MIDDLE EAST CRISIS

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CIA-RDP69B00369R000200300007-4
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June 20, 1967
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Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 June 20, 1967 CONGRESSIONAL RECORD -APPENDIX Plant Manager, J. F. Queeny Plant, Monsanto Company, 1700 South Second Street, St. Louis, Missouri, The U.S. Delegation in Geneva is now putting into final form the results of our agreements on the thousands of tariff classi- fications which were subject to negotiation In the Kennedy Round, Drafting the sched- ule of concessions to be granted by the United States is underway. Schedules of concessions granted by other countries are being checked as soon as they are received. These schedules will have to be approved by all participating countries before the U.S. can release details of the Kennedy Round agreement. According to present expecta- tions, it will not be possible to release de- tails of the agreement before June 30, Even then, more time may be needed to assemble data for public release since the legal docu- ments for signature by governments are not too informative as to the significance of the agreement. Though the Executive Branch is not able now to release details of the agreement, it is possible to provide some comment that may be useful in replying to Mr. Munie's inquiry and In considering the issues in- volved. In doing so it is necessary to place the issues on chemicals in perspective so that the significance of the Kennedy Round agreement can be fairly assessed. U.S. domestic shipments of all chemicals were valued at $33.6 billion in 1964, the statistical base year for the Kennedy Round negotiations. U.S. exports totalled $2.4 bil- lion while imports amounted to $710 million. (Of the latter amount, 52 percent entered duty-free.) Our exports were therefore more than three times the value of imports. Im- ports amounted to slightly more than 2 per- cent of domestic sales. In the part of the industry making benze- noid chemicals, which is the area subject to the American Selling Price (ASP) system of valuation, domestic shipments were valued at $3.4 billion, exports at $285 million and imports at $53 million. Thus, as a percentage of all chemicals, the benzenoid area accounts for about 10 percent of domestic production, 12 percent of exports and 7 percent of im- ports. However, imports of benzenoid chem- icals amounted to only 1.5 percent of do- mestic sales of benzenolds. Further, since only $25 million of the $53 million of im- ports were classified as "competitive" by the Bureau of Customs, and therefore sub- ject to ASP, the ratio might be considered lower than one percent. The remainder, or $28 million of benzenoid imports, were en- tered chiefly by 13 U.S. subsidiaries of for- sign manufacturers. Since these were clas- sified as "non-competitive" because there was no similar domestic production, they were not subject to ASP. As you may know, the ASP system was adopted in the Tariff Act of 1922 to assist what was then an infant chemical industry. This system, which is highly restrictive to imports, has come under extremely harsh criticism of our trading partners abroad in recent years in light of our heavy export surplus in chemicals, particularly in the benzenoid area. Rightly or wrongly, our trading partners made the ASP system a central issue in the Kennedy Round, and it became clear several years ago that if the U.S. was to obtain tariff concessions for our chemical and other industries, it would have to do something about the ASP system. With that background the Tariff Commission in. December 1965 instituted an investigation of the ASP system at the request of the President's Special Representative for Trade Negotiations. In late July 1966 the Com- mission filed its report (Tariff Commission Publication No. 181--July 1966). After much study and consideration by the agencies con- cerned in the Executive Branch, a request was made to the President seeking his au- thority to enter into negotiations for Olin- mating ASP. After obtaining the President's authorization the U.S. entered into inten- sive negotiations with the European Eco- nomic Community, the United Kingdom and Switzerland, the countries most concerned about ASP, with the clear understanding that any agreement entered into would provide a quid pro quo and be subject to legislation by Congress insofar as elimination of ASP was concerned. The negotiation was extremely difficult in that other nations did not want to enter into an agreement which would be subject to approval or disapproval by the U.S. Con- gress. U.S. negotiators insisted that if any agreement was to be concluded, it would have to be in two self-balancing packages since (1) the U.S. could not obtain overall rec- iprocity if chemicals were excluded from the Kennedy Round settlement; and (2) any package to be presented to Congress on ASP would have to be one which could be accepted or rejected independently of the Kennedy Round settlement. Briefly, the agreement reached at Geneva on chemicals