CONGRESSIONAL RECORD--SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP69B00369R000200020084-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: April 7, 2004
• Sequence Number: 84
• Publication Date: March 14, 1967
• Content Type: OPEN

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March 14, 1967 CONGRESSIONAL RECORD ? SENATE
Committee on the Judiciary, I wish to
announce a change in the hearings on the
Federal jury selection process.
The hearings on March 21, originally
scheduled for 9:30 a.m., in room 4200
of the New Senate Office Building, will
be changed to 2 p.m. of that same day
in room 6226 of the New Senate Office
Building. The hearings on March 22
and 29 will still be held as scheduled, at
9:30 a.m., in room 4200 of the New Sen-
ate Office Building.
NOTICE OF HEARING ON RIGHT OF
PRIVACY ACT OF 1967
Mr. LONG of Missouri. Mr. President,
on Monday, March 20, the Senate Sub-
committee on Administrative Practice
and Procedure, of which I am chairman,
will begin hearings on S. 928, the Right
of Privacy Act of 1967. There are many
complex and detailed problems involved
In considering legislation which would
grant to every American citizen their
right of privacy. Wiretapping and elec-
tronic eavesdropping, more often re-
ferred to as "bugging,': is especially com-
plex. Opinions in this area range from
all-out bans on snooping to complete
permissiveness by Federal, State, and
local police.
Recently, Judge J. Edward Lumbard,
chief judge of the U.S. Court of Appeals
for the Second Circuit appeared be-
fore Senator MCCLELLAN'S Subcommit-
tee on Criminal Laws and Procedures.
The New York Times of Sunday, March
12, reprinted excerpts from this testi-
mony. We intend to hear all sides of
the issue; in fact, I have today invited
Judge Lumbard to testify before my sub-
committee, and give us the benefit of his
educated views.
Mr. President, I ask unanimous con-
sent to insert, at this point in the RECORD,
the excerpts from the New York Times.
There being no objection, the excerpts
were ordered to be printed in the RECORD,
as follows:
ANOTHER OPINION?IN DEFENSE OF
WIRETAPPING
The following are excerpts from the testi-
mony last week of J. Edward Lombard,
Chief Judge of the U.S. Court of Appeals for
the Second Circuit, before a Senate subcom-
mittee considering wiretap legislation:
"Any proposals for expanding and clari-
fying the powers of law enforcement agen-
cies must be considered in light of the fact
that it has become more and more difficult
for these agencies to secure sufficient evi-
dence of crime to justify arrest, prosecution
and conviction.
"First, decisions? of the Supreme Court
now require law enforcement agents to warn
suspects who are in custody of their rights
in such a way that those who otherwise
would voluntarily speak are now virtually
encouraged not to do so. Moreover, the
requirement that, before any questioning,
counsel must be available, if desired, and
that counsel be furnished if the suspect
cannot get counsel himself, prevents or post-
pones questioning at the very time that it
would be most fruitful. Thus in many cases
the most ready, the most authentic and the
most natural, means a getting information
by the voluntary statement of the person
best able to tell, is no longer available.
"Second, court decisions have made it im-
possible to secure testimony before grand
juries and Government bodies where there
Is any claim of Fifth Amendment privilege,
however far-fetched it might be.
"Third, revolutionary developments in the
speed and means of travel and communica-
tion have enabled organized crime to operate
countrywide, secretly through agents who
may be far removed, and in such ways that
detection is not only difficult but almost im-
possible in view of present restrictions. At
the same time it is now unlawful for law
enforcement agencies to tap telephone wires
and divulge what is thus obtained and the
use of any electronic devices is being ques-
tioned.
"There is a fourth obstacle: the increasing
reluctance of victims to come forward to
complain and to testify. As law enforce-
ment difficulties increase and the likelihood
of successful prosecutions decreases, those
Who suffer from organized crime become
more fearful of the consequences of speak-
ing....
"In the light of today's crisis in law en-
forcement, the old arguments against wire-
tapping are no longer weighty.
"We cannot have effective law enforcement
without running the risks of some invasion
of privacy; no good citizen who places any
value on living in an orderly and peaceful
society where crime is under reasonable con-
trol should object to those occasional an-
noyances which sometimes are the by-prod-
uct of a suitable police action.
"WIRETAPPING NECESSARY
"If wiretapping by law enforcement agents
is legalized because, as I believe, it is neces-
sary, it will not be "dirty business." Those
who oppose wiretapping have always relied
heavily on the eloquent dissent of Justice
Holmes in Olmstead V. United States, 277
U.S. 438, where the majority permitted the
Government to use wiretap evidence to con-
vict bootleggers despite the fact that the
wiretapping was itself a crime in violation
of laws of the State of Washington. Of
course there was no federal law on the sub-
ject at the time.
