ALLIED SHIPS GOING TO RED VIETNAM CALL IN U.S. PORTS
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Publication Date:
March 10, 1965
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House of Representatives
WEDNESDAY, MARCH 10, 1965
The House met at 12 o'clock noon.
The Chaplain, Rev. Bernard Braskamp,
D.D., used the following verse from Luke
24: 48: Ye are witnesses of these things,
and then offered the following prayer:
Let us pray.
Almighty God, we humbly acknowl-
edge that we are witnessing a time of
world crisis and. revolution, of confusion
and doubt, of upheavals and overturn-
ings of history.
There are many dark problems ahead
of us, demanding to be solved. We seem
to be walking a twilight path, reasoning
and holding counsel together, but often
discouraged and sad and lonely.
We sincerely feel that we need more
faith for our comfort and courage. May
we never be timid about our faith or
shrink from trying to share it with oth-
ers. Make us more forthright in talk-
ing of those spiritual truths which bear
witness that we are concerned about life's
highest interests.
Let us not be reticent about what we
know we ought to believe and what Thou
dust expect us to believe. Help us to
keep aglow the light of faith during these
times and may we do our utmost to stem
the tides of crime and delinquency among
youth and adults.
Grant that we may not, on any ac-
count, compromise with-the, forces of
evil but may, we join hands and hearts
in a new covenant of love and fidelity
to Thee in whom humanity alone can
find healing and hope.
Hear us in Christ's name. Amen.
THE JOURNAL
The Journal of the proceedings of yes-
MESSAGE FROM THE PRESIDENT
A message in writing from the Presi-
dent of the United States was communi-
cated to the House by Mr. Rdtchford, one
of his secretaries.
MESSAGE FROM THE SENATE
A message from the Senate by Mr. Ar-
rington, one of its clerks, announced
that the Senate had passed a concurrent
resolution of the following title, in which
the concurrence of the House is re-
quested:
S. Con. Res. 2. Concurrent resolution to
establish, a Joint Committee on the Organi-
zation of the Congress.
MEET AGGRESSION AGAINST VOT-
ING RIGHTS OF AMERICAN CITI-
ZENS
(Mr. JACOBS asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. JACOBS. Mr. Speaker, America
and the world learned in Manchuria and
Ethiopia that aggression cannot be
wished away but, if ignored, will grow
and spread like cancer.
Unchallenged aggression grows simply
because would-be aggressors begin to be-
lieve they can get away with it, too.
Who can deny that the scourge upon
American citizens in,Selma is aggression
as rank and brutal as any practiced in
Korea or Vietnam?
Legislation is being introduced in this
Congress effectively to meet aggression
against the voting rights of American
citizens.
To paraphrase the words of Wilson:
I can predict with absolute certainty
that within another 90 days, there will
be other Selmas if this American Gov-
ernment does not concert this means by
which to prevent them.
The eyes of racist demons, as well as
the eyes of heaven are upon this Gov-
ernment as it determines whether it will
protect God's children everywhere in
this Nation.
CORRECTION OF THE RECORD
Mr. DYAL. Mr. Speaker, I ask unani-
mous consent that the RECORD of yester-
day be corrected at page 4344 wherein it
is stated, "I am not one of the 15 Meal
bers of the House who recently made a
trip to Selma," to read "I am one of
the 15 Members of the House who recent-
ly made the trip to Selma."
The SPEAKER. I there objection to
the request of the ge stleman from Cali-
ALLIED SHIPS GOING TO RED VIET-
NAM CALL IN U.S. PORTS
(Mr. ROGERS of Florida asked and
was given permission to address . the
House for 1 minute. and to revise and
extend his remarks.)
Mr. ROGERS of Florida. Mr. Speaker,
in the last half of. 1964 over 200 ships
flying the allied flag hauled Red cargoes
into North Vietnam. Ironically these
same ships are being permitted to pick
up the profits from U.S. trade in our own
ports.
This situation exists at a time when
the U.S. merchant marine has slipped to
the point where it now carries less than
10 percent of America's sea trade.
At this very moment a Panamanian
ship called the Severn River is loading
in the port of New York. The Severn
River went into North Vietnam last year.
It also visited the U.S. ports of Richmond
and Norfolk. The Severn River arrived
in New York last Thursday, March 4,
from Communist Poland, and will sail for
Italy shortly.
This ship is typical of others which
serve the Reds in Asia, Eastern Europe,
and the Caribbean while enjoying the
conveniences of a free world flag. Os-
tensibly, the Severn River is owned by
the International Commercial Corp., of
Monrovia, Liberia. The president of that
corporation is Mr. Henry Edward Hooper,
of Chislehurst, Kent, England. The cor-
poration's vice president and its secre-
tary-treasurer are both British, and I
have their names and addresses.
While over 40 percent of the free-world
ships going into North Vietnam fly the
British flag, the allied nations of Japan,
Greece, Norway, Lebanon, Italy, West
Germany, and Panama also engage in
this Red trade.
Other free world vessels going into
Vietcong ports are using U.S. ports as
well. I have urged the State Department
to stiffen diplomatic pressures on those
countries shipping for the Reds. The
President is doing his utmost to control
the sitaution in Vietnam. The least our
friends can do is stop helping our ene-
mies.
ONE MAN, ONE VOTE IN STATE
LEGISLATURES
(Mr. WELTNER asked and was given
permission to address the House for 1
minute and to revise and extend his re-.
marks.)
Mr. WELTNER. Mr. Speaker, I have
read with much interest the daily pro-
tests of those who seek to destroy the
constitutional guarantee that one man
should have one vote in State legisla-
tures.
Advocates of this change vest para-
mount importance in geography, history,
economic interests and, as they say, "fac-
tors.other than population."
Is not "population" another word for
"people"?
I had always believed that the purpose
of government is to serve people; that
representative government is charged to
represent people; and that democracy is
government by people.
Now we are told that people must be
subordinated to geography-or history-
or economic interests.
Mr. Speaker, this is a strange doctrine.
Is geography important-except to lo-
cate people?
Is history important-except to guide
people?
Is economic interest important-ex-
cept to sustain people?
Mr. Speaker, governments are insti-
tuted among men, deriving their just
powers from the consent of the governed.
4569
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CONGRESSIONAL RECORD - HOUSE March 10, 1965
if this be true then democracy has but
one foundation, and that is people.
REORGANIZATION OF THE
CONGRESS
(Mr. HECHLER asked and was given
permission to address the House for
1 minute.)
Mr. HECHLER. Mr. Speaker, tomor-
row the House will consider Concur-
rent Resolution 4 to establish a Joint
Committee on the Organization of Con-
gress. This is long overdue. It has been
20 years since the organization of the
Congress was examined and recom-
mendations were made through the
La Follette-Monroney committee.
I support this resolution. I am sure
it will pass. However, there is one very
unfortunate limiting provision to which
I would like to call the attention of the
membership.
The resolution states that-
Nothing in this resolution shall be con-
strued to authorize the committee to make
any recommendations with respect to rules,
parliamentary procedures, practices, and
precedents of either House, or the considera-
tion of any matter on the floor of either
House.
I believe there are some Members who
wish to amend this concurrent resolution
to strike out this limiting provision. If
we are going to have an effective com-
mittee which will thoroughly study the
reorganization of Congress, it should not
be limited or hogtied. It should be
given the freedom to make a long and
careful examination of all aspects of
Congress. To be effective, the inquiry
should go into all of the rules, procedures,
and precedents of the House. Under the
Constitution, "each House may determine
the rules of its proceedings," and this will
be the case here, also. But we should
not inhibit the basic inquiry.
I would like to alert the membership
that this amendment will be brought up
when the resolution is considered tomor-
row. I trust that the amendment will be
adopted in order to produce a more
meaningful inquiry. Then Congress it-
self will have a full opportunity to pass
on any recommendations which are
made. Why limit the joint committee?
We ought to be able to trust ourselves to
proceed with a full and free inquiry, and
then vote on the results of the joint
committee's deliberations.
THE SELMA, ALA., SITUATION
(Mr. TUNNEY asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. TUNNEY. Mr. Speaker, I would
like to address the House on the very
explosive situation in Selma, Ala.
Negro citizens in Selma in the past
days have been subjected to cruel and
unusual treatment at the hands of lo-
cal and State officials. It is a national
disgrace to have American citizens beat-
en, tear gassed, and abused in this man-
ner.
Most of us look to our local and State
police as dedicated public servants who
strive to maintain the public order. In
Selma we are treated to a spectacle in
which Negroes not only cannot look to
the police for protection, but must fear
the police as a prime source of harass-
ment.
I believe that certain white and Negro
citizens of Alabama have been deprived
of their constitutional right of peaceful
assembly. I believe that there are suf-
ficient grounds to assume certain local
and State officials are responsible for
depriving these citizens of this right.
Under title 18, sections 241 and 242, of
the United States Code, it is a crime for,
any person acting under color of law to
deprive another inhabitant of the United
States of any constitutional right, privi-
lege, or immunity. It is also a crime for
two or more persons to conspire to in-
jure, oppress, threaten, or intimidate any
citizen in the free exercise of any con-
stitutional right or privilege.
It is my understanding and hope that
the Attorney General of the United
States is presently investigating recent
developments in the city of Selma to see
if any violations of Federal law have oc-
curred. If there have been violations, I
think that every fairminded citizen of
our country will join me today in urging
the Attorney General to prosecute those
men responsible to the full extent of the
law.
DRUG ABUSE CONTROL BILL
(Mr. ROSENTHAL asked and was
given permission to address the House
for 1 minute and to revise and extend
his remarks.)
Mr. ROSENTHAL. Mr. Speaker, be-
fore we conclude our action on the drug
abuse bill, H.R. 2, I would like to pay
tribute to my good friend and colleague
from Queens County, N.Y.-the Honor-
able JAMES J. DELANEY-Who deserves a
great deal of the credit for bringing this
legislation to the attention of the Con-
gress, and to this point where there is
a very good likelihood that it will be en-
acted into law.
In 1950, 15 years ago, JIM DELANEY was
working to improve the protection of the
American public through strengthening
of the Food, Drug, and Cosmetic Act. In
the early 1950's, long before some of us
were even Members of this House, he and
his investigating committee worked dili-
gently to gain the necessary and appro-
priate information whereby corrective
legislation could be developed.
In the 88th Congress, JIM DELANEY in-
troduced legislation which was the fore-
runner of the bill we are now consider-
ing. He had long ago recognized the
tremendous growth in the traffic of dan-
gerous drugs, and had recommended
that penalties on the abuse of barbitu-
rates and amphetamines be placed where
they rightfully belong-on the pushers
rather than on the enslaved users.
I believe that every American parent
whose children will be protected from
the ravages of drug abuse owes him a
great debt of thanks. I believe, too, that
every person who drives and carries his
family on the Nation's highways can be
thankful to JIM DELANEY for clearing
those roads of drug abusers armed with
lethal automobiles. His handiwork will
be clearly demonstrated by passage of
this bill which will help improve safe-
guards against drug abuse, work to re-
duce our highway accident toll, and at
the same time decrease juvenile delin-
quency and crimes of violence.
HEALTH HAZARD OF CIGARETTES
(Mr. VANIK asked and was given per-
mission to address the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. VANIK. Mr. Speaker, the Public
Health Service through the Surgeon Gen-
eral yesterday asked Congress for $1,-
950,000 to help keep the public informed
on the health hazards of cigarettes. I
am today, requesting the National Asso-
ciation of Broadcasters to cooperate in
this effort by considering voluntary curbs
on cigarette advertising to help the Pub-
lic Health Service in this effort.
DEMOCRACY MEANS A PARTNER-
SHIP OF THE PEOPLE IN GOVERN-
MENT
(Mr. MATHIAS asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. MATHIAS. Mr. Speaker, one of
the finest tributes ever paid to Winston
Churchill was at a time that is now rec-
ognized as having been the pinnacle of
his career. At that time however the
ultimate outcome of the war was still
unknown and the Churchillian power to
mobilize the courage and moral force of
the free world was not yet the legend
that it has now become.
Writing in early 1942 Walter Lippmann
noted Churchill's dedication to the prac-
tice of democracy, and in particular to
Churchill's concept that a free people are
entitled to full partnership in govern-
ment and that such partnership includes
a frank appraisal of all the information
that is necessary to create and sustain
national policy.
Sometimes this may mean conveying
good and hopeful news. Sometimes it
may mean conveying discouraging and
bad news. But this full partnership in
government by the people is necessary to
the practice of democracy. It is in this
spirit, Mr. Speaker, that I am today join-
ing in the cosponsorship of the resolu-
tion to change the rules of the House of
Representatives so as to allow the Secre--
tary of State to be recognized on the floor
of the House for the purpose of answer-
ing questions propounded by Members of
the House.
DRUG ABUSE CONTROL AMEND-
MENTS OF 1965
(Mrs. BOLTON asked and was given
permission to address the House for 1
minute and to revise and extend her re-
marks.)
Mrs. BOLTON. Mr. Speaker, I want
to congratulate the Committee on Inter-
state and Foreign Commerce for bring-
ing out the bill H.R. 2, to establish great-
er control over the manufacture and dis-
tribution of depressant and similar drugs
including barbiturates and ampheta-
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March 10, 11)65 CONGRESSIONAL RECORD SENATE
be only the beginning. "The present pro-
gram is going to cost more than 61 billion
a year before long, and the_ U.S. taxpayer
won't stand for that very long," declares
Marion Rhodes, president of the New York
Cotton Exchange, who also raises cotton in
Missouri.
JOHNSON SEEKS NEW APPROACH
The industry's nervousness over the extent
tQ which it relies on Federal furnds has in-
creased in .recent weeks, While President
Johnson has' indicated he favors continuing
present price-support programs at least an-
other'year, he has directed Agriculture Sec-
retary Freeman to "lead a major effort to find
new approaches to reduce the heavy cost of
our farm programs and to direct more of our
efforts to the small farmer who needs help
the most."
This was closely followed by an Agriculture
Department report showing that 56 percent
of the Nation's farm families got just 9 per-
cent oftl the Government's price support pay-
ments in the 1063-64 crop year. Then there
was a magazine article by Budget Director
Kermit.Gordon critical of the cost of farm
price-support programs. Furthermore, con-
tinuing reapportionment of congressional
seats is trimming the farmer's already dwin-
dling political power.
i "There's no doubt the present cotton pro-
grain is costing too much for what we're get-
ting out of it," asserts C. H. Devaney, presi-
dent of the Texas Farm Bureau in Waco.
Significantly, his State led the Nation in the
1963-64 crop year with receipt of $492 million
in price supports on all farm products. Like
other members of the American Farm Bu-
reau Federation, Mr. Devaney would like to
see cotton price supports steadily reduced
and eventually replaced by a support equal
to 90 percent of the average market price in
the preceding 3 years.
SUPPORT PRISE RECLINE
There's some Indication, the Agriculture
Department is already tending in the direc-
tion the Farm Bureau seeks to go. Price
supports on the 1965-66 cotton crop will drop
to 29 cents a pound, from 30 cents this year
and 32.5 a year ago. The bureau would like
to see them further reduced to 27 cents a
pound in the 1967-68 crop year. Then start-
ing with the 1968-69 crop year, the 90 percent
of the preceding 3-year average would take
over-or about 25 cents in 1968-69. Pre-
sumably, the support level would drop fur-
ther in., succeeding years, as market prices
set by supply and demand would become the
basis for supports.
But perhaps the major reason for worry
in the cotton industry is the fact that the
Federal Government's n aesive new. program
is failing to solve the industry's longstanding
Ills, and it's adding some new problems as
well.
"The present program is hopeless," states
C. Layton Merritt, Jr., a New Orleans cotton
broker. In varying degrees, his sentiment is
echoed by.scores of cotton farmers, ginners,
and shippers from the Carolinas to Cali-
fornia. They're joined by the chairman of
the Senate Agriculture Committee, Senator
ELLENDER, of Louisiana, who contends the
new program has failed to accomplish a
single thing it set out to do.
To be sure, the new textile mill subsidy
ended the inequality of U.S. mills paying 8.5
cents a pound more for U.$, cotton than
their foreign competitors paid for our cotton.
That,_in turn, perked up textile profits, and
prompted some price cuts on U.S,-made
clothing.
But even these successes have been limi-
ted. Synthetic fibers made up a record
38.6 percent of the raw material fed to U,8.
textile lpoms. in.,1964, while cotton's share
plunged to an alitime low of 54,; percent.
Imports of foreign-made clothing continued
to take a growing share of U.S.__markets.
And price cuts on U.S.-manufactured cloth-
Ing have fallen short of the $500 million
Congress had anticipated.
To many in the cotton industry, there-
fore, the new program amounts to, little
short of a disaster. Instead of rising, ex-
port sales of U.S. cotton are falling at
a sharper rate than domestic sales, are climb-
ing. For the year ending July 31, exports
are expected to be 1.4 million bales under
the previous year, double the anticipated 700
million bale rise in domestic use.
"The fixed export price on U.S. cotton
makes it practically impossible to sell on the
world market when other countries have
cotton for sale-they simply undercut our
price," complains Jack J. Stoneham, Dallas
cotton merchant and chairman of the for-
eign trade committee of the National Cot-
ton Council. "We're reduced to selling what
can be sold under foreign aid programs and
outright giveaways to other countries."
ADDING TO THE SURPLUS
Because this decline in exports is cutting
total consumption after a record crop, the
addition to Government surplus stocks of
cotton on July 31 is expected to total 2 mil-
lion bales, double the rise a year earlier.
That would put stocks at 14.4 million bales,
the second highest carryover ever. This
amounts to a full year's supply and repre-
sents a taxpayers' investment of about $2
billion.
"This rapid buildup up Government
stocks is a millstone around the farmer's
neck," declares Walter I,,. Randolph, Mont-
gomery, Ala., a national vice president of
the American Farm Bureau Federation.
"Everytime the surplus climbs, it brings
more pressure for a cut in acreage allot-
ments."
And despite a record 15.3-million-bale har-
vest in the current crop year, farmers are
getting less money for their cotton than the
previous year, due to a combination of lower
support prices and a decline in total demand
for cotton.
"I sold my cotton for 2 cents a pound
above the 32.5-cent support price a year ago,
but this time I've only been able to get the
new 30-cent support price-'that 4.5-cent cut
has cost me $22.50 a bale," says Newton S.
Cooper, a Casa Grande, Ariz., cottongrower.
Russell Kennedy, an official of a large Cali-
fornia cooperative, reports, "about 40 per-
cent of the farmers on the eastern side of
the San Joaquin Valley didn't make any
profit on their crops this year under the new
program."
Perhaps the severest critics of the program
are the merchants and shippers. "The red-
tape connected with the new program is
driving me crazy," comments Charles W.
Shepard, Jr., a Gadsden, Ala., merchant.
Merchants and shippers also complain the
current cotton program is reducing the role
of middleman. "The program so heavily
favors cooperatives that they're steadily tak-
ing over the industry," declares Ed Martin,
vice president of Sternberg-Martin Co., a
Dallas cotton firm. "With their vast tax ad-
vantages, they're diverting profits produced
at Government expense into purchase of
hundreds of cotton gins, cottonseed oil mills,
cotton compresses and other facilities."
Merchants feel much of the trouble comes
44,79
YIELDS GET A BOOST
The program also has been foiled by the
farmer's ingenuity in steadly boosting yields
per acre-they now average about 1 bale
per acre, compared with one-quarter bale
when Government cotton programs started
in 1933. For example, farmers agreeing to
out their 1965-66 acreage by one-third from
their normal allotment can qualify for a loan
price 4.35-cents-a-pound higher than those
using the full allotment. But, notes J. D.
Hayes, president of the Alabama Farm
Bureau, "a large number of Alabama farmers
are going to take this so-called domestic al-
lotment this year, then skip-row plant and
grow just about as much cotton as before."
Skip-row planting is the technique of plant-
ing two rows, then leaving one fallow. This
counts as a one-third acreage reduction, but
the extra space stimulates cotton production
in the remaining rows by 30 to 60 percent.
Many in the industry are also critical of
the emphasis the program places on "pre-
serving the small farmer." Over half of the
707,989 farms receiving cotton allotments in
1964 received 15 acres or less, notes a Mem-
phis banker. "About half of these farmers
would just as soon quit raising cotton if the
Government would give them a way to do
so," he asserts.
