THE FACTS ABOUT SENATOR SYMINGTON'S POSITION WITH RESPECT TO AIR ATTACKS ON NORTH VIETNAM
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March 29, 1966
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March 29, 1966 CONGRESSIONAL RECORD - SENATE
SAFETY STANDARDS FOR MOTOR
VEHICLE TIRES
The Senate resumed the consideration
of the bill (S. 2669) to establish safety
standards for motor vehicle tires sold
or shipped in interstate commerce, and
for other purposes.
Mr. METCALF. Mr. President, today
there are tubeless tires on automobile
wheels having drop center rims. From
time to time plugs are placed in the tires
and sometimes tubes are inserted.
I am informed that a very serious and
dangerous situation occurs if one inserts
a tube in a tubeless tire. In the event of
a puncture, the drop center rim would
create the same problem as would a
blowout.
Would this measure take care of such
a situation?
Mr. MAGNUSON. Mr. President, the
pending legislation is mainly directed at
the sale of new tires and retreads.
The Secretary of Commerce would set
these minimum safety performance
standards. I am sure that the standards
would include a prohibition on the sale
of such tires as the Senator mentions.
However, if somebody bought a tubeless
tire and then purchased a tube and
placed the tube in the tubeless tire, that
situation would not be covered by this
bill.
Every State has laws that require
drivers not to proceed upon the highway
with defective automobiles. I suppose
that a highway patrolman in Montana
could say to the Senator from Montana,
if he were to take the steering wheel off
his automobile and use some other steer-
ing device, that it was unsafe and that
he could not drive the car in that con-
dition.
States could prohibit someone from
using on the highways tubeless tires with
tubes inserted.
Mr. METCALF. That would be
largely a State matter.
Mr. MAGNUSON. The Senator is
correct. The Secretary of Commerce
could make recommendations to the
States that they prohibit such a prac-
tice on the ground that it would not
accord with the so-called minimum
standards.
Mr. METCALF. I hope that, when the
bill is passed, some investigation might
be made along that line.
Mr. MAGNUSON. If anyone were to
sell a tubeless tire, whether it be sec-
ondhand or new or retread, with a tube
in the tire, the minimum standards would
cover that situation and the man would
be liable for violating the law.
Mr. METCALF. I thank the Senator
from Washington.
The, PRESIDING OFFICER. The
hour of 2 o'clock having arrived, and
the bill having been read the third time,
the question is, "Shall the bill pass?"
On this question the yeas and nays
have been ordered, and the clerk will
call the roll.
The legislative clerk called the roll.
Mr. MANSFIELD. I announce that
the Senator from Connecticut [Mr.
DODD], the Senator from Tennessee [Mr.
GORE], the Senator from Arizona [Mr.
HAYDEN], the Senator from Hawaii [Mr.
INOUYE], the Senator from Louisiana
[Mr. LONG], the Senator from Wyoming
[Mr. MCGEE], the Senator from Oregon
[Mrs. NEUBERGER], are absent on official
business.
I also announce that the Senator from
Mississippi [Mr. EASTLAND], the Senator
from Minnesota [Mr. MCCARTHY], the
Senator from New Hampshire [Mr. Mc-
INTYRE], the Senator from Michigan'
[Mr. McNAMARA], the Senator from
Rhode Island [Mr. PELL], and the Sen-
ator from South Carolina [Mr. RUSSELL]
are necessarily absent.
I further announce that the Senator
from Florida LMr. HOLLAND], is neces-
sairly absent because of the serious ill-
ness of his brother.
I further announce that, if present and
voting, the Senator from Connecticut
[Mr. DODD], the Senator from Mississip-
pi [Mr. EASTLAND], the Senator from
Tennessee [Mr. GORE], the Senator from
Arizona [Mr. HAYDEN], the Senator from
Florida [Mr. HOLLAND], the Senator from
Hawaii [Mr. INOUYE], the Senator from
Louisiana [Mr. LONG], the Senator from
Minnesota [Mr. MCCARTHY], the Sen-
ator from Wyoming [Mr. McGEE], the
Senator from New Hampshire [Mr. Mc-
INTYRE], the the Senator from Oregon
[Mrs. NEUBERGER], the Senator from
Rhode Island [Mr. FELL], and the Sen-
ator from South Carolina [Mr. RUSSELL],
would each vote "Yea."
Mr. DIRKSEN. I announce that the
Senator from Colorado [Mr. ALLOTT], the
Senator from Kentucky [Mr. COOPER],
the Senator from Arizona [Mr. FANNIN],
the Senator from California [Mr.
MURPHY], and the Senator from Dela-
ware [Mr. WILLIAMS] are necessarily
absent.
The Senator from New York [Mr.
JAVITS] is absent on official business.
The Senator from California [Mr.
KUCHEL] is absent because of illness.
If present and voting, the Senator from
Colorado [Mr. ALLOTTI, the Senator from
Kentucky [Mr. COOPER], the Senator
from Arizona [Mr. FANNIN], the Senator
from New York [Mr. JAVITS], the Senator
from California [Mr. KucHEL], the Sena-
tor from California [Mr. MURPHY], and
the Senator from Delaware [Mr. WIL-
LIAMS] would each vote "yea."
The result was announced-yeas 79,
nays 0, as follows:
[No. 60 Leg. ]
YEAS-79
Aiken Harris Nelson
Anderson Hart Pastore
Bartlett Hartke Pearson
Bass Hickenlooper Prouty
Bayh Hill Proxmire
Bennett Hruska Randolph
Bible Jackson Riblcoff
Boggs Jordan,N.C. Robertson
Brewster Jordan, Idaho Russell, Ga.
Burdick Kennedy, Mass. Saltonstall
Byrd, Va. Kennedy, N.Y. Scott
Byrd, W. Va. Lausche Simpson
Cannon Long, Mo. Smathers
Carlson Magnuson Smith
Case Mansfield Sparkman
Church McClellan Stennis
Clark McGovern Symington
Cotton Metcalf Talmadge
Curtis Miller Thurmond
Dlrksen Mondale Tower
Dominick Monroney Tydings
Douglas Montoya Williams, N.J.
Ellender Morse Yarborough
Ervin Morton Young, N. Dak.
Fong Moss Young, Ohio
Fulbright Mundt
Gruening Muskie
NAYS-0
NOT VOTING-21
6585
Allott
Holland
McIntyre
Cooper
Inouye
McNamara
Dodd
Javits
Murphy
Eastland
Kuchel
Neuberger
Fannin
Long, La.
Pell
Gore
McCarthy
Russell, S.C.
Hayden
McGee
Williams, Del.
So the bill (S. 2669) was passed.
Mr. MANSFIELD. Mr. President, the
distinguished senior Senator from Wash-
ington [Mr. MAGNUSON] is to be com-
mended for his highly capable handling
of the tire safety measure. Its passage
was unanimous.
No greater tribute can be given to the
floor manager of the bill than unaminous
endorsement by the Senate. Success of
such magnitude, however, is typical of
legislation supported by the able and
astute chairman of the Commerce Com-
mittee. His countless triumphs in this
body alone speak highly for his deep and
abiding devotion to the people. We con-
gratulate him for another triumph today
and we are grateful.
Additionally, we thank the distin-
guished junior Senator from Wisconsin
[Mr. NELSON] and the senior Senator
from Indiana [Mr. HARTKE] for their
splendid contributions, and also the
junior Senator from Connecticut [Mr.
RIBICOFF] for his assistance. The
articulate support of these Senators
helped greatly to assure the overwhelm-
ing success of this measure. And to the
Senate as a whole I express my gratitude
for swift and orderly action.
ORDER FOR ADJOURNMENT UNTIL
FRIDAY NEXT
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that, when the
Senate completes its business today, it
stand in adjournment until 12 o'clock
noon on Friday next.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, a id 't~
is so ordered. j
THE FACTS ABOUT SENATOR SY-
MINGTON'S POSITION WITH RE-
SPECT TO AIR ATTACKS ON
NORTH VIETNAM
Mr. SYMINGTON. Mr. President,
last Friday, the senior Senator from
Pennsylvania [Mr. CLARK] made a state-
ment on the floor of the Senate incident
to his inserting several newspaper col-
umns into the RECORD, the first paragraph
of which read as follows:
Mr. President, during the debate on the
supplemental appropriation bill for Vietnam
earlier this week several distinguished Sena-
tors took issue with the view of the Secre-
tary of Defense and the Chairman of the
Joint Chiefs of Staff that further intensifica-
tion of bombing in North Vietnam was not
desirable.
