, the memo-
randum was ordered to be printed in the
RECORD, as follows:
MEMORANDUM ON THE DEVELOPMENT OF
CLOTURE. AND THE PREVIOUS QUESTION IN
AMERICAN AND BRITISH PRACTICE
(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
in 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 Erskine May's Law and Usage
of Parliament, "is an ingenious method of
avoiding a vote, upon any question that has
been proposed." But if the majority does
not wish to avoid a vote, the eirect of put-
ting the previous question is to cut off de-
bate and force the main question to a.
decision at once. Thus the rule can, with
equal ease, be made a method of postpone-
ment or an instrument of cloture, regardless
of variations in the form of the motion or
the original purpose of it.
FORMS OF PREVIOUS 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 tt 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-
6683
ative form originated in the common.8 and questlon·is worded negatively. It the aftlrma-
was transplanted to America. That is not tive motion is defeated, the debate goes on.
the case. Until 1888 the House of Com- If the negative motion receives a.n affirma-
mons used the affirmative form, and the tive majority, the subject 1s set aside till
circumstances of the change throw a strik- another day. But all debate 1s cut otf and
ing light upon the present difference be- the main question is put to an immediate
tween American and British practice. vote 1f the majority votes affirmatively on
ENGLAND FOLLOWS CONTINENTAL CONGRESS the motion with the affirmative wording, and
In the ninth edition (1883) of May's Law
the same is true if the majority votes nega-
and Usage of Parliament, the author (who tively on the motion with the negative word-
was el erk of the House of Commons) called ing. This latter effect ls clearly stated in
attention to the awkward wording of the the 10th (1893) edition of May's Law and
Usage of Parliament:
previous-question motion then in use: "That
"If the previous question be resolved in
that question be now put. To use that
motion in order to postpone or get rid of the negative, the original question must be
the subject, May pointed out, the mover put forthwith, no amendment, nor debate,
had to vote against his own motion. He nor motion for adjournment being allowed,
then suggested a change in wording based because, as the House have negatived the
on American precedent: proposal, 'That that question be not now
"In 1778, the Congress of the Confederation put,' the question must accordingly be put
adopted the previous question in a. negative at once to the vote."
form; 1. e., 'that the main question be not When one considers the microscopic dif-
ference between cloture and the previous
now put,' which appears to be a superior
form to that used in this country, and is question in the original form of these Brit-
still followed, though with different objects, ish motions, and considers also that every
in America" (p. 304). form of the previous question establishes
cloture when the majority votes that way,
AMERICAN PURPOSE IS CLOTURE it becomes easy to see why the motion for
This transatlantic difference was explained the previous question has become the pre-
in a. footnote: vailing instrument of cloture in the United
"In America, the effect of the previous States. ·
question is immediately to suppress all fur- USE OF MOTION IN HOUSE 01' REPRESENTA'l'IVES
ther discussion of the main question. Cush-
ing, Law and Practice of Parliamentary As- · In the use of this motion it is far easier
semblies, 1855, pages 553, 554." to trace the course of events in the House
of Representatives than in the Senate. The
May's statement, Made at a time when
the United States Senate had no previous- halting of debate in the House, through the
question rule, referred to the general Amer- motion for the previous question, became
ican practice. That is described as follows fully established in the bitter contest over
in Hughes' American Parliamentary Guide. foreign policy preceding the War of 1812.
"The previous question in American assem- On February 27, 1811, with sine die ad-
blies is used exclusively to close debate and journment compulsory on March 3, the
climax was reached in a long filibuster which
prevent amendments.• • • (It] may not be
debated. May not be amended. • • • May threatened defeat of the nonintercourse bill.
The Democratic majority held the House in
not be postponed." (Pp. 159, 569, 1924 edi-
tion.) session all night. Between 2 :30 in the morn-
ing and 5 o'clock, the previous question was
CLOTURE AND PREVIOUS QUESTION IN ENGLAND moved and carried 6 times. Here are the
Now, observe what was happening in Eng- entries in the Annals which describe the
land when May wrote about the differing decisive use of the motion to force a final
purposes of the previous-question rule in vote:
the two countries. The year before, in 1882, "Mr. P. B. Porter then said that, for the
the House of Commons had adopted a perma- purpose of coming to a decision on the bill,
nent closure rule which required an imme- and putting an end to a scene which was,
diate vote on a motion "That the question to say the least of it, disreputable to the
be now put." This motion enabled a ma- House, he moved for the previous question
jority of members present to force an im- on engrossing the bill."
mediate vote on the main question. The The motion carried and the bill was en-
closure rule was used at once, and freely, grossed, and then, say the Annals, "The
but 6 years passed before a member moved previous question was required on its pas-
the previous question. The Speaker there- sage, and carried in the affirmative."
upon said (March 20, 1888): SENATE WAS ONCE A FAST-ACTING BODY
"If I were to propose that question in the
customary form, the terms of the motion Philip Morter, British charge d'affaires, re-
would be 'That that question be now put,' layed to London the slanderous report he
words which are almost identical with the received from Federalist Congressmen, that
words ·of the motion for the closure of a de- the bill "was passed amidst the drunken
bate." shouts of the majority" at 5 o'clock in the
They were indeed almost identical. The morning. Instead of recording statistically
what happened in the Senate, when that
motion for the previous question differed controversial
bill arrived 3 days before the
from a motion for closure only by the ditier- demise of Congress,
ence between a "that" and a "the." allow me to quote what
I wrote
Previous question: "That that question be dent: about it in James Madison, the Presi-
now put."
Closure: "That -the question be now put." "The sober Senate, 1n which :filibusters
"That" and "the" both referred to the same were unknown, passed it in 2 days' time,
and the President signed it almost before
question. If the first was defeated, the sub- the ink was dry." (P. 263.)
ject was set aside but could be resumed on
a future day. If the second was defeated, This contrast in speed between House and
debate was resumed at once. But 1! either Senate was fairiy typical. The most con-
motion received an affirmative majority, the troversial treaty in American history, prior
main question had to be put to an immediate to the struggle over the League of Nations,
vote, without debate or amendment. was the one negotiated by John Jay with
The Speaker then proposed and the House England in 1794. The Senate rejected 1
agreed to adopt the negative form "That the article and called for renegotiation of others,
question be not now put,"-the form used yet ratified the treaty in 2 weeks. The House
in the American Continental Congress. made a 4 months' :fight against the imple-
mentation of it. New England Senators
"PREVIOUS QUESTION" ALWAYS STOPS DEBATB violently hated the 1803 Louisiana Purchase,
Thus it came about that in the House of and could have nullified it by 2 weeks' delay
Commons today the closure motion 1s worded in the exchange of ratifications. Yet the
amrmatlvely, the motion tor the previous treaty of cession was ratified 1n 2 days.
6684 CONGRESSIONAL RECORD - SENATE
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 hold three
things in mind:
1. The absence of the filibuster during that
early period.
2. The purpose and effect of the limitations
actually placed on debate-whether they rep-
resented a primary purpose or an incidental
effect.
3. The power of the Senate to curtail de-
bate as a primary purpose, 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 circumstances of the
actions. Those circumstances are not easy
to ascertain, because the Senate i~ early
years held all its meetings behind closed
doors. The Annals of Congress, which are
mostly a compilation of unofficial steno-
graphic reports and summaries published in
newspapers, contain no record whatever of
Senate debates before 1800, and the Senate
Journals and Executive Journals are of course
empty of them.
Senate rule VIII, adopted in 1789, made the
motion for the previous question a privileged
motion, and rule IX prescribed its wording
and the manner of its use:
"The previous question being moved and
seconded, the question from the chair shall
be: 'Shall the main question be now put?'
And if the nays prevail, the main question
shall not then be put."
FIRS,T USE OF PREVIOUS QUESTION IN SENATE
This was first resorted to cm August 17,
1789, when the Senate had before it a House
blll authorizing an appropriation of $40,000
to pay the expenses of treaty negotiation
with the hostile Creek Indians. A Senate
committee reported this bill favorably, but
advised a pledge in addition that if the
treaty should fail 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 Treasury 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 ques-
tion, to wit: 'Shall the main question be now
put?' It passed in the negative. The Sen-
ate 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 "$20,000." 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 was the same. "It passed in the nega-
tive," records the Senate Journal. "And on
the question upon the bill, it was resolved,
to concur therein with the amendment."
Since the movers of the previous question
are unidentified and the yeas and nays were
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 12-
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·
fense 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 Wllliam 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 Pinckney and Gouverneur Morris
tor London and Paris. All three legations
had been without a minister tor some years.
On December 29---the fourth day of de-
bate--a motion was offered "that, in the
opinion of the Senate, it wm 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 it
will be for the interest," etc., and was re-
ferred to a committee to report generally
thereon.
The committee reported on January 6
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. Pinckney 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, 16 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 opinion 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
was 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
16th. 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.
DANGEROUS DEBATE IS AVOIDED
In this instance, 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 13 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 on
which he was impregnable. If any Senator
undertook to speak against the mission it-
self, he would be subject to a ruling by Vice
President John Adams that he was violating
the decision on the previous question. The
purpose and effect were made unmistakable
by the resort to the negative wording of the
motion, which conflicted with the rules of
the Senate. As it was, the tie vote broken by
the Vice President was taken as an omen of
ultimate defeat. Secretary of State Jefferson
sent orders to Holland that the legation
building be sold at once and advised Short
to apply for a transfer to some other post.
Congress, he wrote, was likely to close the
May 9
one at The Hague by refusing an appropria·
tion for it.
SENATE FORCES VOTE BY "PREVIOUS QUESTION,.
The previous question was moved on a
third occasion on February 26, 1799, during
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. Faced
with a senatorial revolt, he shifted on the
25th to the nomination of Chief Justice
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 previous question was moved in
the form prescribed in the rules: "Shall the
main question be now put?" Both it and
the main question, the Executive Journal
reveals, were "determined in the affirmative."
One can only speculate as to the circum-
stances which produced this motion for the
previous question. It involved no hostility
to Murray, who was the only one of the three
special envoys to receive unanimous confir-
mation. The motion could have been made
to prevent or cut off a politically dangerous
debate-for the sending of this peace mis-
sion wrecked the Adams Cabinet and split
the Federalist Party asunder. It could have
been an impatient way of preventing a waste
of time discussing a question that required
no discussion. If nobody wanted to talk
there was no reason to make the motion.
The one certainty is that the previous ques-
tion was moved to bring the main question
to an immediate vote, not to postpone it.
Thus it disproves the contention, made on
the Senate floor on January 4, 1957, that the
Senate before 1806 governed its practice
solely by "the previous-question rule from
the British Parliament, which • • • was
merely a method of disposing 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 debate behind . closed
doors, Senator White, of Delaware, offered a.
resolution-regarded by the majority as an
accusation of ex parte prosecution-"That
this court is not at present prepared to give
their final decision" upon the articles of
impeachment. 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 recounts a
series of objections and out-of-order 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 question,
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.
362-363).
This record reveals the alinement, Jackson
being a lieutenant 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 W1lliam Plumer make it evident that the
Offi9ial Reporter 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-
1957 CONGRESSIONAL RECORD- SENATE
duced; the previous question was moved just
before the reopening. The remark by Nich-
olas, which preceded the motion, was made ~n
the middle of a debate which would have
been out of order in open session. Both this
fact and the nature of 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 Sen-
ator Nicholas, the majority leader, and then
wrote:
"The next struggle was to prevent all de-
bate upon the resolution. By our rules there
can be no debate on any motion in open
court. A motion to close the doors for the
purpose of discussing the resolution was re-
jected."
Senator Smith, of Ohio, asked the mean-
ing of part of White's resolution. The an-
swer could not be given in public, so he
reversed his position and furnished the ad-
ditional vote needed to go into conclave.
Thereupon, wrote Adams:
"The galleries were cleared, and a short
discussion of the resolution was held • • •
Mr. Anderson [of Tennessee) and most of
the Members of the majority all the time
manifesting the most extreme impatience to
open the doors and stop all further 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 will-
ing 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 nays. That forced the issue,
but at this point the special impeachment
rules took over.
OPENING 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 desired from
the motion for the previous question. It
would stop all debate, because debate was
forbidden in open session. It would lead at
once to a final vote, because the President
pro tempore had ruled that the White reso-
lution was fairly before the court and must
be disposed of before other business was
taken up, while procedural objections by
Adams had balked all attempts 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 19." (White had walked out.)
(Memoirs of John Quincy Adams, I, 302.
William Plumer, Memorandum of Proceed-
ings in the U. S. Senate, 1803-07, pp. 173-
177.)
I shall now offer some observations on the
factual record.
SENATE DID NOT FOLLOW EARLY BRrrISH 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
6685
objective was to halt a debate which was ob .. is "No," because in that day there was no
noxious to the majority. appeal from the decision of the Vice Prest..
There is no possibility that Senator Jack- dent on points of order.
son moved the previous question in order to This very point was raised in the Senate
postpone the White resolution. Had that during a debate on filibusters in 1891, and
been the intention, it would have been nec- the earlier plenary power of the presiding
essary for the anti-Pickering forces to put officer was admitted by one of the leading
the motion for the previous question to a champions of the :filibuster in his qay-
vote and defeat it, thus deciding not to put Senator Carlisle, of Kentucky, whose con ..
the main question. Instead, they cut ofl' gressional career included three terms as
debate by opening the doors, put the main Speaker of the House of Representatives.
question, and defeated it. They halted the Carlisle had asserted that "the motion for
d~bate just 2 hours after the question at the previous question was debatable in the
issue was formally placed before the Senate. English House of Commons from the time
This action was a little less ruthless than it was first established in 1604 or 1605 until
it seems, because the subject of Pickering's the present hour." It was used there, he
alleged insanity had been debated at large, said, not to suppress debate but to suppress
behind closed doors, for the better part of the subject itself without a direct vote on
3 days. A motion to postpone a decision was it, "and for that purpose it prevailed in this
beaten on March 9, 10 to 20. The repeti- Senate until perhaps about the beginning of
tion of i'!; next day, with accusatory language the present century."
in the resolution, did not put the majority Carlislie's assertion about the use of it
in a mood to tolerate prolonged and unin- in the Senate was erroneous though no doubt
hibited debate. sincere. What attracted attention, how-
ever, was his seeming implication that the
SENATE SET PRECEDENT FOR ,HOUSE OF motion to invoke the previous question was
REPRESENTATIVES equally debatable in the House of Commons
Observe the similarity of language em- and in the United States Senate. The fol-
ployed in the debate leading up to this final lowing colloquy ensued:
moving of the previous question in the "Mr. ALDRICH. Will the Senator allow me
Senate, and the first use of it in the House to interrupt him?
of Representatives to stop a filibuster. "Mr. CARLISLE. Certainly.
"Order, order, order," shouted Senator "Mr. ALDRICH. Is the Senator aware that
Nicholas. "I will not submit to the de- in the Senate until 1828 the presiding offi-
grading [accusations]." And in the House cer, the Vice President, decided all questions
of Representatives, 7 years later, the same of order without appeal and without de ..
rule was invoked to end a debate described bate?
as "disreputable to the House." That body, "Mr. CARLISLE. Certainly. • • • The prop ..
instead of inventing a new form of cloture, osition I make is that as soon as you gave
was actually following the precedent set in the Senate the right to pass upon an appeal,
the Senate. as soon as you provided by your rule, that
In the sequence of motions for the previ .. the question should come before the Senate
ous question in the Senate there is a re- for its decision, then it came there as every
markable resemblance to the evolution of other question must come before a legisla-
the previous question and closure in the tive assembly, subject to debate unless you
British House of Commons. When the sup .. provided to the contrary in the rules"
porters of William Short used the "previous (CONGRESSIONAL RECORD, Jan. 21, 1891, vol.
question" to avoid a debate and a vote that 116, p. 1606).
would imperil his confirmation, they empha- Although he conceded that the Vice Prest ..
sized their purpose by ignoring Senate rules dent originally possessed power to prevent
and offering the negative form of the mo- a filibuster, Senator Carlisle contended that
tion, "That the main question be not now after 1828, when appeals from the decisions
put." But when the majority wanted to of the chair were sanctioned, the Senate be-
silence the Senators who were calling the came subject to the general parliamentary
Pickering procedure a mock trial, they ad- practice concerning the previous question,
hered to the Senate rules and employed the which, he said, had been debatable in the
words, "Shall the main question be now English House of Commons "from the time
put?" it was first established in 1604 or 1605 until
the present hour." On this reasoning, a
AMERICAN AND BRITISH PARALLELS IN CLOTURE Senate minority could prolong debate for-
That shift in the resort to the two forms ever, on the changing of a rule, by talking
is analogous to what took place in the House forever against the motion to put the pre-
of Commons in the 1880's, when the form vious question. That has become, in truth,
of the previous question was "That that the solitary parliamentary point on which
question be now put." Instead of utilizing today's Senate minority relies to preserve its
this for closure without changing the name, power to paralyze the business of Congress.
the House of Commons reworded the previ- DEBATE FOR OBSTRUCTION HELD TO BE CONTEMPT
ous question to the negative form which
was used by the United States Senate in the But Senator Carlisle overlooked one fact.
case of William Short. The old affirmative If any member of the House of Commons
British form of the previous question, undertook to debate any motion for the
analogous to the one used by the Senate in willful and persistent purpose of obstruct-
the Pickering case, was given the name of ing legislation, he was guilty of contempt
"closure." Under that title it is employed and could be suspended or sent to jail. The
today in England for the precise ends which cloture rule was adopted in 1882, not to
every American legislative assembly, except create a power to control debate, but to cut
the United States Senate since 1806, achieves it off by a simple vote of the House instead
of through the use of its police power.
by means of the previous question. In the This
Senate. before 1806, in the House of Repre- is made crystal clear in the 1883 edition
sentatives since 1789, and in the House of of May's Law and Usage of Parliament
(p. 380):
Commons since 1887 (when the original
closure rule was strengthened) those three "The rules of Parliament are designed to
bodies demonstrated their ability to cope afford every legitimate opportunity of dis ..
with every problem of obstructive procedure cussion, to ensure reasonable delays in the
which they faced. passing of important measures, and to guard
the rights of minorities. In the observance
VICE PRESIDENT'S RULINGS WERE UNAPPEALABLE of these rules, both houses have displayed a
Ability to halt debate in the Senate before generous regard for the liberty of individual
1806 depended on one point alone-whether members, and of political parties. Freedom
Senators could talk indefinitely, without of debate has been respected with rare pa ..
let or hindrance, on the motion to invoke tience and self-denial. • • • But, of late,
the ,Previous question. The answer to that these salutary rules have be·e n strained and
6686 CONGRESSIONAL RECORD - SENATE
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 un-
parliamentary and opposed to the principles
of orderly government was manifest; and on
.July 25, 18'Z7, it was declared by the Speaker.
'that any member willfully and persistently
obstructing public business, without just and
reasonable cause, is guilty of a contempt o!
the house, and would be liable to such pun-·
ishment, whether by censure, by suspension
:from the service of the house~ or by commit-
ment, as the house 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 wen aware" that
any member thus obstructing public busi-
ness is guilty of contempt. The antiquity
of that principle can be sensed in the deela-
:ration in Jefferson's Manual that no person
"is to speak. impertinently, or beside tha
question, superfiuously, or tediously." Jef-
ferson based that statement--whicb clearly
outlaws the filibuster-on Hatsell's Prece-
dents, and Hatsell cited a string of prohibi-
tions proclaimed in the spring of 1604. (2
Ha tsell, 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 suspension of any member
named by the Speaker "as disregarding the
authority of the chair, or abusing the rules
e>f the house by persistently and willtully ob-·
structing the business of the house, or other-
wise." Suspensions followed, says May. but
obstruction continued. Th.a house then
shifted to a closure 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 Parliament. on whose prece-
dents the defenders of the filibuster chiefly
rely, has always possessed power. independ-
ently of its modern closure rule, to prevent
the obstruction of public business through
misuse of debate.
2. The United States Senate, from 1789 to
1806. had ample power under its rules to cut.
off debate and bring any question to an.
immediate 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 selfgovernmer.t.
Against this arry of facts the defenders
of the filibuster have no defense except th&
erroneous claim that under general parlia-
mentary practice-meaning British prac-
tice-the motion to put the previous question
may be debated to death. Nowhere in the·
world is that true and it never has been•
true. The motion to put the previous ques-
tion ls totally undebatable in the United
States House of Representatives and in Amer-
ican State assemblies, which use lt expressly
for cloture. In the Senate before 1806, any
attempt to turn normal discussion of that
motion into a ftlibuster-1. e., to talk end-
lessly on the question whether the debate
had been long enough-could be quelled in-
stantly by the Vice President. In the British
House of Commons, ancient usage and mod-
ern practiee combine to make any debate, on
any motion, a contempt o! the House when .
it represents a willful and persistent attempt
to obstruct public business. That covers
the field.
TQ put an end to filibusters in the Senate
today it is only necessary for a majority o:f
Members present te> uphold the Vice Presi-
dent in two rulings. One of these Vice Pres-
ident N.ixoN has already offered as an in-
formal but officially recorded opinion: That
a Senate rule which hampers the power of the
Sanate to change its rules is unconstitutional.
The other is: That if, in the process of
changing the rules, the previous question is
invoked under general parliamentary prac-
tice, the procedure adopted shall follow
either the American rule of no debate on
that motion, or the British rule of ne> ob-
structive debate on any motion. If the fili-
busterers wish to jump from the frying pan
into the fire, they can appeal to the practice
of the United stat es Senate before 1806,
when the British rule of no obstructive de-
bate, reinforced by the unappealable power
of the Vice President, enabled the Senate to
take the lead in making the previous question
an effective instrument of cloture.
Mr. DOUGLAS. Mr. President, be-
cause of the widespread public interest in
the effort to change the Senate rules to
make possible some limitation of debate
after reasonable opportunity for discus-
sion, editorials in many leading news:..
papers expressed support for the move
which a group of Senators made in
January and for future efforts to curb
the filibuster . and open the road to the
passage of meaningful civil rights legis-
lation. For the information of Members
of Congress, I ask unanimous consent to
have printed at this point in the RECORD
a series of such editorials from leading
papers which have recently come to my
attention.
There being no objection, the edi-
torials were ordered to be printed in the
RECORD, as follows:
(From the St. Louis Post-Dispatch of
January 7, 1957}
THE F'ILlll'OS'tER UPHELD
There is only one way to describe what the
Senate did Friday in preserving the filibuster
rule. By this vote of 55 to 38 the minority
southern Democrats once more maintained
their power to obstruct civil-rights legisla-
tion by essentially physical means. And they
maintained it through the active cooperation
of a majority of the Republican Members, in
whose hands lay the ultimate decision.
The filibuster rule was defended by some
Senators on the ground that the Senate is a.
continuous body, and so much operate under
the rules of previous sessions. This is on&
of those intricate, legalistic rationalizations
whi.ch Senators delight in when they wish
to conceal their real motives. The Senate
spent its opening day Thursday electing new
officers, setting up a new party organization,
and receiving new bills and new resolutions-
all on the assumption that this was a new
85th Senate, discontinuous from the 84th.
How could it suddenly become a continuous
body on Friday, solely for the purpose of
adopting rules?
The filibuster rule was defended by some
Senators ru; a sacred refuge of minority rights.
This is one of those curious. inversions that
also find special favor on Capitol Hill. The
fact is that the whole purpose and intent of
the filibuster is to deny legislative protec-
tion for minority rights. It is the means by
which a southern white majority withholds
equality before the law from the southern
Negro minority. Nationally, the southern
white majority ts a minority. But it imposes
its will on the national majo:city through the
:ftllbuster rule.
It the Negro minority in the South en-
joyed as much unreasonable power as the
southern -Democrats enjoy as a minority of
May 9
the Senate, the South would be aflame with
angry protest.
Again the filibuster rule has been defended
as the guardian of the precious right of
democratic debate. This also is so much
nonsense. Senators engaged in a filibuster
do not debate. They do not discuss issues.
They do not explore the .merits and demerits
of legislation. Instead, they use speech as
a means of obstructing truly democratic con-
sideration and decision. They use speech
as a method of imposing physical barriers
to the transaction of Senate business until
the Senate accepts their view of what legis-
Ia tion should be allowed to come to a vote.
For all these reasons, the fi~ibuster rule is
doomed to die i:V. t'lme. It might have been
beaten this year if President Eisenhower had
exerted his power as Rep'Ubliean Party leader.
Because he chose to stand aside from the
battle, a majority· of the Republicans found
it easy to vote with the southern Democrats.
And, of course, the southern Democrats will
be expected to return the favor by support-
ing the GOP on legislation in the future.
Even so, the move to curb the filibuster
got 38 votes pluS- the support of 2 absentees-
a total of 40 votes as compared with only 21
4 years ago. The Democrats increased their
antifilibuster vote over 1953 from 15 to 21,
and the Republicans from 5 to 17.
Though the filibuster is preserved for an-
other session, this need not mean the end of
progress on civil rights. The situation re-
mains what it has been for years. Great
strides are possible through strong and ef-
fective action of the executive branch and
through courageous judicial defense of our
constitutional guaranties of equal rights.
There is still plenty to do in both these fields
while the Nation waits for Congress to Join
the fight with legislation.
Someday the Senate, too, must step into
the 20th century.
(From the New York Herald Tribune ot
January 6, 1957}
THE SURVIVAL OP THE FILIBUST!:R
If the defeat of the attempt to end un-
limited filibustering in the Senate was fore-
seen, it is no less disappointing. Yet prog-
ress has unquestionably been made, and the.
fight is far from over. For one thing, the
antifilibuster forces have doubled in strength
since the last vote was taken on this issue
in 1953. For another, new attempts will be
made-Senator KNOWLAND has announced
he will introduce an amendment to the
Senate rules designed to curb filibusters-
although it must be admitted that the chief
opportunity for action in this Congress has
been lost. And the bold and statesmanlike
opinion of Vice President NIXON, which held.
that the last part of rtile 22 forbidding limi-
tation of debate on the rules themselves is
unconstitutional. is bound to influence the
Senate's attitude, as it has the public at
large.
The whole question. has been unfortu-
nately confused. There did not s.e em to be
enough distinction made between the fight
against the fill.buster as a minority veto and
the question of changing the rules in gen-
eral. The Senate is wary of adopting new
parliamentary procedures at the opening of
each Congress. It justifiably regards itself as
a continuing body, and one can agree with
Senator LYNDON JOHNSON'S argument that
legislative turmoil would result if new rules
were adopted wholesale to suit the temper
or fashion of the moment. But the point
is that in this case 1t was the filibuster, and
only the filibuster, which was the object of ·
attack. The question of new rules was
brought up because that was th~ only way
of rooting it out into the open where it
could be amended.
Behind this struggle over rules, of course,
Iles the logjam of civil-rights legislation
blocked by the threat of southern filibusters.
But even · so, advocates of thts legislation
1957 CONGRESSIONAL RECORD - SENATE
are hopeful that some of it, at least, will
pass during this session. Public opinion is
behind it, and the diehards may well decide
to bow to the inevitable. And although the
filibuster is still with us, its days may well
be numbered.
[From the New York Times of January 5,
1957)
THE RULES REMAIN
As prearranged by the leadership of both
parties, the Senate of the United States yes-
terday turned down the one and only op-
portunity it will have at this session to make
a serious fight against the rules that give
to the threat of filibuster its potency.
The parliamentary situation under which
the brief debate was held and the fore-
ordained vote taken may perhaps have been
another example of Majority Leader JoHN·
soN's famed tactical skill in getting what he
wants. But to avoid unpleasant obstacles is
not to make them disappear, and to smooth
away real issues is not to solve them.
The Senate vote yesterday leaves the basic
problem of the filibuster just where it was;
and to both Democrats and Republicans
goes the discredit of helping make that re-
sult possible. Minority Leader KNOWLAND
happily joined Mr. JOHNSON in the scheme
to insure that there would be only a formal
fight over the issue of whether or not the
Senate was to go on under the same old rules
that permit the filibuster to throttle demo-
cratic procedure. When the appointed time
came to vote, the powerful coalition of con-
servative southern Democrats and right·
wing Midwestern Republicans won its ex-
pected victory. But at least there is some-
thing encouraging in the fact that more than
one-third of the total membership of the
Senate-21 Democrats and 17 Republicans-
voted against killing the Anderson motion
that would have been the first step in over-
coming the menance of the filbuster.
The filibuster threat ought to be removed
by the Senate so that it can regain its own
freedom of debate. That is reason enough;
but, as everyone knows, the further pur-
pose in fighting the filibuster is to clear the
way for civil-rights legislation, which has
traditionally been blocked by the threat of
this antidemocratic device. However, even
though the Senate rules remain unchanged
and the filibuster still is potentially as strong
as it ever was, there is a growing hope that
some moderate civil-rights bills may ac-
tually be enacted by this Congress. Both the
liberal Democrats and the administration it·
self have been behind such proposals.
Though the more conservative element in
the Senate won their victory yesterday
through continuation of the outworn rules,
that victory should not be consolidated by
subsequent rejection of the sensible and
highly desirable civil-rights proposals that
will be coming up at this session.
[From the Hartford Times of January 7, 1957)
DESERVED To PASS
The Senate rule that has permitted un-
limited debate has long ago completely
outlived its usefulness but once again reform
has been defeated. Even a bipartisan move
could not bury it. By a vote of 55 to 38, the
Senate, in its first formal acts of this new
session, decided to retain the outdated right
to filibuster a bill to death.
Behind this struggle at this time is the
civil rights issue which lined up all the
Southern Senators against any change in
the Senate rules. Other Senators had other
reasons. Senators BUSH and PURTELL were
both on the side of needed reform. Mr.
BusH has labored long and vigorously against
the filibuster practice.
The challenge of the power of Senate mi-
norities to block action on legislation by the
filibuster-the tactic of dilatory debate to
prevent a vote-was doomed to failure at
the start.
Now that the rules fight has ended, accord-
ing to word quietly passed in the cloakrooms,
the leaders will start negotiations to bring
forward civil rights .bills that should satisfy
liberal elements of the party without bring-
ing on an unbreakable filibuster.
But for the time being, at least, advocates
of a change in the filibuster rule settled for
an opportunity, through a round of speeches,
to stage an orderly demonstration against
what they called "minority rule." In so
doing, they redeemed a plank in the 1956
Democratic platform that pledged the party
to make an effort to modify the filibuster
rule.
The current effort stems from the fact that
all past attempts to get advanced civil rights
bills through the Senate have been blocked
by filibustering Southerners. All moves to
invoke cloture, or limitation of debate, also
have failed when such legislation was at
stake.
Under the present rule, 64 Senators, or two-
thirds of the entire membership, must ap-
prove a cloture motion if debate is to be
limited. Some Senators seeking a change
favor cloture by a simple majority of those
voting. Others are willing to settle for either
a majority of the entire Senate-49-or a
two-thirds majority of those voting.
This issue will continue to assert itself
until it is settled right. There must come
an end to minority dictatorship.
(From the Denver Post of January 8, 1957)
THE FIGHT GOES ON
The significance of last week's vote on the
Senate filibuster can be understood only
when it is compared with two other votes
on the same issue in recent years.
In 1949, the filibuster rule as it now stands
was approved in the Senate by a vote of 63
to 23. In 1953, the vote to table a proposed
change in the rule was 70 to 21.
Last Friday, the vote to table a proposal for
a rule change was 55 to 38. In other words,
opposition to the filibuster which could
count only 23 adherents 8 years ago and only
21 adherents 4 years ago now has 38 sup-
porters and after Senator-elect JAVITS of New
York takes his seat the count probably will
be 39.
In 1953 there were 15 opponents of the fili·
buster rule on the Democratic side of the
Senate and only 5 on the Republican side.
This year there were 21 Democrats who favor
a more liberal rule and 17 Republicans.
Friday's rollcall showed 12 Senators voting
in opposition to the position they took in
1953. Of the 12, one was a Democrat, Sena-
tor GREEN of Rhode Island. Four years ago
he voted to consider a filibuster rule change.
This time he voted to table consideration of
any change.
Eleven Republicans who voted in favor of
the filibuster in 1953 voted this time in
favor of considering a rule change. The
switch of those Republican Members was
largely responsible for the better showing the
antifilibuster forces were able to make this
time.
The 11 Republicans who have adopted a
new and more liberal view on Senate rules
are BusH and PURTELL of Connecticut,
COOPER of Kentucky, PAYNE and SMITH of
Maine, BEALL of Maryland, POTTER of Michi·
gan, THYE of Minnesota, SMITH of New Jer·
sey, and AIKEN and FLANDERS of Vermont.
It is interesting to note that 19 Members
of the Senate had not previously had the
opportunity to vote on the filibuster ques-
tion. Ten of them voted to consider a change
and 9 voted to table the motion which might
have led to a change. Thus, among new
Senators sentiment is slightly in favor of new
rules.
Friday's vote will encourage antifilibuster
foes to make new assaults on phases of the
6687,
complicated Senate rules. The first attack
is expected to take the form of a resolution
declaring that a present rule, which permits
unlimited debate on a proposal to change
any rule, violates the part of the Constitu-
tion which says "each House (of Congress)
may determine the rules of its proceedings."
Vice President NIXON has already expressed
the opinion that unlimited debate would be
unconstitutional if it prevented the Senate
from voting to determine its rules. Foes of
the filibuster believe if they can knock out
unlimited debate on rule changes they will
have won an important step toward more
effective limitations on the debate on bills.
In any event, they aren't giving up and
even see a good chance to win.
[From the St. Louis Post-Dispatch of Jan.
8, 1957)
How THE STATES STOOD
Not often ls a rollcall vote more in need
of study than that by which the Senate
tabled the resolution of 31 Senators for revis-
ing the rules so as to bring filibusters under
reasonable control. For not often is analysis
of performance in the Senate so illuminating.
The vote for tabling was 55 to 38 and
counting in the 2 absentees favoring the
change the actual division of the Senate was
55 to 40. Thus the only Senate seat not ac-
counted for was that of Senator-elect JAVITS
who is still Attorney General of New York.
Had he been sworn in he undoubtedly would
have raised to 41 the total in favor of restrict-
ing filibusterers.
As the vote was so much closer than the
70-to-21 division for changing the rule 4
years ago, it is important to know which
States blocked progress this time. Here is
how the States stood in the division last
Friday:
BOTH SENATORS FOR TABLING
Southern States
Alabama, Arkansas, Florida, Georgia, Lou-
isiana, Mississippi, North Carolina, Oklahoma,
Texas, South Carolina, and Virginia.
Northern and other States
Arizona, Delaware, Indiana, Kansas, Ne•
braska, Nevada, New Hampshire, North Da·
kota, South Dakota, and Utah.
BOTH SENATORS AGAINST TABLING
Colorado, Connecticut, Kentucky, Maine,
Michigan, Minnesota, Missouri, Montana,
New Jersey, New Mexico, Oregon, Vermont,
and Washington.
SENATORS SPLIT ON TABLING
California, Idaho, Illinois, Iowa, Maryland,
Massachusetts, Ohio, Pennsylvania, Rhode
Island, Tennessee, West Virginia, Wisconsin,
and Wyoming.
This breakdown by States makes it very
clear that the filibuster rule would have been
thrown in the ashcan had it not been for
the many Republican votes that supported
the Southerners. The vote of the Democratic
Senators from Georgia, Mississippi, South
Carolina, and Virginia, for example, is ex-
plainable if not defensible. What about the
two votes cast by each of the pairs of the
Republican Senators from Indiana, Kansas,
Nebraska, New Hampshire, Nort.h and South
Dakota, and Utah? Why should these 14
GOP votes have been cast on the side of the
filibusterers?
A breakdown by parties is as instructive as
the breakdown by States. Twenty-eight Re-
publicans were for tabling and 18 were
against tabling. The Democrats were more
evenly divided-27 for tabling to 22 against
it. Again the record shows that the rule
change lacked on the GOP side the support it
needed to pass.
Are these Republicans one with the Dixie-
crats? Or do they not believe what many
GOP leaders have been saying about civil
rights? Or are they willing to deprive thou-
sands of American citizens of equal rights in
6688 CONGRESSIONAL RECORD- SENATE
order to embarrass the Democratic Party in
Congress?
Whatever the answer, the people of Mis-
souri can be grateful that the full force of
this State spoke in th~ Senate, through the
votes of Senators HENNINGS and SYMINGTON,
on the side of reason. The Illinois delegation
was one of those that divided. Senator
DouGLAS was a leader in the fight for the
change. Senator DIRKSEN, who rode Presi-
dent Eisenhower's coattails last November,
voted with the southern flilibusterers.
We hope the facts behind this rollcall are
told to newspaper readers all over the
country.
[From the Des Moines Register of January
7, 1957]
THE F'ILIBUSTER SURVIVES
The attempt to liberalize the Senate's fili-
buster rule, through adoption of new rules
at the start of the session, bas failed. But
it was a glorious failure which points up the
great gains that have been made by those
who want legislation to guarantee equal
rights to the 17 million American Negroes.
The vote on the question of adopting new .
rules was 55 to 38. The 38 Senators who
favored adopting new rules want civil-rights
legislation. But not all the 55 Senators
who voted against adopting new rules are in
favor of segregation of Negroes or of discrim-
ination against them. They voted as they
did for a variety of reasons.
Unquestionably a majority of the Senators
would vote, if a straight-out test came, for
civil-rights legislation. But they won't get
the chance to do this. Southern Senators
won't let such legislation come to a vote.
They can block a vote by filibustering-by
talk, talk, talk. The Senate could limit this
talk, by invoking its present cloture rule.
But undei· this rule, it takes the vote of two-
thirds of the Senators-64 out of 96 Mem-
bers-to limit debate and end a filibuster.
So 33 Senators can block action on civil-
rights legislation.
The effort was made to change this cloture
rule at the start of the session because it's
almost impossible to do so later. The clo-
ture rule cannot be invoked in any debate
on changing the rules. So only a handful
of Senators can filibuster to death an at-
tempt to change the cloture rule.
Friday's vote was on whether the Senate
could change its rules at the beginning of
the session. If tbe vote had been favorable,
then the Senate could have eased the cloture
rule and civil-rights legislation could have
been enacted. The great gain which has
been made by those who feel that it is im-
perative to change the cloture rule ls shown
by comparing Friday's vote, 55 to 38, with
the 70 to 21 vote on the same question in
1953. A switch of nine votes would have
changed the outcome this year. We predict
there will be many more switches than that
in the next 2 years.
Some Senators who voted against changing ·
the rules Friday did so because of: (1) their
concept of the Senate as a continuing body
for which the rules hold over from session
to session; (2) their respect for tradition; or
(3) a desire to support their party leaders
(both Republican Leader KNOWLAND and
Democrat Leader JOHNSON opposed changing
the rules).
We regret that Senator BOURKE B. HICKEN-
LOOPER, of Iowa, was one of those voting
against changing the rules but recognize
that this doesn't indicate any antl-civil-
rtghts viewpo·i nt. He voted that same way
in 1953 and so did Senator Guy Gillette.
Senator ToM MARTIN of Iowa deserves
praise for his vote in favor of changing the
rules. We believe his vote reflects the senti-
ment of most Iowans.
The opinion which Vice President RICHARD
NIXON gave with respect to Senate rules set
·a precedent which may speed victory for
those advocating civil-rights legislation.
His opinion seems to us to have been an
enlightened and sensible one.
He held that the Senate is a continuing
body under the Constitution. He also held
that rules of the previous Congress remain
in effect unless the new Congress decides
otherwise. But he believes that the Con-
stitution gives the Senate the right to de-
cide otherwise-to adopt new rules or change
rules at the beginning of a session.
"The Senate should not be bound by a
provision in those previous rules which de-
nies the membership of the Senate the power
to exercise its constitutional right to make
its own rules," said NIXON'S opinion.
The Senate didn't go along with NIXON.
But it was a narrow escape for the South.
The handwriting is on the wall. It won't
be possible much longer for a small minority,
through rules and technicalities, to thwart
the will of a vast majority of the people.
[From the Washington Post of January 5,
1957]
MR. NIXON'S RULING
Vice President NIXON has presented a very
interesting opinion on the highly contro-
versial rule 22 that may ultimately break
the logjam over the filibuster in the Senate.
Insofar as rule 22 denies a majority in the
Senate the right to adopt the rules under
which it desires to proceed, the Vice Presi-
dent concluded, it is unconstitutional. This
opinion will lend powerful support to the
drive to upset the existing practice of un-
limited debate on any rules change, even
though the liberals trying to upset rule 22
lost their fight yesterday.
Mr. NIXON'S ruling stems from the fact
that the Constitution gives the Senate the
unqualified right to change its rules. The
Vice Presid':'lnt contends, with convincing
logic, that this is a continuing right. It can-
not be denied to the Senate of 1957 because
the Senate of 1884 adopted standing rules
which have remained in effect since that
date, with various amendments. Section 3
of the amendment adopted in 1949 says that
the very restrained cloture procedure set up
to limit debate on legislation shall not apply
to· any proposal to change the standing rules
of the Senate.
The effect of this, the Vice President says.
ls to deny a majority of the Senate the
right to make new rules. It is at this point
that sharp controversy arises. To be sure,
the existence of rule 22 makes it impossible
for a majority to adopt new rules unless
they wear out a filibuster. Perhaps that
makes it unconstitutional, but it is inter-
esting to note that the situation is the
same as it would be if the Senate were meet-
ing for the first time without any rules.
A more important point is that, if rule 22
ls unconstitutional, only the Senate can
remove this unconstitutionality. Mr. NIXON
says that the old rules will remain in effect
until the Senate changes them, "with the
exception that the Senate shall not be bound
by any provision of those previous rules
which denies the membership • • • the
power to exercise its constitutional right
to make its own rules." But the Senate
itself has to be the judge of whether this
right to make its own rules has been in-
fringed, and if it should so decide the Sen-
ate would have to apply its own remedy. It
is not to be supposed that any court will
tell the Senate that it is acting unconsti-
tutionally in an area which the Constitu-
tion leaves so completely to senatorial
control.
A13 a practical matter, then, the Senate
will soon or late have to face the issue and
break a filibuster on rules unless an amicable
agreement can be reached. The Vice Presi-
dent has not resolved the controversy; he
has merely added an additional argument
against rule 22-that one part of it is un-
May 9
constitutional. It remains for the Senate to
agree upon a reasonable amendment of the
rule-such as limitation of debate on all
business before the Senate ·(including
amendment of the rules} by a two-thirds
vote of those present, as this newspaper has
previously suggested. The alternative would
be a prolonged fight which again might prove
inconclusive.
[From the St. Louis Globe Democrat of
January 7, 1957]
THE FILIBUSTER.: ITS DAYS NUMBERED
The filibuster rule in the Senate ls still
hale and hearty, but it came much closer to
getting the ax than anyone expected. Be-
fore the issue came to a vote, foes of the
filibuster estimated they could count on the
support of only 32 Senators-at most.
But when the ballots were counted, 38
Senators voted with them. Two other Sen-
ators who were absent announced they too
would have voted against the filibuster if
they had been on the floor of the Senate.
This time, the anti.filibuster forces went
down to defeat by a vote of 55 to 38. Four
years ago, a similar proposal was defeated by
a vote of 70 to 21.
This shows a marked change in the Sen-
ate's attitude toward the filibuster rule. The
big shift has come on the part of GOP
s-:mators.
In 1953, under the leadership of Senator
Taft, only five Republican Senators sup-
ported the move to kill the filibuster. Forty-
one, including Senator Taft, voted to keep
it alive. This time, 17 GOP Senators voted
against the filibuster.
This big GOP switch in favor of less re-
strictive Senate rules undoubtedly was in-
fluenced by the stand Vice President NIXON
took. By virtue of his office, NIXON presides
over the Senate.
At the start of the debate, he stated that,
in his opinion, the foes of the filibuster were
perfectly correct in arguing that the Senate
can adopt new rules at any time-by a simple
majority vote. And that could include a
rule making it easy to choke off unlimited
debate-the filibuster.
This is the same line of reasoning that
the leaders of the antifilibuster move, like
Senator CLINTON ANDERSON, New Mexico
Democrat, have followed. Vice President
NIXON took a clear-cut stand with them.
In Missouri, both Sena tor HENNINGS and
Senator SYMINGTON voted with the anti-
filibuster forces. The Illinois delegation, was
split, with Senator DouGLAS, Democrat,
against the filibuster. Senator DIRKSEN,
Republican, voted in favor of tabling Sena-
tor ANDERSON'S motion to proceed with the
consideration of new rules.
Although the filibuster rule still stays on
the Senate's book, this latest vote on the
issue indicates that its days are numbered.
[From the Hartford Times of
January 8, 19571
WORTH ANOTHER TEST
The effort in the Senate to curb fillibuster-
ing has met one rebuff but another effort
will be made to change the rules which have
given a minority dictatorial power. Advo-
cates of a change, among whom Senator
BUSH has been a steadfast leader, lately
joined by Senator PURTELL, see an opening
for a second test of strength in this session.
The recent vote was 55 to 38 against
changing the rules. Senators DOUGLAS,
HUMPHREY, and KNOWLAND have each in-
troduced a compromise motion of like im-
port. They propose that a two-thirds ma-
jority vote of 64 be required to end debate
during the first 3 weeks that a blll is under
discussion but that, thereafter, a simpla
majority of 49 could impose closure.
The new plan was also expected to in·
clude an attempt to have Vice President
 1957 CONGRESSIONAL RECORD - SENATE
NIXON declare a section of the present Senate
debate rules unconstitutional. Mr. NIXON
ruled on Friday that each Senate has the
constitutional right to draft its own rules.
Opponents of the change, however, argued
successfully that the Senate is a continuing
body whose rules carry over from session
to session and can be changed only by a
two-thirds vote.
At issue is a section of Senate rule XXII
that prohibits the limitation of debate when
the Senate is debating a motion to take up
a bill. The rule further provides that once
a bill has been taken up, a vote of 64 of
the ·96 Senators is necessary to impose the
limitation.
This fight on the rules issue will deter-
mine whether civil-rights legislation has a
chance in this session. Heretofore, Southern
Senators have been able to talk legislation
to death by taking so much time that the
Senate had to drop the bills and take up
other matters. If a compromise or other
tactic can remove this dictatorial power of
a minority, the effort should be made.
[From the Des Moines Register of January
8, 19571
THE FILIBUSTER AND MAJORITY RULE
The second round of the filibuster fight
is getting under way with a proposal by Re-
publican Minority Leader WILLIAM KNOWLAND
to make it easier to limit debate in the
Senate.
KNOWLAND's proposal ts to require a vote
of two-thirds of the Senators present and
voting in order to cut off debate. The pres-
ent rule requires agreement of two-tl'lirds
of the entire Senate, or 64 Members, before
debate can be limited.
A Wall Street Journal editorial reprinted
on this page today, which defends the pres-
ent rule, notes that a two-thirds vote is com-
monly required in legislative proceedings.
However, the two-thirds votes needed to
override a veto, to impeach an officer, to pro-
pose a constitutional amendment, or to
ratify a treaty are all two-thirds of those
present and voting. The present two-thirds
rule on limiting debate imposes a far tougher
requirement.
The Knowland rule is essentially the same
one that was in effect in the Senate from
1917 to 1949. There were 19 attempts to cut
off debate during that time. Only 4 of the 19
attempts were successful. The Knowland
rule obviously would still give the fili-
busterers a good deal of leeway.
Another possible approach is one backed by
Senators PAUL DouGLAS, Democrat, of Illinois,
and WAYNE MORSE, Democrat, of Oregon. It
would enable debate to be cut off by simple
majority vote of the Senate, but only after
a waiting period of 15 days, excluding Sun-
days and holidays, to assure full debate.
The Wall Street Journal sees a danger in
majority rule, pointing out there are times
when a minority speaks with greater wisdom.
There is danger in majority rule, to be sure.
It is present every time an election is held
or a legislature meets.
But there are greater dangers in minority
rule. Democracy assumes that by and large
majorities will make the right decisions, or be
capable of correcting the wrong decisions.
The House of Representatives does not per-
mit a willful minority to prevent majority
sentiment from being expressed, nor does the
British Parliament, which has effective means
of dealing with filibusters.
Proponents of a meaningfuJ antifilibuster
rule do not want to prevent minority views
from being expressed, nor to enforce silence.
Some, like Senators MORSE and DoucLAs, have
themselves taken part in prolonged debate
in which they represented the minority view.
The issue is not whether the minority should
be heard, but whether after it is heard, there
should be opportunity for the ayes and nays
to be counted.
{From the Pittsburgh Post Gazette o! Janu-
ary 8, 1957]
FIGHTING THE FILIBUSTER
By a parliamentary end run the Senate
has voted to retain the filibuster for another
session, though there may still be some effort
made to weaken it a little. However, the
dispute between those who would stop the
filibuster-which is an effort to prevent law-
making by talk and other tactics of delay-
and those who would continue it did pro-
duce a valuable opinion from the Chief Of-
ficer of the Senate, Vice President NIXON.
The opinion establishes a favorable prece-
dent for those who want to forbid a minor-
ity to defeat legislation desired by a ma-
jority.
The villain of the filibuster piece is Sen-
ate rule XXII, which sets almost impossible
conditions for bringing debate to a clo13e.
Under this rule a determined filibuster can-
not be shut off without the votes of 64 Sena-
tors. This means, for practical purposes,
that civil-rights legislation can never get
through the Senate because 22 Southern Sen-
ators plus 11 other Senators allied with them
can frustrate the majority. And, it should
be noted, a Senator who is absent, by design
or debility, automatically strengthens the
minority by 1 vote.
The archvillain of the filibuster piece is
section 3 of rule XXII. This says that no
limit of any kind can be imposed on debate
when the Senate is considering a change in
its rules. Thus, rule XXII, adopted in 1949,
could not be revised so long as a handful of
Senators-say, half a dozen-resolved to
block the revision. If rule XXII puts civil-
rights legislation in the coffin, section 3 nails.
rivets, and welds the coffin shut.
It was on section 3 that Vice President
NIXON was requested to give an opinion in
the course of debate last week. He opined
that the section is contrary to the Constitu-
tion, which states that each House of Con-
gress "may determine the rules of its pro-
ceedings." Said the Vice President: "This
constitutional right is lodged in the mem-
bership of the Senate and it may be exercised
by a majority of the Senate at any time
• • • the Senate should not be bound • • •
by any rule which denies the membership of
the Senate the power to exercise its constitu-
tional right to make its own rules."
The Senate as a whole is the ultimate judge
of the constitutionality at issue. Mr. NIXON'S
opinion, however, has encouraged oppo-
nents of the filibuster and lends hope that
one day, by a decided attack on section 3, the
campaign against the filibuster may drive
on to victory.
[From the New York Times of January
8, 1957)
FIGHTING THE FILIBUSTER
New life to the movement to restore democ-
racy with a small "d" to the Senate o! the
United States has been given by two unex-
pected developments in the fight against the
filibuster. It now appears that there may
actually be a chance to curb this weapon, the
very threat of which has paralyzed senatorial
freedom of action for so many years.
One hopeful factor is the astonishing size
. of the vote last week against killing a pro-
posal to consider changes in the Senate rules.
No fewer than 38 Senators-18 more than in
1953, when a similar motion was defeated-
opposed the move of the Democratic and Re-
publican leadership to continue with the
same old rules under which it is almost im-
possible to shut off a filibuster. If 2 ab-
senteees and Senator-elect JAVITS had been
present, the opposition to the leadership
would have numbered 41-22 Democrats and
19 Republicans. In other words, a switch of
· only 7 or 8 votes would have done the trick.
This is too close a margin for the comfort of
the reactionary southern Democratic, mid-
6689
western Republican coalition that has held
sway in the Senate for so long. It spells
the end of the rules protecting and nourish-
ing the filibuster-if not at this session, then
surely in the relatively near future.
The other new and encouraging factor is
the opinion that Vice President NIXON gave
from his chair as presiding officer of the
Senate. In answer to a parliamentary in-
quiry, the Vice President held in a prece-
dent-setting opinion that under the Consti-
tution a majority of the Senate has the right
to adopt new rules at any time. As we sug-
gested on this page last month, the language
of article I, section 5--"Each House may
determine the rules of its proceedings"-
plainly means that each Senate has the right
to adopt new rules or revise the old ones if
it wants to.
If this is so, then what we called the
built-in filibuster machine of rule XXII, for-
bidding any curtailment whatsoever of de-
bate on a motion to consider changes in the
rules, is invalid. That is the way the Vice
President sees it, and we think he is right.
Under the special arrangements cooked up
by the majority leader last week, a test of
this issue did not directly arise; but it surely
will when the question is debated again.
The Vice President's opinion, while not nec-
essarily binding, is of great importance in
opening the way to a change in the rules,
which can only mean a weakening of the
heretofore unassailable bulwark of the fili-
buster.
[From the Minneapolis Morning Tribune o!
January 7, 1957)
NIXON VERSUS FILIBUSTER
Vice President NIXON has greatly improved
his standing among the liberals as a result of
last week's unsuccassful fight to change the
Senate rules.
The fight, in essence, was a fight against
the filibuster and for civil-rights legislation.
Its immediate target was rule XXII, which
requires a two-third vote of the entire Sen-
ate to end debate. This rule has not only ef-
fectively blocked civil-rights legislation, it
has been self-perpetuating in the sense that
there is no way to shut off debate on any pro-
posed change.
Last Friday NIXON, as Presiding Officer o:f
the upper House, admitted that the Senate
was a continuing body, since two-thirds of
its Members hold over from one session to
another. But he expressed the opinion that
"the majority of the new existing member-
ship, under the Constitution, have the power
to determine the rules under which the Sen-
ate will proceed.''
This opinion did not move the Senate to
adopt new rules. But it gave new strength
and heart to the move to curb the filibuster
power. NIXON had dealt a heavy blow at the
absurd notion that the Senate, because it was
a continuing body, was not entitled to revise
its own rules by majority vote. He had put
the weight of his influence and prestige on
the side of civil-rights legislation. By doing
so, he inevitably gained stature among Negro
voters, many of whom had already deserted
their traditional Democratic allegiance to
vote Republican last November.
It is no se.c ret that some of NIXON'S enemies
would have liked to see him emerge from
Friday's test as an archconservative who had
offended large groups of voters interested in
civil rights. Instead, the Vice President en-
tered the civil-rights arena more nearly re-
sembling a knight in shining armor. This
was not quite the case with Senator KNow-
LAND, Republican minority leader, who voted
against the rules-changing motion. But even
KNOWLAND has promised that he will propose,
and seek support for, a plan for relaxing
rule XXII.
The tide of Senate opinion against this op-
. pressive rule is rising fast, and it is a bipar-
tisan tide. Both Senators HUMPHREY and
6690 CONGRESSIONAL RECORD - SENATE May 9
THYE voted for a revision of the rules Friday This was a motion sponsored by northern the United States away from the States and
and NIXON'S opinion is likely to have far- · and western Senators of both parties to pro- made the Federal Government the protector
reaching repercussions. The Senate will vide that the Senate take up consideration of the legal equality of all persons, white or
someday rise up and strike off the self· of adoption of rules for itself in the 85th black.
imposed shackles of the filibuster. That Congress. Had the motion been carried, the When it ls argued that the filibuster is
happy day, in fact, may be just around the Senate might have considered revision of the necessary to keep Congress from interfering
corner. cloture rule (Rule 22), which requires a two- with States rights to discriminate between
thirds majority not merely of those present blacks and whites, the 14th amendment
[From the Hartford (Conn.) Courant of but of the Senate membership in order to stands in complete rebuttal.
November 27, 1956) limit debate. Segregationists are, of course, particularly
The theory has been that the Senate is unhappy with the Supreme Court. Hence
ANOTHER ASSAULT ON THE FILIBUSTER "a continuing body" since two-thirds of its the attempts to drag the Court into the argu-
A parliamentary body must operate under Members hold over from one session to an- ment over the filibuster power in the Senate.
rules to achieve orderly and continuing other; hence that its parliamentary rules We are told an arbitrary majority of the
progress in the making of laws. But rules carry over without needing to be readopted. Court has taken away States rights. Actual·
are not always used to guide progress. They The effect of this theory, plus the fact that ly, key decisions of the Court on segregation
are often invoked as obstacle in the path of Rule 22 does not apply to debate on a change "~ questions have been unanimous. The major-
proposed legislation. A determined minor- of rules, is to require in practice almost ity was 9; the minority o.
ity can find ways to avoid and obstruct the unanimous consent, since any Member may It is becoming popular to accuse the Court
will of the majority where it is convinced undertake to talk a proposed revision to of arriving at its decisions on the basis of
the majority's purpose is undesirable. This death. psychology. The argument runs this way:
is true the world over, whether it is demon- On the other hand, the proponents of the The Supreme Court decided, back in 1896,
strated by Communists in the French As· revision had to work hard to obtain one after- that Negroes would have equal rights in
sembly or by radicals elsewhere. noon of debate on their proposition. The transportation with whites if they were fur·
One of the more aggravating examples ls, Senate majority leader filed a motion to table nished with separate but equal accommoda•
of course, the filibuster in the United States it, which in most parliamentary bodies must tions on trains.
Senate. Frequent attempts to strengthen be voted upon immediately, but an agree- That decision, so revered by segregation-
civil-rights legislation in this country have ment was reached which allowed some 6 1sts, was based on a certain psychology-a
run up against the last-ditch opposition of hours of discussion, after which came the belief that a Negro's privileges would be
southern Senators. This has been true de· rollcall-more favorable to their cause than protected if he were given a place in which to
spite a majority plainly willing to guarantee 2 years ago. ride even though his separate status would
individual rights. Some years baclt, in 1949, Thus the Senate succeeded in applying to be a constant reminder to him that he must
one of the almost successful assaults on this an important question of procedure very consider himself inferior and unworthy to
bastion was under way. The southerners re- strict limits of debate which it in effect re- associate with whites.
ceived added support at the last moment fuses to apply to substantive questions, such In 1954 the Supreme Court held the theory
when the rules were interpreted in such a as legislation on civil rights. If the Senate that separate facilities for Negroes providing
way as to allow them to fight twice. This persists in its theory of almost unamend- equal treatment under Jaw was in error; that
was the so-called Vandenberg ruling, up- able rules as a "continuing body" it may experience had shown feelings of inferiority
held 46 to 41, which permitted the opposi- someday find itself in a very tight box. resulting from segregation affected the hearts
tion to filibuster against taking up the meas- and minds of Negroes in a way unlikely ever
ure they would normally filibuster. (From the Denver Post of January 9, 1957} to be undone.
A group of · six northern Democrats has Because the Court upset the earlier de·
now proposed to attack this ruling. They THE FILIBUSTER Is HARD To DEFEND
To hear David Lawrence tell it the Senate cision, segregationists accuse it of disregard-
will move to revise Senate rules to permit a ing law and precedent, although, under our
simple majority to limit debate. This pro- filibuster is an important bulwark for the de- system of law, courts are constantly reversing
posal is subject to unlimited debate itself. fense of the Constitution and States rights themselves when the errors of old decisions
Messrs. HUBERT HUMPHREY, WAYNE MORSE, against a Supreme Court which disregards become obvious.