Shippers and merchants generally agree
the obvious way to regain cotton's lost mar-
kets would be to return to a free market in
which supply and demand would set the
price of cotton. To ease the transition of
farmers to this free market, they suggest the
Government simply make direct payments to
the farmer based on the difference between
the market price of his cotton and the sup-
port level calculated to give him a profit.
"This would be vastly cheaper than the
present system, and would start cotton mov-
ing in normal trade channels again," con-
tends Mr. Rhodes, of the New York Cotton
Exchange.
Most producers, however, oppose this pro-
posal. "Any system of direct payments to
farmers would probably mean limitations on
the amount a farmer could receive," says
Harold F. Oldendorf, an Osceola, Ark., cot-
ton farmer. "That would penalize those who
are the most efficient." Adds C. R. Harvin,
a Summerton, S.C., cottongrower: "Once we
start following the world price down, there's
no telling how low it would go. That would
surely mean similar cuts in support prices."
But all segments of the industry agree
that some new approach must be tried soon.
Warns Mr. Helmbrecht, of Dallas: "We are
no longer at the pr verbial crossroad. U.S.
cotton has reachede end of the line. We
have to start growl cotton for consumption
or stop-growing it."
D2
SHODIYir ARMS AND EQUIPMENT
IN VIETNAM
Mr. TOWER. Mr. President, I have
been shocked, as I know other Sen-
ators have, by press dispatches over the
weekend indicating that American serv=icemen in Vietnam still-after all these
months-feel they are getting shoddy
arms and equipment inadequate to the
under a Government loan, set well above May I-say that letters I have received
the market price, and receive immediate
payment for it. Then if the cotton can't be from Vietnam express the same view.
sold by July 31, the Government simply takes I do not desire to belabor the point. It
title to it. is too obvious to need my elaboration.
"The cotton loan program has been a total May I only ask that there be printed in
failure," asserts William C. Helmbrecht, Jr., the RECORD a copy of an Associated Press
past president of the Dallas Cotton Exchange.
story from the Washington Star of
"Not only does it build surpluses and cost March 7 and the text of Senate Resolu-
money, it has encouraged farmers scattered
around in almost every State to produce cot- tion 25 presented to this Senate by my-
ton just for the Government to store because self and Senators ALLOTT, BENNETT, CUR-
its quality is not spinnable at the price TIS, FANNIN, JORDAN Of Idaho, MURPHY,
Washington sets for it,' RANDOLPH, and SIMPSON.
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CONGRESSIONAL RECORD - SENATE March 10, 1965
In addition, Mr. President, I sincerely
hope that the President will find It pos-
sible to declare the southeast Asian thea-
ter a combat zone. Obviously it is that
with 27,000 Americans there and Marines
engaging in landing operations.
This simple Presidential designation
would bring increased efforts at home to
see that our troops are properly supplied;
it would increase morale; and it would
immediately grant income tax benefits to
our men there and to their dependents-
and-in those tragic cases that continue to
arise--to their survivors.
There being no objection, the article
and resolution (S. Res. 25) were ordered
to be printed in the RECORD, as follows:
WEAPONS IN VIETNAM SHODDY, SOLDIERS SAY-
NEW AMERICAN COMPLAINTS ALSO INCLUDE
SHORTAGE OF- AMMUNITION
(By Peter Arnett)
SAIGON, SOUTH VIETNAM.-A flurry of new
compalints came yesterday from U.S. service-
men in South Vietnam that they are fight-
ing with shoddy weapons, shortages of am-
mution, and a lack of equipment-al-
though, they said, some items are for We on
Saigon's black market.
One U.S. Army adviser said Soviet-made
ammunition clips taken from the Vietcong
are better quality than those sent from the
United States. The American ones jam the
U.S.-made weapon, he said.
NEW COUP RUMORED
In the field, fighting continued around the
joint United States-Vietnamese airbase at
Da Nang. The field there is the jumping-off
point for airstrikes against Communist
North Vietnam and Laos.
Here in Saigon rumors of new coup were
afloat and there was a possibility of anti-
American demonstrations.
Coup talk got started after Vietnamese air
force planes flew a mock bombing raid on the
city. Their flights apparently were touched
off by the presence of troop reinforcements
in the city to guard against possible anti-
U.S. demonstrations.
Complaints from U.S. servicemen about
their weapons and equipment are nothing
new in this war but the latest batch comes at
a time when U.S. Involvement here has been
deepened.
UNITED STATES TO INVESTIGATE
In Washington, the Defense Department
said the new complaints would be looked
into.
"It is and has been the policy of the U.S.
Government to give U.S. forces in South
Vietnam a blank check for obtaining any
and all material and logistical support
needed in connection with their activities.
Equipping our forces in South Vietnam has
had and will continue to have the highest
Priority," a spokesman said.
One U.S. Army adviser stationed in central
Vietnam claimed that although the war was
getting more serious, the most up-to-date
weapons have not come to all units.
"The armalite automatic rifle would fill
the bill nicely with its proven effectiveness,"
he said.
"But only the Special Forces and some
privileged units get these. The best we get
is the automatic carbine. As things get
worse here, we need the best weapon for
EQUIPMENT CRITICIZED
Another adviser said the ammunition clips
for the carbines are too lightly constructed
and jam easily under the hard usage.
"The clips for the Russian weapons we pick
up from the Vietcong are much stronger and
more heavily constructed," he said.
"I was better equipped in World War II,"
said a U.S. Army engineer, holding up a
World War I pistol belt and some rusty
cartridge magazines.
"I read somewhere that the Defense De-
partment says the Americans in Vietnam
are the best-equipped fighting men ever to
go overseas," he added. "They still have to
show that."
The most recent complaint to come to
light before this was that of U.S. Army Capt.
John King, of Sebring, Fla. In November
he wrote to his family that U.S. rifles, car-
bines, and machineguns had not been prop-
erly maintained by the Vietnamese. A
month later King was killed in action.
SENATE HEARING HELD
A secret Senate hearing in Washington
4 weeks ago upheld King's critical report.
Previous to that have been complaints from
U.S. airmen who said World War II-type
B-28 bombers fell apart in the air. The
old B-28's have been phased out.
Last November the Defense Department
acknowledged that first-aid kits issued to
American troops in the Mekong River Delta
area were unserviceable and had been re-
placed.
The new round of complaints came from
Army, Navy, Marine, and Air Force advisers.
They were interviewed separately. They all
asked not to be quoted by name lest they
get into trouble.
One item in short supply is camouflaged
nylon poncho liners used as lightweight
blankets.
AVAILABLE ON BLACK MARKET
"Saigon says they don't have any left, but
I know they are available on the black mar-
ket in Saigon," one lieutenant said. "I know
that if I went to U.S. military headquarters
in Saigon and made a scene I would be is-
sued a poncho liner and the other items I am
lacking. But then I would remain a first
lieutenant all my life."
An American pilot said he has not been
issued a flying jacket.
"Supply says it hasn't got any, but there
are hundreds being sold on the streets of
Saigon," he said. "I won't buy one there on
principle."
The pilot of an Army spotter plane
claimed:
"We can't get chamois leather to strain
gasoline at the tiny airstrips we refuel from.
But this chamois can be bought on the Sai-
gon black market without any trouble."
BAD AMMUNITION CHARGED
From U.S. Navy advisers came these com-
plaints:
"Some of the ammunition for our cannons
is in pretty bad shape when it gets here.
The guns on one ship jammed every 20 or 30
rounds."
"The skin hull of one of the Navy ships
sent over here from the States was so rusted
you could punch a hole through its armor
with a pencil."
Men in the central highlands claim that
the ammunition supply there is low. Others
reported shortages of artillery shells.
One Army man said ammunition issued
for personal weapons is often rusted.
"It was packed as far back as 1952 for
Korea," he said. "When we complain about
it we are told: 'Clean it'."
S. RES. 25
Whereas American military servicemen are
fighting and dying in the Republic of Viet-
nam and in Laos; and
Whereas these Americans and their Com-
rades-in-arms from the Republic of Vietnam
and from Laos are fighting to preserve free-
dom and liberty from the treachery and bru-
tality of Communist aggressors; and
Whereas the United Staten does not regard
its soldier sons as mere mercenaries fighting
only for pay, but as dedicated and Courageous
protectors of liberty who are committed to
battle to preserve and defend principles
which Americans hold to be of the utmost
importance; and
Whereas American servicemen go into bat-
tle knowing that they will not be betrayed
in trust or in support by their Government
or their fellow citizens for whom they offer
their lives if need be: Now, therefore, be it
Resolved, That American servicemen fight-
ing in the Republic of Vietnam, or at any
other place, be provided promptly and in
adequate numbers with the most effective
weapons, equipment, and aircraft available
in American military inventories.
DENUNCIATION BY AFL-CIO OF
TRADE WITH COMMUNISTS
Mr. TOWER. Mr. President, the
March 2 issue of the Washington Post
carried a story datelined Miami Beach
in which it was related that the AFL-
CIO's executive council had some
rather strong language for those busi-
nessmen in our midst who seek to trade
with Communist nations.
Mr. President, these labor leaders are
showing far more cognizance of the
world situation today than many of our
leading businessmen and largest cor-
porations. I commend their actions,
and I commend their statement to my
colleagues in the Senate. I ask unani-
mous consent that the newsstory be
printed in the CONGRESSIONAL RECORD as
it was carried on that date.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
AFL-CIO DENOUNCES BUSINESSMEN'S PLAN
To SEEK RED TRADE
MIAMI BEAcII.--The AFL-CIO's executive
council denounced American businessmen
yesterday for seeking trade with Com-
munist nations and called for a ban on trade
or credit concessions until Communist
leaders agree to make concessions.
AFL-CIO President George Meany char-
acterized thebusiness community's interest
in trade with the Communist bloc as "greed
for profit" The 29-member council's state-
ment added that trade concessions should
be predicated on such factors as the Com-
munists agreeing to stop subversion in South
Vietnam and the Congo and taking down
the Berlin Wall.
The strongly worded statement appeared
to be in conflict with President Johnson's
policy of exploring ways to use expanded
trade as a bridge toward world peace. But
Meany, when questioned on this point, said
he believed the President would agree with
the AFL-CIO's call for political concessions
as a precondition for greater trade.
POSITION OF DALLAS CHAMBER
OF COMMERCE ON CERTAIN PRO-
POSED LEGISLATION
Mr. TOWER. Mr. President, I ask
unanimous consent that there be printed
in the RECORD resolutions recently passed
by the Dallas Chamber of Commerce.
These resolutions indicate support of
that chamber for retention of section
14(b) of the Taft-Hartley law, for the
eldercare bill which I have introduced in
the Senate as S. 820, and for military
preparedness and elimination of waste
spending in our Federal Government.
I commend to the attention of the
Senate these thoughtful and powerful
resolutions.
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llrcl 10, 1965 CONGRESSIONAL RECORD -.HOUSE
Dr. Muschenheim said the 380,000 Indians
and Alaskan natives who benefit from the
Federal Indian health program, need annual
additions of at least $5 million to the Indian
health budget to improve health services.
The proposed budget carried a $2.4 million
increase for health.
STATISTICAL PROFILE
'He gave this statistical profile of the In-
dian today: "unemployment, 45 to 50 per-
cent; median family income, $1,500; housing,
90 percent below acceptable standards; aver-
age educational level, 5 years; average at
death, 43 for Indians and 35 for Alaska
natives."
Infant death and death from Influenza,
pneumonia, gastroenteritis and tuberculosis
occur a,t far higher rates among Indians than
in the general population, he said.
More than 70 percent of the Indians and
Alaskan natives haul their drinking water a
mile or more, from unsafe sources and in
unsanitized containers, he continued.
"Poor health, meager education, low In-
come and wretched living, conditions are the
cardinaf points on the vicious circle of In-
dian poverty," Dr. Muschenheim said.
TEMPORARY EMPLOYEES IN THE
POSTAL SERVICE
(Mr. DULSKI asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. DULSKI. Mr. Speaker, I am in-
troducing a bill today entitled "A bill to
limit the use of temporary employees in
the postal service." Because of various
restrictions, the.Post office Department
has been using an excessive, number, of
temporary substitutes. This is most un-
fair to the men who are serving as tem-
poraries, because they are not placed
under civil. service; they do not come
under the Civil Service Retirement Act;
they receive no credit for seniority pur-
poses, although they may serve as tem-
poraries from 3 to 7 or 8 years. It is, also
unfair to the Government, because it
does not provide for stabiii2ed regular
service, but it has a group of men work-
ing in an uncertain status for a long
period of time.
Routes are not filled on a permanent
basis; assignment of clerks is not made
on a permanentbasis-and it is my opin-
ion that the use of temporary substitutes
is a very expensive operation to tl;e Post
Office Department.
To illustrate the vast number of sub-
stitutes, that are used in the Post Office
Department, there were 104,878 regular
routes and 34,539 part-time routes.
There are generally more substitutes
used in.the clerical service than in the
letter carrier service, and the actual ratio
of substitutes to regular employees is 1
for every 2.5 regular employees. There
is a quota law that permits 1 substitute
for every 5 regular employees, so the
use of temporary substitutes has pretty
well nullified the quota law, which was
passed for good and sufficient reasons by
the Congress.
There is no business in America which
operates in such a makeshift manner
and, for that reason, I am introducing
legislation that will limit the use of tem-
poraries to a 90-day period and, follow-
ing.the conclusipn of that 90-day period,
temporary, substitutes cannot be rehired
until a 90-day interval has elapsed. This
will still permit the use of many regular
career substitutes who have civil service
status, have retirement rights and sen-
iority credit, and can look forward with
confidence to appointment to a regular
position.
In my opinion, the legislation is neces-
sary for both the stability and morale of
the postal service, and I hope that it will
be passed in this session of Congress.
NUMBER OF EMPLOYEES IN THE POSTAL SERVICE
Mr. Speaker, I am today also introduc-
ing a bill titled "A bill to make the provi-
sions of Public Law 82-253, as amended,
inapplicable to the Post Office Depart-
ment." The bill has for its purpose
amending the so-called "Whitten rider."
The Whitten rider, which was carried on
an appropriation bill passed in 1952, pro-
vided that the total number of employees
in the Federal Government could not in-
crease more than 10 percent above the
number on the rolls on' June 30, 1950.
There was one amendment to the rider
that permitted a little latitude in the case
of the Post Office Department, but with
the growth of population and the growth
of Government functions, we have now
reached a point where we can no longer
continue to operate under the restric-
tions of the Whitten rider. This is par-
ticularly true in the Post Office Depart-
ment, where there is an annual increase
of 2 billion pieces of mail and where the
number of houses requiring service is in-
creasing by 1.5 million a year, and the
population during the past year has in-
creased by 4 million people. Obviously,
more employees are needed to serve the
spreading suburbs throughout America.
The elimination of the restrictions of the
Whitten rider, as far as the Postal Field
ADMIT'T'ING THE SECRETARY OF
STATE TO THE HOUSE FLOOR FOR
QUESTIONING BY MEMBERS
4591
abroad. Presently, the public's knowl-
edge of the reasoning behind our con-
duct of foreign affairs is largely limited
to occasional press conferences and con-
gressional hearings. Neither is wholly
satisfactory.
Second, direct questioning of the Sec-
retary of State would enable Members
of Congress to secure prompt and au-
thoritative information on our relations
with other countries. This information
is essential to our role as elected public
officials.
Third, a free and spontaneous ques-
tion and answer period, responsibly con-
ducted, would increase public confidence
in the wide-ranging commitments of the
United States in defense of liberty and
justice. An informed electorate is an
enlightened one.
Mr. Speaker, I ask unanimous consent
that the text of the resolution, our joint
statement, and an article of mine which
appeared in last Sunday's New York
Herald Tribune elaborating this pro-
posal further be included in the RECORD
at this point.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
The matter referred to follows:
H. REs. 262
Resolution amending the Rules of the House
of Representatives to permit the Secretary
of state to answer questions on the floor
of the House
Resolved, That rule XIV of the Rules of
the House of Representatives is amended by
adding at the end thereof the following.
"9. The Speaker may recognize the Sec-
retary of State, and he may be admitted to
the floor of the House at any time, for the
purpose of answering any question by a
Member of the House of Representatives."
JOINT STATEMENT OF REPRESENTATIVES
. As Members of the Congress we are deeply
concerned over events in southeast Asia.
With all Americans we share an abiding hope
for the restoration of peace in Vietnam-a
permission to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. LINDSAY. Mr. Speaker, I am
pleased to announce that 12 colleagues
are joining me today in introducing a
resolution to amend the rules of the
House to permit the Secretary of State
to come onto the floor to answer ques-
tions by Members.
As I said in recommending this pro-
cedure over a month ago, I believe we
have an obligation to find out what the
administration's policies are, where they
are taking us, and what they are in-
tended to achieve. I believe this resolu-
tion would be very helpful to the Con-
gress. in assessing the course of this coun-
try's foreign policies.
The sponsors of the resolution are
holding a press conference to discuss-
this resolution, at_ 12:3Q p.m. today in
room H-219 of this building.
Adoption of this resolution would serve
the administration, the Congress, and the
people:
First, it would provide the administra-
tion with an excellent forum for the ex-
planation and defense of its policies.
V lel,na 1L aim eaen 01 line sovereign slimes or
the area.
Tension is mounting in the Middle East.
Other crises of less immediate drama are also
testing the capacity and willingness of the
United States to lead. There is serious dis-
cord within the Atlantic Alliance. In the
Cohgo, the turmoil continues. On each
foreign policy issue Members of the Congress
have the obligation to seek and the right to
receive detailed information from the admin-
istration regarding U.S. policy. The main-
tenance of effective communications between
the executive and legislative branches has
been a persistent problem.
We believe that it would be helpful for
the Secretary of State to appear on the floor
of the House of Representatives to answer
questions on U.S. policy in Vietnam and
other crisis area.
We have today introduced a resolution to
amend the Rules of the House of Representa-
tives in order to permit the Secretary to
participate in such a question period. The
questions of Members could be submitted to
the Secretary in writing together with the
invitation to appear before the House. Oral
questions during the Secretary's appearance
could be limited to those germane to ques-
tions which he has already answered. The
degree of detail of the Secretary's answers,
and even the decision to answer at all, are
matters properly left to his own discretion.
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4592 CONGRESSIONAL RECORD -HOUSE March 10,'.t 965
Adoption of this resolution would serve administration time and again as the au- The effect of the question hour is to compel
the administration, the Department of State, thority behind U.S. Policy decisions. Last both those in power and those out of power
the Congress, and the people: August, during debate on that resolution, the to think carefully and coherently about ma-
A question period would enable the ad- Congress and the executive branch took seri- jor issues of public policy. Questions-and
ministration to expound its foreign policy to ously the congressional responsibility to criticisms in the form of questions-are put
the public. Congressional committee hear- participate in the careful consideration of to the Government primarily by the mem-
ings, while valuable and necessary for fn- U.S. policy. They should continue to take bers of the "shadow cabinet"-the leaders of
depth inquiries on a variety of subjects, do that responsibility seriously by permitting the opposition, that is, who would constitute
not afford the administration a broad public the Secretary of State to answer questions the Cabinet were their party in office. The
audience. on Vietnam and other crisis areas on the floor result of this practice is a continuing inter-
A question period would enable the State of the House. change of questions, suggestions and criti-
Department to benefit from a sense of li- cisms between the leaders of the Government
ability of prompt and public explanation. [From the New York Herald Tribune, Mar. 7, and their counterparts in the opposition.