The three Senators referred to in.the
columns in question were the senior Sen-
ator from Georgia [Mr. RUSSELL], the
junior Senator from Pennsylvania
[Mr. Scow], and the senior Senator
from Missouri.
The second paragraph of the state-
ment of the senior'Senator from Penn-
sylvania's statement read:
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CON43RESSIONAL RECORD - SENATE March 29, 1966
Both the Secretary and General Wheeler
spelled out in the course of the hearings,
in what was to me a completely logical way,
their reasons for concluding that it was not
wise under the present circumstances either
to start bombing the cities of North Viet-
nam, or to attempt to destroy the oil installa-
tion and storage facilities there, or to bomb
or mine Haiphong Harbor.
The other two Senators can speak for
themselves, but if there is any implica-
tion here that I am in favor of "bomb-
ing the cities of North Vietnam," the
Senator from Pennsylvania could not be
more incorrect. I have stated many
times that I would oppose such attacks.
Mr.. RUSSELL of Georgia. Mr. Presi-
dent, will the Senator from Missouri yield
on that point?
Mr. SYMINGTON. I am glad to yield
to the Senator from Georgia.
Mr. RUSSELL of Georgia. Let me say
that this point has been ever present
during this whole discussion, the idea
that someone was urging bombardment
from the air of the cities in North
Vietnam.
f have not heard that suggestion made
by any Senators whatever. Even the
military people, who have been very
anxious to get the harbor in Haiphong
closed, and have so testified before our
Committee, have not advocated the
bombing of the cities of Hanoi or
Haiphong.
1. have not heard of any Senator-
whatever his views may have been on the
importance of putting a stopper in the
bottle at Haiphong--advocating the
bombing of those cities.
However, it has been used in head-
lines. It has been used in articles. It
has been used in debate on the floor of
the Senate, but it is a strawman which
has been built, up merely to be knocked
down? because no Senator or no one in
the military, so far as I know, has ad-
vocated any bombardment of northern
cities which would endanger the civilian
population there.
Of course, it is impossible to carry out
any air raid anywhere without some dan-
ger to the civilian populace. But, so far
as having such an attack as those which
were carried out against Tokyo during
World War II, when the habitations of
thousand and tens of thousands of people
were burned to the ground in a matter
of hours, no one has ever advocated
that--at least it has never come to my
attention.
']'his is purely a "red herring" which
has been dragged across the trail in this
debate, when we are merely asking that
a stopper be put in the bottle in the
harbor at Haiphong, to be closed in a
manner which our professional military
men believe is somewhat desirable.
Mr. SCOTT. Mr. President, will the
Senator from Kansas permit me to ad-
dress a question to the Senator from Mis-
souri?
Mr. PEARSON. I am happy to yield
to the Senator from Pennsylvania for
that purpose.
Mr. SYMINGTON. I will be happy to
accommodate the Senator from Pennsyl-
vania, but first I should like to comment
on what the distinguished chairman of
the Armed Services Committee said, in
effect that to the best of my knowledge
no one, either in the Senate or in the
Military Establishment today, on active
duty, has ever recommended, informally
or formally, that we bomb the city of
Hanoi.
I am glad to yield to my :friend from
Pennsylvania.
Mr. SCOTT. I should like to join in
that expression of the Senator from Mis-
souri because while columnist after col-
umnist has striven to set up a strawman,
that sonic Senator has advocated the
bombing of the cities of North Vietnam,
so far as I know-and I am the third
Senator referred to by the Senator from
Missouri-none of us has advocated the
bombing of any northern city.
If anything appears in the CON nES-
SiONAL RECORD to that effect, It is in error
so far as I am concerned, and it would
be an inadvertent error. To the b_:st of
my knowledge, I have sought most care-
fully in public statements,, in tele,,rision
and radio programs, and on the floor of
the Senate, to make it clear that while I
favor a blockade of the harbor of Hai-
phong or, as the distinguished Senator
from Georgia stated, putting a plag in
the bottle, I also would. favor the mining
of the harbor of Haiphong, and I have
ruade that clear. But I have not. and
do not now, advocate the bombing of the
cities of North Vietnam---in the sense
which the Senator from Georgia has
made clear-of the kind of bombing
which would result in civilian deaths of
an indiscriminate character.
While several Senators have expl essed
support of a strategy of bombing mili-
tary targets throughout the whole of
Vietnam, North and South., I should like
the RECORD to show--because one dis-
tinguished columnist from New Yore has
included the names of three Senators in
a, commentary which would appear to
indicate that we do so favor--that I have
not heard the Senator from Georgia, or
the Senator from Missouri, and certain-
1,y have not myself, at any time, advocate
the bombing of Hanoi and Haiphol:g, or
of other cities of civilian populations,
generally or indiscriminately.
I thank the Senator from Kansas. and
the Senator from Missouri.
The PRESIDING OFFICER. The
Chair would like to make an observation
at this point, if the Senator from Mis-
eouri [Mr. SYMINGTON] will suspend for
a moment. I have been advised by the
Parliamentarian that the previous
unanimous- consent agreement entered
into by the Senate was to continue with
morning business following the vote at
I! o'clock.
Therefore, technically, we are still in
the morning hour, with a 3-minute limi-
tation. The Chair wishes the Senl..te to
be aware of that.
Mr. MANSFIELD. Mr. President., will
the Senator from Kansas yield?
Mr. PEARSON. I yield.
Mr. MANSFIELD. Would the distin-
guished Senator from Kansas consider
allowing a morning hour to be agreed to,
with the proviso that at its conclusion
the Senator from Kansas will immedi-
ately be given the floor?
Mr. PEARSON. I am very pleased to
accede to that request.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MANSFIELD. Mr. President. I
ask unanimous consent that the Senator
from Missouri may have 10 additional
minutes to proceed.
The PRESIDING OFFICER. Is there
objection?
The Chair hears none, and it is so
ordered.
Mr. JACKSON. Mr. President, will
the Senator from Missouri yield?
Mr. SYMINGTON. I am happy to
yield to the Senator from Washington.
Mr. JACKSON. Mr. President, I wish
to commend the distinguished Senator
from Missouri in connection with the
remarks he is making on the floor of the
Senate.
I have come to the conclusion that it
is necessary, almost daily, to keep the
record clear in connection with the pro-
posal to bomb North Vietnam.
As the Senator from Georgia has men-
tioned, I do not know of a single military
or civilian official who has ever advo-
cated bombing in the north to obliterate
cities. The discussion has been limited
exclusively to power, ports, and petro-
leum, with references to certain airbases
in addition.
I want to say to Members of the Sen-
ate that I think it is regrettable that day
after day these allegations are made
that anyone who advocates bombing in
the north is desirous only of obliterat-
ing the cities in the north-which is
simply not true.
I commend the distinguished Senator
from Missouri for the statement he has
made on the floor of the Senate on this
point.
Mr. SYMINGTON. I thank the able
Senator from Washington, a distin-
guished authority in this field.
The senior Senator from Pennsylvania
then refers to a column which raises
another strawman to be knocked down;
namely, the possible boarding of a Soviet
ship by an American destroyer. I was
not talking about anything of that char-
acter. These docks could be taken out
of operation by air attacks, or by the
same efforts against this North Viet-
namese harbor that the Vietcong and the
North Vietnamese have made against the
Saigon harbor of South Vietnam.
The senior Senator from Pennsylvania
then quotes some testimony of the Chief
of Naval Operations, possibly implying
that the Chief of Naval Operations op-
poses any attack on the transportation
facilities at Haiphong because such an
attack would not improve our military
operations in South Vietnam.
If that was the idea, this deduction also
is not correct.
The Joint Chiefs of Staff, of course,
support the decision of higher authority;
but from a military standpoint all mem-
bers of the Joint Chiefs and the Com-
mandant of the Marine Corps who sits
with them have testified before a joint
session of the Armed Services and Appro-
priations Committees that they were
unanimous in believing a neutralization
of the harbor facilities at Haiphong
would help our military operations In
South Vietnam.
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March 29, 1966 CONGRESSIONAL RECORD - SENATE
Mr. CLARK. Mr. President, will the
Senator yield for a question?
Mr. SYMINGTON. If I may complete
my statement, I will yield first to the
senior Senator from Pennsylvania.
The testimony of the Joint Chiefs was
deleted by the Defense Department, but
because of the 'statement made by the
senior Senator from Pennsylvania, inci-
dent to his insertion of these columns I
have urged the Department to declassify
said testimony.