"Justice Holmes called it 'dirty business'
because the evidence was 'obtained and only
obtainable by a criminal act,' i.e. a violation
of state law, and he held that courts should
exclude evidence obtained by a crime com-
mitted by the officers of the law.
"It seems clear that had there been a
Federal law which permitted wiretapping,
upon findings of the public necessity for
such legislation, as S. 675 proposes, Justice
Holmes would not have said what he did
about wiretapping, even in 1928; it would not
have been 'dirty business' had the law au-
thorized it.
"It was Justice Holmes who wrote in 1880,
'The life of the law is not logic but ex-
perience.' The bootleggers whose convictions
were affirmed in the Olmstead, case in 1928
were public benefactors compared to the
professional criminals of 1967.
"There is no dirtier business today than
the business of organized crime; it rules by
violence and terror; it victimizes the public
and corrupts public officials. Every possible
resource of Government should be used to
expose and destroy it.
"COMMISSION'S RECOMMENDATIONS
"The report of the President's Commission
ends its discussion of electronic surveillance
by pointing out that the 'present status of
the law with respect to wiretapping and bug-
ging is intolerable' and that the present
controversy must be resolved. A majority of
the Commission favors legislation 'granting
carefully circumscribed authority for elec-
tronic surveillance to law enforcement
officers.'
"We should never forget the price we must
pay if the enemies of society are permitted
to operate without fear of detection. The
Commission appointed to investigate the
facts relating to Pearl Harbor, of which Mr.
Justice Roberts was chairman, noted in its
S 3691
report, filed in January 1942, that the re-
strictions then in effect prevented resort to
'certain methods of obtaining the content
of messages transmitted by telephone or
radio-telegraph over the commercial lines
operating between Oahu and Japan' and
that the contents of the messages sent just
prior to Dec. 7, 1941, might have furnished
valuable information.
"It concluded that among the causes which
contributed to the success of the Japanese
attack were 'restrictions which prevented
effective counter-espionage.'
"Today there are too many enemies within
the country in the ranks of organized crime
who can operate almost at will because we
have denied to law enforcement the neces-
sary means of detection.
"The Congress should legalize the use of
evidence secured by electronic surveillance,
under such safeguards as [this bill] pro-
poses, as a necessary measure in the war
against orga ed crim ."
NOTICE OF HEARINGS ON AID TO
LATIN AMERICA
Mr. FULBRIGHT. Mr. President, as
chairman of the Committee on Foreign
Relations, I announce today that the
committee has scheduled a public hear-
ing to receive testimony from Secretary
Rusk on Senate Joint Resolution 53,
which relates to President Johnson's
message recommending that Congress
approve a commitment to increase our
aid to Latin America by up to $1.5 bil-
lion over the next 5 years. The hearing
will be held at 10 a.m. on Friday, March
17, in room 4221, in the New Senate Of-
fice Building.
In addition, Chairman POLBRICHT an-
nounced that on Tuesday, March 21, the
committee will hear several executive
branch and public witnesses on S. 1030,
a bill dealing with the U.S. informational
media guaranty program. This hearing
will also be held in room 4221, in the
New Senate Office Building, beginning at
10 a.m.
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC., PRINTED IN THE
APPENDIX
On request, and by unanimous con-
sent, addresses, editorials, articles, etc.,
were ordered to be printed in the Ap-
pendix, as follows:
By Mr. METCALF:
Letter containing impressions of Job Corps
program, written by Robert A. Bailey to
Donn Peden, editor, and published in the
Meagher County News, White Sulphur
Springs, Mont., on October 6, 1966.
AIR POLLUTION IN WASHINGTON
AND THE HOPFENMAIER ODORS
Mr. SYMINGTON. Mr. President,
those who over the years have opposed
home rule for the District of Columbia
apparently do so with the premise that
the present setup is better for the people
of this city.
Maybe so.
The other day the press carried a story
that Washington currently has the dubi-
ous honor of running fourth in polluted
air among all American cities.
Those of us who live in or around
Georgetown have firsthand knowledge of
this disgraceful condition in our Nation's
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CONGRESSIONAL RECORD ? SENATE
Coital, because for many years, without
si, Ccess, we have tried to have something
ane about the almost unbelievable
st lens which come from the Hopfenmaier
Rsndering Co., at 3300 It Street NW., any
Ow or night the wind blows the odor over
Q ctorgetotvn.