A question period would enable Members 19651 The entire system depends, of course, on
of the Congress, as popularly elected guard- THE NEED FOR SHADOW GOVERNMENT the existence of the "shadow cabinet." It
ians of the public trust, to secure and con- complements the actual responsibility of the
sider prompt and authoritative information (By JOHN V. LINDSAY) Government with the potential responsibility
on America's foreign relations. Politics, according to the old aphorism, is of the opposition, showing the people exact-
A question period would enable the people the art of the possible. And so it is, but ly, or almost exactly, where responsibility
to have the utmost confidence in their as important as it is for reasonable men would be if the minority party were put in
Government by facilitating the flow of in- to make reasonable compromises, it is equally power. The "shadow cabinet" system does
formation between the administration and important to maintain a continuing ques- not of course guarantee responsible and
the public. To the extent that the Presi- tioning of established policies and a con- creative opposition, but it provides a foun-
dentfa.l press conference does not fully fill tinuing inquiry into future requirements. dation for it, for which there is no counter-
this need, a question period in the Congress These functions of criticism and creativity part in the United States. Recently in the
may be an important complement to it. are the proper responsibility of the party out Congress, e s, Representatives I ropose that the rules me
Our resolution is simple and limited. It is of power. A political opposition which fails be changed in no sense an effort at comprehensive re- of them, contenting itself with negative carp- mediately to permit the Secretary of State
form of basic congressional procedures and ing or simply bland acquiescence to the on the floors of the House and Senate on a
therefore It has neither the broad scope nor policies of the majority party, is failing of regular basis to answer questions. The im-
the elaborate detail of previous efforts to its foremost responsibility to itself, to its portance rtcear policy is highlighted by h absence
and
provide for a public interchange between the supporters and to the American people as other clear poly in m e
spots. One
Congress and the Cabinet. a whole. The function of the opposition other ion changing cons and Vietnam,
d sensitive t na sos opposition One of a Eves the broad proposals of the past, how- is to oppose selectively, responsibly, and force the government c iv state its ition
ever, have had substantial bipartisan back- creatively. Each time a member of the mi- An American "shadow cabinet" could not,
ing. The long list of leaders who have 'given nority party criticizes the policies of the of course, consist of those individuals who
support to the principle of the resolution we current administration, his criticism should would hold Cabinet posts if the minority
have introduced today includes many whose express not only his view of what is being party were to come to power, because under
influence on U.S. foreign policy has been done badly but also his view of how it can our system members of the Cabinet are not
immense: Presidents Woodrow Wilson and be done better or of what should be done Members of the Legislature, as they are in the
William Howard Taft; Secretaries of State that is not being done. A creative opposi- United Kingdom, but are appointed by and
Henry L. Stimson, Charles Evans Hughes, and tion, in short, appeals to the public mind responsible to the President. Their Identity
James F. Byrnes; Senators Henry Cabot and imagination by raising compelling policy cannot therefore be known until a President
Lodge, Jr., Estes Kefauver, and J. WILLIAM alternatives. has been elected and has chosen them.
FVLBRIOHT. Even both sides of the current The Republican Party has not always been There is no reason, however, why the func-
Senate debate in Vietnam are represented on able to meet this responsibility to the extent tions of a "shadow cabinet" could not be
the list In the persons of Senators GROENING, that it can and should. To a great extent, performed by appropriate members of the
of Alaska, and McGEE, of Wyoming. the lack of inspiration in much of the Re- minority party in Congress. The party could
The great Republican Secretary of State, publican performance in Congress is not the designate one of its acknowledged congres-
Elihu Root, writing in 1935, best expressed fault of the minority party itself. In the sional experts in foreign affairs, for example,
the values which could be served by adoption House of Representatives the Republicans to serve as its "shadow cabinet" spokesman
of our resolution: have been handicapped by the refusal of the on foreign policy, its leading student of mili-
"It has long seemed clear to me that we Democratic majority to allow them sufficient tary problems to serve as its "shadow" sec-
ought to have some arrangement under staff assistance-which is absolutely essential retary of defense, and so on.
which Congress would have the benefit of for the analysis of highly complex legisla- For such an arrangement to work, it would
more prompt and authoritative information tion. The procedures of acquiring infor- be essential that members of the Cabinet
as to the action of the executive department. mation through committee hearings are and other executive officials appear before
"On the other hand, I think that a sense haphazard, disorganized and, in many in- the Senate and the House for frequent and
of liability of prompt explanation has a very stances, subject to the whims and eccen- regularly scheduled question hours. This
good effect upon the head and the leading tricities of a few members who hold positions would make it possible, as appearances be-
members of an executive department." of special power. fore congressional committees do not, for
Our limited proposal would enable both As a result of these and other shortcom- the entire membership of the two Houses
the majority and minority Members of the ings in the exploration of vital policy mat- to explore important policy Issues directly
House to consider foreign policy issues in the ters, the Congress has largely abdicated to with the executive branch of the Govern-
most constructive manner possible. We Re- the press a predominant role in the shaping ment, and, in so doing, would provide a whol-
publicans, with the reduced state of the of Issues. The Congress in recent years has ly new form for public education and par-
minority in Congress, have a higher oblige- seemed willing to denigrate its own role in ticipatlon in the shaping of policy. Such
tion than ever before to be a proper opposi- the formulation, discussion, and criticism of an arrangement, in my opinion, wanld nei-
tion in the sense that we insist that the public policy. And within the Congress the ther negate nor fundamentally alter ? the
Government make clear to the people vital distinction between Government and separation of powers, but would simply serve
through their elected representatives what opposition, proponent and critics, has become to open a new channel of communication
U.S. foreign policy is. hopelessly blurred in the fragmentation of and understanding between the executive
The Republican Party has a long tradition issues and alinements. and legislative branches of the Government.
of bipartisan support of foreign policy- I do not believe that the kind of- ighly Another felicitous possibility in the cre-
established beyond question by men of the disciplined, ideological parties which exist in ation of a "shadow cabinet" and a regu-
stature of Henry Stimson and Elihu Root. certain parliamentary systems could func- larly scheduled question hour is that their
But bipartisanship in foreign policy absolves tion in so heterogeneous a society as the effective use might well recover for Congress
no Member of Congress of his obligation to United States. But I do think that certain the power to raise and define issues and to
seek out the content and purpose of that practices of parliamentary systems can be float new ideas, a power now largely passed
policy, usefully studied with a view of their pos- to the press. The proper center for .a con-
The Intense consideration of foreign affairs sible adaptation to the American legislative tinuing serious dialog on public policy is
by the Congress and the House of Repre- system. the Congress; to the extent that the press
sentatives is not new. In recent years con- I think it possible, for example, that a has taken over this function, it is because the
gressional resolutions have, in fact, helped great deal might be gained by the adoption- Congress has abdicated it.
to define American foreign policy. The res- or at least the experimental adoption-by The major purpose of a "shadow cabinet"
olution on Formosa in 1955, the resolution on our Congress of the British practice of hold- arrangement adapted to the American con-
the Middle East in 1957, and the resolution ing regular question and answer sessions in gressional system would be the encourage-
on Berlin in 1962, all became vitally Impor- the House of Commons, during which mem- ment of a more vigorous and creative politi-
tant statements of the U.S. position. bers of the government, including the Prime cal opposition. It would be essential, there-
The congressional resolution on Vietnam, Minister, submit to intense and systematic fore, that the innovation be accompanied
passed last August 10, has been cited by the questioning by members of the opposition. by provisions for greatly expanded expert
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reh. lo, 1965
CONGRESSJQNAL. RIECQ.k ;Q HOUSE 4593
staff assistance for the minority-which, in "shadow cabinets" at the National and State ceive detailed information from the ad-
9 t, is urgently, needed under any circum- and local levels. of government, and certainly ministration regarding U.S. policy. The
stances. For the past 3 years I have served in New York City. It should at the same time
as a member of a small, congressional com- call for the institutional innovations, no maintenance of effective communica-
mittee, headed by Representative Fred Sph- tably the introduction of regular legislative tions between the executive and legisla-
wengel, of Iowa, which has been studying the question and answer periods, necessary for tive branches has been a persistent prob-
staff needs ,of the minority party in Con- the effective operation of a system of "sha- lem.
gress. It is clear from the inquiries we have dow cabinets." In so donig, the Republican A more direct link between the repre-
made that the need for greatly expanded mi- Party should be acting in full consonance sentatives of the American
nority staff assistance can hardly be over- with its own best tr ditions: wisdom and people and
stated
the rx
ti
h
ecu
ve
as been lacking in the
. effectiveness in power and responsibility and
Just as a "shadow cabinet" system might creativity in oppositi n. American political system-a link which
serve a valuable purpose in the Federal. Gov- could provide responsible and elevated
ernment, it might also be a healthy innova- debate on great foreign policy questions
tion in New York City. There are enormous PERMITTIAL~ THE SECRETARY OF in a bipartisan spirit.
resources, of unused human,,talent in. New STATE TO ANSWER QUESTIONS Aregular exchange of this character
York. The city has a great many men and in the well of the House would at the
women who, are well qualified in various ON THE FLOOR OF THE HOUSE
aspects of municipal affairs and whose talents (Mr. illuminate
policy is ie lpoli the heading. truth It t could where test-
could readily be made available to a munici-. REID of New York asked and was foreign
. pal "shadow cabinet," It is unfortunate and given permission to address the House in a way not now possible-the principles
discouraging that the Republican organiza- for 1 minute, to revise and extend his and the soundness of foreign policy, and
tion in the., city has never been willing to remarks, and to include extraneous policies in turn could receive a public
mount a yigorous and creative opposition, as matter.) sanction which could help undergird the
well it could by drawing on the many quasi Mr. REID of New York. Mr. Speaker, national will.
fled inO vicju s vail ble and willing to serve along with the gentleman from New While under our Constitution the Pres-
o muhey re a"shadow cabinet" might be York [Mr. LINDSAY], I urged the House ident is responsible for foreign policy,
expected to study, criticize, and offer pro- on January 27 to make it possible for the clear congressional debate on the broad-
posals on every aspect of city affairs: hous- Secretary of State to answer forthright- est stage could have a complementar
ing, scliools, police, parks and playgrounds, ly on the floor of the House pertinent and larger place. y
air and water pollution, traffic, sanitation, questions in the national interest. Adoption of this resolution would serve
trade and commerce, cultural affairs amuse- Today, in concert with a. number of the administration, the Department of
ments, taxes, and real estate. Municipal gov- my colleagues, I am introducing a resole-
ernment, like National Government, func- tion to amend rule XIV of the House of State, the Congress, and the people-
tions well only when it is held to account by Representatives by adding at the end A question period would enable the
a vigorous, responsible, and creative opposi- administration to expound its foreign
tion, one whits} does not hesitate to criticize thereof the following: policy to the public. Congressional com-
but does not do so without suggesting alter- The Speaker may recognize the Secretary mittee hearings, while valuable and nec-
native lines of action, and one which extends of State, and he may be admitted to the floor essary for in-depth inquiries on a variet
its proposals to future opportunities as well of the House at any time, for the purpose of y
as present necessities. answering any question by a Member of the of subJects, do not afford the adminis-
A shadow opposition should consist mainly House of Representatives. tration a broad public audience;
of independent citizens not generally con- A question period would enable the
netted with the regular organization of the The questions of Members could be State Department to benefit from a sense
opposition party. It should be structured in submitted to the Secretary in writing to- of liability of prompt and public ex-
an organized fashion, manned sufficiently to gether with the invitation to appear be- planation;
have a staff and be a catalyst for the politi- fore the House. Oral questions during A question period would enable Mem-
cal machinery, which is too often content to the Secretary's appearance could be lim- bers of the Congress, as popularly elected
do nothing in New York
persons highly City. knowledgeable ited to those germane to questions which
made up of guardians of the public trust, to secure and strongly identified with each area of mu- he has already answered. The degree of detail of the Secretary's answers, and and consider prompt and authoritative
nicipal activity. Above all, it should have information on America's foreign rela-
those professionally expert planners who al- even the decision to answer at all, are tions; and
ready exist and who are concerned with New matters properly left to his own discre- A question period would enable the
York. tion. People to have the utmost confidence in
A New York City shadow government My colleagues-the gentleman from their Government by facilitating the flow
should be financed the same ay the
and California [Mr. BELL], the gentleman of information between the administra-
publican Party is financed, by from Massachusetts [Mr. CONTE], the
public appeals. It should not be financed tion and the public. To the extent that
out of public funds, because then it would gentleman from Pennsylvania [Mr. the Presidential Press Conference does
have the appearance, if not the substance, of FULTON], the gentleman from New York not fully fill this need, a question period
paid silence. [Mr. HORTON], the gentleman from New in the Congress may be an important
The regular party machine, sadly enough, York [Mr. LINDSAY], the gentleman from complement to it.
does not have the caliber or energy in it at Pennsylvania [Mr. McDADE], the gentle-
the present moment to take on the job in man from Maryland [Mr. MATHIAS], the The great Republican Secretary of
proper fashion. In theory it should, but as a gentleman from Massachusetts [Mr. State, Elihu Root, writing in 1935, best
practical matter the machinery is not healthy MORSE], the gentleman from New York expressed the values which could be
enough to produce such an effort. Hope- [Mr. RoRlsoN], the gentleman from Ver-
served by adoption of our resolution:
fully this will change. It has long seemed clear to me that we
A democratic society needs vigorous de- moat [Mr. STAFFORD], and the gentleman
bate on public policy at every level. No gov- from Maine [Mr. TIIPPER]-and I are ought to have some arrangement under
ernment, of either party, at any level, of deeply concerned over events in south- more whreh Congress tess would have the benefit of
whatever composition, can safely, be left to prompt and authoritative information
r east Asia. With all Americans we share as to the action of the executive utive department.
govern without counsel and criticism from an abiding hope for the restoration of On the other hand, I think that a sense
a vigorous opposition. I believe that the in Vietnam-a
creation.of, or at least experimentation with, peace peace which pre- of liability of prompt explanation has a very
a "shadow cabinet" system could contribute serves the integrity of South Vietnam good effect upon the head and the leading
to the encouragement of creative opposition and each of the sovereign states of the members of an executive department.
at every level of American government. area. Mr. Speaker, the intense consideration
There are, of course, many other methods Tension is mounting in the Middle of foreign affairs by the Congress and
by which this objective can be pursued, and East. Other crises of less immediate the House of Representatives is not new. and whengall is entssa, ino madt re, no stitutio al drama are also testing the capacity and In recent years congressional resolutions
arrmt how contrived, will substitute for competent, re- willingness of the United States to lead. have, in fact, helped to define American
sponsible officeholders and vigorous, enlight- There is serious discord within the At- foreign policy. The resolution on For-
ened public, opinion. lantic Alliance. In the Congo, the ter- mass in 1955, the resolution on the Mid-
At 'this time, however, I believe that the moil continues. On each foreign policy dle East in 1957, and the resolution on
Republican Party could, with great benefit issue Members of the Congress have the Berlin in 1962 all became vitally impor-
both to itself and to the country, organize, obligation to seem, zjid the right to re- tant statements, of the U.S. position.
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CONGRESSIONAL RECORD -HOUSE March 16f,"1965
The congressional resolution on Viet- KLuczYNSKi, Democrat, of Illinois-the
nam, passed last August 10, has been Subcommittee on Small Business Prob-
cited by the administration time and lems in Urban Areas-Will seek to find
again as the authority behind U.S. policy methods whereby small businesses in ur-
decisions. Last August, during debate on ban areas can bestrengthened so as to
that resolution, the Congress and the encourage the improvements and devel-
executive branch took seriously the con- opments contemplated by President
gressional responsibility to participate in
the careful consideration of U.S. Policy.
They should continue to take that re-
sponsibility seriously by permitting the
Secretary of State to answer questions
on Vietnam and other crisis areas on the
floor of the House.
SUBCOMMITTEES AND AGENDA,
HOUSE SMALL BUSINESS COM-
MITTEE
(Mr. EVINS of Tennessee asked and
was. given permission to extend his re-
marks at this point in the RECORD and to
include a subcommittee list and agenda.)
Mr. EVINS of Tennessee. Mr. Speak-
er-the House Small Business Committee
in a recent organizational meeting
adopted an agenda for the 89th Congress
and appointed seven subcommittees to
assist the full committee in'conducting
the various hearings and investigations
which the committee plans to undertake
during the next 2 years.
In this connection, Mr. Speaker, I in-
clude a summary of this agenda and a
listing of the subcommittees, together
with their jurisdiction.
The full committee will conduct hear-
ings on the decentralization plan of the
Small Business Administration, on the
temporary curtailment of SBA loan pro-
grams, and on various new proposed SBA
programs. The full committee will also
study methods by which the small busi-
ness investment program regulated by
SBA can be used to supplement, promote,
and encourage economic growth.
Johnson in his recent message on cities
and metropolitan areas of our country.
Subcommittee No. 6 on regulatory and
enforcement agencies, under the chair-
manship of Representative JOHN D. DIN-
CELL, Democrat, of Michigan, will look
into the activities of monopolies and cor-
porate giants in competition with small
business. This subcommittee also will
give attention to television advertising
pricing as it relates to small business, and
make a study of franchising, both as an
avenue for small business development
and as an instrument for small business
domination.
In addition to the committee's six reg-
ular subcommittees and in response to
the urgent requests of numerous Mem-
bers of the House and hundreds of local
independent dairies located throughout
the United States, a special subcommit-
tee, under the chairmanship of Repre-
sentative NEAL SMITH, Democrat, of Iowa,
has been established to deal exclusively
with small business problems in the dairy
industry. This subcommittee will con-
duct investigations and, if necessary,
hold hearings to determine whether large
dairies are taking unfair competitive ad-
vantage of smaller operators.
The subcommittee memberships are as
follows:
Representative ABRAHAM J. MULTER,
Democrat, of New York; Representative
CHARLES L. WELTNER, Democrat, of Geor-
gia; Representative Ralph HARVEY, Re-
publican, of Indiana; Representative
FRANK J. HORTON, Republican, of New
York.
Activities of Regulatory and Enforce-
ment Agencies Relating to Small Busi-
ness: Representative JOHN D. DINGELL,
Democrat, of Michigan, chairman;
Representative NEAL SMITH, Democrat,
of Iowa; Representative CHARLES L.
WELTNER, Democrat, of Georgia; Repre-
sentative SILVIO O. CONTE, Republican,
of Massachusetts; Representative JAMES
T. BROYHILL, Republican, of North Caro-
lina.
Small Business Problems in the Dairy
Industry; Representative NEAL SMITH,
Democrat, of Iowa, chairman; Repre-
sentative Tom STEED, Democrat, of Okla-
homa; Representative JOHN DINGELL,
Democrat, of Michigan; Representative
FRANK J. HORTON, Republican, of New
York; Representative JAMES T. BRoY-
HILL, Republican, of North Carolina.
Representative JOB L. EVINS, Demo-
crat, of Tennessee, chairman of the full
committee, and Representative ARCH A.
MOORE, JR., Republican, of West Virginia,
ranking minority member, are ex officio
members of all subcommittees.
HORTON MILK PROMOTION BILL
(Mr. HORTON asked and was given
permission to extend his remarks at this
point in the RECORD and to include
extraneous matter.)
Mr. HORTON. Mr. Speaker, today I
have introduced a bill which seeks to
provide authority for milk producers to
support promotion, advertising, and nu-
tritional and economic research of milk
and dairy products through a Federal
marketing order.
My bill would amend the Agricultural
Marketing Agreement Act of 1937 to per-
mit dairy farmers operating under Fed-
eral milk marketing orders to raise funds
by uniform deductions from their milk
checks. In other words, dairy farmers
would be using their own money to sell
their own products.
Similar programs are available to
farmers in other segments of the agri-
cultural industry. For example, there
exists a program to develop and conduct
advertising and sales promotion pro-
grams for wool, mohair, sheep and goats
under the National Wool Act of 1954.
As would be the case under my bill,
deductions from amounts due producers
are made to finance advertising and pro-
motion programs.
Although there are advertising and
sales promotion programs presently in
effect in the dairy industry, dairy farm-
ers feel that the full potentiality of these
programs has, not been realized due to
the fact that only a fractional part of the
producers are involved in the program.
This measure would establish permissive
authority through which milk producers
under any Federal milk marketing order
could make research promotion and ad-
vertising programs marketwide if ap-
proved by two-thirds of the producers
voting in referendum called to consider
Foundations: Their Impact on Small
Business: Representative WRIGHT PAT-
MAN, Democrat, of Texas, chairman;
Representative JAMES ROOSEVELT, Demo-
crat, of California; Representative
CHARLES L. WELTNER, Democrat, of Geor-
gia; Representative RALPH HARVEY, Re-
publican, of Indiana ; Representative H.
manship of Representative WRIGHT ALLEN SMITH, Republican, of California.
PATMAN, Democrat, of Texas, will con- Small Business and Government Pro-
tinue its study of "Foundations: Their curement: Representative ABRAHAM J.