What could be more logical than neu-
tralizing these docks, in that we have
testimony that a majority of what is
going down the Ho Chi Minh trails into
South Vietnam comes through this har-
bor.
In a report to the chairman of the
Armed Services and Foreign Relations
Committees last January 24 with respect
to my trip to Thailand and South Viet-
nam, I stated:
The time is approaching when we must de-
cide-while the decision is still ours to
make-whether we will move forward or move
out. Whichever course we choose, we must
take it with courage, with skill, and with
realism. We must be equally realistic about
the consequences of avoiding this difficult
choice.
That was my position then and that
is my position now; and I do not under-
stand those who want us to just hang on
in South Vietnam on a quantitative basis
only, one against one, one fine American
youth against an illiterate Vietcong guer-
rilla, a ground war in Asia utilizing little
of the qualitative technological advan-
tages which have given the United
States superiority to the point of suprem-
acy on the sea and in the air.
This is why I would prefer to either
"move forward or move out," instead of
continuing a policy of fighting It out "1
to 1"-at times 1 to 10-on the ground.
It is mathematical that the more we
successfully attack meaningful military
targets in North Vietnam, the less will be
the number of American casualties in
South Vietnam.
Mr. CLARK. Mr. President, will the
Senator yield?
Mr. SYMINGTON. I yield to the able
Senator from Pennsylvania.
Mr. CLARK. I am delighted to know
that none of the Senators who have
spoken in the last few minutes wish to
bomb the cities of North Vietnam. If
this Is a mere strawman, I am glad the
Senator from Missouri and his colleagues
have destroyed that strawman. It has
been widely alleged in the press that
there were individuals, both in the Mili-
tary Establishment and in the Senate,
who wanted, however, to destroy the
cities of North Vietnam by bombing.
Iam delighted-
Mr. SYMINGTON. Mr. President, the
Senator from Georgia [Mr. RUSSELL],
chairman of the Armed Services Com-
mittee, made a statement with which I
agree without reservation. I have never
heard of anyone, either a member of the
Armed Services Committee or the Sen-
ate, or in the Military Establishment who
wants to bomb the cities of Hanoi or
Haiphong.
Mr. CLARK. As the Senator from
Missouri well knows, because of the dis-
cussion, the information just received
from the Pentagon makes public highly
classified information which was not
known by me at the time of my com-
ments. I was unaware, until the Senator
from Missouri made the statement, of
the position of the Joint Chiefs of Staff.
I think the Senator will agree that one
who read the hearings on the Vietnam
supplemental appropriation bill was en-
titled to believe that General Wheeler
and Admiral McDonald were supporting
the Secretary of Defense and the Presi-
dent of the United States. We have now
been told they do not, and that their
views were overruled by higher authority.
Mr. SYMINGTON. To make the
record straight, I have urged the Defense
Department that the detailed testimony
of the Joint Chiefs, as well as the Com-
mandant of the Marine Corps, who sits
with them in their meetings, be made
public on this subject.
Without going into any detail, I pre-
sent to the Senate and the people today
the fact that, from the military stand-
point, all the Joint Chiefs were in favor
of neutralizing the port of Haiphong;
also that I have requested the details of
this information be declassified by the
Department of Defense.
Mr. CLARK. Mr. President, will the
Senator yield further?
Mr. SYMINGTON. I am glad to yield
to the Senator from Pennsylvania.
Mr. CLARK. In my judgment, the
Secretary of Defense, Mr. McNamara,
and the President of the United States,
who are higher authority in both in-
stances than the Joint Chiefs of Staff,
are correct in their present determina-
tion not to expand the bombing in North
Vietnam to include the harbor of Hai-
phong and not to mine at this time the
harbor of Haiphong; and not to take out,
or attempt to take out, the oil storage in-
stallations in North Vietnam. I point
out the danger of civilian casualties is
not remote. To my way of thinking, this
is a political decision correctly made by
the President of the United States, under
the advice of the Secretary of Defense,
and I support them both.
I regret that the Senator from Mis-
souri and his colleagues who have spoken
do not support the present Secretary of
Defense, but that is their perfect right.
Certainly, the Senator from Georgia and
the Senator from Missouri, with their
vast experience, not only as members of
the Armed Services Committee, but in
one instance as a former Secretary of the
Air Force, have the right to have their
opinion. But I support the President of
the United States.
Mr. SCOTT. Mr. President, will the
Senator yield?
Mr. SYMINGTON. Before I yield to
the junior Senator from Pennsylvania,
let me say I am glad the senior Senator
from Pennsylvania supports the Presi-
dent in his decision, and only wish he
would support him in more decisions.
This, however, was not the purpose of
my talk today. I know how the Senator
from Pennsylvania feels about all this,
because he often talks about it. He has
made his position clear. Some of us do
not agree with him. ,
All I wanted to do today was correct
the RECORD from the standpoint of fact.
It is a fact that the Joint Chiefs and the
Commandant of the Marine Corps be-
lieve from the military standpoint, that
it would cause less slaughter of young
Americans if we took out the use of the
docks at Haiphong.
I am one who believes, when we get
Into a war, it is logical to pay respect to
those people in whom the American peo-
ple have invested a great deal of money
to learn how to be as successful as possi-
ble militarily at minimum cost and, what
is more important, at minimum loss of
life.
I yield to my friend from Pennsylvania.
Mr. CLARK. Mr. President, will the
Senator give me the courtesy of permit-
ting me to raise one more question.
Mr. SYMINGTON. The Senator from
Pennsylvania [Mr. ScoTT] had asked me
to yield to him. Then I will be very
happy to yield to the senior Senator from
Pennsylvania [Mr. CLARK].
The PRESIDING OFFICER. Does the
Senator request additional time?
Mr. SYMINGTON. Mr. President, I
ask unainmous consent that I may be
permitted to proceed for 5 additional
minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. SCOTT. Mr. President, I simply
wanted to take this opportunity very
briefly to make my position crystal clear
so that there will be no misunderstand-
ing with reference to proposals either
to blockade or to mine the harbor of
Haiphong.
I have expressed a personal opinion
that the interdiction of the use of this
harbor by these particular measures
would be in the interest of terminating
or reducing casualties and shorten the
period of the war.
In doing that I recall that Gen. Max-
well Taylor stressed it was his personal
opinion, and not in an official capacity-
and he said it at one time not so very
long ago-that he felt our strategy could
afford to include the mining of the har-
bor of Haiphong. I think he spoke in an
individual capacity.
I do not pretend to know as much as
the experts know here. But I want to
make it clear that what I say in this
regard is not criticism of the Command-
er in Chief or the Secretary of Defense
because they have not up to this time in-
cluded these measures in their strategy.
I will support the President of the
United States throughout in the conduct
of the war. I have said so. I have
never varied from that statement. I
believe the President is following the
right course. I believe his advisers are
counseling him to the best of their
ability.
When I make a comment which might
vary from a specific aspect of the pres-
ent policy governing the conduct of the
war I wish to have it understood that it
is a personal comment based not on any
expertise on my part but on the limited
information available to me. Of course,
as I have just indicated, I support the
President in his basic position with
respect to the situation in Vietnam.
Mr. SYMINGTON. I thank the able
Senator from Pennsylvania and agree
with him. I support the President's
position. I will always support the
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CONGRESSIONAL RECORD - SENATE March 29, 1966
President's decision when I think it is
righth purpose of my remarks today
however were, first, to present that there
was no effort on the part of myself, and
I know on the part of the Senator from
Georgia or the junior Senator from
Pennsylvania, or anybody we know of, to
recommend the bombing of the city of
Uanoi.
The second point is I am glad the Sen-
ator from Pennsylvania LMr. SCOTTI has
brought up the fact one of the ablest and
most dedicated American patriots of to-
day, Gen. Maxwell Taylor, who also has
been our Ambassador to South Vietnam,
reported in open hearings of the Foreign
Relations Committee that he thought it
would improve our military position in
South Vietnam if we neutralized the har-
bor of Haiphong in North Vietnam. Fi-
nally, I present the military position of
the Joint Chiefs on this matter.
Now, .I shall be glad to yield to the Sen-
ator from Pennsylvania if the Senator
from Pennsylvania would like to make
further comment.
Mr. CLARK. I thank my friend. I
think that I made my point as com-
pletely as I need to, but in view of the
comment made a moment ago by the
Senator from Missouri, I would like to
suggest that if we examine the record of
support for the President, the Senator
from Pennsylvania will not fare badly
in comparison with the Senator from
Missouri.