RICHARD NEUBERGER, PAUL DOUGLAS, PAT MC• law and is influenced by psychological theo- They also accuse it of making the new de-
NAMARA, and JAMES E. MURRAY are men of ries instead.
strong constitutions and stamina. Mr. The purpose of the filibuster, of course, ls cision on the basis of psychology but they
conveniently forget that a certain psychology
MoRsE, in particular, has always been prone to stymie Senate passage by a simple major- was implicit in the 1896 decision, also.
to unlimited debate, so long as he himself ity of laws to insure that Negroes receive There may be a good defense for the use of
was talking. But they will need substantial equal treatment with other citizens. The the filibuster. If so, Mr. Lawrence does not
support if they are to overturn this rule. Constitution has always been interpreted to make it, in our opinion, and we can't imagine
They are appealing for such help, but are provide for the use of a simple majority vote what it would be.
not likely to find much of it. in the Senate except in a few specific in-
It is their own party that houses the most stances.
vigorous opponents of civil rights for Ne- Unless it had been intended to have the [From the New York Times of January 10,
1957]
groes. The Republicans, who have shown Senate governed by majority rule in ordinary
some signs in recent years of wanting to get procedures there would have been no point in CURBING THE FILIBUSTER
action in this field, may be reluctant to putting into the Constitution the provision Joint sponsorship by Democratic Leader
break what they conceive as the tradition that the Vice President shall have no vote LYNDON B. JOHNSON and Republican Leader
of the Senate. And all will be under strong unless the Senators are equally divided. WILLIAM F. KNOWLAND of a resolution that
compulsion to avoid getting involved in a The Constitution specifies instances in would make it a little easier to curb fili-
fight and a filibuster lasting weeks at a time, which majority rule is not to apply: for busters is an indication of some progress. It
when critical legislation may come without example, a two-thirds vote to ratify treaties, is enough to show that the southern Demo-
warning as a matter of urgency. The six two-thirds to convict in an impeachment cratic-Republican coalition protecting fili-
ni.en have a laudable aim, but dubious case, two-thirds to expel a member, one-fifth busters is on the defensive, and that there
chances of success. to require a yea and nay tally of votes, two- may be a real prospect of dealing a mortal
Yet it is a sign once again of the imper- thirds to pass a bill over a Presidential veto. blow to this evil, antidemocratic institution
fections of parliamentary government that To this list the advocates of the filibuster of forcible minority rule. But resolutions
the Government cannot act to pass legisla- would add an extraconstitutional require- lil~e this one have failed before.
tion to make sure that all men who are ment for a two-thirds vote to get any civil What the majority and minority leaders
created equal are treated equally. If the rights legislation before the Senate. The are proposing to do is in effect to restore
issue were to be faced squarely, there is no concern for the Constitution which they pro- the situation to something better than its
doubt which way the vote would go. But it fess sounds empty· and hollow when it turns pre-1949 status. For 32 years prior to that
is concealed and mixed up in a vote on rules out to be no more than a desire to sabotage the Senate had operated under a regulation
that confuses the general public, and allows the constitutional authority to enact legis- providing that two-thirds of the Senators
one segment of the country willfully to lation by majority rule. present and voting could shut off debate. It
block the intent of the Constitution. No legitimate States rights issue exists in is this 1917 rule to which Senators JOHNSON
connection with civil rights legislation un- and KNoWLAND would now return, while ex-
{From the Christian Science Monitor of less we are willing to assume that the 14th pressly eliminating the present· prohibition
January 5, 1957] amendment, adopted after the Civil War, on limitation of debate on a motion to change
really doesn't mean anything and really the rules.
SENATE CLOTURE WORKS ONE WAY didn't change anything. Two-thirds of those present and voting is
It is not quite accurate to say that the Before the amendment was adopted there an attainable figure on an antifilibuster vote,
United States Senate has no effective way was some question regarding the right of the while two-thirds of the membership-or 64
of closing debate. That it can even place Federal Government to interfere if State laws Senators-is not. Even so, in the 32 years
rather narrow limits on discussion of certain said some people could be held in slavery, that the more moderate 1917 rule was in op-
subjects was illustrated in its disposal of the deprived of th.e right to vote, etc. eration it was successfully invoked only 4
antifllibuster maneuver of civil-rights advo- The 14th amendment took jurisdiction over times. Senator KNOWLAND himself in days
cates. the privileges and immunities of citizens of past has supported a very much more dras-
1957 CONGRESSIONAL RECORD - SENATE
tic proposal-namely, the imposition of clo-
sure by a majority. Even such an ardent
advocate of limiting debate as Senator PAUI.
H. DouGLAs, of Illinois, intellectual leader
of the current battle. is not now suggesting
simple majority closure without strings.
Senator DoUGLAS' proposal ls that debate may
be shut off by majority vote only after 15
days.
While in any democratic parliamentary
body, the inlnority has to have the fullest
protection and must be given every oppor-
tunity to make itself beard, there is no sen-
sible reason why it should be allowed per-
manently to block legislation desired by the
majority. Sometimes, in the closing days of.
a session, the blocking is done by a minority
of one. A good statement on the subject
was made some years ago= "It seems to me
that • • • this power • • • to completely
block th& legislative processes of government
is too much power for any responsible per-
son 1;p want and far too much power for
any irresponsible person to have." _ The
speaker was Senator WILLIAM F. KNOWLAND,
(From the Denver Post of January 13, 1957]
TIDE RISING AGAINST F'II.mUSTERING
(By Barnet Nover)
WASHINGTON.-ln politics as in boxing it
ls the wise man who knows when and h9W
to roll with the punch.
On the eve of the reconvening of Con-
gress many anticipated a knock-down, drag-
out fight. in the Senate between northern
liberals and southern conservatives on the
question of altering Senate rules to permit
the curbing of filibusters. Only in that way,
it was anticipated, could the existing barrier
to civil rights legislation be removed.
The fight, it was predicted, would last for
days and possibly weeks, split the Democratic
party right down the middle, while embar-
rassing the GOP members of the Senate as
well, and leave scars that might take years
to heal.
These predictions proved to be wide of the
mark.
In the first place, the debate on the Ander-
son motion turned out, on the whole, to be an
unimpassioned and gentlemanly affair and
by unanimous agreement was limited to six
hours.
The final vote-55 to 38-showed the
majority were unwilling to go along all the
way with the contention that the Senate is
not a continuing body and, like the House
of Representatives, had to adopt rules of
procedure each time a new Congress con-
vened.
The vote was, in part, very deceptive.
Among the 55 who took a position in op-
position to the Anderson motion were such
men as Senators KNOWLAND of California,
BARRE'lT of Wyoming and MUNDT of South
Dakota who, while unwilling to go along with
the contention the Senate had to adopt rules
every other year, also favored (as they ex-
plained in the course of the debate or later)
some limitation on filibusters.
On the other hand, some of those who sub-
scribed to the Anderson motion-Senator
ALLOTT of Colorado among them-indicated
they did so in part because they felt the
present system of unlimited debate needed
curbing.
In view of th'.is attitude Senate leaders on
both sides of the aisle were wise not to let the
matter rest with the vote on the Anderson
motion. First Minority Leader KNOWLAND
and subsequently Majority Leader JOHNSON
made it clear they favored having rule 22
liberalized, at least to the extent of making
cloture possible by a vote of two-thirds of the
Senators pres~nt rather than by two-thirds
of the entire Senate.
The proposal, JOHNSON said, "'appeals to
me as being based upon the middle ground
which ls the strongest to stand upon. It
would permit an orderly change of the rules
but would recognize that the rules are con-
tinuing and not subject tQ change merely l:>e-
cause o! a temporary gust of political wind ...
Then demonstl'ating anew that he is a
political realist, JOHNSON said: "Unless the
Senate takes advantage o! the orderly pro-
cedures that are available, disorderly pro-
cedures will eventually prevail to the harm
of the Nation and the different sections of the
Nation."
His stand will not appeal to those who
want a deathblow given to filibusters. Nor
will it appeal to those who for special reasons
of their own favor unrestricted and un-
liinited debate whenever it ls to their in-
terests to have such a debate in order to kill
legislation they lack the votes to defeat. But
it will appeal to the great majority of the
Senate.
This majority includes both Eisenhower
Republicans and northern Democrats. The
issue involved in the effort to curb filibusters
ls one that transcends party lines and as the
fact that the vote for a change of the rules
doubled since 1953 makes clear, the tide is
rising. A shift of only 8 votes would have
meant victory for the Anderson motion.
What proved to be impossible in 1957 may
be possible in 1959 and 1961. LYNDON JOHN-
SON was wise in deciding an attitude of
stitr-necked hostility to any change in Sen-
ate rules was in the long run bound to
prove self-defeating. He was wise in rolling
with the punch.
[From the Sioux Falls Argus-Leader of
November 30, 1956]
UNITED STATES SENATE MUST STOP FILIBUSTERS
If the United States Senate does not do
something about filibustering, that august
body will not justify the responsibility it
shoulders.
Filibustering ls an example o! a worth-
while principle that is misused.
The thought behind it is that a Senator
should have the right to say all that he
might want to say about any subject under
discussion. It is the privilege of unlimited
discussion. The purpose of its establish-
ment was to avoid situations where Senators
could be muzzled by majorities who didn't
want to hear them or were opposed to their
viewpoints.
But this right has been grossly abused.
Some Senators from time to time have em-
ployed it not as a means of expressing their
viewpoint but of creating a delay to prevent
a vote. They have gone on for hours and
hours and for days and days.
Obviously no such amount of time is re-
quired for the full exposition of a Senator's
viewpoint.
Certainly the United States Senate is smart
enough to develop rules that would permit
the full expression of viewpoints and elimi-
nate what is termed the :filibuster.
There have been tragic occurrences in the
past-incidents where vital legislation was
delayed and the business of the Senate vir-
tually stymied because one Member held the
:floor.
(From the Sunday Denver Post of January 6,
1957]
PATIENCE WILL WIN SOONER OR LATER
The fight over the Senate filibuster rule
has contained a lot of hairsplitting talk
about whether the Senate is a continuing
body or whether a new Senate comes into
being every 2 years.
Behind this gobbledegook, which can hard-
ly interest those of us who are not parlia-
mentarians, is an all-important issue: Is
Congress impotent to pass laws to protect
civil rights, including Negro civil rights?
Obviou.sly, present laws are inadequate to
deal with those who want to keep Negroes in
segregated schools, in segregated buses. in
segregated housing, and those who use ln-
tlinidation to keep Negroes from exercising
6691
the right to vote and the right to take their
grievances to court.
What kind of laws are needed? Well, opin-
ions differ, but the Eisenhower administra-
tion spelled out a definite program of new
legislation at the last Congress and may · be
expected to come up with similar proposals
for the 85th Congress.
For one thi.n g, the Attorney General needs
authority to seek civil injunctions to stop
interference with the rights of Negroes or any
other persons. Under certain conditions a
person who interferes with civil rights may
now be tried under criminal procedures, but
getting a conviction o! a white defendant by
a southern jury is often hopeless.
If he were armed with civil injunction pro-
cedures, the Attorney General could go be-
fore a judge and get an order restraining in-
terference by a defendant with civil rights.
No jury would be required.
The Eisenhower program would also:
Create a bipartisan commission to study
civil-rights problems.
Focus attention on civil rights by setting
up a civil-rights division in the justice de-
partment.
Permit Federal prosecution for intimidat-
ing voters in elections tor Federal office.
Permit aggrieved pers:ons to go into Fed-
eral rather than State courts with their civil
rights complaints.
Allow the Attorney General to file civil
suits to break up conspiracies to deprive citi-
zens o! their rights.
The filibuster fight, shorn of its technical
terms, is a maneuver in the main battle to
pass legislation of this kind. Actually, fili-
buster or no filibuster, there seems to be
enough civil-rights sentiment in the United
States Senate to pass at lea.st part of this
program.
The cause of civil rights is not a forlorn
hope, as some would have us believe. No
one can talk forever. Every filibuster must
end eventually.
Mr. DOUGLAS. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING -OFFICER (Mr. TAL-
MADGE in the chair). The Secretary will
call the roll.
The legislative clerk proceeded to call
the roll.
Mr. JOHNSON of Texas. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection. it is so ordered.
IMPORTATION OF CRUDE OIL
Mr. O'MAHONEY. Mr. President,
there has been pending before the Office
of Defense Mobilization, in the Executive
Office of the President, a question in-
volving the gra.vity of imports of crude
oil from foreign sources into the United
States.
The Trade Agreements Extension Act
of 1955 contains, in section 7. a proviso
that if the President finds importations
to be made in such quantities as to
threaten to impair the national security
he shall take such action as he deems
necessary to adjust the imports of such
article to a level that will not threaten to
impair the national security.
On April 23, 1957, Mr. Gordon Gray,
the Director of the Office of Defense
Mobilization, sent a memorandum to the
President, in which he stated that he had
reason to believe the imports were now
in such quantity a.s to threaten the
national security. -
6692 CONGRESSIONAL RECORD - SENATE
I ask unanimous consent that the belief that crude oil is being imported in
memorandum of the Director, Mr. Gray, such quantities as to threaten to impair the
be printed in the CONGRESSIONAL RECORD. national security. I shall, therefore, cause
There being no objection, the memo- an investigation to be made to determine the
facts as required by section 7 of the Trade
randum was ordered to be printed in the Agreements Extension Act of 1955.
RECORD, as follows: While this investigation is going on I re-
EXECUTIVE OFFICE quest that you carefully examine into the
OF THE PRESIDENT, possibility that oil imports might effectively
OFFICE OF DEFENSE MOBILIZATION, be limited by individual voluntary action of
Washington, D. C., ApriZ 23, 1957. the importing companies. It seems to me
MEMORANDUM FOR THE PRESIDENT that there would be advantages in adjust-
ing imports in that fashion if it is practicable
Section 7 of the Trade Agreements Exten- to do so. If the finding and recommenda-
sion Act of 1955 requires the Director of the tions resulting from the investigation which
Office of Defense Mobilization to advise the I shall cause to be made result in my deter-
President whenever he has reason to believe mining that an impairment of the national
that any article ls being imported into the security is in fact threatened, it will be im-
United States in such quantities as to portant for me to know whether an adjust-
threaten to impair the national security. ment of the imports can be accomplished
Under authority of this law and under voluntarily, or whether other measures may
authority of your assigning to a committee be necessary.
of Cabinet members consideration of energy DWIGHT D. EISENHOWER.
supplies and resources policy, quite exten-
sive investigation has been made of the Mr. O'MAHONEY. Mr. President, I
effect upon national security of crude oil received a letter from Mr. Gordon Gray,
imports into the United States. The in- in response to a letter of April 18, 1957,
vestigation clearly established that the rate which I had addressed to him. I ask
of imports could reach a point at which the
incentive for exploration and development unanimous consent that my letter of
April 18, 1957, together with a copy of
in this country would be so reduced as to
make us dependent upon overseas oil sup- the letter of Mr. Gordon Gray to me,
plies to meet our national energy require- dated April 30, 1957, be printed in the
ment. Further, the investigation gave sub- RECORD at this point.
stantial support to a finding that a signifi- There being no objection, the letters
cant increase in imports over the level of
imports in 1954, unless accompanied by a were ordered to be printed in the RECORD,
similar increase in domestic production, as follows:
would threaten this impairment in our na- APRIL 18, 1957.
tional security. Your committee reaffirmed Hon. GORDON GRAY,
this finding on October 17, 1956, ·and my Director, Office of Defense Mobilization,
own investigation during the past month Washington, D. C.
supports it. MY DEAR MR. GRAY: It was a matter of
Upon the basis of present imports and regret that I had to excuse myself from the
their trend over the last several years, to- conference in Senator CARLSON'S office last
gether with forecasts of their trend in the week between yourself and Senators from oil-
next few months, I do hereby advise you, producing States, before you had an oppor-
pursuant to section 7 of the Trade Agree- tunity fully to explain your position. I felt
ments Extension Act of 1955, that I have justified, however, in drawing the inference
reason to believe that crude oil is being im- from what was said that you may be con-
ported into the United States in such quan- sidering the possibility of allowing imports
tities as to threaten to impair the national of oil to be restricted on a voluntary basis by
security. · importing companies rather than by action
GORDON GRAY, Director. the President may take under section 7 of
the Trade Agreements Extension Act of 1955,
Mr. O'MAHONEY. Following that, on which authorizes "such action as he deems
April 25, 1957, a memorandum, signed necessary t-0 adjust the imports" of this
by the President of the United States, commodity.
was sent to the Director of the Office of As you know, the Subcommittee on Anti-
Defense Mobilization from the White trust and Monopoly has been conducting an
extensive study of the worldwide oil industry.
House. In the memorandum the Presi- During the course of this investigation it was
dent directed the Office of Defense Mo- learned that certain major oil firms operat-
bilization to make some investigation to ing both in this country and in the Middle
determine whether or not oil imports East are able to take advantage of the tax
might effectively be limited by individual, laws to such an extent that little or no taxes
voluntary action of the important com- are paid to the United States Government on
panies. foreign operations. At the same time, these
firms import crude oil and products into this
I ask that the memorandum of the
President be printed at this point in the country in competition with domestic pro-
du.cers and to the detriment of the revenue
CONGRESSIONAL RECORD.
position of certain public land States.
There being no objection, the memo- Your predecessor, Mr. Flemming, informed
randum was ordered to be printed in the the subcommittee that the Office of Defense
RECORD, as follows: Mobilization had already held hearings on
oil imports, and that, but for Suez, he would
THE WHITE HOUSE,
ApriZ 25, 1957. have recommended to the President that the
latter invoke section 7 of the Trade Agree-
MEMORANDUM FOR THE DIRECTOR, OFFICE OF ments Extension Act of 1955, to limit the
DEFENSE MOBILIZATION importation of crude oil into the United
I have your memorandum dated April 23, States. Apparently the only action Mr.
1957, advising that you have reason to be- Flemming contemplated was the imposition
lieve that crude oil is being imported into of quantitative restrictions on the importa-
the United States in such quantities as to tion of crude oil from certain areas. I want
threaten to impair the national security. to call your attention to the fact that section
The problem of oil imports is one with 7 of the above act provides that the Presi-
which I am already generally familiar. As dent, if he finds the importations to be made
you know, my Advisory Committee on Energy in such quantities "as to threaten to impair
Supplies and Resources Policy has reported the national security, he shall take such
to me on the matter from time to time. action as he deems necessary to .adjust the
· On the basis of presently available infor- imports of such article to a level that will
mation I agree that there is reason for the not threaten to impair the national security."
May 9
What means the President will take to
effect such reduction are not mentioned in
the law. There is no limitation upon bis
action, but it is clearly provided that he
"shall" take any appropriate steps satis-
factory to himself if imports threaten to
impair the national security.
The situation revealed at our public hear-
ings shows not only that foreign oil may
be produced ·at a cost faT less than in the
case of domestic oil, but that under the ar-
rangements many of the producers have·
made, they are making no direct contribu-
tion to the revenue of the United States
through income taxes on the high profits
of their operations abroad. They expect
the .support of our Government, and they
are the beneficiaries of the vast appropria-
tions we are obliged to make for the miH.-
tary defense and economic rehabilitation
in the areas in which they operate, but they
contribute little to carrying the burden the
people of the United States must bear for
these expenditures.
I would appreciate your early opinion as
to whether the language of section 7 quoted
above is sufficiently broad to include the im-
position of a suitable tariff as a device for
regulating imports which threaten national
security. Such a tariff need not be prohibi-
tive but should be such as to allow a reason-
able level of imports to be maintained con-
sistent with national security requirements.
This appears to me as a perfectly appro-
priate method which would not only be a
safeguard to domestic producers who are
suffering from excessive imports, but would
be a source of new revenue to our Govern-
ment, and to that extent provide a remedy
for the threat to our national security pro-
ceeding from the loss of tax revenue;
Moreover, at a time when the entire Gov-
ernment in the legislative and executive
branch is doing its best to avoid a third
world ..-rar, there can be no greater threat
to our national security than the impair-
ment of the production of the domestic
sources of petroleum within the continen-
tal limits of the United States.
Under the pricing system historically fol-
lowed by the oil industry, cheaply produced
foreign oil enters the United States market
at the same price as if it were produced in
the United States, giving a monopoly profit
to the few "majors" with foreign produc-
tion and no benefit in the form of lower
prices to the consumer. The pricing system
for international oil as outlined before the
subcommittee in the recent hearings indi-
cates that a tariff would be absorbed by the
producer. It would not increase domestic
prices for oil any more than would a quan-
titative restriction either imposed by the
President or resulting from voluntary ac-
tion by the companies. Moreover, quanti-
tative restrictions utilizing any given base
period may give "the majors" with foreign
oil holdings monopolistic positions and
profits on the oil they will be allowed to
import. Again, it must not be overlooked
that quantitative restrictions may become
another method of denying independent re-
finers inexpensive foreign oil with which to
meet price competition of the majors. A
tariff would place the foreign and domestic
producer on a more equal footing insofar
as costs of production are concerned.
I would appreciate your views on this
matter as soon as possible.
Sincerely,
JosEPH c. o·r.uHoNEY.
EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF DEFENSE MOBILIZATION,
Washington, D. C. April 30, 1957.
Hon. JosEPH C. O'MAHONEY,
Chairman, Antitrust and Monopoly
Subcommittee, Senate Committee
on the Judiciary, Washington, D. C.
DEAR SENATOR O'MAHONEY: Thank you for
your letter of April 18 discussing the prob-
1957 CONGRESSIONAL RECORD- SENATE
lem of oil imports and my responsibilities
under section 7 of the Trade Agreements
Extension Act of 1955. · tion of the American oil industry, to de--
As the President announced Thursday, I
have advised him, pursuant to the statute,
that I have reason to believe that crude oil
is being imported into the United States in
such quantities as to threaten to impair the
national security. You know, of course, that
my statutory responsibility does not extend
to determining the action which may be
taken if the President finds that such a
threat in fact exists. At the same time I
appreciate your suggestions for dealing with
the problem because it is a matter of ex-
traordinary difficulty calling for the most
careful consideration.
Your suggestion that quantitative re-
strictions upon the import of foreign oil be
avoided and that any threat to national
security arising from excessive imports be
limited by the 1mposition of a suitable tariff
has obvious attractions and advantages. I
anticipate that there will be opportunity for
careful examination of alternative solutions
in connection with and following the inves-
tigation which the President is expected to
authorize. In that connection I can assure
you that your suggestions and comments
will be given careful consideration.
Sincerely yours,
GORDON GRAY, Director.
Mr. O'MAHONEY. Mr. President, on
receipt of that letter, I addressed an-
other letter to Mr. Gray, dated May 6,
1957, in which I pointed out that in my
opinion an invitation by the Govern-
ment, through the President or other-
wise, to the international oil companies,
which are importing oil, would amount
to an invitation to them to try to come
to some agreement, and might easily
require a grant of immunity from the
antitrust laws. In this letter to Mr.
Gray, the Director of the Office of De-
fense Mobilization, I suggested that it
seemed to me to be most important that
the President himself should fix the
amount of imports and should not dele-
gate the power of so fixing them to oil
companies which have a pecuniary in-
terest in the amount of oil that is im-
Ported.
I ask that the letter be printed in the
RECORD at this point.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
UNITED STATES SENATE,
Washington, D. C., May 6, 1957.
Hon. GORDON GRAY,
Director, Office of Defense Mobilization,
Washington, D. C.
MY DEAR MR. GRAY: Your letter of April
30 in response to mine of April 18 shows that
I apparently failed to make myself clear. I
did not state "that quantitative restrictions
upon the import of foreign oil be avoided,"
and that recourse be made only to the im-
position of tariff rates. I merely suggested
that in addition to the former you give con-
sideration to the possibility of adopting the
latter procedure because it would be produc-
tive of revenue which the Government does
not now receive from the production of for-
eign oil the importing companies bring into
the United States.
The publication of the President's an-
nouncement of last Thursday, directing you
to investigate the possibility of obtaining
a voluntary agreement upon the part of com-
panies importing oil into the United States,
makes necessary a complete public under-
standing of this problem, which you are
justified in calling one of "extraordinary
difficulty." I think the President's call for
a voluntary agreement amounts to nothing
more than an invitation to the importing
oil companies, which constitute only a por-
termine the policy of the United States
Government.
This determination of policy must be made
by the Government under the Constitution
and the laws. If section 7 of the Trade Agree-
ments Extension Act of 1955 does not give
the President the power to prevent a threat-
ened impairment of the national security by
placing an effective limitation upon the
amount of crude oil that is being imported
into the United States, you have only one
recourse; namely, to ask Congress for suffi-
cient legislation. Nowhere in the Constitu-
tion do I find any authority to the Presi-
dent to delegate to a portion of a great . in-
dustry the formulation of Government policy
with respect to the whole of that industry.
As ·I stated to you in my letter of April
18, section 7 of the Trade Agreements Ex-
tension Act of 1955 places no limitation upon
the action of the President. It provides that
if he, that is to say the President, finds the
importations to be made in such quantities
"as to threaten to impair the national se-
curity, he shall take such action as he deems
necessary to adjust the importation of such
article to a level that will not threaten to
impair the national security." By this law,
Congress gave to the President the power and
the duty "to adjust the imports." This is
a personal power which he cannot delegate
away. It is a power that deals with na-
tional security, and if anyone should suggest
that the importing oil companies may per-
form this function of the Chief Executive of
the United States by their very own volun-
tary action, I do not hesitate to say that
nothing in the law, in the hearings thereon,
or in the congressional debates will support
such a distorted construction.
My interpretation of the law is borne out
by your own letter. You write me, "You
know, of course, that my statutory responsi-
bility does not extend to determining the
action which may be taken if the President
finds that such a threat in fact exists." Your
statutory authority does, indeed, not extend
to determining what the action may be.
That is the exclusive prerogative of the Presi-
dent, as you have indicated.
Ever since the Trade Agreements Exten-
sions Act of 1955 was enacted, the Office of
Defense Mobilization and the President have
been attempting to secure some voluntary
agreement among the importing companies.
This attempt has been a complete failure.
There is no reason to believe that it will be
any less a failure now, even if it were lawful.
These companies are represented to be in
competition with one another. If they are
to unite in an agreed upon course of action
they certainly must be granted immunity
from the antitrust laws. An examination of
the amendments to the Defense Production
Act of 1955 dealing with the granting of such
immunity from the antitrust laws indicates,
in my opinion, that there is now no authority
of law for the Attorney General to grant such
immunity in a case of this character.
I call to your specific attention the fact
that only last week the Attorney General
filed a motion in the Federal District Court
at Alexandria, Va., asking the presiding judge
to forbid the major United ;States oil com-
panies from destroying records needed by the
Department of Justice in the Grand Jury
investigation it is now carrying on into price
fixing in this oil industry. Surely, it must
be obvious that companies against whom the
Department of Justice has found itself com-
pelled to secure such an order are not to be
trusted to make their own rules in this prob-
lem of imports.
That the national security is threatened
by the failure of the companies to limit im-
portations and the failure of the Government
to exercise promptly the authority of sec-
6693
tion 7 of the Trade Agreements Act of 1955
1s amply proven by the following facts:
Petroleum is a vital fuel for the defense
of the United States. The Air Force, the
Army, the Navy, and the Marine Corps could
not operate without it.
During World War II German submarines
were successful in sinking tanker after tank-
er en route to the United States refineries
with foreign oil. Soviet Russia has a sub-
marine fleet now far more effcient than that
employed by Hitler. We cannot afford,
therefore, to allow the importation of oil to
displace the domestic crude-oil producing
industry.
Crude oil within the continental boun-
daries of the United States is far more costly
to obtain than foreign oil. Infiation has
raised the costs of all the materials the wild-
catter and the independent producer must
buy. Drilling now must be carried on to
such unusual depths that another factor of
increased cost is added. If the oil which is
imported from abroad by major integrated
companieS' operating in the field of inter-
state and foreign commerce is not limited,
independent producers may be driven from
business, our reserves will be seriously im-
paired, and the income of the United States
royalty holders, including thousands of citi-
zens, as well as many States and public
bodies which use their royalty income for the
support of their schools, as well as the build-
ing of roads, may be seriously reduced.
It is essential in the interest of national
defense to take immediate steps now to make
certain that our domestic supply of crude
oil shall not be impaired while international
tensions remain as difficult as they are at
the present time.
Sincerely yours,
JOSEPH c. O'MAHONEY.
FUNERAL EXPENSES OF THE LATE
SENATOR McCARTHY
Mr. MORTON. Mr. President, I ask
unanimous consent that the Senate
Committee on Rules and Administration
be discharged from the further consid-
eration of Senate Resolution 134, which
is a resolution providing for the funeral
expenses of our late colleague from
Wisconsin, Senator McCarthy.
Mr. HOLLAND. Mr. President, I may
state, for the majority leader, that the
proposals to discharge the committee
and to have immediate action on the
resolution have been agreed upon.
The PRESIDING OFFICER. Is there
objection to the unanimous-consent re-
quest that the Committee on Rules and
Administration be discharged from fur-
ther consideration of Senate Resolution
134? The Chair hears none, and it is
so ordered.
Mr. MORTON. Mr. President, I ask
unanimous consent that the Senate pro-
ceed to the immediate consideration of
the resolution.
The PRESIDING OFFICER. Is there
objection?
There being no objection, the resolu-
tion <S. Res. 134) was considered and
agreed to, as follows:
Resolved, That the Secretary of the Senate
is hereby authorized and directed to pay
from the contingent fund of the Senate
the actual and necessary expenses incurred
by the committee appointed to arrange for
and attend the funeral of the Honorable
Joseph R. McCarthy, late a Senator from
the State of Wisconsin, on vouchers to be
approved by the chairman of the Committee
on Rules and Administration.
6694 CONGRESSIONAL RECORD - SENATE May 9.
PERMISSION FOR COMMITI'EE ON pend the rule in the consideration of ap- to the Salt Lake Tribune, ot Salt Lake
APPROPRIATIONS TO FILE RE- propriation bills. City, utah.
PORTS DURING RECESS OF THE The PRESIDING OFFICER. Without The award was made for the news-
SENATE objection, it is so ordered. paper's outstanding coverage of the
world's worst commercial air disaster
Mr. JOHNSON of Texas. Mr. Presi- last summer near Gr.and Canyon, Ariz.
dent, I ask unanimous consent that the CONSIDERATION NEXT WEEK OF The cash 'Occurred in one of the most
Committee on Appropriations have leave PROTOCOL TO INTERNATIONAL inac~ssible places in the Nation, pre-
to file reports during the recess of the CONVENTION FOR THE NORTH· senting tremendous difficulties to the
Senate. WEST ATLANTIC FISHERIES news media that were covering lt.
The PRESIDING OFFICER. Without The recognition of the Tribune is
objection, it is so ordered. Mr. JOHNSON of Texas. Mr. Presi-
dent, I should like to announce, for the well deserved. Those who live in the
information of the Senate, that it is my West have for many years recognized
PROBABLE CONSIDERATION OF AP- plan to ask the Senate to consider early the Salt Lake Tribune as a great news-
paper. In past years it has been the
PROPRIATION BILLS NEXT WEEK next week, possibly on Monday, Execu- recipient of a number of top national
Mr. JO:HNSON of Texas. Mr. Presi- tive F, a protocol to the International awards, and this latest recognition-the
dent, I should like to announce-and Convention for the Northwest Atlantic highest award in journalism-is an in-
this may be only a hope-that the Com- Fisheries. We shall have a yea and nay dication that our esteem for this news-
mittee on Appropriations is presently vote on it, in accordance with the pclicy paper is truly justified.
meeting .and considering taking action of the majority leadership with respect The citation stressed that the per-
on the Treasury and Post Office Depart- to all treaties and conventions. formance was a "team job that sur-
ments appropriation bill. I should like all Senators to be on mounted great difficulties in distance
In the event that bill is reparted today, notice that we expect to have a yea and time, and terrain." I believe however'
it could be taken up by the Senate on nay vote on this protocol, and I ask that particular recognition ~hould b~
Monday next. the Senate attaches to .see to it that all given Tribune .reporters, Frank Jensen,
The subcommittee is concluding its Senators are so advised. Robert F. Alkire, Robert C. Blair and
hearings very shortly on the State, Jus- ~icha~~ 0. Pitner, who played key' roles
tice, and related agencies appropriation ENROLLED BILLS PRESENTED m wntmg and handling the stories of
bill. I do not know exactly when that the crash. The Salt Lake Tribune and
appropriation bill will be acted upon, but The Secretary of the Senate reported its sta:fI are to be congratulated on the
I want that bill to come before the Sen- that on today, May 9, 1957, he presented winning of this great national honor.
ate at the earliest possible date. to the President of the United States the
I should like all interested Senators to fallowing enrolled bills:
be on notice, so they may obtain copies s. 120. An act for the rellef of James F. ADJOURNMENT TO MONDAY
of the hearings and reports as soon as Walsh; The PRESIDING OFFICER (Mr. TAL-
they are available and be prepared for S. 394. An act to waive the llmitatlon on
the time withln which a Medal of Honor may MADGE in the -chair). The business of
action when those bills come before the be awarded to Comdr. Hugh Barr Mlller, Jr., today's session having been concluded
Senate. United States Navy; and the Senat~, under the order previously
S. 998. An act to amend the act of June 4 entered, will now stand adjourned until
STUDY OF CRITICAL RAW MATE- 1953 (67 Stat. 41). and for other purposes. ' Monday next at 12 o'clock noon.
RIALS AND RESOURCES OF THE Thereupon Cat 3 o'clock and 56 min-
utes p. m.) the Senate adjourned the
SOVIET UNION PROGRAM FOR SESSIONS OF THE a?journment being under the order' pre-
Mr. JOHNSON of Texas. Mr. Presi- SENATE v10usly entered, until Monday May 13
dent, I now desire to make a motion. Mr. JOHNSON of Texas. Mr. Presi- 1957, at 12 o'clock meridian. ' '
The PRESIDING OFFICER. The dent, it is the intention of the leadership
Senator from Texas has the floor. to have the Senate meet on Monday
Mr. JOHNSON of Texas. Mr. Presi- Wednesday, NOMINATIONS
and Thursday, and to re~
dent, I move that the Senate proceed to serve Tuesday, Friday, and Saturday for Executive nominations received by the
the consideration of Calendar No. 288, committee sessions. All Senators have Senate May 9, 1957:
Senate Resolution 78. been on notice for some time with re- UNITED NAT.IONS
I do not contemplate that the Senate spect to that policy. I hope we may be Harold M. Randall, of Iowa, a Foreign Serv-
will act on the resolution today, but there able to follow it. Of course, if we have ice officer of class 1, to be the representative
should be some pending business before appropriation bills on the calendar, it of the United States of America to the
the Senate. may be necessary to meet on some of the seventh session of the Economic Commission
The PRESIDING OFFICER. The Sec- days that have been scheduled for com- for Latin America of the Economic and so-
retary will state the resolution by title mittee hearings. However, we have no cial Council of the United Nations.
for the information of the Senate. DEPARTMENT OF 7'HE INTERIOR
The LEGISLATIVE CLERK. A resolution such make
plan at the moment, and I shall
an announcement in the event we Roger Charles Ernst, {)f Arlzona, to be As-
(8. Res. 78) to make a study of critical sistant Sec~etary of the Interior, vice Olin
raw materials and resources of the So- change Mr.
the schedule.
President, I suggest the absence of Hatfield Chilson, elevated.
viet Union and certaiin Eastern Hemi- a quorum. TERRITORY OF ALASKA
sphere countries and its e:fiect upon the The PRESIDING OFFICER. The Michael A. Stepovich, of Alaska, to be
United States. Governor of the Terrltory of Alaska, vice
The PRESIDING OFF.ICER. The Secretary The
will call the roll.
legislative clerk proceeded to call B. Frank Heintzleman, resigned.
question is on agreeing to the motion of
the Senator from Texas. the roll. IN THE ARMY
Mr. BENNETT. Mr. President, I ask The following-named officers under the
The motion was agreed to; and the unanimous consent that the order for provisions of title 10, United States Code.
Senate proceeded to consider the resolu- the quorum call be rescinded. section 3066 to be assigned to positions of
tion, which had been reported from the importance and responsibility designated
Committee on Interior and Insular Af- The PRESIDING OFFICER. Without by the President under subsection (a) of
fairs with an amendment. objection, it is so ordered. section 3066, in rank as follows:
Maj. Gen. William Stevens Lo.wton
<?14924, United States Army, in the rank of
NOTICE OF SUSPENSION OF RULE AW ARD OF PULITZER PRIZE FOR lieutenant general.
ON APPROPRIATION BILLS LOCAL REPORTING TO SALT LAKE Maj. Gen. Paul Donal Harkins 017625
United States Army, in the rank of lieutenant
Mr. JOHNSON of Texas. Mr. Presi- TRIBUNE general.
dent, I ask unanimous consent that the Mr. BENNETT. Mr. President I call The following-named officer for appoint-
order previously entered be modified so the attention of the Senate to the' award ment in the Regular Army of the United
as to include the filing of notices to sus- of the Pulitzer prize for local reporting States to the ·g rade indicated, under the
1957 CONGRESSIONAL RECORD - SENATE
provisions of title 10, United States Code, Jack Burr Cooper
sections 3284 and 3307: James Joseph Cortez
To be major general John Frederick Crater
Freeman Grant Cross, Jr.
Maj. Gen. Aubrey Strode Newman, 016099, Roger Melvin Currier IV
Army of the United States (brigadier gen- Edward Joseph CUtler
eral, U.S. Army). Joseph Cygler
The following named officers for tem- Robert Alfred Dagle
porary appointment in the Army of the Richard Ballard Daluga
United States to the grades indicated un- William Allen Davies
der the provisions of title 10, United. States Robert Burrow Davis
Code, sections 3442 and 3447: Herman Eugene Day, Jr.
To be brigadier generals D aniel Joseph DeLany
Col. James Hedges Forsee, 018265, Medi· Frank Paul DeSimone, Jr.
cal Corps, United States Army. Calvin DeWitt III
Col. Robert Hall Mccaw, 038722, Judge Richard Calvin Dean
Advocate General's Corps, United States John Paul Dodson
Robert Leonard Drudik
Army. John Burnham Dubbelde
'I'he following-named cadets, United Malcolm Matthew Duffek
States Military Academy, for appointment in William Austin Duncan, Jr.
the Regular Army of the United States, James Ward Dunn
effective June 4, 1957, upon their graduation, Jon Eckstorm Dunning
in the grade of second lieutenant, under the Harold Blair Dyson
provisions of Public Law 737, 84th Congress, John Leonard Easterwood, Jr.
subject to physical examination required by William Echevarria
law: James Shepard Voorhees Edgar
Jack Emerson Adams Richard Iverson Edwards
Thomas Garth Adcock John Fletcher Elder 3d
Anthony Francis Albright William Roderick Ellis
Robert Carothers Allen Richard Fredrick Emery
Dwight Carl Aller Allyn Bourke Ensign
Robert Henry Alsheimer Daniel Joseph Enxing
Jack Alfonso Apperson Charles Don Erb
James Sutton Armstrong, Jr. Darrold John Erickson
Robert Warren Arnold Milton Donald Ewanus
George William Bailey 3d Richard Anthony Fadel
Thomas Symington Bainbridge Robert Wesley Faulkender
John Harry Barbazette Noel Ingebrigt Fedje
Theodore Dotzler Felber
Louis Barisano
Donald James· Barlow Donald Kieth Fitzpatrick
Samuel Walter Focer, Jr.
Bernard William Basse
Donald Blair Baughman John Nathan Follansbee
Andrew Robert Foster, Jr.
Benjamin Bowes Beasley
Joseph Anthony Beben Barry Perrin Fox
William Nathaniel Friend
Robert Eugene Beckwith
Edward Wendell Gale
Allan Arthur Bell Gerald Edward Galloway, Jr.
Raymond Earle Bell, Jr.
Thomas Philip Garigan
Lester Edsel Bennett Glaudis Pierre Gaspard, Jr.
David Pemberton Beurket Kermit Hoyt Gates, Jr.
Leon Delbert Bieri George William Bruce Glen
Joseph Adrian Bishop Stephen Arthur Glick
William McKinley Bishop William Lawrence Golden
John Edgar Blanck Ronald Schuyler Gooding
John Rusling Block Harry Clifford Goodson III
John Edmund Bloomfield Walter Camp Gordon
Robert Edgar Bodenhamer Franklyn Wayne Gross
Arcade George Boivin 2d Thomas Steventon Gruhn
Jon Edward Bokovoy Clarence Earl Hall, Jr.
Aubra Nelson Bone Francis Whitney Hall, Jr.
Donald Johnston Bowes, Jr. William Bryant Hall
Donald Campbell Bowman Kenneth Edward Halloway, Jr.
Albert Sidney Britt 3d James Robert Hamilton
J ames Henrion Britton Richard Scott Hamner
Champlin Fletcher Buck III Len Martin Hanawald
Donald Alvin Buckner Francis Lawrence Hanigan
Anthony Lawrence Bullotta Kendrick Harmon
Carl Ferdinand Burgdorf II Henry James Hatch
William Myrlin Burke, Jr. Gerald Samuel Hawley
John Charles Burt Brian Franklin Head
Richard Graham Caldwell James Foster Henthorne
Peter Duryea Calyer Edward Ignatius Hickey
William Willson Campion Thomas Reichley Hicklin
William Finch Ca.rroll Michael Scarth Higgins
Martin Banks Carson Edward Ernest Hildreth, Jr.
Harold Morris Carter John Lewis Hill, Jr.
Stanley Dale Cass John Robert Hocker
Edward Lee Chase Joseph Wayne House
Gerald Warren Chase George Michael Houser
James Arlen Chernault Houston Parks Houser III
Peter Jay Chittick Richard Horton Howes
Eric Murray Christensen William Thomas Huckabee III
Willard Merion Christenson Charles Marshall Hug
Bobby Gene Christy Samuel Leonard Hylbert
Louis Joseph Circeo, Jr.
Daniel Clancy, Jr. Michael John Ilsemann
George Dudley Iverson V
Donald Herbert Cline
Charles Hunter Coates, Jr. Jesse Harlon James
Robert Francis Comeau James John Jameson, Jr.
Hawkins Meador Conrad Donald Stanley Jenis
Charles Horne Cooper James Roy Jenkins
.6695 .
Robert Newton Johns
Andrew Chase Johnson
Arthur Dale Johnson
Stanley Theodore Johnson, Jr.
Homer Johnstone, Jr.
Howell Hopson Jordan, Jr.
James Burr Kaiser
Raymond Thomas Karsian
John Leo Keefe, Jr.
Thomas Wright Keeley
Thomas Prentis Kehoe
Brian Thomas Kennedy
Ronald Dean Kennedy
Walter Hoyt Kennett, Jr.
Richard Duane Kenyon
Raymond Elliott Backley Ketchum II
Wesley Edward Kidd II
Edward Christian Kielkopf, Jr.
George Thomas Kilishek
John Cornelius Kilpatrick, Jr.
Charles Bowler King, Jr.
William Thomas King
Albert Converse Kline
William Wendell Koch II
Herman Frederick Koehler
Carter Marion Kolb, Jr.
Maxim Icaak Kovel
Albert Henry Krapf II
Robert Frederick Krueger
Robert Adam Kyasky
Charles Kenneth Kyne, Jr.
George Desire Landry, Jr.
Robert Alfred Langworthy
Justin Green La Porte
Charles E. Lea
Robert Emil Leard
Johnny Coleman Ledbetter
Peter Michael Leighton
Donald Richard Ley
William George Liakos
Tom Leo Lindholm
John Arthur Little
John Charles Loberg
Carl William Lohmann
Vincent Jerry Longo
Jacob Erwin Lustig
Ralph Allen Luther
James Fulton MacGill
Arthur Lawrence MacKusick, Jr.
Arlyn Reese Madsen
Walter Richard Magadieu
James Edward Maloney III
Richard Royer Manahan
Robin Mangum
Leonard Sebastian Marrella
Robert Francis Martin
Howard Marcus Martinez, Jr.
Franklin Delano Mastro
Church Myall Matthews, Jr.
Morris Ralph McBride
Gerald Thomas McCall
Fox McCarthy
John Michael McCarthy
Rodney David McConnell
Robert Lawrence McCoy
Thomas Dan Mccrary
Cornell McCullom, Jr.
Jackson Lee McDaniel
John Martin McDonald
Thomas Benton McDonald III
Bruce Berry McDonough
Leo Dennis McEvoy
George William McGovern, Jr.
John Osborne McLaughlin
Dana George Mead
Warne David Mead
John James Patrick Meehan, Jr.
William Louis Melton
Charles Dewey Meng II
Robert Leighton Merrick
Anthony Richard Miklinskl
Ralph Edward Miles
Austin Eugene Miller
Nicholas Monaco, Jr.
Marshall Lee Moore
Gordon Ryon Moreland
Phineas Kimball Morrill, Jr.
Richard Henry Morton
Charles Custis Moses
John Taynton Murchison, Jr.
John Andrew Murphy
6696
John Eugene Mur phy
William Edward Murphy III
Richard Charles Murtland
Carman Duane Negaard
Br uno John Neukamm, Jr.
Erman Milford Newman, Jr.
Joe Bob Newman
Samuel James Newsom, Jr.
Wayne Brackett Nicoll
Marvin Howard Nilsen
Jonathan David Nottingha m
James Robert O'Connor
George Losere O'Grady, Jr.
Gordon Michael O'Neal
Leigh Madison Ogden
Edward Charles Olivares
Thomas Allen Olsen
Edwin Stanhope Olsmith, Jr.
Hardin Leonard Olson, Jr.
Thomas Edward Olson
Guy Joseph Palmieri
Kenneth Anthony Parker
Richard Michael Pastore
Rudolph Nicholas, Pataro, Jr.
Jerry Kranz Pat terson
Theodore John Pearson, Jr.
John Howard Peckham
Newton Bernard Penrose
David Perry Perrine
John Lloyd Person, Jr.
Earl Wendell Pettibone
Richard William Pfeiffer
James Arthur Pocock
John Nicholas Polit is
Donald Raymond Pope
Stanley Clarke Pore, Jr.
James Dorrance Powell
Donald Emil Press
Walter Leo Prit chard, Jr.
John Weber Purdy
Louis Stephen Quatan n en s
Charles Matthew R 3-dler
John Joseph Ramsden
Russell Wilcox Ramsey
Robert Edward Rawls
Ja.mes William Ray
Charles Leonard Raymond
Gene Ray Reget
Robert Martin Reynolds
Glen Lee Rhoades
George Lee Richardson
John Phillip Ritchey
Nicholas John Robinson
Thomas Wayne Roebuck
George Vaughn Rogers
Gordon Byrom Rogers, Jr.
Robin John Roller
Barnes Warland Rose, Jr.
Buel Trenton Rose
Theodore Manly Rosen berg
Morton Franklyn Roth
Jesse Holland Ruder, Jr.
Glenmore John Runnion
Thomas Earl Runyan
Joseph St ephen Russo
Clyde Donald Sadler
James Donald Salzman
John Darwin S ankey
John Edward Schaefer
Donald Ray Schafer
Richard Adrian Scholtes
David Edward Schorr
Henry Jerold Schumacher
Jerry Claude Scott
Charles Prentiss Scudder III
William Bentley Seely
Donald Eugene Seitz
Richard Walter Seward
Carroll Wade Shaddock, Jr.
E. Joe Shimek II
Thomas Kllby Shuff III
James Lawrence Siegel
Kenneth Richard Simila
David Lawrence Smith
James Donald Smith
John Franklin Smith 3d
William Lawrence Smith
John Edmund Sobraske
Anthony Maurice Solberg
Jack Manuel Solomon
William Risque Sowers, Jr.
Harry Edward Boyster
CONGRESSIONAL R~CORD- SEN~TE May 9
Joseph Howard Spector Calvin E. Tremper, Clearlake Highlands.
Charles Robert Sprague Calif., in place of E. E. Carpenter. retired.
Donald Richard Stackhouse Marguerite M. Brown, San Luis Rey, Ca1i!.,
Michael Kay Stein in place of M. E. Sager, deeeased. -
Philip Allen Stein Naomi G. Ledbetter, Sloughhouse, Calif.·.
Gary Alan Stemley in place of Gilbert Coba.rubia, retired.
Richard Earl Stephenson Boyden J. Hammond, Vista, Calif .. in place
Francis Robert Stevens, Jr. of. W. H. Skinner, removed.
John Harrison Stokes III
COLORADO
Charles Bertody Stone IV
Bruce Finley Stout .Francis M. Connett, Littleton, Colo .• in
Barry Bruce Sturgis place of ·E. K. Downlng, resigned.
Wallen Michael Summers CONNECTICUT
James Arnold Swenson
Murray Glenn Swindler .Alden E. Bailey, Manchester, Conn., in
Edward Szvetecz place of H. 0. Grant, deceased.
Lester Bradshaw Tate DELAWARE
James Van Pelt Taylor "Elwood H. Webb, Ellendale, Del., in place
Willis Edward Teale, Jr. of J. B. Derrickson, retired.
Joseph Raymon d Tedeschi August Frederick Walz, Wilmington, Del.,
Robert Kinley Tener in place of William Berl, Jr., retired.
David Neal Thomas
Thomas George Thompson FLORIDA
'William Ross Thompson Grace M. Davis, Alturas, Fla., in place of
Robert Charles TJlton E. L. Grass, deceased.
K enneth Douglas Tobin
Ricardo Delfino Tonda GEORGIA
J a y Charles Toole Doris B. Lawrence, Molena, Ga., in place -Of
J a mes Louis Trainor K. Q. Ward, removed.
Donald Sanborn Tribe Virginia G. Callaway, St ockbridge, Ga .. in
Bernard John Tullington, Jr. place of F. G. Owen, transferre~.
Robert Bruce Turnbull Robert Green Holley, Stone Mountain. Ga.,
Alexander Aristotle Vardamls, Jr. in place of M. G. White, retired.
Veloy Jerold Varner ILLINOIS
Norman Milton Vaughn, Jr.
P.obert Vernon Vermillion Lawrence H. Carr, Jr., Blue Mound, Ill., 1n
John Henry Vickers place of V. G. Huffman, retired.
Theodore Bassett Voorhees Kenneth W. Tyner. Elkville, Ill .• ln place of
Ca rl' Edward Vuono W. P. Lipe, deceased.
Carl Henry Waldenmaler Floyd T. Huddleston, Hurst, Ill., ln place of
Guy Edward Wallace I. M. Pratt, transferred.
Clifford Augustus Walt on, Jr. Chestley E. Miller, L:udlow, Ill., in place of
John Leonard Waters W. J. Thurman, resigned.
Andrew Michael Weber, Jr. Theodore W. Fadler, Prairie du Rocher, Ill.,
Howard Elwyn Webster, Jr. in place of L. C. Franklin, removed.
Donald George Wells Clarence R. Bonnell, Sidney, Ill., in place
Robert Callan Westerfeldt of H. M. Wolf, retired.
Donald Peyton Whalen INDIANA
Charles William Wheatley
Lofton Hugh White Rex F. Harris, Farmersburg, Ind., in place
of Ray Dills, deceased.
Edmund Anthony Wilhelm
John Curtis Wilkinson S. Maurice Souder, Woodburn, Ind., in
place of G. G. Souder, deceased.
Frank Wilson Willett
Charles Louis Williams, 3d IOWA
Nicholas Brown Wilson Melvin C. Boose, Elk Horn, Iowa, in place
Donald Lee Winters of C. E. N. Jensen, deceased.
Robert Edward Winters Henry Junior Stoffer, Sheffield, Iowa, in
Leonard Plumer Wishart III place of c. H. Bokmeyer, retired.
John Michael Witherow
John Algerton Witmer KANSAS
Clarence Edward Wittman Herbert G. Ham, Atchison, Kans., in place
James Gerald Wood, Jr. of F. J. Donovan, retired.
James Porter Woolnough Rosalind Metzler, Carbondale, Kans .• ln
Stuart Ernest Wright place of B. M. Warner, retired.
William Kinley Wright Billy C. Kaltenbach, Mullinville, Kans.,
William Earl Yates in place of William Campbell, deceased.
Cedric Jerris Zabriskie Virgil L. Smith, Pawnee Rock, Kans., in
Durl Dale Zachgo place of M. K. Converse, retired.
POSTMASTERS Glenn M. Carter, St. Paul, Kans., in place
of E. J. Schoenhofer, resigned.
The following-named peraons to be post- Eugene A. Hoppe, Syracuse, Kans., in place
masters: of Grover Miller, deceased.
ALABAMA
Roy J. Banks, Pell City, Ala., in place of KENTUCKY
N. R. Shockley, resigned. Buron R. Eh·od, Bowling Green, Ky., in
place of B. G. Leichardt, removed.
ALASKA
Robert E. Latta, Clinton, Ky., in place of
William Newman, Holy Cross, Alaska, in G. F. Hilliard, retired.
place of W. T. Mcintyre, resigned. Bernice M. Combs, Lothair, Ky., in place of
ARIZONA B. G. Combs, resigned.
Ramona V. McPllerson, Payson, Ariz., 1n Charles F. Williams, Middletown, Ky., in
place of w. D. Boardman, retired. place of Edward Schindler, retired.
Sister Mary Kevin Egan, Nazareth, Ky., 1n
ARKANSAS place of Sister James Haldeman, retired.
Alex J. Howard, Morrilton, Ark., in pl~e LOUISIANA
of C. M. Parish, resigned.
Robert L. Na1lling, Osceola, Ark., in place John W. Lewis, Jr., Alexandria, La., in place
of L. J. Shreick, remov.ed. of J. L. Treadway, retired.
Louise M. Gibbs, Longstreet, La., In place
CALIFORNIA of Audrey Rowe, retired.
', George A. Floyd, · Acampo, Calif., 1n place Marie T. Taliancich, Triumph, La., tn place
of E. R. Costello, retired. of Lena Evasovich, retired.
1957 CONGRESSIONAL RECORD - SENATE
Robert· P. Kennedy, Zachary, La., 1n place
of ~- A. µcHugh, resi~~ed_.
MAINE
Donald H. Miller, Kennebunkiport, Maine,
in place of H. M. Martin, retired.
:MARYLAND
Franklin B. Spriggs, Arnold, Md·., in place.
of E. B. Gardner, retired. · William w. Boyd, -Sherrodsville, Ohio, 1n
:MASSACHUSETTS
Susan G. Rowe, Bolton,· Mass., 1n place of
A. A. Hawks, retired. _ WEST VIRGINIA
Marion J. Wilson, Hathorne, Mass., in place
of J. R. McLaughlin, retired.
Arthur H. Despard, Millbury, Mass., in place
of W. C. Young, retired.
MICHIGAN
Albert V. Morg~n, Croswell, Mich., in place
of W. D. Mccaughey, removed. · Michael D. Eddy, Jr., Brave, Pa., in place of'
Ivan M. Vernon, Flushing, Mich., in place
of Agnes McKerring, retired. . John J. Lynch, Cheltenham, Pa., 1n place of
Loraine W. Gardner, Hartland, Mich., in·
place of W.W. Gardner, retired. · . Wilmer E. Hinish, Curryville, Pa., 1n place
Donald M. Plain, Mayville, Mich., in place
of E. M. Lynch, retired.
George P. Liebeck, Munith; Mich., in place
of M. J. Hoffman, resigned.
Phyllis E. _8!mpson, North Str~et, Mich., in
place of H. W. Sweet, resigned. . Thomas P. Janosky, Grassfiat, Pa., in place
Ivan L. Groner, Sand Lake; Mich., in place
of F. J. Otterbacher, retired.
:MINNESOTA
Leonard W. Endreson, Montrose, Minn., in
place of C. H. Ferrell, removed.
Chester L. Lessard, Rush City, .M inn., 1n.
place of H.-L . .Sherman, deceased.
·MISSISSIPPI ·
Philip M. Catchings, Jackson, Miss., in
place of A. C. Griffin, retired. ·
Cecil R. Dubuisson, Long ]3each, Miss., 1n
place of M. B. Dubuisson, retired. - of H. C. Johnston, removed.
M~SSOURI
Theodore R. Shell, De Soto, Mo., in place of
H. w. Ames, transferred.
MONTANA
Howard A. Robinson, Hamilton, Mont., in'
place of of c. A. Smithey, retired. · 1n place ~f Jose Monserrate, retired.
Elizabeth L. Calvert, Lima, 'Mont., 1n place
of o. M. Cantrell, resigned.
NEBRASKA
Norman W. Steinacher, .Milligan, Nebr., in
place of M. E. Krisl, .retired. · TENNESSEE
LeRoy T. Sumner, Rogl?rs, Nebr., in place
of John Zimola, retired.
NEW HAMPSHIRE
George J. Mar.tip., A!ldoyer, N. H., 1n place ;
of c. S. S~one, deceased.
NEW JERS~Y_
Lynwood A. Harby, Bloomingdale, N. J., 1n,
place of C. J. Hansen, resigned.
William Schmidt, Jr., Cologne, N. J., 1n
place of William Schmidt, retired.
Charles R. Allaire, Jr., Middletown, N. J., 1n..
place of Agnes Despreaux. retired.
Claude M. Larned, Sr., Pleasantville, N. J.,.
1n place of M. T. O'Brien, retired.
NEW YORK
Sherman G. Peterson, Falc.o ner, N. Y., 1n
place of H. E. Dickinson, resigned. . ·
Kenneth A. Muehleck, Fort Plain. N. Y., in·
place of D. J. Sullivan, deceased.
Elsie c. Nolin, Ocean Beach, N. Y., 1n place.
of M. J. O'Connell, retired. · . : States to the grades indicated under the
Genevieve Watkins, Richford, N. Y., in
place of A. M. Smith, deceased.
Rudolph A. Sangiacomo, Savannah, N.
in place of Edward Fennell, retired.
r..·
Robert W. Collins, Spring Brook, N. Y., 1n
place of. F. A. ?anohue, retired.
NORTH CAROLINA
Earl W. Miller, Jr., Council,. N. C., in place
of E. E. Meshaw, retrred. · - ·
James J. Lee, Jr., Mebane, N. C., 1n·pla.ce of
W. S. Harris, retired.
CIII~2a .
· Wotth ·T. Hendricks, MockS'Ville, N. C., 111
place of Daisy Holthouser, transferred.
Marion H . .Boyles, Pinnacle, N. C., 1n place:
of w. B. Lane, resigned.
OHIO
'R alph T. Stearns, Bluffton, Ohio, 1n place
of E. R. Reichenbach, retired. · " ·
place of· C. ·A. Belknap, transferred.
Walter M. Guthrie, ..Stryker, Ohio, in place
of A. M. Goll, retired.
OKLAHOMA
Mabel C. Heidenreich, Duke, Okla., in place
of H. M. Foreman, removed.
Wayne Coffman, Pauls Valley, Okla., 1n
place of Earl Witten, deceased.
PENNSYLVANIA
Gail Wood, retired.
P. T. Keenan, resigned.
of L. D. Ritchey, resigned.
· Altheda B. Ferdinand, Drifton, Pa., 1n place
of N. E. Breslin, retired.
William c. Wademan, Factoryville, Pa., 1n
place of C. E. Capwell, retired.
of J. W. Conway, resigned.
. Howard R. Byham, Guys Mills, Pa., in place
of K. A. Bird, retired.
Alexander F. Schafhirt, Mechanicsburg, Pa ...
1n place of G. C. Dietz, transferred.
Kenneth R. Myers, Millerstown, l>a., in
place of R. E. Wagner, deceased.
Edward M. Crawford, Milton, Pa., in place·
of E : H. Follmer, retired.
Wilbur Ray Kline, Shadygrove, Pa., in place
of H. A. Grove, retired.
Lawrence A. Ploro, Smithton, Pa., in place·
Virjean C. Stuckey, Summerdale, Pa., in
place of S. L. Simpson, resigned.
. Johns. Carrier, Summervme, Pa., in place
of H. F. Eshelman, deceased.
PUERTO RICO
Eduardo Melendez Santiago, Salinas, P. R.,
SOUTH DAKOTA
Bernard M. Montagne, Jefferson, S. Dak., in.
place of H. A. Beavers, retired.
Daniel E. Porter, Adams, Tenn., in place of
Lizzie Norman, retired.
Dale L. Marion, Blountville, Tenn., in place
of W. D. Dulaney, transferred.
Billie J. Ross, McEwen, Tenn., 1n place of
Fred Gentry, transferred. · IN THE ARMY
Evelyn E. Roach, New Market, Tenn., 1n
place of A. M. Daniel, transferred.
TEXAS
George D. Fitzsimmons, Jr., Alice, Tex., in
place of M. A. Mullen, removed.
. Dodd D. Weatherly, Carrollton, Tex., in
place of G. F. Isom, removed.
Willie c. Anthis, El Campo, Tex., in place
of W.W. Harriss, deceased.