Impact on Small Business." MULTER, Democrat, of New York, chair-
Subcommittee No. 2, under the chair- man; Representative Tom STEED, Dem-
manship of Representative ABRAHAM J. ocrat, of Oklahoma; Representative
MULTER, Democrat, of New York, will JAMES ROOSEVELT, Democrat, of Califor=
inquire into procurement practices ap- nia; Representative H. ALLEN SMITH,
plied by the various agencies, and in ad- Republican, of California; Representa-
dition, develop information regarding the the SILVIO O. CONTE, Republican, of Mas-
amount of subcontracts and purchases sachusetts.
placed with small business by the coun- Taxation: Representative Tom STEED,
try's largest manufacturing organiza- Democrat, of Oklahoma, chairman;
tions. Representative ABRAHAM J. MULTER,
Subcommittee No. 3, under the chair- Democrat, of New York; Representative
manship of Representative Tom STEED, NEAL SMITH, Democrat, of Iowa; Repre-
Democrat, of Oklahoma, will seek to sentative JAMES T. BROYHILL, Republi-
bring about a clarification and sim- can, of North Carolina; Representative
plification of the Internal Revenue Code SILVIO O. CONTE, Republican, of Massa-
relating to taxation of small business chusetts.
corporations and partnerships. This Distribution Problems Affecting Small
taxation subcommittee also may inquire Business: Representative JAMES RoosE-
into the reasons why small business has VELT, Democrat, of California, chairman;
not made greater use of the new depre- Representative JOHN C. KLUCZYNSKI,
ciation guidelines. Democrat, of Illinois; Representative
Subcommittee No. 4, under the chair- JOHN D. DINGELL, Democrat, of Michi-
manship of Representative JAMES gan; Representative ARCH A. MOORE, JR.,
ROOSEVELT, Democrat, of Califorina, will Republican, of West Virginia; Represent-
investigate problems associated with dual ative FRANK J. HORTON, Republican, of
distribution, a practice which appears to New York.
permeate more industries each day. Small Business Problems in Urban
Subcommittee No. 5, under the chair- Areas: Representative JOHN C. KLU-
manship of Representative JOHN C. CZYNSKI, Democrat, of Illinois, chairman;
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March 10, 1965. CONGRESSIONAL RECORD- SENATE
Mr. HOLLAND. Mr. President, first
let me express my very sincere thanks to
the Senator from West Virginia for his
kind references to me. It just so hap-
pens that the problem first hit my State,
because we were in heavy production in
some of our most perishable agricultural
industries on January 1, when this cru-
sade of the Secretary of Labor, Mr.
Wirtz, was begun.
Let me say to the Senator from West
Virginia that I well know the situation
confronting the able producers of his
State. As the Senator from West Vir-
ginia knows, I am familiar with that area
of his State. It so happens that my
mother went to Florida from the State of
West Virginia, and I have been visiting
in the apple-producing area of his State
for a good many years. I believe that
one of the last experiences I had -there
was in his good company when we went
over to Moorefield in West Virginia.
The fact is, ladder men are hard to
find. These are men who operate lad-
ders in the picking of fruit such as avo-
cados and citrus fruits in Florida, and
such as the Senator from West Virginia
spoke of in his good State, and also in
the State of Virginia and other States in
the Appalachian region, in apple or-
chards as far north as our country goes,
because the State of Vermont-which is
so ably represented by the distinguished
senior Senator from Vermont [Mr.
AIKEN], whom I see in the Chamber-
also has the problem of finding good lad-
der men.
Over a ,period of years, we have dis-
covered that although we produce a good
many ladder men of our own, there are
a great many whom we have brought in
from the Caribbean area, and the fact
remains that we have never found
enough to handle our own citrus crops.
That same fact applies when we take
into consideration the combined needs
of the various apple orchards which ma-
ture their fruit at about the same time,
from north Georgia up into Pennsylvania
in the upper part of the belt, from there
on up to the Canadian border. I know
that the Senator is correct in his state-
ment that periodically, from year to
year, the producers have had to rely
upon the supplemental ladder men, pick-
ers of fruit, whom we have brought in, in
the first instance, and who have re-
mained in this country to pick other
fruit crops as the seasons move up the
seaboard.
Let me say once more to the Senator
from West Virginia that I appreciate
very much what he said, which points
up the fact what we have repeatedly
brought out on the floor of the Senate,
that here is a national problem- which
must be solved.
I agree with the Senator from West
Virginia that,we should use every do-
mestic workman who is willing and able
to perform this kind of work:
We have been required to recruit labor
this year as far north as Pennsylvania,
and as far. West as Missouri. We have
recruited workers from both States. But
when we have recruited them all, we still
find a shortage in our labor force of'ap-
proximately 200,000 which has to be met
in the skilled fields of ladder men and
canecutters and avocado and fruitpick-
ers. They have to use ladders approxi-
mately 60 feet in length, and we have had
to go to the offshore islands to get these
ladder men.
I hope that the Senator from West
Virginia will be successful in his efforts.
I welcome his addition to our group,
which is trying to get reason to prevail.
It is completely false for anyone to
assume that we would not prefer do-
mestic labor, because of course we would;
but the idea that unemployed workers,
just because they are unemployed in
some other part of the Nation, are them-
selves skilled in the specialized tasks
which are needed in areas where perish-
able crops are produced, and which have
to be harvested when they are ripe, is a
fallacious idea on the face of it.
I certainly hope that the Senator from
West Virginia will continue his good
efforts. I know that they will add
greatly to the effectiveness of the com-
bined efforts of all of us working in this
field.
I thank the Senator from West Vir-
ginia very much for bringing his points
out so well.
Let me say that I have talked repeated-
ly with the Senator from Virginia [Mr.
BYRD] who was mentioned by the Sena-
tor from West Virginia. The Senator
from Virginia [Mr. BYRD] has the largest
single planting of apples in West Vir-
ginia. He also has a larger planting
of apples, as I understand it, in his own
State of Virginia.
Mr. RANDOLPH. The better apples,
however, come from West Virginia.
Mr. HOLLAND. That is a matter
which the Senator from West Virginia
can debate with the Senator from Vir-
ginia [Mr. BYRD]. He can argue with the
Senator from Virginia about that. That
is a point I would not wish to decide. I
have eaten delicious apples from both
States.
However, he prefers not to take part
in this argument, not because he is not
directly and fundamentally interested,
but because he is so much interested, and
he has asked me that he be excused from
appearing, for the very reason that he
uses some hundreds of offshore pickers
in the picking of his own fruit.
I am glad the distinguished Senator
from West Virginia has brought him in-
to this picture, because he is vitally con-
cerned. I do not know how he would
be able to pick his fruit unless he had
the use of this force. I thank the Sena-
tor from West Virginia, and I encourage
him in the further use of his good right
arm.
Mr. RANDOLPH. Mr. President, this
is another indication of the persuasive-
ness of the Senator from Florida, and we
are grateful for his presentation of this
problem.
AMENDMENT OF ARMS CONTROL
AND DISARMAMENT ACT
The Senate resumed the consideration
of the bill (H.R. 2998) to amend the
Arms Control and Disarmament Act, as
amended.
The PRESIDING OFFICER. The
bill having been read the third time, the
4563
question is, Shall it pass? The yeas
and nays have been ordered, and the
clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. MANSFIELD (when his name was
called). On this vote I have a pair with
the distinguished Senator from Louisi-
ana [Mr. ELLENDER]. If he were present
and voting, he would bote "nay"; if I
were permitted to vote, I would vote
"yea." I therefore withhold my vote.
The rollcall was concluded.
Mr. LONG of Louisiana. I announce
that the Senator from North Dakota
[Mr. BURDICK], the Senator from Louisi-
ana [Mr. ELLENDER], the Senator from
Massachusetts [Mr. KENNEDY], the Sen-
ator from Ohio [Mr. LAUSCHE], the Sena-
tor from Florida [Mr. SMATHERS], and
the Senator from New Jersey [Mr. WIL-
LIAMS] are absent on official business.
I also announce that the Senator from
South Carolina [Mr. JOHNSTON], the
Senator from Washington [Mr. MAGNU-
SON], the Senator from New Hampshire
[Mr. MCINTYRE], the Senator from Min-
nesota [Mr. MONDALE], and the Senator
from Connecticut [Mr. RIBICOFF] are
necessarily absent.
I further announce that the Senator
from Georgia [Mr. RUSSELL] is absent
because of illness.
I further announce that, if present and
voting, the Senator from North Dakota
[Mr. BURDICK], the Senator from South
Carolina [Mr. JOHNSTON], the Senator
from Massachusetts [Mr. KENNEDY], the
Senator from Minnesota [Mr. MONDALE],
the Senator from Connecticut [Mr. RIBI-
corF], the Senator from Florida [Mr.
SMATHERS], and the Senator from New
Jersey [Mr. WILLIAMS] would each vote
"yea."
Mr. KUCHEL. I announce that the
Senator from Vermont [Mr. PROUTY] is
necessarily absent.
The Senator from Colorado [Mr. DoM-
INICK] is detained on official business.
On this vote, the Senator from Ver-
mont [Mr. PROUTY] is paired with the
Senator from Colorado [Mr. DOMINICK].
If present and voting, the Senator from
Vermont would vote "yea" and the Sena-
tor from Colorado would vote "nay."
The result was announced-yeas 74,
nays 11, as follows:
[No. 36 Leg.]
YEAS-74
Aiken
Gore
Montoya
Allott
Gruening
Morse
Anderson
Harris
Morton
Bartlett
Hart
Moss
Bass
Hartke
Mundt
Bayh
Hayden
Muskie
Bennett
Hickenlooper
Nelson
Bible
Hill
Neuberger
Boggs
Holland
Pastore
Brewster
Inouye
Pearson
Byrd, W. Va.
Jackson
Pell
Cannon
Javlts
Proxmire
Carlson
Jordan, N.C.
Randolph
Case
Jordan, Idaho
Saltonstall
Church
Kennedy, N.Y.
Scott
Clark
Kuchel
Smith
Cooper
Long, Mo.
Sparkman
Cotton
Long, La.
Stennis
Dirksen
McCarthy
Symington
Dodd
McGee
Tydings
Douglas
McGovern
Williams, Del.
Ervin
McNamara
Yarborough
Fannin
Metcalf
Young, N. Dak.
Fong
Miller
Young, Ohio
Fulbright
Monroney
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,6 NAYS--11
Byrd, Va. McClellan Talmadge
Curtis Murphy Thurmond
Eastland Robertson '.rower
Hruska Simpson
NOT VOTING-15
Burdick Lausche Prouty
Dominick Magnuson Ribicoff
Ellender Mansfield Russell
Johnston McIntyre Smathers
Kennedy, Mass. Mondale Williams, N.J.
So the bill (H.R. 2998) was passed.
Mr. FTJLBRIGHT. Mr. President, I
move to reconsider the vote by which
the bill was passed.
Mr. MANSFIELD. Mr. President, I
move to lay that motion,on the table.
The motion to lay on the table was
agreed to.
The title was amended so as to read:
"An Act to amend the Arms Control and
Disarmament Act, as amended, in order
to continue the authorization for appro-
priations."
Mr. FULBRIGHT. Mr. President, I
ask unanimous consent that the bill be
printed with the Senate amendment.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
Mr. FULBRIGHT. I move that the
Senate insist upon its amendment and
request a conference with the House on
the disagreeing votes of the two Houses
thereon, and that the Chair appoint the
conferees on the part of the Senate.
The motion was agreed to; and the
Vice President appointed Mr. FULERIGHT,
Mr. SPARKMAN, Mr. MANSFIELD, Mr.
HICKENLOOPER, and Mr. AIKEN conferees
on the part of the Senate.
LEGISLATIVE PROGRAM
Mr. DIRKSEN. Mr. President, I
should like to query the majority leader
about the program for tomorrow.
Mr. MANSFIELD. Mr. President, in
response to the question raised by the
distinguished minority leader, it is an-
ticipated that Senate bill 510, the Com-
munity Health Services Extension bill,
which has been reported from the com-
mittee, and on which a report will be
filed and ready, will be the business to-
morrow. There may be some nomina-
tions. There will be some speeches.
Then it is anticipated that there will be
an adjournment from tomorrow until
Monday at noon.
ORDER FOR ADJOURNMENT UNTIL
TOMORROW
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that when the
Senate adjourns tonight that it stand
in adjournment until 12 o'clock noon
tomorrow.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
APPOINTMENTS BY THE VICE
PRESIDENT
The VICE PRESIDENT. The Chair
announces that pursuant to Public Law
86, the Chair appoints Senators ERVIN,
MUSKIE, and MUNDT as members of the
Commission on Intergovernmental Re-
lations.
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SIONAL RECORD -SENATE March 10, 1965
WS OF PROFESSORS ON
VIETNAM
ernment have the overwhelming support of
the Vietnamese people. How can this be so?
On the same day that Mr. McNamara said
sneak attacks upon our soldiers cani}ot be
prevented, an American officer on the scene
in Vietnam declared that 'any of the people
in the hamlet over there could have warned
us that the Vietcong were around, but they
did not warn us.' The weapons used against
us are most often American weapons, cap-
tured from or surrendered by the South
Vietnamese army. Mr. President, we submit
that weak field intelligence in South Viet-
nam and a steady loss of workable weapons
to the enemy, are deep symptoms of an un-
popular cause.
"Why are we fighting in Vietnam? Mr.
President, we think we understand why we
went into Vietnam after the French with-
drew. It was because this Nation hoped to
encourage the development of a popular,
stable, and demorcatic government which
would help to lead all southeast Asia toward
lasting peace. Historical, political, social, re-
ligious, and sectional factors have prevented
this development. The original assumptions
are no longer valid. We have become in-
creasingly unwelcome everywhere in south-
east Asia. Our presence seems to deepen,
rather than to relieve, the bitterness and
hostility of the people. It was only 10 years
ago that the Vietnamese defeated a French
Army of nearly half a million men. Will the
same battles occur again?
"Can we win in Vietnam? Mr. President,
we know that our Nation has sufficient fire-
power to destroy the, entire world. We also
know that you do not wish- to call upon this
awesome power. How can we possibly win
and yet prevent a widening of this conflict?
How can we win in Vietnam with less than
30,000 'advisers' when the French could not
win with an army of nearly half a million
fighting both north and south of the present
dividing frontier?
"Is it worth the cost? The French defeat
in Indochina cost them 172,000 casualties.
Yet, before their final bloody defeat in Dien-
bienphu, the French generals and diplomats
spoke with the same toughness and opti-
mism, the same assurances we now hear from
our leaders.
"The French had overwhelming numbers
and firepower but they lost in Vietnam be-
cause they lacked the support of the popula-
tion. Do we face the same prospect, or are
there facts which the public does not know
which show our situation to be clearly dif-
ferent?
"Mr. President, we are aware that you have
secret information which cannot be shared
with us. But could such information com-
pletely refute the picture of events and the
political insights provided to us by serious
newspapermen who have been in the area for
years?
"All we can see is a seemingly endless series
of demonstrations and riots in Saigon and
Hue, of military coups, of threats and chal-
lenges to the dignity of our Ambassador and
our other representatives by the very men
we seek to sustain in power.
"We have lost the initiative in Vietnam. A
few guerrillas can trigger American reactions
that widen the war. The events of the past
week are leading step by step along the path
to war with China.
"Would it not be both prudent and just to
takethe initiative toward peace in Vietnam?
If we are not to widen the war beyond all
conscience, as reasonable men we must initi-`
ate negotiations while there is still time."
SUNY, Brockport: Stephen B. Bird, Eng-
lish; Lucille H. Bush, administration; Ed-
ward R. Cain, political science; John It.
Crowley, English; Kaarlo Filppu, economics;
Leslie G. Gale, sociology; James A. Rhody,
English; David S. Tillson, anthropology; Dor-
othy V. Waterman, administration; Ernst A.
Wiener, sociology.
Mr. MORSE. Mr. President, I re-
ceived a letter from Prof. Myron J. Gor-
don, chairman of the Rochester Area
Professors' Ad Hoc Committee on Viet-
nam. The letter reads as follows:
DEAR SENATOR MORSE: I am sure you will
be Interested in the expression of opinion on
the Vietnamese situation contained in the
enclosed open letter to President Johnson,
which appeared as an advertisement in the
Rochester (N.Y.) Democrat and Chronicle
of March 7, 1965, and which was signed by
118 Rochester area professors.
I would like to take this opportunity to
thank you for your great efforts to secure a
peaceful solution to the war in Vietnam.
Sincerely,
MYRON J. GORDON,
Chairman, Rochester Area Professors'
Ad Hoc Committee on Vietnam.
Mr. President, I ask unanimous con-
sent that the open letter, which is signed
by 118 professors, written to President
Johnson, on the subject of Vietnam, en-
titled "Peace Through Negotiations" be
printed at this point in the RECORD.
There being no objection, the letter
was ordered to be printed in the Record,
as follows:
AN OPEN LEITTER TO PRESIDENT JOHNSON ON
VIETNAM-PEACE THROUGH NEGOTIATIONS
We are cheered by the news that England,
France, Russia, U.N. Secretary General U
Thant, and the Vatican are all pressing for
an international conference to negotiate a
settlement of the conflict in Vietnam, and
we strongly urge you to cooperate with these
efforts to achieve peace.
In negotiating the terms under which we
would withdraw from Vietnam we ask you
to bear in mind that the people of South
Vietnam have been suffering the agonies of
war and civil war for over 20 years and
that recent events make it clear that the
only alternative to a negotiated peace is
the risking of a nuclear holocaust through
escalation of the war.
We find considerable merit in and urge
your serious consideration of the following
remarks on our Vietnam policy which ap-
peared in the February 16, 1965, issue of the
New York Times as an advertisement signed
by over 400 professors.
"Each day we hear fresh news from Viet-
nam, news both strange and grim. We strike
by air in reprisal against North Vietnam be-
cause our soldiers, sent as armed technicians
and advisers to an army which cannot yet
guard them well, have been attacked in their
barracks in the very heart of South Viet-
nam. We have widened the war-how wide
will it become?
"Fear of escalation of this undeclared war
against North Vietnam mounts with each
sudden report of renewed violence. Unless
the situation is very different from what it
appears to be, we have lost the political
initiative in Vietnam and are attempting to
substitute military actions for political
ones. We face grave risks in Vietnam.
Americans have faced even graver risks for
good and high cause, Mr. President, but we
must first understand why we must take
such risks. What are our goals in Vietnam?
Are they just? Can they be accomplished?
Are they truly worth what they are bound
to cost in dollars and human lives?
"With whom are we allied in Vietnam?
Are our soldiers fighting side by side with
troops of a representative and legitimate
national Government, or are we embroiled
in defense of an unpopular minority in a
fierce and costly civil war? Our representa-
tives assure us that we and the Saigon Gov-
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March 10, 1965 CONGRESSIONAL RECORD - SENATE
? - ochester Divinity School: James
Co-
B. Ashbrook, theology; V. E. Devadutt, the-
ology; Robert Bads, religion and education;
William I. Elliott, theology; George Hall,
ethics, ,'William Hamilton, theology; Harmon
R. Holcomb, philosophy of religion; R. Lewis
Johnson, Christian education; Prentiss Pem-
berton, social ethics; J. A. Sanders, Old
Testament; John Charles Wynn, church
education.
SUNY, Geneseo: Jay Arnold, art; William
R, Berry, speech; Randall Brune, English;
Gilbert R. Davis, English; Henry M. Holland,
Jr? political science; Barbara Hull, English;
Donald O. Innis, geography; William Melvin
Kelley, English; Dwight D. Khoury, foreign
languages; Emanuel Mussman, English; Jer-
ome J. Nadelhaft, history; Ruth Nadelhaft,
English; Gifford J. Orwen, languages; Leo
Rockas, English; William H. Slavick, English;
Gerald, Smith, English; Marian Wozencraft,
education.
Monroe Community College: Thomas A.
Fabian, history; Lewis Lanky, history;
George McDade, English; Robert B. Nenno,
mathematics and physics; Charles H. Speirs,
library; Carl A. Talbot, library; Judith J.
Toler, English; Barbara A. Welch, English.
Rochester Institute of Technology: Ralph
E. Adams, English; Leonard Barkin, art and
design; Janet Bickal, English; Robert Bickal,
English; Jean H. Cardinali, sociology; Sam G.