Mr. SYMINGTON. Mr. President, I
thank the able Senator from Kansas for
his courtesy in yielding.
VISIT OF PRIME MINISTER OF INDIA
Mr. BASS. Mr. President, we in this
Nation are extremely happy and proud
to have the distinguished, beautiful, and
intellectual lady of a great nation visit-
ing us, the Prime Minister of India.
Nearly two centuries ago, President
Jefferson spoke of liberty as being a con-
tarfori which would spread around the
world. We have seen his prediction
come true as people around the globe
have demanded nationhood, individual
liberty, and freedom from oppression.
Yet political liberty, we know, is worth
little if there cannot also be liberty from
hunger and disease. This is why an-
other contagion has been spread by
America: the contagious desire for free-
dom from starvation and illness.
The distinguished Prime Minister of
India, Mrs. Gandhi, touched on this yes-
terday. Speaking of her desire to alle-
viate the hunger and sickness of her
people, she quoted the President of the
United States:
Declaring unconditional war on the pockets
of poverty in your own country-
She told the President-
you have said, "We want to give people
more opportunity. 'they want education and
training. They want a job and a wage.
They want their children to escape the pov-
erty which has afflicted them."
Tn a brief but moving statement, Mrs.
Gandhi concluded:
important as these words are for the
American people, they cannot mean as much
to them as they do to us in India who have
eD long been denied the very basic decencies
of life.
Last night the President replied to
her moving appeal with a challenging
idea. He suggested that an Indian-
American Foundation be established, en-
dowed with excess rupes owned by the
United States-rupees now lying idle
while some use is sought for them which
will not have a damaging impact on the
Indian economy.
His proposed solution is welcome and
interesting to me. I support it. I .agree
with the President that this proposal
promises a "new and. imaginative ven-
ture."
We are the ones who spread across
the world the contagion of liberty and
the contagion of ambition. We can-
not-ignore the effects of that contagion
on our neighbors.
I hope that the Indian-American
Foundation will receive strong support
from our people, and that it will ;po to
work soon to improve life for our 500
million friends in India, Asia's largest
democratic nation.
FROPOSED LOCATIONS OF El nEC-
TRON VOLT--BEV.-PROTON AC-
CELERATOR
Mr. RUSSELL of Georgia. Mr. Presi-
dent, on Tuesday of last week the Atomic
Energy Commission received a report
from the National Academy of Sciences
recommending six possible locations as
the site for the proposed $375 million,
2011-billion electron volt-Bev.-proton
accelerator. It is my understanding that
the AEC will now proceed to select the
final site from among the six locations
recommended by the Academy and its
12-member Site Evaluation Commit tee.
The recommended locations are Ann
Arbor, Mich.; Brookhaven National Lab-
oratory, Long Island; ]Denver; Mad son,
Wis.; Sierra Foothills, Calif., and South
Barrington-or Weston-near Chicago.
As the Committee said, it judges these
s:ix locations to be clearly superior to
the other sites that were among the 85
proposals the AEC referred to the A~cad-
e:my for evaluation and recommends Lion.
I wish to make it perfectly clear that
I do not question the qualifications or the
integrity of the members of the Site
Evaluation Committee. They are all dis-
tinguished scientists of national repute.
However, I do challenge the geographic
basis upon which the Committee based
its recommendations. It seems evident
to me that the Committee gave unfair
and undue weight in its reeommenda-
t.ons to locations which, in the rriain,
already have considerable resources in
the nuclear research field. I7ie Comrnit-
tee appears to have given scant, if any,
consideration to the long-term advantage
to the Nation of using this accelerator
project as a stimulous for developing new
scientific strength and resources in other
parts of the country such as my own
which is struggling against great odds to
achieve a. scientific parity with the rest
of the Nation.
Mr. President, the inevitable effect of
placing the national accelerator labora-
tory in a location such as the Chicago
area or California will be to promote an
even greater geographic imbalance in our
national scientific strength. It will mean
a further concentration of this strength
in a few areas of the country while plac-
ing a brake on the scientific development
of other areas, such as the South.
Mr. President, the consequences of the
Academy's site recommendations upon
both the national interest and on the
southern region is powerfully presented
in a letter to Dr. Glenn T. Seaborg,
Chairman of the Atomic Energy Com-
mission, from the Honorable Eugene Pat-
terson of Atlanta. Mr. Patterson served
as chairman of the Accelerator Commit-
tee of the Atlanta Chamber of Commerce
and is the distinguished editor of the At-
lanta Constitution.
I wish to read Mr. Patterson's letter
into the Ril CORD.
ATLANTA CHAMBER OF COMMERCE.
March 24, 1966.
Dr. GLENN T. SEABORG,
Chairman, Atomic Energy Commission,
Washington, D.C.
DEAR DR. SEABORG: In discharging their
responsibility for recommending locations
for the 200-Bev. accelerator the National
Academy of Sciences unquestionably em-
ployed superior judgment and objectivity-
based on the locational criteria made avail-
able by the Atomic Energy Commission. It
is apparent that the factor of inequitable
distribution of the Nation's scientific re-
search installations was not introduced into
the locational equation.
Realizing that the NAS report Is in the
form of a recommendation, and that the
AEC is not bound to the selected sites, we
want to again impress upon your office our
view of the broader national interest in-
volved in the selection of a site for this fa-
cility. We cannot believe the thought proc-
esses regarding this facility are short range
in nature. If the principal aim is to get
the accelerator in operation In the shortest
possible time, five of the six selected loca-
tions are logical. The discipline of i,iigh
energy physics Is relatively mature in those
places. But we believe long-range impl.ica-
ions should prevail in an installation of this
significance.
If national policy dictates geographical
balance in other areas of our society, why
not in scientific strength? The cycles that
the South is striving to break in the long
reach toward national standards will never
be broken without clear recognition, and
decisive action, by federally controlled a;en-
cies in their search for new sites for major
research facilities.
We would point out that Los Alamos, Oak
Ridge, and Houston were not rich with scien-
tific talent until an outside influence dic-
tated the desirablility of moving there.
Placed in the South, the accelerator would
serve a catalytic function that would do
more to propel this region into the main-
stream of scientific excellence than five
times $375 million doled to our universities
as grants. And this, we submit, is a con-
sideration so consistent with the national
purpose, and so vital to the development of
the Nation's least developed region-the
South-that we urge its inclusion as a pri-
mary criteria in your further deliberations
on this project, in view of its projected
magnitude.
Sincerely,
EUGENE PATTERSON,
Chairman, Accelerator Committee.
Mr. President, I want to state that I
emphatically share the views and argu-
ments that Mr. Patterson presents with
great force and eloquence. I believe his
rebuttal to the recommendations of the
Academy Committee is too compelling
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it is also for this reason that I pay great
tribute to these leaders, these individuals
who have given so much of their time and
energy, who have had the vision to provide
for the support to meet these goals.
I believe that we are able to visualize now,
advances that we will look back upon in
comparison to the advances we have made
will be regarded as far more exciting than
ever before. I think the future now holds
much greater promise in the conquest of
these diseases then ever before, provided we
continue to support this movement as
strongly as it has been supported in the past,
and even more strongly. We can only achieve
the goals which Congressmen FOGARTY so
eloquently referred to a moment ago by this
concerted effort, by this recognition of the
need to support medical research and the
need to support education in these fields.
I would hope that we will do this now and
continue to do this in the future.
I would like again to express my deep grati-
tude for this high honor and for the wonder-
ful things that these people in this audience
and at this table have done to make it
possible for me as a representative of medical
science to receive this honor. Thank you so
much. [Applause.]
THE WHITE HOUSE,
Washington, March 15, 1966.
Dr. MICHAEL E. DEBAKEY,
Statler Hilton Hotel,
Washington, D.C.
DEAR DR. DEBAKEY: I am happy to express
publicly my warm admiration for your work.
The James F. Mitchell Foundation could
have chosen no worthier recipient for its
medical research award.
Your talent and your energy in this cause
will live forever in the accomplishments
which bear the DeBakey mark.
Your successful leadership in marshalling
the resources of this Nation to bring to all
mankind the maximum benefits of medical
research has justifiably earned you the
world's acclaim.
Your efforts as Chairman of the Presi-
dent's Commission on Heart Disease, Cancer,
and Stroke have advanced an endeavor to
which I have long been deeply committed.
Your Nation salutes you and your Presi-
dent commends you.
Sincerely,
LYNDON B. JOHNSON.