Jewel A. Atkinson, Goldsmith, Tex., 1nJ
place of R. 0. McFarland, r!?moved.
J. Printous Smith II, Humble, Tex., in place
of I. M. Horton, declined.
Neil O. Clute, Jewett, Tex., in place of A. W. ·
Dotson, retired. ' ·
Horace W. McAdams, Muleshoe, · Tex., 1ri
place of A. J. Gardner, transferred.
Kyle c. Elam, Port Arthur, Tex., in place of
F. C. Toups, deceased.
Olen c. Thomas, Ralls, Tex., in place of·
:M. G. Prewitt, retired. .
John L. Pevey, Woodson, Tex., 1n place o(
o. T. Little, retired.
. .VERMONT
Clifford L. Greene, Pawlet, Vt., 1n place of
0. E. Lee, retired.
6697'.
VmGINIA
Willard L. Jones, Keller, Va., in place of
C.W.Bradford,deceased.
- Warren P. Harris, Midlothian, Va., 1n place·
of B. L. Morrisette, retired.
. Thelma E. Addington, Nickelsville, Va., in·
place of R. L. McConnell, retired.
WASHINGTON
. Richard H. Vaughn, Mountlake Terrace,
Wash. Office established July 1, 1955.
Elizabeth R. Wyant, Alloy, W. Va., in place.
of Edwin Caperton, retired.
Michael Hando, Cassville, W. Va., 1n place
of A. E. Adams, retired.
· Martha W. Burdette, Glen Ferris, W. Va.,
1n place of J. S. Knight, retired.
Gordon W. Spessard, Glen Jean, W. Va., in
place of C. B. Smith, removed.
Conrad A. Graham, Hinton, W. Va., in place
of Carl Hinton, retired.
· Lacy A. Meadows, Rhodell, W. Va., in place
of N. W. Meadows, resigned. -
John C. Kennedy, Sr., Rupert, W. Va., in
place of E. Y. Graves, removed.
Harold G. Whitt, Switzer, W. Va., in place·
. of B. J. Osborne, removed.
WISCONSIN
. Joseph A. Battalio, Clinton, Wis., 1n place
of F. A. Hollister, resigned.
· Sta~ley I. Andersen, Loretta, Wis., in place
of Jennie Ruid, retired.
Roy H. Andrews, Sharon, Wis., in place of
G. A. Peterson, transferred. ·
WYOMING
Rex V. Nelson, Moorcroft, Wyo., in place of
F. E. Wilson, resigned.
CONFIRMATIONS
Executive nominations confirmed by-
the Senate May 9, 1957:
DIPLOMATIC AND FOREIGN SERVICE
Scott. McLeod, of New Hampshire, to be:
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
Ireland.
Henry J. Taylor, of Virginia, to be Am- _
bassador Extraordinary and Plenipotentiary
of the United States of America. to Swltzer•
land.
SUBVERSIVE ACTIVITµ:S CONTROL BOARD
· Thomas James Donegan, of New York, to
be a member of the Subversive Activities
· Control Board for the term expiring April'
9, 1962.
The following-named officers to be placed
on the retired list in the grade indicated un-
der the provisions of title 10; United States
Code, section 39'62: ·
Lt. Gen. Thomas Wade Herren 07430; Army.
of the United States (major general, U. s.·
Army), to be lieutenant general . ..
•
Lt. Gen. Alonzo Patrick Fox 08434, Army
of the United States (major general, U. s.
Army), to tie lieutenant general. · ' .
Lt. Gen. Laurin Lyman Williams 08425, .
Army of the United States (major general,
U. S. Army), to be lieutenant general.
·
The following-named officers for appoint-
ment in the Regular Army of the United
provisions of title 10, United States Code,
secs. 3284, 3306, and 3307:
Maj. Gen. Paul Irwin Robinson 017802,
Army of the United States (brigadier gen-
eral, Medical Corps, U.S. Army), to be major
, general, ;Medica~ Corps. -. _
Brig. Gen. John Frederick Bohlender
017814, Army of the United States (colonel,
Medical Corps, U. S. Army), to be brigadier
general, Medical Corps.
Brig. Gen. Jack William Schwartz 017823,
Army of the United States (colonel, ~edica~,
 6698 CONGRESSIONAL RECORD - HOUSE May 9
Corps, U. S. Army) , to be brigadier general, A. Abbott, which ls shown on page 5654, and 1·esolution of the following titles, in which
Medical Corps. ending with the name of Dwayne .E. T. Wil- th~ concurrence of the House is re-

Army of the United States (colone~, Dental

Corps, U. s. Army), to be brigadier general,
Dental Corps.
•• .....
Brig. Gen. cfarence Price Canby 017904! son, which is shown on page 5660,
••
quested:
S. 45. An act to authorize the Secretary
of Agriculture to sell to the v1llage of Central,
Maj. Gen. John Francis Regis Seitz 017734,
Army of the United States (colonel, U. s.
HOUSE OF REPRESENTATIVES State of New Mexico, certain lands admin-
istered by him formerly part of the Fort
Army) , to be brigadier general. Bayard Military Reservation, N. Mex.;
THURSDAY, MAY 9, ·1957 S. 147. An act for the relief of Guido Wil-
Maj. Gen. Ralph Copeland Cooper! 017741,
Army Qf the United States (colonel, U. s. liam Grambergs;
Army), to be brigadier general.
The House met at 12 o'clock noon. s. 239. An act for the relief of Maria Parisi;
Maj. Gen. David Haytor Buchanan 017746,
The Chaplain, Rev. Bernard Braskamp, S. 256. An act for the relief of Aristea Vito-
Army of the United States (colonel, U. S. D. D., offered· the following prayer: gianes;
Army), to be brigadier general. S. 307. An act for the relief of Noemi Maria
Almighty God, who art the sovereign Vida Williams and Maris Loretta Vida;
Maj. Gen. Herbert John Vander Heide ruler of the universe, grant that during
017754, Army of the United States (colonel, these days of anxiety and distress, Thy S. 308. An act for the relief of Maria Cac-
U. S. · Army), to be brigadier general. como;
Maj. Gen. Normando Antonio Costello
divine spirit may be our counselor and S. 334. An act to amend section 27 of the
017764, Army of the United States (colonel, companion, our joy and strength.
Mineral Leasing Act of February 25, 1920, as
May all our hopes and aspirations, our amended (30 U. S. C. 184), in order to pro-
U. S. Army), to be brigadier general. mote the development of phosphate on the
Brig. Gen. Lloyd Roosevelt Moses 029362, deliberations and decis'ions, our energies public domain;
Army of the United States (colonel, U. S. and labors be directed to redound to Thy · S. 359. An act to permit desert land entries
Army), to be brigadier general. glory and honor and the welfare of hu .. on disconnected tracts of lands which, in the
Maj. Gen. Eugene Fodrea Cardwell 038662, manity. case of any one entryman, form a compact
Army of the United States (colonel, U. S. Give us the courage that shows itself unit and do not exceed in the aggregate 320
Army) , to be brigadier general. in faithfulness, the wisdom that mani- acres;
Brig. Gen. Bri8-!d Poland Johnson 029393, fests -itself in simplicity, the power that S. 405. An act to require the Bureau of the
Army of the United States (colonel, U. S. reveals itself in humility, and the great- Census to develop farm income data by eco-
Army), to be brigadier gen·e ral. nomic class of farm;
Maj. Gen. Robert William Porter, Jr.,
ness that devotes itself in service. S. 463. All act for the relief of Pedro Ampo;
018048, Army of the United States (colonel, We implore Thee that the manifold s. 465. An act for the relief of Maria Con-
U. s. Army), to be brigadier general. resources of our Nation may be used cetta Di Turi;
The following-named officers for temporary mightily and generously in defending S. 470. An act for the relief of Livio Senni;
appointment in the Army of the United and safeguarding our freedoms and in S. 616. An act for the relief of Blanca G.
States to the grades indicated under the ministering to the pcor and needy, the Hidalgo; .
provisions of title 10, United States Code, afflicted and oppressed. s. 622. An act for the relief of Georgina
sections 3442 and 3447: Hear us in Christ's name. Amen. Mercedes Llera;
Brig. Gen. Stuart Gross Smith, 016369, S. 623. An act for the relief of Donlni Mau-
Medical Corps, United States Army, to be The Journal of the proceedings of rizio Donato;
major general. yesterday was read and approved. S. 629. An act for the relief of John Eicherl;
Brig. Gen. David William Traub 017110, S. 641. An act for the relief of Elvira A.
Army of the United States (colonel, U, S. Belford;
Army), to be major general. MESSAGE FROM THE SENATE S. 650: An act for the relief of Isabella
Col. John William Cave 018388, United Abrahams;
A message from the Senate by Mr. S. 653. An act for the relief of Mrs. Elsbe
States Army, to be brigadier general. McBride, one of its clerks, announced Hermine van Dam Hurst;
Col. Alden Kingsland Sibley 018964, United that the Senate had passed without s. 692. An act to provide that the United
States Army, to be brigadier general.
The officers named herein for promotion
amendment bills, a joint resolution, and States hold . in trust for the Indians entitled
to the use thereof the lands described in the
as Reserve commissioned officers of the Army a concurrent resolution of the House of Executive order of December 16, 1882, and
under the provisions of the Reserve Officer the following titles: for adjudicating the conflicting claims there-
Personnel Act of 1954, Public Law 773, 83d H. R. 676. An act to authorize the city of to of the Navaho and Hopi Indians, and for
Congress: Rock Hill, s. c., to acquire certain tribal other purposes; .
· Col. Walter Duryee Lamon, Jr., 0403168, lands on the Catawba Indian Reservation, S. 710. An act for the relief of Sui-an Fung
Artillery, National Guard of the United s. c.; and Shu-nung Wu Fung;
States, to be brigadier general. · H. R. 1544. An act to provide for the con- S. 730. An act for the relief of Shao Fong
Col. James Haydon Weyhenmeyer, Jr., veyance of certain real property of the United Sha;
0415260, Armor, National Guard of the States situated in Cobb County, Ga., to the S. 756. An act for the relief of Giuseppe
United States, to be brigadier general. trustees of the Methodist Church, Acworth, Sciortino;
Maj. Gen. Andrew Thomas McNamara Ga.; S. 767. An act for the relief of Christo Pan
017324, Army of the United States (colonel, H. R. 1757. An act for the relief of Nicola Lycouras Mauroyenis (Maurogenis);
U. S. Army), appointment as the Quarter- Marcello; S. 804. An act for the relief of Georgios D.
master General, United States Army, and as H. R. 2401. An act to provide for the re- Christopoulos;
major general in the Regular Army of the conveyance of certain land to the city of S. 874. An act for the relief of Cornelis
United States. Spearfish, S. Dak.; Vander Hoek;
Brig. Gen. Thomas North 011879, United H. R. 2723. An act for the relief of Shigeko S. 891. An act for the relief of Dr. Cheung
States Army, temporary appointment as Kimura and her minor child;
• major general in the Army of the United H.J. Res. 287. Joint resolution permitting
Nung Huang;
S. 1008. An act for the relief of Col. Benja-
States. the Secretary of the Interior to continue to min A.'telroad;
IN THE AIR FORCE deliver water to lands in the Heart Mountain S. 1063. An act vesting in the American
division, Shoi;;hone Federal reclamation proj- Battle Monuments Commission the care and
The nominations of Quincy E. Fortier, and ect, Wyoming; and
1,782 other officers for appointment in . the maintenance of the Surrender Tree site in
H. Con. Res. 91. Concurrent resolution ex- Santiago, Cuba;
Regular Air Force, which were confirmed to- pressing the sense of the Congress with re-
day, were received by the Senate on April spect to the recognition of the Altar of the s. 1206. An act for the relief of Antio:.e
12, 1957, and may be found in full in the Nation, located in the Cathedral of the Pines, Veneman;
Senate proceedings of the CONGRESSIONAL :Rindge, N. H., as a memorial to all American s. 1274. An act to amend the act of March
RECORD for that date, under the caption war dead. 3, 1911 (36 Stat. 1077), to remove restrictions
••Nominations.'.' beginning with the name of on the use of a portion of the Springfield
Quency E. Fortier, which is ~hown on page The message also announced that the Confederate Cemetery, Springfield, Mo., and
5627, and ending with the nam~ of Robert Senate had passed, with amendments in for other purposes;
E. Witte, which is shown on page 5634. S. 1319. An act to renounce any right, title,
which the concurrence of the House is and interest which the United States may
IN THE NAVY AND IN THE MARINE CORPS requested, a joint resolution of the House have in certain lands in Montana;
. The nominations of W1lliam A. Abbott, and of the following title: S. 1352. An act to provide for the convey-
2,970 other officers, which were confirmed to- H.J. Res.133. Joint resolution for the re- ance of certain real property of the United
day, were received by the Senate on April 15', lief of certain spouses and minor children States to the Fairview Cemetery Association,
1957, and may be found in full in the Senate of citizens of the United States. Inc., Wahpeton, N. Dak.;
proceedings of the CONGRESSIONAL RECORD, s. 1396. An act to amend section 6 of the
for that date, under the caption "Nomina- The message also announced that the act approved July 10; 18QO (26 Stat. 222), re-
tions," beginning with the name of William Senate had passed bills and a concurrent lating to the admission into the Union of
1957 CONGRESSIONAL .RECORD - HOUSE 6699
the State of Wyoming by providing for the JOINT MEETING OF THE -TWO moral ·and material aid given by the
wie of public lands granted to said State for HOUSES OF CONGRESS TO HEAR people of the United States. My peo-
the purpose of construction, reconstruction, ple appreciate both its great import and
repair, renovation, furnishing, equipment, or AN ADDRESS BY HIS EXCELLENCY
other permanent i_m provement of publio THE PRESIDENT OF THE REPUB- its profound significance.
buildings at the capital of said State; LIC OF VIETNAM Since the end of the last war, when
S.1463. An act to amend the Medals of Asia broke her chains, the conscience of
Honor Act to authorize awards for acts of The SPEAKER of the House of Repre· the world has at last awakened to a pro--
heroism involving any motor vehicle; sentatives presided. found and inevitable development, the
S. 1492. An act increasing penalties for At 12 o'clock and 20 minutes p. m. the birth of Asian independence. This real-
violation of certain safety and other statutes Doorkeeper announced the Vice Presi- ization has brought about a condem-
administered by the Interstate Commerce dent and Members of the United States nation in the most concrete terms of the
Commission; Senate, who entered the Hall of the old system of exploitation which gov-
S. 1568. An act to direct the Secretary of House of Representatives, the Vice erned, in the past, the relations between
the Interior to convey certain public lands President taking the chair at the right East and West. In its place firm efforts
in the State of Nevada to the Colorado River
Commission of Nevada acting for the State of the Speaker, and the Members of the are being made to establish a new for-
of Nevada; Senate the seats reserved for them. mula of international cooperation, more
S. 1574. An act to provide for the diposal The SPEAKER. On the part of the adapted to the real needs of the world
of certain Federal property in the Coulee House the Chair appoints as members of and to the new Asian philosophy. It is
Dam and Grand Coulee areas, to provide the committee to escort His Excellency the battle for independence, the growing
assistance in the establishment of a munici- the President of the Republic of Viet- awareness of the colonial peoples that
pality incorporated under the laws of Wash- nam into the Chamber the gentleman the origin of their poverty has been the
ington, and for other purposes; from Massachusetts, Mr. McCORMACK, systematic withholding of technical de-
s. 1859. An act to authorize the Secretary the gentleman from Massachusetts, Mr. velopment, coupled with the growing
of Defense to lend certain Army, Navy, and nationalist and social sentiment, that
Air Force equipment and provide certain MARTIN, the gentleman from Illinois, Mr.
service to the Boy Scouts of America for GORDON, and the gentleman from Illinois, have combined to bring about a pro-
use at the Gold Rush 1957 Jamboree of the Mr. CHIPERFIELD. found transformation in the Asian state
Boy Scouts of America, and for other pur- The VICE PRESIDENT. On the part of mind and given to its masses an irre-
poses; and of the Senate the Chair appoints as mem- sistible dynamism.
s. Con. Res. 22. Concurrent resolution to bers of the committee of escort the Sen- The Asian people-long humiliated in
print for 'the use of the Senate Committee ator from Texas, Mr. JOHNSON, the Sena- their national aspirations, their human
on the Judiciary additional copies of the tor from Montana, Mr. MANSFIELD, the dignity injured-are no longer, as in the
Internal Security Annual Report for 1956. past, resigned and passive. They are
Senator from California, Mr. KNOWLAND,
The message also announced that the and the Senator from Illinois, Mr. impatient. They are eager to reduce
Senate agrees to the amendment of the DIRKSEN. their immense technical backwardness.
House to a bill of the Senate of the fol- The Doorkeeper announced the follow- They clamor for a rapid and immediate
lowing title: ing guests, who entered the Hall of the economic development, the only sound
House of Representatives and took the base for democratic political in depend ..
s. 1442. An act to facilitate the regulation, ence.
control, and eradication of plant pests. seats reserved for them:
The Ambassadors, Ministers, and The leaders of Asia-whatever their
Charges d'Affaires of foreign govern- ideologies-are all faced with the tragic
ANNOUNCEl\ffiNT ments. urgency of the economic and social prob-
The members of the President's Cabi- lems of their countries. Under the
The SPEAKER. The Chair thinks we strong pressure of their peoples, they
will proceed as we have formerly and net. are compelled to adopt economic plan-
not have any program before our dis- At 12 o'clock and 30 minutes p. ,m. the ning. Such planning is bound to cause
tinguished guest arrives, except the Doorkeeper announced His Excellency serious political repercussions. It is for
Chair desires to have read a letter from the President of the Republic of Viet- this reason that the main theme of do-
the State Department quote a message nam. . mestic political debates in Asian coun-
from the President of the National As- His Excellency the President of Viet- tries centers around the extent of plan-
sembly of Vietnam. nam, escorted by the committee of ning needed, the indispensable method
The Clerk read as follows: Senators and Representatives, entered required to bring urgent practical re-
MAY 8, 1957. the Hall of the House of Representatives sults. Should everythfng be planned?.
The Honorable SAM RAYBURN, and stood at the Clerk's desk. [Applause, Or should planning be restricted to es-
Speaker, House of Representatives. the Members rising.] sential sectors? Should democratic or
DEAR MR. SPEAKER: At the request of the The SPEAKER. Members of the Con- should ruthless totalitarian methods be
Embassy of Vietnam, I have pleasure in for- gress, I deem it a great honor and a high adopted?
warding the following message which was privilege to be able to present to you the It is_in this debate-unfortunately in-
received from-the President of the National leader of a great, a proud, a free people,
Assembly of Vietnam. fiuenced in many countries by the false
and a friendly people, the President of but seductive promises of fascism and
"On the occasion of the visit of the Presi- the Republic of Vietnam. [Applause,
dent of our Republic which marks a memo- communism-that the efforts being
rable date in the relations between our two the Members rising.] made to safeguard liberal democracy
countries,· I am particularly happy to send through aid given by the industrial coun-
you in the name of our National Assembly
ADDRESS OF HIS EXCELLENCY NGO tries of the West, play a vital role. For
our fraternal greetings asking you to trans- the honor of humanity, - the United
mit them to the Members of your assembliesDINH DIEM, PRESIDENT OF THE States has made the most important
and to the American people. All the Viet- REPUBLIC OF VIETNAM contribution to this end.
namese people are behind their president in
The PRESIDENT of the Republic of These, gentlemen· of the Congress, in
affirming their deep friendship for the great
American democracy. They are more than Vietnam. Mr. President, Mr. Speaker, outline and general summary, are some
distinguished Members of the Congress
ever determined to fight for peace, liberty, of the problems facing the countries of
and human dignity in complete unity of of the United States, it is a rare privilege Asia. These are the goals to be realized
for me to have this opportunity to ad-
ideals and in the most confident cooperation and the methods proposed. These are
with your nation." dress you today. also the internal pressures and tempta-
Sincerely yours, To address you in the Halls of this tions facing Asian leaders.
ROBERT C. HILL,
Congress-where there has been forged In the great Asian land mass, Viet-
the destiny of one of the great countries nam finds itself in the most sensitive
of the world. area. Although Vietnam faces the
RECESS I am proud to bring to the distin- same general problems of other Asian
The SPEAKER. The Chair declares guished representatives of the noble countries, because of her sensitive geo-
a recess, subject to call. Republic of the United States-the fra- Political position her .problems are great-
Accordingly (at 12 o'clock and 4 min· ternal best wishes of the Vietnamese ly intensified.
utes p. m.>, the House stood in recess, people. I bring as well the expression Placed at one of the strategic points of
subject to the call of the Chair. of their profound gratitude for the access for the important raw materials
6700 CONGRESSIONAL RECORD - HOUSE .
of Southeast Asia, the possession · of
which is decisive in the world, held back
in her development by 100 years of for-
eign domination, exhausted by 15 years
of war and destruction, the northern half
of her territory given to the Communists,
free Vietnam is in a more menaced and
critical position than other Asian coun-
tries.
At great human sacrifice-and thanks
to the aid given by the generous Amer-
ican people-free Vietnam has succeed-
ed, in record time, to overcome the chaos
brought about by war and the Geneva
accords. The national rehabilitation
and stability which have been achieved,
have permitted the integration of over
860,000 refugees into the economy of the
other 11 million people in free Vietnam,
and have permitted the adoption of im-
portant economic and political reforms.
Nevertheless, at the time all Asia is
passing from one civilization to another,
at the moment when all the important
problems come up at once to the leaders
and seem to call for immediate solution,
at a time when all must be done in a
climate of increasing revolutionary ten-
sion, it has become necessary for Viet-
nam, more than for other countries, to
adopt a certain number of principles,
guide lines for action, not only to protect
her from the totalitarian temptations
but, above all, to assist her to attain in-
dependence instead of anarchy-to safe-
guard peace without sacrificing inde-
pendence-to attain economic progress
without sacrificing essential human lib-
erties.
It was for these reasons-basing my-
self on fundamental sources of Asiatic
culture, and within our own Vietnamese
democratic tradition-that I had the
honor to define this doctrine in the mes-
sage of April 17, 1956, delivered to the
National Constituent Assembly of Viet-
nam. I take the liberty of citing from it
the most significant passages, for they
constitute the basis of our const.i tution.
I quote:
In the face of the massive forces of ma-
terial and political oppression which con-
stantly menace us, we feel, more than other
people-the essential need to base our politi-
cal life on a solid foundation and-rigorously
to hasten the successive steps of our actions
along lines which, without hesitation, will
bring about the largest measure of demo-
·cratic progress.
[Applause.]
This can only be spiritualist-thi:.t line fol-
lowed by human beings in their intimate
reality as in their community life-in their
vocation as in the free pursuit of intellectual,
mm:al and spiritual perfection.
We atHrm, therefore, our faith in the ab-
solute value of the human being-whose dig-
nity antedates society and whose destiny is
greater than time.
[Applause.]
We affirm that the sole legitimate object
of the state is to protect the fundamental
rights of human beings to existence-to the
free development of their intellectual, moral,
and spiritual life. · It is in this conviction and in the ' stances Labeling Act.
We affirm that democracy is neither ma ..
terial happiness nor the supremacy of num-
bers. Democracy is essentially a ~ermanent
effort to find the right political means in
order to assure to all citizens the right of
free development and of maximum initiative,
responsibility, and spiritual life.
[Applause.]
May 9
We are convinced that with these guid- attention. [Applause, the Members
ing principles as the central theme for i·ising.]
the development of our political institu- At 12 o'clock and 50 minutes p. m., His
tions, Vietnam will be able to make its Excellency the President of the Republic
political and economic regime-not a of Vietnam, accompanied by the commit-
closed one-but an open system, broader tee of escort, retired from the Chamber.
with each passing day until it reaches The Doorkeeper escorted the invited
the broad dimensions of man. guests from the Chamber in the follow-
Mr. President, Mr. Speaker, gentlemen ing order:
of the Congress, the Republic of Viet- The members of the President's
nam, the youngest Republic in Asia, soon Cabinet.
will be 2 years old. Our Republic was The Ambassadors, Ministers, Charges
born among great suffering. She is cour- d' A:ff aires of foreign governments.
ageously facing up to economic competi-
tion with the Communists, despite heavy
and difficult conditions, which become JOINT MEETING DISSOLVED
daily more complex. Vietnam neverthe- The SPEAKER. The purposes of the
less has good reason for confidence and joint meeting having been completed, the
hope. Her people are intelligent, have Chair declares the joint meeting of the
imagination and courage. They also two Houses now dissolved.
draw strength from the moral and ma- Thereupon <at 12 o'clock and 52 min-
terial aid they receive from the free utes p. mJ the joint meeting of the two
world, particularly that given by the Houses was dissolved.
American people. The Members of the Senate retired to
In the face of increased international their Chamber.
tension and Communist pressure in
southeast Asia, I could not repeat too
often how much the Vietnamese people AFTER RECESS
are grateful for American aid, and how The recess having expired at 1 o'clock
much they are conscious of its im- and 30 minutes p. m., the House was
portance, profound significance, and called to order by the Speaker.
amount. Mr. MILLS. Mr. Speaker, I ask unani-
In actual fact, at any other moment of mous consent that the proceedings had
history, the conflicts between peoples during the recess of the House be printed
have never been posed in such immediate in the RECORD.
terms of civilization as they are today. The SPEAKER. Without objection, it
It is by having made timely contributions is so ordered.
in sufficient quantities for the rehabilita·- There was no objection.
tion of our economic and technical life,
which permitted a higher standard of
living, that the free world, under the COMMITTEE ON APPROPRIATIONS-
leadership of the United States, is assur- · AGRICULTURAL APPROPRIATION
ing the success of the new system of in-
BILL, 1958
ternational cooperation. This action has
contributed to the defense of southeast Mr. WHITTEN. Mr. Speaker, I ask
Asia and prevented the raw materials of unanimous consent that the Committee
this area from falling into Communist on Appropriations may have until mid-
hands. night tomorrow night to file a report on .
Although our economy has suffered the agricultural appropriation bill for
greatly from war, destruction and colo- 1958.
nialism, the people of Vietnam are now The SPEAKER. Without objection, it
increasing their contribution to their is so ordered.
country. A few months ago the National There was no objection.
Mr. VURSELL reserved all points of
Assembly voted new and highe:.: taxes to
bring in needed revenues for the national order on the bill.
budget. A national conscription ordi-
nance was recently promulgated, and a
comprehensive declaration of policy FEDERAL HAZARDOUS SUBSTANCES
was issued 2 months ago for the purpose LABELING
of encouraging foreign private invest- Mr. CURTIS of Missouri. Mr. Speaker,
ment. I ask unanimous consent to extend my
It is on this high moral plane that we i·emarks at this point in the RECORD.
pay tribute to the generous and unselfish The SPEAKER. Is there objection
assistance we have received from the to the request of the gentleman from
people of the United States. It is on the Missouri?
same plane that the interests of Vietnam There was no objection.
are identical with the interests of the · · Mr. CURTIS of Missouri. Mr. Speak-
people of the free world. · [Applause.] er, I have today introduced a bill to regu-
It is on this plane that your and our late the interstate distribution and sale
fight is one and the same. We too will of packages of hazardous substances in-
continue to fight communism. [Ap- tended for household use. The act may
plause.] be cited as the Federal Hazardous Sub..
ardent and always present remembrance ·The need for legislation of this nature
of the strong sympathetic comprehen- stems from the fact that serious difficulty
sion with which the American people and has been encountered on many occasions
Government have followed our efforts, in attempting to treat cases of accidental
that I close, thanking you once again, poisoning from household chemicals
Mr. President, Mr. Speaker, and gentle- which bear , no label indicating their
men of the Congress, for the honor yo~ identity or composition. Also prompting
have bestowed on me and for your kind my int1·oduction of this bill is my con-
1957 CONGRESSIONAL RECORD - HOUSE 6701
cern over the increasing number of re- HOUSING ACT OF 1957 Mr. HIESTAND. Mr. Chairman, I
ported accidents from the use of house- Mr. SPENCE. Mr. Speaker, I ask move to strike out the last word.
hold products and the fact that many unanimous consent that I may incor- Mr. Chairman, I ask unanimous con ..
products are marketed without the in- porate in the RECORD a letter and a tele- sent to proceed for 5 minutes additional.
formative labeling which would prevent gram from the chairman of the housing The CHAIRMAN. Is there objection
and avoid these serious accidents. committee of the AFL-CIO supporting to the request of the gentleman from
For most household chemicals there is the bill H. R. 6659. California?
no Federal law requiring manufacturers The SPEAKER. Without objection it There was no objection.
to list the ingredients contained therein, is so ordered. Mr. HIESTAND. Mr. Chairman, there
though the Federal Food, Drug, and Cos- (The matter referred to is as follows:> are three very important major defects
metic Act does require that the labels of AMERICAN FEDERATION OF LABOR AND in the committee bill that are corrected
foods list the ingredients, and the labels CONGRESS OF INDUSTRIAL ORGANIZATIONS, in the Talle amendment, which we are
of drugs are required to show the active Washington, D. C., May 3, 1957. now considering. They are the major
ingredients as well as the appropriate Hon. BRENT SPENCE, reasons why the administration ap-
warnings against misuse. Also in effect Chairman, House Banking and Cur• proves the amendment introduced by the
is the Federal Insecticide, Fungicide, and rency Committee, House Office distinguished gentleman from Iowa, Dr.
Rodenticide Act, which requires infor- Building, Washington, D. C.
DEAR CONGRESSMAN SPENCE: I am enclos- TALLE.
mative labeling on certain economic ing a copy of a telegram I have sent to They all have to do with inflation, per-
poisons. Speaker SAM RAYBURN, Majority Leader JOHN haps the most serious problem this Na-
There is State legislation presently McCORMACK, Minority Leader JOSEPH MAR- tion now faces.
pending on this subject in Kansas, Tex- TIN, and Congressman CHARLES A. HALLECK Section 205 of the committee bill pro-
as, and Connecticut. There are regula- urging them to support H. R. 6659, the hous- vides for the investment of $1 billion
tions now in existence covering this type ing bill recommended by the House Bank-
ing and Currency Committee and to defeat worth of national service life insurance
of legislation in New Jersey, New York, the thoroughly inadequate so-called "com- funds to support the secondary mort..
Oregon, and Illinois, and some limited promise" H. R. 7024, introduced by Congress- gage market. Now, what is this fund?
regulations throughout the States cover- man TALLE. It is nothing more nor less than an ac-
ing the labeling of some specific I want to take this opportunity to express count down at the United States Treas-
chemicals. to you again our appreciation for your fine ury. The money has been put into the
efforts against great odds to obtain adequate account, and, like all other deposits in
In view of the State activity and the housing legislation in this session of Con-
serious nature of this matter, I deem it gress. the Treasury, it has been spent. In its
necessary to have a Federal law to cover Sincerely yours, place are Government bonds which are,
the interstate uniform requirements, HARRY C. BATES, of course, simply notes or I 0 U's.
which will be beneficial to physicians, Chairman, Housing Committee, AFL-CIO. Now if we take a billion dollars out
users of household chemicals, and in- AFL-CIO urges you to support Spence bill of that fund, we are simply taking a
dustry. (H. R. 6659) when House considers housing billion dollars cash out of the Treasury
legislation next week. While H. R. 6659, to support the secondary-mortgage
My bill, Mr. Speaker, would also repeal approved by House Banking and Currency market and when the Treasury needs
the Federal Caustic Poison Act, requir- Committee, does not contain all features more money, it must either replace this
ing informative labeling on a few caustic AFL-CIO regards as necessary for adequate billion dollars with other bonds, certifi-
and corrosive substances, because my housing bill, it would expand the sagging
new home market and increase the oppor- cates, or bills, by borrowing the money
bill, by its provisions, embraces the sub- tunity for home buyers, particularly veter- from banks, or in the open market. The
ject matter dealt with in the Federal ans, to obtain moderate-priced housing. It only other way the money can be re-
Caustic Poison Act. would also improve and render more effective placed is by increased taxation. That,
the operations of the Federal National Mort- I am sure our distinguished Chairman
gage Association, particularly in its special and no Member of this House will even
assistance program for types of housing es- contemplate.
CALL OF THE HOUSE pecially needed. The so-called "compro-
Mr. KILBURN. Mr. Speaker, I make mise" Talle bill (H. R. 7024), proposed as a The . billion dollars, drawn directly
the point of order that a quorum is not substitute for H. R. 6659, lacks the most from the Treasury, is highly inflationary.
effective features of H. R. 6659 and would It expands the money supply to that de-
present. therefore completely fail to assist the much- gree, whereas, the provision in the Talle
The SPEAKER. Evidently no quorum needed revival of the critically ~ depressed bill, simply expanding the present bor-
is present. housing market. We ask you to do every- rowing authority of FNMA by a half a.
Mr. BOYLE. Mr. Speaker, I move a thing possible to defeat H. R. 7024 and to
obtain a favorable vote for H. R. 6659. billion, in effect, simply uses a half a bil-
call of the House. HARRY C. BATES, lion of private funds, to support the sec-
A call of the House was ordered. Chairman, Housing Committee ondary market. These funds already
The Clerk called the roll, and the fol- of the AFL-CIO. exist in investment funds, foundations,
lowing Members failed to answer to the~r and trusts and this procedure is not in-
names: :flationary, because all of the FNMA de-
[Roll No. 67) HOUSING ACT OF 1957 bentures are now being bought up by
Alger Evins Martin
Mr. SPENCE. Mr. Speaker, I move private investors.
Allen, Ill. Farbstein Powell Yesterday it was asserted that this
Anderson, Fogarty Prouty that the House resolve itself into the
Mont. Garmatz Rodino Committee of the Whole House on the extra half billion dollars of FNMA au-
Andresen, Green, Pa. Saund
State of the Union for the further con- thorization was spending, and with the
August H. Gwinn Sheehan· Congress in an economy mood, it should
Bass, Tenn. Halleck Shelley sideration of the bill <H. R. 6659) to ex-
Beamer Harvey Simpson, Pa.
tend and amend laws relating to the pro- not be done. The facts are exactly the
l3latnik Haskell Smith, Miss. opposite from those he stated-that extra.
Boggs Hays, Ohio vision and improvement of housing, to
Smith, Va.
Bowler Hebert Steed improve the availability of mortgage half billion dollars for FNMA is simply
Buckley Holtzman Taylor credit, and for other purposes. authorization of presently existing pri-
Chudo1f James Utt
The motion was agreed to. vate funds, instead of National Service
Coffin Kearney Walter
Cole Kelley, Pa. Willis Accordingly the House resolved itself Life fund drawing on the Treasury for a
Dawson, III. Kirwan Wilson, Calif.
into the Committee of the Whole House billion dollars new money.
Denton Laird Wolverton There are other serious precedents
Eberharter Mcintosh on the State of the Union for the fur-
ther consideration of the bill H. R. 6659, established in reinvesting some of our
The SPEAKER. On this rollcall 380 with Mr. MILLS in the chair. present Treasury earmarked funds. U
Members have answered to their names, The Clerk read the title of the b111. we start this precedent, what is to pre-
a quorum. The CHAffiMAN. When the Com• vent our authorizing that highly infla•
By unanimous consent, further pro- mittee rose on yesterday there was pend· tionary measure of reinvesting all of the
ceedings under the· call were dispensed ing an amendment offered by the gen• other funds? In other words, doubling
with. tleman from Iowa [Mr. TALLE]. up the money supply with already spent
6702 CONGRESSIONAL · RECORD - HOUSE
social-security money, or railroad pen- around the existing supply of goods and
sion money. What. difference does it services, bidding up the price and in-
make? It all comes out of the same pot. creasing the inflation. I believe the Ped-
It is all your money-taxpayers money, eral Reserve was very wise in simply
and if we print twice as much of it, we ref raining from further expansion of the
will simply be further debauching the money supply until production could
value of the dollar by 50 percent. I urge increase enough to catch up with de•
that we very carefully consider the mand, and that is exactly what is hap-
highly inflationary aspects of that sec- pening. The tight-money situation is
tion 205 of the committee bill. I would correcting itself in a natural, rather
not blame the President for vetoing any than an artificial way. Discounts on
bill with such a frightful measure in it. FHA mortgages are now down to small
The Talle amendment simply authorizes margins. They are simply refiecting the
enough more funds to support the sec- law of supply and demand, and I am
ondary mortgage market and we have advised that discounts on VA mortgages
been assured by the experts appearing are now much less than they were.
before the committee that that added Furthermore. authorizing a Federal
authorization will provide adequate re-
bureau to fix. prices has many dangerous
volving fund to supply the necessary complications. The :price of money in
money for the home building market, so New York is very different from that in
desperately needed at present. Amarillo, Tex., or Spokane, Wash. An
The second highly inflationary meas- arbitrary price-fixing range, as is sug-
ure in the committee bill is section 203, gested, arbitrarily fixes the top price.
which would peg the price paid by And who is wise enough to set a fixed
FNMA special consistence at the face price on the variable supply of money
value of the mortgage. Any measure of and credit in 900 areas of the United
price fixing tends to defeat the very ob- States at any given day of the 365 days
ject for which it was designed, whether of any year? The open market, Mr.
it be price controls, wage controls, or any Chairman, is the only sound and sure
controls. They can hold the price tem- method of pricing. A pegged market
porarily, but eventually they foster and stops investment instead of helping it.
breed inflation. · th~ Commisisoner may prescribe.'
Again, fixing prices simply drives the
Fixing the price at which FNMA must demand for mortgage money right into
pay for these mortgages takes away the the United States Treasury, the taxpay-
market operation and guarantees that ers' money, instead of private investors'
FNMA will lose money and not be self- money.
supporting, hence becoming frozen in- This discount measure was tried, and
stead of revolving. Now, there's nothing tried fairly you may recall, in 1950, was
more fundamentally sound and anti-in- discarded as a failure. It simply will not
flationary than the open-market opera- work. Adjusting interest i·ates to realis-
tion. lf FNMA can pay a shade less for _tic figures enabled the law of supply and
some mortgages because they are worth demand to operate and thus avoids in-
a little less than others, and can sell them flation. Fixing prices is as dangerous as
for whatever the market offers, it can fixing prices on Government bonds-a
continue to be a revolving fund. On the highly inftationary measure.
other hand, if FNMA must pay par, it This inflationary paragraph is not in
must continue to go directly to the Treas- the Talle amendment.
ury for added funds and FNMA, a corpo- Mr. Chairman, if we are to fight off
. ration, is paying $5-1h million taxes per the inflation and endeavor to hold our
·year. Presently these mortgages, or de- cost of living even, a voiding lending the
bentures, not. Government guaranteed, taxpayers money directly at subsidized
are sold to private investors-insurance costs, we must approve the Talle amend-
companies, trust funds and foundations. ment, the administration amendment--
Again, if FNMA must go to the Treasury and I hope this House will do so deci-
for direct draft, it is highly inflationary. sively. Thank you.
Artifically pegging the purchase price Mr. EDMONDSON. Mr. Chairman, I
for these mortgages is thus inflationary. offer an amendment.
This price-pegging measure is not in the The Clerk read as follows.:
· Talle amendment, and is another reason
Amendment offered by Mr. EDMONDSON as
for our supporting the amendment. a substitute for the amendment offered by
A third inflationary measure of the Mr. TALLE: Strike out all after· the enacting
committee bill is section 503, which clause and insert in lieu thereof the follow-
would provide for · discount control. ing: "That this act may be cited as the
Again, this is definitely a price-fixing 'Housing Act of 1957 .>
measure, and I suggest that all price- "TITLE I-FHA INSURANCE PROGRAMS
fixing measures tend to be inflationary, "Lower downpayments for sales housing
in that they force direct borrowing from "SEC. 101. (a) Section 203 (b) (2) of the
the Treasury, rather than utilizing of National Housing Act is amended to read as
private funds. follows:
Now, none of us like the discount situ- "'(2) Involve a principal obligation 'in·
ations of the last 12 months, but may cluding such initial service charges, ap-
I direct the attention of the membership praisal, inspection, and other fees as the
Commissioner shall approve) in an amount
to the fact that these discounts were the not to exceed $20,000 in the case o! property
effects rather than the causes. They a1te upon which there is located a. dwelling de-
the result of a tight-money market pro- signed principally (whether or not it may
duced by tremendous prosperity. tremen- be intended to be rented temporarily for
dous building, tremendous demand for school purposes) for a l- or 2-family resi·
dence; or $27 ,500 in the case o! a 3-family
funds. If the Federal Reserve had loos- residence; or $35,000 in the case of a 4-family
ened up on credit, it would have simply residence; and not to exceed an amount
increased the amount of dollars to chase equal to the sum of (i) 97 petrcent (but,, in
May 9
any case where the dwelling i& not approved
!or mortgage insurance prior to the begin-
ning of construction, unless the construction
of the dwelling was completed more than. 1
year prior to the application for mortgage
insurance, 90 percent) of $10,000 of the ap-
praised value of the. property, as of the date
the mortgage is accepted for insurance, (if)
85 percent of such value in excess of $10,000
but not in excess of $16,000, and (111) 70- per-
cent of such value in excess of $16,000.'
" ( b) Section 203 ( b) of such act is further
amended by adding the following paragraphs
at the end thereof:
"'(&} In the case of a mortgagor who is
not the occupant of the property, have a
principal obligation not in excess of an
amount equal to 85 percent of the amount
computed unde:r the provisions of paragraph
(2) of this subsection.
" '(9} Be executed by a mortgagor who
shall have paid on account of the property
at least 3 percent, or such larger amount
as the Commissioner may determine, of the
Commissioner's estimate of the cost of acqui-
sition in cash or its equivalent: Provided,
That with respect to a mortgage executed by
a mortgagor who is 60 years of age or older
as of the date the mortgage is endorsed for
insurance or with respect to a mortgage
meeting the requirements of subsection (i)
· of this- section, the moa.:tgagor's payment re-
quired by this subsection may be paid by a
corporation or person other than the mort-
gaaor under such terms and conditions as
" ( c) Section 203 ( i) of such act is
amended to read as follows:
"'(i) The Commissioner is authorlzed to
insure under section 203 any mortgage meet-
ing the requirements of subsection (b) of
this section, except as. modified by this sub·
section, which involves a. principal obliga-
tion n-0t in excess of $6.,750 and not in ex:ce£s
of 96 percent of the appraised value of a
property located in an area where the Com-
missioner finds it is not practicable to ob·
tain conformity with many of the require-
ments essential to the insurance of mort·
gages on housing in built-up urban. areas,
upon which there is located a dwelling de-
signed principa!Iy for a single-family resi·
dence, and which is approved for mortgage
insurance prior to the beginning of con-
struction.: Provic!ed, That the Commissioner
finds that the property with respect to which
the mortgage is executed is an acceptable
risk, giving consideration to the need for
providing adequate housing for families of
low and moderate income particularly in
suburban and outlying areas or small com-
munities.'
"SEC. 102. (a) Section 220 (d) (3) of the
National Housing Act is amended by strik-
ing out all thereof appearing before clause
(B) and inserting in lieu thereof the fol-
lowing:
" ' ( 3) The mortgage shall-
"• (A) (i) involve a principal obligation
(including such initial service charges, ap-
praisal, inspection, and other fees as the
Commissioner shall approve) in an amount
not to exceed $20,000 in the case of property
upon which there is located a dwelling de-
signed principally for a 1- or 2-family resi-
dence; or $27,500 in the case of a 3-family
residence; or $35,000 in the case of a 4.-
family residence; or in the case of a dwelling
designed principally for residential use for
more than 4 families (but not ex.ceeding
such additional number of family units as
the Commissioner may prescribe} $35,000
p?us not to exceed $7,000 for each additional
family unit in excess of 4 located on such
property; and not to exceed an amount
equal to the sum. of (l) 97 percent (but,
in any case where the dwelling is not ap-
proved for mortgage insurance prior to the
beginning of construction. unless the con-
struction of the dwelling was completed
more than 1 year prior to the- application
for mortgage insurance, 90 percent) of
1957 CONGRESSIONAL: RECORD - HOUSE
$10,000 of the Commissioner's estimate of
replacement cost of the property, as of the
date the mortgage is accepted for insurance,
(2) 85 percent of such replacement cost in
excess of $10,000 but not in excess of $16,000,
and (3) 70 percent of such :r:eplacement cost
in excess of $16,000: Provided, That in the
case of properties other than new construe·
tion, the foregoing limitations upon the
amount of the mortgage shall be based upon
appraised value rather than upon the Com·
missioner's estimate of the replacement
cost;
"'(ii) in the case of a mortgagor who 1s
not the occupant of the property, have a
principal obligation not in excess of an
amount equal to 85 percent of the amount
computed under the provisions of subsec·
tion (i); or.'
"(b) Section 220 {d) (3) of such act is
further amended by striking out the phrase
'not to exceed' at the first four places it
appears in clause (B) and inserting in lieu
thereof at each such place the phrase 'not
exceed.'
"SEC. 103. Section 222 (b) of .t he National
Housing Act is amended to read as follows:
"'(b) To be eligible for insurance under
this section a mortgage shall-
" '1. Meet the requirements of section 203
(b) of this title except as such requirements
are modified by this section;
" '2. Involve a principal obligation (in·
eluding such initial service charges, ap-
praisal, inspection, and other fees as the
Commissioner shall approve) in an amount
not to exceed $17,300;
"'3. Have a principal obligation not in
excess of 97 percent of the appraised value
of the property; and
"'4. Be executed by a mortgagor who at
the time of application for insurance is
certified as a "serviceman" and who at the
time of insurance is the owner of the prop-
erty and either occupies the property or
certifies that his failure to do so is the re-
sult of his military assignment, or in the
case of the United States Coast Guard, other
assignment.'
"Other provisions relating to FHA insurance
programs
"SEC. 104. Section 2 of the National Hous·
ing Act ls amenc;l.ed, effective with respect
to payments made on and after January 1,
1958, by redesignating subsection (g) as sub·
section (h) and by inserting after subsec-
tion (f) the following new subsection:
"'(g) Any payment for loss made to an
approved financial institution under this
section shall be final and incontestable after
2 years from the date the claim was certified
for payment by the Commissioner, in the
absence of fraud or misrepresentation on the
part of such institution.'
"SEC. 105. Section 204 of the National
Housing Act is amended by adding at the
end thereof the following new subsection:
"' (k) Notwithstanding any other provi·
sions of this section of section 604 or 904,
with respect to any debentures issued pur·
suant to this section or section 604 or 904,
the Commissioner may (1) include in such
debentures reasonable payments made by
the mortgagee, with the approval of the
Commissioner, for the purpose of protecting,
operating, or preserving the property, and
taxes imposed upon any deed or other in·
strument by which the property was acquired
by the mortgagee and transferred or con·
veyed to the Commissioner, and (2) termi·
nate the mortgagee's obligation to pay mort·
gage insurance premiums upon receipt of
an application for debentures filed by the
mortgagee.'
"SEC. 106. (a) The second sentence of sec·
tion 204 (d) of the National Housing Act
is amended by striking out 'determined by
the Commissioner, with the approval of the
Secretary of the Treasury, at the time the
moFtgage was offered for insurance, but not
to exceed 3 per centum per annum' and by
6703
inserting in lieu thereof 'established by the Federal income tax laws to be deducted if
Commissioner pursuant to section 224.' the Association were not exempt from such
"(b} The second sentence of section 207 taxes with respect to such secondary market
(i) of such act is amended by striking out operations and all amounts paid to the Sec-
'determined by the Commissioner, with the retary of the Treasury as a return on his
approval of the Secretary of the Treasury, investment in the securities of the Associa·
at the time the mortgage was insured, but tion.'
not to exceed 3 per centum per annum' and "SEC. 205. The second sentence of section
by inserting in lieu thereof 'established by 805 {b) of the National Housing Act is
the Commissioner pursuant to section 224.' amended to read as follows: 'Notwithstand·
"(c) T]}e second sentence of section 803 · 1ng any other provision of this section the
{f) of such act is amended by striking out price to be paid by the Association for mort-
'determined by the Commissioner with the gages purchased in its operations under this
approval of the Secretary of the Treasury, section shall be not less than the unpaid
at the time the mortgage was accepted for principal amount thereof at the time of pur·
insurance, but not to exceed 3 per centum chase, with adjustments for interest and any
per annum' and by inserting in lieu thereof comparable items.'
'established by the Commissioner pursuant
"TITLE m-SLUM CLEARANCE AND URBAN
to section 224.'
RENEWAL
"Sro. 107. The unnumbered paragraph im·
mediately following paragraph (3) of section "SEC. 301. Section 103 (b) of the Housing
207 (c) of the National Housing Act is Act of 1949 ls amended by striking out
amended ( 1) by striking out '$8,100 per '$500,000,000 which limit shall be increased
family unit' and inserting in lieu thereof by further amounts of $200,000,000 on July
'$8,100 per family unit (or $8,400 per family 1 in each of the years 1955 and 1956, respec·
unit in the case of projects to consist of tively' and inserting in lieu thereof '$900,·
elevator-type structures)', and (2) by insert- 000,000, which limit shall be increased by
ing before the period at the end thereof a $250,000,000 on July 1, 1957.''
comma and the following: 'and may permit "SEC. 302. Section 106 (f) (2) of the Hous·
single elderly persons to use and occupy such ing Act of 1949 is amended by adding at the
units.' end thereof the following new sentence:
"SEC. 108. Section 207 (q) of the National 'Such rules and regulations may include
Housing Act is repealed. provisions authorizing payment to indi·
"SEC. 109. Section 213 (e}, 220 (f) (1), 221 viduals and families of fixed amounts (not
(g) (1), and 222 (e) of the National Housing to exceed $100 in any case) in lieu of their
Act are each amended by strildng out 'and respective reasonable and necessary moving
(h) of section 204' and inserting in lieu expenses.'
thereof '(h), and (j) of section 204.' "SEc. 303. Section 110 (d) of the Housing
"SEC. 110. Section 219 of the National Act of 1949 ls amended by inserting in the
Housing Act is amended by striking out 'or second proviso after 'under this section 110
the Section 220 Housing Insurance Fund' and ( d)' the following: 'with respect to any proj·
inserting in lieu thereof 'the Section 220 ect covered by a Federal aid contract under
Housing Insurance Fund, the Section 221 this title.'
Housing Insurance Fund, or the Servicemen's "TITLE IV-MILITARY HOUSING
Mortgage Insurance Fund.'
"SEC. 401. Section 803 (a) of the National
"TITLE ll-SECONDARY MORTGAGE MARKET Housing Act is amended by striking out
"SEC. 201. (a) The first sentence of section 'June 30, 1958' and inserting in lieu thereof
303 (b) of the National Housing Act is 'June 30, 1959.'
amended to read as follows: 'The Association "SEC. 402. Section 803 (b) (3) (B) of the
shall accumulate funds for its capital sur· · National Housing Act is amended by insert·
plus account from private sources by re· ing before the semicolon at the end thereof
quiring each mortgage seller to make pay· a colon and the following: 'Provided further.
ments of nonrefundable capital contribu· That should the :financing of housing to be
tions, equal to not more than 2 per centum constructed pursuant to a single invitation
nor less than 1 per centum of the unpaid for bids be accomplished by two or more
principal amount of mortgages purchased or mortgages, the principal obligation of any
to be purchased by the Association from single mortgage may exceed an average of
such seller under section 304, as determined $16,500 per family unit if the sum of the
from time to time by the Association, taking principal obligations of an mortgages for
into consideration conditions in the mart· such housing does not exceed an average of
gage market and the general economy.' $16,500 per family unit.'
"(b) The second sentence of section 303 "SEC. 403. Section 410 of the Housing
{d) of such act ls amended by striking out Amendments of 1955 is amended to read as
'$50,000,000' and inserting in lieu thereof follows:
'$200,000,000.' " 'SEc. 410. In the construction of housing
" ( c) The second sentence of section 303 under the authority of this title and title
( e) of such act is amended by striking out VIII of the National Housing Act, as
'$50,000,000' and inserting in lieu thereof amended, the maximum limitations on net
'$200,000,000.' floor area for each unit shall be the same as
"SEC. 202. Section 304 (c) of the National the net floor area limitations prescribed by
Housing Act is amended by striking out law (at the time plans and specifications for
'$1,350,000,000' and inserting in lieu thereof such construction are begun) for public
'$2,850,000,000.' quarters built with appropriated funds under
"SEC. 203. (a) Section 305 (c) of such act military construction authority.'
is amended to read as follows: "SEC. 404. Section 404 (a) of the Housing
"'{c) The total amount of purchases and Amendments of 1955 ls amended by striking
commitments authorized by the President out 'an appropriate allowance for physical
pursuant to subsection (a) of this section depreciation' and inserting in lieu thereof
·shall not exceed $450,000,000 outstanding at 'an appropriate allowance representing the
any one time.' estimated cost of repairs and replacements
"{b) Section 305 (f) • of such act is immediately necessary to restore the property
amended by striking out '$200,000,000' and to sound phyiSical condition.'
inserting in lieu thereof '$500,000,000.' "TITLE V-MISCELLANEOUS
"SEC. 204. Section 309 (c) of the National
Housing Act is amended by adding at the end ••college housing
thereof the following new sentence: 'In com· "SEC. 501. (a) Section 401 (c) of the Haus•
puting such equivalent amount, there shall 1ng Act of 1950 is amended to read as follows:
be deducted from the gross income of the "'{c) A loan to an educational institution
Association, with respect to such secondary may be in an amount not exceeding the total
market operations, all expenses and other development cost of the facility, as deter··
deductions which would be authorized by the mined by the Administrator, and shall ba
:6704 . CONGRESSIONAL RECORD - HOUSE
secured In such manner -and repaid within
such period, not exceeding 50- years, as may
be determined by him; and with respect to
applications :filed after May 10. 1957, the
loans entered into during any calendar quar-
ter shall bear interest at a rate equal to the
total of one-fourth of 1 percent per annum
plus the- rate chargeable by the Secretary of
the Treasury (with respect to notes and obli-
gations issued during such quarter) under
the second sentence of subsection {e) of
this section.'
"(b) Section 401 (d) of such act is
amended by striking out '$750,000,000' and
inserting in lieu thereof '$900,000,000.'
"(c) The second sentence of section 401
( e) of such act is amended to read as follows:
'Such notes or other obligations issued .dur-
ing any calendar quarter to obtain funds in
excess of the aggregate amount required with
respect to applications filed on or before May
10, 1957, shall bear interest at a rate deter-
mined by the Secretary of the Treasury,
which shall be not more than the average
yield to maturity, as estimated by the Secre-
tary of the Treasury on the basis of daily
closing market bid quotations or prices dur-
ing the second month preceding such quaF-
ter, on all outstanding marketable obliga-
tions of the United States having a maturity
date of 15 or more years from the first day
of such second month, adjusted to the near-
est one-eighth of 1 percent.'
"Voluntary home mortgage credit program
"SEC. 502. Section 610 (a) of the Housing
Act of 1954 is amended by striking out 'June
30, 1957.' and inserting .in lieu thereof 'July
31, 1959.'
"Mortgage credit study
"SEC. 503. The Housing and Home Finance
Administrator, in order to obtain informa-
tion and data which will enable him to assist
more effectively in the provision and im-
provement of residential housing, 1s author-
ized and directed to conduct a study to de-
termine (1) the extent to which the resi-
dential building industry is able to secure
. the mortgage credit, manpower, and mate-
rials required for the construction of resi-
dential housing of the types and in the quan-
tities needed to satisfy the demand for such
housing, and (2) the methods and policies
by which such industry, without aggravating
the overall problem of controlling inflation,
may attract a greater share of available mort-
gage credit, manpower, and materials. The
Administrator shall, on or before April 30,
1958, submit to the President and the Con-
gress a full report on such study including
his findings and such recommendations as
he may deem appropriate.
"On completion of the study, the Housing
and Home Finance Administrator, after con-
sultation with the Federal Housing Commis-
sioner, shall fix reasonable limits on the
charges, fees, and discounts imposed upon
the builder, seller, or purchaser in connection
with the financing of the construction or
sale of any housing covered by a mortgage
Insured under the National Housing Act,
whether or not such charges, fees, and dis-
counts are imposed in connection with the
financing under such mortgage. Such limits
may vary in accordance with the terms of
the mortgage involved, the geographical area
in which the housing is located, and such
other pertinent factors as the Administrator
deems advisable. As a condition of eligi-
bility for such insurance, the lender shall
certify that no charge, fee, or discount has
been imposed by it in excess of the limits
fixed pursuant to this section. · the Committee on Veterans' Affairs of
"Farm housing research
"SEc. 504. (a) The Housing and Home Fi-
nance Administrator is authorized and di-
rected to undertake and carry out a program,
1n the manner provided in subsection (b),
for the study of farm housing In the United
States. Such program shall be designed to
essist ln the improvement of ~arm housing
May 9
conditions tn the United States by develop- Mr. TEAGUE of Texas. It is my un-
ing data and information on- derstanding that the three veteran
" ( 1) the adequacy of existing farm hous-
propositions the Committee on Veterans'
ing;
"(2) the nature and extent ot current and Affairs objected to are not in this sub-
prospective needs for farm housing, includ- stitute.
ing the needs for financing and improved Mr. TALLE. Mr. Chairman, may I
design, utility, and comfort and the methods ask if the section on discount controls is
by which such needs might best be satisfied; in the proposition the gentleman oiiers?
~'(3) the problems faced by farmers in
Mr. EDMONDSON. The section on
purchasing, constructing, improving, alter- discount controls in part is in it and
ing. repairing, and replacing farm dwellings;
" (4) the· interrelation of farm housing will be explained in just a moment.
problems and the problems of housing in Mr. TEAGUE of Texas. Mr. Chair-
urban and suburban areas; and man, will the gentleman yield?
"(5) any other matters bearing upon the Mr. EDMONDSON. I yield to the
provision of adequate housing for the farm gentleman from Texas.
population of the United States. Mr. TEAGUE of Texas. As I under-
"(b) The research, study, and analysis re- stand the gentleman's statement, the
quired to carry out the program described provision which sets up veterans pref er-
in subsection (a) shall be conducted by land-
grant colleges established pursuant to the ence, the provision which provides for
act of July 2, 1862 (7 U. S. C., secs. 301-308), the use of NSLI funds, and the provision
and such research, study, and analysis shaill with reference to veterans so far as dis-
be financed with grants made to such col- counts are concerned is not in the sub-
leges by tbe Housing and Home Finance Ad- stitute.
ministrator on such terms, conditions, and Mr. EDMONDSON. The veteran ts
standards as may be specified in regulations not treated as a separate class in any
prescribed by him.
"(c) The authority of the Housing and portion of the substitute as it is now
Home Finance Administrator to make grants being offered.
under subsection (b) shall expire June 30, - Mr. TALLE. Mr. Chairman, will the
1959; and the total amount of such grants gentleman yield?
shall not exceed $300,000 during either of Mr. EDMONDSON. I yield to the
the fiscal years ending June 30, 1958, and gentleman from Iowa.
June 30, 1959.
"(d) There are authorized to be appro-
Mr. T.ALLE. How can the gentleman
priated such sums as may be necessary to make that contention unless the section
carry out this section." _on discounts is completely out of his
bill?
Mr. EDMONDSON. Mr. Chairman, I Mr. EDMONDSON. The section on
ask unanimous consent, to proceed for discounts has been amended, and I will
an additional 5 minutes. discuss it in just a moment. It was a
The CHAIRMAN. Is there objection little bit different from the way it was
to the request of the gentleman from presented in the committee bill.
Oklahoma?
Mr. ARENDS. Mr. Chairman, will
There was no objection. the gentleman yield?