Collins, geology; Robert A. Conge, art; Nor-
man Coombs, history; Dane R. Gordon, phi-
losophy; Frances Hamblin, philosophy; Wil-
liam J. Hayles, chemistry; Ronald J. Hilton,
English: John H. Humphries, social science;
Robert G. Koch, English; Paul E. Le Van, psy-
chology; Richard D. Lunt, history; Frederick
R. Meyer, art and design; Pellegrino Nazzaro,
history; Thomas J. O'Brien, English; Joseph
Schafer, history; Norris M. Shea, language;
Larry Wright, philosophy.
St. John Fisher College: Peter E. Sheehan,
theology. better to do, I wonder What the country
University of Rochester: Loren Baritz, his- would be like if Barry M. Goldwater had been
tory; Ralph Barocas, psychology; George elected President of the United States.
Berg, radiation biology; Daniel C. Broida, Based on his campaign and his speeches,
psychology; Michael Cherniavsky, history; it is a frightening thing to imagine.
John B. Christopher, history; Julius J. The mind boggles when you think of it.
Cohen, physiology; Emory L. Cowen, psycho- For one thing, we would probably be bomb-
logy; John C. Donovan, obstetrics and gyne- ing North Vietnam now if Gold ater were in
cology; John Ernest, mathematics; Joseph office.
Frank, English; Alfred Geier, foreign and As I see it, this is what would have
comparative literature; Albert Gold, optics; happened..
Richard }V I. Gollin, English; Myron J. Gordon, The Vietcong would have blown up an
business administration; Harry E. Gove, American barracks. Using this as an excuse,
physics, and astronomy; Grace Harris, re- Goldwater would immediately call for a
ligion; Richard M. Harris, language and lin- strike on military bases In North Vietnam
guistics; Norman I. Harway, psychiatry; and announced a new tit-for-tat policy.
Michio Hatanaka, economics; Robert B. Democrats would be horrified and they would
Hinman, English, Harold C. Hodge, phar- make speeches that Goldwater was "trigger
macology; Robert L. Holmes, philosophy; happy" and was trying to get us into a war
Frances Horler, education; Howard C. Hors- with Red China.
ford, English; John B. 'Hursh, radiobiology; But Goldwater would ignore the criticism,
Gilbert Kilpack, humanities; William D. and to show he meant business, he would
Lotspeich, physiology; Abraham A. Lurie, continue the raids, using not only Air Force
anesthesiology; Melvin R. Marks, business bombers, but also jets from the U.S. fleet.
administration; Dean A. Miller, history; As time went on, the country would be
Sidney Monas, history; William B. Much- shaken at the recklessness of Goldwater's
more, biology; E. S. Nasset, physiology; plan, but he would explain through his
Helen H. Nowlis, psychology; Vincent Now- Secretary of State that, instead of a tit-for-
lis, psychology; Bernard J. Panner, pathology; tat policy, we now intended to bomb North
J. C: Peskin, optics; Lawrence G. Raisz, Vietnam in order to let Hanoi know that they
pharmacology; Arnold. W. Ravin, biology; could not support the Vietcong without
A. William Salomone, history; Leonard S. expecting retaliation.
Simon, .business administration; Dorothy Senators would get up in Congress and
,Stone, mathematics; Francis Tursi, music; can for some sort of negotiations. But Gold-
Kwt Weinberg, foreign and comparative water, with his lack of restraint, would retort
literature,,' Donald F. White, music; Hayden that there is nothing to negotiate and we
V,. White, history; Henry Wood, foreign Ian- would only be selling out southeast Asia if
guage and literature; Melvin Zax, phychology. o. we sat down at a table with the North Viet-
(Institutional affilation for purposes of namese and Red China. -
identification only.)
This open letter is being published as an ' The Soviet Union and France would call
advertisement paid for by the signers. If for a Geneva conference, but Goldwater
you approve of this statement, write or wire would reject it.
President Lyndon B. Johnson, White House, Instead, he would recklessly announce that
Washington, D.C. he was sending in a battalion of Marines
4565
Rochester Area Professors' Ad Hoc Com- with Hawk missiles to protect our airfields.
mittee on Vietnam, Post Office Box 3884, His critics would claim. he was escalating
Brighton Post Office, Rochester, N.Y., Myron the war, but Goldwater would deny it. In-
- 4 r o
and Cambodia.
To explain these desperate actions, Gold-
water would have the Defense and State
Departments produce a white paper justify-
ing the attacks and proving that Hanoi was
responsible for the revolution in South Viet-
nam. He would insist we had to support
the Saigon generals, no matter how shaky
they were.
The paper would be followed by more air
strikes using South Vietnamese planes as well
as American B-57's.
The people who voted for Johnson would
scream at their Republican friends. "I told
you if Goldwater became President he'd get
us into a war." But the Republicans would
claim that Goldwater had no choice, that
he, in fact, inherited the Vietnam problem
from the Democrats and, if he didn't take
a strong stand now, America would be con-
sidered a paper tiger.
It all seems farfetched when you read it
and I may have let my imagination run
away with itself, because even Barry Gold-
water, had he become President, wouldn't
have gone so far.
But fortunately, with President Johnson at
the helm, we don't even have to think about
it.
ADDRESS BY ASSOCIATE JUSTICE
WILLIAM O. DOUGLAS BEFORE
AMERICAN FOREIGN LAW ASSO-
CIATION
Mr. MORSE. Mr. President, on Feb-
ruary 1, 1965, Associate Justice of the
Supreme Court William O. Douglas made
a brilliant speech, as he`.always does
when he speaks, before the American
Foreign Law Association, of New York
City. It was a speech in which he dis-
cussed the role of law in foreign rela-
tions as a substitute for the course of
action that is being followed by the
United States and many other nations
in the field of foreign policy. I ask unan-
imous consent that the speech be printed
at this point in my remarks, to be fol-
lowed by certain comments that I wish to
make on it.
There being no objection, the speech
was ordered to be printed in the RECORD,
as follows:
ADDRESS BY WILLIAM O. DOUGLAS, ASSOCIATE
JUSTICE, U.S. SUPREME COURT, TO THE AMERI-
CAN FOREIGN LAW ASSOCIATION, INC., NEW
YORK, N.Y., FEBRUARY 1, 1965
ART BUCHWALD ON "PRESIDENT
GOLDWATER"
Mr. MORSE. Mr. President, yester-
day a very interesting but satirical article
by Art Buchwald on the general subject
of what would have happened if Gold-
water had been elected President was
published in the Washington Post. In
his article Art Buchwald discusses what
the Goldwater program would have been
had Goldwater been elected President.
It is a knowledgeable article. I always
like satire. The only conclusion one
could reach is that Goldwater would not
have gone as far as Johnson in making
war in southeast Asia. I believe more
and more people in the country are be-
ginning to realize that there is a marked
difference between the President's speech
in New Hampshire in September on the
Vietnam issue and what the President
has been doing since the election in mak-
ing war.
I ask unanimous consent that the
Buchwald article be printed in the REC-
ORD at this point.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
CAPITOL PUNISHMENT: PRESIDENT
GOLDWATER
(By Art Buchwald)
I
While there has been much talk over the
years about peace, I suspect that some in
this country are talking about a Pax Amer-
icana. Certain it is that many in Russia and
Peiping who speak about it are talking about
a Russian or a Chinese peace, as the case
may be. It is to the credit of the legal pro-
fession that men of wider vision have emerged
who think of the rule of law in world affairs
in terms of a consensus that crosses ideologi-
cal lines and provides means of settlement of
disputes, big and small, between the great
powers as well as those with lesser stature,
The Americans we should honor include
Grenville Clark of the New York Bar and
Louis B. Sohn of Harvard; Robert M. Hut-
chins; Arthur Larsen of Duke University;
Charles S. Rhyne who gathered the great
support of the American Bar Association to
this project; Earl Warren, the Chief Justice
of the United States; Henry R. Luce of Time
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CONGRESSIONAL RECORD - SENATE March 10, 1965
and Life magazines; the late Senator Estes
Kefauver; Senator WAYNE MossE, of Oregon;
and many others, including distinguished
lawyers and jurists from those parts of Amer-
lea that lie both north and south of us.
There are, of course, lawyers, jurists, and
public leaders in all lands on all the con-
tinents who have the same basic approach.
One has only to thumb through the "World
Peace Through Law" (1964), the publication
containing the work of the Athens World
Conference, to realize what a wide basis of
support the rule of law has. And the Com-
munist lands must not be left out of the ac-
counting, though, putting Yugoslavia to one
side, lawyers and jurists from those nations
are less conspicuous and less articulate. The
Western World, I believe, is closer to a con-
sensus in this regard than is the Communist
world. The reasons for this are numerous
and varied. Some of them have to do with
national history; some, perhaps, with ideol-
ogy. But one does not.have to look long to
find significant proposals from the Commu-
nist side. One instance is the proposal made
January 1, 1964, by Khrushchev that an in-
ternational agreement be worked out re-
nouncing the use of force for the solution
of territorial disputes or questions of fron-
tiers, that is to say, "an undertaking to set-
tle all territorial disputes exclusively by
peaceful means, such as negotiation, media-
tion, conciliatory procedure, and also other
peaceful means at the choice of the par-
ties concerned in accordance with the Char-
ter of the nUited Nations." New York Times,
January 4, 1964, page 2, column 8.
This proposal was heralded in the Western
World as a piece of propaganda, though
none,, can be sure that it was. It was such
a significant proposal that instead of reject-
ing it out of hand, all those who really be-
lieve in the rule of law should eagerly pro-
pose its adoption. It might indeed be the
beginning of an important bridge between
East and West--a bridge leading to alterna-
tives other than an awful confrontation in
this nuclear age.
We Americans have enjoyed a history of
security and success that has made us con-
scious of our strength and has given us
perhaps a sense of superiority. On the other
hand, Russia has repeatedly suffered massacre
and destruction by invaders; and those ex-
periences have made its people difficult to
deal with by our standards. Yet by their
standards "the illusion of American omni-
potenee"-to use Denis Brogan's phrase-
has made us also difficult.
ri
But times and attitudes change. The
United Nations, which in 1945 was a Western-
oriented institution of 51 nations, is now 115
strong, half of its seats being held by the
nations of Africa and Asia. It has had
notable achievements.
Its legislative functions have been marked
by the outlawing of aggressive war and a
rather steadfast adherence to that prin-
cipled policy.
Its executive functions have been dis-
tinguished by an outstanding record of
achievements of the Office of Secretary Gen-
eral.
Its administrative functions have been
heroic, as only those who have traveled the
wastelands of the earth know. There--and
only there--can one see the critical con-
tributions that the United Nations is making
to solutions of the problems of the under-
developed nations.
Its judicial functions have been badly
crippled by our own Connally amendment
(61 Stat. 1218) which other countries copied.
The crippling effect is in that part of the
proviso which excludes from the Court's ju-
risdiction "disputes with regard to matters
which are essentially within the domestic
jurisdiction of the United States of America
as determined by the United States of
America."
As Senator MORSE said in the debate on
the Connally amendment, "the rule of law
cannot be established if the various States
reserve to themselves the right to decide
what the law Is." (92 CONGRESSIONAL REC-
ORD, pt. 8, p. 10684.) And he added, "It is
in effect, a political veto on questions of a
judicial character * * *. It therefore in-
volves the question of our moral leadership
in the world." And see Sohn, "International
Tribunals: Past, Present, and Future," 46
A.B.A.J. 23, 25.
Under the principle of reciprocity which
the Court enforces, the "political veto" works
both ways: a nation that does not accept
compulsory jurisdiction can, when sued, re-
fuse to submit; a state which that nation
wants to sue can claim reciprocal protection
by invoking the plaintiff nation's reservation,
even though It has made no such reservation
itself. See Case of Certain Norwegian Loans,
1957 ICJ; page 9.
The International Court of Justice, which
should be one of the busiest tribunals in the
world In light of the mounting problems
among nations, is only nominally active, as
the following statistics show:
Judgments
Advisory
Cases on
rendered
opinions
docket
19M--------
2
1
4
1961-------
1
--------------
4
1062--------
1
1
3
1963-----
2
We should be willing to lead the way in
making acceptance of the Court uncondi-
tional. That would mark the beginning of
a new cooperative society at the world level.
The Court is an honored institution. The
statute of the Court (15 UNIO does., 1945,
pp. 355-364) has safeguards designed to in-
sure the Independence of the judges. They
are not mere nominees of the governments
of their countries. They are nominated by
national groups of jurists (art. 4). No
national group may nominate more than four
persons, and of these four not more than two
shall be of its nationality (art. 5). From
this list the General Assembly and the Se-
curity Council proceed independently to elect
the judges (art. 8). Those who obtain an
absolute majority of votes both in the Gen-
eral Assembly and in the Security Council
are elected (art. 10).
No member of the Court may exercise any
political or administrative function or en-
gage in any other occupation of a profes-
sional nature (art. 16). Nor may be act
as agent, counsel, or advocate in any case,
nor take part in any decision in which he
has previously participated as agent or ad-
vocate or as member of any other court or
commission (art. 17).
The fact that a judge is of the same na-
tionality as one of the parties does not result
in his disqualification (art. 31). Indeed,
If the membership of the Court includes no
judge of the nationality of one or more of the
parties, the party who wants national rep-
resentation has a right to select an ad hoc
judge (art. 31). -
These latter provisions have often been
criticized. But in this stage of development
of the world community, it probably would
be impossible to get a consensus that would
disqualify a judge of the nationality of One
or more of the parties. "* * * The notion
of `national arbitrators' is deeply rooted In
the practice of international arbitration, and
indeed the facility to appoint them Is prob-
ably a sine qua non for the success of the
whole Idea. The important thing for Insur-
in= third-party judgment is not that national
arbitrators or judges should disappear, but
that the balance In the tribunal should be
held by neutral judges. This is the concep-
tion which has been incorporated In the
statute, for in practice the decision is not
likely to be influenced by the views of the
judges having the nationality bT-tile parties
who, in the nature of things, tend to cancel
each other out." Rosenne, ("The World
Court" (1962),p.64.)
One guarantee of impartiality exists in the
principle that, while Ordinarily the President
of the Court can by article 55 of the statute
break a tie, he is denied that right when
his state is a party, since the rules of the
Court provide that he must "abstain from
exercising his functions as President In re-
spect of that case" (art. 13, Yearbook 1950-
51, p. 238). He then hands over his duties
to the Vice President or to the next senior
qualified judge. (Rosenne, op. cit. supra,
p. 63.)
Instances can be produced where mem-
bers of the Court took a favorable attitude
toward the contentions and interests of their
own states or of alined states. Yet even
judges from nations in the Communist bloc
do not produce votes that have a correspond-
ing solidarity. Some regular judges have
decided against their countries in important
cases, although the ad hoc judges "display
a clear tendency to find in favor of their
countries." Rosenne, op. cit. supra, pp. 65-
66.
The Court is a human Institution, and no
human institution is perfect. Overall, the
regular judges of the Court have evinced a
high degree of responsibility to the world
community which appointed them, and have
a - good record of objectivity. Surely the
Court has shown itself worthy of the con-
fidence of those nations which have accepted
Its jurisdiction without reservation.
nr
If we did not have the United Nations,
we would have to create it. For it is indis-
pensable as a meeting place and as a clear-
inghouse for critical international business.
No Western club, no Communist-bloc club,
no Afro-Asian club could take its place, as
anyspecial interest group has too parochial
a view for world problems. At the same time
we should be careful not to overwork the
United Nations or put it undertoo great a
strain. It represents contradictory forces
and when the Peiping regime is admitted, as
it must be, those stresses will Increase. Ac-
commodation between these contradictory
forces Is necessary if we are to avoid the
nuclear holocaust. Yet the United Nations
cannot be- counted as the cure-all. Other
ways and means of accommodation between
those contradictory forces must also be found.
We must seek a wide range of solutions for
our clashes and conflicts.
The years ; 1963 and- 1964 produced four
landmarks In the effort to substitute a modi-
cum of law for the arms race and the risk
of war.
The treaty power was used to produce the
nuclear test ban agreement. 119631 2 U.S.T.
& OT A. 1313.
The executive agreement was used to
establish the so-called hot line between the
Kremlin and the White House. 11963] 1
U.S T. & O.I.A. 895.
The United States and Soviet Russia in-
dicated they would prevent the spread of
the armaments race to outer space, pro-
nouncements followed by a resolution of the
General Assembly of the United Nations call-
ing upon all nations not to station in outer
space "any object carrying nuclear weapons
or other kinds of weapons of mass destruc-
tion." UN. Resolution No. 1884 (XVIII),
October 17, 1963.
The President on April 20, 1964, an-
nounced, simultaneously with the chairman
of the Council of Ministers of Soviet Russia,
a cutback in the production of weapons-
grade - fissionable material. (See Fisher,
Arms Control & Disarmament in Interna-
tional Law, 50 Va. L. Rev. 1200, 1205 (1964).)
A critic could show how feeble by domestic
standards these international safeguards are.
Yet fragile as they may be, they mark Im-
portant beginnings; they are precedents; and
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March 10, 1965
CONGRESSIONAL RECORD- HOUSE
without regard to the civil service laws and
the Classification Act of 1949, temporary and
intermittent services to the same extent as is
authorized for the departments by section 15
of the Act of August 2, 1946, but at rates not
exceeding $75 per diem for individuals.
,._ FUNCTIONS OF THE COMMISSION
SEC. 5. It shall be the function of the Com-
mission to formulate and carry out programs
for purposes of exploration and development
of the marine resources of the Continental
Shelf and waters above the Continental Shelf.
Such programs shall include but shall not
be limited to the following:
(1) Marine exploration, expeditions, and
surveys necessary to describe the topography
and to identify, locate, and economically de-
velop physical, chemical, geological, and bio-
.logical resources of the Continental Shelf;
(2) Cooperative expeditions for these pur-
poses with other Federal agencies having
missions on the Continental Shelf;
(3) Development of an engineering capa-
bility that will permit exploration and de-
velopment of the Continental Shelf and su-
perjacent waters;
(4) Fostering participation in marine ex-
ploration and economic development by sci-
entific institutions and industry, through
grants, loans, and cost-sharing arrange-
ments; and
(5) Providing for the widest practicable
and appropriate dissemination of informa-
tion concerning marine discoveries, develop-
ment of instrumentation, equipment and fa-
cilities, and other information as the Com-
mission may deem appropriate.
POWERS OF COMMISSION
SEC. 6. In carrying out its functions under
section 6, the Commission is authorized-
(1) to enter into agreements with other
Government agencies for the carrying out
by such agencies of any activities authorized
by this Act, and for the reimbursement from
appropriations made pursuant to section 8
(a) of expenses incurred by such agencies
in parrying out such activities;
(2) to enter into agreements with public
or private scientific institutions, or with pri-
vate enterprises or individuals, for the carry-
ing out of any activities authorized by this
Act, and for the payment from appropriations
made pursuant to section 8(a) of all or any
portion of the expenses' incurred by such
institutions, enterprises, or individuals in
carrying out such activities; and
(3) to make loans, grants, or cost sharing
arrangements from the fund established
under section 7 to public or private scientific
institutions, or to business enterprises or
individuals for the purpose of enabling them
to carry out activities to further the pro-
grams of the Commission.
MARINE EXPLORATION AND DEVELOPMENT FUND
SEC. 7. There is hereby established on the
books of the Treasury a Marine Exploration
and Development Fund which shall be avail-
able to the, Commission for making loans,
grants or cost sharing arrangement author-
ized by section 6(3). The fund shall consist
of amounts. appropriated thereto pursuant to
section 8 together with amounts received
as repayments of principal and payments of
interest on such loans. In establishing terms
for loans, grants or cost sharing arrange-
ments made from such fund, the Commission
shall give due weight to the benefits inur-
ingto the Government from the activities
carried out with the proceeds of such loans.
SEC. 8.(a) There are hereby authorized to
be appropriated such sums, not to exceed
$50,000,000 for any fiscal year, as may be
necessary to enable the Commission to carry
out its functions under this Act.
(b) In addition to appropriations author-
ized by subsection (a), there is hereby au-
thorized to be appropriated to the fund es-
tablished by section 7 the sum Of $100,000,000
to remain available until expended.