MENT FOR ENJOINING GREEK-
FLAG VESSELS FROM TRANS-
PORTING CARGO TO AND FROM
NORTH VIETNAMESE PORTS
Mr. BYRD of Virginia. Mr. Presi-
dent, I rise today to commend the Greek
Government for a royal decree it enacted
on March 2, 1966.
As a result of that decree all Greek-
flag vessels are enjoined from the trans-
portation of cargo of any kind to and
from ports of North Vietnam.
As I pointed out before on the floor
of the U.S. Senate, and I point out again
today, Mr. President, ships flying the
flags of allied nations-those with whom
our country has mutual defense pacts-
are delivering goods and commodities to
North Vietnam.
A large majority of these ships fly the
British flag.
Merchant shipping is the sole import-
ant industry of the Greek Nation. So
the Initiative of the Greek Government
in preventing ships flying its flags from
trading with North Vietnam should re-
ceive public recognition.
This Initiative of the Greek Govern-
ment proves once more the sense of al-
lied solidarity which Greece has already
shown in other similar circumstances.
Indeed, since 1949 Greece has restricted
all trade with Red China, this in marked
contrast with other allied governments,
particularly West Germany, which has
officially guaranteed the financing of a
steel plant for the Red Chinese.
I cite another example. The Greek
Government has barred all trade with
the island of Cuba, the royal decree be-
ing signed on March 12, 1963, and Sep-
tember 24, 1963.
I am pleasedw today to publicly com-
mend the Hellenic Government for its
March 2 decree which prevents Greek-
flag vessels from transporting cargo of
any kind to and from the ports of North
Vietnam.
This should be a source of great pride
to the Greek-Americans, who are such
an important part of our Nation. These
warmhearted people have proved them-
selves through the years to be among the
very finest citizens of our Nation.
Incidentally, last Friday, March 25,
was the 145th anniversary of Greek in-
dependence from the Ottoman Empire,
which was won in 1821.
BUSINESS ALERTED CIVIL RIGHTS
IMPACT GREATER AND BROADER
THAN WAGNER ACT
Mr. BYRD of West Virginia. Mr.
President, I wish to insert in the RECORD
an article which appeared in the Feb-
ruary-March issue of Trial, published by
the American Trial Lawyers Association,
entitled "Business Alerted Civil Rights
Impact Greater and Broader Than
Wagner Act."
There being no objection, the article
was ordered to be printed in the RECORD
as follows:
GUIDELINES FOR ENFORCEMENT-BUSINESS
ALERTED CIVIL RIGHTS' IMPACT GREATER AND
BROADER THAN WAGNER ACT
The U.S. Justice Department served notice
it intended to increase enforcement of the
anti-discrimination section of the Civil
Rights Act.
Twenty-one Federal agencies handling
grants for Federal assistance were given de-
tailed guidelines from Attorney General
Nicholas deB. Katzenbach on how they were
to proceed under the Civil Rights Act, espe-
cially the antidiscrimination (title VI) sec-
tion.
This section requires withholding of Fed-
eral monetary assistance from any program
where discrimination is found.
The Attorney General disclosed he had
asked the U.S. Civil Service Commission to
develop and train officers and personnel in
Federal agencies charged with enforcement
of title VI.
WARNING TO BUSINESS
At the same time the Industrial Relations
News-the weekly newsletter in the person-
nel and industrial field-Called upon attor-
neys for business to realize that title VII
(equal employment opportunity section)
would have "a broader and deeper effect upon
business than did the Wagner Act if the
businessman would prevail competitively."
Quoting a prominent Washington, D.C.,
attorney, the IRN said: "What a corporation
needs today to remain competitive is a cor-
porate policy against discrimination backed
by aggressive procedures, and definite action.
Damage from an unjust accusation by a dis-
gruntled employee could be davastating to
a corporation image and sales before it
proves the charges baseless and unjust."
The U.S. News & World Report magazine
asked in a feature article if "enforcing civil
rights laws would be a prohibition-size job."
With 631 full-time workers to enforce all
the laws against racial discrimination, the
Federal Government would have to police:
258,000 employers of 31 million workers;
220,000 restaurants; 67,000 hotels and motels,
etc.; 27,000 public school districts; 27,000
public parks; 250,000 housing units and 190
Federal aid programs-to mention but a few
listed by U.S. News & World Report.
The eight-page Katzenbach directive in-
cluded requirements that the agencies hold
hearings to determine whether or not a
recipient of Federal aid is complying with
the antisegregation law. Also included is a
requirement that the agencies make continu-
ing, periodic checkups to make certain com-
pliance is continuing.
Katzenbach, who was given the task of
enforcing title VI after that duty was taken
from the Office of Economic Opportunity,
said :
"There should be no mistaking the clear
intent and effect of the guidelines. Title VI
must and will be enforced. Assistance will
be refused or terminated to noncomplying
recipients and applicants who are not amen-
able to other sanctions."
Katzenbach said also the guidelines are
not to be applied retroactively. Included in
the guidelines was a policy statement: "It is
clearly inconsistent with our national policy
of fair play and justice if any citizen is ex-
cluded on racial grounds from programs or
activities receiving financial aid from the
Federal Government."
The guidelines are designed to assure that
Negroes will receive, among other benefits,
adequate care in hospitals, equal access to
surplus foods, full participation in programs
for higher education, and equal employment
opportunities, he said.
DOUBLE LEGAL STAFF
To enforce the new civil rights laws the
Justice Department has more than doubled
its staff of lawyers and plans to add more
legal assistance. Enforcement of the Voting
Rights Act alone is expected to prove a major
undertaking for the Justice Department.
Some indication of the problems that may
arise came in an unusual suit filed by Alaska
in the U.S. district court.
The Voting Rights Act provides that a
State may use a voting test if the District
Court at Washington, D.C. finds that the
test is not used to disctiminate on racial
grounds. The Alaska Constitution provides
that any citizen who is 19 years of age or
older who can read or speak English and
has resided in the State at least 30 days can
be enrolled to vote.
Alaska Gov. William A. Egan and Senators
ERNEST GRUENING and E. L. BARTLETT said
this test never was used.
PUBLICATION OF ARTICLE BY
SENATOR SPARKMAN IN THE
VIRGINIA LAW WEEKLY
Mr. STENNIS. Mr. President, the law
school at the University of Virginia was
honored recently by having an article
written by the Senator from Alabama
[Mr. SPARKMAN] appear in the March 10,
1966, issue of the Virginia Law Weekly.
The article was on real property matters,
on which the senator from Alabama is
indeed an authority.
The history and development of the
standard rule of procedure for trying
condemnation of land cases, especially as
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CONGRESSIONAL RECORD - SENATE March 29, 1966
it relates to the right to trial by jury, is
discussed in this article. I have always
favored protecting the right to trial by
jury, and the Senate itself on two occa-
sions has passed proposed legislation in
line with the views expressed by the Sen-
ator from Alabama.
I ask unanimous consent that this ar-
ticle be printed at this point in the
RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
REAL PROPERTY IN THE URBAN SOCIETY-SEN-
ATOR DESCRIBES NEED FOR JUST COMPENiiA-
TION
(NOTE.-JOHN J. SPARKMAN has served since
1946 as U.S. Senator from Alabama. For 10
years prior to his election to the Senate he
served as a Member of the House of Repre-
sentatives. In 1952 he was the Democratic
nominee for Vice President.
(Senator SPARKMAN Is chairman of the
housing Subcommittee of the Banking and
Currency Committee and is also chairman
of the Select Committee on Small Business.
Be is ranking member on the Foreign Rela-
tions and Banking and Currency Committees.
(As a member of the Alabama bar, Senator
SPARKMAN was active in the practice of law
from 1925 .to 1936. He received his A.B..
A.M. and LL.B. degrees from the University
of Alabama where he was a member of Phi
Beta Kappa.)
(By JOHN J. SPARKMAN)
At the outset, I would like to take occa-
sion to commend the law school at the Uni-
versity of Virginia and the Virginia Law
Weekly for the very fine series of articles
which have been called to my attention on
the subject of real property and the problems
both legal and governmental related thereto
in the development of our society at the
local, State and national levels. It is a priv-
ilege to respond to an invitation to comment
on the basic subject of just compensation
and the related programs for relocation
aid which I consider in definite need of
unification.