Mr. EDMONDSON. Mr. Chairman, Mr. EDMONDSON. I yield to the
this substitute which is offered for the gentleman from Illinois. .
so-called Talle amendment is a substi- Mr. ARENDS. I do not question the
.tute designed to meet the basic objec- sincerity of the gentleman or his pur-
tions on the question of jurisdiction that pose in bringing in this substitute, but
has been advanced against the commit-
the question comes to my mind, not
tee bill and to preserve in the Talle bill being a member of the Committee on
the other substantive portions of · the Banking and Currency, I wonder why
committee bill which are deemed to be of the gentleman now comes out with a
major importance to a successful hous- complete new substitute which none of
ing program. us know anything about and which was
I might say that during the 4 years not even presented to the Committee on
I spent as a member of the Housing Sub- Banking and Currency. It is something
committee of the House Committee on entirely new that no one has had an
Veterans' Affairs I saw some very suc-
opportunity to study or digest.
cessful years and I saw some years in Mr. EDMONDSON. May I say to the
which housing was not so successful. It gentleman that this substitute which is
became very obvious that nnless certain offered is 24 hours younger than the
things were done by the Government to substitute that was offered to the House
back up the laws that were on the books yesterday by the gentleman from Iowa,
with regard to housing many of the bene- Mr. TALLE.
fits which we seek to confer upon home Mr. ARENDS. Let me say to the gen-
builders in this country would be wiped
tleman from Oklahoma that the Talle
out through failure of the Government bill has long been introduced and was
.properly to administer its program and available for study by every Member of
to finance it. .the House in bill farm.
This substitute contains a series of Mr. EDMONDSON. May I say in an-
amendments that I will outline. I may swer to the gentleman on that score
say these amendments have been dis-
that a great portion of the Talle bill is
cussed in detail with the chairman of preserved in this substitute; in fact,
nearly 90 percent in the language which
the House of Representatives and with is used, but the other provisions that are
the chairman of the Housing Subcom- .offered, almost without exception, are
mittee of the Committee on Banking and provisions that have been before the
Currency. House even longer than the Talle bill,
Mr. TEAGUE of Texas. Mr. Chair- inasmuch as they are presented in the
man, will the gentleman yield? committee bill in substantial part.
Mr. EDMONDSON:. I yield to the gen- · Now,. there are one or two deviations
~ tleman from Texas. which, if I may proceed without inter-
 1957 CONGRESSIONAL RECORD - HOUSE
ruption, I will cover in a discussion of
these amendments.
The first amendment deals with the
downpayment provision. Yesterday I
said in discussing the Talle bill that I
thought it had the virtue not only of
avoiding the jurisdictional question but
also of having slightly more liberal down-
payment provisions. The substitute
adopts in part the downpayment pro-
visions of the Talle substitute and in part
the downpayment provisions of the
committee bill It has this additional
provision, that on the first $10.000 of
loan the downpayment is lowered to 3
percent, which is a more liberal figure
than the downpayment provision in the
Talle bill, where it is ·4 percent. On the
next $6,000 the downpayment provision
is 15 percent, which splits the difference
between the Talle bill and the committee
bill. And, on the final portion of the
loan, the amount above $16,000, the
downpayment would be required to be at
30 percent, which is the way it stands in
the Talle bill.
The next amendment, and an amend-
ment on which. I think there can be
unanimity on this floor if all of us who
are fighting so hard for economy in Gov-
ernment may unite our forces on this
point, has the effect of taking the Talle
substitute and its increase in borrowing
authority for FNMA of $1.5 billion and
reducing that by a quarter of a billion
dollars to $1,250 million, which reduces
the new obligational authority of this
governmental agency by a. quarter of a
billion dollars and gives all of us in sup-
porting this substitute an opportunity to
go on record for economy as opposed to
the $1.5 billion offered in the Talle
,substitute·
I might also say in that connection
that it also has this added virtue, since
the gentleman from California men-
tioned the inflation aspects, that this
wm be a quarter of a billion dollars less
inflationary than the Talle bill insofar
as the overall effect of the bill is con-
cerned. . sumably would be answerable to the
The next amendment is one which we
feel is of very great significance to the
committee and one which we feel should
be preserved in the Talle substitute, and
that is the provison which requires that
the Federal National Mortgage Associa-
tion in its special assistance housing
programs shall purchase mortgages at
their face value or at par, and in that
way operate to help support the mort-
gage market and help to maintain and
sustain the value of Government mort-
gages, in which today Uncle Sam has an
investment of many billions. Today we
have the spectacle o"! Fannie May going
out and discounting its mortgage pur-
chases by 8 to 10 percent, deliberately
by its own procedures depreciating and
depressing the value of the mortgages
which the Government itself holds and
in which it has an interest. This re-
verses the procedure on that and says
that in these purchases in the future
Fannie May shall pay not less than the
face value of the principal amount due
plus the interest on these particular
obligations-.
The next amendment is one which al-
ready has been adopted by the Commit-
tee of the Whole yesterday, having to
do 'With college housing applications. It
advances the date on them to the date
of May 10, 1957. That already has been
decided by the Committee of the Whole,
so in this respect we stay with the deci-
sion of the Committee yesterday.
The final amendment 1 am sure is the
one about which there will be more con-
troversy than any other. That is one
which also has importance and also has
value in this fight against inflation about
which my good friend. the gentleman
from California [Mr. HIESTAND], spoke a
few moments ago. It provides author-
ity that the Housing and Home Finance
Administrator, on the completion of the
mortgage credit study which is author-
ized in the Talle substitute, after consul-
tation with the Federal Housing Com-
missioner, shall fix reasonable limits on
the charges, fees, and discounts imposed
upon the builder, seller. or purchaser in
connection with the financing or con-
struction or sale on that housing covered
by a mortgage insured under the Na-
tional Housing Act whether or not such
charges, fees, and discounts are imposed
in connection with the financing under
such mortgage. Such limitation may
vary in accordance with the terms of
the mortgage involved, the geographical
area in which the housing is located, and
such other pertinent factors as the Ad-
ministrator deems advisable. And it
provides that the lender is required to
certify that no charge, fee, or discount
has been imposed in excess of the limits
fixed pursuant to this section.
That more or less covers the ground
of this substitute. It preserves the im-
portant principles which were outlined
in the committee bill with regard for the
necessity for some action to put some
reasonable restraint upon these exces-
sive discounts. And yet I a.m sure that
the gentlemen on the left here can have
no great objection to the vesting of this
authority in the Housing and Home Fi-
nance Administrator, who is appointed
by the President himself and who pre-
President for any unreasonable discount
limitations which he imposed.
Mr. TALLE. Mr. Chairman, I rise in
opposition to the substitute.
Mr .. Chairman, it was pointed out yes-
terday that the housing field is an ex-
tremely difiicult field in which to legis-
late. It certainly is a field in which
careful work is required. Even at best, it
is :possible to make mistakes no matter
how careful a person may be in his
procedure.
Now let us look at the situation which
prevails at the present time. On the
18th of April I introduced my bill, H. R.
7024. Great care was employed in the
writing of that bill. I had served as
a member of the Subcommittee on Hous-
ing during the many months of the
hearings. I have had a good many
years of service as a member of the Com-
mittee on Banking and Currency and
have dealt witli housing legislation
year after year.
As stated my bill was dropped into the
hopper on the 18th of April. On that
day I aasked for time to state to the
House that I had done so and. in addi-
tion, I filed for the RECORD a brief sec-
tion-by-section analysis of the bill.. I.
6705
pointed out to the Members that they
might like to have a copy of the bill
and a copy of the analysis for discus-
sion with their constituents. during the
Easter recess.
Then upon reconvening following the
recess, on Monday of this week, I filed
with the House for insertion in the Co:N-
GRESSIONAL RECORD a table setting forth
the downpayments in the various pro-
posals which had been made, the cur-
rent downpayments, the payments pro-
posed in the committee bill, and the pay-
ments proposed in my bill. I also ad-
dressed the House and called the atten-
tion of 1'fembers to that table. There-
fore, the greatest of care was employed in
preparing that bill and in making its
contents known to Members. On yes-
terday I made a section by section ex-
planation of the bill to the House. Even
so, it was murmured on the majority side
that the procedure was inadequate.
Let us look at the current situation.
-It reminds me very much of an incident
that occurred in the middle of the past
century. Prof. Amasa Walker was one
of the first professors of economics to
teach that subject in our country. One
day he was asked, "What do you teach.
Professor Walker?" He said, "I teach
economics." The fellow said, "Do you
have to know anything about economics
in order to teach it?" Professor
Walker replied, "No; but it will help you
if you do."
That is the situation here. Why, of
course, we can pass any sort of bill, but
it will help us and it will help the Ameri-
can people if we know something about
the bills we pass.
I have regard for the gentleman from
Oklahoma. But after all, he is serving,
as I see here in this printed list of as-
signments on the Committee on Interior
and Insular Affairs and the Committee
on Public Works. He is not a member
of the Committee on Banking and Cur-
rency. He has in no sense participated
in our hearings or in writing the com-
mittee bill, or in writing my bill. It is
not unfair to say that he is scarcely in
position to propose a bill that the House
of Representatives should look on with
favor. So I say to my colleagues, Mr.
Chairman, that this is a rather sorry
situation. After all the deliberations,
after all the thinking, after all the work
that has been done to prepare good legis-
lation for our consideration, then along
comes a proposal from a colleague who
is not even a member of the committee
that has jurisdiction in the housing field.
I do not have a copy of his bill, nor do I
know of anyone else who has a copy.
Mr. Chairman, is that the way to legis-
late in the House of Representatives of
the United States?
SUBSTITUTE APPROVED
Mr. PATMAN. Mr. Chairman, I move
to strike out the last word.
Mr. Chairman, the gentleman from
Oklahoma is to be commended for pre-
paring this substitute. He consulted
members of the committee in its prepara-
tion. I know of several Members who
were consulted who were working on the
housing bill. He conferred with the
gentleman from Alabama [Mr. RAINS].
and the members of his committee, that ,
670G CONGRESSIONAL RECORD - HOUSE
is, the Members of the majority party,
and the substitute was prepared with the
aid and assistance of the staff of the
majority Members. When he discussed
it with me yesterday afternoon I did not
believe he had a chance, although I
favored his proposal over the Talle
amendment. Now it is realized the
amendment of the gentleman from Okla-
homa has a real good chance of adop-
tion.
Mr. TALLE. Mr. Chairman, will the
gentleman yield?
Mr. PATMAN. I yield to the gentle-
man from Iowa.
Mr. TALLE. May I ask tht gentle-
man if there are printed copies of the
bill available, hearings and reports, the
customary documents that Members re-.
quire for legislating intelligently?
Mr. PATMAN. If that is the require-
ment to deal intelligently with legisla-
tion, to have printed bills, printed hear-
ings, and printed reports then the gen-
tleman has only one-third of that re-
quirement because the gentleman has a
printed bill, but he does not have printed
hearings, and he does not have a printed
report..
Mr. TALLE. My bill was explained
section by section in the RECORD on two
occasions and copies of my bill have been
available since April 18.
Mr. PATMAN. May I discuss that just
briefly. In the report of the committee
on this bill, the Housing Act of 1957, and
I wish the Members would get it if they
do not have it at hand, if they will turn
to page 67, you will find the commence-
ment of the minority views of 12 of the
13 minority members. It is several pages.
In those minority views, there is. only
one subject mentioned. It is against
using the national service life insurance
fund, and they spent all their time argu-
ing against the use of that fund. They
do not say anything about anything else.
That was the only issue. That was on
April 8. Evidently, upon reexamination
of the bill, it was discovered there was.
a provision which would stop these dis-
count practices that are scandalous, and
the minority members are against trying
to stop these discounts. They want to
get something that they would not have
to go on record-probably, I am just
surmising now-at least, that is what I
would do if I were in their position and
I did not want to go on record against
scandalous discounts, and yet I wanted
to vote against the amendment that
would stop discounts-I would have a
substitute that would do both jobs in
one-to eliminate the national service
lif e insurance fund and also the pro·
:Vision that would stop the discounts.
That is what the so-called Talle bill
really does. It does both jobs in one.
Anyone voting for that amendment will
vote for it with the knowledge that one
of the main provisions is that it elimi-
nates the prohibition against these dis-
counts. It is not a direct vote on it, but
it is an indirect vote on it. It is one of
the main things in the amendment.
This amendment offered by the gentle-
man from Oklahoma CMr. EDMONDSON]
is a good amendment. It is a substitute
for the Talle amendment. I think it
should be adopted. It has been carefully
prepared · and well thought out. The
same intelligent thought that was given
to it that was given to the majority bill,
and the same intelligent thought that
was given to Dr. TALLE's bill. I know Dr.
TALLE and the Members who are support-
ing him are sincere in their position. I
do not impugn their motives, but there
is a difference of opinion here. I person-
ally believe that the national service life
insurance func.. should be used. We
should tap that reservoir of credit. I
think it is ridiculous for veterans' or-
ganizations to wire in and say that to
use the national service life insurance
fund for this purpose would be a viola-
tion of the trust. In other words, they
are saying that the bonds that are now
being used in that trust fund are printed
in a size 12 inches by 12 inches, and that
if the bonds to take their place are
printed bonds 8 inches by 8 inches in
size, that would be a violation of the
trust. That is just ho·.v ridiculous it is.
So it is absolutely ridiculous.
It often happens that a good thing that
you want to have considered by the House
is finally brought in. Of course, a point
of order is made and it is claimed it is un-
constitutional. Then it is claimed it is
illegal and that there is no authorization
in law for it. In this case, there is con-
ftict between the 2 committees. To
throw out something that is good for the
country and good for the veterans be-
cause of this conflict is something that I
· do not see at all. The truth is that you
cannot reconcile the differences between
these 2 committees unless you take the
one or the other. When Mr. Burgess
was before the Committee on Veterans'
Affairs afld the committee was seriously
considering putting in the national serv-
ice life-insurance fund amendment, Mr.
Burgess said it is inflationary. Of course,
that caused the Committee on Veterans'
Affairs to say, "Well, we do not want it."
But, the Committee on Banking and Cur-
rency that handles matters relating to
inflation, and relating to our economy as
affected by inflation, were not impressed
by that argument at all. They threw
that argument out on the ground that it
was not valid. Therefore, one committee
that does not deal with inflation says,
"We will knock it out." And the other
committee that deals with inflation says,
"It is not a valid argument." There-
fore, since there are disputes like that.
you will never get a bill in here to allow
us to use or tap that great reservoir of
credit or bring the interest rate down to
4% percent.
They are Government mortgages.
They are Government-guaranteed mort-
gages. They are just as good as Govern-
ment bonds. Certainly they should be
worth 4¥2 percent.
Mr. YOUNGER. Do I understand the
gentleman is proposing to force FNMA to
buy · at par the many hundreds of mil-
lions of dollars of mortgages that have
been made at these scandalous dis-
counts?
Mr. PATMAN. That is for special as-
sistance only. It does not include all
of them.
Mr. YOUNGER. There are plenty of
them that have been made.
Mr. PATMAN. It does not include the
past ones. It includes from now on, and
for special assistance purposes. Poes not.
May 9
the gentleman believe the Government
bonds should sell at par? Does the gen-
tleman not believe we should get 100
cents on the dollar for Government
bonds?
Mr. YOUNGER. Not necessarily.
Mr. PATMAN. Does the gentleman
believe in selling bonds at 89 or 88?
Mr. YOUNGER. That is beside the
question. I am talking about mortgages.
Is the gentleman proposing to force
FNMA to buy mortgages, that were made
at these scandalous discounts, at par?
Mr. PATMAN. No. Let us not confuse
the issue.
Mr. YOUNGER. That is the issue you
have set up.
Mr. PATMAN. No, no. The issue is
that they will buy those in the future at
par under the special assistance provi-
sion only.
Mr. MORANO. Mr. Chairman, will
the gentleman yield?
Mr. PATMAN. I yield.
Mr. MORANO. Is the gentleman op ..
posed to the bill proposed by the com-
mittee?
Mr. PATMAN. Well, this would be a
substitute for the Talle bill.
Mr. MORANO. Does the gentleman
oppose the committee bill now?
Mr. PATMAN. I will cross one bridge
at a time. This is one bridge. I am
certainly in favor of the committee bill
and will support it in preference to the
Talle amendment.
The CHAIRMAN. The time of the
gentleman from Texas CMr. PATMAN]
has expired.
Mr. FISHER. Mr. Chairman, I offer
ap. amendment which I send to the desk.
The Clerk read as follows:
Amendment offered by Mr. FISHER to the
substitute offered by Mr. EDMONDSON: Page
11, in line 12 inser1i "(a)" after "sec. 302."
and after line 18 insert the following:
"(b) Section 106 of such act is further
amended by adding at the end thereof the
following new subsection:
"'(g) No new contract, agreement~ or
other arrangement regarding low-rent hous-
ing provided for under section 305 of the
Housing Act of 1949 shall be entered into,
after the date of the enactment of the Hous-
ing Act of 1957 except with respect to low-
rent housing projects to be undertaken in
a community in which the local governing
body certifies that such low-rent housing
project is needed for the relocation of fami-
lies to be displaced as a result of Federal,
State, or local governmental action in such
community: And provided further, That no
such new contracts, agreements, or other
arrangements shall be entered into, after the
date of the enactment of the Housing Act
of 1957, for additional dwelling units in ex-
cess of the total number of such units which
the Housing and Home Finance Adminis-
trator determines to be needed for the re-
location of families to be displaced as a re-
sult of Federal, State, or local governmental
action in the communities where such units
are to be located.'"
Mr. MULTER. Mr. Chairman, I make
a point of order against the amendment,
that it is not germane to the amend-
ment before the House or the bill before
the House or any part of the bill or the
pending amendment.
The CHAIRMAN. Will the gentleman
specify to the Chair in what manner
the amendment· is not germane?
Mr~ MULTER. The amendment deals
with public housing. There is no public
1957 CONGRESSIONAL RECORD - HOUSE
housing in any part of this bill or in any
part of the amendment to the bill.
The CHAIRMAN. The Chair under•
stands that this amendment is to sec·
tion 106 of the Housing .Act of 1949.
The Chair ruled yesterday, the gentle·
man will "recall, that an amendment to
a particular section may perhaps make
in order another amendment to the sec-
tion.
Mr. MOLTER. Yes, that is quite
right; except that the section to which
the amendment refers is section 106 of
the act. The one that we had before us
yesterday was section 103, and that sec-
tion was in the bill, in the act, and in
the amendment to the amendment.
The CHAIRMAN <Mr. MILLS). The
Chair will agree that the amendment to
the amendment yesterday was offered to
section 106, not 103.
The ruling of the Chair on yesterday-
would apply in this instance. The Chair
therefore overrules the point of order.
The gentleman from Texas is recog-
nized for 5 minutes in support of his
amendment.
Mr. FISHER. Mr ..Chairman~ it would
seem to me that this amendment would
be acceptable to both the opponents. of
public housing and the proponents of
public housing. It does not reduce the
number of units the Congress authorized
the Public Housing Authority to contract
for; it does not afiect the existing 35,000
increment that is now in the law; it does
not reduce by even one unit the 35,000 in-
crement which begins on the first of next
July.
What it does-and it speaks for itself,
of course-is that it makes new public
housing projects in the future, that is,
after July 1, comply with the formula
which has always been used by propo-
nents as a basic justification for these
projects, that is, since the very beginning
of public housing, as you will find by
reading the debates in the past.
It has been maintained that the Con-
gress is -justified in taxing the American
people to provide places for people to
live who. have been dislocated from their
homes as a result of slum clearance, ur-
ban renewal, and other governmental
programs over which these tenants have
no control. It would seem, therefore,.
that this amendment,. since it conforms
with the argument that has always been
advanced by proponents of public hous-
ing as a justification for their position,
should meet with the approval not only
of opponents of public housing but like-
wise of proponents.
This amendment, I remind the Com-
mittee, has a history. It will be recalled
that in 195~ section 401 of the Housing
Act which we approved that year in-
cluded the identical language, word for
word,. which is contained in my amend-
ment offered now.
The debate on that issue in 1954 took
place in this Chamber on April 2 of that
year; and the language contained in my
amendment now before us was. proposed
by the gentleman from New Jersey
[Mr. WIDNALLJ. It was overwhelmingly
approved by the committee.
I have just read the record of the
proceedings that occurred on that occa-
sion and find th.a t particular proposal
was_ then represented ~s b.ell!g in con..
6707.
formity with the President's program District of .Columbia. This is a very ex-
with regard to Federal public housing. pensive proposition, four colors, a work
The gentleman from Illinois [Mr. YATES] of art, that is all at the taxpayers' ex-
sitting here will, I am sure, recall that pense. I think that is some evidence of
that was the case, that it was represented · the fact that we are kind of going too fast
as the President's program at that, time. on this thing, and that it should be
Therefore, Mr. Chairman, my amend- trimmed to the proper pattern so that it
ment which is now being considered sim.. will conform with the basic philosophy
ply reinstates the law as it was, and behind public housing which is the filling
makes it conform to the basis upon which of actual needs that result from these
proponents of public housing have al- dislocations that occur from time to
ways undertaken to justify the policy of time.
public housing: that is, to provide a place As further evidence of the lack of need
for dislocated people who were displaced for so many of the projects, there is a
through causes beyond their control such widespread tendency at this time on the
as slum clearance, urban renewal, urban part of local public-hous.ing projects and
redevelopment and condemnation of their directors all over the country to at-
lands for streets or roads, or for any tract more prosperous people as tenants.
other reason over which they have no That fact was noted by the Appropria·
control. tions Committee in its report on the in-
This amendment does that and, there- dependent ofiices appropriation bill, ·a.
fore, conf 01-ms with the basic philosophy copy of which I hold in my hand. I want
behind this whole concept of public to read one sentence from that report:
housing. Abuses have come to the attention of the
It will be recalled that last year Con- committee by certain local authorities where
gress authorized 70,000 new public hous- families with excessive incomes are permit-
ing units in two increments of 35,000 ted to enjoy subsidized housing.
each. The first increment was authori- No proponent of public housing can
zed for.the current fiscal year. I under- for a moment condone prosperous peo-
stand, however, that only a portion of ple, so-called, living in these places
that authorization has been used. I un- with their rents subsidized by the tax-
derstand that out of 35,0GO authorized, payers of the country. These people
there have been commitments on only should be treated like all the other peo·
40. They say from 7 to 9 thousand tenta- ple and should be forced to seek other
tive applications but actually only 40 out places in which to live as everyone else
of 35,00() have gone through the con- is required to do who helps pay the tax
tracting stage. . bill.
Of course, by a peculiar provision in Then, in addition to that, Mr. Chair·
there, a special proviso we will say, they man, my attention has been called to
have 2 years in which to make the com- another situation, and I give this as one
mitment, not the 1 year that has been exampJ,.e which could be multiplied many
the case in the past. The same will apply times over. I have a clipping here from
to the 35,000 coming up next year. They a newspaper in Pittsburgh which shows
have 2 years instc.ad of the 1 year which that 80 percent of the occupants of a
has ordinarily been the case in the past. public housing uni1l there are employed
Mr. Chairman, the need is more press- in the steel industry, the highest paid
ing right now than ever before for a industrial workers in that area, accord ..
clarification of the law such as is pro- ing to the Bureau of Labor statistics.
vided in this amendment. It has been They get $2.40 an hour and up. I can-
reported that there are thousands of not see that they should have their ren-
public housing units now vacant all over tals subsidized by the taxpayers. Pub-
the country. Expensive advertising is lie housing is not intended to take care
being undertaken in many place in an of people like that. Those steelworkers
attempt to get tenants to fill these va- are still living in that public housing
cancies that are occurring everywhere. project. They did not move. They were
I hold in my hand a full-page adver- not ordered to move, as has been repre-
tisement which not long ago appeared in sented by some. They are there now and
the St. Louis Post-Dispatch. presumably will be there from now on.
The CHAIRMAN. The time of the In fact, the Allegheny County Housing
gentleman from Texas. has expired. Authority met after the steelworkers got
Mr. FISHER. I ask unanimous consent a raise in 1955 and raised the ceiling on
that I be allowed to proceed for 3 addi- the income they could receive and still
tional minutes. live in the subsidized housing units.
The CHAIRMAN. Is there objection That is the record.
to the request of the gentleman from All of this leads to the obvious neces-
Texas? sity for some limitation to be written
There was no objection. into the law, such as is included in the
Mr. FISHER. Mr. Chairman, this ad- amendment now pending before the
vertisement contains large pictures of committee. So, Mr. Chairman, I urge
these various public housing units in St. that the amendment be adopted. As a.
Louis, pleading with people to please. result, we will get along better with this
come and apply for admission to these public housing problem from now on.
projects to fill the vacancies that have And do not forget that every time we pre-
occurred there. vent one of these public housing from
Here in the District of Columbia, to being built we have saved the American
illustrate and to show that we are (}Ver- taxpayers more than $20,000. Those of
doing the thing, they put out a four- you who talk about economy have an op-
color placard advertisement trying to get portunity to do something about 1t right
people to come and apply for admission here. This amendment alone, if adopted
to these housing projects to fill the va.. and kept in the law, will save the tax-
cancies in the public-housing units in the, payers ten o.f _millions of dollars, an~.
6708 CONGRESSIONAL RECORD - HOUSE
make no mistake about that. I know
what it will do.
Mr. SPENCE. Mr. Chairman, I ask
unanimous consent that all debate on
the Edmondson amendment and all
amendments thereto conclude at 3: 30.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Kentucky?
Mr. YATES. Mr. Chairman, I object.
Mr. SPENCE. Mr. Chairman, I move
that all debate on the Edmondson
substitute and all amendments thereto
conclude at 3 :40.
The motion was agreed to.
Mr. YATES. Mr. Chairman, a parli-
amentary inquiry.
The CHAIRMAN. The gentleman will
state it.
Mr. YATES. I want to speak in op-
position to the amendment offered by
the gentleman from Texas, and in addi-
tion to that I have an amendment of my
own which I want to offer. Must I do
both in the 3 minutes accorded to me?
The CHAIRMAN. Without objection,
the Chair will recognize the gentleman
for a minute and a half in Qpposition,
if that is what he wants to do, on this
amendment, and then a minute and a
half later on his amendment.
There was no objection.
The CHAIRMAN. The Chair recog- .
nizes the gentleman from Illinois [Mr.
YATES].
Mr. YATES. Mr. Chairman, it is im-
possible, obviously, to attempt to reply
in the brief time allotted to me, to the
unfortunate amendment offered by the
gentleman from Texas [Mr. FISHER].
This bill, described as a compromise by
the able author of the bill, the gentle-
man from Alabama [Mr. RAINES], is not
adequate to take· care of the housing
needs of those who live in the large ur-
ban communities. It is designed to give
life to a flagging home-building indus- .
try and most of its benefits go toward
construction of small homes. In that
respect, it may offer some advantages
to those who live in the suburbs, but not
to city dwellers. The only feature which
is attractive and offers some semblance
of hope is · that which grants funds to
FNMA for special assistance projects and
requires that agency to purchase them
at par.
There are no additional units of public
housing authorized, the necessity for
slum clearance and urban renewal is
recognized only to a minimum degree,
and the needs of veritable living in com-
munities such as Chicago are almost
passed over.
It had been hoped that the question of
public housing would be taken up in an-
other body where it might receive a more
hospitable reception. Now, to add insult.
to injury, the gentleman from Texas
CMr. FISHER], who is perhaps the ·most·
dedicated opponent of public housing,
suddenly offers an amendment which
reaches into the meager supply of public
housing units already authorized and
establishes additional roadblocks to ful-
fillment of · the program. The gentle-
man has made many statements, most of
which are founded on opinion rather
than fact. The examples of fiagrant ·
abase of the public housing program·
which·he cites, namely, the-full-page ad··
May 9
vertising, the excess income tenants, the decent home and a suitable living environ-
many colored advertising cards, are dis- ment for every American family, thus con-
tinguished by being exceptions rather tributing to the development and redevelop-
ment of communities and to the advance-
than the rule. Is it not a paltry thing ment of the growth, wealth, and security
when the gentleman comes forward and of the Nation.
offers such examples as being represent-
ative of the operation of the public hous- This looks to the provision of housing
ing program, when they are not repre- for all Americans. It contemplates giv-
sentative at all? ihg to the people of urban communities,
I am a member of the Independent destined because of their income to raise
Offices Subcommittee of the Appropria- their children in dilapidated, unhealthy,
tions Committee which first considered un-American slums, the opportunity to
the very material which the gentleman bring their children into the sunshine-
from Texas now waves before the House. of giving every American family the
The newspaper advertisement taken out right to decent living conditions in a
by the St. Louis Public Housing Author- good neighborhood. The amendment
ity is an isolated example. The gentle- offered by the gentleman from Texas
man called attention to this fact before would destroy that objective. It guar-
when the independent offices appropria- antees the provision of housing only to
tions bill was on the floor some months those who can afford to pay. It takes
ago. In the interim he has not been away from those who cannot afford to
able to find another example of any such pay for housing at today's prices, the
abuse. The Public Housing Authority only opportunity they have for decent
has already been cautioned against such living conditions.
expenditures. Private industry will not suffer by this
The gentleman from Texas calls atten- program because private industry cannot
tion to the abuses existing by excess-in- build houses at prices within the grasp of
come tenants as though this were a com- those qualified to live in public housing
mon fault throughout the country. It is projects. This was long ago set forth
true that many public housing tenants by the late Senator Taft in his rationale
enjoy a significant increase in income for filing a bill containing a public-hous-
during their tenure in projects after hav- ing program. Nevertheless, the attacks
ing qualified when they moved in. With still persist.
their income rise they are required to Mr. Chairman, this is a bad amend-
find other housing and for many tenants, ment. I urge the House to vote it down.
particularly those who belong to the mi- The CHAffiMAN. The question is on
nority races, housing is not immediately the Fisher amendment to the Edmond-
found for the asking. There is still . a son substitute.
tremendous shortage of housing at prices The question was taken; and on a divi-
people can afford to pay and pending a . sion (demanded by Mr. FISHER) there
reasonable opportunity to find a place were--ayes 81, noes 59 . .
to move for themselves, the Public Hous- Mr. SPENCE. Mr. Chairman, I de- .
ing Administration requires excess-in- mand tellers.
come tenants to pay a graduated scale Tellers were ordered, and the Chair-
of increases, depending upon their in- man appointed as tellers Mr. FISHER and
come. This point was made very clear Mr.MULTER.
in the debates that took place when the The Committee again divided, and the
independent offices bill was on the floor. tellers reported tha~ there were--ayes
Yet the matter is presented as though it 144, noes 78.
were a significant discovery offered now So the amendment to the substitute
to the House for the first time. was agreed to.
The gentleman speaks of only 40 units The CHAIRMAN. The Chair recog-
having been constructed from the 35,000 nizes the gentleman from Oklahoma
units which have been authorized. I [Mr. MORRIS].
do not know whether this is true, but I Mr. MORRIS. Mr. Chairman, I off er
would not doubt it in view of the many an amendment.
roadblocks that have been placed in the
way of operating the public housing pro- l'he Clerk read as follows:
Amendment offered by Mr. MORRIS to the
gram by its opponents.. Restriction has
followed restriction. Limitation has fol- substitute amendment offered by Mr.
EDMONDSON: On page 9, after line 9, insert
lowed limitation. Each year a program
which has survived one set of obstacles is the following:
"SEC. 111. Title 11 of the National Housing
compelled to reverse itself or to operate Act, as amended, is amended by adding at the
in slow gear until it can work through the end thereof a new section, as follows:
new restrictions that are attached to th.e· "'SEC. 229. (a) Notwithstanding any other
legislation. Is it any wonder that such provision of this title, and in addition to
slow progress is being made in comple- mortgages insured under section 203 or 207,
tion of this necessary program, when the Commissioner may insure and make com-
its opponents reach back to trip it up? mitments to insure any mortgage under this
section which meets, except as hereinafter
Section 2 of the Public Housing Act of
1949 stating the national housing policy, · provided, the eligibility requirements set
forth in such sections: Provided, That no
declares: mortgage shall be insured under this section
The Congress hereby- deGlares that the unless the Secretary of Defense or his des-
general welfare and security of the Nation 1gnee shall have certified to the Commis-
and the health and living standards of its sioner that the housing with respect to which
people require housing production and re- the mortgage is issued is necessary in the in-
lated community development sufficient to . terest of national defense. Such certification
remedy the serious housing shortage, the shall be evidence to the. Commissioner of the
elimination of substandard and other inade- need for such housing and that such project
quate housing through the clearance of or property is an. acceptable risk in place of
slums and blighted areas, and the realiza- any other requirement in this act that the
:tion -as soon as, !easible of _the goal of ,a, project or property mee.t . a r~quirement of.
1957 ' CONGRESSIONAL -RECORD - HOUSE
economic soundness: Provided, That the Sec·
retary or hir deslgnee with the approval of
the Commissioner shall have determined that
adequate housing is not available for person-
nel of the armed services at reasonable rent-
als within reasonable commuting distance
of the installation and that the mortgaged
property will not so far as can reasonably be
foreseen substantially curtail occupancy in
existing housing covered by mortgages in·
sured under this act.
" '(b) Except as otherwise provided herein.
the provisions of this title relating to mort·
gages insured under section 203 or 207, re·
spectively. shall be applicable to mortgages
insured under this section which meet the
eligibility requirements of such sections.
" ' ( c) In the case of any mortgage insured
under this section meeting the eligibility re·
quirements of section 207, the principal obli·
gation of such mortgage shall, notwithstand·
ing the provisions of section 207 ( r,) ( 2) , not
exceed 90 percent of the estimated value of
the property or project when the proposed
improvements are completed.
"'(d) The Commissioner shall require that
each dwelling covered by a mortgage insured
under this section shall be held for rental for
a period of not less than 4 years after the
dwelling is made available for initial occu·
pancy or until advised by the Secretary of.
Defense or his designee that the housing may
be released from such rental conditions.
Priority in sale or rental of dwellings covered
by mortgage insured under this section shall
be required and given to essential military
and permanent personnel of the armed serv·
ices as evidenced by certification issued by
the Secretary of Defense or h:ls designee.' ..
Mr. MORRIS. Mr. Chairman. I do
not see why anyone should be opposed to
this amendment. The amendment is
applicable to the Edmondson substitute
for the Talle amendment or the Talle
amendment or to the bill itself. It does
not in any way affect the general tenor
of the bill. It does not provide for any
new funds whatsoever. It very defi-
nitely has to do with our national-de-
fense needs. It simply provides in sub-
stance that in these isolated military
installations or where they are sur-
rounded by small towns, that if the Sec-
retary of Defense and the Commissioner,
getting together. find that our defense
needs require our boys. servicemen and
those working in the Army camps and so
on to have more decent homes in which
to live, that such homes can be built.
They are for rental purposes, and for not
less than 4 years. They cannot build
them unless they agree to rent them for
at least 4 years.
Mr. RAINS. Mr. Chairman, will the
gentleman yield?
Mr. MORRIS. I yield.
Mr. RAINS. Would the gentleman in-
form us whether his amendment, as he
now offers it, is an amendment to the
Edmondson amendment?
Mr. MORRIS. Yes. It is an amend-
ment to the Edmondson substitute. Of
course, I do not know what is going to
happen to these amendments so I am
going to offer my amendment to every
one of them as they come along, if I can
do so. My amendment will not change
anybody's bill, but it will give us good
legislation.
Mr. RAINS. Does the gentleman have
any opjection to changing the wording
of his amendment down near the bottom,
just before the word "Provided," where
it says, "Such certification shall be evi-
denced by the Commissioner of the need
6709
for such housing/' to read ·"That on such do and we cannot predict the final re-
certification, the Commissioner may con.;. sults that will appear in August.
sider the economic feasibility of the May I refer Members of the House to
housing"? What you are really doing page 9 of the committee report which
is directing the FHA not to have any- shows the Federal National Mortgage
thing to do with this. Association figure of $2,600,000,000. The
Mr. MORRIS. If I agree to that, comparable figure in the President's
would the gentleman agree to go along budget is $1,700,000,000. I refer to the
with mv amendment? language in the report as to the nature
Mr. RAINS. I have no objection to of the obligation involved. I refer to
that part of it, but I think that language page 321 of the President's budget which
ought to be changed. has further reference to this problem.
Mr. MORRIS. Mr. Chairman, I hard- · I refer to page 7 of the 1957 Federal
ly have had time to explain my amend- Budget Midyear Review which was pub-
ment to the committee. The amend- lished on August 28, 1956, by the Bureau
ment is a good one, and I do not see any of the Budget. It will be noted on page 7
reason why it should not be adopted. that for the fiscal year 1957 Congress last
The CHAIRMAN. The question is on year exceeded the President's budget in
the amendment offered by the gentle- new obligational authority in the sum of
man from Oklahoma [Mr. MORRIS] to approximately $2 billion.
the amendment offered by the gentleman To put this whole matter in better
from Oklahoma [Mr. EDMONDSON]. focus, I should like to point out that last
The question was taken; and on a divi- year we cut the President's appropria-
sion (demanded by Mr. MORRIS) there tions budget in the sum of one-quarter
were-ayes 40, noes 81. billion dollars, but through obligational
So the amendment to the amendment authority otherwise we exceeded the
was rejected. President's budget by a very considerable
The CHAIRMAN. The gentleman sum, making the final tally sheet look
from Texas [Mr. MAHON] is recognized. bad from the standpoint of Congress.
Mr. MAHON. Mr. Chairman, I wish We have worked so hard to achieve a
to again raise the question which I reduction in the President's budget this
raised yesterday. The original housing year, I regret to see us sustain such a
bill and these substitutes involve very terrific loss in the passage of this hous-
heavily the battle of the budget. Thus ing bill. I realize that from the stand-
far the House has reduced the Presi- point of actual losses to the taxpayer
dent's appropriation budget by $1,140,· there may be little as a result of our
000,000. We have increased the obliga- proposed action today; but from the
tional authority in another bill already standpoint of the table showing Congres-
passed by $200 million. The committee sional action with respect to new obliga-
bill would increase the President's obli- tional authority of the Government the
gational budget by $900 million. The loss will be clear. When a summation is
Talle substitute would increase it by · made at the end of this Congress .of ac-
about $1.4 billion and the Edmondson tions taken, the tally sheet wm show that
substitute would increase it by about we have exceeded the budget in this ac-
$1.25 billion. The adoption of any tion today by hundreds of millions of
spending version of the housing bill dollars, and the American people will not
would blot out all the savings in the be supplied with the detailed explanation
President's obligational budget which of all the items in the tally sheet.
have been thus far made this year by the I am not arguing against the housing
House of Representatives. bill. I am by no means expert in this
I want to make myself clear. I am field, and I assume that it is necessary to
not saying that this would represent an provide this additional obligational au-
increase in appropriations. In the thority above the President's budget.
original committee bill we have provided However, I feel it my duty, in order to
obligational authority above the Presi-· keep the record straight, to make these
dent's budget in the sum of $900 million. observations to the House of Represent•
There are several ways to create obli- atives.
gational authority. Direct appropria- 'l'he CHAIRMAN. The time of the
tion ca·n be used. Loans like loans gentleman from Texas has expired.
through the REA or other type loans or The Chair recognizes the gentleman
grants or guaranties can be used to from Illinois [Mr. VURSELL].
create obligational authority. All new Mr. VURSELL. Mr. Chairman, I offer
obligational authority does not neces- an amendment, which is at the desk, to
sarily mean an eventual expenditure or the amendment.
loss by the Government, but there must The Clerk read as follows:
be a possibility of such loss or expendi·
ture. Amendment offered by Mr. VURSELL to the
substitute offered by Mr. EDMONDSON: On
It is perfectly clear that when the fis- page 11, line 11, delete "$250,000,000" and
cal year is over and in August, when the subs~itute in lieu thereof "$175,000,000."
President issues his midyear budget
statement, as he did last year, on the Mr. VURSELL. Mr. Chairman, I am
tally sheet with Congress, he will in- offering this amendment for the reason
clude these many obligations of the that if the Talle amendment, or sub-
Government which Congress approves stitute to the committee bill, is approved,
and the statement would show as of this this amendment could not then be of-
date that we made no reductions in the fered~ I am offering it to improve the
President's budget with respect to obli•. Talle substitute now before us.
gational authority. That point cannot I am offering it because in the recent
be challenged, in my judgment, and it hearings before ·the Independent Offices
is worthy of sober consideration. Of Committee, · the Housing and Home
course, Congress has much work yet to Finance Agency gave ·pages of testimony
6710 CONGRESSIONAL RECORD- HOUSE
before our committee in seeking funds to
implement all phases of the Federal
housing program, and offered. pages of
testimony in the interest of urban re-
-0.evelopment and slum clearance, whlch
is one of the most expansive and expen-
.sive Federal programs.
I am offering this amendment because
the people generally, the chambers of
commerce, and business organizations
have been putting pressure upon the
Congress, as never before, to achieve
economy by reducing authorizations and
appropri-ations.
Mr. Chairman, may I repeat, the pur-
pose of my amendment is to reduce the
obligational authority of the Housing
and Home Finance Agency for urban
renewal capital grants from $250 million
for the next fiscal year to $175 million.
Mr. Chairman, now listen to this
breakdown: Since 1949, the Congress has
.authorized $900 million in urban renewal
capital grants. As of March 1, 1957,
i;ome $853,800,000 of this $900 million
has been reserved for 441 locaJ renewal
projects, and 18 demonstration projects.
However, of this $854 mi1lion only about
$261,555 has actually been expended on
completed projects. There is enough
money appropriated now to last 4 years.
Does this indicate that we need to au-
thorize in this bill another $250 million
today? Listen to this; Only $261,555 has
been expended on completed projects,
$253,264,820 has been authorized for
projects in the execution stage, and
$138,163,191 for projects in the final plan~
ning stage. In other words, only $391,-
689,566 of this $900 million has been
i·ather firmly committed, with the bal-
ance of $461,744,385 reserved, but not
committed. A good portion of this $462
million will very probably be recaptured,
as projects fail, of completion, or are
withdrawn for various reasons.
We, therefore, have this situation:
About $462 million not firmly committed
plus $47 million remaining of the $.900
million authorizaiton, and an additional
$100 million available to the President
to use at his discretion for this s·a me
purpose. This gives you a pipeline un-
committed of grants to be handed out to
the cities and municipalities of $609
million. ·
If the Congress were to reject the entire
$250 million in the bill, the Housing Ad-
ministration would still ha\Te about $607
million including the President's fund of
-$100 million for free grants to cities and
municipalities.
Mr. Chairman, now my amendment re-
duces their requests for new authorie;a-
tion by only $75 million of the $250 mil-
lion requested in this bill~ which would
still allow them $175 million in new Qb-
ligational authority.
I want to emphasize, the Appropria-
tions Committee has no contr-0l-0ver this
obligational authority. Once the con-
tracts are executed, there is a contrac-
. tual obligation to spend the money. This
means for several years in the future the
Congress will have to appropriate this
$900 million which has been authorized
during the past 8 years.
This program is essentially an urban
program and this $854 million already
reserved has .been available almost with-
out exception to every metropolitan area
May 9
in the country and many smaller com- might be well for the Congr.ess .t o hold
munities. up new authorizations until the more
. Now, let's keep the picture in focus. than 440 urban renewal projects in more
"The Housing ~dm.inistration now has than 265 communities actually get under
authorized obligational authority to use way. For one thing, the Congress will
$90{) million plus the $100 million fund at not be able to appraise the W{)rth of this
the P..resident's discretion-making a urban Tenewal program until a substan-
total of $1 billion. They use this money tial number of the projects have been
to pay two-thirds of the cost of urban .completed and a substantial portion of
renewal and slum clearance, and the the $900 million alreaidy authorized is
Government will never get any of it back. actually exp·ended.
"I"hese funds are grants-handouts from Recently sev.era1 mayors of large cities
the Federal Treasury. ap~eared before the Committees on
Now, if we give them the $250 million Banking and Currency of the two Houses
requested in the Talle substitute, and in opposition to the reduction of $250
the committee bill, they will have at their million to $175 million for urban renewal
disposal $1,250,000,000. .capital. grants.
I am asking the Congress to put up a The absent element in the pleas of
red-light warning by reducing this vast {hese mayors was the amount of money
amount only $75 million. already available to their cities which
Mr. Chairman, now I want to quote would ·not be aff eeted by this reduction.
from the testimony of the Housing and Here they are :
Home Finance Agency Administr_ator, ll!illion
Albert Cole. · Chicago, 111--------------------------- 76
On March 15, in testifying before the 'Boston~Mass-------------------------- 9
Philadelphia, Fa______________________ 41
.Housing Subcommittee of the House Nashville, Tenn_______________________ 17
Banking and Currency Committee, Mr. New Yorlc · City, N. y _______________ :___ 92
Cole was questioned as to why the ad- New Haven, Conn____________________ 17
ministration had reduced its estimate "Baltimore, Md------------------------- 14
for the next fiscal year from $250 million Wilmington, DeL--------------------- 2
to $175 million. Mr. Cole replied as fol- We ought to heed the rec.ommenda-
lows-page 765 of the hearings on the tions of the administration for this $75
Housing Act of 1957 before the Housing million reduction in these capital grant
Subcommittee of the House Committee authorizations and support my amend-
on Ba nking and Currency: ment.
Mr. COLE. Y:ou ask why, when we ·submit- The CHAIRMAN. The .question is on
ted the budget, we asked for $250 million, the amendment offered by the gentleman.
and then some weeks later we now ask for
$175 million. This is because we have re- fram Illinois [Mr. VURSELL] to the
amendment. ·
€Xamined the budget in the light of the eco-
nomic situation, right .or wrong. We think The question was taken; and en a di-
the pressures on the economy of our country vision .(demanded by Mr. VuRSELL) there
have grown materially since the Middle East were.:_ayes 48, noes 76.
situation arose, and since the need for So the amendment to the amendment
greater military and foreign aid became ap- was rejected.
parent. The CHAffiMAN. The Chair recog ..
We thin"lt that it is important that we sus-
tain a high m~.ttary budget, and a budget for nizes the gentleman from Illinois [Mr..
foreiga aid, and therefore we have felt in YATES].
the Housing Agency, and I think I can say Mr. YATES. Mr. Chairman, I offer
nn tJ1e part of the administratlon, although -an amendment.
I don't speak now for the rest of the admin- The Clerk read as follows:
istration, just as I said a moment ago, I Amendment ottered by Mr. YA'llES to the
.speak for hol:lsing, . we feel that we can, i.SUbstitute offered by Mr. EDMONDSON: Page
and I say this to you, I can, as Administrator, 15, line 7, aftex the word "materials'', insert:
·conscientiously support this budget of $1. 75 "Such study shall be designed and made to
million for new obligational authorities. cover the .residential housing needs of all
This we think will cause us .quite frankly segments of the population, including those
to reexamine some of the new app.lications segments which are unable ·to obtain ade-
which may come before us. We may have to quate or sufficient heusing under established.
-Oecide that perhaps we cannot approve proj- bozne tinancing pr-0grams."
ects of the size and extent that perhaps
might have been presented to us under a Mr. YATES.. Mr. Chairman, this is an
larger program. amendment to that part of the bill which
. On the other hand, we do believe that with provides for a mortgage-credit study.
'$175 mi:llion in new obligational authority The provision is contained in the Ed-
we can go ahead with a progressive and mondson substitute, in the 'Talle bill, and
strong program of slum clear.ance and rede-
velopment. in the original Rains bill. One would
think that there was no need for such
Mr. Chairman, some weeks ago the an amendment-that any studies and
House of Representatives adopted a res- .analyses made of mortgage credit would
olution calling upon the ·President to ad- cover the housing needs of our entire
.vise the Congress as to where the budget population-but, unfortunately, this has
might be cut. This is one item which not been true. There is a tremendous
-the administration has reviewed and has paucity of information regarding credit
concluded that the taxpayers could be facilities offered for the consideration of
spared $75 million in new obligational .minority housing. That is the purpose
authority. of my amendment-to insist that the
With almost $900 million in the pipe- study cover the housing needs of all seg-
line and very little of this actually ex- ments of our population, including mem ..
pended, the _Congress should not feel it bers of minority races .
.necessary to pump money into the pro- It is as necessary in the South as it is
gram at the same rate as it has done in the North. Studies made of families
so _generously duTing the past years. It displaced by slum-clearance projects in-
1957 . CONGRESSIONAL -RECORD -
'dicate that approximately only one-third
qualify for residence in public housing
projects. The remaining two-thirds hav-
ing incomes in excess of qualifying
amounts must find private housing. Un-
fortunately for many of these people,
such housing is not available, not only
because of the high costs today but
because of other restrictions placed in
their way.
It is hoped that this study will lay the
foundation for the increase of additional
insurance for members of minority races
by FHA. To date progress has been
slow-much too slow.- A tremendous
need exists for FHA assistance to mem-
bers of minority races, which, unfortu-
nately, is not being adequately consid-
ered. This amendment could be the first
step in making more credit available to
members of minority races.·
I urge passage of my amendment.
Mr. RAINS. And it does not cost any
extra money.
Mr. YATES. It does not cost any
extra money. It is in the Talle bill, in
the original bill, and in the Edmondson
amendment.
Mr. EDMONDSON. Mr. Chairman,
will the gentleman yield?
Mr. YATES. I yield.
Mr. EDMONDSON. I think the
amendment will help the bill. I will sup-
port the gentleman's amendment.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Illinois to the Edmondson
substitute. -
The amendment to the substitute was
a.greed to.
- The CHAIRMAN. The Chair recog ..
nizes the gentleman from Ohio [Mr.
VANIK] for 3 minutes or less.
Mr. VANIK. Mr. Chairman, I yield
back my time.
The CHAIRMAN. The Chair i·ecog-
nizes the gentleman from California [Mr.
SISK].
Mr. SISK. Mr. Chairman--
Mr. SHUFORD. Mr. Chairman, will
the gentleman yield?
Mr. SISK. I shall be very happy to
yield to my colleague from North Caro-
lina.
Mr. SHUFORD. I appreciate very
much this opportunity to speak to the
House in connection with the Edmond-
son amendment. As chairman of the
Housing Subcommittee of the Veterans'
Affairs Committee I think this amend·
ment meets the objections that we had
to the original bill and to the so-called
'I'alle amendment, and I want to asso-
ciate myself with the gentleman in sup-
porting this amendment. I thank the
gentleman.
Mr. SISK. I thank my colleague from
North Carolina. I took this time simply
to say that very thing, that I am here
to completely endorse the Edmondson
amendment that has been offered. I
think it does the thing all of have been
most desirous of doing. It also elimi-
nates some of the conflicts and contro-
versies that exist over the original bill.
I hope that the Edmondson amendment
will be adopted.
Mr. YATES. Mr. Chairman, will the
gentleman yield?
Mr. SISK. I yield to the gentleman
from Illinois.
HOUSE
Mr;·YATES. I want the gentleman to
know I agree with him completely. The
hope of those who ·come- from the big
cities for adequate housing is ipcluded
in the Edmondson amendment and is
not in the Talle substitute.
Mr. SISK. I thank the gentleman.
.Some are concerned about the amend-
ment that was adopted a little while ago,
·the amendment offered by the gentleman
from Texas. I would like to ask that you
do not oppose the Edmondson substi-
tute because of that amendment. I have
heard some comments to that effect. I
·know this is something that you experi-
ence from time to time. I would rather
have had it voted down, but the other
body is going to operate on this bill and
maybe it can take us off the spot so far
as that particular amendment is con·
cerned.
The CHAIRMAN. The Chair recog-
nizes the gentleman from Illinois [Mr.
O'HARA].
. Mr. O'HARA of Illinois. Mr. Chair-
man, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. O'HARA of nu- nizes the gentleman from New York [Mr.
nots to the substitute offered by Mr. EDMOND• MuLTER].
soN: Amend section 302 to read as follows:
"SEc. 302. Section 106 (f2) of the Housing
Act of 1949 is amended ( 1) by striking out
$2,000 and inserting in lieu thereof $3,000;
and (2) by adding at the end thereof the
following sentence: Such rules and regula-
tions may include provisions authorizing the
payment to individuals, families, and busi-
ness concerns of fixed amounts not to exceed
$100 in the case of an individual or family,
or $3,000 in the case of any business concern
in lieu of the respective reasonable and
necessary moving expenses."
Mr. O'HARA of Illinois. Mr. Chair-
man, if I were able adequately to explain
this amendment I do not believe a single
vote would be cast against it. Briefly,
all it does is to raise from $2,000 to $3,000
the permissible amount that may be paid
in proper cases to a dislocated small-
business tenant and to correct existing
administrative inequities by providing
that whenever justified by the circum-
stances, lump-sum payments may be
made in lieu of moving expenses, exactly
as we are doing in the case of individual
residential tenants.
These small-business men are being
dislocated, not for their own profit or
convenience but to the contrary. It is
part of the rebuilding of our cities that
is going on. Many of them have busi-
nesses that have been established for 20
or more years. In some cases the $2,000
allowance for moving expenses is ruin-
ously inadequate. This amendment
merely provides a remedy in those cases
where it is warranted. I trust that there
is not a Member on either side of the
aisle who would wish to do an injustice
to these small-business tenants that are
being dislocated. When yesterday I
presented the same amendment as an
amendment to the Talle amendment. I
noticed that the vote was largely on
party lines. I trust such will not be the
case today. This is a matter of doing the
decent and honest thing, and I cannot
see any place for a dividing line in the
area of decency and honesty.
I trust the amendment will be accepted
by the author of the pending amendment
and by all members of the committee;
'6711
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Illinois [Mr. O'HARA] to the
· amendment offered by the gentleman
from Oklahoma [Mr. EDMONDSON].
The question was taken; and on a di-
vision (demanded by Mr. O'HARA of Illi-
nois) there were-ayes 52, noes 92.
So the amendment to the amendment
·was rejected.
The CHAIRMAN. The Chair recog-
nizes the gentleman from Louisiana [Mr.
BROOKS].
Mr. BROOKS of Louisiana. Mr.
Chairman, if r may do so in a. parlia-
mentary manner, r would like to yield
to my colleague, the gentleman from
Louisiana [Mr. LoNcL
Th CHAIRMA
do so~ N. The gentleman may
Mr. LONG. Mr. Chairman, I rise in
support of the Edmondson substitute. I
have had some experience with housing
legislation in this Congress, and I think
this is the best thing that has been
offered.
The CHAIRMAN. The Cha.ir recog-
Mr. MULTER. Mr. Chairman, with-
out in any way retracting any of the
many things I said in support of the
original Spence-Rains bili as reported by
the committee, and against the Talle sub-
stitute, I now urge that the Edmondson
substitute for the Talle amendment be
adopted as the best compromise we can
get under the circumstances.
May I indicate to the membership that
the only objection that came from the
Committee on Banking and Currency
when the bill was reported was against
that feature of the bill which dealt ·with
use of the National Service Life Insur-
ance funds. That is now out of the Ed·
mondson substitute. As much as I would
like to see it there, or even a stronger
provisibn. it is not in the Edmondson
substitute.
The Edmondson substitute omits many
other good features of the committee
bill, which, however, were objected to
on the :floor. It contains 1 or 2 items
which could better be omitted.
Nevertheless, it is far superior to the
Talle amendment. That being the best
that can be done under the circum..
stances, the Edmondson substitute
should prevail.
May I also indicate that I do not agree
with my distinguished colleague on the
other side of the aisle who serves on the
Committee on Banking and Currency
with us, that all of the know-how on
housing legislation is vested in the mem-
bers of the Committee on Banking and
Currency. I believe that gentlemen, like
the distinguished Representative from
Oklahoma [Mr. EDMONDSON], can bring
just as good thought and wisdom to bear
on the subject as we can. Sometimes I
think those not quite as wrapped up in
the subject as we are, can do even better.
I am sure that is the case, when judged
by these two amendments.
I urge adoption of the Edmondson
substitute.
The CHAIRMAN. The Chair recog-
nizes the gentleman from Oklahoma [Mr.
EDMONDSON].
~6712 CONGRESSIONAL RECORD - HOUSE
Mr. EDMONDSON. M-r. Chairman, I
.would like to say at the outset that despite
the kind words from the gentleman from
Iowa, I have no great pride of authorship
in this substitute. I am deeply indebted
.t o the members of the Committee on
.Banking and Currency, to the .staff of
the Committee on Banking and Cur-
-rency, and to the members of the House
Committee on Veterans' Affairs for con-
tributions to this legislation. I am also
·indebted to the gentleman from Iowa
·[Mr. TALLE] for a large portion of the
language in it.
If you believe in small downpayments
on low-cost housing for the lower income
families, if you believe in some restraint
authority in law over excessive discounts,
and if you believe it is a good time to
save a quarter of a billion dollaTS by re-
ducing the Talle figure by $250 million,
then I hope you will vote for this sub-
stitute.
Mr. TEAGUE of Texas. Mr. Ct.air-
man, will the gentleman yield?
Mr. EDMONDSON. I yield to the gen-
tleman from Texas.
Mr. TEAGUE of Texas. Mr. Chair-
man, I would like to e:xpress mY appre-
ciation to the gentleman from Oklahoma
'for the. work he has done and I hope that
-his substitute will be adopted.
Mr. EDMONDSON. I thank the gen-
tleman.
Mr. CHRISTOPHER. Mr. Chairman,
will the gentleman yield?
Mr. EDMONDSON. I yield to the gen-
tleman from Missouri.
Mr. CHRISTOPHER. I would like to
say as a member of the Committee on
Veterans' Affairs that I am endorsing the
'Substitute offered by the gentleman from
Oklahoma and I hope it prevails.
_ Mr. SANTANGELO. Mr. Chairman,
-will the gentleman yield?
. Mr. EDMONDSON. I yield to the gen ..
tleman from New York.
. Mr. SANTANGELO. !wish to tell the
_gentleman from Oklahoma that I think
his bill is an intelligent approach to a
problem which is besetting all the vet-
erans and other people who are try.i ng to
build a home, and I shall favor his
amendment with enthusiasm.
Mr. EDMONDSON. I thank the gen..
..tleman.
· Let me say Dne further thing. This
substitute is not perfection by any
means, but I believe it is the best thing
tnat we can achieve on the floor today.
The CHAIRMAN. The Chair recog ..
nizes the gentleman from Kentucky IML
SPENCEJ.
Mr. SPENCE. Mr. Chairman, I am
very anxious to see some satisfactory
housing legislation passed. Legislation
is often the result of compromis~ con-
ciliation, and concession. The Edmond-
son amendment is the result of such
action. It contains many of the de-
sirable provisions of the committee bill.
It has the provision with respect to con-
trol of discounts. It contains the spe ..
cial assistance provisions of the · com-
mittee bill and the requirement that
such mortg.ages shall be purehased at
par. It reduces the amount .av.ailable
for FNMA and reduces the downpay ..
ments on FHA nwrtg.ag.es. · having had under consideration the bi11
I think this is a satisfactory compi-o-
mise: I favor the Edmondson amend-
ment and hope and trust that ft will be
agreed to.
Mr. VANIK. Mr. Chairman, although
this legislation has many shortcomings,
it seems to represent the maximum that
this Congress will consider at this time
on the important problem of housing.
. I cannot overemphasize the need for
housing facilities in the large urban
communities like my city of Cleveland.
·There is a tremendous market for low-
cost private dwelling places and low
rent private and pubUc apartments.
The vacancy rate in my community is
perhaps among the lowest in the Nation.
.At our current rate of growth .and popu-
lation increase we face a severe hous-
ing dilemma.
I regret that I must vigorously oppose
the amendment submitted by the gen-
tleman from Texas, Hon. 0. C. FISHER,
to limit the use ·o f new public housing
facilities to only those persons neces-
sarily relocated by action of the State,
Federal, or local governments. This re-
stricted use of public housing would deny
new public housing to the tr-emendous
numbers -Of famQy units supported en-
tirely or in part by public and private
welfare agencies. It would deny new
housing accommodations to the golden
age couples and the tremendous number
of low-income famines who have no
other possibility of adequate housing.
This amendment would multiply the
critical housing problem with which my
cammunity is faced. It would be cruel;
it would be inhumane.
. If the Fisher amendment is retained
:in this legislation, it will make this
measure unaceeptable for the reason
that i.t would create more housing prob-
lems than it would solve.
The CHAIRMAN. All time has ex-
pired.