DISSEMINATION OF INFORMATION
SEC. 9. The Commission shall make avail-
able to other interested Government agencies
and, to the extent consistent with national
security, to public and private institutions,
business enterprises, and individuals any in-
formation obtained by the Commission in
carrying out its functions under this Act.
REPORTS TO CONGRESS
SEC. 10. The Commission shall transmit to
the Congress, at the beginning of each regu-
lar session of the Congress, an annual report
of its actvities under this Act, together with
such legislative recommendations as it may
deem desirable.
CLEVELAND URGES END TO RESID-
UAL OIL IMPORT CONTROLS
(Mr. CLEVELAND (at the request of
Mr. SKu5ITZ) was granted permission
to extend his remarks at this point In
the RECORD and to include extraneous
matter.)
Mr. CLEVELAND. Mr. Speaker, once
again I rise to renew my plea that quotas
on residual oil be withdrawn and that
the plan be canceled. This program is
harmful to the national defense; it Is
damaging to our Latin American trade
program and to the Alliance for Prog-
ress; it places a heavy financial burden
on the consumers of fuel in New Eng-
land; and it has no relation to the eco-
nomic problems of our coal-producing
areas.
The coal industry today is vigorous
and healthy, as a matter of fact, with
even brighter prospects ahead. The resi-
ual oil quotas could be discarded com-
pletely without affecting the coal areas.
Yet, it is these areas, representing power-
ful economic and political blocs, that
are responsible for the continued main-
tenance of the quotas.
APPALACHIA BONANZA
These same areas are about to win a
huge Federal subsidy in the form of the
Appalachian bill. Let me say, that we
in New England are most sympathetic
with the economic problems of Appala-
chia. We, too, are part of the Appala-
chian chain and we know what it is like
to lose whole industries on which the eco-
nomic life of our communities depends.
We are fighting back and making a good
fight. We do not ask the rest of the
country for special favors. But we do
ask for terms of fair competition.
While our taxes will be taken to help
finance this tremendous Appalachian
program for 11 States, we are also paying
additional tribute to the coal States in
the form of high fuel costs, unnecessarily
imposed through the residual oil quota
system.
New Englanders are being asked to
support the Appalachia program, yet at
the same time, we are being forced to
endure hardship through the discrimina-
tory fuel policy imposed largely by the
power of the Appalachian coal States.
FAI$PLAY
We seek only fairness and what we
seek is also in the national interest.
The maintenance of residual oil controls
cannot be justified in terms of the na-
tional security. Two years ago, the Of-
fice of Emergency Planning declared in
a report to the President that-
A careful and meaningful relaxation of
controls on imports of residual fuel oil Is
4613
consistent with the national security and the
attainment of Western Hemispheric objec-
tives, which contribute to the national secur-
ity.
From a foreign policy standpoint, this
restrictive program is hurting us in Latin
America, where exporters, restricted in
their ability to sell us residual fuel oil
and other materials, are buying more
and more from other countries when
they could be buying from us. This adds
to the great problems of administering
the Alliance for Progress and further
complicates our balance-of-payments
problems. - -
RESENT EXACTION OF TRIBUTE
We in New England are more than
ready, as we have been always, to pay
our share of costs for the national wel-
fare but we deeply resent and deplore
this silent exaction of tribute to special
interests.
We must remember that the residual
oil quota system was put into effect in
1959 for the main purpose of protecting
the domestic oil industry. If that is still
a major reason for continuing the pro-
gram, it is a wholly defenseless one.
It is granted that 15 or 20 years ago,
when 20 percent of all domestic refined
crude oil reached the market as residual
oil, imports represented an Important
problem for the oil industry. But this
is no longer so. Today, less than 4 per-
cent of our refineries' output is residual.
Eventually this will diminish even fur-
ther. Many refineries today in fact turn
out no residual oil at all.
WOULD HELP OIL INDUSTRY
It seems to me that the domestic oil
industry, which has problems of over-
supply for other kinds of fuel, and which
depends heavily on the densely populated
Eastern Seaboard areas where imported
residual fuel is a necessity, would help
itself by dropping its opposition to end-
ing the quota system.
The domestic oil industry can be as-
sured that New England's plea for relief
from quotas is founded solely on her
need for fuel oil. We in New England
would not sanction any modification of
the import program which would allow
imports of residual oil for any other pur-
pose than as fuel.
I strongly urge that the quota- system
on residual oil be ended forthwith and,
as a sampling of editorial opinion being
expressed throughout New England, I
offer the following editorials at this point
in the RECORD:
[From the Providence (R.I.), Bulletin, Dec.
26, 1964]
THE CONTROLS ON RESIDUAL OIL HURT NEW
ENGLAND
President Johnson has it in his power to
give New England the happiest of happy New
Year's greetings by ordering the immediate
lifting of controls on the importing of re-
sidual fuel oil, a major cost factor in our
industrial economy. The existing controls
are controls without real purpose.
The controls exist, of course, because of
the pressures of competing fuel interests.
But domestic residual production is declin-
ing, and East Coast consumers now depend
on imports for more than 75 percent of
their requirements. The coal industry is
vigorous and is competing hard in the East
Coast boiler fuels market.
What is the purpose of continuing con-
trols that have become meaningless? Why
must New England economy pay a penalty
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in order to help a business over which it
has no control? What special interest group
has enough influence to keep this ridiculous
N.ew England is not asking Mr. Johnson
for a northeast Appalachia program. New
England is not asking Washington to set up
loans and grants to help our industries.
Our industries can take care of themselves
if they are given wider freedom to com-
pete-and fuel costs are a big element of
competition.
All New England wants is assurance of a
continuing and expanding supply of residual
fuel oil at competitive prices. In short, all
New England wants is a fair chance to oper-
ate in a genuinely competitive market-and
removing the residual oil import controls
will help us to realize that goal.
New England's stake in Mr. Johnson's de-
cision amounts to well over $25 million
annually through higher electric costs,
apartment rents, school costs and taxes.
There is no way to estimate how many jobs
don't exist because industries have avoided
New England because of high fuel costs.
The current fuel year ends March 31, and
it would be a tremendous holiday present
to New England If Mr. Johnson acted to kill
the controls well before then. If the con-
trols persist, relief will be just as far away
as ever-and perhaps it may be a hopeless
business for all practical purposes.
It would be ironic if the continuance of
controls helped to produce a situation in
which Mr. Johnson would have to be asked
for help in the Appalachia style. We don't
begrudge Appalachia any real help it can
get, but we would rather help ourselves-
if we get that chance to act.
New England businessmen dependent on
competitive fuel costs and taxpayers who
will, be asked to help Appalachia ought to
get busy In the next few weeks and let the
White House know that New England would
like a decision on residual fuel imports
based on demands of the economy and not
on pressures of special interests.
[From the Taunton (Mass.) Gazette, Dec. 28,
1964]
THROW Us A "HOME RUN HALL," MR. PRESI-
DENT
President Johnson's one-day campaign tour
of New England paidoff handsomely for him
with New England's solid "We Want John-
son" vote. On more than one occasion he
was heard to say, "now it's New England's
turn at bat." Mr. President, New England
is indeed at bat now and you are the pitcher.
You could easily throw us the "home run
ball" by delivering us from the economic
strangulation of residual fuel oil import
quotas. The choice is yours and it you lay
aside the political considerations of compet-
ing interests, the choice is obvious. Domes-
tic residual production is declining and east
coast consumers now depend on Imports
for over 75 percent of their requirements.
The coal industry is vigorous and rebound-
ing. Since 1962 it has captured 54 percent
of the market growth of the vast east coast
boiler fuel market. It's prospects' for the
future are bright. These two facts alone
have made residual restrictions "controls
without a purpose." Show the people of
New England, Mr. President, that you are a
mart whose decisions are based on facts and
what's good for the country and not on poli-
tical expediency or the consideration of spe-
cial interest groups. Direct that residual
controls be lifted immediately and return
to east coast consumers with growing fuel
needs the assurance of a continuing and
expanding supply at competitive price.
[From the Wakefield (Mass.) Item,
Feb. 3, 1965]
COSTLY TO NEW ENGLAND
The matter of residual fuel oil imports
and the restrictions against them Is being
heard of again, and before long the President
n?ust make a decision about retaining or
dropping the controls. Continuing them
Will be continuing a strong injustice to New
England.
Residual oil Is what is left after the re-
fining process. This type of oil will not burn
in home burners, but it can be used in the
kinds of burners that heat public buildings
and other places. The present restrictions
against importing this kind of fuel affect an
estimated 50 million consumers On the east
coast. In New England, where obtaining
heating fuel is expensive, the burden caused
by inability to get the residual oils is consid-
erable.
The coal industry has fought to keep the
controls on, with the unsubstantiated plea
that consumption of coal would be cut by
increased use of residual oil. The fact is
that New England is being made to pay a
high price for heating fuels because it is
denied the residual oil. There is little evi-
dence that the coal industry benefits from
this reality.
There is no proper reason why New Eng-
land must be made to suffer this inequity.
There is no proper reason why the control
should be continued. New England's rep-
resentatives are working hard toward the, re-
moval of the restrictions. An open, compe-
titive policy of imports would be a needed
aid to the area.
The President's removal of the costly re-
strictions is in the interests of New England's
welfare and if he makes any pretense of con-
cern for this section of the country, he will
remove them.
From the Banger (Maine) News, Feb. 8,
1965]
A MOST PECULIAR SITUATION
Many strange things happen in Washing-
ton but none stranger than an advertise-
ment recently placed in the Washington
Post. It was in the form of an open letter,
sponsored by the New England Governors'
Conference, pleading with President Johnson
to lift the quotas on residual all imports-
which are costing the region an extra $80
million annually for f7-,el.
We give the Governors credit for trying,
along with the New England Council and
others who supported the plea. But why
should it be necessary to spend money on an
advertisement In a Washington newspaper
to reach the President in hope of correcting
an. obvious and longstanding injustice?
Surely the Democrats, if not the Repub-
licans, of the New England delegation in
Congress have access to the White House.
Maine's Senator EDMVIUND S. MussuE sup-
sposedly enjoys high favor with the admin-
istration. He was among those mentioned
as, President Johnson's possible choice as a
running mate.
The President himself came to this region
during the election campaign and assured
listeners that it was now New England's
"turn at bat."
Well, lifting the burdensome oil import
quotas wouldn't be much of a turn at bat.
But it would help-some $80 million worth,
and at no cost to U.S. taxpayers. All that's
required is a swift scrawl of the President's
pen.
We hope ,'the advertisement brings results,
bat it sho4ldn't be necesary to go to such
extremes catch the President's attention.
What has append to communications be-
tween the hate House and New England's
Der o/rl v
SENATOR COTTON'S CONCISE
STATEMENT OF OUR DILEMMA IN
VIETNAM
(Mr. CLEVELAND (at the request of
Mr. SKUBI'z) was granted permission to
extend his remarks at this point in the
RECORD and to include extraneous mat-
ter.)
Mr. CLEVELAND. Mr. Speaker, the
distinguished senior Senator from New
Hampshire, the Honorable NORRIS COT-
TON, devotes his most recent regular re-
port to his constituents to a discussion
of the dilemma in Vietnam. As the Sen-
ator also points out, public officials labor
under great difficulties in attempting to
discuss the Vietnamese situation partly
because of limited information and
partly because the situation changes so
fast that commentary is apt to be out of
date by the time it is published.
Under unanimous consent, I offer
Senator COTTON'S analysis for the REC-
ORD. It is as concise, clear-cut, and per-
ceptive a presentation I have yet seen on
the troublesome problems besetting us in
Vietnam :
STATEMENT BY SENATOR COTTON
I had hoped I would not have to write
about Vietnam-partly because a week must
elapse between my writing and your reading
my report, and Vietnam can change over-
night. My main reason, however, sterns
from Ed Murrow's famous advice, "When you
are unsure of your facts, admit it. When
you have no solution to offer, don't pre-
tend you have." That may go for commen-
tators, but people expect their Senator to
have his facts and an opinion-and in as ex-
plosive a situation as Vietnam, you can't
blame them. I shall give you my present
judgment based on what I have been able to
glean from testimony before committees and
briefings by the President and the Defense
and State Departments. At best, it's a
choice between evils.
First, why are we in Vietnam?
The Geneva Accords of 1954 ended French
control, leaving Vietnam free but prostrate
and virtually bankrupt. President Eisen-
hower offered financial assistance, and with
our economic aid, South Vietnam made
amazing progress. The Communists, find-
ing it was not going to collapse and fall into
their hands, started guerrilla warfare. Un-
able to stem the tide, President Diem ap-
pealed to us for military help, and President
Kennedy gave it. President Johnson con-
tinued it, and Congress. by appropriations
and later by resolution, approved.
Should we now get out of Vietnam or stay
in?
Those who contend we should get out ad-
vance the following reasons: (1) hazards of
fighting a war in the jungles of Asia 8,000
miles from home; (2) failure, thus far, of
our allies, even those in the direct path of
the Communists, to join us with anything
more than token assistance; (3) lack of
stable government in South Vietnam.
But we must consider what will happen if
we withdraw: (1) South Vietnam would be
overrun by the Communists. Its valiant
fighters and a million refugees that have
fled there for protection would be ruthlessly
liquidated. (2) Our failure to live up to
commitments made by three Presidents and
the Congress would shatter worldwide con-
fidence in us and topple anti-Communist
parties everywhere. (3) Nations of south-
east Asia would go down like a row of dom-
inoes before the onward rush of
communism. Japan and the Philippines
might be forced to reach an accord with
Red China.
All this adds up to the conclusion that
knuckling to the invaders in Vietnam is the
surest path to ultimate war. In the words
of Eisenhower: "Weakness invites aggres-
sion-strength stops It."
Admittedly, the glaring weakness is the
lack of stable government in South Vietnam.
All experts agree that the Vietnamese are
the toughest fighters in southeast Asia, eager
to defend their freedom. That's why Viet-
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nam was selected as the place to make a ogy-Warrior & Gulf Navigation Co. v. to an arbitration agreement of a kind
stand. But no army can fight without a USW, 363 U.S. 574; USW v. American they had never intended to make.
head, and it take,g a strong hand to stamp Mfg Co., 363 U.S. 564; and USW v. En- The sensitive balancing of rights and
out Communist infiltration. Nor can our
terprise Wheel & Car Car
allies be wholly blamed for not responding, p., 363 U.S. duties included in those collective agree-
There has been no continuing government 593-from the lead case it the group, ments was summarily unbalanced by the
to ask them-to receive; assign, and quarter the decisions upset and reverse the Court's action. No one will ever know
them. This has delayed for weeks 2,000 standard rule of arbitrability. This the degree of damage to union-manage-
t
rained South Koreans who. have- finally ar- standard rule, recognizing that arbitra- ment relations which will flow from this tra
rived.
ake ren e inntr overth rows D em, juour st as yeuies ars tion is a deliberately chosen alternative upset. I believe that it is highly desir-
ago we forced the fall of Chiang Kai-shek to judicial litigation, permits judicial en- able for Congress to undo that damage
and lost, 400 million Chinese., it's an error forcemeat of a demand to arbitrate only now.
hard to rectify. If we take a hand in re- where the duty to arbitrate the particu- Second, I believe that the Warrior and
storing a strong government, we invite the lax demand is clear. Gulf rule represents a basic misconstrue-
charge of imperialism, but that is what we In the trilogy decisions, the Court held tion and distortion of congressional in-
may have to do or pay a terrible price in that arbitration demands, under collec- tent and constitutes a prime example of
A
Ict s are noblyed schoo a en r learn that fsat- tive bargaining agreements, must be en- judicial legislation. ways mocracy and respond only to absolute power forced by the courts unless the demands The keystone of the questionable arch
at. the top. The suggestion that we can are specifically excluded from arbitra- of logic by which the Court imputes con-
take time out in this emergency to educate tion by language in the agreement. gressional intent to create an "auto-
them in the elect}ve process is absurd. It Despite the strong protests against the matic" rule of arbitrability in labor dis-
would take a generation. Warrior and Gulf doctrine which im- putes is the Court's prior
PrO the Johnson. h, howe veris I back the policyof mediately arose from lawyers, labor re- Lincoln Mills trilogy, 353 U.S.i448 (1in t
957).
to negotiate aggressioght co In ref si g lations experts, and even arbitrators- In that earlier trilogy, the Court held
would be takers as a sign of weakness. He Levitt, "The Supreme Court and Ar- that section 301 (a) of the Taft-Hartley
is right in refraining from any overt act to bitrati-on," NYU 14th Annual Conference Act authorizes as follows:
widen the war-6f that we must not be gull- On Labor, 1961, page 217 and the fol- Federal courts to fashion a body of Fed-
ty. He is right in making retaliation swift lowing; Hays, "The Supreme Court and eral law for the enforcement of * * * Gol-
and sure each time we are. attaclied-there Labor Law," 60 Columbia Law Review, lective-bargaining agreements and includes
must not be another Korea with Americans 901, November 1960, note 46, Cornell within that Federal law specific performance
st subjected e at t the sbbom Bing and not allowed to Law Quarterly Review, page 336 and the of promises to arbitrate grievances under col-
following, winter, 1961; Wallen, "Re- lective-bargaining agreements.
This report offers no inspired solutions.
It will not cent Supreme Court Decisions on Arbi-
pleasing g"all out" either
demand, that t we go * * * * *
or to those those that who tration-An Arbitrator's View," 63 West We conclude that the substantive law to
demand we"get out." To be sure, our pres- Virginia Law Review, 295, 1961; Kagel, apply In suits under section 301(a) is Fed-
ent course is a "staying" process, repugnant "Recent Supreme Court Decisions and eral law which the courts must fashion from
to American temperament and tradition. the Arbitration Process," Proceedings of the policy of our national labor laws. (Jus-
But it's the best of bad alternatives. the 14th Annual Meeting, National demonstrating Frankfurter's dissent aft cogently
demonstrating that Congress had ad not the
Academy of Arbitrators, 1961, page 1. slightest intent to assign this legislative
AMERICAN INDUSTRIAL RELATIONS See also, the report at pages A2 to A4 of function to the Court, sharply questions the
BNA's Daily Labor Report, reporting the constitutional right of the Court to assume
The SPEAKER pro tempore (Mr. February 8, 1963, meeting of the Nation- such a function. The questionable right
Rousri). Under previous order of the al Academy of Arbitrators-the Supreme of the Court to create a "labor-contract
House the.gentleman from New York Court has continued to apply, and even code" underscores the importance of con -conress [Mr, GOODELL] is recognized for 30 min- expand, this radical new rule. For in- d ve opment.j tonal overseeing of the code's
ute stance, in March of this year, the Court
Mr. GOQ?DELL. Mr. Speaker, I rise in, Wiley & Sons v. Livingston, 376 U.S. Justice Frankfurter sharply chided his
today to discuss a matter of great ur- 543, ruled that even the procedural pre- colleagues for this decision, which, he
gency. My comments will be somewhat conditions to arbitration, such as con- said, attributed to Congress "an occult
technical but I hope you will bear with tractual time limits, must be decided by intent." And Law School Professor and
me, becaiuse I believe that the importance the arbitrator, and not the court. Labor Law Expert Charles Gregory said
of_ this matter will become obvious as I The labor law section of the American of the decision:
proceed. Bar Association has labeled this strange it is enough to make the legal profession
The world of , American Industrial re- new doctrine "turnstile arbitration," and hold onto their hats.
lations Is obviously an important one. has, formally recommended that Con- In the Warrior cases, the Court
But it is also a delicate and sensitive gress reverse it by enactment of a modi- fashioned its arbitrability rule by deter-
one.. 'Every week, across the country, fication to section 301 of the Labor-Man- mining that:
employers, and unions are working out agement Relations Act of 1947.
their codesof relationship-a code which I fully agree with the concern of the du ge prl nsta Federal thro is to promote
in each case is represented by a collet- American Bar Association that these rev- tine bargaining afire m through the c actor
tive bargaining agreement. vement. A major factor
olutionary decisions must be reversed. in n achieving industrial
peace is the inclusion
And the negotiations which produce Accordingly, I am today introducing a of a provision for arbitration of grievances
those agreements rest upon a complex of bill to accomplish that purpose. This in the collective bargaining agreement.