It is paramount in my concept of housing,
urban renewal, open space, highway con-
:struction and all programs geared to aid
both the individual and local public bodies,
that the Congress as well as the courts should
keep in mind a proper balance between pri-
vate property rights as laid down in both
State and Federal Constitutions and the
exigencies of the times as motivated by an
unprecedented population growth and a
gross national product that would have stag-
gered the imagination of both law students
and
faculty alike at this great institution
of higher learning less than a generation
age. In fact, if the ghost of Thomas Jeffer-
son walks occasionally amongst the pleasant
and beautiful colonnades of the university
that he founded, he must believe that in
tact a better part cf his battle against every
form of tyranny over the mind of man must
have been won or else no nation founded on
freedom of the individual could have at-
tained such greatness.
't'here is another side of the picture, how-
ever, and that Is the lot of the individual
who is thrown out of his property by the
onrush of what might appear to be a tyran-
lcical government with no place to go and
with only an often too small sum of money
in his hands that will not go very far in the
modern world of high prices, to replace his
castle that he called his home. He is the
victim of the use of sovereign power as ex-
pressed, if need be, in eminent domain pro-
ceedings whether State or Federal-a power
necessary to the public interest, but a power
that should be used sparingly and with the
aid of compassionate legislation which lets
him know that his Government Is willing
to balance sovereignty with at least the spirit
of the Bill of Rights without which oar con-
stitutional form of government woaild not
have been brought into existence in 1789.
RIGHTS AD.rUSTED
We have made several departures from our
original guaranties in the Constitution as
regards individual and property rights, This
has been done by the developing hide of
legislation to care for the masses of the peo-
ple and to refurbish the economy. 11; has
been clone als- under the doctrine that the
Constitution is what the Supreme Court says
that it is. The Court in its own way has
adjusted the Constitution somewhat to the
temper aand mores of the people of "s gen-
eration or era.
As to the issue of just compensation, I
have been extremely interested in seeing a
landowner get full compensation under the
fifth amendment since as a. budding young
lawyer in Alabama I tried my first condemna-
tions case in Federal court. In tho,e days
prior to the Federal Rules of Civil Procedure,
Federal courts operated under the lcderal
Conformity Act, which meant th.ra they
would conform as nearly as practicable to
the law of the State. All but four States al-
lowed a trial by jury of the issue of just com-
pensation as a matter of right. Naturally
it followed that in Federal courts a jury trial
was available when demanded. This rule was
abolished when rule 71A(h) of the 1?'ederal
Rules of Civil Procedures went into effect.
I am an open and firm advocate of keep-
ing high. and inviolate the right to trial by
jury in criminal, civil and land condemnation
cases. The courts have made inroads on
these rights, perhaps in the practical inter-
est of clearing out overcrowded dockers. In
so doing they have narrowed the protecting
scope of constitutional guaranties in criminal
matters, mainly criminal contempt and In
the right; to jury trials in civil matter: under
the seventh amendment.
Court decisions holding ire effect that the
seventh amendment does not assure the
right to trial by jury in condemnation of
land cases paved the way for the arbitrary
action of the Supreme Court in abolishing
it as a right of promulgating rule a ; A(h) .
See United States v. Iriarte, 157 F. :':d 105
(1st Cir. 1946), which was predicated on the
common law clause of the seventh amend-
ment. See also Bauman. v. Ross, 167 U.S. 548
(1897).
When rule 71A went into effect on August
1, 1951, I had been in the Senate nearly 5
years. I remember distinctly the great alarm
hold by the late Senator Pat McCarron, of
Navada, then chairman of the Judiciary, Com-
mittee of the Senate, over the Supreme
Court in promulgating this rule asmaming
that its rulemaking authority extended to
substantive matters such as the right to trial
by jury. He felt, as I did and still di,, that
the Supreme Court should restrict itself to
the matters delegated to it by Cougres:: when
it was authorized to promulgate rules ~.f pro-
redure and not statutory rules of subs ::.intive
law. In other words, it could deal with the
method of selecting the jury but not wYlh the
right to jury trial !self. Here it had clearly
stopped aver the bounds
An unfortunate and delicate practical situ-
ation faced the Congress, however, because
the rule had to be rejected within Of clays
or it became law by silence. All of rule 71A
which was the whole condemnation pro-
cedure and a good one at that, had to be
rejected to get at the obnoxious part which
was subsection (h). This subsection ,ounds
innocuous in its statements that either party
may demand a jury trial. but it clearly gives
ta_e discretion to the trial judge as to whether
lie shall allow a jury trial, appoint comrais-
s,ioners or hear the issue of just compensa-
tion himself. In other words, he can do
what he pleases with a sacred and trad: clonal
right that is protected by the constitutions
or laws of practically every State In the
Nation.
This is a right also which deals with the
payment by the Government for the invasion
of a basic property right which must yield to
sovereignty. In this I have always felt that
just compensation should not be merely the
popular and honest sounding term "fair mar-
ket value," but that something else in the
nature of punitive damages should be
allowed. Yet in the great maze of court
decisions on this point I have not been able
to suggest a clear rule that would seem to
cure all of the inequities that might arise.
Senator McCarran in 1951 suggested to the
Senate that in lieu of rejecting all of rule
71A, it pass a separate resolution and later
a simple bill stating that if either party in a
condemnation of land case demanded a jury
trial of the issue of just compensation, it
would be granted as a matter of law. I sup-
ported this bill and I would support another
one in the future at any appropriate time.
The Senate on two occasions passed this bill
but unfortunately the House Judiciary Com-
mittee remained adamant and it did not be-
come law. I cannot but feel that if and
when this issue is laid squarely before the
House of Representatives and is debated,
then the right to trial by jury will prevail.
COSTLY APPOINTMENTS PREVAIL
Judges are only human and it is easy for
a normal tendency toward clearing dockets
by appointing commissioners to prevail.
Commissioners may or may not allow as
much compensation as juries. They cost
much in fees and unnecessarily large record:;
themselves, however, and the informality of
their proceedings is a far cry from a court
trial wherein a legal record according to the
rules of evidence may be made and on which
an intelligent appeal can be taken. More-
over, a report of a commission cannot be set
aside and an appeal taken thereon unless it
is clearly wrong-not just normally wrong.
(See rule 53 F.R.C.P.) I have heard in-
formally that judges here and there have
tended to strain or abuse the discretion given
them by rather consistently denying jury
trial demands anal appointing commissioners.
Congress might well at some appropriate
time look into this with a legislative purpose
in mind of restoring the right to trial b3 jury.
There has been a tendency in this direction.
in the field of criminal contempt and in civil
rights laws. Judges can discipline them-
selves through judicial conferences. Above
that, however, is the basic right of jury trial.
which the legislative branch should foster
and protect, the rulemaking authority of the
Supreme Court to the contrary notwith-
standing. This should be done together with
whatever added increments Congress chooses
to give to the landowner whose property is
taken or to the rental displacee whose busi-
ness is destroyed or who must relocate his
family in a home wherever one is available,
and indeed they are not always easily
available.
As a matter of fact, since the changes was
made in jury trial rights in 1951, Congress
has enacted several laws giving added hene-
fits to persons displaced by governmental
action. By "added" it is meant that they are
not a part of the court award or of the
negotiated contract that led to the displace-
ment of the landowner or the tenant. In
urban renewal, court action, of course, is
through State eminent domain proceedings.
This is a necessary and fair approach.
Added increments as balancing compensa-
tion are but categorical responses to gov-
ernment intrusion. In another but related
field, namely the right of privacy, the Su-
preme Court has used the following sugges-
tive language: "the need for a pervasive
right of privacy against government intru-
sion has been recognized though not always
given the recognition It deserves." Gibson v.
Florida Legislative Investigation Comm, 372
U.S. 539 (1963).
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March 29, 1966 CONGRESSIONAL RECORD - SENATE
expanded to cover business administration, "It's just a matter of living in a modern Indiana [Mr. HARTKE] made a suggestion
statistics, and economic development. world," Merritt said simply. of value which I should like to bring to
One result Merritt noted proudly, "We "Back in the 1800's, a person in Indiana the attention of Congress. The Senator
probably have more alumni in Thailand than didn't expect to go abroad; he didn't expect suggested that a special session of the
any other university in the world." to see someone from abroad; this country General Abe requested by the
Among many "contract" jobs over the Itself didn't have much to do with foreign United ener States Assembly l that other free world
years: training medical school teachers in countries.
West Pakistan; training clerks, typists, and "Nowadays you have to know what's hap- nations may shoulder with us the obli-
secretaries in Indonesia; training nurses in pening abroad. It's a proper part of student gation to stop Communist aggression.
Korea; audiovisual instruction for Africans. training." I ask unanimous consent to have this
Indiana University today is administering The university, Merritt said, has teaching, portion of his remarks printed in the
eight contracts: research, and service obligations "to the RECORD.