1 The Hopfenmaier people cook old
hi mes, bone scraps, grease, anything to
Otain the desired residual and a profit;
tOrthe point where the smell is so unbear-
a3le that some people have left the
neighborhood and others have been "ren-
dered" ill,
1 The smell is so bad that the plant next
th the Hopfenmaier plant has a sign on
ii ; "The objectionable odors you may
rlotice in this area do not originate in this
lant."
; We have protested this condition for
31ears. All we get are words, never any
a etion.
1 As example, in 1964 we received a
tlemorandum from District of Columbia
/ 4reetor of Public Health, Murray Grant,
111tten to the District Commissioners,
vihich says in part:
The Hopfenmaier Rendering plant has
1 een a source of objectionable odors in its
titesent Georgetown location for eighty years,
0 id has engendered mounting community
(Dmplaints during the past twenty years.
?4 The memorandum also states:
1'
, The Department of Public Health is evalu-
liting the present contribution by the plant
14 objectionable odors in the Georgetown
1 ea in the light of recent improvements.
1 sing the evaluation as a guide, the plant will
Lc
?> required to take all further steps that are
hnically and economically feasible to min-
i ze odors from its processing. -
This statement meant exactly nothing,
*cause last week this air pollution, as
ressed by this disgusting odor, was
orse than ever.
tinder the normal local self-govern-
lent of any city, how long do the Mem-
oers of the Senate believe this condition
Would be allowed to continue?
1 I shall have more to say about this un-
warranted condition. In the meantime,
II ask unanimous consent that the memo-
randum in question, dated July 21, 1964,
. Written by Dr. Murray Grant, Director
, of Public Health, be inserted at this point
kn the RECORD.
, There being no objection, the letter was
,Ordered to be printed in the RECORD, as
follows:
GOVERNMENT OF THE DISTRICT OF
COLUMBIA, DEPARTMENT OF PUB-
LIC HEALTH,
Washington D.C., July 21, 1964.
'Memorandum to: The Commissioners, Dis-
trict of Columbia.
; Through: Commissioner John B. Duncan.
1
prom: Murray Grant, MD., D.P.H., Direc-
tor of Public Health.
ubject: Hopfenmaier Rendering Com-
pany, 3300 K Street NW.
time drawing off tallow, used in the soap
week back in
industry, and solid residual matter, used as itwasra
ipos
a high protein additive to animal feeds, area to keep
As is well known the rendering of fats
tO &MS. g0 i
produces strong objectionable odors particu-
larly when the material being processed is '
putrid. Throughout the country much ef- Mr. BYR
'fort has been made during the past few memorandu
years to reduce the odors from sun it read on the
processes. These efforts hate met with vary- feasible steps
ing degrees of success, never, however, to
rate the con
the complete satisfaction of neighbors
downwind from such plants during adverse
atmospheric conditions.
The Hopfenmaier Rendering plant has been
a source of objectionable Odors in its pres-
ent Georgetown location for eighty years
and has engendered mounting community
complaints during the past twenty years.
Twelve months ago the company agreed to
make substantial changes to its plant facili-
ties providing for the mechanization of han-
dling facilities for both raw materials (fat,
bone and grease) as well at finished product
(tallow and solid residual matter). It also
agreed to make improvements, if found nec-
essary, to existing odor removal equipment
for cooking vapors consisting of water cooled
condensers to remove condensible odors and
a combustion process fen' the removal of non-
oondensible odors.
To date the plant has expended $125,000
on a $150,000 program to provide enclosed
conveyors, holding tanks, drum washing fa-
cilities and other associated improvements
all directed toward a more efficient handling
of materials leading to a reduction of in-
plant odors and at the same time reducing
cooking odors which are aggravated when
the raw material is allowed to age and
putrefy.
At the present time, the Department of
Public Health is evaluating the present con-
tribution by the plant of objectionable odors
in the Georegtown area in the light of recent
improvements. Using the evaluation as a
guide, the plant will be required to take all
further steps that are technically and eCo-
nomically feasible to minimize odors from
its processing.
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent that
the distinguished Senator from Missouri
be granted 3 additional minutes.
The ACTING PRESIDENT pro tein-
pore. Without objection, it is so or-
dered.
Mr. BYRD of West Virginia. Mr.
President, will the Senator yield?
Mr. SYMINGTON. I am happy to
yield to the distinguished Senator from
West Virginia.
Mr. BYRD of West 'Virginia. Will the
Senator from Missouri state to the Sen.
ate whether or not he has upon any
previous occasion protested to the presi-
dent of the Board of Qommissioners?
Mr. SYMINGTON. I have so Pre-
tested. And may I say to the able
Senator from West Virginia that the
memorandum which I just placed in
the RECORD was sent to me by Mr. Tob-
riper, the Chairman of the Washing-
ton, D.C., Board of Commissioners.