understandings and assumptions which, legislation will serve the public interest Complete effectuation of the Federal policy
although they do not enter into the for the following reasons: is achieved when the agreement contains
agreements, ,very considerably affect the First, the Court's decisions represent both an arbitration provision for all naObviou re-of the agreements nterevend, an unfair reversal of one of the basic oflstr k
g and an absolute p
es, the arbitration agreementrohibition
being
Y s principles upon which existing and fu- the "quid pro quo" for the agreement not
with these basic, underlying guideposts ture collective agreements are reached- to strike.
will necessarily shake, and maybe even the rule that the arbitration clause in a
shatter, the sensitive framework of rela- contract will be subject to normal, care- rrior c in Lies th Cous nob my
tionships built into the collective. agree- ful, judicial construction. Warrior cases does the Court submit any
ment. Hundreds, if not thousands, of collec- proof of the intent of Congress to "favor"
A 1,96Q trig of decisions of the U.S. tive agreements across the land-with grievance arbitration other than (a) this
Supreme Court relating to labor arbitra- arbitration clauses negotiated under the To b vague
To be sure, is In Lincoln Mills: a tion represents just that kind of dan- umbrella of that rule-were substantial- reflected in , there
the er hearings, reports, medley an ideas
e-
d . unjustified-interference ly modified by the Warrior and Gulf de- bates Yet, to, r the entire
ator on the act. Yet, to repeat, the with the collective bargaining process. titian. The parties to those agreements tenor of the history indicates that the agree-
Known as the Warrior & Gulf tril- awoke one day to find themselves party ment to arbitrate grievance disputes was
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4616 CONGRESSIONAL RECORD - HOUSE March 10, 1965
considered as quid pro quo of a no-strike praise of arbitration one might hear in the peered entirely when it tasted an arbitration
agreement? speeches at a dinner in honor of some pop- clause. It protested it was too unschooled
And (b) the following statement in the ular arbitrator, or at a public function of an to interpret an agreement, and too shy to ask
arbitration group. It suggests only a vague the arbitrator for an explanation, of his
majority opinion in the American Manu- resemblance to the hard, practical, day-to- decision.
facturing Co.: day processes of hearing and determining This year the Court in March was wise
Section 203(d) of the Labor Management grievances (60 Columbia Law Review at and strong enough to write into an agree-
Relations Act, 1947, 61 Stat. 154, 29 U.S.C 930). ment a no-strike clause, but in June was
173(d) states: "Final adjustments by a Third, the decisions contain within helpless to require that ones written by the
method agreed upon by the parties is hereby parties be obeyed.
declared to be the desirable method for set- themselves the seeds of labor-manage- The ability to change sides can, as Alice
tlement of grievance disputes arising over meat conflict. As contracts terminate, discovered, be quite useful if the Court knows
the application or interpretation of an exist- or otherwise become open for bargaining, why and when it needs to perform different
ing collective-bargaining agreement * * *." management will inevitably seek to re- functions and has path or purpose. But in
That policy can be effectuated only If the Move the arbitration clauses whose na- the cases this year, the Court seemed to
-
means chosen by the parties for settlement ture has been so abruptly changed by the wander through random doors to new adven tuxes.
of their differences under a collective-bar- courts. Unions, attempting to hold onto
gaining agreement is given full play. their newly found turnstile arbitration, In the light of all the above, I think
legislative history of the Taft-Hartley
Act-an exhaustive legislative history of
section 301 relating to this subject is
devastatingly appended to Justice Frank-
furter's dissent in Lincoln Mills. In
any event, statements (a) and (b) even
if valid, do not in any way lend support
to the Court's creation of this startling
new doctrine of "automatic arbitra-
bility" upon the alleged ground that it
reflects congressional intent. Indeed,
the language of section 203(d), quoted
above, could more logically be construed
as reflecting congressional intent that
the courts should carefully scrutinize
"the method of final adjustment agreed
upon by the parties," in order not to
misapply their agreement. Such an in-
terpretation would appear to be con-
firmed by the following quotation from
a House conference report which is im-
portantly highlighted by Justice Douglas
in Lincoln Mills:
Once parties have made a collective-bar-
gaining contract, the enforcement of that
contract should be left to the usual processes
of the law.
will resist. TIIe reauiL: t4 ?uuou
totally unnecessary cause of strikes, wonderland through which the Court
picketing, and all the animosity and ill has been wandering and to seek now to
will thereby engendered. restore sanity and order.
My conclusion that these decisions will Early enactment of the bill which I am
lead to industrial strife is supported by introducing today represents a highly ap-
many commentators. For example: propriate first step in this endeavor.
The Court's opinion is motivated by the
professed intention to promote industrial GOLD KEY AWARDED TO MISS
peace. The instant decision, however, com-
pels management, when existing contracts MARY E. SWITZER, COMMIS-
come up for renegotiation, to specifically ex- SIONER OF VOCATIONAL REHA-
elude from arbitration those practices con-
sidered sidered to be legitimate managerial rights.
Should this meet with bitter union opposi- (Mr. FOGARTY (at the request of Mr.
tion, the result may be just the open indus-
trial STEPHENS) was granted permission to CX-avoid. (ol. 48, Cornell w6, oe eLaw court Quais seeking rterly rly at at p. to 346..) )
tend his remarks at this point in the
(V
What are the practical implications of the RECORD and to include extraneous
Supreme Court's decisions for collective bar- matter.)
gaining? Those in management who panic Mr. FOGARTY. Mr. Speaker, there is
may rush in to insist on tightening the so- always much satisfaction in seeing out-
called standard arbitration clauses to sharply standing and devoted Career public ser-
delimit arbitration. They are unionnmeet vants recognized for what they are doing w
tth sharp resistance from union nee
e .to advance the welfare of the American
th
a
supremely sensitive areas such as sub-
contracting and the like. (Wallen 63, W. Va.
Law Review at p. 299.)
The newly announced Douglas doctrine
shatters precedent. Arbitration has received
Perhaps in recognition of the meager the alchemist's transmutation. Except for
and "clairvoyant" nature of this estimate matters expressly excluded, all arbitration is
of congressional Intent, the Court's opin- now open end regardless of union-manage-
ion sought to justify this "entirely new ment intent; and the right of judicial re-
and strange doctrine" by a discursive, view, for all practical purposes, is a thing of
the past. These decisions are so weighted
internally inconsistent discussion of the in labor's favor that two results appear in-
nature of labor arbitration, leading to evitable: (1) Attempts to modify long-exist-
the highly debatable conclusion that that tag contract language to avoid the dangers
nature warrants ahands-ofP approach on posed n trife, cause
(2) a spate of judicial op labor-manage-
ment
e
c
the part Of the Courts. distinguishing the instant cases will follow
Professor, now Court of Appeals Judge, in an effort to restore a semblance of reality been given previously to only a small
Paul Hays cogently noted the lack of to the arbitral process. (Cornell L. Rev., vol. number of outstanding nonphysicians.
logic , and correctness in the trilogy, 46 at p. 349.) Including Franklin D. Roosevelt, Bernard
saying: I think no one has better expressed the M. Baruch, Sister Elizabeth Kenny,
It is with the reasoning of the opinions recent strange convolutions of the Su- Henry F. Kettering, Basil O'Connor, and
and with their aura that one takes issue. Eugene J. Taylor.
Perhaps it would be fair to say that the preme Court in this area of the collective In making the award, this professional
Court's view of labor arbitration, as expressed agreement than Prof. Clyde Summers, group quite properly noted the results
in these opinions, is romantic rather than of Yale Law School. In his report to leadership in terms of
realistic and rational. The picture given of the American Bar Association Labor o of the Miss substantial Switfer's growth in services m of
the arbitration process sounds more like the Law Section in 1962, Professor Summers disabled through the Federal-State pro-
The "quid pro quo" concept attributed by
the majority opinion to Congress is actually
the Court's own invention. Most Congress-
men are sufficiently familiar with collective
bargaining to know that the only considera-
tion flowing to an employer in the usual
collective bargaining agreement is the no-
strike clause. It is simply a distortion of
fact to narrow the employer's quid, from the
entire basket of promises he makes, to the
meager confines of the arbitration clause
a clause which many labor contracts do not
contain. The distortion thus accomplished
is tantamount to a holding that the monthly
cash rental for a nine-ropm house is the
quid pro quo for the use of the dining room.
The Court's main concern this term nas progress in research into better metnoas
been with exploring the wonderland of sec- of rehabilitating the disabled, and the
iila Intent, 301. Fent, , th the white rabbit of expanded national training program for
through the doorway of Justices State have court peeked eked producing more professional workers in diction, nearly drowned in their own tears this field.
over Norris-La Guardia; and like an Alice, the Because the sort of recognition given
Court, in this wonderland, has first closed by such a Gold Key Award gives visible
up and then opened up, like a telescope, evidence of the exceptional performance
sze, or knowing how to size become
should the pecorrect by career Government leaders such as
size, o what the correct susho shot be. Miss Switzer, I should like to insert at
-Mills In Lincolapabl of the fashioning a up body like of a this point in the RECORD the text of the giant, Federal now law for the enforcement of collec- citation from the December 1964 issue of
Federal
bargaining agreements. But in the the Archives of Physical Medicine and
Steelworkers' cases the Court nearly disap- Rehabilitation:
people. Recently a leading medical
journal, the Archives of Physical Medi-
cine and Rehabilitation, announced the
conferring of the Gold Key Award on
Miss Mary E. Switzer, Commissioner of
Vocational Rehabilitation, in the U.S.
Department of Health, Education, and
Welfare, for her long and distinguished
service in developing and expanding bet-
ter rehabilitation services for disabled
men, women, and children in this country
and abroad.
The award. Is the highest conferred
by the American Congress of Physical
ine and Rehabilitation. It has
di
M
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March 10, 1965 CONGRESSIONAL RECORD -APPENDIX
For, .1965, the. company will . exert every
effort to meet the President's goal of an in-
crease of about 20 percent In its net con-
tribution-the excess of exports, dividends,
and license fees over such Qversea invest-
ment as maybe required to preserve and ex-
pand a fully competitive position.
Mr. Speaker, as Congressman from the
First District of Iowa, I want to person-
ally applaud this generous action on the
part of Caterpillar Tractor. These ac-
tions illustrate the type of enlightened
and generous attitude that has contrib-
uted so, much to the strength and well-
being of this great Nation, It. is another
vindication of the firm faith which all of
us, as devoted Americans, have in our
great competitive free enterprise econ-
omy.
Farm Income Too Low
HON. WALTER F. MONDALE
OF. MINNESOTA
IN THE SENATE, OF THE UNITED STATES
Wednesday, March 10, 1965
Mr. MONDALE. Mr. President, last
week the very reliable Minnesota poll of
the Minneapolis Star and.Tribune indi-
cated that more than 6 out of every 10
Minnesotans feel that the farmers in the
United -States do not get a fair return
on their products.
This poll echoes, I think, the senti-
ments of all citizens in the Midwest and
farm States, and I think it deserves much
wider attention.
Therefore, I ask unanimous consent
that an article describing the results of
the poll be printed In the Appendix of
the RECORD.
There , being no objection, the article
was ordered to be printed in the RECORD,
as follows:
MINNESOTA POLL: 62 PERCENT CALL FARM
INCOME Too Low
U.S. farmers generally do not get a fair
return on their products, in the opinion of
more than 6 out of every 10 Minnesotans
(62 percent) questioned in a statewide survey
by the Minneapolis Tribune's Minnesota poll.
Among farm residents themselves the feel-
ing is almost unanimous; more than 9 out
of every 10 persons living on farms think
farmers fail to get properly reimbursed for
their work.
In the words of a Bloomington housewife,
28, who once lived on -a farm: "You can not
possibly make any money considering the
work that goes into farming. Ifthey got
paid by the hour, farmers would be rich com-
pared with the workingman in town."
Out of the, wide variety of explanations
offered as to hy farmers do not get their
fair share, the middleman most often is
singled out as a cause,
There are just too many middlemen in
our marketing system, at St. Paul man said.
The question put to a balanced sampling
of Minnesota, men and women living in all
parts of the State:
As things stand today, would you say that
farmers in the United States generally do or
do not get a fair return on their products?
All
adults
return------------------- 28
Do not=--------------------- 62
Other answers______________ 2
No opinion----------------- 8
Total---------------- 100
A1089,
the Catholic publication, The Commen-
Farresidentsm tator.
8
92
The article is as follows:
MEDICARE PLAN OF AMA
(By Father John Doran)
--- plan proposed by the American Medical As-
sociation is really closer to the thought of
100 the Papal Encyclicals than the social security
A farmer's wife from Clay County said: Plans of the administration. Let me tell you
"The prices we get for our crops aren't high why.
enough. We should have 100 percent parity." At the beginning of his famous encyclical
Another farm homemaker (Otter Tail "Mater et Magistra," Pope John restated the
County) who feels farmers should be left usual papal thought on the principle of sub-
alone and allowed to handle their own prob- sidiarity. He said, quoting Pius XI in
lems puts the blame on bigness. "We used "Quadregsismo Anno," "It is a fundamental
to raise turkeys and made out OK until the principle of social philosophy, fixed and un-
big companies sold feed," she said. "Too changeable, that one should not withdraw
many big businessmen invest in farming as from individuals and commit to the Com-
a sideline and that hurts us, like the chicken munity what they can accomplish by their
farms that are run by the big food chains." own enterprise and industry. So, too, it is
A Stillwater man who teaches typing and an injustice and at the same time a grave
stenography thinks "It's just the way our evil and a disturbance of right order, to
economy operates. Nobody wishes it on transfer to the larger and higher collectivity
them, but as a whole our farmers don't have functions which can be performed and pro-
much of a chance to raise their standard of vided for by lesser and subordinate bodies.
we ve tampered with supply and demand
through subsidies and it hasn't worked," a
Coon Rapids woman declared,
After sorting the answers into broad cate-
gories, the explanations are found in these
numbers
Per-
Middleman takes too much, too many cent
middlemen-------------- 43
Lack of organization, no bargaining
power, can't control prices ----------- 17
Cost of farm operation too high in rela-
tion to return on products ----------- 12
Overproduction, products wasted ------- 7
Government regulations, too much Gov-
ernment control5
Too many imports--------------------- 2
Other reasons------------------- 19
Don't know - - 8
Total - - 113
The above column adds to more than 100
percent because some respondents who
thought farmers did not get a fair return
supplied more than one reason, _
"The farm problem" has been d source of
vexation to White House administrations be-
fore and after the great depression of the
1930's. "It's going to take some smart
cookie to figure it out," one farmer mused.
Medicare Plan of AMA
EXTENSION OF REMARKS
OF
HON. JAMES H. MORRISON
OF LOUISIANA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. MORRISON. Mr. Speaker, medi-
care is a most controversial subject and
I think that all views should certainly
be expressed in the CONGRESSIONAL REC-
ORD and various news media.
The Honorable Chester A. Williams,
Jr., coroner of the East Baton Rouge
Parish, who is an outstanding and dis-
tinguished doctor of Baton Rouge, La.,
requested that I include in the RECORD
the following article, which appeared in
its very nature, prove a help to members of
the body social, it should never destroy or
absorb them" (pt. 11, No. 53).
Basically, the social security approach to
medicare is this: the Government will en-
force by taxation. a withdrawal from the pay
of the individual and his employer a sum
of money each month in order to provide
for this employee hospital care in his later
years. In this part of the program one finds
an insurance plan forced upon the employee
by the Government. But, when one con-
siders all those already over 65, or soon to
pass that age, one sees the Government plan
as an outright grant of hospital costs (with
certain limitations, of course) to every one
who is of the required age, whether that
person needs the assistance or not.
There is, let me say at once, a real need
for some sort of medical care for those who
cannot provide it for themselves. This coun-
try of ours is too rich in material wealth to
allow the poor within it to be deprived of
medical care. It can and should be pro-
vided. There is no argument here. What
is argued, and of vital concern, is whether
this assistance shall be provided broadcast,
or as needed.
You see, the elderly as such are not neces-
sarily indigent, not necessarily in need. A
visit to retirement communities can show
one that. The aged of this country repre-
sent 9 percent of the population, and control
8 percent of the country's income. Ninety-
six percent of these oldsters owe, according
to the University of Michigan survey, no
bills for doctor, dentist, or hospital. As a
class our elderly people are not a poor people.
However, and this is a big however, an indi-
vidual in need is not going to be much
helped, by the simple fact that he is of a
class not in need. There are, and there will
be, elderly people who do need assistance
in order to meet medical bills, hospital, doc-
tor, and drug. For them provision must be
made.
The AMA plan recognizes this need, but
proposes that the need shall be met where
the need exists, not on an overall basis of
establishing medicare for all, whether they
need it or not. The AMA plan envisions the
use of private insurance, and would function
through the Kerr-Mills Act, already im-
plemented in some 40 States. "Under the
new program, an over-65 citizen would pur-
chase through the private insurance firms a
wide spectrum of medical, surgical, and hos-
pital benefits, and, would pay all, part, or none
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CONGRESSIONAL RECORD APPENDIX March 10, 1965
of the costs of the policy, depending on his "National defense expenditures in Penn-
income. sylvania constitute only one-third of the
For individuals with Income under the amount spent in New York and only one-
specified minimums, the State agency, using eighth of that spent in California. The
Federal-State funds, would pay the entire phasing out of the Olmsted Base will lower
costs. * * * Aid would consist of comprehen- the share of the Commonwealth to less than
save health-care benefits, rather than being 31/2 cents of each national defense dollar.
limited to $ospital and nursing home care, "Olmsted Air ForceBase is the only base
which are the only benefits under the operated by the Air Force in Pennsylvania.
presently proposed Government plan. Eli- Its closing may result in inadequate protec-
gibility for assistance would be determined tion for Pennsylvania and northeastern
on the basis of a "simple income statement." United States: Therefore be it
The reason why I think the AMA plan fits "Resolved, That Secretary of Defense
into the principle of subsidiarity better than Robert S. McNamara be urged to rescind the
does the Government plan is this: the AMA order directing the phasing out of the Olm-
plan leaves to the individual the provision sted Air Force Base at Middletown; and be it
for himself and family, if he is able. further
If the individual cannot provide personally, "Resolved, That a copy of this resolution
he can turn to the next upward grouping, be transmitted to each Senator and Repre-
the insurance plan; if he is unable to use sentative from Pennsylvania in the Congress
this next step, than he turns to the State- of the United States."
Federal plan. The social security plan takes I certify that the foregoing is a true and
away from the individual his freedom for, correct copy of senate resolution, serial No.
and obligation to, provide for himself, and 11, introduced by Senators William B. Lentz,
enforces an immediate Federal plan provided Richard A. Snyder, George N. Wade, and
by taxation. The Government thereby does Robert O. Beers, and adopted by the Senate
for people what most of them can do for of Pennsylvania the second day of March
ciple of subsidiarity.
You might express my thinking on the sub-
ject of medicare this way: let those who can
provide for themselves by their own funds
and insurance do so; let the State step in to
,help those who cannot provide for them-
selves. Our own individual dignity demands
that we take care of ourselves if we can;
human dignity demands that society care for
those who cannot provide for themselves.
Closing of Olmsted Air Force Base
EXTENSION OF REMARKS
or
HON. HUGH SCOTT
OF PENNSYLVANIA
IN THE SENATE OF THE UNITED STATES
Wednesday, March 10, 1965
Mr. SCOTT. Mr. President, the clos-
ing of Olmsted Air Force Base, at Mid-
dletown, Pa., is creating grave problems
for central Pennsylvania. Twelve thou-
sand families will be seriously affected,
and great damage will be done to central
Pennsylvania's overall economy. I ask
unanimous consent to have printed in
the Appendix of the RECORD a resolution,
adopted by the Senate of Pennsylvania,
urging Secretary of Defense McNamara
to rescind the order directing the
phasing out of Olmsted Air Force Base.
There being no objection, the resolu-
tion was ordered to be printed in the
RECORD, as follows:
"SENATE OF PENNSYLVANIA RESOLUTION, FEB-
RUARY 26, 1965
"The closing of the Olmsted Air Force Base
at Middletown, Pa., will acid to the unem-
p
.
jo
ployed of central Pennsylvania about one- on poverty program and it is one of the first to any idea that another Geneva Conference
mployed foby the urth recent order
ecent total to be made uofDefense urban training centers where classroom work with the Communists could produce a settle-f Robert S. McNamara c cl si Secretary o certain of inDefense will be combined with vocational training. ment in southeast Asia.