Starting an institute of education and State, the country and the world." There being no objection, the excerpts
research in West Pakistan. "Contracts abroad are part of our service
Training vocational-education teachers at obligations, not just to the State and the were ordered to be printed in the RECORD,
the University del Trabajo in Uruguay. world, but to the United States. The United as follows:
Teaching audiovisual techniques in States, for instance, has an interest in see- EXCERPTS or, ADDRESS BY SENATOR VANCE
Nigeria. Ing that Thailand remains free. And this HARTKE, OF INDIANA
Observing a Peace Corps project in Sierra is tied up with its economic development. A cloud hangs over our beloved country
Leone. Peace Corps men have trained at "Universities are the only places that can * * * as our manpower and our national re-
Indiana University. carry out some of the contracts sponsored sources are channeled into a war whose end-
Upgrading the economics department of by the AID. Many involve establishing or ing is not yet in sight.
Catholic University of Caracas, Venezuela. bettering educational systems abroad." Much as I regret that American youths are
Upgrading business methods of the Na- The university has benefited, Merritt in a body-to-body confrontation with Asians,
tional University of San Marcos, Peru. added, through a faculty that has become the fact remains that they are there.
Setting up an institute of business admin- much more knowledgeable and experienced. We are locked in a battle that we can and
istration at the University of Dacca, East Another boon is a larger faculty. Profes- will win. But I do not want this to become
Pakistan. sors on overseas contracts are paid by the a major war, a world war or a nuclear war
The continuing Thailand project. AID or the foundation. State money that in the process.
Indiana University's international-studies had been provided for their salaries is used If this world is plunged into the holocaust
program got a tremendous boost in 1961 from to hire replacements on the campus. of thermonuclear war, we here tonight need
a $2.8 million grant by the Ford Foundation. REPLACEMENTS RETAINED never again be concerned about another elec-
And this year, Ford threw in $3 million more. When the contract professors return in a tion * * * or anything else.
FOUR UNIVERSITIES JOIN couple of years, they are absorbed back onto By encouraging Senate debate and open
Ford in 1964 also made a $3.5 million grant the State payroll, while the replacements hearings, I helped to open a window to let
to the Midwest Universities Consortium for are retained, in some fresh air, by inviting public opinion
International Activities (MUCIA), composed Merritt said this practice is justified be- to sit at our policy table, by urging free
of Indiana University, Wisconsin, Michigan cause of normal growth of the university and open discussions within bounds of na-
State, and Illinois. and its departments. tional security, so that more Americans may
With this money, the four universities are Sometimes a topnotch man is hired away understand what led us into our present
joining in various projects, in Nigeria, Peru, from another university specifically to take entaglements.
Thailand, Okinawa, and other countries, and on an overseas contract. When that's A survey of American thought recently
are "sweetening" related research by their finished, he returns to Indiana University. conducted by Stanford University in cc-
own graduate students. Earlier this month, the Indiana Univer- operation with the National Opinion Re-
Indiana University also has joined six sity international program drew high praise search Center of the University of Chicago
other universities in another consortium to in a 300-page report by Education and World says:
help develop sciences at Mindanao State Uni- Affairs, a private, nonprofit organization that "In common with other political palls, this
versity in the Philippines. This, too, is Ford studied Indiana University, Cornell, Michi- study shows that President Johnson has the
financed. gan State, Stanford, Tulane, and Wisconsin. support of the majority of the American
In 1959, Indiana University opened a study The report said there's no ready explana- people. Sixty-one percent of the respond-
center for Indiana University students at the tion "why this small frontier college should ents on this survey approved of the way in
University of San Marcos in Lima, Peru. grow into a university with a worldwide which the President is handling the Vietnam
Last September, along with Purdue Uni- reputation and strong international com- situation. Unlike other studies, our more
versity, it opened similar centers at univer- mitments." complete investigation also shows wide-
sities in Hamburg, Germany; Madrid, Spain, But it suggested that it "is attributable spread support for moderate deescalation of
and Strasbourg, France. By itself it opened to the interplay of three elements: the conflict, and a reluctance to pay the in-
another at the university in Bologna, Italy. "The individual enthusiasm on the part creased economic and manpower costs which
About 30 students each are enrolled at of faculty members; the backing of the a substantial escalation would involve.
Lima, Hamburg, Madrid and Strasbourg and administration, especially the international- Americans are Opposed to the extreme solu-
nine at Bologna. izing influence of Chancellor Wells, and the tions of either a massive escalation or a
Ever student is proficient in the language resulting climate on the campus which sudden withdrawal leading to a Communist
y helped stimulate more and more interna- takeover in Vietnam."
of . literature co major s, but Most are Indiana language University i r and s tional involvement." That is what VANCE HARTKE has been
l Whatever the reasons, Merritt obviously saying.
in maj trying to e Indiana eastudents si c other Purdue e enjoyed telling about a recent trip he took Believe me, VANCE . HARTKE has not
fields. e r oversees each e to through Africa with some fellow MUCIA changed.
faculty y l member the internationally- representatives. More than ever, I am for the principles
By last at May, the internat- grown n PNo matter where we go, programs for which we fought and won
so rapidly at Indiana University had , way out of In- the In- in 1964. I do not want to see us lose the
ta profusion that the bush, always run into a graduate great gains in social legislation achieved by
board u In such
bof of trustees established sian ed an Interna- diana ana University," Merritt quoted one Congress, the principles for which our party
tional Affairs Center to coordinate them all. his companions as saying. stands.
TRAINING FOR FACULTY U0 Our deep involvement in Asia, however, is
The center, directed by Robert F. Byrnes, eroding, one by one, programs for which we
not only rides herd on the campus programs, SENATOR HARTKE CALLS FOR UN worked so long, the school milk fund, na-
the overseas contracts, the foreign college GENERAL ASSEMBLY TO MEET ON tional defense education loans and scholar-
study centers, and folklore, international VIETNAM ships, to aid federally impacted school
business and international development re- districts which may mean higher property
search programs. Mr. METCALF. Mr. President, much taxes in nearly 100 Indiana school districts,
It also has charge of student and faculty' has been said, and needs to be said, con- rural electrification, on and on it goes.
exchanges with other schools, the summer cerning the American position in south- Then there are the excise taxes.
honors program for high school students who east Asia, and particularly in Vietnam. After 20 years-with full sanction of the
are sent to Mexico, France and Germany, and The singular fact remains that we are administration-we finally removed most of
a "nonwestern studies project" which pro- pursuing a unilateral course to all in- this national sales tax, for the betterment of
vides training for faculty members from 34 tents, without benefit of real or prom- business, for the betterment of jobs, for the
Indiana colleges. And there are other betterment of our national economy which
programs. ised troop support in the field by the has shown a steady upturn since we turned
Why this great reaching out by a land- majority of our free world allies. On out the Republicans in 1960 and elected the
locked State university in a State that has Saturday, March 26, in Indianapolis, great and beloved John F. Kennedy.
long been viewed-rightly or wrongly-as Ind., during the course of a speech that Then we laid the enduring foundations of
insular and isolationist? covered many topics, the Senator from the Great Society with another great Presi-
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( l=%, CONGRESSIONAL RF.CORI) - SENATE March 2 ), L)66
dent, whom history will record as one of the
gr'~atest, a man whom we support and for
w'iom we pray. Lyndon B. Johnson,
Among my proudest moments are the op-
portunities I have had of working with Presi-
dents Kennedy and Johnson, to make medi-
care a reality, to begin to erase poverty an.d
Cho causes of poverty and ignorance In our
rich Nation, to guarantee of voting rights for
all, in higher education as an investment in
.un"ilea's future, for clean air and pure
water, for interstate highways, and to cut
taxes.
Now I offer our Nation, and you, it possible
solution to the worldwide soul searching of
our course in southeast Asia. I hope that
in the near future Ambassador to the United
Nations Arthur J. Goldberg will ask for a
special session of the General Assembly
(where there Is no veto) so the entire free
world may shoulder with us the obligation to
atop Communist aggression.
IS WAR ON POVERTY BECOMING
WAR ON BUSINESS?
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent; to
insert in the RECORD at this point an
article which appeared in the March is-
see of Nation's Business, entitled "Is
War on Poverty Becoming War on Busi-
ness?" by Paul Hencke, associate editor
of the publication.