The question is on the substl.tute of-
fered by the gentleman from Oklahoma
IMr. EDMONDSON]' as amended, for the
amendment offered by the gentleman
from I-0wa ,[Mr. TALLE].
The question was taken; and the
.Chairman announced that the ayes ap ..
peared to have it.
Mr. TALLE. Mr. Chairman, I ask for
a division .
Mr. MARTIN. .Mr. Chairman, I de-
mand tellers.
Tellers were order.ed and the Chair-
man .appointed as tellers Mr. TALLE and
.Mr. EDMONDSON.
The Committee divided, and the tellers
reported that there were-ayes 172, noes
142.
So the substitute for the Talle amend-
.ment was agreed to. ·
The CHAIRMAN. The question is Oll
the a111endment offered by the gentleman
from Iowa !:Mr. TALLEJ, as amended by
the substitute.
· The amendment, a_,s am.ended, was
.agreed to.
The CHAffiMAN. Under the rule, the
·committee rises.
Accordingly the Committee rose., and
the Speaker having resumed the Chair..
.M r. MILLS, Chairman oi the Committee
of the Whole House on the State of the
Union, reported that that Committee
· (H. R. 6659) to extend and amend laws
'relating to the provision and improve-
May 9
ment of- he>using, to improve the avail-
ability of mortg.age credit, and for other
purposes, pursuant to House Resolution
24'6, he reported the bill back to the
.House with an .amendment .a dopted in
.the Committee of the Whole.
The SPEAKER. Under the ru1e, the
.previous question is ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER. · The question is on
the engrossment and third reading of
the bill.
The bill was ordered to be engrossed
and read a third time and was read the
third time .
The SPEAKER. The question is on
the passage of the bill.
The bill was passed.
A motion to reconsider was laid on
the table.
GENERAL 'LEAVE TO EXTEND
Mr_ SPENCE. Mr. Speaker, I ask
unanimous consent that all Members
·may have 5 legislative days to extend
their remarks on the biil just passed.
The SP.EAKER. Without objection, it
is so ordered.
There was no objection.
Mr. ALBERT: Mr. Speaker, I ask
unanimous .consent to extend my· re-
·marks at tliis point in the RECORD.
The 'SPEAKER. Is ther.e objection to
the request of tbe gentleman from Okla-
homa?
There-was no objection.
. Mr. ALBERT. Mr. Speaker, I take
this time to congratulate my colleague,
the gentleman from Oklahoma, upon
the excellent job he did in working out
a very fine compromise housing bill. I
.am pr.cud that my colleague will have the
distinction and honor of having this bill
bear .his name. .He has done .a splen-
pid job and deserve the commendation
·or tne House and of the people of this
country.
Mr. SHELLEY. Mr. Speaker, aslde
from the national importance of legis-
lation to stimulate the home-building in-
dustry, which .has been discussed at great
length during the debate on H. R. 6.659,
.I want to .stress the critical situation the
construction industry faces in the San
Francisco Bay area r1ght at th1s moment
as a result of the tight-money mar:ket
.and the inability to obtain investment
money . at reasonable interest rates. I
am sure that the San Francisco crisis is
multiplied many times over throughout
the Nation, but I wa:p.t to cite the experi-
ence in my own area on which I have
:Some depressing figures .
A recent San Francisco newspaper
,article gives a graphic picture of the situ-
.ation in its opening paragraph, using a
.figu..re of sp.eech particularly appropriate
to the local area. The article says and
'I quote: "Bay area home building, a
mainstay of the big boom, has begun to
Jook like a tract house hit by an earth-
_quake." I .have been watching the local
home building decline from month to
month for .some time now, and it begins
to look to me as if the recent California
earthquake would ha:ve been a blessing
if it had hit Washington instead and
shaken the administration loose from its
complacent attachment to the disastrous
 1957 CONGRESSIONAL RECORD - HOUSE 6713
tight m0ney, high interest policy which area where private inv-estment money is In 1951 the house oowd be built for $8.96
it deliberately set in motion and which not made available in adequate amounts a square foot. 13y 1954 the price ,had risen
is directly responsible for the predica,- .at the present legal interest rates and .t o $9.27 a square. foot .and las_t ,year it was
1119.99. Today th~ price has taken another
ment home builders and buyers are now without excessive discounts, fees and "big jump; it f.s $W.54 a squal'e foot.
~n. charges. l <io net believe it would be "We're .not building for poorer people,
March in California normally signals necessary to actually use this authority without muoh money to put down on hous-
the beginning of a spring construction to any great extent, since the mere fact .1ng," said a top official of the District Council
boom, even in a bad year. But this year that it was there would, I am convinced, .of Carpenters. "There isn't one tract going
bay areaeontractors started construction prove to the big banking and investment now. You can't get a house for less than
of fewer houses than in any March in the .interests that we mean business. It '$14,000."
past decade, and this is in the face of an would be accepted as evidence that the At the same time, there is no end of
rising production costs in sight. More than
:increasing demand for reasonably priced Congress does not condone nor intend to '31>,UOO northern California construction
housing caused by our heavy population put up with the present administration's workers will find $7.20 more 1n their pay-
increase. According to the Department high interest tight money policies. -checks this week. The rise was won in a
of Labor, ~'the normal spring · upturn in Mr. S11eaker, such a proposal would 5-year contract signed last week by the
the bay area was almost completely ab- .bring back to the FHA and VA money District Council of Laborers and the Asso-
sent.~· As a matter of fact March 1957 markets the funds that are now being cla ted General Con tractors.
building permits were 45 percent under withheld by forcing prospective home Then, too, the carpenters., among the most
skilled and best-paid construction workers,
those issued in the same month in 1956,, 1buyers to bon-ow in the so-called free will r..eeeive another increase in June. It'll
and barely exceeded the February total market where they must pay from 6 to 7 come under a 3--year contract .signed in 1956
which ls a slow winter month. · _percent. It would serve effective notice and, with fringe benefits, will increase their
The result of this is not only to deny on the money lenders and their policy- payroll by about 10 percent.
new homes to ~People who are crying for making friends in the administration "Not many of us are going bankrupt, if
a decent place to live, and to place con- that, although they may be in the saddle any at all," said a spokesman for the con-
tractors, pairticularly :the .smaller oper- in the White House and the Treasury, tractors.
"We just aren't builning. We saved our-
ators with small resources, into a very we will not allow their profiteering to selves only because we all decided to lay
bad position financially, but to cause be saddled -0n the people of this country. 1ow, beginning last fall."
heavy unemployment among construe- Under unanimous consent, I insert the The contractors say the bankers must re-
tion workers at a time when they nor- .:article from the San Francisco Daily lease more mortgage money at lower inter-
mally .expect ta find steady work after News of April 22, to which I have re- est rates, or the economy will begin its
the winter Jayoffs. As an example, of .if erred, in the RECORD following these feared decline. The bankers say they are
approximately 4,200 carpenters in the remarks and submit it fo· .· that purpose: not holding enough deposits to increase
mortgages, that the free market has forced
San Francisco Bay area, almost 25 per.:. BAY AaEA's BooM IN HOME BuILDING NEARING interest rates higher.
cent are out of work. Unemployment in- COLLAPSE lt is now almost impossible to get a GI
surance claims in the area for March (By Stephen Warshaw) loan, although Congress has refused to raise
rose 11 percent over -t he February total Bay area home building, a mainstay of the the 4% percent interest rate. Most conven-
due almost en-ti.rely -to the lack of home 'big boom. has begun to look like a tract tional loans are going for from 6 to 7 per-
buHding. [f we translate that from the bouse hit by an eaTtihqnake. .cent. In addition, as the News pointed out
cold fiigures into lteNns of what it means The 'housing industry has the highest last winter, hidden discounts in mortgages
to individuals and to their families it is unemployment and ls suffering the sharpest raise the price of money far higher.
not a pretty story. What it amounts to declines of any major industry here or across Nationally, the median price of a house
the Nation. has climbed relentlessly from $12,300 in 1954
is that the administration's tight money Primary reason is shortage of mortgage to $13,700 in 1955 to a probable $15,500 in
policy farces a - tighten-tne-belt pol- money; but the bankers and other 'lenders 1957, sa'Y the ana:lysts.
lcy on the man who cannot find work blamed for tight money have begun to snap · The entire cutback has been in the middle
a-t his trade and on his 'Wife and children. i>ack: "It's not our fault. The market for to low income section of tlle market, largely
The bankers aFJ.d investment interests do new housing is crippled anyway. Demand ls supplied by the big builder who is dependent
not complain, but tnen they are getting down." on ~A and VA financing.
fat on high inter-est rates for ev.ery type . Whatever the cause, the question is By contrast, the market for conventionally
of investment and don't have to depend w.hether any economic force is able to put .financed bousi]l}g has held steady. The pro-
Humpty Dumpty together again. The ef- portion of starts for houses over $15,000 ha.a
t>n a weekly pay .envelope f<i>r food and fects of t4e shattered boom in housing have climbed from 27 percent in 1954 to almost
clothing. begun to slow up business generally: 60 percent this year.
I certainly favor the pn)Visions of this Of the 4,200 bay area carpenters, almost Moreover, this State's struggle with its
proposed leg.isla-tion which will liberalize 25 percent are unemployed, according _to Cal-Vet loa-ne--which go for a low 3 percent
down-payment requirements on FHA a.inion officials. interest to California veterans only-proves
loans as a means of stimulating home Their contention is supported by the that demand continues to ride high.
building. I am also in favor of the pro- .California Department of Employment. In February 16,000 veterans were waittng
.Bay area unemployment-insurance claims tor the loans. Now 24,000, more than 11,00Q
visions 'Of the biJ'l which will attempt ta increased by n percent from February to of them in the bay area, are jamming Cal-
limit the outrageous discounts and serv- March, rising to 30,300. The cause of the Vet offices in the seaTch for 1inancing.
ice charges 1enders are new demanding increase,. in a month when employment nor-
in order to boost their interest return far many rises, is the failing housing industry.
above the 5 percent permitted by the law. :said H. W. Stewart, department director. LEGISLATIVE PROGRAM
I am not certain, however, that H. R. ~ Bay area contractors started fewer houses
'6659 as it now stands will "loosen the in March than in any other March of the Mr. MARTIN. Mr. Speaker, I ask
past decade. unanimous consent to address the House
money market sufficiently to provide the The number of building permits slumped
stimulation the home construction in- to 2,261. That was 45 percent less than in tor 1 minute.
dustry needs to bring the annual raite of 1956, and barely 3 percent lligner tllan . in The SPEAKER. Is there objection to
new home building up to the 2 million February, although construction normally the request of the gentleman from Mas-
per year level needed. The present rate rises shaTply when spri;ng arrives. .sachusetts?
of less than 900,000 per year is far from "The normal spring upturn (in the bay - There was no objection.
enough, .and is directly traceable to the area), said the United States Department of Mr. MARTIN. Mr. Speaker, I have
unwilli:ngness of the money lenders to Labor, "was almost comp1etely absent." taken this time to ask the majority lead-
While some builders find themselves un-
invest until they can force interest rates 11ble to build or finance houses at a rate ~r. the gentleman from Massachusetts,
even higher than tney now are. · They high enough to stay in business, they're also far information as to the legislative pro-
are indulging in a form of blackmail and finding it .necessary to choke atr .a large por- gram.
I strongly believe that Congress should tion of the present market; construction Mr. McCORMACK. Mr. Speaker, the
be prepared to take action to break up costs continue to Tise: House will me:et tomorrow, but there will
the -conspiracy. It seems to me that we The bay area council demonstrates this be no legislative business. The r.eason
should consider giving to the Federal through a set of plans it sends out period- for that is the desire on the part of some
ically for bidding. The plans are for a can-
Housing Autnorlty and the Veterans' ventionaJ rus.tic redwood house of 1,920 Members that the House meet -so that
Administration increased authority to square feet. It has three bedrooms and one there will be .a legislative day in connec-
conduct a direct lean program in any bath. · tion with a discharge petition.
CIII-423
6714 CONGRESSIONAL RECORD - HOUSE
Mr. MARTIN. What ls the discharge Compensation rates have been frozen
petition? for several years, while the cost of living
Mr. McCORMACK. I think that is has been edging steadily higher, month
the postal pay raise bill. There is a de- after month.
sire on the part of some Members that These rates were tight to begin with,
a legislative day transpire in connection but they have constricted considerably
with that. But, as I said, there will be since then, due to the shrinkage in the
no business. Members, therefore, can purchasing power of the dollar.
govern themselves accordingly with the One hundred and eighty-one dollars a.
knowledge that there will be no legisla- month is currently paid for total disa-
tive business tomorrow. bility. This is the equivalent of less than
Monday is District Day. There are $45 a week for a man who can do no work.
three bills from the District Committee. Granted that there are not many vet-
There is H. R. 1937, authorization for erans who are totally disabled, what
the construction of a stadium. about those with 60 or 40 or 20-percent
H. R. 6454, amending the schoolteach- disability? Oftentimes, the compensa-
ers' retirement bill. tion they receive is the thin margin by
H. R. 4932, a bill increasing the rate of which they manage to live.
compensation for the director of the Therefore, a reasonable increase in
Metropolitan Police Force Band. service-connected compensation is in
Following the District Day business, order, if we are to fulfill our obligations
there is the bill <H. R. 52) increasing the to them.
rates of compensation for service-con- As any prospects for a decline in the
nected disabilities. That bill was on the cost of living seem remote, at best, it is
program this week, but it is now being incumbent upon us to raise disability
scheduled for Monday. compensation rates to a realistic level to
For Tuesday and the balance of the compensate for the depreciated rates and
week, the program is as follows: the depreciated dependency allowances.
On Tuesday, the Agriculture Depart- The plain truth of the matter is that
ment appropriation bill for 1958. present rates of disability compensation
Thereafter, the bill <H. R. 72) relating are inadequate, and this bill represents
to guardians' gratuities with reference a modest effort to correct the deficiency.
to veterans. I think it would help our perspective to
If a rule is reported out, the bill, H. R. check back through newspaper files and
3658, will be taken up. That is the bill back issues of the CONGRESSIONAL RECORD,
dealing with widow eligibility for Vet- to 1944 or 1952, for example.
erans' Administration benefits. What we said and did then to express
There is the usual reservation, of our gratitude to the veterans, and to
course, that any further program will be implement it by legislation to pay them in
announced later. part for the disabilities they suffered in
Conference reports may be brought up def ending our freedoms, applies with
at any time. equal if not greater force today because
Mr. MARTIN. I thank the gentleman. their disabilities become more burden-
some with the passage of time.
It is also well for us to bear in mind
SERVICE-CONNECTED DISABILITY the hundreds of thousands of young men
COMPENSATION who are becoming veterans each year.
They, too, are concerned with our at-
Mr. LANE. Mr. Speaker, I ask unani- titude toward veterans' problems in gen-
mous consent to extend my remarks at eral.
this poini in the RECORD. Service-connected disability is not a
The SPEAKER. Is there objection to condition that fades away with public
the request of the gentleman from Mas- apathy or is cured by legislative neglect.
sachusetts? It is a fact that must be dealt with in
There was no objection. a forthright and honorable manner.
Mr. LANE. Mr. Speaker, we some- The Veterans' Affairs Committee, after
times overlook the fact that a disabled lengthy and conscientious study of the
veteran lives out the rest of his life under increases in service-connected disability
an economic as well as a physical handi- compensation proposed by H. R. 52, has
cap. He thus has two strikes against favorably reported this bill to the House.
him. As one among many, I shall vote to
Excluding Government employment-- make these increases become efiective
where he is given preference--he is at a and as soon as possible.
disadvantage when competing with able-
bodied veterans and nonveterans for jobs
in private industry. UNITED STATES TREASURY IN A
As .soon as the factory physician-with TRAP
an eye on the insurance rates paid by his The SPEAKER. Under previous order
employer--discovers that the veteran ap- of the House, the gentleman from Texas
plying for a job is disabled, he decides CMr. PATMAN] is recognized for 30 min~
that the veteran is not employable. Al.:. utes.
though, by every practical standard, the Mr. PATMAN. Mr. Speaker, I ask
veteran could easily do the work that he unanimous consent to revise and extend
seeks, the company will not chance it. my remarks and include extraneous
This is a powerful reason, on the other matter.
hand, why the United States Govern.:. The SPEAKER. Is there objection to
ment, in whose defense the veteran in- the request of the gentleman from
curred his disability, should compensate Texas?
him for those disabilities that curtail his There was no objection.
opportunities to get a job or to earn his Mr. PATMAN. Mr. Speaker, I am in-
living. serting herewith an article by Sylvia
May 9
Porter, who writes a daily column entitled
"Your Money's Worth." This particular
article that I am inserting is entitled,
·" Treasury in a Trap." It appeared in
daily newspapers throughout the country
on yesterday. ·
It is pointed out in this article that
the Treasury is not receiving the vital
support of the Federal Reserve System.
This is unfortunate. Our Government
needs the Federal Reserve System more
today than ever before in history. The
Treasury is facing a fiscal crisis. At the
very time the Government needs the
Federal Reserve the most, it is the least
cooperative.
The Federal Reserve Board declared
itself independent of the executive
branch of the Government on March 4,
1951. It in effect declared it would no
longer provide helpful participation in
the Treasury's financing of the public
debt. This was unfortunate.
The Board had been on the alert since
the end of the war trying to decide when
the time was opportune to declare itself
independent of the executive in order
to break the interest rate on the war
debt. The time never seemed to be ripe
until just before March 4, 1951, when
President Truman's difficulties arising
from the conduct of Korean hostilities
had been seized on by an unfriendly
press to undermine his popular support.
At that time it was decided the time was
ripe to declare the Board's independence.
It was believed President Truman would
not, be strong enough to resist it. It was
also well known he was going out of of-
fice, and naturally carried less prestige
and standing as a President by reason of
that fact alone.
President Truman entered a protest
against the proposed action, and after
meeting with the Open Market Commit-
tee, which included the 7 members of the
Federal Reserve Board and 5 Presidents
of the Federal Reserve Banks, he was
given positive and definite assurance on
January 31, 1951, that the Federal Re-
serve System would not let him down and
would not let the Government down.
They promised to continue to support
Government bonds at par.
Mr. Thomas B. McCabe of Phila-
delphia, a member of the Republican
Party, was serving as Chairman of the
Board at that time when the promise was
made. When the Board went ahead
nevertheless and carried out its original
intention of seceding from the Executive,
Chairman Thomas B. McCabe naturally
resigned. There is no evidence, in fact,
there is not the least sign, that Chair-
man McCabe tried to keep the Board
from violating its promise to the Chief
Executive of the Nation.
All of our monetary and high interest
probleins and today's fiscal crisis go back
to that particular action of the Federal
Reserve Open Market Committee and
Federal Reserve Board. That action
gave notice to the world that Govern-
ment bonds would go down and interest
rates would go up and that the Treasury
henceforth would be at the mercy of the
private bankers in control of the money
market.
President Truman appointed the pres-
ent chairman, Mr. William McChesney
Martin, Jr., who was at that time serving
1957 .CONGRESSIONAL RECORD - HOUSE
in the United States Treasury under Sec-
..retary of the Treasury John Snyder. The
President naturally had a right to expect
Chairman Martin to carry out his known,
. expressed, and lnsistent views to hold t~
line on Government bonds, keep them at
par, and keep the wholesale rate of
money, the going interest rates on Gov-
-ernment bonas, 1ow, but Mr. Martin, ap-
po.in.ted by President Truman in this
climate and atmosphere, soon took up
with and became a part of the group that
was determined to start the hard money,
'high interest policy in our country.
Since that time, Chairman Martin has
been one of its most insistent, most ag-
gressive, and most vigorous friends and
supporters.
It is interesting to note that in the cam-
paign of 1956, President Eisenhower,
when asked about the hard money, high
interest controversy, replied that it was
the responsibility of the Federal Reserve
and that the Federal Reserve Board was
an independent body. However, yester-
day at a press conference~ when he was
asked about the possible resignation of
Secretary of the Treasury Humphrey, he
was also asked .about the possibffity that
this would mean a change in monetary
policies, to be specific, the high interest
policy. The President quickly replied to
the effect that the Federal Reserve policy
of hard money and high interest was
his policy and that no .one under him
·would be allowed to changeit.
Miss Porter's article is as follows:
YOUR MONEY'S WORTH
TREASURY IN A TRAP
(By Sylvia Porter)
'.In tate September 1.95~. the Treasury bor-
rowed $4.1 billion from the Nation's banks
.and big corporations. Secretary Humphrey
promised to pay 1 % percent interest on the
1oan and to repay tne note on May 15, 1957.
Today, 1 week before the note runs out,
the Treasury is in no position to pay off
-any loan .of any size, much less oae of $4
billion. On the contrary, the Treasury is
Jn a grinding, relentless money squeeze-the
worst since 1953.
So, Mr. Humphrey is appealing to those
'banks and corporations to extend the
l. 0. u.
He is offering to pay "3 Y2 percent interest
'to any holders of the maturing notes if
they'll extend the I. CJ. U. for only 11 months.
He is offering to pay 3% per.cent interest
'Ito any ·who wm -extend the I. o. U. for 4%
ye ML . in the United States, but more important
Step-up in interest
These rates represent a step-up in inter-
est of .far more than 100 percent in just
these 31 months.
And mind you, these rates are being of-
fered by t'he highest credit risk in the world;
<they aTe on short-''llerm loans on whi-ch de-
fault is, of course, unthinkable; they are
well above the new :rates that Congress has
just reluctantly authorized the Treasury to
pay on savings bonds.
. Nevertheless, when the offer expires at
midnight tonight and Mr. "Humphrey's as-
sistants begin to count the returns, it's a
certainty they'll find a large number of hold-
ers of the maturing notes have said, _ln
.effect:
"Sorry, Uncle Sam, but you can't have our
cash even at these rates and even for only
l1 months. _We want that money for other
purposes." , of their Russian masters.
It's .a certainty, therefore, that the :rreas-
ury will be called upon to pay out . many
hundreds of millions uf dollars in cash on
May 15 to those who h!l-Ve said "No.'' And
6715
it's .a certainty tha.t it ;won't have enough ness, the Russia.ns hav£ attempted to
'llllOney in the cashbox to meet this drain . destroy the national and Political life
Not in a quarter-century has the Treasury of the Rumanian nation-a life made
been in so rough a spot. In recent years, as rich by centuries of tradition. Every
the demand for money has skyrocketed and
interest rates have mounted, the Treasury conceivable outrage has been practiced
has been compelled to take its place ln the upon the Rumanians by their Commu-
line and compete for what it needs. nist occupiers, but the efforts Gf the
The Federal Reserve System no longer Kremlin and its manyb.elpei:s have been
ts protecting the Treasury from the com- a failure because they, the Rumanian
·-petition of the market. people, only await the opportunity to
.It would be' bad enough if all the Treas- overthrow the alien regime which now
ury had to do was extend loans as they controls their affairs, and to rid their
came due. But it's much tougher than
that. For while Congress argues about next country of the Russian troops placed
year's budget, it is ignoring what is hap- there to prop up the alien regime.
pening to spending in this current year. Originally the Russians claimed they
Money is pouring out much faster than needed Red army occupation in Rumania
original Government estimates. Defens.e to protect their communication lines and
spending already is way over what it was lines of supply to Austria. Accordingly,
scheduled to be on this date and that's a the so-called treaty signed in Paris in
direct drain on the Treasury.
Holders of savings bonds are continuing
1947 contained a specific provision
to cash them in on a heavy scale. Every authorizing Russian troops to be in Ru-
month more money is demanded to redeem mania for that purpose and that purpose
bonds than is taken in via new sales of alone. Now that Austria has been re-
bonds and that's a d·ireet drain on the Treas- lieved of all occupation troops and the
ury, too. And as the big periodic loans come Red army has been withdrawn com-
due-such as this May 15 IO U.'s-under in- pletely from Austria, the justification no
vestors also are asking to be paid off.
longer exists for the quartering of Rus-
At this season of the year the Treasury sian troops in Rumania.
ts supposed to be rolling in greenbacks. You
and I have just handed over billions in This raises the question as to what
income txaes. Corporations handed over has been done and can be done by our
'their billions March 15. Government to bring about compliance
Instead, the Treasury has been ln a money with that treaty because we, among
trap most 0f the time this year. And every others, were signers of that treaty. No
time it has had to bol'row at today's his- valid claim can possibly be made for
torically high rates, the Treasury itself has retaining Red army troops in Rumania. ·
helped sweli the budget because these bor- Steps should be taken to force their re-
rowings add tens of millions to the already
staggerlng annual cost of carrying the na- moval. The United Nations should be
tional debt. used as a forum to draw attention to this
Being Treasury Secretary today is no pic- situation. Consideration should be given
nic. And relief is not yet in sight. to the sponsorship of an appropriate
resolution in the General Assembly of
the United Nations calling for the
RUMANIAN INDEPENDENCE DAY removal of all Red army troops from
Rumania.
The SPEAKER. Under previous order
of the House, the gentleman from Ohio There is no doubt in my mind that if
[Mr. FEIGHAN] is recognized for 30 min- the Red army troops can be gotten out
ntes. of Rumania it will not be long before the
Mr. FEI-GHAN. Mr. Speaker, May 10 Rumanian people will be once again in
control of their internal .affairs. The
is Rumanian Independence Day. Many
Members of Congress have, on this occa- Hungarian people demonstrated that an
entire nation; when it rises up against
sion, expressed their hopes for the early
liberation of the Rumanian nation from the Russian occupier, is capable of
the yoke of Russian communism. throwing the Communist regime out of
Through the years Members of Congress office even when the Red army occupies
.have made clear their hopes that Ru- their country. The Rumanian people
mania will ·soon be free to celebrate its would not waiit long to exercise their will
historic independence day not only here .after the Red army departs from their
territory.
even in the homeland. The United States, by supporting such
Rumanian national independence was action, would be making a positive con-
tribution to peace. The continued occu-
destr0-yed by Moscow. During and fol-
lowing World War II the Russian Com- pation of Rumania by the Red army
munists occupied the Rumanian nation. troops constitutes an ever-ready threat
Large numbers of political agents and to world peace. It is therefore in our
economic exploiters· were sent from Rus- best national interests that we work
sia into Rumania for the purpose of es- toward such a goal.
fablishing an alien form of government. The Rumanian people can be confident
that the day is not far off when the Rus-
The true Rumanian leaders were either
exiled or imprisoned and in their stead sian Communist empire will collapse and
.the Russians, as in the days of Genghis
the Russians raised up some insignifi-
cant personalities to positions of control Khan, will be forced to retreat to the
over the Rumanian people. The only borde:r:s of ethnic Russia lf they axe . to
qualifications possessed by these insig- survive as a race. That is what the
nificant people were that they had been future surely holds for the modern-day
trained Jn the intrigues of communism Russian Empire. Let us all hope that
and were willing to carry out the orders da.y will come without delay.
Mr. MACHROWICZ. Mr. Speaker,
It is now some 13 years since the Ru- will the gentleman yield?
manian people were robbed of their na- Mr. .FEIGHAN. I yield.
tional independence by the Russian Com- Mr. MACHROWICZ. The gentleman
munists. During those -years of dark- from Ohio now speaking in the well has,
~716 . CONGRESSIONA~
I know, made a very profound study of
the very tense struggle of the people be-
hind the Iron Curtain for liberation, and
has made a very great contribution here
in Congress through his work in connec·
tion with various special committees.
May I say that I join with him in his
sentiment completely and sincerely trust
that the people of Rumania will soon b~
able to get their full freedom.
PERMISSION TO FILE SEPARATE
VIEWS
Mr. PRICE. Mr. Speaker, I ask
unanimous consent that my colleague,
the gentleman from California [Mr.
HOLIFIELD], may have until midnight to-
night to file separate views to accom-
pany the committee report on the bill
H. R. 7383, the atomic indemnity bill.
The SPEAKER. Is there objection to
the request of the gentleman from Illi-
nois?
There was no objection.
SURVIVORS BENEFITS ACT OF 1956
Mr. WILSON of California. Mr.
Speaker, I ask unanimous consent to ex-
tend my remarks at this point in the
RECORD.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
· f ornia?
There was no objection.
Mr. WILSON of California. Mr.
Speaker, when the Survivors Benefits
Act of 1956 was passed by the Congress,
provision was made for the extension of
social-security credits to members of the
armed services. Two periods of time
were designated for this service, that
period between September 16, 1940, to
July 24, 1947, and the second period be-
tween July 25, 1947, to December 31,
195.0. Any period of time served within
these time periods was susceptible to
credit under the Social Security Act,
with the exception of those people who
used any portion of the period for retire-
ment purposes.
The maximum number of years credit-
able for retirement purposes is 30 years.
Thus, an individual who completed 30
years on, say September 17, 1940, was
deprived of the social-security credits
he might have accumulated during the
balance of the period that he served dur-
ing World War II.
I have today introduced a measure
which will correct this injustice and
which will give a social security wage
credit for such years served during this
period that are not otherwise utilized
for retirement purposes.
GENERAL SUMMARY OF TRINITY
JOINT DEVELOPMENT ADVAN-
TAGES
Mr. UTT. Mr. Speaker, I ask unani·
mous consent to extend my remarks at
this point.
The SPEAKER. Is there objection to
the request of the gentleman from Cali-
fornia?
There was no objection.
Mr . .urr. Mr. Speaker, I have this
day introduced a bill to provide for the
joint development of the waterpowe1· re-
RECORD - HOUSE .
sources of the Trinity River division,
Central Valley project, California, by the
United States and the Pacific Gas &
Electric Co., and herewith submit a gen·
eral summary of Trinity joint develop-
ment advantages.
The Trinity River project was author-
ized for construction by the Secretary of
the Interior by an act of Congress ap-
proved August 12, 1955. The act con-
tains the following provision:
Provided, That the Secretary is authorized
and directed to continue to a conclusion the
engineering studies and negotiations with
any non-Federal agency with respect to pro-
posals to purchase falling water and, not
later than 18 months from the date of enact-
ment of this act, report the results of such
negotiations, including the terms of a pro-
posed agreement, if any, that may be reached,
together with his recommendations thereon,
which agreement, if any, shall not become
effective ·until approved by Congress. ·
In strict adherence to this provision,
the Secretary, through the United States
Bureau of Reclamation, concluded the
studies and negotiated an agreement
with the Pacific Gas & Electric Go. which
provides that the company will build and
pay for the project's powerplants and
related transmission facilities and pay
the Federal Government an average of
$4,600,000 a year for the use of falling
water developed by the project.
On February 12 this year Secretary
Seaton reported this proposed agreement
to the Congress and recommended that
it be approved according to the provi·
sions of the act.
Secretary Seaton and others have
marked plainly the benefits to the Fed-
eral Government and to the taxpayers
which are to be derived from joint de-
velopment ·of the Trinity River project.
These benefits include the foil owing:
First. Joint development will save $56
million of Federal funds in capital out-
lay for construction. It will reduce the
Federal expenditure for the project by a
full 25 percent. The importance of this
cannot be overemphasized at this time
when the Federal budget must be reduced
by all reasonable and prudent means.
Here the Congress is presented an oppor-
tunity to save $56 million without cur-
tailing services to citizens in any way
whatsoever. Indeed, it will be shown
that the greatest good for the greatest
number is best accomplished by joint
- development.
Second. The agreement recommended
by the Secretary of the Interior will bring
to the Federal Treasury $165 million
more net revenue from payments re-
ceived for temporary use of the falling
water than will be realized from all-Fed-
eral development. The payments of
Pacific Gas & Electric Co. for this water
will average about $5.35 per acre-foot
throughout the 50-year life of the con-
tract. That $5.35 per acre-foot com-
pares with $3.50 an acre-foot which San
Joaquin Valley farmers pay for Central
Valley project water.
Secretary Seaton stated in his report
to the Congress that "Substantially more
funds for irrigation and multipurpose
development" will be derived from joint
development of the Trinity. The evi-
dence to support this conclusion cannot
be challenged. · Joint development offers
May 9
a net gain in project revenues of $16!>
million from falling water payments
alone. All-Federal Trinity development
can contribute nothing to the financing
of additional irrigation projects. Actu-
ally, the Secretary found that an all-
Federal Trinity development would re-
quire a subsidy from the Central Valley
project.
Third. Joint development will cause
$145 million in taxes to be paid to Feder-
al, State and local governments during
the 50-year project repayment period.
The Federal Treasury alone would re-
ceive $83 million, almost 1% millions
every year; another 1 % millions would
go annually to State and county govern-
ments for schools, roads and other local
welfare expenditures.
Summarizing these 3 factors, it be'."'
comes apparent that the financial ad-
vantages of joint development are a sav-
ing in capital outlay of $56 million and a
net gain in public benefits of $310 mil-
lion.
It has been claimed that all-Federal
development is essential to serve pref er-
ence power customers residing in central
and northern California. These cus-
tomers constitute only 7 percent of the
power users in this region. Only 7 per-
cent of the populace-which now totals
about 6 million-would derive any bene-
fit whatever from the power that would
be generated at Federal Trinity River
powerhouses. And all the rest of the
taxpayers in the area-and throughout
the Nation-would pay more in taxes so
that this favored few could pay less for
taxfree power.
All the people of this vast region would
benefit from the pawer generated by
these facilities built and operated by the
Pacific Gas & Electric Co. The power
will be marketed with optimum economy
through an interconnected power grid
which is supported by a generating sys-
tem of 4 % million kilowatt capacity. It
will be sold at rates established by the
competent regulatory authority of the
State of California. Indeed, electric
power rates charged by the regulated
utilities of California are fair and rea-
sonable and they compare very favor-
ably with those charged in other areas of
the Nation.
·Thus, joint development of the Trinity
benefits the vast majority, with a Federal
budgetary saving of $56 million and pub-
lic benefits totaling $310 million. All the
taxpayers of the Nation would benefit.
The net gains can be used to help :finance
other needed water developments, or re-
duce the cost of project water, or reduce
taxes, or all three.
Partnership on the Trinity is clearly
in the public interest. Just as clearly,
all-Federal development is not,
COURAGE, DETERMINATION,
AND PATRIOTISM
Mr. HOFFMAN. Mr. Speaker, I ask
unanimous consent to extend my re-
marks at this point in the RECORD and
include several newspaper articles and
other material.
The SPEAKER. Is there objection to
the request of the gentleman from
Michigan?
There was no objection.
1957 CONGRESSIONAL RECORD - HOUSE 6717.
Mr. HOFFMAN. Mr. Speaker, all that body is not a continuing one. It Hence it was that, having one clear
these in surpassing degree former Sen- follows that, upon a :final adjournment,· purpose and objective-the disclosure
ator Joseph R. McCarthy had. those serving in one session have no fur- and banishment of communism from his
Just as charity was said to be the ther legal authority to praise or condemn loved country-he ignored those things
greatest of three cardinal virtues, patri- Members of a previous session. and individuals which to him delayed or
otism was the senator's ruling charac- So the resolution adopted on December hindered his purpose, to banish com-
teristic. 2, 1954, under the subsequent rulings of munism, remove its advocates from offi-
Memory recalls no instance when even the Vice President, are nothing more, cial position in our Government.
the Senator's worst enemy-and they from an official standpoint, than the Just as many another great patriot was
were neither few nor charitable-ques- personal opinions of those who cast their vilified, sought to be crucified at the
tioned his devotion to country. Criti- votes for its adoption; it was but an idle bar of public opinion, he was assailed.
cism from high places never lessened his gesture by a body which had no legal Many of his critics, those who criti·
pursuit of those he deemed to be enemies right to adopt it. cized him when alive; those who still con-
of his country. Joe McCarthy was clear sighted. He tinue their vilifications, are completely
None of his colleagues, while doing saw the danger inherent in communism. lacking in that virtue which they assert
their utmost to silence him, had the His experience in Washington and his he did not possess--charity.
temerity during the long debate to even familiarity with the Government's activi- They cannot overlook, they cannot for·
SU&'gest that he lacked loyalty to h,.is ties gave him to know that there were give, the force with which he sought to
country. Communists· in the policymaking and show them the light. Many resented his
Nor did they "censure" him. That executive departments of his Govern- impatience with their inactivity to a
word was stricken from the resolution ment who threatened its very existence: danger to the Republic which he consid-
adopted by 67 of his colleagues. The Communists in Washington who not only ered imminent.
resolution stated that his conduct was held top official positions in the legisla- Events occurring here in Washington
"contrary to senatorial traditions and is tive and the executive departments, but after his death; .the multitude of people
hereby condemned." A most unusual who were welcomed and were entertained who sought to honor him when dead-
disapproval of one's associates when the in the so-called highest social circles of not only here but in the Wisconsin city
CONGRESSIONAL RECORD is read. the city. near which he was born and grew to
Reading the final debate, which came His deep sincerity and his frankness, manhood, have already demonstrated
on December 2, 1954-CONGRESSIONAL coupled with his determination to com- that he, not those who criticized him, will
RECORD, volume 100, part 12, 83d Con- bat and destroy that destructive in:fiu- long be remembered.
gress, 2d session, pages 16349 to 16393- ence, would not permit him to step aside To me, the one tactical error which
one is somewhat puzzled by the appar- from his course to placate those blind Joe committed was in forgetting that
ently frantic efforts to find words which to the danger, complacently accepting its and armed services, that is, those in high
woul~ express disapproval of the Sen- . existence. command in those services, when occu-
ator's criticism of those who opposed pying positions of trust and honor in
him. or practical effect of denying the majority civilian life, just cannot forget that they
Since that fateful day the Presiding of the Senate in a new Congress the right do not have absolute authority, exclu-
to adopt the rules under which it desires to sive absolute knowledge; cannot realize
Officer of the Senate has decided 1 that proceed is, in the opinion of the Chair, un-
constitutional. It is also the opinion of the that they can be mistaken; that some in
1 The Vice President stated (CONGRESSIONAL
Chair that section 3 of rule 22 in practice has the service can be guilty of wrongdoing.
RECORD,Jan.4,1957,p.178): such an effect. Joe called upon the Army and upon
"Although there is a great volume of writ- "The Chair emphasizes that this is only the Commander in,Chief to stand up and
ten comment and opinion to the effect that his own opinion, because under Senate submit to, and be measured by, stand-
the Senate is a continuing body with con- precedents, a question of constitutionality ards which governed civilians, elected
tinuing rules, as well as some opinion to can only be decided by the Senate itself, and officials. True, the action of which in-
the contrary, the Presiding Officer of the not by the Chair.
Senate has never ruled directly on this ques- "At the beginning of a session in a newly formation was sought was military. But
tion. Since there are no binding precedents, elected Congress, the Senate can indicate its it involved the principles which gov-
we must first turn to the Constitution for will in regard to its rules in one of three erned civilian Hf e.
guidance. ways: The Commander in Chief, the military,
"The constitutional provision under which "First. It can proceed to conduct its busi- as upon rare occasions does the Congress,
only one-third of the Senate membership is ness under the Senate rules which were in clammed up. It refused to give the Sen-
changed by elec~ion in each Congress can effect in the previous Congress and thereby ator information as to whether the al-
only be construed to indicate the intent of indicate by acquiescence that those rules leged Communist activities and affilia-
the framers that the Senate should be a continue in effect. This has. been the prac-
continuing parliamentary body for at least tice in the past. tion of an individual who had been pro-
some purposes. By practice for 167 years the "Second. It can vote negatively when a moted actually existed. '
rules of the Senate have been continued motion is made to adopt new rules and by Taking advantage of that situation,
from one Congress to another. such action indicate approval of the previous the Communists, the leftwingers, and.
"The Constitution also provides that 'each rules. those who disliked the Senator for per-
House may determine the rules of its pro- "Third. It can vote affirmatively to proceed sonal or nther reasons, turned upon him
ceedings.' This constitutional right is lodged with the adoption of new rules. and sought to destroy him.
in the membership of the Senate and it "Turning to the parliamentary situation
may be exercised by a majority of the Senate in which the Senate now find itself, if the Undoubtedly, the pressure brought to
at any time. · When the membership of the motion to table should prevail, a majority bear seriously affected his health, has-
Senate changes, as it does upon the election of the Senate by such action would have in- tened his death at 48.
of each Congress, it is the C~air's opinion dici:i.ted its approval of the previous rules That his true worth was appreciated;
that there can be no question that the ma- of the Senate, and those rules would be that the service which he rendered to his
jority of the new existing membership of binding on the Senate for the remainder of country will be remembered long after
the Senate, under the Constitution, have this Congress unless subsequently changed
the power to determine the rules under which · under those rules. the names of his traducers have been for-
the Senate will proceed. "If, on the other hand, the motion to lay
gotten is indicated by the letters ·and
"The question, therefore, is, 'How can these on the table shall fail, the Senate can pro- editorials which follow, and which are
two constitutional mandates be reconciled?' ceed with the adoption of rules under what- fair samples of the high regard in which
"It is the opinion of the Chair that while ever procedures the majority of the Senate the people hold him.
the rules of the Senate have been continued approves. Permit me to read:
from one Congress to another, the right of . "In summary, until the Senate at the [From the News-Palladium, Benton. Harbor,
a current majority of the Senate at the be- initiation of a new Congress expresses its Mich., of May 4, 1957]
ginning of a new Congress to adopt its own will otherwise, the rules iri effect in the
rules, stemming ·as it does from the Consti- previous C'ongress in the opinion of the Chair A PATRIOT DIES
tution itself, cannot be restricted or limited remain in effect, with the exception that the The death of Wisconsin's Senator Joseph
by rules adopted by a majority of the Senate Senate should not be bound by any provision R. McCarthy at the age of 47 years has re-
in .a previous Congress. in those previous rules which denies the moved from the American political scene
"Any provision of Senate rules adopted in membership of the Senate to exercise its one of the most controversial figures of the
a previous Congress which has the expressed constitutional right to make its own rules."· Nation's history.· -
:6718 CONGRESSIONAL RECORD - HOUSE
Although S~nator McCarthy is. dead, the
debate over the man himself goes on and
will continue until history allots to him his
niche. · campaign ribbons from that skirmish.
We feel that Senator McCarthy will ulti-
mately rank in history as a great American
who, though not without error or fault,
proved himself a patriot in time of national
crisis. He was a man of character who was
bound to be controversial because he was
fearless and never sought the middle of the
road when principles were at stake.
Senator McCarthy was an implacable foe
of communism, in or out of the United States.
He crusaded against infiltration of high
places by Communists and Communist sym-
pathizers. He exposed their intrigue mer-
cilessly. · He drove them out of key positions,
to which they had arrived through con-
spiracy or gullibility.
To the left-wingers and to well-meaning,
patriotic critics, Senator McCarthy repre-
sented an untamed force for true American-
ism. He was either admired or hated. He
was vilified by his enemies. His death was
glad news in Moscow-and elsewhere in
Europe.
Nobody ever fought harder against Com-
munist evil than Senator McCarthy. His
critics cried that while his goal may have
been good, his methods were crude and un-
fair.
"Unfair" ts a strange complaint to come
from Communists and Communist sympa-
thizers. Who has ever heard of Communist
tactics that weren't immoral and loathesome?
The Senate voted a resolution of censure
over Senator McCarthy's tactics in his in-
vestigations as he dug the Reds out from the
bushes in Government agencies. But with-
out his energetic-and even ruthless pursuit
of these termites, the American people would
never know to what extent the Communists
had penetrated American Government.
Senator McCarthy, despite what his de-
tractors have said, say now and will say, was
a fearless champion of American liberty and
security. It was unfortunate that he broke
With the White House, but he was a man
wbo did not know compromise with what
he believed a wrong principle.
It has been said Senator McCarthy's death
may have been hastened by a spirit finally
broken on the rack of hostility and ridicule.
If this is so, his detractors will live to rue
their actions.
[From the St. Joseph Herald-Press, St.
Joseph, Mich., of May 4, 1957]
SENATORIAL STORM ABATES
Death, unexpectedly and early, has stilled
one of the most controversial figures in Amer-
ican politics.
Senator Joseph McCarthy of Wisconsin ts
now referred to in the past tense.
To his friends, McCarthy was the syml:>ol
1n America's fight against communism.
The kindest comment from his enemies
labeled him as a character assassin.
We don't profess to know the full, inside
story, as the saying goes, but will venture
the opinion that as in most cases the truth
lies somewhere between those extremes.
McCarthy defied the customary Congres-
sional rule of thumb that newcomers should
'be seen but not heard for a decent period of
time.
Shortly after his election to the Senate,
he was pitching into the State Department.
He unearthed sufficient evidence and rumors
to put the Department, its Secretary, Dean
Acheson, and the whole Truman administra-
tion under the stigma of being soft on com-
munism.
It was this spadework, along with the
RFC's mink coat and deepfreeze loans and
the Internal Revenue's shakedowns, that paid
handsome dividends for the GOP in the 195a
elections.
Following those elections, McCarthy
switched his fl.re to the Arm~, charging that
May 9
Reds had infiltrated into many of its high lies in the streets. You carried his plague to
level administrative functions. our doors.
Neither side emerged with a surplus of You, too, sought an easy answer. You
smelled news. You did not reason why or
McCarthy's diggings demonstrated, as have why not to print.
other Congressional hearings, how creaky and McCarthy is dead, and still sadomasochism
inefficient the executive departments have lingers incipient in all of us.
grown. In turn the Army showed that the DOUGLAS SAGER.
Senator's methods were indicating pathologi- BETHESDA.
cal twists and turns.
By a 3-to-1 margin in 1955, his colleagues Your editorial had one true statement in it
censured McCarthy. Censure is a formal and that was that God will be the final judge.
disapproval of the methods used by a Member I am in the Navy and 22 years old and
of the legislature in carrying out the func- maybe I don't know much about politics,
tions of his office. It is a step below im- but I think I have a right to express my
peachment which put a legislator's motives opinions.
on trial. For one thing when it comes to be 1udged,
Shorn of his committee privileges and I would much rather be in the shoes of Sena-
standings, McCarthy declined swiftly in in· tor McCarthy than some of the other men
fiuence and the word "McCarthyism," fell we have representing this country.
into less frequent usage. Although 10 million people signed peti-
Death in reality, locked a door that was tions against the censure of Joseph Mc·
almost shut. earthy, the big wheels went ahead with the
Even though his trail blazing wound up in plot because they knew he was getting too
a swamp, McCarthy alerted the Nation to close to the rotten apple in the barrel.
the danger of Commie infiltration and to
another disease that is equally bad. It is Only history will tell the true story and I
the tendency of all administrators, regard· feel sure that when it does, Joseph McCarthy
less of party label, to sweep the dust under will be remembered along with Patrick Henry,
the rug. It's human to conceal mistakes Abraham Lincoln, and other great patriots
whenever possible, but in as large an opera- who had the courage to fight the good fight.
JAMES P. CURRAN.
tion as the. Federal Go_vernment, permitting
ANNAPOLIS, MD.
human nature to go unchecked could be
disastrous.
McCarthy made the country aware of that Your tribute to the late Senator McCarthy
danger. His methods, however poor, should is read and appreciated. There are, however,
be judged sceondarily to the principal o'bjec- one or two small items you forgot to men-
tive. tion, consistent, no doubt, with your well-
known journalistic policy of never printing
anything you don't think your readers ought
[From the Washington Post, Washington, to know.
D. C., of May 9, 1957}
You forgot to mention that, as a result of
Your editorial on May 4 entitled "Joseph the Senator's work, at !east a few people now
R. McCarthy" is undoubtedly the most vi· know that your glorious academic freedom
ciously smug article I had ever read anywhere. really means freedom to teach only the swash
The technique used by your writer is all too from a couple of distinguished brainwashers
familiar; the man fought evil and sought the to which you give three columns on the same
truth. Therefore accuse him of greater evil page with your tribute to the Senator, and
and of ·the big lie, so ·that he might be de- to absolutely censor out anything to the
stroyed because he stepped on too many vul- opposite effect, however distinguished its
nerable toes. sources may be.
In this respect your paper has done a thor- Take a look around, today and tomorrow,
ough job. The man is hounded to his grave, for evidence to show that, as Senator Mc·
yet he must not be permitted to sleep. The earthy never danced to your pipe, most of
true facts must be kept from the public which the ordinary people of the cDuntry aren't
forgets so easily-the true offenders must be dancing to it either.
protected. What a sorry picture, indeed, for You hope, no doubt, to correct this deplor-
an allegedly independent paper in our free able ignorance, with the assistance of dis-
America. tinguished brainwashers at Haverford, Har-
The facts are written large for those who vard, Columbia, and other centers where the
want to read. Look at the record or ask glorious beauties of Marx and Marxism are so
J. Edgar Hoover and ask yourselves. The only thoroughly appreciated.
real applause you get or ever will get are from You ·consistently forget to mention, by the
the uninformed and ·from the very enemies way, that anybody who subscribes to these
who seek to destroy us. noble theories, Communist or not, must be
Aren•t you aware that the socialistic state part passu an advocate for the overthrow of
that you apparently favor and plug for con- the system of American constitutional de·
stantly is not a palatable dish for any think· mocracy, which cannot live in the same
ing American? dimension with Marx's powerful analytic
Apparently you value correct Emily Post achievement.
conduct in a committee hearing above the EDMUND A. GmsoN.
effort to fight and expose the forces that seek WAsmNGTON.
to destroy our Nation. You value a socially
correct Hiss, or a glib Oppenheimer, or a
Ordinarily I am in direct opposition to the
slick Silvermastcr to an honest, hard-hitting opinions expressed in George E. Sokolsky's
Senator who gave his life so that you and I column. But I have just finished reading
might not fall into the easy habit of avoiding with pleasure his beautiful tribute on May 4i
the unpleasantries that the real Communist to Senator McCarthy.
menace and conspiracy present.
I think many people feel as I do-approv·
Is it too much to hope that you will now ing of what Senator McCarthy was trying
pause a moment, give yourselves a bath or to do, but not the way he chose to do it.
intellectual honesty, and return to the true, It pleases me to read such a sincere and
fearless journalism that we have a right to touching tribute to a man who had so many
expect from the leading morning newspaper cruel and unjust statements and actions
of our great Nation's Capital? levied upon him. He was so truthful and
J. R. SMITH. \lndiplomatic that his fellow workers found
.ALEXANDRIA, VA. him uncomfortable and embarrassing to
have around.
Your very excellent· McCarthy editorial ig- Were his blunders this despicable? If only
nores your own culpability. You shouted his men could see the results of their actions
name from the roof tops. ~?U gossiped his before-inste_ad of after they are performed.
 1.957 CONGRESSIONAL RECORD - HOUSE
Thank you, Mr. Sokolsky, for honoring
this unfortunate victim of the unescapable
will of the strong and the mighty.
M. E. POTTER.
WASHINGTON.
I trust that you listened to Fulton Lewis'
eulogy of Senator McCarthy. He expressed
for millions of Senator McCarthy's admirers
what is in our hearts-that he was indeed
"murdered" by slander. • directed . against Senator McCarthy in an
Do you suppose the bleeding hearts will
feel as indignant as they did over the "mur•
der" of Mr. Norman?
MARIE M. GRANT.
PHILADELPHIA.
• fully explained. One is the vicious spread of
I did not especially like your editorial on
the late Senator Joseph McCarthy in Sat-
urday's issue. It rehearsed all of the old
charges against the man, but it failed to
mention his outstanding characteristic.
Joe McCarthy was, in my opinion,' an hon-
est man, strong in conviction, strong in his
love of America and A..nerican institutions,
strong in his fight against all enemies of
America within our country.
He was a man of Irish descent, and a
Roman Catholic, who had been trained from
his earliest days to fight for what he thought
was good, according to his training. His
church had exercised a strong discipline over
him all of his life. That he was rough in
his anger and his fight to preserve America
is evident. I believe he should have com-
plete credit for his honesty.
As I turned to the next page, I read the
piece by George Sokolsky, and what I read
I liked much. It took some of the taste
of the editorial away.
CHARLES COULTER.
WASHINGTON.
I have been a subscriber of the Washing-
ton Post and Times Herald, daily and Sun-
day, for the better part of 10 years.
Nothing that you can say can excuse you
for printing the Drew Pearson column of
May 6, Walking Alone Killed McCarthy.
I am not nor have I been a McCarthy
backer but there is a limit, I think, to what
people have to take and you should be
ashamed.
T. H. MULLEN.
ALEXANDRIA, VA.
[From the Washington Evening Star, Wash-
ington, D. C., of May 6, 1957}
(By David Lawrence)
A LEGACY FROM MCCARTHY-SENATOR LEFT
CONTROVERSIAL ISSUES IT MAY REQUIRE
YEARS To RESOLVE
Senator Joseph R. McCarthy is gone, but
he has left behind a legacy of controversial
issues that it may take years to resolve.
The Wisconsin Senator was a relentless
fighter for what be believed to be right. He
might have won the censure battle in the
Senate in 1954 if, while under severe strain
during the proceedings, he had not tactlessly
antagonized many Senators who were dis-
posed to be objective about the issue.
For the Senate was dealing with a delicate
question, the right of free speech in Con-
gr ess uninhibited by threats of punishment.
Never in the history of the Senate had any
Member been censured for expressing his
opinions, no matter how distasteful or un-
popular they were. The Senate finally
abandoned the word censure, with its his-
torical connotation of punishment and sub-
stituted the milder word condemn. Even so,
the Senate resolution set a bad precedent of
interference with free speech. For to con-
demn a man because of the opinions he ex-
presses is what has been called "McCarthyism
at its worst." · fidential communications from Senate com-
If ever a man was hounded to death be-
cause of his beliefs, it was Senator McCarthy.
His health was impaired by the strain and
tension arising out of the tactics and meth·
ods of his enemies. They g~nged up on him
from the days when they saw he was making
~eadway with his crusade against com-
munism in Government. The Communist
newspaper, the Daily Worker, in New York,
Was the first to give persistent publicity to
the word "McCarthyism."
There was no limit to the innuendoes,
baseless charges and whispering campaigns
effort to discredit him. For it was assumed
by many of his opponents that, if McCarthy,
the man, were discredited, the whole drive
against Communists in the Government
would collapse.
Some strange chapters remain yet to be
rumors that Senator McCarthy had cheated
on his Federal income-tax returns, though it
turned out in the end that the Treasury De-
partment owed him money and sent him a
refund check for overpayment of his taxes.
Yet before the Internal Revenue Bureau
could complete its investigation, the cam-
paign to maneuver McCarthy into a public
hearing in which his enemies would have a
chance to impugn his honesty was partici-
pated in by a Senate subcommittee consist-
ing mostly of his opponents. Although Mc-
Carthy was reelected Senator by the people
of Wisconsin in November 1952 after his re-
fusal to testify before that same committee,
his opponents in 1954 nevertheless used that
refusal, which had occurred in a previous
term of office, as a basis for the start of
censure proceedings.
Another episode, still unexplained, is the
case of Paul H. Hughes, who posed as a mem-
ber of McCarthy's staff and over a period of
several months, colle~ted big sums of money
from various sources high up among the so~
called liberals with the promise o:f' revelations
derogatory to McCarthy personally. At any
moment during that long period, the fact
that Hughes was not an employee of any
Congressional committee could have been
established through the careful inquiries of
an alert newspaperman. But the record in
the perjury case that followed in the courts
reveals a paradoxical example of McCarthy-
ism in reverse. So is the current persecution
of Scott McLeod, once a close friend of Mc-
Carthy and a stalwart fighter against com-
munism in the Government, who has been
nominated by President Eisenhower to be
Ambassador to Ireland. Vice President Nixon
has also been a victim of the same kind of
tactics by the so-called liberal.s, who in 1952
spread false accusations about him.
Senator McCarthy made many errors in
judgment, sometimes lost his temper, and at
times ignored the counsel of his best friends.
He didn't, however, mind fair criticism. This
correspondent in his dispatches at the time
expressed strong disapproval of the Wiscon-
sin Senator's attacks on General Marshall
and of the ill-mannered treatment given
General Zwicker at a committee hearing, and
denounced McCarthy's break with President
Eisenhower as a grave blunder. Looking
back at all aspects of the tragic controversy,
however, this writer remains convinced that
it was most important to the cause of true
liberalism in America to defend the right of
a Senator to express himself freely rather
than to see him deprived of that privilege by
the coercive action of those who disagreed
with his views. Principle is too often disre-
garded under the stress of emotion, inside
as well as outside of legislative bodies.
Senator McCarthy's great contribution, of
course, was to dramatize the necessity for a
vigorous battle against Communist infiltra-
tion. The record shows a sad neglect by the
State Department in the 1940's of the in-
trigue carried on there. This was repeatedly
called to the Department's attention in con-
mittees and in FBI reports long before the
Wisconsin Senator in 1950 brought the fight
out into the open.
6719
Incidentally, even after death, they still
vilify McCarthy in Great Britain. Yet, had
there been in the British Parliament only a.
fraction of the alertness which was gen-
erated by the Wisconsin Senator's crusade
here, the treason of Burgess and MacLean
and the transmission of atomic secrets to
the Soviets by Klaus Fuchs-who had been
cleared for work in an American laboratory
by •British officials-might never have oc-
curred. Indeed, the whole history of the
cold war, with its costly budgets, might then
have been different.
Time, of course, changes many things. It
sometimes makes ·martyrs out of men who
were pilloried during their lifetime. The
elder Robert La Follette, Senator from Wis-
consin, also refused to testify before a Sen-
ate committee. He was being investigated be-
cause of public speeches-regarded by many
people as traitorous-which he made while
America was engaged in World War I. The
two houses of the Wisconsin Legislature-
controlled by his own party-formally called
on the United States Senate to expel him.
But the Senate took no action. Only last
week, the elder La Follete was selected by a
Senate committee to be 1 of the 5 in the
Senate's Hall of Fame. The lapse of time
seems to furnish a different perspective on
the record of Wisconsin Senators and maybe,
many years hence, history will repeat itself.
Radio Moscow's tribute to Senator Mc-
Carthy is to denounce him as responsible for
the preparation of new military ventures
by the United States. To have helped alert
America to the menace of communism is to
have earned Moscow's hatred-which is t.he
most eloquent epitaph that could be written
for Joe McCarthy.
POLITICAL MANEUVER
(By George Sokolsky)
Much has been written and said about
Senator Joe McCarthy during the last sev-
eral days while he lay dying and when he
finally went to his Maker.
I knew Joe intimately and favorably.
No matter how men may differ about him,
I always knew that Joe McCarthy had no
interest other than the welfare of his coun-
try. He believed that all Communists had
to be traitors and he set out to find them.
He was successful in some measure, but he
also suffered from a sense of failure because
he knew that agencies of government and
high officials protected men and women
whom they should have despised.
He sought for motives and often reached
the conclusion that many men were fearful
that their own mistakes would be exposed;
be felt that fear and vanity rather than
ideological positions played a great part in
determining men's attitudes toward him
and his work.
We often discussed the brutaLforce of the
opposition to him and this he never under-
stood, because he could not believe that
some of his opponents wanted to protect
Communists. He never understood the
Army fight upon him because he held that it
was the Army's first duty to protect this
country from Communists and traitors. I
was present at the luncheon in New York
when McCarthy, Secretary of the Army
Stevens and his counsel, John Adams,
lunched and cavorted throughout an after-
noon.
What came out at the McCarthy-Army
hearings was never the whole story nor had
the various versions of the Cohn-Schine epi-
sodes anything to do with the situation at
all. And I can say, from first-hand knowl-
edge, that Bob Stevens had little or noth-
ing to do with the effort to destroy Mc-
Carthy.
This was a political maneuver to eliminate
McCarthy's importance, to kill his influence
as an American citizen, to make his name
abhorrent, and to frighten off any Senator,
.6720 CONGRESSIONAL RECORD - HOUSE
journalist, or radio commentator who chose
to support him or his cause. So far as Joe
McCarthy was concerned, the maneuver sue ..
~eeded to a. startling degree.
Those who engaged in it-and their names
came out during the heartngs--knew Joe's
characteristics; they knew he was gentle and
aggressive; rough in the fight and forgiving
immediately afterward; humble in his heart
but giving the impression of cantankerotts..
ness. They also knew that while he appeared
to be hale and even physically powerful, he
was not a. strong man, suffering physical
pain, sometimes so much pain that he had
to give way to it.