Mr. BYRD of West Vh-ginia. Wha,t
1 The subject company processes fat and is the date of the memorandum?
bone scraps from supermarkets in the metro-
politan Washington area extending out over Mr. SYMINGTON. The date of the
a radius of 50 to '75 miles. It also processes memorandum is July 21, 1964.
grease from restaurants in the same area. Mr. BYRD of West Virginia. This
The company operates six days per week memorandum was dated over 21,/2 year;
around the clock from 0:00 a.m. Monday ago.
, Morning until 11:00 p.m. Saturday evening Mr. SYMINGTON. The Senator it
arid estimates that it handles approximately correct.
, iz000 pounds of product per day. On oc-
basion it operates on Sunday as necessitated The reason why the head of the
: by production demands. Washington, D.C., Commissioners Sem
; The process consists of cooking fat, bone the memorandum to me was that on The Judickry iilibcOn
, teraps and grease and at the appropriate some unfortunate days and nights of the McClellan, card rho
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Manh 14, 1967
964?in *Al, as I recall?
ible for the citizens of this
the r whitlows open. They
oors and close their win-
of West Virginia. The
s Ates, a$ I recall hearing
Senate or today, that all
wolOd be-taken to amellb-
Igi my understand-
ing correct?
Mr. SYM G17014. The Senator is
correct.
Mr.
mr. BYR a West. Virginia. What
steps, if any hate bee 2 tam, so far?a-s
the Senator
Mr. SYM
steps. No
been taken,
were as bad
Mr. B
President, I
Missouri th
matter. Th
spoken to m
is my intent
District of
for the fisc
Friday. Th
on Friday
tion to ask t
matter, to
been taken
taken, to i
and will be
I thank t
matter to t
Mr. S
ate the pos
leader in t
the Subco
Columbia o
Priations h
fluence an
this proble
citizer s tha
the comme
of the Sen
Mr. BYR
the Senator
CR
Mr. TA
very perce
today in th
"Crime an
editorial to
Mr. Pres
sent that t
this point
There be
was ordere
as follows:
[From the
Citizens
can thank
for taking t
Court decisi
ment, an is
touted ant -crime cruade has pointedly
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is
ffec ire -17PeL -Ps crirldQt:hanV0e
e: , cs ca 01 :t 1 ilywir livejt . z _f . tW,4e:e4., ,e,E,,tiet,niilisgesi:::eroni.h has _ lige ex+1,:t6r ,fr-oInIt
on the '
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ul I So to i rr 1 g
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on ip-orrei f'",I about it. bill
?
te jeuctiii nert rei eo tits : ti c illkno t4. ii x, ,cdr tv.,e_mtethheiiesi
arid 4 if-ul te
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ken, . 'hat stelps ca
e $ritttCli E'er bringing-
e Opnr-i ,s.0 w Is my-ffiteti_ -
etelpiy :pripartee-.ci_
12s have
_ n
is r6atter: As - n,.,z ZliAlciity -
mit me_ 04 th chairman of '
eollIcl have- e 'Dr' APPro-
saY! 171e 8r-411nia.- Mr ,
Seliator :rome;// this
th 0-001-on-itt: 1:404ct of
much
ltL, - r _
co u rylrig to correct
for ? literally- bind..r.OS Of our
hthe n140(ernilainto zater:111T
r on thefloor?
te tis
r
ts o
of West- Vi ? '
rglnla. I thank
UsTD 1D2OL007
AZGE. JAR. President, a
tive! ---1.4&fia1is- miblialied
VcralIttilef-JOhiriarefititTed
corrunend-the
the litten1lori-of-Se114--6kg,
den 1-Q4i ThrialtitiChia Nin-
e editOria( may be printed at
th ink-Mag. ? -
ng Tit) Obl?ction, the editorial
to x priaed in the RECORD,
_
all street ,leurnal. Mar. 14, 19671
-
RIM ANO:JDEOLOGY
orritcl abitut _morinting_ crime
Senate JUliclary subcommittee -
stirriDny liowreoadt supreme
HA have hint-pared law enforce-
us ihich the Administration's
avoided.
The prac
several co
nous. The
leeway eve
go free.
analysis of
reflect wo
about its
icEd effect t of these decisions,
entatorslEa- ae -6164f; -a-Ya
criminal So much
a sitif-=0"6itehir"4.-Efer?ean.'"
yonclllhatl We're ohtiVirieed.; an
the -' the decisionsd
004?deal
HIS thlare
tee tinicter -Senator"
lphia D6tr1cT-At;?_-