'T'here being; no objection, the article
was ordered to be printed in tile RECORD
as follows:
l8 WAR ON PCcvaRTY BECOMING WAR ON
i s: 1,,Sl NE S^u
fn some American cities the war on pov-
erty seems dangerously close to becoming a
war on business.
d7.uociider these recent examples of this new
and militant trend:
tie the front window of a "consumer edu-
cation" office on it boulevard near the Capitol
fn Washington, tax paid poverty fighters
have plastered a handbill depicting the
profit-bloated, horned caricature of a busi-
ne:;s leader in the act of snatching bread
from the outstretched fingers of children.
lit a similar center run by antipoverty
workers at another Washington address, an
ex-labor Lobbyist-whose salary also comes
largely out of tax funds-proudly shows off
an exhibit of well-known foods, soaps, and
cosmetic products. She uses the items to
warn low-income shoppers against what she
calls "the deceptive packaging practices" of
Iii ((Oft Iin ns.
In laltimore, poverty workers on the pub-
lic payroll accompany housewives on shop-
ping field trips, urging them to buy at large
chainstores and pass up the small neighbor-
kiood. markets they have traditionally patron-
ized.
In San Francisco, the director of a pilot
project in consumer action freely concedes
that "consumer advisers" in his federally
subsidized, $256,000 program get many of the
buying hints they pass along to shoppers
from cooperatives, the columns of the labor
press and from tine pages of product-rating
consumer magazines.
flack in Washington, it high-spirited band
of social workers, civil rights activists and
others on the poverty program payroll turned
out on a workday recently to help the Stu-
,lent Nonviolent Coordinating Committee
(SNCCI stage of citywide boycott of the D.C.
Transit Co. in protest against a proposed 5-
cent fare increase.. The boycott snarled tra.f-
tic and cost the privately owned bus faclhty
a.n. estimated 150,000 fares.
Mach of these incidents suggests that the
escalating consumer education phase of the
(government's war on poverty Is being fought
with some questionable weapons and on
;'rents a good deal larger than those Co. igress
load in mind when it passed the Eca .omic
Opportunity Act of 1964
Businessmen are well aware of the ,light
of the poor; with other Americans, tip 'r ap-
plaud the accomplishments of those w'to are
struggling to eliminate poverty. At th, same
time, businessmen can hardly ace- pt ur ques-
t.ioning'y some of the things that are oc-
curring under the guise of a war on pi,verty.
The 19(14 Antipoverty Act, f,3r example, did
not give poverty fighters the right or mission
t.) subject businessmen to vitriolic -lblic
ridicule. And yet this Is hanpening.
The act did not em,cowcr poverty:- pro-
gram operatives to propag tte their own
judgments as to what constitutes "deco')tive"
packaging. Yet this is happening-an ;. at a
time when Congress itself is still undecided
about enacting so-called truth-in-pacl',iging
legislation.
The act did not authorize parsons whose
salaries come from Federal funds to lirect
customers into or away from specific places
Of business. Yet this is happening.
Nor did. the act call for massive mot ili'.za-
Lion of toe poor for purposes such as boy-
cotts, or buyers' strikes. Yet this is h:ppen-
tng. The potential consequences of this de-
velopnrc:nt alone, when considered in. the
light of the racial tension in some citir:c. are
sobering cause to question the course a. Gov-
ernment-:initiated program can take, once
begun.
It should be stressed that an antibu,,iuaess
Posture i; not the conscious intent of re-
sponsible antipoverty cv:erriors. Front the
press-wary front office at the Office of Eco-
nomic Opportunity in Washington, down. to
the most naive neighborhood antipoverty
worker, the expressed goal is the same': To
show the indigent and uninformed hog they
can stretch their buying dollar, and to help
them avoid the few merchants who exploit
the poor through high-pressure sale' tnan-
siiip, high-interest installment buying, trick
contracts, or other devices.
It is in the execution of this Objective ghat
the program has jumped the tracks.
A poverty war adviser working in a con-
surier information center will step beyond
simply giving poor people advice on hc'w to
draw up a family budget and tell th"-rn to
avoid buying one brand because it costs more
than another. Or the shopper will be urged
to patronize chains, on the theory that the
chains buy in large volume and are likely to
charge less than a low-volume, independent
retailer. This leads to naming challis and
naming the smaller stores.
If a shopper is unable to read, or is slow
witted, the poverty program employee may
g:> along to pick out items for her. In one
instance, a young woman assigned as a. con-
sumer aid in Washington escorted an em-
ployed, middle-aged mari into an appliance
store. Once there, she talked him Obit of
buying one kind of TV set he had do- Ided
on, and into buying another, lower t?riced
model. This young woman told Nation's
Business that whenever shoppers ask her
advice on buying washing machines, si,e al-
ways tells them: "Whatever you do, don't
get a ----. I leave one of these rnysel. and
it's lousy."
Large-scale federally supported cone,uner
education programs now are operating in six
cities-Washington, Baltimore, St. I or;us,
San Francisco. Los Angel:'s, and Providence,
R.I.-and OEO officials say consumer-related
services are available on a smaller sc:,te in
upward of 75 other communities where they
are currently spending $24 million. Federal
poverty officials admit that they don't now
the exact number.
In some of the larger consumer cce.ters,
a help-seeker can get anything from Lints
on how to use Federal food stamps to advice
on planned parenthood (together with free
contraceptive supplies). Legal aid, credit
unions, and other related services are fre-
quently tied in, and one consumer off cc in
Washington even sports a coffeehouse next
door. There the poor of the area ass:'mble
on weekends to hear poetry readings, a jazz
combo, and lectures on handwriting ant lysis.
Edna Johnson, director of Baltimore',- con-
sumer protection program, an activity sub-
contracted by the OEO through the i'i ;ran
League, says the poor sometimes are inure
to blame than unscrupulous merch:u:I:, for
the buying fixes they get themselves it (.n.
"Sonic of these people are trying t; get
something for nothing," she asserts. They
plunge into big debt apparently thanking
they can get out of paying it. They know
what they are doing, but they do it an.,. way.
Why, I had a man call up the other days and
ask me what he should do about $45 worth of
parking and traffic violation tickets he had
accumulal,ed.
But Mrs. Johnson has equally critical
words for merchants who prey on the gullible
poor. She cites a recent case handled by
her office in which an 80-year-old Negro man
purchased what he thought was a $40 mat-
tress, only to discover later that he had
signed ark order for a $270 orthopedic node!.
In some city neighborhoods, consumer ad-
visers have set virtually no limits on the
scope of their activities for and with the
needy.
Washington is a conspicious example of
this open-ended operation. Poverty pro,Iram
personnel working under the United Plan-
ning Organization, the city's local agency for
the Federal program, canvass entire alum
neighborhoods. They acquaint residents
with the new services available to them and
urge the poor to form their own unit.; for
concerted action against store owners and
landlords against whom they may have a
grievance, whether over store conditions,
credit policies, inventories, rents, or wh'i tint.
IIOW TO RUN A BOYCOTT
The boycott of the D.C. Transit Co. dis-
closes just how potent such organizing ef-
forts can be.
While the boycott was sponsored by SNCC,
publicly paid antipoverty workers through-
out the Capital left their regular duties to
join in. They participated in the preboycott
planning, posted and distributed leaflets an-
nouncing the boycott (and bitterly attack-
ing D.C. Transit Owner O. Roy Chalk) and
drove special "freedom cars" that carried
hundreds of both low- and middle-income
Negro and white residents to and from their
jobs during the protest.
Various rider-strike command posts were
set up around the city for the boycott. Tax-
salaried antipoverty workers, as welt; as SNCC
representatives and unpaid volunteers, plan-
ned their strategy in military fashion on
large maps of Washington which had been
hung, war-room style, on office walls.
At one point before drivers scrambled for
their cars, an otherwise soft-spoken social
worker who heads up UPO activities in south-
cast Washington raised his voice to issue this
order: "Don't forget, stop wherever you see
people waiting for a bus and tell them, `Don't
ride D.C. Transit!' "
The man who issued the strident com-
mand-like most of those who were listening
to him-is paid, at least in part, from UF'O's
Federal input of $4.7 million.
On the morning of the boycott, t:r,ffic
moved at it slow pace through streets and
intersections patrolled by specially assigned
police. Arteries leading into Washington
over its Anacostia River bridges were thick
with automobiles and almost empty bt sea.
Some buses and trucks owned by chum lies
and other groups were pressed Into emerg-
ency service. Many workers were late in
reaching their jobs and others stayed home.
By the time the day was over, SNCC pro-
nounced the boycott a "90-percent success,"
and began at once to lay plans for similar
demonstrations.
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