They knew all his weaknesses, for some of
them had, since he came to the Senate, acted
as though they were his close personal
friends. They left him bitter, disillusioned,
hurt. He was hounded to death by those who
would not forget and could not forgive. He
was a lonely man among his associates and
he often wondered who were his friends.
He and his Jeannie adopted a. little girl
and that brought Joe a happiness which he
had not ever known before. There can be
no question that he regarded the 1958 elec ..
tion as a problem because he realized the
forces that would be pitted against him. He
believed he would win that election and he
said that he did not fear his opponent, Wal-
ter Ko.hler. He recognized though he would
have to take on the entire Eisenhower admin·
istration. the modern Republicans, the Com-
mittee for an Effective Congress, the money
that would be raised against him in New
York by the mysterious Arthur Goldsmith.
the Communists, their fellow travelers, and
dupes. It meant a fight-a terrific fight anti
his health was ebbing.
It is said that you can only really know
a man if you live with him. I did not live
with Joe under one roof, but there were times
when we saw much of each other and when
I was intimately concerned with his effort to
drive the Communists from American life.
As an American, as a Jew, as an anti-Com-
munist, I can proudly say that Joe McCarthy
was my friend and that I have never encoun-
tered an opponent of his who equaled him in
patriotism and courage. God bless his soul
and forgive those who sent him to his death.
LEAVE OF ABSENCE
By unanimous consent, leave of ab·
scence was granted as follows:
Mr. ANDERSON of Montana, for May 14
to 18, inclusive, on account of Reserve
military duty under orders.
Mr. FALLON Cat the request of Mr.
ALBERT), for 5 days, on account of official
business.
SPECIAL ORDERS GRANTED
By unanimous consent, permission to
address the House, fallowing the legisla-
tive program and any special orders
heretofore entered, was granted to:
Mr. HARRISON of Virginia, for 45 min ..
utes. on Monday next.
Mr. FEIGHAN, for 30 minutes today,
and to revise and extend his remarks.
Mrs. RoGERS of Massachusetts, for 5
minutes, today.
Mr. PATMAN, on tomorrow, for 30 min ..
utes, and to revise and extend his re ..
marks and include extraneous matter.
EXTENSION OF REMARKS
By unanimous consent, permission to
extend remarks in the CONGRESSIONAL
RECORD, or to revise and extend remarks,
was granted to:
Mr. HARRISON of Virginia in two in·
stances and to include extraneous mat-
ter.
Mr. PATTERSON and to include extrane ..
ous matter.
Mr. SMITH of Wisconsin and to include
extraneous matter.
Mr. MORANO and to include an edito ..
rial and an article.
Mr. D1xoN in two instances and to in-
clude extraneous matter.
Mr. LANHAM.
Mr, ZABLOCKI.
, Mr. YATES, the remarks he made in
Committee of the Whole, and include
extraneous matter.
Mr. TOLLEFSON and include extraneous
matter.
Mr. CHAMBERLAIN and include the re-
sults of a questionnaire circulated in his
district.
Mr.DOYLE.
Mr. HAYS of Ohio.
Mr. HOSMER and include extraneous
matter.
Mr. FLOOD (at the request of Mr. AL ..
BERT) and include extraneous matter.
Mr. BYRD and include a speech made
by his colleague, Mr. BAILEY, of West
Virginia.
SENATE BILLS AND CONCURRENT
RESOLUTIONS REFERRED
Bills and a concurrent resolution of the
Senate of the following titles were taken
from the Speaker's table and, under the
rule, referred as follows:
S. 45. An act to authorize the Secretary of
Agriculture .to sell to the village of Central.
state of New Mexico, certain lands adminis-
tered by him formerly part of the Fort Bay-
ard Military Reservation, New Mexico; to the
Committee on Agriculture.
S. 147. An act for the relief of Guido Wil-
liam Grambergs; to the Committee on the
Judiciary.
S. 239. An act for the relief of Maria 1 arisi;
to the Committee on the Judiciary.
S. 256. An act for the relief of Aristea
Vitogaines; to the Committee on the Judi-
ciary.
S. 307. An act for the relief of Noemi Maria
Vida Williams and Maris Loretta Vida; to the
Committee on the Judiciary.
S. 308. An act for the relief of Maria Cac-
camo; to the Committee on the Judiciary.
S. 334. An act to amend sction 27 of the
Mineral Leasing Act of February 25, 1920, as
amended (30 U. S. C., 184), in order to pro-
mote the development of phosphate on the
public domain; to the Committee on Interior
and Insular Affairs.
S. 359. An act to permit desert land entries
on disconnected tracts of lands which, in
the case of any one entryman, form a com-
pact unit and do not exceed in the aggregate
320 acres; to the Committee on Interior and
Insular Affairs.
S. 405. An act to require the Bureau of the
Census to develop farm-income data by eco-
nomic class of farm; to the Committee on
Post Office and Civil Service.
S. 463. An act for the relief of Pedro Ampo;
to the Committee on the Judiciary.
S. 465. An act for the relief of Maria Con-
cetta Di Turi; to the Committee on the Judi·
clary.
S. 470. An act for the relief of Livia Senni;
to the Committee on the Judiciary.
S. 616. An act for the relief of Blanca G.
Hadalgo; to the Committee on the Judiciary.
May 9
S. 622. :An act for the relief of Georgina.
Mercedes Llera; to the Committ.e e on the
Judiciary.
s. 623. An act for the relief of Donini Mau-
rizic Donato; to the Committee on the Judi-
ciary. .
S. 629. An act for the relief of John
Eicherl; to the pommittee on the Judiciary~
S. 641. An act for the relle:r of Elvira A.
Eicher!; to the Committee on the Judiciary.
S. 650. An act for the relief of Isabella
Abrahams; to the Committee on the Judi-
ciary.
S. 653. An act for the relief of Mrs. Elsbe
Hermine van Dam Hurst; to the Committee
on the Judiciary.
S. 692. An 6J.Ct to provide that the United
&tates hold in trust for the Indians entitled
to the use thereof the lands described in the
executive order of December 16, 1882, and
for adjudicating the conflicting claims there-
to of the Navaho and Hopi Indians, and for
other purposes; to the Committee on In-
terior and Insular Affairs.
s. 710. An act for the relief of Sui-an Fung
and Shu-nung Wu Fung; to the Committee
on the Judiciary.
S. 730. An act for the relief of Shao Fong
Sha; to the Committee on the Judiciary.
S. 756. An act for the relief of Giuseppe
Sciortino; to the Committee on the Judiciary.
S. 767. An act for the relief of Christo Pan
Lycouras Mauroyenis (Maurogenis); to the
Committee on the Judiciary.
S. 804. An act for the relief of Georgios D.
Christopoulos; to the Committee on the
Judiciary.
S. 874. An act for the relief of Cornelia
Vander Hoek; to the Committee on the
Judiciary.
S. 891. An act for the relief of Dr. Cheung
Nung Huang; to the Committee on the Judi-
ciary.
S. 1008. An act for the relief of Colonel
Benjamin Axelroad; to the Committee on
the Judiciary.
S.1063. An act vestlng in the American
Battle Monuments Commission the care and
maintenance of the Surrender Tree site in
Santiago, Cuba; to the Committee on Foreign
Affairs.
S. 1206. An act for the relief of Antoine
Veneman; to the Committee on the Judi-
ciary.
S. 1274. An act to amend the act of March
3, 1911 (36 Stat. 1077}. to remove restrictions
on the use of a portion of the Springfield
Confederate Cemetery, Springfield, Mo., and
for other purposes; to the Committee on
Interior and Insular Affairs.
S. 1319. An act to renounce any right, title,
and interest which the United States may
have in certain lands in Montana; to the
Committee on Interior and Insular Affairs.
S. 1352. An act to provide for the con-
veyance of certain real property of the United
States to the Fairview Cemetery Association,
Inc., Wahpeton, N. Dak.; to the Committee on
Interior and Insular Affairs.
S. 1396. An act to amend section 6 of the
act approved July 10, 1890 (26 Stat. 222),
relating to the admission into the Union of
the State of Wyoming by providing for the
use of public lands granted to said State for
for the purpose of construction, reconstruc-
t ion, repair, renovation, furnishing, equip-
ment, or other permanent improvement of
public buildings at the capital of said State;
to the Committee on Interior and Insular
Affairs.
S. 1492. An act increasing penalties for
".iolation of certain safety and other statutes
administered by the Interstate Commerce
Commission; to the Committee on Interstate
and Foreign Commerce.
S. 1568.. An act to direct the Secretary of
the Interior to convey certain public lands in
the State of Nevada to the Colorado River
Commission of Nevada acting for the State of
Nevada; to the Committee on Interior and
Insular Affairs.
1957 . CONGRESSIONAL RECORD-. HOUSE
S. 1574. An act to provide for the disposal
of certain Federal property in the Coulee
Dam and Grand Coulee areas, to provide as·
sistance in the establishment of a municipal·
ity incorporated under t~e laws of Washing·
ton, and for other purposes; to the Com·
mittee on Interior and Insular Affairs.
s. Con. Res. 22. Concurrent resolution to
print for the use of the Senate Committee
on the Judiciary additional copies of the "In·
ternal Security Annual Report for 1956"~ to
the Committee on House Administration.
ENROLLED BILLS SIGNED
Mr. BURLESON, from the Committee
on House Administration, reported that
that committee had examined and found
truly enrolled bills and a joint resolution
of the House of the following titles, which
were thereupon signed by the Speaker:
H. R. 676. An act to authorize the city of
Rock Hill, S. C., to acquire certain tribal
lands on the Catawba Indian Reservation,
S. C.;
H. R. 1544. An act to provide for the con-
veyance of certain real property of the United
States situated in Cobb County, Ga., to the
trustees of the Methodist Church, Acworth,
Ga.;
H. R. 1757. An act for the relief of Nicola
Marcello;
H. R. 2401. An act to provide for the recon-
veyance of certain land to the city of Spear-
fish, S. Dak.;
H. R. 2723. An act for the relief of Shigeko
Kimura and her minor child; and
H.J. Res. 287. Joint resolution permitting
the Secretary of the Interior to continue to
deliver water to lands in the Heart Mountain
division, Shoshone Federal reclamation
project, Wyoming.
SENATE ENROLLED BILL SIGNED
The SPEAKER announced his signa-
ture to an enrolled bill of the Senate of
the following title:
S. 1442. An act to facilitate the regulation,
control, and eradication of plant pests.
BILLS PRESENTED TO THE
PRESIDENT
Mr. BURLESON, from the Committee
on House Administration, reported that
that committee did on this day present
to the President, for his approval, bills
of the House of the following titles:
H. R. 4803. An act to permit articles im-
ported from foreign countries for the pur-
pose of exhibition at the Chicagoland Com-
merce and Industry Exposition, to be held at
Chicago, Ill., to be admitted without pay-
ment of tariff, and for other purposes; and
H. R. 6304. An act to extend for a period of
2 years the privilege of free importation of
gifts from members of the Armed Forces of
the United States on duty abroad.
ADJOURNMENT
Mr. ALBERT. Mr. Speaker, I move
that the House do now adjourn.
The motion was agreed to; according-
ly <at 4 o'clock and 6 minutes p. m.>,
the House adjourned until tomorrow,
Friday, May 10, 1957, at 12 o'clock noon.
EXECUTIVE COMMUNICATIONS,
ETC.
Under clause 2 of rule XXIV, execu-
tive communications were taken from
. 6721
the Speaker's table and referred as fol- . of the Wllole House on the State of the
fows: Union.
Mr. PRICE: Joint Committee on Atomic
835. A letter from the Assistant Secretary Energy. H. R. 7383. A biU to amend the
of Agriculture, transmitting a. report for the Atomic Energy Act of 1954, as amended, and
month of April relating to the cooperative !or other purposes; without amendment
program of the United States with Mexico (Rept. No. 435). Referred to the Committee
for the control and the eradication of foot- of the Whole House on the State of the
and-mouth disease, pursuant to Public Law Union.
8, 80th Congress; to the Committee on Agri·
culture.
836. A letter from t;ie Acting Secretary of . REPORTS OF COMMITTEES ON PRI-
the Navy, transmitting a draft of proposed VATE BILLS AND RESOLUTIONS
legislation entitled "A bill to permit a re-
tired officer of the Navy to be employed in Under clause 2 of rule XIII, reports of
a command status at Port Lyautey, Mo- committees were delivered to the Clerk
rocco"; to the Committee on Armed Serv· for printing and reference to the proper
ices. calendar, as follows:
837. A letter from the Acting Secretary Mr. WALTER: Committee on the Judi-
of State, transmitting a draft of proposed ciary. S. 51. An act for the relief of Mary
legislation entitled "A bill to amend the act Barme and her two minor children Steran
providing for membership and participation Barme and Dinah Barme; without amend-
by the United States in the United Nations ment (Rept. No. 402). Referred to the
Educational, Scientific, and Cultural Organ- Committee of the Whole House.
ization to provide for uniform per diem al- Mr. WALTER: Committee on the Judiciary.
lowances, and for other purposes"; to the S. 94. An act for the relief of Lee Chong
Committee on Foreign Affairs. Taik; without amendment (Rept. No. 403).
838. A letter from the Director, the Ameri- Referred to the Committee of the Whole
can Legion, transmitting the final financial House.
statement of the American Legion up to and Mr. WALTER: Committee on the Judi-
including the period ending December 31, ciary. S. 124. An act for the relief of Jose·
1956, pursuant to Public Law 47, 66th Con- phine Suydam; without amendment (Rept.
gress; to the Committee on Veterans' Affairs. No. 404). Referred to the Committee of the
Whole House.
Mr. WALTER: Committee on the Judi-
REPORTS OF COMMITTEES ON PUB-
ciary. S. 162. An act for the relief of Jew
LIC BILLS AND RESOLUTIONS Gim Gee; without amendment (Rept. No.
Under clause 2 of rule XIII, reports of 405) . Referred to the Committee of the
committees were delivered to the Clerk Whole House.
for printing and reference to the proper ciary. Mr. BURDICK: Committee on the Judi·
S. 184. An act for the relief of Mary
calendar, as follows: C. Frederick; without amendment (Rept.
Mr. LANE: Committee on the Judiciary. No. 406). Referred to the Committee of the
House Joint Resolution 185. Joint resolution Whole House.
t'o implement the convention between the Mr. BURDICK: Committee on the Judl-
United States of America and Norway which ciary. S. 189. An act for the relief of Peter
entered into force on November 9, 1948, for V. Bosch; without amendment (Rept. No.
disposition of the claim against the Gov- 407). Referred to the Committee of the
ernment of the United States of America Whole House.
asserted by the Government of Norway on Mr. WALTER: Committee on the Judiciary.
behalf of Christoffer Hannevig; without S. 271. An act for the relief of Johannes
amendment (Rept. No. 400). Referred to Sukevainen; without amendment (Rept. No.
the Committee of the Whole House on the 408). Referred to the Committee of the
State of the Union. Whole House.
MT. BURDICK: Committee on the Ju- 1\11'. WALTER: Committee on the Judiciary.
diciary. H. R. 2224. A bill providing for S. 461. An act for the relief of Paul Yen-
payment to the State of Washington by the Hsiung Feng and his wife, Mary Stella Pao-
United States for the cost of replacing and Ching Feng, and their minor child, Joseph
· relocating a portion of secondary highway of Shao-Ying Feng; with amendment (Rept. No.
such State which was condemned and taken 409). Referred to the Committee of the
by the United States; without amendment Whole House.
(Rept. No. 401). Referred to the Commit- Mr WALTER: Committee on the Judiciary.
tee of the Whole House on the State of the S. 754. An act for the relief of John (Ioannis)
Union. Legatos; without amendment (Rept. No.
Mr. COOLEY: Committee on Agriculture. 410). Referred to the Committee of t.b.e
H. R. 7244. A bill amending the Packers and Whole House.
Stockyards Act, 1921, to permit deductions Mr. WALTER: Committee on the Judiciary.
for a self-help meat promotion program; S. 799. An act for the relief of Eldur Eha;
without amendment (Rept. No. 431). Re- without amendment (Rept. No. 411). Re·
ferred to the Committee of the Whole House ferred to the Committee of the Whole House.
on the State of the Union. Mr. LANE: Committee on the Judiciary.
Mr. COOLEY: Committee on Agriculture. H. R. 1376. A bill for the relief of Bernard L.
H. R. 6974. A bill to extend the Agricultural Phipps; without amendment (Rept. No. 412).
Trade Development and Assistance Act of Referred to the Committee of the Whole
1954, and for other purposes; without amend- House.
ment (Rept. No. 432). Referred to the Com· Mr. LANE: Committee on the Judiciary.
mittee of the Whole House on the State of H. R. 1501. A bill for the relief of Beulah I.
the Union. Reich; with amendment (Rept. No. 413).
Mrs. ST. GEORGE: Committee on Armed Referred to the Committee of the Whole
Services. H. R. 1987. A bill to provide for an House. .
additional payment of $165,000 to the village Mr. LANE: Committee on the Judiciary.
of Highland Falls, N. Y ., toward the cost of H. R. 1552. A bill for the relief of William
the water filtration plant constructed by H. Barney; without amendment (Rept. No.
such village; with amendment (Rept. No. 414). Referred to the Committee of . the
433) . Referred to the Committee of the Whole House.
Whole House on the State of the Union. Mr. LANE: Committee on the Judiciary.
Mr. LANE: Committee on the Judiciary. H. R. 1682. A bill for the relief of Edward J.
H. R. 7168. A bill to prescribe policy and Moskot; with amendment (Rept. No. 415).
procedure in connection with construction Referred to the Committee of the Whole
contracts made by executive agencies, and House.
for other. purposes; without amendment Mr. LANE: Committee on the Judiciary.
(Rept. No. 434). Referred to the Committee H. R. 1885. A bill for the relief of Edwin
6722 CONGRESSIONAL RECORD - HOUSE
Matusiak; with amendment (Rept. No. 416).
Referred to the Committee of the Whole
House.
Mr. LANE: Committee on the Judiciary.
H. R. 2070. A bill for the relief of Mrs. Rhea.
Silvers; with amendment (Rept. No. 417).
Referred to the Committee of the Whole
House.
Mr. BURDICK: Committee on the Judi·
ciary. H. R. 2075. A bill for the relief of
Albert A. Heinze; without amendment (Rept.
No. 418). Referred to the Committee of the
Whole House.
Mr. LANE: Committee on the Judiciary.
H. R. 2340. A bill for the relief of William R.
and Alice M. Reardon; without amendment
(Rept. No. 419). Referred to the Committee
of the Whole House.
Mr. LANE: Committee on the Judiciary.
H. R. 4154. A bill for the relief of the legal
guardian of Thomas Brainard, a minor; with
amendment (Rept. No. 420). Referred to
the Committee of the Whole House.
Mr. LANE: Committee on the Judiciary.
H. R. 4851. A bill for the relief of Mrs. M. E.
Shelton Pruitt, with amendment (Rept. No.
421) . Referred to the Committee of the
Whole House.
Mr. FORRESTER: Committee on the Ju-
diciary. H. R. 6282. A bill for the relief of
the former shareholders and debenture note
holders of the Goshen Veneer Co., an Indiana
corporation; with amendment (Rept. No.
422). Referred to the Committee of the
Whole House.
Mr. WALTER: Committee on the Judiciary.
H. R. 1417. A bill for the relief of Lien-fu Lo,
also known as Luke Lo; without amendment
(Rept. No. 423). Referred to the Committee
of the Whole House.
Mr. WALTER: Committee on the Judiciary.
H. R. 1754. A bill for the relief of Eleanor
French Caldwell; without amendment (Rept.
No. 424). Referred to the Committee of the
Whole House.
Mr. HILLINGS: Committee on the Judi-
ciary. H. R. 4342. A bill for the relief of
Mrs. Thomas L. Davidson; with amendment
(Rept. No. 425). Referred to the Committee
of the Whole House.
Mr. FEIGHAN: Committee on the Judi·
ciary. House Joint Resolution 316. Joint
resolution for the relief of certain aliens;
without amendment (Rept. No. 426). Re·
ferred to the Commfttee of the Whole House.
Mr. FEIGHAN: Committee on the Judi-
ciary. House Joint Resolution 322. Joint
resolution for the relief of certain aliens;
without amendment (Rept. No. 427). Re·
ferred to the Committee of the Whole House.
Mr. HYDE: Committee on the Judiciary.
House Joint Resolution 323. Joint i:esolu-
tion to facilitate the admission into the
United States of certain aliens; without
amendment (Rept._No. 428). Referred to the
Committee of the Whole House.
Mr. HYDE: Committee on the Judiciary.
House Joint Resolution 324. Joint resolu·
tion to waive certain provisions of section
212 (a) of the Immigration and Nationality
Act in behalf of certain aliens; without
amendment (Rept. No. 429). Referred to the
Committee of the Whole House.
Mr. HILLINGS: Committee on the Judi·
ciary. House Concurrent Resolution 171.
Concurrent resolution favoring the grant-
ing of the status of permanent residence to
certain aliens; without amendment (Rept.
No. 430). Referred to the Committee of the
Whole House.
PUBLIC BILLS AND RESOLUTIONS
Under clause 4 of rule XXII, public
bills and resolutions were introduced and
severally referred as follows:
By Mrs. KNUTSON:
H. R. 7382. A bill to provide supplementary
benefits for recipients of public assistance
and benefits for others who are in need
through the issuance of stamps or certifi·
cates to be used in the acquisition of sur-
plus agricultural commodities; to provide for
improved nutrition for recipients of publio
assistance and others eligible under the pro·
visions of the act; to assist in maintaining
fair prices and incomes to farmers by pro-
viding additional outlets for surplus agri-
cultural products; to prevent burdening and
obstructing channels of interstate com-
merce; to promote the full use of agricultural
resources, and for other purposes; to the
Committee on Agriculture.
By Mr. PRICE:
H. R. 7383. A bill to amend the Atomic
Energy Act of 1954, as amended, and for
other purposes; to the Joint Committee on
Atomic Energy.
By Mr. ANDERSON of Montana:
H. R. 7384. A bill for the relief of the town
of Medicine Lake, Mont.; to the Committee
on the Judiciary.
By Mr. ANFUSO:
H. R. 7385. A bill to provide that certain
Government officers and employees shall
have sufficient time to vote in elections; to
the Committee on Post Office and Civil Serv-
ice.
By Mr. CANNON:
H. R. 7386. A bill to authorize the pay.
ment of claims resulting from sonic blasts;
to the Committee on the Judiciary.
By Mr. BURLESON:
H. R. 7387. A bill to authorize purchase of
a portion of the bonds issued by the Brazos
River Authority, an agency of the State of
Texas, to finance the early development by
it of the water resources of the Brazos River
Basin, Tex.; to the Committee on Public
Works.
By Mr. CURTIS of Missouri:
H. R. 7388. A bill to regulate the interstate
distribution and sale of packages of haz-
ardous substances intended for household
use; to the Committee on Interstate and
Foreign Commerce.
By Mr. DORN of New York:
H. R. 7389. A bill to provide for the issu-
ance of a special postage stamp in commem.
oration of the 175th anniversary of the birth
of Capt. Samuel Chester Reid; to the Com-
mittee on Post Office and Civil Service.
By Mr. FASCELL:
H. R. 7390. A bill to amend the Adminis-
trative Expenses Act of 1946, and for other
purposes; to the Committee on Government
Operations.
By Mrs. GRANAHAN:
H. R. 7391. A bill to amend sections 412
and 613 of the Reserve Officer Personnel Act
of 1954 to provide that Naval, Marine Corps,
and Coast Guard Reserve officers initially
appointed before September 2, 1945, may be
retained in an active status until the 20th
anniversary of their initial appointment if
such anniversary will occur before their 65th
birthday; to the Committee on Armed Serv-
ices.
By Mrs. GREEN of Oregon:
H. R. 7392. A bill to provide supplementary
benefits for recipients of public assistance
and benefits for others who are in need
through the issuance of stamps or certifi-
cates to be used in the acquisition of sur-
plus agricultural commodities; to provide
for improved nutrition for recipients of pub-
lic assistance and others eligible under the
provisions of the act; to assist in maintain-
ing fair prices and incomes to farmers by
providing additional outlets for surplus agri-
cultural products; to prevent burdening and
obstructing channels of interstate com·
merce; to promote the full use of agricul-
tural resources, and for other purposes; to
the Committee on Agriculture.
By Mr. HERLONG:
H. R. 7393. A bill to amend the act en·
titled "An act to require the inspection and
certification of certain vessels carrying pas·
sengers," approved May 10, 1956, in order to
provide adequate time for the formulation
and consideration of rules and regulations
May 9
to be prescribed under such act; to the Com-
mittee on Merchant Marine and Fisheries.
By Mr. HOLMES:
H. R. 7394. A bill to amend the Atomic
Energy Community Act of 1955, as amended,
to avoid inequities in the sale of Govern-
ment-owned housing to priority purchasers
at different times; to the Joint Committee
on Atomic Energy.
By Mrs.KEE:
H . R. 7395. A bill to provide supplementary
benefits for recipients of public assistance
and benefits for others who are in need
through the issuance of stamps or certif-
icates to be used in the acquisition of sur-
plus agricultural commodities; to provide for
improved nutrition for recipients of public
assistance and others eligible under the pro-
visions of the act; to assist in maintaining
fair prices and incomes to farmers by pro-
viding additional outlets for surplus agricul-
tural products; to prevent burdening and
obstructing channels of interstate commerce;
to promote the full use of agricultural re·
sources, and for other purposes; to the Com-
mittee on Agriculture.
By Mr. LANKFORD:
H. R. 7396. A bill to amend the District of
Columbia Hospital Center Act in order to
extend the time and increase the authoriza-
tion for appropriations for the purposes of
such act, and to provide that grants under
such act may be made to certain organiza-
tions organized to construct and operate hos-
pital facilities in the District of Columbia;
to the Committee on the District of Colum·
bia.
By Mr. McCARTHY:
H.R. 7397. A bill to amend section 218 of
the Social Security Act with respect to the
provision of social-security coverage for cer·
tain employees of the State of Minnesota;
to the Committee on Ways and Means.
By Mr. McGOVERN:
H. R. 7398. A bill to provide supplementary
benefits for recipients of public assistance
and benefits for others who are in need
through the issuance of stamps or certificates
to be used in the acquisition of surplus ag-
ricultural commodities; to provide for im·
proved nutrition for recipients of public
assistance and others eligible under the pro-
visions of the act; to assist in maintaining
fair prices and incomes to farmers by pro-
viding additional outlets for surplus agricul-
tural products; to prevent burdening and
obstructing channels of interstate commerce;
to promote the full use of agricultural re-
sources; and for other purposes; to the
Committee on Agriculture.
By Mr. METCALF:
H. R. 7399. A bill to authorize assumption
by the various States of civil or criminal
jurisdiction over cases arising on Indian res-
ervations with the consent of the tribe in-
volved; to permit gradual transfer of such
jurisdiction to the States; and for other pur-
poses; to the Committee on Interior and
Insular Affairs.
By Mr. PATI'ERSON:
H. R. 7400. A bill to regulate the foreign
commerce of the United States by establish·
ing import quotas based on specified 5-year
averages; to the Committee on Ways and
Means.
By Mrs. ROGERS of Massachusetts:
H. R. 7401. A b111 to provide for a more ef·
fective utllization of the Veterans Memorial
Hospital at Manila, to strengthen the pro-
gram of medical care and treatment for cer-
tain Filipino veterans who served with the
Army of the United States_during World War
II, and for other purposes; to the Committee
on Veterans' Affairs.
By Mr. SANTANGELO:
H . R. 7402. A bill to amend the Travel Ex-
pense Act of 1949 to provide mileage allow-
ances in certain additional cases to United
States marshals and tlieir deputies for use
of their privately owned automobiles in con-
nection with their official duties; to the Com ..
mittee on Government Operations.
1957 CONGRESSIONAL RECORD - HOUSE
. By Mr. SCOTT of Pennsylvania:
H. R. 7403. A bill to authorize the Secre-
tary of the Interior to .acquire ce1·tain land
for the Deshler-Morris House; Independence
National Historical Park; to the Committee
on Interior and Insular Affairs.
By Mr. THOMSON of Wyoming:
H. R. 7404. A bill to amend the Internal
Revenue Code of 1954 to reduce and even-
tually repeal the taxes on the transportation
of property; to the Committee on Ways and
Means.
By Mr. UDALL:
H. R. 7405. A bill to provide that for the
purpose of disapproval by the President each
provision of an appropriation bill shall be
considered a separate bill; to the Committee
on the Judiciary.
By Mr. UTT:
H. R. 7406. A bill to provide basic salary
increases of 15 percent per annum for em-
ploy.ees in the postal field service; to the
Committee on Post Office and Civil Service.
H. R. 7407. A bill to provide for the joint
development of the water power resources
of the Trinity River division, Central Valley
project, California, by the United States and
Pacific Gas & Electric Co., to reduce expend-
itures of the United .States, to increase
revenues of the United States, to encourage
the most widespread use of the power gen-
erated at the lowest possible rates to con-
sumers consistent with sound business prin-
ciples, and for other purposes; to the Com-
mittee on Interior and Insular Affairs.
By Mr. WILSON of California:
H. R. 7408. A bill to amend section 217
of the Social Security Act to provide that
certain military or naval service not now
creditable toward benefits under title II of
such act may be counted toward such bene-
fits if such service is not used in determin-
ing entitlement to, or the amount of, mili-
tary retired pay; to the Committee on Ways
and Means.
By Mr. GRIFFIN:
H. J. Res. 325. Joint resolution to desig-
nate the 4th day of May as Teachers Day; to
the Committee on the Judiciary.
MEMORIALS
Under clause 4 of rule XXII, memorials
were presented and ref erred as follows:
By Mr. PRICE:
Memorial of the 70th General Assembly of
the State of Illinois that Congress pass a bill
dealing solely with the Illinois-Mississippi
Canal and Lake Sinnissippi project, such bill
to include the following: (1) · an appropria-
tion of $2 million for the rehabilitation of
the area -0utlined in conversion plan No. 2
of the Rock Island District of the United
States Army Corps of Engineers; (2) transfer
of title to the area .t o the department of con-
servation of the State of Illinois; to the
Committee on Public Works.
By the SPEAKER: Memorial of the Legis-
lature of the State of Florida, memorializing
the President and the Congress of the United
States to declare the United States Supreme
Court decisions usurping the powers reserved
to the States and relating to education,
labor, criminal procedure, treason, and sub-
version to be null, void and of no effect,
etc.; to the Committee on the Judiciary.
Also, memorial of the Legislature of the
State of IUlnois, memorializing the President
and the Congress of the United States re-
questing passage of a bill dealing solely with
the Illinois-Mississippi Canal and Lake
Sinnissippi project, etc.; to the Committee
on Public Works.
Also, memorial of the Legislature of the
Territory of Hawaii, memorializing the Pres-
ident and the Congress of the United States
to enact legislation creating the Hawaii de-
fense highway system; to the Committee on
Public Works.
PRIVATE BILLS AND RESOLUTIONS
. Under clause 1 of rule XXII, private
bills and resolutions were introduced and
severally referred as follows:
By Mr. ABERNETHY (by request):
H. R. 7409. A bill to provide for the con-
veyance of certain real property in the Dis-
trict of Columbia to the Association of the
Oldest Inhabitants of the District of Colum-
bia; to the Committee on the District of
Columbia:
By Mr. BERRY:
H. R. 7410. A bill for the relief of Lowe
Clinic and Hospital; to the Committee on the
Judiciary.
H. R. 7411. A bill for the relief of Kadoka
Memorial Hospital; to the Committee on the
Judiciary.
H. R. 7412. -A bill for the relief of Mc-
Laughlin Community Hospital; to the Com-
mittee on the Judiciary.
By Mr. CURTIS of Missouri:
H. R. 7413. A bill for the relief of Chih-
Chen Jen; to the Committee on the Judici-
ary.
By Mr. FASCELL (by request):
H. R. 7414. A bill for the relief of Fernan-
do Fuentes Coba; to the Committee on the
Judiciary.
6723
By Mr. FOGARTY:
H. R. 7415. A bill for the relief of Armand
Alphonse Touissaint and Leontine Touis-
saint; to the Committee on the Judiciary.
By Mr. HIESTAND:
H. R. 7416. A bill for the relief of Helene
Brand; to the Committee on the Judiciary.
By Mr. LANE:
H. R. 7417. A bill for the relief of Col. John
T. Malloy; to the Committee on the Judici-
ary.
By Mr. MULTER:
H. R. 7418. A bill for the relief of Mrs.
Camille Salama; to the Committee on the
Judiciary.
By Mr. MUMMA:
H. R. 7419. A bill for the relief of Robert
F. Gross; to the Committee on the Judiciary.
By Mr. ROBSION of Kentucky:
H. R. 7420. A bill for the relief of Mrs.
Magdelena (Lena) Goerres and her daughter,
Elizabeth Goerres; to the Committee on the
Judiciary.
H. R. 7421. A bill for the relief of Mrs.
Frank O. Taafel; to the Committee on the
Judiciary.
By Mr. TAYLOR:
H. R. 7422. A bill for the relief of Tse Kwan
Tsung; to the Committee on the Judiciary.
By Mr. UTT:
H. R. 7423. A bill to authorize the appoint-
ment of Sidney F. Mashbir, colonel, Army of
the United States, to the permanent grade
of colonel in the Regular Army, on the re-
tired list; to the Committee on Armed Serv-
ices.
By Mr. WILSON of California:
H. R. 7424. A bill for the relief of Jesus
Torres Jaramillo; to the Committee on the
Judiciary,
PETITIONS, ETC.
Under clause 1 of rule XXII, petitions
and papers were laid on the Clerk's desk
and referred as follows:
237. By Mr. FOGARTY: Petition of the
Woman's Christian Temperance Union of
Rhode Island, Inc., submitted by Mrs. Henry
Eldridge, director of legislation, urging legis-
lation to eliminate the advertising of alco-
holic beverages; to the Committee on Inter-
state and Foreign Commerce.
238. By Mr. HORAN: Petition of Mrs.
Dollie Hogseth and 21 citizens of Spokane,
Wash., urging the Congress to pass legisla-
tion prohibiting alcoholic beverage advertis-
ing on television broadcasts; to the Com-
mittee on Interstate and Foreign Commerce.

Tours of Dizzie Gillespie and His
Jazz Band
EXTENSION OF REMARKS
OF
HON. WILLIAM E. JENNER
OF INDIANA
IN THE SENATE OF THE UNITED STATES
Thursday, May 9, ·1957
Mr. JENNER. Mr. President, I ask
unanimous consent to have printed in
the CONGRESSIONAL RECORD a statement
prepared by me, which was in reply to
an open letter from the editor of -the
Progress-Examiner of Orleans, Ind., in
regard to the tours of Dizzie Gillespie
and his jazz band, who were sent abroad
as part of our Government's program to give you and your readers fuller information
represent American culture.
EXTENSIONS OF REMARKS
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
FROM THE OFFICE OF SENATOR WILLIAM
E. JENNER
Senator JENNER published some additional
details of the world tour of Dizzie Gillespie
and his jazz band under the American State
Department for the improvement of inter-
national cultural relations. The Senator's
statement was in reply to an open letter
from the editor of the Progress-Examiner of
Orleans, Ind., who asked Senator JENNER
"why our tax money should be spent to pay
a band leader more money than we pay our
President to take his boys on a world tour."
Senator JENNER'S letter follows:
APRIL 18, 1957.
The EDITOR, PROGRESS ExAMINER,
Orleans, Ind.
DEAit Sm: It ls a great pleasure for me to
about the tours of Dizzie Gillespie and bis
jazz band as part of our Government's pro-
gram for the cultural enlightenment of for-
eign nations.
Your figure of $84,381 is not the full story
of the cost. Mr. Gillespie and his band were
sent on two world tours, one to the Near East
and Africa, the other to Latin America. The
$84,381 is the net cost of the Near East-
African tour, but the tour also collected
$16,400 from the sale of tickets. This in-
come did not, like other Government re-
ceipts, go into the general fund of the Treas-
ury to be spent only through new appropria-
tions of Congress. It was paid directly to
the project, which cost $100,838.55 for the
Near East alone.
Let me give you a few of the items paid
for by our Government on the Near East
and African tour. We paid $511.90 for in-
oculations. That is $25 apiece. We paid
$727.15 !or passports and $887 for insurance.
The booking agent was paid $5,000. We also
sent with the band a lecturer, who was paid
:6724 CONGRESSIONAL RECORD - HOUSR May 9
$1,905.13. His job was to lecture to the peo- Seven Hundred and Thirty-six Dollars irrespective of actual participation in the
ple who had come to hear jazz bands, about soil bank, however, we find the following
jazz as an art, but he spoke only English. and Forty-seven Cents for a Kansas sharp variations in indicated benefits:
Mr. Gillespie's tour to Latin Amercian cost
another $40,500 net. I do not know how Farm-One Dollar and Thirty-seven
much should be added for receipts from Cents for a New Hampshire Farm State Numberof Average
farms 1
ticket sales, which went to the project in-
stead of the Treasury. Altogether the tour
gave away $35,000 worth of free tickets, plus EXTENSION OF REMARKS Alabama .•• ---- __ ----_ -__ -- -- --- 176, 956 $102. 68
other thousands for lunches and receptions. OF Ariwna. _--- _-- __ -- -- -- ________ _ 9, 321 683. 61
In Argentina, on this trip to improve cul- Arkansas ____
-- -- --_-- --- -- --- -- ---_ 145, 076 105. 39
tural relations with foreign countries, Mr. HON. BURR P. HARRISON California. • __________________
Colorado ____ --- -------------- ---
123, 075
40, 749
124. 79
669. 80
Gillespie dressed as a gaucho, and rode a OF VIRGINIA. Connecticut ______ ----------~- __ _ 12, 753 127.16
horse through the streets of Buenos Aires. Delaware. __ -------------------- 6, 297 151.19
IN THE HOUSE OF REPRESENTATIVES Florida ___________ -- _-_-_-____ -__ 57, 543 44.03
The State Department representative did not 165, 523 141.43
Thursday, May 9, 1957 Georgia.------------------·------
think that behavior interfered at all with Idaho. __________ ----- _- --- ------ 38, 740 142. 61
Mr. Gillespie's contribution to cultural un- Mr. HARRISON of Virginia. Mr. Illinois-------------------------- 175, 543 111. 06
derstanding with Latin America. Indiana •. -- --- ---- -------------- 153, 593 125. 62
Instead, the State Department representa- Speaker, the more one studies the De-
Iowa. --_--- -- ___ -_-_-_-___ --- __ _ 192, 933 183. 55
Kansas _________ ------ --- _------ _ 736. 47
tive explained, Mr. Gillespie was extremely partment of Agriculture reports of par-
120, 167
fi~fs~~~~:::::::::::::::::::::::
193, 487 53. 33
generous with young musicians, especially ticipation in the soil bank the more one 111, 127 100. 26
in Turkey, and gave a trumpet to a leading is forced to the conclusion that it is Maine. __ ----------------------- 23, 368 28. 97
~Iaryland __ __ . _--- -- ------------ 32, 500 76. 16
Turkish artist. being proved an unfair and unworkable Massachusetts. __ --- ----- --- --- - 17, 361 56. 43
The Middle East and African tour naturally experiment. Michigan._- -------------------- 138, 922 101.35

E~~~~~~====================
included Yugoslavia in this program of cul- For the information of the House, I 165, 225 123. 83
tural exchange. 215, 915 88. 42
Some of the figures are a little confusing,
.have consolidated available data on acre- 201, 614 138. 55
~~~:,1?r~-~-::,::::::::::::::::::::
33, 061 301. 09
but the program paid $19,000 a year for a age reserve and conservation reserve 100, 846 458. 63
general manager. signups for this year. The following Nevada.------------------------
New Hampsbire _______________ _ 2, 857 26.61
We are getting close to the total, but we table is based on the Department of 10, 411
22, 686
1.37
66.62
still have to add the cost of overhead in Agriculture report of acreage reserve New
New Jersey
Mexico___ ------------------_
___________________ 21, 070 472.04
USIA, and the State Department, and the contracts signed through April 5, 1957, New York __ -------------------- 105, 714 53. 35
North 267, 906
time of our Embassy staff in the countries and the May 7, 1957, report of conserva-. Nortb Carolina ____ -------------_
Dakota __________________ 61, 943
69.50
464. 83
the jazz players visited. tion reserve contracts signed through 177,074 112. 66
This money comes from what is called the · April 15, 1957: 0Obio __------------------
klaboma ________________--------
------ _ 118, 979 235. 38
President's special international program, Oregon __ ___ ---------------------
Pennsylvania. _________________ _ 54, 441 77.63
but the State Department is in charge of its 128, 876 34.82
Rbode Island._----------------- 2,004
operation, through the Assistant Secretary Acreage Conserva- South Carolina _________________ _ 124, 203 ----i25~74
for Public Affairs. reserve ti on South Dakota __________________ _ 62, 520 366. 59
The fund has had $9,704,300 so far, all of State maximum reserve Total Tennessee. _____________ ---- __ --- 203, 149 50.58
payments maximum Texas. _____ -----_ ------- --- ----- 292, 947 280. 60
which is committed. The State Department payments 22, 826 134. 99
ls asking for $3,100,000 for 1958. This is an Utah. ---------------------------
Vermont .. _--------------------- 15, 981 3.32
increase of $795,700 so they can send cultural Virginia ________ ---- ____________ _ 136, 416 24.96
Alabama .. ····-··- $16, 943, 347 $1, 227, 000 $18, 170, 347 Washington . . __________________ _ 65, 175 103. 05
programs to Poland and Hungary. Arizona _---·------ 6, 209, 976 162, 000 6, 371, 976
~r::o~~~~~:::::::::::::::::::
Much of the entertainment sent abroad by Arkansas---·--·--- 14, 027, 678 1, 263, 000 15, 290, 678 68, 583 4.14
153, 558 67.01
our .S tate Department has been jazz bands. California ••••• ---- 14, 834, 556 525, 000 15, 359, 556 Wyoming_ --- ___________ ---- ___ _ 11, 402 93.04
Wilbur de Paris and his Dixieland jazz band Colorado ___ -·----- 22, 196, 696 5, 097, 000 27. 293, 696
Connecticut_ ______ 1, 618, 688 3,000 1, 621, 688
were sent to the independence celebration at Delaware __________ 917, 074 35, 000 952, 074 11954 agriculture census.
Ghana. First the Department gave the cost Florida .••••••••••. 1, 565, 691
Geor!!ia ____________ 19, 968, 000 2, 533, 691
of his tour as $26,600, but they later changed 225, 091 4, 186, 000 23, 411, 091 On this basis, we might ponder the rel-
the figure to $65,000. Idaho. -----··---·- 4, 916, 880 608, 000 5, 524, 880 ative worth of the labors of the Kansas
Illinois .•• -··------ ]!}, 058, 244 439, 000 19, 497, 244
Of the 4 bands sent to Latin America, Indiana.---------- 18, 661, 043 634, 000 19, 295, 043 farmer, $736.47, and the New Hamp-
8 were Negro. Iowa. _--··-------· 34, 246, 487 1, 168, 000 35, 414, 487 shire farmer, $1.37.
A number of American Indians were also Kansas. _--·------- 84, 811, 159 3, 689,000 88, 500, 159
Kentucky _________ 9, 622, 338 698, 000 10, 320, 338
sent abroad to represent American culture. Louisiana _________ 10, 906, 870 235, 000 11, 141, 870
Among the touring theatrical companies . Maine _____________ ------------ 677, 000 677,000
was one giving Porgy and Bess. This did Maryland _________ 2, 168, 335 307, 000 2, 475,335
have an all-Negro cast, it is true, but I doubt Massachusetts _____ 964, 847 15, 000
Michigan __________ 12, 214, 339 1,866,000 14, 080,339 979, 847 Passing of An Artist
1f it represented American Negro culture. Minnesota.------- 11, 947, 455 8, 513, 000 20,460,455
The play, made from a very fine book, Mississippi.. ______ 17, 992, 392 1, 100, 000 19,092, 392 EXTENSION OF REMARKS
changed the emphasis to adultery, crimi- Missouri. ••••••.•• 24, 297, 921 3, 637, 000 27, 934, 921 OF
nality, and slums. Many Negroes were very MontanaNebraska.••••••••• 8, 775, 620
__________ 44, 583, 257
1, 179, 000 9, 954,620
1, 668, 000 46, 251, 257
offended, and the papers carried stories of Nevada . ----------
the anger of Moscow audiences at the choice New Hampshire ...
76, 037 ------------
279 14,000
76,037
14, 279
HON. ALBERT P. MORANO
New Jersey ________ 1, 375, 441 136, 000 1, 511, 441 OF CONNECTICUT
of play.
It came out that some of these Negro per- New Mexico .•••.•• 2, 610, 900
New York _________ 3, 417, 454 7, 335,000
2, 223,000
9, 945, 900
5, 640, 454
IN THE HOUSE OF REPRESENTATIVF.8
formers were sent abroad to offset the effect North Carolina .•.. 17, 842, 584 779, 000 18, 621, 584 Thursday, May 9, 1957
of pamphlets published by USIA comment- North Dakota. ____ 21, 333, 021 7,460,000 28, 793, 021
Ohio.-- -- ----···--
ing on the poverty and slum conditions of Oklahoma 19, 250, 801 699, Mr. MORANO. Mr. Speaker, one of
000 19, 949, 801
_________ 22,360, 361 5,645,000 28,005,361
Negroes in America. Oregon. ________ • __ 3, 157, 523 1,069,000the greatest bassos of all time passed
4, 226, 523
So far as I know, nothing has been said Pennsylvania _____ 3, 862, 702 away last night. The death of my friend,
626,000 4, 488, 702
Rhode Island ______ ------------ ------------ -----------
to suggest the large number of hard-working, South Carolina ____ 13, 726,068 1, 892,000 15, 618, 068
Ezio Pinza, of Stanford, Conn., is not
prosperous, successfu_l Negro businessmen, South Dakota ••••• 15, 972, 521 6, 947,000 22, 919, 521only a great personal loss to me, it is a
professional men, and wage workers in the Tennessee ••••••••• 8, 774, 959 1, 502,000 10, 276, 959 loss to the world of culture, to the mil-
United States. Texas.----------·- 54, 924, 190 27, 277,000 82, 201, 190
This program for cultural exqhange is an Utah.---··----·--- 1, 873, 328 lions he made happy by his thrilling
1, 208,000 3,081,328
Vermont._···----- 2,099 51,000 53,099
voice, to the thousands who knew him
outgrowth of the Geneva Summit Confer- Virginia_•• -----·-- 3, 262, 171 144, 000 3, 406, 171
ence. At the time I said I thought the Washington. ______ 6, 364, 748 and admired him, and most of all, a
352,000 6, 716, 748
Geneva. Conference was a. catastrophic set- West Virginia ••.•. 266, 110
••••••••• 7, 619, 951
grievous loss to the devoted family who
18, 000 284, 110
back to American military power. I did not Wisconsin
Wyoming ••••••••. 689, 857
2, 670,000 10, 289, 951
loved him:
371,000 1,060, 857
know we planned to send jazz musicians in Ezio Pinza was born an Italian. He
place of mmtary aid for national independ- Total.. •••••• 611, 469, 089 108, 317, 000 719, 786, 089
was born with the sparkle and the fervor,
ence. the love of life and the penchant for
We could not find any way to use the ma- How much does this mean to the aver- song that so characterizes this nation-
jestic power of America to ·give a little help age farmer? By all accounts, millions of
to the Hungarians when they were fighting ality. In his singing it was easy to detect
for their freedom, but now that their strug- average farmers have found nothing of the strong character of the man. For it
gles are over, we are going to send them interest or profit in the soil bank, and · was not only God's gift of song that made
Dizzie Gillespie or another jazz band. have passed it by. If we. allocate arbi- Pinza great. Through his singing the
Sincerely yours, trarily the 1957 soil bank benefit pay- · man's whole being ·was expressed, his
WILLIAM E. JENNER. ments among all the farms of the Nation, pride in his family and his adopted Na-
 1957 CONGRESSIONAL RECORD - HOUSE 6725
ti on; his strength of character and his S. Reduction of taxes even though it in the United States-have not only
love for humanity, especially the poor would unbalance the budget? Yes, 16 per- managed to solve many of their pressing
and the underprivileged. cent; no, 81 percent; no opinion, 3 percent.
4. Lowering the eligib111ty age for social- internal problems but they have in addi-
Pinza gloried for many years as the security benefits? Yes, 38 percent; no, 57 tion offered a brilliant example to the
Metropolitan Opera's leading basso. His percent; no opinion, 5 percent. other peoples of Asia.
voice and performance was never paral- 5. Eligibility for social-security benefits In recognizing the vital role which
leled. In later years, although his voice regardless of income? Yes, 43 percent; no, President Diem has played in these im-
declined with age, it never lost its reso- 49 percent; no· opinion, 8 percent. pressive developments, I also want to ex-
nant quality and he was soon to adapt to 6. Legislation to safeguard union welfare press my deep respect for President Diem
a new art form, and his characterization funds? Yes, 92 percent; no, 4 percent; no whose modesty, stanch belief in the vic-
of Emile D'Beque in South Pacific opinion, 4 percent.
7. Increasing postal rates for all classes of tory of the cause of truth and freedom,
transformed him into the idol of millions. mail to reduce the postal deficit (now ap- undaunted courage and tremendous ef-
Ezio Pinza is gone. But as long as proximately $464 million annually)? Yes, fort have helped to write a new and a
music lives, he will be remembered. 81 percent; no, 17 percent; no opinion, 2 bright page in the history of his people
percent. and of his country.
8. Federal aid for school construction?
Yes, 45 percent; no, 51 percent; no opinion,
4 percent.
Questionnaire Results From l,1ichigan's 9. Enactment of the President's proposed
Sixth District civil-rights legislation? Yes, 55 percent; Secretary Benson Praised for Surplus
no, 19 percent; no opinion, 25 percent.
10. The administration's farm policies in Disposal Abroad
EXTENSION OF REMARKS general? Yes, 52 percent; no, 15 percent;
no opinion, 33 percent. EXTENSION OF REMARKS
OF 11. Liberalizing immigration laws? Yes,
21 percent; no, 66 percent; no opinion, 13 OF
HON. CHARLES E. CHAMBERLAIN percent.
OF MICHIGAN 12. Conferences by the President with HON. HENRY ALDOUS DIXON
IN THE HOUSE OF REPRESENTATI~TES heads of unfriendly nations? Yes, 67 per- OF UTAH
cent; no, 22 percent; no opinion, 11 percent. IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957 13. Continued reliance on the U. N. in the
Middle East crisis? Yes, 82 percent; no, 12 Thursday, May 9," 1957
Mr. CHAMBERLAIN. Mr. Speaker, percent; no opinion, 6 percent.
under leave to extend my remarks I 14. Continuing foreign aid as a means of Mr. DIXON. Mr. Speaker, 2 years ago,
would like to include the results of a resisting communism? Yes, 58 percent; no, I heard on the floor of the House accu-
questionnaire sent to more than 12,000 35 percent; no opinion, 7 percent. sations against officials of the Depart-
families in Michigan's Sixth Congres- 15. Do you approve of the manner in ment of Agriculture for not having dis-
which ·the President has been handling our
sional District. A return of slightly more foreign posed of more of our surpluses abroad.
than 20 percent indicates, I believe, the cent; noaffairs? Yes, 77 percent; no, 17 per-
opinion, 6 percent.
In the light of evidence now available,
intense interest of these citizens in their 16. Do you approve, in general, the domes-
nothing but praise should be given to
Government. tic policies of President Eisenhower? Yes, Secretary . Benson and his Department
I further .believe, Mr. Speaker, that 83 percent; no, 13 percent; no opinion, 4 for the monumental surplus-disposal
Members will. be interested in the re- percent. program they have carried out abroad.
sponse to these questions. While I rec- This fiscal year our farm exports will
ognize that this method of measuring be about $4% billion-the highest year
public opinion is subject to some lim- President Ngo Dinh Diem, of Vietnam in history. This is almost $1 billion more
itation, nevertheless, I would point _out than last year, representing the fourth
that agreement on six of the questions successive year of increasing farm ex-
EXTENSION OF REMARKS ports.
exceeded. 70 percent.
Great interest in many of .these ques-
OF Yesterday, at the exhibit on moving
surpluses and expanding foreign mar-
tions was further indicated by a tre- HON. CLEMENT J. ZABLOCKI kets in the patio of the Department of
mendous number of accompanying let- OF WISCONSIN Agriculture, Secretary Benson made the
ters and comments. One of the most IN THE HOUSE OF REPRESENTATIVES following comments which summarize
frequently mentioned items concerned some of these surplus-disposal accom-
postal rates. As the tabulation indi- Thursday, May 9, 1957
plishments:
cates, people support a general increase, Mr. ZABLOCKI. Mr. Speaker, I want REMARKS BY SECRETARY OF AGRICULTURE EZRA
but they are emphatic in their demand to express my personal pleasure over the TAFT BENSON AT EXHIBIT ON MOVING SUR•
that third-class mail pay its proper share visit to our Nation's · Capital by Presi- PLUSES AND EXPANDING FOREIGN MARKETS,
·of postal expenses. In the area of foreign dent Ngo Dinh Diem, of Vietnam, and to IN PATIO, DEPARTMENT OF AGRICULTURE,
aid, though the vote is favorable to its join with my colleagues in paying tribute MAY 9, 1957 ·
continuance, people want intelligent and to the achievements of this outstanding It gives me great pleasure to welcome our
· effective use of their money. Also, it was democratic leader of southeast Asia. distinguished guests and all of you to the
interesting to me to note the strong op- In 1953 and again in 1955, I had the opening of this exhibit. We are especially
position to a tax cut that would un- opportunity to study the situation in honored to have with us Members of the
balance the budget. Congress and friends from the diplomatic
Vietnam as a member of special study corps of other countries.
The general conclusion seems clear missions to that country. I vividly re- We have an interesting and gratifying
that people of Michigan's Sixth District call the black outlook and the almost in- story to tell. I am sure that if you were to
continue to have great confidence in surmountable problems which faced hear of an overstocked merchant in private
President Eisenhower and his adminis- President Diem when he took his office. business who, in an oversupplied market,
tration's policies. Because I well realize the gravity of nevertheless succeeded in reducing his in-
The results of the questionnaire are as the crisis which he has weathered, I am ventory without crippling his business or
follows: jeopardizing the price structure-I am sure
particularly impressed by the remarkable you would say this was an accomplishment
Do you favor: progress achieved by Vietnam under his of- note.- What the Department of Agricul-
1. Reduction of the budget even if it leadership. ture has done in its surplus disposal opera-
means curtailing or eliminating worthy Whereas just 3 years ago apathy, dis- tions over the past few years is equally note-
Federal services and projects? Yes, 58 per- order, and depression prevailed in that worthy.
cent; no, 38 percent; no opinion, 4 .percent. land, today Vietnam is playing a vigorous Before we tell that story, however, I want
2. Reduced taxes for; to take this opportunity to pay a warm and
(a) Small business. Yes, 32 percent. and a vital role in stemming the tide of sincere tribute to the devoted men and
(b) Individuals. Yes, 31 percent. · communism in southeast Asia. Inspired women and organizations who have helped
(c) Everyone across the board. Yes, 14 by the courageous leadership of Presi- make the story possible-who have helped
percent. dent Diem, the people of Vietnam-with us distribute our excess abundance at home
(d) No one at this time.. Yes, 41 percent. the constructive aid of ·t heir loyal friends and abroad~ To eac.h and every 'one I express
6726 .CONGRESSIONAL _RECORD - HOUSE
the appreciation of agriculture, of Govern- timed our programs so they wm not. 1nter- Addreis by Hon. Stu-a rt Symington, of
ment, and of a multitude of people-espe· f ere with agdcultural seasons. We have CO•
cially our farmers. I feel sure you have
God's blessing in this noble work.
I think it ls a noteworthy fact that we have
moved out of storage and into use nearly
$9 billion worth of farm surpluses through
special programs in the past 4 years:
It is noteworthy that we have been able to
hang up the "sold out" sign for a sizable list
of commodities, including cottonseed oil,
cottonseed meal, hay and pasture seeds, soy-
beans, linseed oil, and tung oil.
It ls noteworthy that stocks of grain
sorghums, rice, barley, butter, dried milk,
and wool have been reduced to low levels.
It is noteworthy that United States farm
exports have risen to the highest level in
history. In this present fiscal year the total
value of our farm exports will be about
$4% billion-almost $1 billion more than in
1955-56. This is the fourth successive year
of increasing farm exports.
We have "swapped" a billion dollars worth
of farm surpluses for strategic foreign mate-
rials and other defense needs.
We have sold agric.u ltural exports for for-
eign currencies to 31 friendly nations-be-
cause they were short of dollars. Neu mar-
kets have thereby been opened. Many of
these should later develop into dollar sales
outlets became we have created a desire for
our products abroad.
We are tooled up today to promote Amert ..
can agricultural exports much better than
ever before. We have our agricultural at-
taches working in principal countries of the
world. We have marketing specialists going
out on special foreign assignments. We
have special export programs. We have our
export prices down to where they are com-
petitive. World consumers are becoming
increasingly prosperous and represent a bet-
ter market--and we are making our farm
products known to them through trade fairs
and other promotions.
Yes, all this is indeed worthy of note.
In February 1956, the Commodity Credit
Corporation had an investment in farm prod-
ucts of about $8.9 billion. By June 30, the
CCC investment is expected to be down to
about $7.5 billion. But this tells only part
of the story. Without our successful dis-
posal programs, the CCC investment might
now be more than twice its present total.
This reduction in CCC surplus stocks is
unique in that it ls being accomplished in a
world buyer's market. Twice befor.e CCC
inventories were greatly reduced-during
World War II and during the Korean emer-
gency-both wa:ctime "seller's markets." In
both these periods our surplus food and fiber
were an important war resource. In both
periods prices were rising and markets were
expanding.
Today we are liquidating our stocks when
there is no such emergency demand. Though
1t is true that Europe has been temporarily
caught with short supplies of wheat and oil
crops and the stoppage of traffic in the Suez
has caused some shifts in import patterns,
on the whole, this has been and remains a
"'buyer's market."
We increased CCC disposals of all kind
from $520 million in fiscal 1953 to $2,723
million in fiscal 1956. In the current fiscal
year disposals will reach the staggering total
of nea.rly $4 bil1ion-almost 8 times as much
as in fiscal 1953.
How is the job being done? We have de-
veloped special distribution programs, such
as the sales for foreign currencies and barter
transactions I have mentioned. But, above
all, we are emphasizing more and more ex:.
ports for dollars. Our dollar sales now ac-
count for approximately two-thirds of au
CCC disposals. Furthermore, th& Corpora-
tion is recovering about 71 cents on the
dollar from its dollar sales.
We are selling nearly all of our commodi·
ties on a competitive-bid basis. We have
ordinated the sales policy and operations of
eight Commodity Stabilization Service offlcea
throughout the country.
The result-and I am proud of it-ls this.:
We are moving our inventory in an orderly
manner and without adverse effect .on
domestic or world market prices.
This, obviously, ls the best way to dis-
pose of our surpluses. But where we are
not able to sell or barter we feel strongly
our responsibility to make constructive use
of the abundance with which we have been
blessed. Food is produced to go into
stomachs, not into wasteful storage. So we
have given away some of our surplus-do-
nated foods to persons both in this coun-
try and abroad who don't get these foods, or
who do not get enough of them. In the past
year we've found good use in this way for
nearly 3 billion pounds of our surplus :foods.
We've initiated a special milk program fo
help reduce the surplus by making more milk
available to our children.
I could bring you glowing accounts from
teachers about what the milk program has
meant. They have told us in some cases
that the health of the children has improved,
absenteeism has been cut down, and class-
room accomplishment has been increased.