R
tions throughout the United States. About ut The University of Oregon is running it. "Communist countries signed Geneva
1.2,000 families will be seriously affected by Philco Corp. has the contract for job train- agreements in 1954 and 1962, guaranteeing
the order. ing. And Douglas Olds, a veteran Oregon respect for the unity, neutrality, independ-
"In addition to the economic suffering of school administrator is directing a reading, ence, and freedom of Laos and Vietnam.
the unemployed the Commonwealth and the writing, and arithmetic program along with North Vietnam and China signed those
political subdivisions of the area will be ad- job training. agreements. But they are the countries
versely affected by the resultant additions of Most of the youngsters have had a job or causing all the trouble now.
poverty stricken families to relief rolls, etc., two, briefly, after dropping out of school. "Outsiders tell us, 'Go back to Geneva and
and the economy of central Pennsylvania Louis Mendoza, 17, of Denver, Colo., says t aid. But isn't twice to a lifetime
will grind to a low point in the years to come all he could get in 2 years were dishwash- try ag in
because of the loss of the annual $73 million ing or busboy jobs. Now he is studying enough? How many times do we have to
payroll of the base. electronics. try?
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MARK GRUELL, Jr.,
Secretary, Senate of Pennsylvania.
Dropout Likes Job Training
EXTENSION OF REMARKS
OF -
HON. JOHN R. HANSEN
"I'll work on color TV and things like
that," he says. "The classes are fun. They
don't treat you like a 2-year-old."
Olds says that in both the academic and
vocational classes, instructors aim at pro-
viding individual attention.
They are getting it and although the
school has been open less than 2 weeks, the
enthusiasm is evident.
"I'm oing to graduate," says Carl Nick-
els, 17, Redding, Calif. "I'm going to get
a high s hool diploma. And then I'm going
to go to oliege-maybe UCLA, I hope-and
study ele tronics."
EXTENSION OF REMARKS
or
HON. STROM THURMOND
OF SOUTH CAROLINA
IN THE SENATE OF THE UNITED STATES
Wednesday, March 10, 1965
Mr. THURMOND. Mr. President, I
have been very much impressed with an
article, in the March 15, 1965, issue of
U.S. News & World Report, containing
an interview with the Foreign Minister
of Thailand on the question of our stand
in South Vietnam. The article is en-
titled "To the United States From an
Ally: Stand Firm."
I commend this article to the atten-
tion of all Senators; and, therefore, I
ask unanimous consent to have it printed
in the Appendix of the RECORD.
There being no objection, the article
was ordered to be printed in the REC-
ORD, as follows:
To THE UNITED STATES FROM AN ALLY:
STAND FIRM
BANGKOK, THAILAND.-Talk with Foreign
Minister Thanat Khoman, of Thailand--a
country directly menaced by the war in
southeast Asia-and you get some strong
answers.
Question: Is a negotiated peace possible
in South Vietnam?
Mr. Thanat's answer: "Who is asking for
negotiations? South Vietnam has not asked
for talks. Red China and North Vietnam
are not interested. Their position is per-
fectly clear. They want control of South
Vietnam and complete and unconditional
withdrawal by the United States.
"What do you negotiate? Complete sur-
render of South Vietnam to the Communists'?
If that is your intention, then do not waste
money and time negotiating.
"When one is willing to surrender, then
surrender. It is very easy.
"The United States must continue to sup-
port South Vietnam or withdraw. Talk of
a negotiated peace is irrelevant."
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. HANSEN of Iowa. Mr. Speaker,
the efforts of the Johnson administra-
tion to get the Job Corps into full opera-
tion is to be commended. Already re-
ports of the value of this move to assist
our untrained young people are coming
to us.
An article that appeared in the Shen-
andoah, Iowa, Evening Sentinel on Feb-
ruary 15 points up the enthusiasm that
has greeted this program. I commend
it to my colleagues attention:
DROPOUT LIKES JOB TRAINING
ASTORIA, OREG.-George Howard, 18, got
through the 10th grade at Butler, Ill., then
quit school because "me and the teachers
didn't get along." He gets along fine, though,
with teachers at the Job Corps training cen-
ter at the old Tongue Point Naval Station
here. _
James Miles, 18, of Oakland, Calif., says
this is because the teachers "really want to
help. They could make a lot more money
other places, but they came here because
they want to help us."
What they are helping George and James
to do-and ultimately an enrollment of 1,250
as well-is to learn a skill and hold down a
art of President Johnson's war
This is
b
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,March 10, 1965 CONGRESSIONAL RECORD - APPENDIX
"We do not have the right to treat Lao-
tians and South Vietnamese as cattle and
dispose of them as at an auction.
"If you (Americans) want to try to dispose
of people in Europe-in Berlin-that is OK.
But do, not experiment with the freedom of
people in Asia. We will not accept it. We
,are not Interested in experiments."
The Foreign Minister, once considered a
potential neutralist, now has nothing but
scorn for the, idea of neutralism as a safe
haven for those who want to avoid domina-
tion by the Communists:
"We might consider neutralism as a refuge
if we could be convinced that the Com-
munists would let us remain free and inde-
pendent. But we saw what happened to
Laos and India. They were both neutralists.
"The Chinese have no intention of letting
us be neutral.
"They want to take over Thailand.
"Red "China's Foreign Minister, Chen Yi,
made it clear the Chinese would send cadres
and material to help 'liberate' Thailand, just
as the Chinese and North Vietnam helped the
Pathet Lao to `liberate' Laos. We do not
take the Chinese as a joke."
IF UNITED STATES WITHDRAWS
What happens to Thailand if the United
States withdraws from Vietnam?
"I cannot envisage withdrawal from Viet-
nam. But, if it happens, we will have to
strengthen' our defenses."
In 1962, after the Geneva conference which
was supposed to have neutralized Laos, Mr.
Thanat charged that the United States
"which claimed to be our great friend likes its
toes better than its friends." Later, he signed
an agreement with Secretary of State Dean
Rusin , which the United States agreed to
defend Thailand against aggression, even if
the Southeast Asia Treaty Organization
powers did not act together.
Mr. Thanat was asked if he considers this
agreement as binding as a mutual-defense
treaty. His reply:
"We believes in that agreement.
"We are certain the United States will
honor its obligations, even though there are
dissenting noises from some Americans, such
.as we have heard In the last few weeks over
the U.S. position in South Vietnam. But the
agreement was signed by Secretary Rusk with
the concurrence of President Kennedy. We
have no doubt about its validity."
" AN ANTI-WEST CAMPAIGN?
The Foreign Minister was asked if he be-
lieved Indonesia and Communist China were
working together In a campaign to drive the
West out of Asia. His reply:
"The Chinese have made it clear they want
all Western bases removed from southeast
Asia. Indonesia's intentions are much less
clear. They may want the British bases dis-
mantled so as to strengthen Indonesia's po-
sition. But the Indonesians are not as clear
as the Chinese on this point."
Would the dismantling of British bases at
Singapore and in Malaysia affect Thailand's
security?
"As long as Britain intends to fulfill its
role as a partner in SEATO, it must have
bases in Malaysia. If those bases were re-
moved, it would weaken SEATO. And when
SEATO is weakened, we are weakened.
"But this is not just the problem of one
country, Thailand. It is a problem that af-
fects the entire region."
The way things are going, is there any
hope for peace between Indonesia and the
new country of Malaysia?
"We"are trying to facilitate contact be-
tween the countries. We hope to keep the
conflict in bounds. Both sides seem to be
trying to settle the problem. But we are not
mediating-only encouraging them to explore
the situation, Our capability of helping is
limited."
Selma, Ala., and the Man Who Knows
HON. LUCIEN N. NEDZI
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. NEDZI. Mr. Speaker, satire and
wit can be most effective in fighting in-
justice and evil. In this regard, Dick
Schaap of the New York Herald Tribune,
with a wit that brightens, has illumi-
nated the grim situation in Selma, Ala.,
with his column of March 9, 1965. He
stings with the truth. I commend this
article to the attention of my colleagues.
Under leave to extend my remarks, the
article follows:
THE MAN-WHO KNOWS
(By Dick Schaap)
The trouble with Gov. George C. Wallace is
that he is too soft. He could have used
mustard gas. Or machineguns. But he
grew up with Negroes and he knows those
people and he understands them, so he
figured tear gas and clubs would do the job.
He is nothing If not a humanitarian.
His work for human rights has already
been recognized. Just last year, he won the
Nobel Prize for Martin Luther King, He had
help from people like Bull Connor and Al
Lingo and Jim Clark, but if you had to stop
and pick out the one man who did the Most
for King, it would be George Wallace. He
stood up when he was inaugurated in 1963
and he said, "Segregation now, segregation
tomorrow, segregation forever." Ever since
then, he has been presiding over the integra-
tion of his State.
Wallace said he would stand in the door-
ways of the schools, and he guaranteed that
the University of Alabama would be in-
tegrated. He said that Alabama would never
tolerate the mixing of the races in public
places, and he guaranteed that the civil
rights law would be passed. He swore that
Negroes would not march from Selma to
Montgomery, and he practically guaranteed
that the Federal Government will move Into
Alabama. Give Wallace half a chance, and
he will have Martin Luther King elected
President of the United States.
It is very subtle the way Wallace works, but
if the voter registration drive succeeds, and
a substantial number of Negroes do register
In Alabama, he will undoubtedly bid for their
votes by pointing out how much he has done
for them. He is a man of great principle.
DESERVES A PLAQUE
Today Rev. Martin Luther King will try
to lead a new march from Selma to Mont-
gomery. The smartest thing King can do is
announce that the purpose of the march
Is to present a plaque to George Wallace in
appreciation for all he has done for the civil
rights movement. This is the most power-
ful weapon that could be used against Wal-
lace. In 1958, he ran for Governor of Ala-
bama and he lost to John Patterson because
the people of Alabama suspected that Wal-
lace hated Negroes less than Patterson did.
It was a terrible thing to say about Wallace.
But ever since then students at Harvard and
Yale and Dartmouth have been waving plac-
ards saying that Wallace is a racist, and this
has reassured. the citizens of Alabama. They
respect the opinions of Ivy Leaguers.
Wallace would be very upset if the Negroes
came out openly for him. He is a political
man, and it would kill him politically. His
term of office expires next year, and he is
already thinking about changing the State
law that says a Governor and may not succeed
A1091
himself. It is too good a job to give up after
only one term. The Governor of Alabama is
responsible each year for the purchase of
$200 million worth of liquor for the State
liquor stores. It is the kind of responsibility
that makes all the headaches of freedom
marches and sit-ins worth while.
It is very important to Wallace that the
Negroes continue hating him-almost as im-
portant as it is to the Negroes that Wallace
continue hating them. Wallace's storm
troopers strengthen the civil rights move-
ment, and King's marches strengthen Wal-
lace in office. It is all crazy, which makes
it perfectly logical for the whole situation.
A CHAMPION
The truth is that Wallace has no real
hatred for Negroes. He likes them. He
simply thinks they should be kept separate,
and it is easy to see, from his background,
how Wallace developed this thinking. In the
1930's, he was a Golden Gloves boxing cham-
pion in Alabama. There were not too many
good fighters In Alabama then, but there was
a young man who had left Alabama named
Joseph Louis Barrow. He was fighting out
of Detroit, but Joe Louis would have been
happy to come back to Alabama to fight
George Wallace. The law in Alabama said
firmly that white fighters could not fight
Negro fighters, and this law probably saved
George Wallace's life.
Wallace grew up in the Black Belt of Ala-
bama, in a county where roughly half the
population was Negro. It hurts him just as
much as anybody else to see Negroes beaten
with whips and clubbed over the head and
sprayed with tear gas. It probably hurts
him more because he really knows Negroes.
In Alabama, they say you're not a man un-
less you really know Negroes.
/The Right To Vote
EXTENSION OF REMARKS
OF
HON. EDWARD J. DERWINSKI
IN THE HOUSE OF REPRESENTATIVES
Monday, March 1, 1965
Mr. DERWINSKI. Mr. Speaker, it is
necessary that the Congress take an-
other look at the voting rights provision
in civil rights laws so that the right to
vote not be denied any qualified citizen.
I certainly hope when the Judiciary
Committees of the House and Senate look
into this very necessary area, they will
take steps to guarantee the vote to Ne-
groes in the South and give necessary
attention to the abuse of voting rights
in eastern and midwestern cities con-
trolled by corrupt political machines.
Therefore, Mr. Speaker, I insert into
the RECORD a most timely letter that ap-
peared in the Harvey Tribune, an inde-
pendent publication serving the suburbs
of Cook County, Ill.:
THE RIGHT To VOTE
The right of every qualified citizen to vote
is one which should not be denied and there
is no argument to the contrary. It can be
said that citizens must be qualified as the
Constitution of the United States states and
the qualifications should be applied equally
to all and should be reasonable.
There are few places in the Nation where
voting rights are. intentionally denied but,
of course, there are some-not only in the
South, because elsewhere powerful political
machines steal votes and hoodlums in metro-
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CONGRESSIONAL RECORD - APPENDIX March 10, 1965
politan areas do the same by intimidation,
all of which equals denying the citizen his
fundamental right.
The right to vote is a part of the Ameri-
can heritage and what was fought for in the
Revolution.
There may be differences of opinion about
various human rights by conscientious peo-
ple of good-faith on both sides of various
issues, but on the question of the right to
vote there is only one side-and that is that
every American, if qualified, should have the
right to make his choices in the voting
booth.
How To Write Letters to Your Members of
Congress
EXTENSION OF REMARKS
of
HON. JOHN R. HANSEN
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. HANSEN of Iowa. Mr. Speaker,
each Member of Congress is called upon
to answer literally thousands of cards
and letters from the residents of his State
or district. Most of us feel at one time or
another that this mountain of correspon-
dence could be much more profitably
used, if someone would give assistance to
the writers in giving guidelines on how to
write about legitimate concerns.
The Council Bluffs Nonpareil in its
March 1 lead editorial has performed this
singular service for its readers. Not only
do I personally appreciate this, but I feel
it may be of assistance to other Congress-
men who may want to use it in giving
help to those in their districts who would
benefit from it.
How To WRITE LETTERS TO YOUR
MENDERS OF CONGRESS
Have you ever written a letter to your
Member of the House of Representatives, or
either of the U.S. Senators from Iowa?
As you are probably aware your Senators
are BOUBXE HICKENLOOPER, of Cedar Rapids,
and JACK MILLER, of Sioux City. They are
Republicans.
Our new Representative from the Seventh
District is a Democrat, JOHN R. HANSEN, of
Manning.
We frequently receive letters asking how to
address them in Washington. The simplest
way is to address the Senators. "U.S. Senate,
Washington, D.C." and Representatives,
"House of Representatives, Washington, D.C."
Their Ihail will be delivered directly to their
offices.
Many voters fail to communicate their
views on governmental affairs and pending
legislation because they think their Congress-
men are too busy to pay any attention to a
lone voter. Just the opposite is true. Your
Representative and your Senators want to
get mail from home. They want to hear
from you.
Because you may belong to a different po-
litical party, don't think your Representative
or your Senators will ignore your opinions.
They want to vote as they believe a ma-
jority of their constituents would like to
have them vote. They know their continu-
ance in office depends upon the support of
the voters back home.
It is not unusual for a Representative or
a Senator to saythat he would have voted
differently on some measure if he had real-
ized how the people in his State or district
felt.
Write on your personal or business letter.
head, or use plain stationary and envelope.
Sign your name legibly or type it at the bot-
tom of your letter. Congressmen seldom
take the time to read unsigned letters.
Know your subject, and name the House
or Senate bill you are writing about. Ex-
press your thoughts and conclusions in your
own words.
State your reason for writing. Tell him
how you think the proposed legislation or
action of the Government would affect you,
your family, business or profession-or its
effect on your State or community.
Do not use phrases and sentences from
form letters. They will have little or no
effect.
Be reasonable. Don't ask for impossible
things. Don't threaten, or say you will never
vote for him again if he doesn't do certain
things or vote a certain way.
After you have told him where you stand,
ask him to state his position in a reply.
If his vote or action on any issue pleases
you, write and tell him so. Much of the
mail received by Congressmen Is from people
who are displeased with their actions. When
your Senator or Representative receives a
letter of commendation he will remember tt.
Timing of your letter is important. Try to
write when the legislation is pending in com-
mittee. The place to get approval or disap-
proval of a bill, or get it amended Is in com-
mittee. Congress seldom passes a measure
without the prior approval of a majority of
the committees to which it is referred.
As we said in the beginning your Senators
and Representatives will give more attention
to your suggestions if they know you are
keeping in touch with legislative issues, and
write them occasionally.
Crime Detection Society Supports L.B.J.
EXTENSION OF REMARKS
OF
HON. SAMUEL L. DEVINE
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. DEVINE. Mr. Speaker, the So-
ciety for Scientific Detection of Crime of
Columbus, Ohio, recognizing the seri-
ousness of the increase in crime across
this Nation, directed a letter to President
Johnson on March 5, as follows:
MARCH 5. 1965.
The PRESIDENT,
The White House,
Washington, D.C.
MR. PRESIDENT: Our organization, the So-
ciety for Scientific Detection of Crime, Co-
lumbus, Ohio, has noted with great interest
the concern you have shown over the in-
creasing rate of crime throughout the coun-
try. We would appreciate being able to add
our support in this concern.
Our society, in this location, has been In
existence for 21 years and is composed of
many of our leading criminal investigators
in the legal, medical, scientific, and police
investigational fields and many ancillary
areas. One member, now honorary, Hon.
SAMUEL L. DEVINE, Member of Congress, was
most active in our society during his years
as prosecuting attorney of our county.
Mr. President, we would urge you to pro-
ceed, with all reasonable haste, to establish
a type of National Crime Commission to con-
cern Itself wtih all phases of evaluation of
prevention, detection, and elimination of
crime. Our hope would be that through
knowledge, improvement in communication,
understanding, and recommendations, such
a commission would assist every community
in controlling, if not eliminating, much of
the crime in their midst.
If our organization can be of any service,
please feel free to call upon us, and we shall
try to serve in any manner we can.
Respectfully yours,
JOHN W. MONTAG,
President.
This nonpartisan organization has de-
voted years, in objective study of prob-
lems-of crime, and meets each month to
exchange valuable information on help-
ful analysis and possible solutions.
They can be of help to the President.
Drifting and to Where?
EXTENSION OF REMARKS
HON. MASTON O'NEAL
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, March 10, 1965
Mr. O'NEAL of Georgia. Mr. Speaker,
under unanimous consent to revise and
extend my remarks in the RECORD, I in-
clude an address by former Congress-
man B. T. Castellow, of Cuthbert, Ga.
This speech was delivered in this very
Chamber on February 6, 1936.
The Honorable B. T. Castellow repre-
sented the Third Congressional District
in the U.S. House of Representatives at a
time when Cuthbert, Ga., was a part of
the Third Congressional District. How-
ever, since his tenure of office, Cuthbert
has been placed within the bounds of the
Second Congressional District, which
district it is my privilege and pleasure
to now represent in the House of Rep-
resentatives.
I would like to mention that the Hon-
orable B. T. Castellow served as solicitor
general of the Pataula Judicial Circuit
for many years, and in a most efficient
and honorable manner. I served as so-
licitor general, for 231/2 years, of the ad-
joining Alabany Judicial Circuit of
Georgia, and I quite naturally feel a very
close bond to the memory of one who has
had years of the same kind of service as
solicitor general.
Mrs. B. T. Castellow, the- widow of the
late Congressman Castellow, has kindly
and most graciously furnished me with a
copy of the above mentioned speech. I,
therefore, with permission, include the
speech as it was reproduced in the Cuth-
bert Times on November 5, 1964. The
title of the speech is "Drifting and to
Where"?
SPEECH OF THE LATE B. T. CASTELLOW IN 1936
Mr. CASTELLOw. Mr. Chairman, there has
been much discussion during general de-
bate this session of a purely political na-
ture. I am taking little part in these dis-
cussions, as I do not claim to be or hope
to become distinguished as a politician. In
fact, I do not and have never liked politics,
though I fully realize that it is becoming
more and more interwoven with our every
activity and legislative uncertainty supple-
ments the normal uncertainties of every
business venture.
As I see it, the welfare of the masses is far
more important than the political prefer-
ment of any man or the promotion of the
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