More children are learning that milk tastes
good. Today's program is helping to build
tomorrow's market.
This is the same sound concept on which
our national school-lunch program is so
firmly founded. Every day nearly 11 mil-
lion children take part in this program. It
has become an important aid to their health
and well-being. Every year it makes a mar-
ket for nearly $500 · million worth of farm
products-a market which will continue into
the future, continuing to grow.
I repeat, we in the Department and all of
us interested in agriculture owe our thanks
to those who have helped make such a fine
record for all these programs, the school-
lunch supervisors and managers in this coun-
try, and the United States voluntary relief
agencies for their magnificent work in dis-
tributing food to the needy abroad.
And surely I would be remiss if I did not
pay a sincere tribute to the excellEmt per-
formance of American industry in helping to
expand markets for our agricultural abun-
dance. The men and women of industry
ar e the professional marketers of farm
products. We in the Department of Agricul-
ture have been happy to cooperate with in-
dustry. We have been glad to play the minor
rather than the major role, to be the junior
partner so to speak. We applaud American
industry for what it has done. We say
frankly that the improvement in the surplus
situation is due largely to industry's accom-
plishments, and that the national economy
is more secure because of the aggressive help-
fulness with which industry has tackled its
part of the job.
Finally, let me pay my sincere respects to
the Members of Congress. They have pro-
vided legislation-the tools, you might say-
for carrying out the great distribution job
- we are doing today. The surplus disposal
legislation, the return of the agricultural
attaches to this Department, the new oppor-
tunities being created for building bigger
markets-these and the continuing programs
that we administer represent the well-con-
sidered desires of Congrese and the people
By means of imaginative, bold market pro-
motion, the· foundation has been laid for
larger outlets for United States farm products
abroad and at home. We still have far to go.
But I believe we have passed the peak o!
our surplus difficulties.
We look forward with hope-and with the
knowledge that people in a large part of
the world know better the products of our
land.
May 9
Missouri, at Wilkes-Barre, Pa.
EXTENSION OF REMARKS
OF
HON. DANIEL J. FLOOD
OF PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957
Mr. FLOOD. Mr. Speaker, under leave
to extend my remarks in the RECORD, I
include the following address presented
by the Honorable STUART SYMINGTON at
the annual Greater Wilkes-Barre Cham-
ber of Commerce dinner held in Wilkes-
Barre on Tuesday evening, May 7, 1957:
It is clear where this administration can
save billions of dollars annually in the Fed-
eral budget if it is really sincere in its desire
to make these reductions.
In a talk on the floor of the House, last
Thursday, the distinguished majority leader,
the Honorable JOHN McCORMACK, of Massa-
chusetts, stated: "An analysis of the various
stock fund statements in the 1958 budget
(Department of Defense) shows great dupli-
cation and triplication and even quadrupli-
cation in the stock items covered by the
funds."
Any true unification of the services would
result in at least partial elimination of some
of thi.s triplication. It would, as Dr. Henry
Kissinger wrote recently, reduce" the claim of
each service to have "capability for total
war." ·
Let me repeat again that the amount of
money this service rivalry is costing the tax-
payer is almost unbelievable. · -
People indirectly connected with the ad-
ministration believe that even under the
present structural conditions of the Pentagon
Building, billions can be saved by improve-
ments in the manpower picture alone.
One of the Nation's great industrialists,
Ralph Cordiner, president of the General
Electric Co., · who heads a Committee ap-
pointed more than a year ago to analyze the
·manpower problems of the De::_Jartment of
Defense, has announced that t-nere would
be ultimate savings of up to $5 billion a year,
plus a. 15 percent improvement in combat
capability, if the manpower recommenda-
tions of his Committee were adopted.
Only recently those of us who believe great
savings can be made in the Federal Budget
received powerful support. Sunday before
last, Chairman GEORGE MAHON, of the Mili-
tary Affairs Subcommittee of the House Ap-
propriations Committee, urged that Presi-
dent Eisenhower initiate a drive for real uni-
fication of the Armed Forces.
Representative MAHON said service rivalry
"has now gotten out of hand. It's very un-
wholesome and very wasteful and I think
something has got to be done about it."
MAHON added that legislation probably
would be required and that President
Eisenhower could provide the impetus, if
he could find the time to take a personal
interest in the problem.
I say "Amen" to this opinion from one of
the most experienced and informed Mem-
bers of Congress with respect to the mmtary
budget. Congressman MAHON has been on
this Military Subcommittee for over 17 years.
First, on January 16, the President said,
"this is a carefully balanced budget--well
adapted to the needs of the present and the
·:future."
On January 17, however, his own Secretary
of the Treasury said, "There are a lot o!
places tn this budget that can be cut."
On January 24, the President then shifted.
He said: "Congress has the duty to cut the
budget."
1957 CONGRESSIONAL RECORD - HdUSE
But later, on April .3, the. President said
there was l{O chance for a substantie,l cut
such as $2 1:51llion. ·
But the very same day, Assistant Secretary
Burgess of the Treasury Department stated
he believed the budget should be cut 2
to 3 billion dollars.
Later, the President was reported as saying
the budget was right and he intended to fight
for it.
But only this morning, on the radio, it was
stated that a compromise was to be made;
and that the administration would be will-
ing to cut $500 million out of the foreign aid
program.
Now I ask you: What is a Member of Con-
gress to think?
Obviously the Congress ts at sea as to
where, and to just what extent, the President
believes a particular department should be
reduced.
But we do have some guidance from some
of our Members. Based on Representative
McCoRMACK's remarks, Congressman MAHON's
position, and statements made on a telecast
last night by Chairman RussELL, of the Sen-
ate Armed Services Committee, and above all.
the conclusions of the administration's own
Cordiner Manpower Committee, it is clear
a tremendous amount can be saved for the
American taxpayer annually if the admin-
istration will go through with those savings
that can be made without any sacrifice what-
ever to national security.
According to one of our outstanding mili-
tary associations, however, the Air Force As-
sociation, the Bureau of the Budget has
turned back as unsatisfactory the Defense
Departments' draft of legislation designed to
put the Cordiner proposals into operation.
This action was taken, according to Mr.
John P. Henebry, president of that associa-
tion, in the face of assurances by Secretary
Wilson that the proposed legislation would
require no increase in the defense budget
already submitted to Congress.
Further, the proposed legislation was re-
jected with the knowledge that it repre-
sented the unanimous opinion of the Secre-
tary of Defense, the Secretaries of the three
military departments, and the Joint Chiefs
of Staff, as an essential contribution to the
Nation's defense.
Let me emphasize that this is not a prob-
lem of the Air Force alone-:-but one which
impacts equally upon the combat effective-
ness of the Army. Navy, Air Force, and
Marines.
I, for one, am not averse to manpower
management suggestions from one of the
world's greatest industrial experts, designed
to save $5 billion, with no decrea£e whatever
1n our military strength; and at this session
I intend to introduce legislation to that end.
In fact, I already have such legislation in
draft status.
We owe it to ourselves and to the Nation
to countenance no further delays in carry-
ing out a program for maximum utilization
of military manpower at minimum cost.
More Soil-Bank Inequity
EXTENSION OF REMARKS
OF
HON. BURR P. HARRISON
OF vmGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957
Mr. HARRISON of Virginia. Mr.
Speaker, the report of the Department
of Agriculture. dated May 7. 1957, sum-
marizing contract commitments for the
conservation reserve of the soil bank,
estimates that the 1957 obligations of
6727
the Federal Government for annual and The purpose of this ·legislation is to
practice paymen~ in the conservation further clarify the authority of the
reserve will total $108,317,000. Maritime Administration to insure mort-
When we study the figures for indi- gages on eligible ships under title XI of
vidual States, we find that Texas. with a the Merchant Marine Act of 1936. Ap-
population of 7,700,000 in the 1950 cen- proval of this bill will enable the Mari-
sus. stands to receive $27,277,000-more time Administration to insure a ship
than the estimated payments to be due mortgage. where the mortgage, instead
37 other States having a total population of being executed at the time the vessel
of 121 million. is completed, is executed sometime later
Texas is understandably proud of its and the proceeds therefrom are used to
right, acquired on admission to the finance the building of additional ships.
Union, to divide itself into up to five Adoption of this bill will make it pos-
separate States, at iw discretion. On sible for shipowners with heavy replace-
this basis, it might be that Texas would ment obligations to fulfill these obliga-
expect to receive as much in cash bene- tions at a minimum cost to both the
fits as five other States. Can it be said, Government and the operators by allow-
though that a program is economically ing owners to · take advantage of the
sound and equitable when one State ac- economies of long-range and sound
quires claim to a greater payment than
financial planning. With the deferred
the combined amounts expected to be mortgage commitment the shipowner
due 37 other States? can avoid present high interest rates by
Here are the Department of Agricul- using funds in his capital reserve fund
ture figures for the 37 States and for to pay in full for new ships, and then
Texas: when interest rates become lower he
could mortgage the existing wholly
Rhode Island------------------- ----------
Nevada ____________________ Less than $500 owned ship to provide funds for the
Connecticut___________ _________ 3, 000 building of additional new vessels.
New Hampshire_________________ 14, 000
There is substantial opinion indicating
Massachusetts__________________ 15,000 that Congress intended this policy of de-
West Virginia___________________ 18, 000
Delaware_______________________ 35,000 f erred mortgage commitments but this
Vermont-----------------------· 51, 000
legislation will lay at rest any questions
NewJerseY--------------------- 136,000 potential lenders might have concerning
Virginia------------------------ 144,000 this application of the mortgage insur-
Arizona________________________ 162,000 ance provisions of title XI of the Mer-
Louisiana ______________________ , 235, 000 chant Marine Act.
Maryland----------------------· 307, 000
Washington--------------------· 352, 000
Wyoming----------------------· 371, 000
Illinois_________________________ 439, 000 How To Cut the Cost of the Trinity River
California ____ :__________________ 525, 000
Idaho__________________________ 608,000 Project
Pennsylvania___________________ 626,000
Indiana________________________ 634,000 EXTENSION OF REMARKS
Maine-------------------------· 677,000 OF
:KentuckY----------------------· 698,000
Ohio---------------------------
North Carolina__________________
699,000
779, 000
HON. CRAIG HOSMER
OF CALIFORNIA
Florida------------------------· 968,000
Oregon------------------------- l,069,000 IN THE HOUSE OF REPRESENTATIVE'S
MississippL-------------------- 1, 100, 000 Thursday, May 9, 1957
Iowa--------------------------- l, 168, 000
Montana----------------------- 1,179,000 Mr. HOSMER. Mr. Speaker, our col-
Utah---------------------------
Alabama _______________________ 1,208,000
1,227,000league, Representative JAMES B. UTT, of
Arkansas _______________________ 1,263,000California, recently reported in cogent
words to his constituents just why the
Tennessee----------------------
Nebraska _______________________ 1,502,000
1,668,000 United States taxpayers would be better
Michigan----------------------· 1, 866, 000 off by partnership in the Trinity River
South Carolina _________________ , 1, 892, 000 project. His words are of such force
New York----------------------· 2, 223, 000 that I believe their benefit should be
Total ____________________ 25,861,000 shared with all our colleagues by inclu-
sion in this RECORD. His report follows:
Texas-------------------------- 27,277,000 WASHINGTON REPORT
(By Cong,ressman JAMES B. UTr)
Last year Congress authorized the Trinity
River project in California at a cost of $225
A Bill to Amend Title XI of the Merchant million. This project provided for the trans-
Marine Act of 1936 mountain diversion of some 865,000 acre-feet
from the Trinity River to the Sacramento
River below the Shasta Dam. There is a total
EXTENSION OF REMARKS water drop of 1,500 feet. This would provide
w~ter power sumcient to generate 385,000
OF
kilowatt-hours.
HON. THOR C. TOLLEFSON The act directed the Secretary of the In-
terior to proceed with negotiations for the
OF WASHINGTON sale of the falling water to a private utility
IN THE HOUSE OF REPRESENTATIVES and report the result of these negotiations
with his recommendations. The nego-
Thursday, May 9, 1957 tiations could not come effective until ap-
proved by Congress. The Pacific Gas & Elec-
Mr. TOLLEFSON. Mr. Speaker, un- tric Co. was the only company which offered
der unanimous consent, I include in the to negotiate such an agreement. .They of-
CONGRESSIONAL RECORD a brief state- fered to construct the powerplants and op-
ment on the purpose of legislation which erate them for a period of 50 years subject
I introduced today. to renewal or recapture of the powerplants
6728 CONGRESSIONAL RECORD - HOUSE May 9
by the Government. They agreed to make an Human Events, of Washington. D. C., for Porelgn policy has been, since the war, the
average annual payment to the United States
March 16,. 1957. - most.appealing; way ro continue big spend-
of $4.617,000 for the privilege of having theMy purpose in writing the article was ing and to render the opposition helpless to
water .pass tmough their turbines wlthoui
any consumptive use of the water. to paint out that the spending oligarchy resist the machine for which spending pro-
vides the fuel. Foreign policy is the postwar
in Government uses foreign aid,. as WPA WPA of the Socialist planners, .except that
This payment is equal to $5.33 per acre-
foot, which figure is considerably higher used relief funds, to make a political ma,.. postwar spending is geared to the high levels
than the farmer will pay per acre-foot forchine or superparty, which operates in we were conditioned to accept by the war
the full consumptive use thereof. They our Congressional districts above both propaganda.
agreed to integrate their system with that. of
parties. to elect or defeat candidates for Our foreign policy today ls a series of out-
the Central Valley project. They further Congress in accordance with their sup.,. lets, sometimes called "ratholes," carefully
agreed to provide energy on an exchange
basis from the company's system to operateport of Government spending, and in planned to help the spenders keep on spend-
complete disregard of whether they truly years ing. The Republicans saw this clearly 13
project pumps including those in the pro- ago.
represent their constituents.
posed Feather River project in order to make In June 1943, the State Department pub-
more commercial power available for sale by There being no objection, the article lished the proposed -text of the first gigantic
the Government to its preferred customers.was ordered to be printed in the REC• postwar spending program-that for UNRRA.
This would also allow the Federal Govern- ORD, as follows: Senator Vandenberg read the proposal and
ment to use the company's transmission
facilities to serve Federal and preferenceHow You CAN STOP BIG SPENDING-CONGRES- found it was planned as an executive agree-
customers for 50 years at a charge less than SIONAL DISTRICT THE BASTION OF LIMITED ment, to bypass the Senate. He wrote to
· GOVERNMENT Senator McNary as follows:
the cost to the Government if it owned the
facilities required for this service. (By Senator WILLIAM E. JENNER, Republican, · "It seems to me that this draft agreement
On February 12, the Secretary of the Inte- of Indiana) involves the broadest possible commitments
rior transmitted the proposed agreements to The American Government served the in- for the future • • • and leaves us (as usual)
the Congress and recommended joint de- terests of the people when it was limited gov- to pay the bills without any adequate con-
velopment of Trinity water resources. If ernment, operating within restraints set by trol over what the bills ought to be. I think
his recommendations are accepted by Con- the Constitution. But the American Gov- this is clearly a preview of the method by>
ernment does not now need to serve the which the President and the State Depart-
gress, it would save the Federal Government
a capital outlay of $55 V:z million for the
national interest. It is today an unre- ment intend to bypass Congress in general,
power plants, and provide in the 50-year strained oligarchy whose ability to ignore and the Senate in particular, in settling every
Congress and the Constitution comes from possible international war and postwar issue
period total additional revenue to the Fed-
eral, State, and local governments of $310 ~y the use of mere executive agreements."
spending your money.
million or $85' million more than the pro- Our great mistake is our naive assumption A few days later Vandenberg wrote: "As
that we have the same Government today ~twas originally drawn, this draft agreement
posed cost of the whole Trinity River project,
that we had from 1'789 to 1932. We do not :pledged our total resources to whatever illim-
and the Federal Government would still have
$150 million worth of water to sell to thehave the same Government or anything re- itable scheme for relief and rehab111tation all
farmers over that same period of time. motely like it. The American Government around the world our New Deal crystal gaz-
of today bears almost no relationship to the ers might desire to pursue • • •. The draft
If the Federal Government generates this
power, it would first have to invest an addi-
one we knew from 1789 to 1932. • • • clearly intended that there shoul{l be
tional $55 V:z million in generating equip-. TP,is new American Government has one no interference with this worldwide pro-
objective-to keep Itself in power by spend- spectus as it might be conceived by Roosevelt.
ment, plus the cost of a power distributing
system and would then sell the power belowing. Its objective is the same today as it Lehman, Hopkins & Co., until that long last
its true market value under the preferencewas in the days of Harry Hopkins-tax and moment when Congress would be prasented
clause to less than 5 percent of the people
tax, spend and spend, elect and elect. with a fait accomplL At that late hour it
of California, or less than one-third of 1 per- would be next to impossible for Congress to
cent of the people of the United States who We cannot understand the political crisis do anything except acquiesce."
actually would be :ftnancing the project. of today unless we understand how com-
pletely our Government has been trans- Why did the spending continue if the de-
This very small group of individuals, as a
formed.
class, who receive this benefit, perform no The three-part Federal Govern- sign was so clear, nearly 14 years ago? It is
ment of the Constitution is still there, but all so simple. Every time one spending pro-
special service whatever for the Govern-
ment. The advocates of public power are something new has been added. A vast gram became a little, spotted and frayed at
always saying that these great natural re-engine of political and police power has been the edges it was closed out, and a glittering
buiit up, in and around and above the old new spending program was brought forwardA
sources belong to all of the people and yet
Federal executive branch. The names of the These new models for waste of American
come up with the inconsistent demand that
a very few people in the immediate area old-line agencies are t"1e famiiiar trusted money are not trotted out to impress Con-
facade behind which this new Leviathan can gress. They are trotted out to be put on the
should rea.p all of the benefits at the expense
op·erate, almost invisible to Congress and the propagand~ conveyor belts, leading out into
of the rest of the country. I feel that the
press. every State, to the women's clubs, the
American taxpayer who financed this project
is entitled to recover the full return of hisThe strength of this new governing ma- churches, the colleges, ·the unions, the press
chine can be measured by its resources. It and radio. This "show" is managed by ex-
investment and to apply any proft therefrom
to additional conservation projects. controls at least one quarter of our entire perts in what is called "the engineering of
national wealth. It converts at least one consent.'' who know how to keep the viewers
I! Congress does not approve this proposed
quarter of our earnings into political and happy, and how to make taxpaying almost
contract and decides to generate and sell the
power, I shall propose an amendment that police power over you and me. The pri- pamless.
mary aim of this monstrous growth is to Obviously Members: of Congress know their
the rates to be charged shall be sufficiently
high to permit the Government to pay an secure its stream of tribute, and to keep the districts are being saturation-bombed by
voters from protesting effectively. these flying squadrons. But they have no
amount equal to-what the company would
have paid . to State and local governments, We, have wasted a great deal of precious money or staff or patronage to counterattack.
time, denouncing Franklin Roosevelt, Harry
for the support of schools, churches, roads The spenders in the executive branch
and other necessary services supplied the Truman, and Dwight Eisenhower, for the know the Congressmen will be either con ..
growth of this Frankenstein's monster. We verted or defeated by their mass propaganda.
State of California and other local govern-
are not going to put an end to a political So why worry?'
ments. This in itself would a.Inount to over
a million dollars a year. tidal wave, which has swept over five conti- Now this adds up to one simple fact. We
nents, merely by denouncing individuals. shall never rid ourselves of big spendina or
The trend to strong central government ls big Government by arguments that bthe
worldwide, and it springs from two world money is wasted. The money is not wasted.
wars and the lure of Socialist big govern- Every dollar the spenders can get is spent
Federal Spending ment. I believe American political leaders to very good purpose from their point of view.
could have resisted that trend and helped Like WPA money, it buys political support
EXTENSION OF REMARKS the rest of the world to erect bulkheads. for big spending. It builds up vested inter-
OP against the erosion of liberty. But it is not ests and the vested interests carry on the
too late. campaigns for niore spending. What could
HON. WILLIAM E. JENNER Let us now forget the reasons for bitter- be more logical than that?
ness and put our minds on the important Now, you will say that "foreign aid" can-
OF INDIANA
question-how can Americans use their mag- not _atfect domestic elections. But that. is
IN THE SENATE OF THE UNITED STATES nificent heritage of good governme-nt and where words fool you. Most of the foreign
Thursday, May 9, 1957 their long experience' with liberty, ~ put aid money is spent ta buy products which
their own house in order. and to offer once are important polttieally-wheat, coal. radio,
Mr. JENNER. I ask unanimous con• again a model to which the rest of the world engineering, shipping and many others,
sent to have printed in the CONQREs .. will turn in hope? I have pointed out many times, that our
SIONAL REcoRD an article ~ published· iQ. We must start with our foreign policy. hidden absolute Government operates lnde•
1957 CONGRESSIONAL RECORD - HOUSE
pendent of the liglslative, exec~tlve or .Judi· ' I believe that the 'distinguished judge' part
cial branches set up in the Constitution.
To understand what we have to fight-we :
must add one more diagram showing the -
change in our political system.
our two-party system has not been
abolished. It has simply been enveloped
by something much more powerful. The
spending oligarchy in Government operates
as a political superparty, by its ability to
direct this constant stream of invisible
propaganda into our political districts. The'
political parties try to operate as in the past,
by vigorous local organization, all unaware ·
of the hidden forces which pull down the .
constitutionalists, and push upward the men
who have sold their birthright.
The only political power in the Nation
stronger than this colossus on the Potomac
with its $70 billion a year is the con-
gressional district. The voters can end its
power in their own congressional district
any time they take the trouble. · If there is any charge, please advise me.
The spenders will not cut spending of
their own free will. It is your problem to
organize so that no man can be nominated
in your congressional district unless he has
pledged himself to cut sper..ding where it
hurts-where the vested interests will p~n- .
ish hini for taking away their easy money.
But he must have protection against their
wrath. On1y you can give it to him.
Such an uprising will succeed if our angry
people combine by congressional districts.
and State party organizations, to make sure
party nominations go only to men who are
truly devoted to the Constitution, and who
are ready to fight spending in all the forms
the spenders love to devise. · v. Alden Whitman.
Members of Congress either have no power,
or they have the greatest political power in
the Nation. Senators and Representatives
have no power of their own. Their only
power is what they get from their active
constituents.
When his constituents have been brain-
washed by the spenders into believing for-
eign aid is an elixir guaranteed to cure all
illnesses, a Senator or Congressman has no
power and no influence. He is like an
ambassador, all dressed up in uniform and
gold braid, whose country has been takeri
over by subversion. He must go over to the
enemy, or resign.
Congress is powerless, or very powerful. It
will be very powerful only if the men sent
to Washington as representatives are the
front line of an angry, determined, well-
organized, and devoted band o{ patriots,
working together to make each district into·
a fortress fighting to the bitter end in de-
fense of American liberty. · the Blst Congress, 2d session, provided that of OTC membership would in fact place
Recent Decision in the United States Dis-
trict Court for the District of Columbia
Again Rules Congress Has Power To
Investigate Communist Party and Those
Who Are Members Thereof
EXTENSION OF REMARKS
OF
HON. CLYDE DOYLE
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, M~y 9, 1957
Mr. DOYLE. Mr. Speaker, by reason
of unanimous consent heretofore granted
me so to do, I am pleased to place the full
text of rulings of the court in the re-
cently decided · case of United States of
America against Alden Whitman. - its numerical strength at various times as This could not be done so far as the
CIII--424
6729
Of an inquiry into the extent of the ·
of the United States District Court for · activities of the Communist Party and the ,
the District of Columbia, Washington, legislative means that might be appropri·
D. C., makes some interesting and indica- ate for dealing with such activities.
· Inquiry as to the number o! persons who
tive comments in his rulings which I am are Communists and who they were between ·
sure will be of immediate interest to every 1935 and 1948 was pertinent to such in-
Member of this great legislative body. vestigation. If the committee of the Sen·
· As a member of the House Un-Ameri- ate is denied the opportunity of ascertain·
c'an Activities Committee, I am pleased ing the present and past membership of the ·
t0 b bl t t th f 11 t t f th" Communist Party, it might well be stymied
e a e 0 presen e u ex o is in making the proper recommendations to
r'eceiit court decision to you and all my the Congress of the United States. This
other colieagues: c.ourt, therefore, holds that the resolution·
MAY 3, 1957. authorized the committee to ask the ques-
Hon. EDWARD M. CURRAN, tions asked the defendant in the particular
United States District Court, context in which the committee propounded·
Washington, D. C. them and the questions were pertinent to.
MY DEAR JUDGE CURRAN: I would very much a valid legislative purpose. I, therefore, find
appreciate receiving a copy of the decision, 1! the defendant guilty. The case will be re-
possible, in the case wherein Alden Whitman ferred to the probation officer for a report,'
was convicted of contempt of Congress. but I will defer the imposition of sentence.
until the Watkins case is decided.
· Thank you very much. Mr. Hrrz. Would Your Honor indicate how
Sincerely yours, you rule on each count?
CLYDE DOYLE, The COURT. Guilty on all counts.
Member of Congress. (Whereupon, at 3 p. m., the matter was
concluded.)
UNITED STATES DISTRicT COURT,
FOR THE DISTRI.JT OF COLUMBIA,
Washington, May 8, 1957. OTC and the United Nations
Hon. CLYDE DoYLE,
United States House of Representatives,
Washington, D. C. EXTENSION OF REMARKS
MY DEAR MR. CONGRESSMAN: Pursuant to O:F
the request in your letter of May 3, 1957 ,.
there is transmitted herewith copy of the HON. HENDERSON LANHAM
court's ruling in the case of United States OF GEORGIA
·With kindest regards and best wishes, I IN THE HOUSE OF REPRESENTATIVES
am, Thursday,' May 9, 1957
Sincerely,
EDWARD M. CURRAN, Mr. LANHAM. Mr. Speaker, since the
Judge. State Department signed the Articles of
Agreement on the OTC-Organization
IN THE UNITED STATES DISTRICT COURT FOR' for Trade Cooperation-in Geneva in
THE DISTRICT OF COLUMBIA-UNITED STATES 1955 and the subsequent submission of
OF AMERICA V. ALDEN WHITMAN, DEFEND- the OTC to Congress for approval, a
ANT-CRIMINAL ACTION NO. 1213-56
sharp controversy has developed over
WASHINGTON, D. C., April 9, 1957. the position that would be occupied by
The above-entitled cause came on for ·fur- the OTC should it actually be set up.
ther trial before the Honorable Edward M. The signature of the Articles of Agree-·
(Jurran, District court judge, at 10 a. m. ment was simply a formality and United
Appearance: William Hitz, Esq., assist-
ant United States attorney, for the Govern- States membership in the OTC was made
ment; Thurman Arnold, Esq. and Gerhard subject to congressional approval.
P. Van Arkel, Esq., for the defendant. The last Congress failed to act on the
RULING OF THE COURT OTC but hearings were held before the
House Committee on Way., and Means.
· The COURT. I am ready to rule now. The opposition contended that approval
· The resolution, Senate Resolution 366 of
the Committee on the Judiciary, or any great powers into the hands of the Or-
duly authorized subcommittee thereof, was ganization-OTC-sitting in Geneva at
authorized and directed to make a com- the expense of the authority of our own
plete and continuing study and investiga- Congress to regulate the foreign com-
tion of ( 1) the administration, operation, merce of the United States. The United
and enforcement of the Internal Security States, it was pointed out, would have
Act of 1950; (2) the admin istration, opera-
tion, and enforcement of other laws relat- only one vote. Should all present GATT
ing to espionage, sabotage, and the protec- members join the OTC, this country
tion of the int ernal security of the United would have only 1 vote out of a total
States, and (3) the extent, nature, and effect of 35.
of subversive activities in the United .States, · The supporters of the OTC, on the
its Territories and possessions, including but other hand, claimed that the OTC would
not limited to espionage, sabotage, and in- have no supranational powers; that in
filtration, by persons who are or who may fact it would have no powers that are
be under· the domination of the foreign
government or organizations controlling the not now being exercised under GATT-
world Communist movement · or any other General Agreement on Tariffs and
movement seeking to overthrow the Govern- Trade-and that OTC would merely pro-
ment of the United States by force and vio· vide GATT with an administrative arm.
Ience. · On its part the opposition cited article
The Congress of the United States has the 11 of the OTC articles of agreement as
power to investigate the history of the Com- showing the real intent and direction of
munist Party, and ln this connection it has
the power to determine who are members our Ptoposed participation in the OTC.
of the Communist Party. The committee Article 11 provides that the OTC may be
has the power to investigate the growth or brought into relationship with the
the decline of the Communist Party and United Nations as a specialized agency.
6730 . CONGRESSIONAL ~CORD - - HOUSE
United States is concerned without our cations of the intent of the OTC. It is
own consent; and the Ways and Means something quite different to get the un-
Committee last year amended the bill guarded revelation of what is really in
that proposed OTC membership.by pro- the minds of the moving forces behind
viding that only Congress could give the the OTC.
consent of the United States. In view of the great interest in the
However, the position of the United question of what would be the real status
May 9
Columbia, which was held in the Shera-
ton. Park Hotel, Washington, D. C.
Representative BAILEY'S address follows:
ADDRESS OF THE HONORABLE CLEVELAND M.
BAILEY, VICE PRESIDENT OF THE WEST VIR-
GINIA SOCIETY OF THE DISTRICT OF COLUMBIA
ON PRESENTATION OF . A PLAQUE TO EDGAR F.

States would not be the ruling consider- of the OTC if it were se p, I include KAISER, ADOPTED SON OF WEST VIRGINIA,
ON MAY 4, 1957
ation. The OTC could bring Itself under the U. N. resolution referred to, as
the u. N. "by an agreement approved by follows: Mr. President, my colleagues in the Con-
gress, other honored guests, officers and
the assembly"-article 11 (b) OTC arti- UNITED NATIONS AsSEMBLY RESOLUTION ON
members of the West Virginia Society of the
cles of agreement. THE DEVELOPMENT OF INTERNATIONAL Eco-
NOMIC COOPERATION AND Ex.PANSION OF IN-
District of Columbia, fellow West Virginians:
What does this mean? How would TERNATIONAL TRADE
The task assigned me tonight is a. distinct
the OTC make an agreement with the pleasure. Knowing, as I do, the vast poten-
U. N. to become a specialized agency On February 20, 1957, the United Nations tials of my State in the way of natural and
General Assembly adopted a resolution ( 55 human resources and of its susceptibility to
thereof? The answer is to be found in in favor, 7 against, and 4 abstentions). The
article 5 of the articles of agreement- industrial development, I speak for every
substantive part of the resolution reads as West Virginian when I say, "We welcome
that is, a clue to the answer is to be follows: with open arms" the presence in our State
found there, not a definitive answer. "1. Urges the governments of member of the world-wide Kaiser affiliated com-
Article 5 says : states to continue their efforts to reduce panies.
existing barriers to h;1 ternational trade in a The decision of this great concern, with its
The assembly (of OTC} shall establish its mutually satisfactory manner for the purpose
own rules of procedure. farfiung network of industries to locate
of expanding such trade at the fastest feasi- one of their major operations at Ravenswood,
Therefore the OTC could make an ble rate and, in particular: W. Va., was indeed a godsend to the lagging
agreement with the U. N. by a procedure (a) To continue to work toward this ob- economy of my State which at the time was
jective through the international organiza- staggering under the loss of markets for its
not yet known or established and such tions which are working successfully for the
agreement could be approved by the expansion of world trade, and to continue vast production of bituminous coal. Oth-
OTC under procedures not yet known or · to avail themselves of services offered in the . ers of its industries were menaced by foreign
imports. The situation in 1954 was one of
established. field of trade by these organizations: gloom and despair.
Thus it is obvious that the OTC could "(b) To reduce or remove restrictions Today our major industry, coal, has picked
become a specialized agency of the U. N. and/or discrimination with regard to trade up some export business and is getting baek
and payments as soon as their balance-of-
without the consent of the United States payments to normal. A smile has replaced the look of
unless procedures not yet adopted and ing due regard and reserve positions permit, hav- despair in the face of our industrial leaders.
to the special problems aris- I attribute this to the realization on the
the character of which must remain un- ing from the economic development needs of
known until they are adopted, would the less developed countries; part of giant industrial concerns like this
one that there are great possibilities in West
make this impossible. This is most un- " ( c) To conduct their trade policies with Virginia. Now that the Kaiser industries
likely. · due regard to their possible harmful effects has, so to speak, "broken the ice", we may
It could, of course, be said that the on the economies of other countries, espe- well''expect others to take advantage of our
United States would not be obligated to cially countries which are dependent on great resources and available. labor supply.
recognize the subsidiary relationship of exports of relatively few commodities;
"(d) To follow internal economic, mone-
· The Kaiser aluminum organization is in-
the OTC to the U. N.; but it is not diffi- tary and fiscal policies which promote high . vesting in Ravenswood, W. Va., $200 million
cult to foresee the position into which levels of production, employment and in- for the construction of facilities which will
include a fully integrated reduction plant,
this would place us. vestment, keeping in mind the relationship a sheet mill, and a foil rolling mill.
The outcome of such issues is often between such internal policies and the possi- During the first phase of construction, they
determined by the atmosphere under b111ties of expanding world trade; are employing 800 West Virginians. These
which partfoular steps are taken. With "2. Endorses .Economic and Social Council . three ·plants will be completed in 1958.
the other members favorable to the U. N. Resolution 614 (XXII) of August 9, 1956, and
requests the council to continue to give par-
When the project is completed, they ex-
link and with ·our own State Department ticular attention to developments in the pect to have 6,000 West Virginia employees
strongly inclined in that direction, the field of international trade; to operate the facility.
As of today, the total number of em-
leverage on Congress would be very pow- "3. Looks forward with interest to the ployees in the Kaiser aluminum is 18,000.
erful. establishment of the Organization for Trade When the ·6,000 West Virginians are added
As a sample of the climate in this Cooperation and urges states members of next year, the total will be 24,000 persons.
the United Nations and members of the spe-
matter nothing could be more revealing cialized A fourth of their entire organization will be
agencies to act with a view to ap- composed of West Virginia residents.
than a resolution recently adopted by the proving the agreement establishing the Or-
United Nations. There is no indication ganization for Trade Cooperation." · In 1947,· when Kaiser first entered the
. aluminum field, their net sales were $45
that the American representative to the Source: United Nations press release GA/ million; their net earnings were $5 million.
U. N. either abstained or voted against 1450, February 20, 1957. In 1956, their net sales were $300 million,
the resolution. I call attention to the with net earnings of $38 million.
third numbered paragraph. It says the When completed, this facility will burn
General Assembly of the U. N. "looks 1,660,000 tons of West Virginia bituminous
forward to the establishment of ·the Or- Edgar F. Kaiser coal annually. This will greatly stabilize our
ganization for Trade Cooperation and coal industry, give us added purchasing
urges states members of the United Na- power, and stimulate business generally.
EXTENSION OF REMARKS The man our society seeks to honor to-
tions and members of the specialized OF night is Edgar F. Kaiser. The name, Henry
agencies to act with a view to approving J. Kaiser, is a household name throughout
the agreement establishing the Organi- HON. ROBERT C. BYRD the Nation. Our honored guest is, as we
zation for Trade Cooperation." OF WEST VIRGINIA quite often say in West Virginia, "a chip off
This affords a fair idea of the real in- the old block." He is one of the Nation's
·IN THE HOUSE OF REPRESENTATIVES youngest major industrialists, possesses all
tent with respect to the OTC and the
i·eal twnd toward bringing the regulation Thursday, May 9, 1957 of the business acumen, energy, and devo-
tion to accomplishment that has character-
of international commerce under the Mr. BYRD. Mr. Speaker, I am pleased ized his famous father, Henry J. Kaiser . .
sway of the United Nations. to call attention to the address of my At 48, he is responsible for the overall day-
It will take more than executive de- colleague, the gentleman from West to-day operations of a billion-dollar indus-
nials in the United States to overcome Virginia, the Honorable CLEVELAND M. trial organization-the worldwide Kaiser
the impressiQn already created and thus BAILEY, on the occasion of his presenta- affiliated companies. .
confirmed by this U. N. resolution as to tion of a plaque to Mr. Edgar F. Kaiser, Responsibility came to Edgar Kaiser at an
the underlying intent of the OTC. It is the adopted son of West Virginia. The early ag.e. He was one of the "kids" of whom
an Army engineer referred when he said,
one thing for the Secretary of State to presentation was made on May 4, 1957, "Kaiser won at Bonneville because his kids
come before a committee of Congress at the Son and Daughter Banquet of the were too green to know when they were
and deny what appear to be clear impli- West Virginia Society of the District of licked."
1957 CONGRESSIONAL . RECORD - HOUSE
The Kaiser organization, fresh from ·par-
ticipation in the building of Hoover Dam,
was warned that the raging waters of the
Columbia were a different story. The native
Indians had a legend that no man would ever
walk across the Columbia. Government
engineers were doubtful that a dam could be
built. However, the "kids" plowed ahead.
Twenty-five-year-old Edgar Kaiser was proj·
ect manager for the construction of the main
spillway. The river was diverted into half
its channel in order that the dam could be
built one-half at a time. Bonneville was
completed in 4 years, 1 year ahead of
schedule.
Edgar Kaiser's next giant step, at 34, was
shipbuilding, through which the Kaiser or•
ganization gained further international re·
nown by producing more vessels than any
other shipbuilder· in history-faster and
cheaper than they had ever been built before.
The Kaiser shipyards constructed 1,490 ships
during World War II-approximately one-
third of the entire United States merchant
shipping-turning them out in as short a
time as 4¥2 days from keel laying to launch-
ing. In the building of 819 Liberty ships
alone, Kaiser saved more than one-third of
the average time required by ·o ther Liberty
shipbuilders.
The three Pacific Northwest yards in the
Portland area, under the general manager-
ship of Edgar Kaiser, had the additional job
of producing 50 small aircraft carriers to take
the offensive against submarines and also
carry the war to the Japanese-held islands in
the Pacific. The carriers were launched at
the phenomenal rate of one a week. Admiral
Howard Vickery of the United States Mari-
time Commission called the Portland yard
not only the finest in the United States, but
in the entire world. Britain's Winston
Churchill declared that the baby flattops
were the most effective instrument in de-
stroying the submarine menace.
When the Kaiser organization went into
the· automotive business in 1945, Edgar
Kaiser, then 37, became general manager of
the company's giant plant at Willow Run,
Mich. He later assumed the presidency of
the firm to become one of the youngest chief
executives in the Nation's automobile in-
dustry.
The infant motorcar company found it
virtually impossible to buy steel and other
necessities on the open market and literally
scoured the world for materials with which
to make the 18,000 parts, whfoh comprised
their first passenger car, Mr. Kaiser recalls,
and I quote:
"We pioneered the first extensive use of
bartering in the auto business. For instance,
a radiator firm could not obtain enough cop-
per to supply l,IS regularly; the copper pro-
ducer was unable to increas'e output because
he needed additional natural gas; the gas
company could not deliver because it was
unable to obtain steel pipe; .and steel com-
panies lacked pig iron to make the pipe
because their blast furnaces were short on
coke. So, we began a series of bartering
transactions, first finding a supply of coke
for the steel producers, then trading our
way up the line, and eventually getting the
radiators we needed."
In June 1955 Edgar Kaiser appeared be-
fore a Senate judiciary subcommittee inves-
tigating the vast share of the automobile
industry held by Generar Motors, Ford, and
Chrysler. Although a major producer of
commercial vehicles and sole manufacturer
of the world-famous Jeep, Kaiser-Willys had
produced only a small perce:ntage of the
passenger cars sold in 1954. Despite this, Mr.
Kaiser said, "So long as you have the compe-
tition that exists today, there is no need to
limit the size of automobile manufacturing
companies."
An editorial in the Times, of Toledo, Ohio,
hometown of Willys Motors; commented:
"* • • Mr. Kaiser was the industrial states-
man, standing ftrmly on the American free-
enterprise system, and did n,ot cry for gov-
ernmental restrictions on his competitors to
give him a bigger place in the market."
Egdar Kaiser, the eldest of Henry Kaiser's
2 sons, was born July 29, 1908, at Spokane,
Wash., 2 years after his father had come
west. His first part-time job in the Kaiser
organization, while he still was in high school
at Oakland, Calif., was issuing material slips
to trucks delivering sand and gravel on a
paving project.
In July 1955 he returned to the sand and
gravel plant at Radum, Calif., during its 25th
anniversary. The local newspapers said edi-
torially: "If the Kaiser organization needed
an emissary to win friends, he was present in
Edgar Kaiser. • • • His manner of speaking
was earnest, sincere, with a naturalness, a
magnetic power, which instantly won him
acclaim, made people who had never seen him
before feel they were lifelong friends. • • •
It was the simplicity of his presentation
which made his message so personal, so deeply
convincing."
Ed.gar Kaiser attended the University of
California, majoring in economics, but left
college in 1930 just one-half year short of ob-
taining his degree in order to accept a posi·
tion as superintendent for a natural-gas
pipeline project linking Kansas to the South·
west oil fields, which was followed by a simi·
lar job on a pipeline from Cut Bank to Butte,
Mont. When the Kaiser organization joined
the Six Companies, Inc., in the mammoth
joint venture of its time-Hoover Dam-he
cut his teeth in dam building as boss of an
excavation crew.
Today, among his major offices, he is presi·
dent and director of Kaiser Indust,ries Corp.,
Henry J. Kaiser Co. and its operating divi·
sions-Kaiser Engineers and Sand & Gravel,
Henry J. Kaiser Construction Co., Kaiser
Engineers International, Inc., Henry J. Kaiser
Co. (Canada), Ltd., and Willys Motors, Inc:;
a vice president and director of Kaiser Alu-
minum & Chemical Corp. and Kaiser Steel
Corp.; a vice president of Permanente Cement
Co., Kaiser Gypsum Co., Inc., Glacier Sand &
Gravel Co., Permanente Steamship Corp., and
Kaiser Community Homes; vice chairman of
the board of Kaiser Center, Inc.; a director of
Industrias Kaiser Argentina, S. A., and Kaiser
Aircraft & Electronics Corp.; and a trustee
and president of Kaiser Foundation.
He is a director of the Automobile Manu-
facturers Association of Detroit, a life mem-
ber of the Automobile Old Timers, New York,
and the Washtenau Historical Society, Ann
Arbor, Mich.; a trustee of the A. M.A. Auto-
motive Safety Foundation, and the San Fran-
cisco Bay Area Council; the Toledo, Ohio,
Museum of Art, and a member of the follow-
ing clubs and associations: Arlington Club,
Portland, Oreg.; American Society of Civil
Engineers, New York; Big C. Society, Uni-
versity of California; Claremont Country
Club, Oakland, Calif.; Chi Psi Fraternity;
Commonwealth Club of California, San
Francisco; Detroit Club, Detroit; the Recess
Club, New York; the Newcomen Society of
England, American branch, Automotive En-
gineers, New York; Society of Naval Archi-
tects and Marine Engineers, New York; and
the Toledo, Ohio, Chamber of Commerce.
Mr. Kaiser was married to the former Sue
Mead in Washington, D. C., in August 1932.
They are the parents of six children; Carlyn
(Mrs. Raymond D. Wehle, of Honolulu, T. H.);
Becky Ann, a student at Stanford University,
Palo Alto, Calif.; and Gretchen Fosburgh,
Edgar F., Jr., Henry Mead, and Kim John,
who resid~ at the Ka~ser home at Lafayette,
Calif.
The West Virginia Society of the Distrkt
of Columbia wishes ·at this time to add just
'6731
one more honor to the score or more you
have already acquired in your eventful ca-
reer. We wish to make you one of us. It is
with this thought in mind that our society
has asked me to welcome you as an adopted
son of West Virginia by presenting you this
plaque in appreciation of your personal
achievements, and the accomplishments of
the vast industrial empire you so ably ad•
minister.
May I assure you of our deep apprecia·
tion. Our ·thoughts and best wishes wm
always be for our adopted son.
American Labor and Industry Must Be
Protected ,
EXTENSION OF REMARKS
OF
HON. JAMES T. PATTERSON
OF CONNECTICUT
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957
Mr. PATTERSON. Mr. Speaker and
my other distinguished colleagues, today
I introduced in the Congress a revised
import-quota bill based upon an entirely
new formula that is designed to provide
our domestic industries, at long last, with
protection from low-priced, • foreign-
made products that undersell our own
wares and hence inflict injury upon
American labor and free enterprise.
-This bill, which I refer to as a self-lib-
eralizing quota bill, is the result of
mopths and months, and even years, of
intensive study, and I believe that if this
body enacts the measure into law it will
provide a .long-sought solution for our
domestic industries and the great Ameri-
can labor force that constantly face in-
jury from imports.
Mr. Speaker, this self-liberalizing
quota idea is unique in certain respects,
and I believe that a comprehensive ex-
planation should be made of the measure
here at the outset. Therefore, I have
prepared the following justification
statement:
JUSTIFICATION FOR A SELF-LmERALIZING QUOTA
BILL
As opposed to free trade there are vari-
ous restrictive practices which are used
to curtail imports especially if excessive
imports of a special type tend to injure a
domestic industry producing a like com-
modity.
Under the trade liberalization move-
ment initiated by the United States in
cutting tariffs under the various recip-
rocal trade agreements acts as well as
by the progressive reduction of 15 percent.
of tariffs as of January 1, 1955, there are
certain specific safeguards in the tariff
law to protect American producers of
commodities imported in excess or in
quantities injurious to domestic pro-
ducers of similar or competitive products.
These consist of the escape and injury
clauses as well as the newer appeal pro-
cedure to the Office of Defense Mobiliza-
tion under section 7 of the Trade Agree-
ments Act on the grounds of defense
· essentiality.
Opposition to excessive imports of vari-
ous commodities has been crystallized in
6732 CONGRESSIONAL RECORD - HqusE
various proposed bills dealing with re ..
strictions of imports. Generally these
bills are of various types :
F'irst. All products or a selected list of
products are placed on an absolute quota
of imports.
Second. An import is established as a
percentage of United States consump ..
tion. This percentage changes accord ..
ing to the commodity.
Third. A variable quota is allowed,
based on the relative productive cost in
areas of so-called cheap labor. In other
words a quota or added tariff is added
to off~et the low labor cost of imports.
Fourth. Our current tariff law, with a
few quota exceptions for agricultural
commodities, allows for an additional
tariff levY to be assessed if it can be
proved that excessive imports tend_to in ..
jure a domestic producer of a llke or
competitive product.
In general, these quota proposals go
contrary to the concept of the progres-
sive and expanding economy of· the
United States with its ever-increasing
needs for imports. The growing. gross
national product here at home and
abroad takes cognizance of the fact that
increasing consumption and industrial
expansion cause an increasing and pro-
gressive expansion of international trade.
Certainl¥ if we wish to export, and no
one can gainsay that fact, we must also
be prepared to import.
It is not in the area of raw materials
but primarily in the field of manufac-
tured items which we import, that in-
jury results wherever imports of cert~in
commodities in excess of our consummg
needs tend to displace domestically pro-
duced goods of a similar or competitive
nature.
In general, our import system has
worked very well during the postwar
years. Under the provisions of our tariff
law certain specific procedures have been
originated by which domestic producers
can have a restriction put on imports by
an increase in tariffs. Of° the various
appeals against injury, or applications
for relief by the addition of increased
tariffs, the Tariff qommission and the
Office of Defense Mobilization have actu-
ally granted an increase in tariffs in a
few notable cases-namely bicycles and
Swiss watches. In many other cases
these applications for relief have been
disallowed after finding has been made,
subsequent to hearings held on the sub-
ject. that imports have been such as not
to injure domestic producers of like
products.
The problems of excessive imports in
some fields are gaining in intensity and
many domestic producers are becoming
alarmed at the continued tendency of
imports increasing due to the progressive
lowering of tariffs. Currently, quite a
few of our industries are beginning to
complain that excessive imports continue
to injure their domestic industries. If
the trend continues, the net result may
be a permanent cessation of domestic
production of such commodities. The
continuing deleterious results are already
very evident in those areas of our coun-
try producing textiles. fabricated rubber
products. bicycle, woodscrews, ball bear-
ings, firearms, watches, pins, needles,
copper and brass ll)ill products as well
as wire mill products, and plywoods.
Singly, our industries are told that they
are not being injured as badly as they
imagine; that they should diversify or
retrain their workers for other occupa-
tions. Most of this is wishful thinking.
The mere fact that many qualified and
trained workers leave one industry and
:find employment in another does not
guarantee the survival of the industry
driven to the wall by excessive imports.
The time has come when relief must not
be given when it is too late or when the
factory has been closed, the worker~
dispersed, and the resultant blight has
settled on a community. The time to
give collective relief against excessive
imPorts is when the applications for re-
lief pour into the Tariff Commission so
as to offset the continuing injury or to
safeguard industry's future.
American businessmen can sense a
trend long before ·the actual i;eality ma-:
terializes. Our Government should be
alive to these trends and actively a~sist
our businessmen in keeping their busi-
nesses progressive and profitable by pro-
hibiting excessive imports that could
seriously dislocate domestic industry.
It seems to me that the time has come
to reappraise the import situation and
readjust imports not by cutting or raising
tariffs, but by a realistic and positive 3:P-
proach namely by studying the quantity
and voiume of imports over a period of.
years and then deciding on a definite
procedure to be followed. This proce-
·dure should be one not merely to pro-
tect affected industries at present, but
rather should it be a positive one that
will also foresee possible injury in other
areas and hence will eliminate injury or
difficulties before they actually arise.
It has been proved time and again
that raising tariffs is not the best method
of curtailing imports. Foreign traders
merely find ways of exporting either
cheaper products or others on which
profits can be made. The direct result is
that there is a continuous round of
United States industries being injured in
some fashion or other by excessive im::
ports. The trend seems to be toward a
progressive increase in imports year by
year with a resultant injury to an in-
creasing list of our industries which can-
not compete with commodities from so:.
called "low cost". al·eas.
In trade there is one concept which
makes for stability, namely the ability to
know beforehand what quantity can be
imported or exported aside from consid-
ering the various imponderables of ex:.
change difficulties, changeable tastes in
commodities, labor costs and so forth.
Stability is created when producers in
our country can know definitely what
percentage of their market can be as-
signed to imports. Whether this per-
centage of our market is large or small
assist the foreign trader to lay his plans
accordingly and at the same time allow
the domestic producer enough time
either to add new lines or to retrain
workers who might be displaced by
imports.
It is this aspecf which is central to my
bill concerning self-liberalizing quotas.
In this bill the pattern of imports is
placed on the traditional basis; that is,
May 9
an average is computed on a 5-year
basis; this average takes into consider-
ation the fluctuations inherent during
such a period.
The recommendation of the bill is that
the average for calendar years 1950, 1951,
1952, 1953, and 1954 shall be the import
total for calendar year 1958; average
for 1951, 1952, 1953, 1954, and 1955 shall
be the import total for 1959; average for
1952, 1953, 1954, 1955, and 1956 shall be
the import total for 1960. Since most
imports have gradually increased over
the years the import total for the new
calendar year cannot be as small as the
initial year or as large as the final year
for which statistics are available-
namely, 1956. Each year the import
total rises.
Yet in every instance where .a domes ..
tic producer has asked for relief from
the Tariff Commission or the Office of
Defense Mobilization by means of an in.:.
crease in the tariff ·rate, so as to curtail
i~ports, the result is achieved much
more easily, because the yearly import
average is now less than the total im-
ports causing distress in our domestic
production of thi;tt commodity.
Forward planning can take place be-
cause the published import figures can
be used to :figure import totals several
years in advance. At the same time these
totals show a small upward trend so
that foreign trades can look forward
to a slow expansion of trade.
The bill provides a method of relief
in cases where shortages or sudden de-
mand in case of a preparedness emer-
gency create a need for additional im-
ports or where domestic production is
insufficient to take care of the increased
needs.
The proof for stating that shortages
actually exist is undoubtedly much easier
to obtain for under this radical new pro-
cedure whenever there is an apparent
need and hearings are called it will be
much easier to establish whether un-
used productive capacity exists in this
country or not. In other words, when-
ever an apparent need· arises our busi-
nessmen will automatically be alerted or
if such productive capacity does not ex-
ist either to take steps to expand or to
import. Importations may be equally
difficult to obtain, but certainly a much
greater opportunity will be given to
establish American subsidiaries or com-
plementary industries in foreign coun-
tries. ·
Allow me to give a position or con-
crete example of the reason for this self-
liberalizing quota bill, the procedural
working out of its provisions and the pos-
sible end results.
Let us take a group of commodities
such as brass-mill products in which
categories there is currently an importa-
tion much to the detriment of American
industry and out of all proportion to our
needs.
In fact imports are creating havoc in
many of our smaller fabricating plants,
· especially in seamless tubing. In this
latter instance imports rose from 321,000
pounds of. unalloyed tubing in 1950 to
21,374,000 pounds in 1956. In alloyed
tubing the increase was from 1,629,000
pmmds in 1950 to 23,884,000 pounds in
1956.
1957 CONGRESSIONAL RECORD - HOUSE · 6733
The position as it obtains for brass Consider the comparison . to United us take the example of the commodity
mill products since 1950 in 1,000 pounds States mill shipment of seamless tubing in which imports tend to injure a domes- ·
is as follows: made of alloyed copper. During the 6- tic industry-namely the two types of
year period imports have increased 15- seamless tubing in brass mill products--
United fold with the greatest increase in the last alloyed and unalloyed, mentioned before.
Year States Imports Percent 3 years. · Seamless tubing-UnaZl_oyed-Copper content
brass mill
shipment Total seamless tubing-Alloyed copper [Thousands of pounds]
[Metal weight in thousands of pot,mds] Imports were:
1950__________________ 2, 553, 500 30,680 1. 20
29, 035 1.18 United
1950 ---------------------------- 321
1951_ _------ ---------- 2, 460, 100 1951 ---------------------------- 921
1952__________________ 2, 552, 197 56, 099 2.19 Year States mill Imports Percent
1953_ - ---------------- 2, 627, 936 46,032 1. 75 shipments 1952 ---------------------------- 5,122
1954_ - ---------------- 2, 067, 754 50,633 2. 44 1953 ---------------------------- 1, 126
1955_ _________________ 2, 532, 074 72, 067 2.84
86, 513 3.89 171i, 100 1,629 0.930
1954 ---------------------------- 5,097
1956_ - ---------------- 2, 219, 860 1950_ - ------------- ---
1951 _- - - - - - - - - - - - - - - - -
1952_ - - ------ ------- --
173, 500
196, 260
1,883
881
1,085
.448 Total-----------------------~
No wonder there is alarm amongst 210, 371
Average yearly imports for the 5-year
1953_ - - ------------- -- 7, 277 3.460
144, 841 15, lfi6 10. 463
brass mill fabricators when imports 1954_ - ------------- - --
period amount to 2,517,400 pounds. The
1951\_ - --- -- - ------- --- 168, 110 20. 707 12. 317
within a period of 6 years are more than annual import quota for calendar 1958
1956_ - - -- ----------- - - 163, 479 23,884 14. 609
3 times the 1950 importation rate. should be 2,517,400 pounds-this com-
The ratio of imports to United States In copper wire mill products the pares w~th the import total of 21,374,000
miil shipments should be carried further picture is slightly different-imports pounds m 1956 or 11.77 percent.
for the 2 major types-unalloyed and have increased only threefold over the The same method of computation is
alloyed-in 1,000 pounds. same period of time yet the increase is used to arrive at the 1959 quota:
Total brass mill products-Unalloyed copper within the last 2 years. It may be that Imports were.
[Copper content] the trend is toward increased importa- 1951 ---------------------------- 921
tions in this category of import com- 1952 ---------------------------- 5, 122
United modities with the resultant detriment to 1953 ---------------------------- 1, 126
Year States mill Imports Percent United States fabricators of the same 1954 ---------------------------- 5,097
shipments 1955 ---------------------------- 10,315
product.
Copper wire mill products
1950_ ________________
- -- - -------------_ 890, 200 18, 246 2.049 Total---------------------- 22,581
1951_ 14, !l46 1. 911 [Copper content in thousands of pounds]
782, 100
1952 __ - - -------------- 735, 380 22, 161 3. 013 Average yearly imports for the 5-year
719, !!86 12, 213 1. 696 period amount to 4,516,200 pounds. The
~6g·~= === ==============
United
726, 421 17, 538 2. 414' Year States mill Imports Percent
1955_ - - - - ------------- 888, 309 32, 840 3.696 shi_Pments
annual import quota for calendar 1959
1956_ -- - -------------- 826, 794 39, 176 4. 738 should be 4,516,200 pounds-this com-
pares with the import total of 21,376,000
1950__________________ 1, 426, 600 6,0fl6 0.425
Total brass mill products-AZZ9yed copper 1951__________________ 1, 371, 000 4, 599 .335 pounds in 1956 or 21.12 percent-the
[Metal weight] 1952__________________ 1, 370, 077 5, 565 .406 quota increases automatically.
1953_ ----------------- 1, 31)4, 631 1, 709 .122 Similarly the 1960 quota is as follows:
1954_ - ---------------- 1, 275, 201 3,450 .270
United 1955_ - ---------------- 1, 555, 579 10, 284 . 661 Imports were:
Year States mill Imports Percent 1956_ ----------------- 1, 620, 519 19, 373 1.195
shipments 1952 ---------------------------- 5, 122
1953 ---------------------------- 1, 126
It seems evident that if the trend of
o. 747 importations 1954 ---------------------------- 5,097
1950_ -----------------
1~51___________ __ _____
1, 663, 300
1, 678, 000
12, 434
14, 089 . 839 of alloyed and unalloyed 1955 --------~------------------- 10,315
1952__________________ 1, 816, 817 1. 867 brass mill products is upward in such a
33, 938 19.56 ---------------------------- 21, 374
1953__________________ 1, 907, 1)50 1. 772
33, 819 Total _______________________ .43,034
1954__________________ 1, 341, 333 33,0952.467 substantial fashion, that it may be axio-
1955__________________ 1, 643, 765 2.386 matic to assume that imports of wire
39, 227
1956__________________ 1, 393, 066 3.398 will also increase with injurious results
47, 337 Average annual imports for the 5-year
to our domestic wire mills. period amount to 8,606,800 pounds.
Ordinarily, it might be said that when Furthermore, it has been evident in Thus the annual import quota for
the overall consumption picture of cop- the many applications filed with the calendar 1960 should be 8,606,800
per products in the United States is con- Tariff Commission or with the Office of pounds-this compares with the import
sidered that domestic producers of brass Defense Mobilization for relief from ex- total of 21,374,000 pounds in 1956 or
mill products are not hurt by imports cessive imports that when foreign ex- 40.26 percent-again a sizable increase,
of similar or competitive products since porters discover that their actions may but one that is foreseen and planned for.
imports constitute rather a small per- have possible injurious repercussions on Similarly the quotas for 1961 onward
centage of United States consumption some segment of American industry that can be computed with a sliding or self-
totals. before relief has been granted to the in- liberalizing scale coming into being. The
It is when the breakdown of imports jured domestic industry the trade em- percentage rises slowly but it is a
concerns the manufacturers of small phasis has been rapidly shifted to some planned increase and American industry
fabricators that the trend or pattern of other industry where profits can be made has 3 years to plan ahead. It cannot
injury is very apparent. rapidly. It may be stated categorically be proved conclusively, but the percent-
Consider seamless tubing made of un- that foreign exporting industries have age increase might just be enough to
alloyed copper-copper content. In a been able to shift production in profit- allow our imports of any commodity to
comprise a fair share of our growing
6-year period imports increased by 73 able categories much more readily than needs of our expanding economy.
times. An enormous increase of this have their counterparts in American In the alloyed type of seamless tubing
nature is bound to have repercussions in productive industries. This capacity for of brass mill products-metal weight--
the brass-fabricating industry. shifting production should be assessed
dispassionately because it can do irrep- the quotas will be:
Total seamless tubing-Unalloyed copper arable harm to many unsuspecting seg- 1958: 5,365,200 pounds or 22.46 per-
[Copper content in thousands of pounds] ments of our industries. cent of 1956 imports of 23,884,000
It is this competitive shifting factor pounds.
United 1959: 9,180,800 pounds or 38.43 per·
Year States mill Imports Percent that will be obviated in my self-liberal-
shipments izing quota bill. The injury caused by cent of 1956 imports.
shifting from one profitable category to 1960: 13,581,000 pounds or 56.86 per-
1950_ ________________
195L -----------------_ 466, 531 321 0.068 another cannot take place because ob- cent of 1956 imports.
361, 698 921 .254 vious limits to excessive imports are The percentage increases year by year
19(>2_ - -- -------------- 319, 761 5, 122 1. 601
1953_ - - ----- ---------- 340, 806 1, 126 ·.330 automatically set by law. yet relief is granted within the next 3
1954_ - ---------------- 386,068
461, 489
5,097
10, 315
1. 32
2. 235
The method of assessing the self· years so as to help our domestic indus-
1955_- -- - --- ----------
1956 _______ ------------ 429, 910 21, 374 . 4. 971 liberalizing quota for each commodity try to adjust itself without the dele-
will work in the fallowing fashion. Let terious effects so evident in uncontrolled
:6734 CONGRESSIONAL RECORD - HOUSE
imports resulting froin our current free-
trade concept.
Now before this revolutionary idea of
a self-liberalizing quota is accepted there
is bound to be a spate of opposition as
to the impracticability of accounting
procedures. the enormous ad~ition of
staff the impossibility of assessmg pen- ~
altie~ against those countries deliber-
ately exceeding their fair quota share,
the tampering with American foreign
economic policy set by the State Depart-
ment, possible repercussion from for~ign
governments resulting in quotas agamst
our exports, international difficulties
created in the international balance of
payments due to the inability of foreign
governments to earn sufficient dollar ex-
change by exports to the United States,
the vociferous battle cry that our pres-
ent tariff system is the best in the world
and works the most good for the greater
majority of our people and so forth.
One could take the opposing ideas 1
by 1 and disprove them but that ~s ~n­
necessary since we are now establlshmg
a more positive approach to imports.
Hitherto we have had the negative ac-
cent by which injury has to be proved
before our ponderous tariff adminis-
trative machinery can give relief to af-
fected industries. Now the positive as-
pect will be stres5ed. Whenever a need
for certain commodities shows that ex-
isting supplies in the United States are
insufficient to satisfy demands, our do-
mestic industry can either take care of
that by adding productive capacity or
a relaxation of the import quota can
be announced. Administratively it is far
easier to relax quotas than to make them
more stringent by increasing tariffs.
As to international repercussions--
most foreign countries exercise some
sort of export control and could imme-
diately enforce their own export share on
their nationals without adding the bur-
den to our Customs Bureau. · the founder of the Republican Party,
In any event the controls exercised
by our Commerce Department can be
worked out: they are not administrat-
ively infeasible. Surely our Tariff Com-
mission should be able to come up with
lists of import commodities that are di-
rectly competitive with domestically pro-
duced items so that the impact of ·this
new idea and its relative effect on the
economies of other nations can be as-
sessed?
Remarks of Hon. Sam Rayburn, of Texas,
at the Jefferson-Jackson Dinner in
Salem, Ohio, on May 4, 1957
EXTENSION OF REMARKS
OF
HON. WAYNE L. HAYS
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957
Mr. HAYS of Ohio. Mr. Speaker, it
was my very great honor to have you, the
Speaker, in my district to speak to my
constituents on Saturday night, May 4.
I am proud and privileged to put the re-
marks you .made at that time in the
RECORD:
REMARKS OF HON. SAM RAYBURN AT JEFFER•
SON-JACKSON DINNER IN SALEM, OHIO,, ON
MAY 4, 1957
I am happy to be in the great State of Ohio
again. It has been my privilege to visit Ohio
many times, and I have found its people sane,
sound, patriotic people. Many of the great
names in our history have come out of Ohio.
It is a State rich, not only in people, but in
soil and industry.
I am immensely ·pleased that it is my privi-
lege to be in the district represented by your
very able and energetic Congressman, WAYNE
HAYS. He has character, he has ability, he
has industry. If the people of this district
will reelect him many times in the future,
he will not only be an honor to the district,
but he will make such an outstanding rec-
ord in the Congress that not only this dis- .
trict, but all of Ohio, will be proud of this
son.
I am happy that you people are giving this
dinner in honor of your Congressma n, WAYNE
HAYS. It is a testimonial richly deserved. I
appointed him as a member of the United
States Commission to NATO, and there he
was honored by being made chairman of the
conference. By word of mouth and by letter
I received word of the great job he did as
chairman of that most important conference.
It is an honor that comes to few men, and
to know that he did such a wonderful job
makes me along with you, happy to help do
him this 'splendid honor.
We Democrats demonstrated for 20 years
that we could have a program, and we knew
how to put it into effect. In 20 years, under
Roosevelt and Truman, we made a record of
legislative accomplishments unequaled by
any 20 years in American history. We dem-
onstrated to the people of America that we
were their friend and had their interests at
heart.
As my friend, and the great Democratic
leader in the House or Representatives, JOHN
w. McCORMACK, has so eloquently said,
"The Democratic Party is the party with a
heart." The Republican Party has not
changed in 100 years; yea, it has not changed
since Thomas Jefferson, the founder of the
Democratic Party, and Alexander Hamilton,
struggled in the Cabinet of the great Wash-
ington.
The Jeffersonian theory was, and the
Democratic theory and practice now is, that
the way to make the country prosperous is
to make the man at the base, the man who
works with his brain and his brawn, in the
stores, factories, on the farms and the marts
of trade, more prosperous. If these people
are reasonably prosperous and have a buy-
ing power, that prosperity goes from the
bottom to the top.
We are witnessing an administration now
that is true to their ancient faith. It is the
day when bigness is promoted. It is the day
of merger and consolidation, encouI"aged by
everyone in the present Republican admin-
istration, from the President down.
I said that the Democratic Party is the
party with a heart. To prove this, all you
have to do is to look at what we have done
for the aged and the poor. Social security
was a Democratic product. Old-age assist-
ance was a Democratic product. Under the
expansions we have made in these laws,
thousands upon thousands of American citi-
zens are living in decency when they could
not have had the bread of life if it had not
been for the Democratic Party.
Let's look backward for a moment. In
1932, the last year of the Hoover admin-
istration, the total net income of all the
farmers of the Uni_ted States was $1,800,000-
000. Under our laws, and our administra-
tions, we raised the farm income to more
than $15 billion. It has taken the Republi-
cans 4 years to reduce the income of the
May 9 .
farmers of the United States more than
$4¥2 billion.
A great many Republicans want to make
Ezra Taft Benson the scapegoat and not
blame the head of the administration. Mr.
Eisenhower appointed Mr. Benson as Secre-
tary of Agriculture and has kept him in that
place all this time, and the acts of this ad-
ministration that have brought disaster,
poverty, and bankruptcy tq many of our
farm families must be laid at the door of
President Eisenhower.
During the campaign of 1952, Candidate
Eisenhower pledged the American farmers
100 percent of parity in the market place,
but after he became President he endorsed,
advocated and pleaded for a flexible price
support from 75 percent to 90 percent.
Millions were unemployed when we came
into power in 1933, and before our adminis-
tration closed 62 % million men and women
were gainfully employed at reasonable wages
and decent working conditions.
After 12 years under Harding, Coolidge
and Hoover, the national income of the
United States had sunk to $39 billion. We
were accused of ·spending the country into
bankruptcy, but in the 20 years we were in
power, the n ational income rose to more
than $280 billion.
Talk about spending, President Eisenhower
has just presented the biggest budget ever
presented in peacetime·in the history of our
country. There is too much fat in this
budget, and I pledge you that the Demo-
cratic Congress is going to remove from it,
in my opinion, somewhere from 3 to 5 bil-
lion dollars. We are not going to cut reck-
lessly, but in a sane, sound way without
hurting our country, and we are going_ to
select carefully those parts of the budget
which can be cut, and when we cut the
budget these billions of dollars, we are
not only going to talte that load off the tax-
payers of the country, but we are going to
give that savings back to the peqple of the
country in the form of tax reduction.
The Republicans went over the land railing
at the foreign policy of the United States.
They indicated they were going to rip the
Truman-Acheson policy up by the roots and
bring in a great imaginative foreign policy.
They have conducted the foreign affairs of
this Government in such a fashion that
today, I am sad to say, I believe we have
fewer friends in the world than we ever had
before.
The world wanted us to be its leader. I
fear that they believe now we have faltered
and failed.
We cannot lay the failures of this foreign
policy rt the door of Mr. Dulles alone. The
President of the United States, under the
Constitut ion, is head of our foreign affairs,
and any failure in this must be laid at the
door of President Eisenhower.
We Democrats believe that those in places
of responsibility should be able enough, and
bold enough, to assume the responsibility
for the acts of the Administration.
They sa id our program of 20 years was
leading the country into socialism. They
indicated they were going to rip our laws up
by the roots and have a new dynamic pro-
gram of their own. I have said this a great
many times, and I am going to repeat it
tonight. I challenge them to show where
anybody in this Administration, from the
President down, has advocated the repeal of
a single law we passed in the 20 years we
were in power. If the Democratic Party was
socialistic in putting these laws on the
statute books, then the Republican Adminis-
tration is equally socialistic for letting them
remain.
Mr. Eisenhower said that one of the reasons
he was a candidate again was because the
Republican Party needed rebuilding so badly.
That is one statement that he had made in
which, we, as .Democrats, and a vast majority
of the American people, are in accord.
1957 CONGRESSIONAL RECORD - HOUSE
The great phase has been coined by Mr.
Eisenhower, and that is "Modern Republi-
canism." Modern Republicanism is such a
phrase that it would sound like somebody
was going to make modern antiques.
Rebuilding this Republican Party, and
making it a party of the people will be a
bigger undertaking than building the Aswan
Dam. It will be a bigger project than dam-
ming all the streams and building the upper
Colorado, Fryingpan, and Hells Canyon Dams
all piled into one.
The Republican Party boasts of the pros-
perity of the country. When and where was
the foundation laid? It was laid under a
Democratic administration.
Let me repeat, we took this country in 1933,
when it had a national income of $39 billion,
and raised it to more than $280· billion.
That is the foundation well laid by Demo-
cratic administrations, and the force and
power that we gave it has carried the coun-
try on to even greater heights.
The Republican Party cannot claim the
credit, therefore, for the prosperity that
exists today.
So, I come back as I began. The Demo-
cratic Party is, has been, and will be, the
party of the people and for all the people.
The Republican Party will remain what it
is, and has been, the party of preferred priv-
ilege.
The American people are entitled to a
leader in the White House who leads, and
they do not want a Government adminis-
tered by a staff that directs the President.
Republicans say they are the party of the
future-well, if the Republican Party is to
have a future they must in some way have
the American people forget their past.
The Democratic Party fulfills its promises
and carries out its pledges. The Republi-
can Party makes promises and pledges and
forgets them after elections.
Mr. Eisenhower carried the country by the
biggest majority that any presidential candi-
date had ever carried it by, yet the Republi-
can Party itself was so unpopular that they
were defeated at the Congressional elections,
and the Democrats now control the Senate
and the House of Representatives. I predict
that, with the bungling and the ineptness
being shown by this administration, the
1958 Congressional elections will return a
bigger majority for the Democrats in the
Senate and in the House of Representatives
than we have at this time.
Who Partitioned Korea 1
EXTENSION OF REMARKS
OF
HON. LAWRENCE H. SMITH
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Thursday, May 9, 1957
Mr. SMITH of Wisconsin. Mr. Speak-
er, under leave to extend my remarks I
am including an article which I prepared
for the June issue of the National Re-
public on a topic which has been quite
controversial since Korea was parti-
tioned.
The article follows:
WHO PARTITIONED KOREA?
(By Hon. LAWRENCE H. SMITH, United States
Representative from Wisconsin)
Who partitioned Korea at the 38th parallel,
and why? Thus far we do not know who
made the decision, or exactly when. But his-
tory does reveal clearly that the partition
led u ltimately to the Korean war, in which
the United States suffered 154,000 battle
casualties between June 1950 and July 1953.
New light on the epochal partition decision
comes to us in a recent book by Elizabeth
Churchill Brown, a well-known New York
journalist and wife of Constantine Brown,
foreign editor of the Washington Star. The
book is styled the Enemy at His Back.
The foreword by Senator WILLIAM F.
KNOWLAND, of California, presents the theme
of the work in these challenging words: "We
must recognize that in dealing with the
Kremlin, the road to appeasement is not the
road to peace. It is only surrender on the in-
stallment plan."
Mrs. Brown's book is rich in new historical
documentation on Yalta, Potsdam, Warm
Springs, Los Alamos, and Hiroshima.
The partition of Korea was not, so far as
we know at this point, a part of the Yalta
agreement. On the other hand, Mrs. Brown
explains that the partition at the his-
toric 38th parallel came about in this way
(p. xvi'i):
"Shortly after V-J Day a round-robin tele-
phone conversation took place between the
War Department and the White House. One
of the participants in this unusual confer-
ence told me that those in the Pentagon did
not know to whom they were talking in the
White House-and that it was the White
House parties who ordered the partition of
Korea at the now infamous 38th parallel."
This shocking vignette of raw history sug-
gests the quality and fiber of many of our
pivotal postwar decisions in Washington,
touching foreign relations, under President
Truman and Secretary of State James F.
Byrnes.
"After a study of the map of China it is
easy to realize that, without Russian control
of the areas demanded and obtained in the
Yalta agreement, China would not have been
lost to the Reds. And without Red control
of China and the partition of Korea, the
Korean war would never have happened."
In 1954 the Senate Internal Security Sub-
committee, under the direction of Chairman
WILLIAM E. JENNER, of Indiana, held extended
hearings on the Korean war. In those hear-
ings Gen. James A. Van Fleet and Gen. Mark
Clark, among others, voiced the conclusion
that unknown and unidentified men in our
State Department forbade a decisive military
victory in Korea north of the 38th parallel.
Later in his book, From the Danube to the
Yalu, General Clark wrote: "I could not help
wondering and worrying whether we were
faced with open enemies across the confer-
ence table and hidden enemies who sat
with us in our most secret councils."
Woman's intuition guided Mrs. Brown to
her scholarly labors in historical reconstruc-
tion, sometime after the death of President
Roosevelt, on April 12, 1945.
"I determined to discover what influences
in high places had perhaps inspired the deci-
sions mane by our leaders, and also to check
our policies with those of the Communists,
as set forth in their own publications. The
similarity of these policies and the Commu-
nist aims was startling."
Through the Senate and House hearings
on Communist subversion and infiltration,
Mrs. Brown learned of the Kremlin's plans
and program for Europe and Asia after the
war.
"So it was that I learned how Soviet Rus-
sia had placed her agents in high places in
our Government--agents who not only stole
top secrets, but, most important of all, in-
fluenced the policymakers of this Nation.
Agents, in key Government posts, I learned,
also worked hand in hand with agents whose
job it was to influence and condition the
public mind in order that public opinion
would accept the policies as they were
made."
From President Roosevelt's Yalta Confer-
ence, in February 1945, to President Tru-
man's Potsdam Conference, in July 1945,
Washington was mostly free-wheeling. Be-
tween March 1 and Mr. Roosevelt's death on
6735
April 12, nobody was really tending the store.
President Truman took over his new post
without having experienced any continuing
contact with the great issues of world af-
fairs.
"During the time he was Vice President,"
Mrs. Brown notes, "he had never been in-
vited to go to an international conference,
nor even to the important conferences in
Washington. He was completely uneducated
in high-powered international politics."
White House Secretary Jona than Daniels
records that at Potsdam, "from the begin-
ning Truman liked btalin."
In a quiet moment President Truman had
remarked: "Stalin is as near like Tom Pen-
. dergast as any man I know" (p. 146).
General Dwight Eisenhower, Supreme Al-
lied Commander in Europe, journeyed to
Amsterdam early in July 1945 to confer with
President Truman, then en route to Pots-
dam. General Eisenhower emphatically
warned Mr. Truman against soliciting Rus-
sian participation in the war against Japan.
He urged that the war in the Pacific be ended
before Russia could get in. But at Ams-
terdam, General Eisenhower did not know
that at Yalta (in February) Roosevelt had
accepted Stalin's pledge to put Russia into
the Pacific war 3 months after VE-day. This
made Russia's entry into the war on Au-
gust 8 a certainty. However, President Tru-
man did not know at Amsterdam that Rus-·
sia already was pledged to enter the Pacific
war.
On July 28, near the end of the Potsdam
Conference (and 2 full weeks after the first
test explosion of the atomic bomb at Ala-
mogordo on July 16) Secretary Forrestal
noted in his diaries that Secretary Byrnes
said he was "anxious to get the Japanese af-
fair over before the Russians got in" (p. 143).
At the end of the Potsdam Conference on
August 1, General Eisenhower again re-
marked to President Truman that he hoped
he had not made any concessions to get the
Russians in. At the same time, Secretary
Forrestal noted in his diary that "50 divi-
sions could not have kept them out."
Secretary Byrnes paid glowing tribute to
his personal advisers at Potsdam, Ben Cohen,
who had been a guiding influence in State
Department decisions since the early days
of the Roosevelt administration in 1933; H.
Freeman Matthews, and Charles E. Bohlen,
of the State Department's Policy Planning
Staff.
"A new Secretary of State could not have
asked for a finer trio of advisers,'' Byrnes
noted late in his book.
Admirals King, Leahy, and Nimitz assured
Mr. Truman before Potsdam that Japan was
crushed, as Eisenhower insisted later at
Amsterdam. But the Foreign Economic Ad•
ministration and the Office of War Informa-
tion, where Owen Lattimore was in charge
of the Far Eastern Branch, insisted Russia
must come into the Pacific war. Gen. George
Marshall agreed, arguing that Russia's dec-
laration of war against Japan at the proper
time "would save millions of American lives"
(p. 148).
Russia's determination to get into the Pa-
cific war was dictated by the Kremlin's de-
mand for continued lend-lease shipments
after VE-day, in May. Stalin estimated he
needed 3 million tons more of lend-lease to
supply his armies for the war against Japan.
"By the time of Potsdam, the Russians were
sufficiently equipped and stockpiled to be a
major power in the Pacific-and they still
weren't in the Pacific war,'' Mrs. Brown notes.
General MacArthur told in the Senate hear-
ings ( 1951) of orders from Washington in
May 1945 withdrawing 100 of his transport
ships from the Luzon battle to transport
Russian lend-lease supplies to Vladivostok.
He protested bitterly that withdrawal of
these ships would jeopardize the entire Phil-
ippine campaign. But Washington's orders
stood. The ships were withdrawn from
MacArthur's supply lines to carry lend-lease
6736 CONGRESSIONAL RECORD - HOUSE May 9
to Russia.--the very supplies a.nd equipment sidering remedies. Therefore, I 11rge generally assumed to be beneficial to agri-
which later enabled Russia to take over support in the House of Representatives culture as a whole.
China and North Korea (p. 156). for my bill, H. R. 3828, which would re- The Census Bureau defines a farm as 3
Japan had been suing for peace since acres or more of land if tP.e value of the
October 1944, and had announced to Stalin quire the Bureau of the Census to de- products raised on that land amounts to
on July 18, 1945, that Prince Konoye would velop both money and nonmoney farm $150 or more; or if it comprises less than
vlsit Moscow for conversations looking to income data by economic class of farm. 3 acres and the value of the products sold
peace arrangements. This information was This bill has already passed the Sen- amounts to $150. On the basis of this defi-
not conveyed to President Truman by Stalin ate in the form of S. 405 introduced by nition, the 1950 census of agriculture clas-
until near the end of the Potsdam Confer- Senator ARTHUR v. WATKINS. Senator sified farms into ( 1) six classes of commer-
ence. On July 28, Stalin remarked casually WATKINS recently made an excellent cial farms, depending upon the market
to Truman that he had received a request statement on this bill to the House Post value of produce sold; and (2) several
from Japan to mediate. On that very day, classes of other farms, including part-time
he added (the 28th of July), he had received Office and Civil Service Committee. I and residential.
a second proposal from Tokyo-too vague wish to insert his statement at this Based upon the classification of commer-
to permit of an affirmative answer. But be- point. cial farms, we had in 1949 according to the
tween July 18, the day of the first formal The statement follows: 1950 agricultural census:
Japanese peace advance to Moscow, and July Mr. Chairman, S. 405 and the House com- 1. 103,231 farms in class I. These are
28, the date Truman was informed of the panion bill before you, H. R. 3828, intro- farms which sold produce valued at $25,000
peace feelers, the Potsdam Conference had duced by Congressman DIXON, would require or more.
decided to drop the first atomic bomb on the Department of Commerce to collect an- 2. 381,151 class II farms which sold be-
Hiroshima early in August (p. 159). nually money and nonmoney income data tween $10,000 and $24,999 worth of agri·
The bomb was dropped August 6. Russia by economic class of farm. These bills are cultural commodities.
declared war on Japan August 8. The sec- identical to S. 3145 which I introduced in 3. 721,211 farms in class III selling prod-
ond bomb fell on Nagasaki August 9. And the last Congress, and which passed the uce valued at between $5,000 and $9,999.
on August 10 Japan sued for peace on the Senate in June 1956. · 4. ·Class IV farms numbered 882,302 and
Potsdam terms. On that occasion, I called the Senate's at- sold between $2,500 and $4,999 worth of
Russia, in the war for 2 whole days, now tention to the fr,ct that: "income statistics farm and ranch products.
was a major factor in all the Pacific set- which lump all classes of farms together are 5. Class V farms totaled 901,316 and their
tlements. All the rich territorial awards not adequate guides for the formulation of owners and operators sold crops, etc., valued
to Russia, as initialed at Yalta in February public agricultural policies. • • • at between $1,200 and $2,499.
1945, now were d~e for payment. "The Congress must have at its disposal 6. 717 ,201 farms constituted class VI and
Jonathan Daniels recorded some time later more meaningful, reliable and current agri- sold produce valued at between $250 and
that President Truman had observed at cultural income data than it now has, if it is $1,199.
Potsdam: "I got the impression that Stalin to develop programs which effectively meet It is evident from this breakdown, that
would stand by his agreements. • • *" the problems of different economic classes two-thirds of our farms contribute very
When the Japanese armistice did come, of farms." little to total money net income. However,
Russia was assigned the task of receiving the Agricultural economists have long recog- these figures tend to indicate with respect to
surrender in all of northern China and all nized this problem. Consider the follow- the owners and operators of farms, especially
North Korea, above the 38th parallel, the ing observation by Ernest W. Grove in an in classes IV through VI that their total in-
partition line drawn by an unnamed some- article appearing in the April 1956 issue of come picture is worse than is really the case.
body in the White House in May. Economics Research published by the United Why? Because this type of data does not
Mrs. Brown concludes this amazing jigsaw States Department of Agriculture: include nonmoney income such as farm prod-
with the arresting observation: "But at "As the bulk of the farm income, both uce consumed on the farm as well as that
Yalta and again at Potsdam someone was gross and net, goes to those farms that are from nonfarm sources. Such nonmoney in-
calling the plays and giving the signals, classified commercial, the published totals come when added to money income earned
and it is tempting to guess it was Stalin are sometimes used as representative of com- from the sale of produce and from non-
himself. Who on our team was interpret- mercial farms. • • • farm sources results in a more favorable
ing the signals and putting them into "The published averages of income per comparison for the operators of these farms
effect?" farm and income per person on farms are in classes IV through VI with ( 1) incomes
If woman's intuition is the vast power for for all farms taken together, and they can- of farmers operating class I, II, and :i:II com-
good that so many claim, perhaps we should not be assumed to represent either the com- mercial farms (which have a very small non-
all dig around a bit for the answer to the mercial or the noncommercial groups of farm sources component by comparison) and
lady's question. farms. On many small farms, the farmer (2) nonfarm incomes, than does only money
and his family are primarily dependent for income comparisons.
a livelihood on income from nonagricul- So that I might make such comparisons
tural sources rather than on farm income. in my supplemental views on the Joint Eco-
New Data Needed To Help Small Farmers only Most commercial operatOfS, however, not nomic Committee's J;eport 2 years ago, I
have larger total incomes but receive asked the Department of Commerce to pro-
the bulk of their. income from farming op- vide me a table showing by economic classes
EXTENSION OF REMARKS erations. Thus, the overall averages of per of farm total net farm income on a family
OF farm and per capita income are actually and per capita basis. I had naturally as-
combinations of income averages for more sumed that as part of the 1950 census of
HON. HENRY ALDOUS DIXON homogeneous subgroups of farms, among agriculture, that the Department would be
OF UTAH which both the absolute size and the rela- able to supply such data, including money
tive importance of farm and nonfarm and nonmoney income. To my surprise, I
IN THE HOUSE OF REPRESENTATIVES sources of income show wide variations. was told that such data did not, in fact,
Thursday, May 9, 1957 "For these reasons, a breakdown by eco- exist. So, I then requested the Department
nomic class of the overall totals and aver- of Commerce to prepare me a table based
Mr. DIXON. Mr. Speaker, whenever ages of farm income is badly needed" (p. 51), upon the 1950 census which would show
agricultural legislation is seriously dis- Although the farm price and income situ- these data on a per capita and family basis.
cussed, there is talk about the plight of ation apparently improved somewhat during After much negotiating, the Department was
the small farmer. Many of our farm 1956, agriculture as a whole did not share able to give me the requested data which
laws have assisted the large commercial equally in the unprecedented prosperity actually were a composite of (1) money in-
farmers while doing little for the mar- which produced a $412 billion gross national come based upon the 1950 agricultural cen-
ginal farmers who are in desperate need product and high incomes in the nonfarm
sectors of the economy.
sus, and (2) nonmoney income or value of
farm products used by farm households
of rehabilitation. This is like the case Perhaps one reason for this situation is based upon the 1945 census of agriculture
of the Swiss cheese having all the venti- that we have tried to apply the same farm (because such data were not collected as
lation while the Limberger desperately program to different types of farm enter- part of the 1950 census). I ask, Mr. Chair-
needs it. prises, with the hope that in some miracu- man, that this table he printed in the hear-
A major reason that the small farmer lous way all farmers would benefit equally. ing record at this point in my remarks.
doesn't get the help we would like to see For example, many people have assumed Analysis of these data by economic class of
him receive is that we lack the statistical that price-support programs benefit all farm indicate that:
data which would identify his situation farmers. 1. One million two hundred thousand of
and the impact of various farm pro- make A little reflection, however, I believe will the then existing 3.7 million commercial
grams upon it. The real plight of the mentalit problems clear that there are certain funda-
in agriculture relating to
farms, mostly family type, comprising the
first 3 economic clases of such farms, and
small farmer is swallowed up by "aver- size and type of farm, location, etc., which containing 209.1 million acres of harvested
age" figures which are of little help in require different solutions and perhaps dif- cropland, produced farm products sold for
diagnosing specific ailments and con- ferent types of public assistance than those $5,000 or more. Expressed another way, 22
1957 CONGRESSIONAL RECORD -
percent of the total number of farms pro-
duced 74 percent of the total value of all
farm products sold, utilizing 60.5 percent of
the total harvest.ed cropland.
The average family income, including both
money and nonmoney income, of the 5 mil-
lion persons living on these 1.2 million farms
was $5,143. By comparison, the average
family income of all farm families on farms
that same year was only $2,650.
The average per capita. income, including
both money and nonmoney income, was
$1,229, nearly twice that of all people on
farms, which was only $651.
2. The other 2.5 million farms in the last
3 economic classes of commercial farms,
containing 118.8 million acres of harvested
cropland, produc£d crops sold for $4,999 or
less. Expressed another way, 47 percent of
the total number of farms pr-0duced only 24
percent of the total value of all farm prod-
ucts sold, utilizing 34.5 percent of the total
harvested cropland.
The average family income including both
money and nonmoney income, of the 10.3
million persons living on these 2.5 milllon
commercial family-type farms was only
$1,741--$3,352 less than the average of those
families operating farms in the first 3 eco-
nomic classes of farms and $859 less than
the average family income of all farm
families.
The average per capita income, including
both money and nonmoney income, was only
$430-$799 less than the average per capita
income of persons living on farms in the
first 3 economic classes of farms-and $221
less than that of all people living on farms,
which was $651.
3. In addition, there were 1.6 million part-
time and residential farms. These farms,
representing 31 percent of the total number
of farms, produced only 2 percent of the
total value of all farm products sold.
This analysis clearly indicates, I believe,
that income data in agriculture by economic
class of farm are essential in evaluating the
effectiveness of farm programs as applied
to different size and type farms. For ex-
ample, in evaluating the extent to which
price support programs aid farmers by rais-
ing prices and. therefore, incomes, the fore-
going data make it quite obvious that two-
thirds of our family-type farms produce so
very little for sale that they cannot ma-
terially benefit from such programs regard-
less of the level of price supports be it 75,
90, or 100 percent of parity,
No wonder then that average per capita
money farm income is but one-half that of
nonfarm per capita income, although on the
farm side this figure is somewhat lower than
the total farm income on a per capita basis,
since, as I have suggested, nonmoney income
ts not included in current published com-
parisons such as those found in the Eco-
nomic Indicator prepared by the Council
of Economic Advisers.
· On the other hand, this analysis makes
it evident that within agriculture there exist
great ranges of income disparity as meas-
ured by economic class of farm, and that
average and per capita farm income figures,
derived by dividing the number of farms
and farm people into a net-income figure,
are of questionable value for policy deter-
mination.
In December 1956, I again asked the De-
partment of Commerce to furnish me a
similar table based upon the more recent
1954 census of agriculture. However, again
to my surprise I was informed by letter
of January 10, 1957, from the Director, Bu-
reau of the Census, that "other information
like that furnished you for the 1950 census
is not available." Why? Director Burgess
explained by saying that "figures on net in-
come of farm operators or on the number
of persons in farm operators' households
were not collected in connection with the
1954 census of agriculture," and that "we
do not have any data more recent than those
HOUSE
!or 1944 regarding the value of farm prod-
ucts consumed by families of farm oper-
ators."
It was concern over the need for finding
workable solutions to the diverse problems
which confront the owners and operators
of different size farms and because of the
lack of this type of much-needed farm in-
come data for policy determinations which
prompted me. to introduce S~ 3145 in the 84th
Congress and S. 405 in this the 1st session
of the 85th Congress. If such data, as that
enactment of s. 405 would provide, were
available, Congress would be in a better
position, in my opinion, depending upon
the annual shift in the number of farms
in each class, to develop more effective and
remedial agricultural programs.
With respect to the owners of the one-third
of our commercial farms, 90 percent of
which are family owned and operated pro-
ducing over 85 percent of our annual crop
value, data would help the Congress, depend-
ing upon the supply of various crops com-
pared to their demand, to decide whether
(1) more or less emphasis ought to be put
on higher or lower price supports; (2) more
or less marketing and production research
was needed; and whether (3) more or less
conservation assistance should be forthcom-
ing. Concerning the operators of two-thirds
of our farms which produce less than 15
percent of our crop value, such data should
enable the Congress to better develop for
most of the people living on small rural
farms a noncommercial family-type farmer's
program.
The present rural-development program,
although in its embryonic stage, has already
made plain that the economic and social
solutions to the problems of the low-income
farmer require different approaches or com-
binations of approaches for solution. The
following were some which I suggested in
my minority views to the 1956 report of the
Joint Economic Committee:
"Many owners and operators of fifth- and
sixth-class commercial family-type farms in
particular can benefit from more liberal
long-term credit policies coupled with in-
tensive assistance along technical farming
lines from the Federal and State extension
services and other Federal and State agen-
cies. - reau of the Census which produce current
"More easily attainable credit would enable
many such farmers to expand their farms
to a size which could return to them and
their families a decent level of living. For
a great many other farms, lack of opportunity
to acquire adjoining farmland, rather than
lack of capital to purchase such lands, con-
stitutes the 'size of farm' problem. For
others the need is for credit on liberal long-
time terms to be used for the purchase of
equipment, buildings, livestock, and so
forth. • • •
"Others will find the solution to their
economic problems through a combination
of part-time farming and nonfarm employ-
ment, as many have done in increasing num-
bers during the past few years, even if the
latter provides most of their income. Evi-
dence of this is found in the fact that the
number of part-time farmers increased by
32,008 during the past 5 years, as disclosed
by a comparison of the 1950 and 1954 agri-
cultural censuses.
"Whereas in 1940, only $2.7 billion of farm
income from all sources was derived from
nonfarm sources, $6.1 billion was derived in
1955. In 1946, our first postwar year, 20.5
percent of farm income from all sources was
derived from nonfarm sources; by 1955 this
had increased to 32.2 percent.
"We have witnessed, as far as this problem
1s concerned at least, growing industrializa-
tion in the Southern States, where 6 of our
9 major low-income farm areas are located.
Other things being equal, the South un-
doubtedly will continue its industrial ad-
vancement, since one of the area's most
6737_
attractive features is -the existence of con•
siderable manpower which 1s now under•
employed on small-sized and unproductive
:farms.
"Still other people will derive better in-
comes only by leaving agriculture entirely.
This · voluntary exodus from agriculture will
attract many younger people, who because
of the lack of adequate capital required to
begin a successful farming operation, must
look elsewhere for their livelihood. For
these, 4-H Club and other educational pro-
grams provided by State extension services
and other agencies fo.r rural youth need to
stress vocational training which can lead to
gainful nonfarm employment.
"Older people living on marginal farms
will not want to leave, in spite of the low
level of living such farms provide them.
Here an extension of rural social services.
may materially contribute to a better level
of living for these people.
"And we must not lose sight of the fact
that others would rather go on living the
kind of lives they are, than trade them for
any other, not because they are disturbed
by lack of material goods and services-
larger incomes, if you please-but because
they like their lives as they now are. This,
they too should be free to do; 'man ts that
he might have joy•" (pp. 73-76).
We are indeed making progress in this
policy area; it has been slow, but the future
for many of these people will be made much
brighter the sooner we can develop a real
noncommercial family-type farmers' pro-
gram. However, from what I have said, I
believe it is evident that for the purpose of
developing public agricultural programs
there is a vital need for timely money and
nonmoney income data by economic class
of farm. Agricultural policies and programs
based upon income averages of such diverse
economic groupings of farmers as constitute
American agriculture will continue to pro-
vide some farmers unnecessary financial as-
sistance at the taxpayers' expense; and will
provide little or none to those which tax-
payers would be more inclined to provide
public assistance.
At present, there are no continuing pro-
grams in either the Department of Agricul•
ture or the Department of Commerce's Bu-
estimates of money or nonmoney income by
economic class of farm. Over the past sev-
eral years, some limited attempts have been
made to produce this type of information,
but always in connection with other pro•
grams.
During fiscal 1956, for example, the USDA
and the Department of Commerce in con-
junction with a survey of farm income and
expenditures, undertaken to improve over-
all estimates and modernize parity indexes,
did obtain some national income aggregates
and per-farm averages of off-farm income in
1955 for some 8 economic classes of farms.
About $30,000 of the $285,000 total cost of
this money might be said to have been for
work on income estimates by economic class
of farm. A study is now being made to
determine, as originally required by S. 3145
which I introduced in the 84th Congress,
whether it is feasible to collect information
on farm income as part of the Bureau of
the Census annual current population sur-
vey. The expenditures in connection with
this project will be also in the neighborhood
of $30,000.
Considering the importance of the policy
implications I have previously discussed, it
is to be regretted that so little attent.ion
has been given to this statistical program
area, although the Congress has given con-
tinued attention to the improvement o!
much needed statistical data in connection
with other aspects of vital agricultural as
well as nonagricultural programs. This 1&
evidenced by a comparison of ( 1) direct
obligations for principal current Federal
6738 CONGRESSIONAL RECORD - HOUSE
statistical programs, which in fiscal 1956
amounted to $27 .1 million, and which in
fiscal 1957 are estimated at $30.2 million,
with (2) the expenditure of $60,000 in the
"'income by economic class of farm" data.
area during the same period.
In its report upon S. 405, the USDA indi-
cated that such data as the bill would require
the Bureau of the Census to obtain "is defi-
nitely needed. At present, information on a
regular basis is available only for all farmers
as a group ranging from low-production
farmers to those with large-scale opera-
tions. The impact of developments In
agriculture has varying effects on these
farmers, and it is important to know on a
regular basis the trends in income for the
several groups."
The Department of Commerce in its re-
port on S. 405 confirmed the need for such
data which was expressed in the USDA re-
port. It stated in part: ·
"While the Department of Commerce is
not directly responsible for the determina-
tion of agricultural policy, it recognizes that
information about farm income is clearly
important in such determination. Since the
incomes of commercial and noncommercial
farmers and on large and small farms may
differ substantially, information about in-
come by economic class of farm would be
desirable."
Neither of these executive departments
gave adverse reports upon S. 3145 a year
ago. However, in its report on S. 405, the
USDA indicated that "we are not in a po-
sition to make a specific recommendation
regarding the bill in view of the current
budgetary situation." The Department of
Commerce stated likewise that "in view of
the overriding budgetary considerations ob-
taining at this time, the Department is un-
able to recommend enactment of this legis-
lation, which would make man~atory the
collection of such data." · We must do honor to these early Members
In a subsequent letter to me under date
of April 29, 1957, Secretary Weeks, in response
to a.n earlier inquiry of mine stated:
"I gather from your letter you conclude
our opposition to the bill is based on a
weighing of the estimated cost against the
benefits anticipated to be derived from the
legislation. We wish to assure you such is
not the case. In our letter of May 27 to Sen-
ator ELLENDER we stated the reason for our
opposition was 'overriding budgetary con-
siderations obtaining at the time.' By this
we mean that we are not now in a position
to recommend adoption of this new legisla-
tion which would have the effect of increas-
ing the immediate budget regardless of any
estimated long term savings that might be
anticipated therefrom. • • • We wish to
make it clear that our objection to the pas-
sage of this legislation is based solely on
budgetary considerations arid that it does
not run to the merits of the bill."
Mr. Chairman, I would suggest to the com-
mittee that there can be no doubt but that
the budgetary concern expressed by the De-
partment of Commerce was given .ample con-
sideration by the Senate Committee on Agri-
culture and Forestry and the Senate itself.
It seems evident that the Senate and its
Agriculture Committee clearly visualized
long-run program savings from the immedi-
ate enactment of s. 405, which outweigh the
modest costs involved even in light of the
budgetary situation.
This I say for these reasons: (1) In the
84th Congress, the Senate Agriculture Com-
mittee reported S. 3145 without holding hear-
ings. S. 3145, which is identical to S. 405,
passed the Senate by unanimous consent with
the membership clearly appraised of the fact
that the initial cost would be in the neighbor-
hood of $500,000 with a lesser amount re-
quired in subsequent years; (2) shortly after
its introduction in this session of the 85th
Congress, S. 405 was favorably reported to
the Se?ate without hearings, and again the
Senate passed it by unanimous consent, the
Members again being clearly appraised of the
probable but moderate costs involved.
In my judgment, passage of S. 405 will ma-
terially aid the development of more effective
and beneficial farm programs at a more mod-
erate cost to the taxpayer than is the case
with respect to many of our present pro-
grams.
The Tower of Babel
EXTENSION OF REMARKS
OF
HON. WILLIAM E. JENNER
OF INDIANA
IN THE SENATE OF THE UNITED STATES
· Thursday, May 9, 1957
Mr. JENNER. Mr. President, I ask
unanimous consent to have printed in
the CONGRESSIONAL RECORD an address
delivered by me before the Daughters of
the American Revolution on April 16,
1957. . sailing ships, replicas of the ships which
There being no objection, the address
was ordered to be printed in the RECORD,
as follows:
THE TOWER OF BABEL
SUMMARY
The American people have erected a gov-
ernment within a government which bears
no resemblance to that established in the
constitution.
The success of the English people in com-
·pelling their ruler to operate under law
came from . their insistence on imposing re-
straints on his spending through the Parlia-
ment which represented them.
of Parliament. It was not easy to tell the
Kings they could not collect taxes, and spend
money, as they liked, bu~ must take only
such taxes, only for such purposes, as Par-
liament decreed. They knew the rack, the
screw, and the executioner's block were 'the
penalty of failure.
Parliamentary resistance to the Stuart
kings ended in clear establishment of two
principles: Legislative control of the purse
and legislative control of the sword. The
Constitutional Convention made these prin-
ciples the foundation of our Constitution.
. Congress alone was given power to set taxes,
and to decide by statute for what purposes
the money must be spent. Congress alone
had power to raise and support armed forces,
and to decide when and if they should be
used in war.
Twenty-five years ago the American peo-
ple and their Congress surrendered the power
of the purse, to the ancient bait of an emer-
gency. When Congress gave the executive
branch money for emergencies, it in effect
let the executive branch spend as it wished.
All limits were off. But to abandon limits
on spending, through statutory restraints, is
to surrender the power of the purse. Un-
limited government is here.
The growth in the national budget from
$7 billion in fiscal 1934 to $72 billion for the
coming year measures the growth of our
Tower of Babel.
Today we face a greater .danger. In the
Middle East resolution, Congress gave the
President a virtual blank check for use of
Am.erican Armed Forces. This is surrender
of the other crucial element in government
by law, the power of the sword.
In addition, the President has the power,
by the foreign-aid legislation, and the prece-
dent of the Korean war, to assign American
fighting men to the command of interna-
tional agencies.
· Will any fighting forces be left to guard
America if we wish to go our own way, re-
May 9.
gardless of the maj~rity in the United Na-
tions?
"I am willing to devote the rest of my life
to demolishing any and every attempt to
destroy American sovereignty by putting
American fighting men under any military
command other than the United States,"
said Senator JENNER.
Congress and the American people working
together can demolish our Tower of Babel,
and make sure that government shall never
again, on our soil, grow higher than the law.
TEXT
It is always a pleasure for me to speak be-
fore the Daughters of the American Revolu-
tion both here in Washington and in Indi·
ana.
We are concerned over the same dangers
to our country.
Americans love their country.
Our patriotism has, so far, been free of that
cynicism which corrodes love of country
when government has, for too long, been an
instrument to exploit th1 people.
I know you were pleased, as I was, to read
recently how the greatest traffic jam in the
history of Washington was caused by the
presence, at Haines Point, of three little
sailed the stormy Atlantic, 350 years ago.
On the Saturday morning on which the
Susan Constant was first open to the public,
an official of the bus company called the
police department and said, "You don't
know what you're in for.''
It seems as if everyone in Washington had
started out to see these three gallant ships
· on which the little band of intrepid voyagers
landed on the shores of Virginia to plant the
seeds of the American Republic. ·
Americans also love their Constitution.
You would have to travel far to find a
document more difficult to understand.
;Even the most brilliant lawyers have dis-
puted over its meaning. The Constitution
relies on no drama, emotion, rhetoric, slo-
gans, or any attempt to win the mind ·by arts
noble or vulgar.
It is as· free from ornamentation as a Greek
temple. Yet, the American people under-
• stand their . Constitution, with the insight
that love intuitively brings.
Last January we, in Congress, were asked
to vote the President a new grant of powers
called the Middle East resolution. · Most
of the supporting arguments dealt with talk
of communi.s m, the Arabs, oil.
But the people · who wrote me were not
bothered by side issues. Their letters ·said
this measure would take control of the
Armed Forces from Congress, and they were
against it. They wanted Congress, and Con-
gress alone, to make the decision on whether
or not their sons were to be sent to war. A
vivid awareness of the architectural form of
government established in our Constitution,
is deep in the minds and hearts of our people.
BUILDING OUR TOWER OF BABEL
How, then, can we explain the fact that,
in the last 25 years, we have erected, on
American soil, a new govermtlent-within
a government, which bears no relation,
whatever, to the ·Republic laid down in the
Constitution.
The ansy,rer is simple.
· A handful of people saw, in the great de-
pression, a chance to carry out in secret their
revolutionary plans to change our govern-
mental system from American liberty to the
strong, centralized executive of Continental
Europe.
Under cover of relief and welfare, they
built up our monstrous executive establish-
ment. The people were too stunned to re-
sist. Just when their hold might have been
weakened by public disillusionment, the war
gave the planners vast new opportunities to
extend their rule. With the end of the war
they turned to global welfare, as the best
:inethod of perpetuating reckless spending.
1957 CONGRESSIONAL RE·CORD - HOUSE l>739.
They built their power even higher · on !:_' The Constitution ls concerned with eter- In 1795 James Madison wrote-and I quote:
global basis. nal principles. It was made for the ages. It "Of an the enemies to public liberty, war
Like the descendants of Noah, in Genesis, is almost completely free from restrictions 1s, perhaps, the most to be dreaded, because
they said,""Go to, let us build us a city, and -which bind it to the problems of the day. it comprises and develops the germ of every
a tower whose top may reach unto heaven~ But let us not forget the law of life. Human <>ther. • • •
and let us make us a name, lest we be scat.;. beings are not permitted to lean on the wis- "War is the parent of armies; from these
tered abroad upon the face of the whole dom of the past, to meet a crisis of their proceed debts and taxes; and armies, debts.
earth. time. They must be willing to work as hard, and taxes are the known instruments for
"And the Lord came down to see the city to preserve that wisdom, as their forefathers bringing the many under the domination of
and the tower which the children of men worked to distill it from their own painful thefew. • • •
build ed. experience. "The Constitution expressly and exclu-
"And the Lord said, behold the people ls Americans of our generation are not going sively vests in the Legislature the power of
one and they have all one language • • • to save our Constitution and hand it on, declaring a state of war, • • • the power of
and now nothing will be restrained from unimpaired, to succeeding generations, un- raising armies, • • • the power of creating
them, which they have imagined to do. less they achieve the devotion of the men o1Dces. • • • ·
"Go to, let us go down, and there con- who signed the Declaration of Independence, "A delegation of such powers (to the Presi-
found their language, that they may not un- and dedicated tQ their country their lives, dent) would have struck not only at the
derstand one another's speech. their fortunes, and their sacred honor. fabric of our Constitution but at the founda-
"So the Lord scattered them abroad from We are not going to preserve our Consti- tion of all well-organized and well-checked
thence upon the face of all the earth, and tution, through the world political crisis, governments.
they left off to build the city. unless we also reach the high level of in- "The separation of the power of declaring
"Therefore is the name of it called Babel, telligence which our revolutionary leaders war from that of conducting it is wisely con-
because the Lord did there confound the needed, to create out of English experience, trived to exclude the danger of its being de•
language of all the earth, and from thence an even more perfect instrument for liberty clared for the sake of its being conducted.
did the Lord scatter them abroad upon the under law. "The separation of the power of raising
face of all the earth." - armies from the power of commanding them
Here is the perfect model of the centralized THE SEPARATION OF POWERS TODAY
is i:i:itended to prevent the raising of armies
control tower, which all ambitious self-seek- The grand design of our Constitution rests for the sake of commanding them.
ers set out to erect, whenever the bonds of on the principle of the separation of powers. "The separation of the power of creating
society are loosed. Our Tower of Babel op- What does that mean today? offices from that of filling them is an essen-
erates behind a curtain of almost complete In civics class we learn the Federal Gov- tial guard against the temptation to create
secrecy, but our people know well that its ernment is divided into three branches, offices for the sake of gratifying favorites or
builders are trying to build a tower whose top legislative, executive, and judicial, and each multiplying dependence."
may reach unto heaven. 1s independent of, and coequal to, the These are the tables of the law of American
our people know nothing wlll be restrained others. Logically that is true, but logic liberty.
from them which they have imagined to gives us nothing of the political wisdom in WE THE PEOPLE SURRENDERED POWER OVER THE
do, unless this Tower of Babel, like the other that principle we call the separation of PURSE
one, is cut down to the ground and its build- powers.
ers scattered abroad upon the face of the Only history can tell us why the idea is From 1789 to the mid-20th century, Amer-
earth. so important, how much it cost our fore- ican Presidents adhered to the letter and
The Lord finally destroyed the earlier Tower fathers to establish it, and in what way it the spirit of our two great political safe-
of Babel, and confounded the language of is important to us today. guards-Congressional control of the purse,
the builders. The Bible tells us none of the The executive must be stronger than any and Congressional control of the sword. We
details, but I am sure the Tower · was not individual in the city, State, or the Nation. should stop blaming our President for the
demolished until brave men appeared ready Only the English-speaking people found the loss of our liberty. It is time to point the
to do the work of the Lord, though the timid way to bring executive power under restraint. finger where it belongs. We, the people,
said, "It is too late to destroy the Tower of They knew the chief executive could not through our representatives in Congress, had
Babel. full power to stop it. Our power to preserve
be deprived of police power. So it must be our institutions was given us in trust, in
"Its top has reached to heaven. deprived of some equally important power. the Constitution.
"Nothing can restrain its rulers from that They chose the 'power to tax. The English We had no moral right to surrender that
which they have imagined to do." took the power to tax away from the men responsibility. But we did. What did we do?
who controlled the armies, and set up a We fell victims to a simple trick. We were
:WHAT DOES THE CONSTITUTION MEAN TO OUR
TIME?
body, representative of the people, to study asked to vote large sums of money to the
the country's needs and decide when the President for an emergency, and we .swal-
A handful of men built our present-day head of state could collect tax funds and
Tower of Babel, and a handful of men can how much. Obviously, they soon had to lowed the bait.
destroy it. But we cannot destroy the Tower decide what he could and could not spend By voting emergency spending laws, Con-
of Babel if we do nothing. We must gird the money for. gress said to the executive branch:
our wills to destroy this monument to men's "We have just voted to free you entirely
Parliamentary control of the purse, de-
arrogance. We must laugh in disdain at fining, by statute, the purposes for which from the restrictions of government under
their claims that they are "the wave of the tax funds may be spent, established that law.
future," that bigness is · "here to stay" and political miracle, government under law. "We have made the law so elastic, so shape-
so we might as well get in on the ground less and formless, that it has no limits.
floor. THE HEROIC RESISTANCE OF PARLIAMENT "Go -as far as you like."
Those are only the incantations chanted Let us never forget what we owe to those President Roosevelt's budget for his first
by their medicine men, to make us afraid early Members of Parliament. They .h ad year, in the aftermath of the great depres-
to use the strength with which we could to tell their King he was not going to spend sion, was for not quite $7 billion. Our pro.:.
destroy them. money for what he wanted, but only for posed budget for fiscal 1958 is $72 billion.
We must have courage. "But we must also what the Parliament told him he could spend Every step in the growth of Government
have wisdom, if we are to destroy this tower it for. spending, from not quite $7 billion to $72
in our midst. On what ground can we take Henry VIII was not a docile man. Those billion, is the result of that 1933 decision
our stand to dismantle our Tower of Babel? members of Parliament who told Henry VIII, hardwon to surrender to the executive branch the
You will say, "We must take om stand on Queen Elizabeth, James I, and Charles I they Congress, power of the people, through their
the Constitution." With that, of course, I were not going to do as they liked knew the ernment. to lay down the law to their Gov-
wholly agree, but I must ask another ques- rack, the screw, and the executioner's block
tion, "What does the Constitution mean to a waited them if they failed. When the Mem- Every brick and stone 1n our Tower of
us today?" · bers of the Continental Congress dedicated Babel was put there with our help. We gave
It is not enough for us to chant incanta- their lives to winning independence for the the builders the right to use our money as
they wished, in spite of the painful efforts
tions to the good old days. The Constitu- Colonies, the:· were not using literary made by the English-speaking people over
tion comes out of the political struggles of phrases.
the 17th and 18th centuries. We have been The hangman's noose was the price of the centuries, to keep governments from
spending as they liked.
taught to understand it, in terms of Charles f ailure. Our Tower of Babel rose until its top
the First, George the Third, George Wash- Our Constitution embodied the two heroic reached the sky. It builders won the vast
ington, and Thomas Jefferson. victories of the English Parliament over their invisible powers that come irom unlimited
But do we understand the meaning of the power-seeking Kings in provisions that the spending money.
Constitution for the 20th century? Of Congress should lay all taxes and make the
course, we do not believe the nonsense that laws governing how they were spent, and also DI.n WE SURRENDER THE POWER OF THE SWORD?
our Constitution is now outmoded, because that the Congress should have complete con- But, today, we face a new and greater
people used to travel in stagecoaches and trol of the money for the Armed Forces, and danger.
salling ships, · and: now they travel in jet of the decision whether to send our men Let me come back to the Middle East reso..
planes. , ·· · into war. ' lution. The resolution was called, frankly.
:6740 CONGRESSIONAL -RECORD - - HOUSE May 10
an undated declaration of war. It was, · in UNDER WHAT AUTHORITY DOES THE PRESIDENT It · America ts embarking. on another cru-
my opinion, an admission by the . Congress NOW ACT? sade, to make the. world safe for the United
that the President's authority over our mili- One more point. Nations, it will be a children's crusade.
tary forces is no longer limited to the execu- You remember that in 1950, the President I hope· the American people will insist
tive duty to carry out policy. It is nqw ex:- of the United States agreed to act for the that Congress cut Government spending to
panded to include the most precious of all United Nations in command of the United the bone, and chain it once again with the
legislative responsibilities-the right to de- Nations forces fighting in Korea. He then chains of the law.
cide whether or not our country should go proceeded to incorporate our fighting men WHO WILL DEFEND OUR COUNTRY?
to war. into the United Nations forc'es. But our security as a Nation is more pre-
Now let us be honest. This means un- Everything about this series of actions cious than our prosperity. Our .children are
limited government is here. suggests careful advance preparation. we infinitely mor~ precious than our wealth.
In 1933, the executive branch was freed have never had a debate in Congress over If an American President can order Amer-
from legislative restraints on spending. In the constitutional questions involved in this ican fighting men to serve in the United
1957, the executive branch was freed from series of moves. Nations fighting units, where will our na-
legislative restrains on thf' use of military Does the President have authority, under tional defense be 10 years from now? Who
:force. the Constitution, to put our fighting men will protect the United States?
Congress, which first surrendered the power into a United Nations force? What consti- Will we have fighting forces to defend us,
of the purse, has now surrendered the power tutional protections go with them, wl;len if we choose American answers which go
of the sword. they are so transferred? When the President against the decisions of the United Nations,
The surrender of the power to decide o~ of the United States serves as an agent of the including Soviet Russia and its satellites? .
war was surrender of the great achievement United Nations, or, as they say, when he The builders of the Tower of Babel have
of the supporters of Parliament in 1688, changes to a United Nations hat, is he still taken from us more wealth than was
the keystone .of limited government. '!'his bound by the limits set by the Constitution? dreamed of by any conqueror of the past.
achievement was embodied in our Constitu- Or does he acquire strange new powers with- But if they take our right to defend our-
tion, by agreement so universal that it is out any limits in law? Now, I am certain selves, that will be infinitely more terrible.
hardly mentioned at all. our Presidents have had no slightest inten- If they :ake our children, and put them into
Still the story is not comple+.e. tion of violating the Constitution. United Nations forces, under a United Na-
Congress, also, added to the Middle Ea::.t But we have had some able, ruthless Machi- tions command, above our Congress and the
resolution, an amendment authorizing . the avellian men high up in the American Gov- Constitution, that will be the end.
Presid~nt of the United States_to give men ernment who do not always tell our Presi- I am willing to devote the rest of my life
and money to the United Nations emergency dents where they are going, by their to demolishing any and every attempt to
:forces. Now what does this mean in terms apparently simple moves. destroy American sovereignty by putting
of the law? For better or worse, the Korean precedent American fighting men under any military
It is not the business of Congress to decide still stands. command other than that of the United
a President is, or is not, trustworthy. The As I read this combination of moves, the States.
legislature's duty is to define limits on power American President can now direct our THE ISSUE IS THE SOVEREIGN POWER
which apply to all. Armed Forces to any end, without any con-
The law ~oes not vary for persons. stitutional limitations and, furthermore, can Control of armed forces is the sovereign
WHAT LIMITS REMAIN ON THE POWER OF THE direct them as an agent of the United Na- power. Our Constitution put this power in
SWORD? tions where he, himself, is not bound by the hands of Congress, as trustees of the
American people. Not one of us can rest
What are the limits in the expression the. Constitution. until that power is returned. Our Tower
''United Nations emergency force?" AMERICA' S THIRD CRUSADE of Babel must be ·razed to the ground, if we
The answer is, that there are no limits- Is there hidden, somewhere, in the Mid- are to live again by the laws of our fore.:.
except those which, some day, may be. set by dle East resolution and its counterparts, a fathers. If Congress and the people work
the United Nations Security council, in- plan for America's third crusade? Are we together, they can restore our fundamental
cluding-you remember-the Soviet Union. to send American youth to serve in multi- law.
But that is not all. national military units all ayer the earth, Congress can put our Federal Government
The Mutual Aid Authorization Act gives prepared to fight, at a moment's notice, any under limits again, when Members of Con-
the President power to transfer members of people who resist the peace the United Na- gress are 'the spokesmen for an angry and
our Armed Forces, as well as civilian officials, tions elects for them? tireless people, determined to save Amer-
to serve any international agency, as he We speak with indignation of the chil- ica. They ·wm cut down our Tower of ·Babel
decides. dren's crusade of the Middle Ages in which and make sure government shall never again,
What has been going on under this pro- the boys and girls of Europe set out for on our soil, grow higher than the law.
vision? We do not know. the Holy Land, to fight the infidel, but were This uprising of the American people can
You will remember how hard your society waylaid and robbed, beaten and enslaved by · save our earnings and accumulated wealth
worked to find out how the President had greedy men, before they could reach their from being scattered to the four winds, in
transferred American soil at Norfolk to NATO. destination. Where are the fighting men the name of global welfare. '
Of course, the law says the assignment of who will bear the brunt of this third cru- But infinitely more important, Daughters
American fighting men i~ only for peacetime, sade under the United Nations? Today of the American Revolution, it can save
but the fighting in Korea was not war. It they are in our high schools, studying alge- our sons from being left to die on some dis-
was a police action, that is peace. bra, practicing football, cramming for ex- tant field of battle, in the service of ruth-
All the killing of our men serving under aminations in current events, getting to- less power, under a United Nations flag, in
United Nations military action, will be called gether a little money to buy records, or take the name of a. so-called United Nations
peace. their girls to a dance. peace.

cement our relationships and not sep- ADJOURNMENT OVER

HOUSE OF REPRESENTATIVES arate us one from the other. Mr. ALBERT. Mr. Speaker, I ask
Bless those who are leaders of our unanimous consent that when the House
FRIDAY, MAY 10, 1957 land, and the multitudes of private citi- adjourns today it adjourn to meet on
The House met at 12 o'clock noon. zens in the great cities and quiet country Monday next.
The Reverend Alan Kenneth Magner, places that in all things we may seek Thy The SPEAKER. Is there objection to
First Presbyterian Church, Rumson, N. J., will to know it and knowing it have the the request of the gentleman from
offered the following prayer: courage to do it, through Jesus Christ Oklahoma?
our Lord. Amen. There was no objection.
Almighty God, our Father in heaven,
who has placed us one and all in the The Journal of the proceedings of yes-
common bundle of life, we pray for Thy terday was read and approved. DISPENSING WITH CALENDAR
presence.
Especially today we pray in our na- MESSAGE FROM THE SENATE WEDNESDAY
tional life for Thy help to the hard A message from the Senate, by Mr. Mr. ALBERT. Mr. Speaker, I ask
pressed-we remember those States this McBride, one of its clerks, announced unanimous consent that it may be in
day in the Northeast ravished by forest that the Senate had passed a bill of the order that Calendar Wednesday of next
fire and the State in the South threat- following title, in which the concurrence week be dispensed with.
ened by flood. . of the House is requested : The SPEAKER. Is there objection to
In .our personal living guide us that S. 1491. An act to revise title 18, chapter the request of the gentleman from
what we do may draw men together and 39, of the United States Code, entitled " Ex- Oklahoma~
not divide them, that what we say may plosives and Combustibles." · ·· .T here was no objection.