entails two agreements. The first, which is incorporated in the Kennedy Round, will stand regardless of Congresional action on ASP. In this first agreement, the U.S. will reduce its duties on chemicals by an average of about 43 percent while other countries will reduce by about 25 percent. This latter figure is a preliminary estimate of the numerous reductions made by other countries and includes reductions ranging from 20 to 50 percent. Canada, negotiating as a country with special trade problems in accordance with agreement of other de- veloped countries, will make cuts of varying degrees on a vast array of chemical products. In the second package, which is subject to Congressional action on ASP, the U.S. would eliminate ASP and reduce duties above 20 percent down to that level except for coloring agents (dyes, pigments and azoics), sulpha drugs and several other products. The EEC, the U.K. and the U.S. would place in effect the remainder of the 50 percent reduction withheld in the first package, with the U.K. reducing some rates by over 60 per- cent. The EEC, the U.K. and Switzerland will take action on a non-tariff barrier to reciprocate for the elimination of ASP, All countries, including the U.S., will ex- cept some chemical items from the full 50 percent reduction. Exceptions of other coun- tries were made chiefly to balance off the U.S. maintenance of rates above 20 percent on coloring agents and sulpha drugs. The effect of both agreements on chem- icals would be to reduce sharply the rates on chemicals in major world markets, With the exception of items subject to ASP, U.S, rates in most cases were already relatively low and were no bar to imports. On the items subject to ASP, the U.S. will in either package, still retain the highest rates of duty of any industrialized country. The rates of other countries on U.S. exports will be re- duced to very low levels, probably to a maxi- mum of 121/z percent for the EEC and U.K. if the second pacage goes into effect. The first package is a compromise which favors the EEC and the U.K. in regard to depth of reduction and the U.S. Insofar as trade coverage is concerned. We estimate a significant positive balance in favor of the U.S. in the first package because the varied nature and heavy volume of our exports provide more opportunity to benefit from the 25 percent tariff out than does the 43 percent reduction on our imports. Moreover, ASP will be retained. The second package pro\ ides benefits in the U.K. and EEC markets which should pro- vide further impetus for our exports. Our part of this package-elimination of ASP- is an action which was recommended in 1951 by the Treasury Department when Congress was considering customs simplification. In the last Congress, ASP was eliminated from A 3143 protective rubber footwear and the Senate Finance Committee late in 1966 asked the Tariff Commission to study and report on ASP as well as other valuation problems. The Commission report has been sent to the Committee but has not yet been made pub- lic, The chief criticisms of the ASP system are its uncertainty and the very high rates of duty that result from its application. U.S. importers are not sure whether their ship- ments will be subjected to ASP, and even if they are, they do not know the amount of duty which will be assessed until the ship- ment is processed through Customs. Duties can and do run over 50 percent and in some cases over 100 percent, In the trading world of today, such a system of valuation is gen- erally considered obsolete and overly restric- tive to trade. In this respect this Depart- ment and the Foreign Service are constantly trying to obtain fair and equitable trading conditions for U.S. Industry abroad and we believe that the success of our efforts is con- tingent to a large extent on-our own willing- ness to remove similar barriers. We therefore support elimination of the ASP as a part of the second agreement on chemicals in the Kennedy Round. In general, we do not expect any serious dislocations in the chemical industry from the Kennedy Round agreements. All con- cessions will be made in five equal install- ments over a period of four years and one day, and while there will be adjustments as prices change when tariffs are reduced, we expect that U.S. industry will have time to take such adjustments in stride. Moreover, we expect that gains from exports will offset any increase in imports. Sincerely yours, ROBERT L. MCNEILL, Deputy Assistant Secretary for Trade Middy East Crisis EXTENSION OF REMARKS HON. JACOB H. GILBERT OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Tuesday, June 20, 1967 Mr. GILBERT, Mr. Speaker, recently our distinguished colleague from New Jersey [Mr. HOWARD] stated his feelings on the situation in the Middle East be- fore an audience in Asbury Park, N.J. Mr. HOWARD articulated the feelings shared by many of my colleagues and fellow Americans. At this time I would like to submit his remarks for insertion in the RECORD: - SPEECH BEFORE ISRAEL SOLIDARITY RALLY BY CONGRESSMAN JAMES J. HOWARD AT AsBURY PARK, N.J., JUNE 7, 1967 We meet tonight in a somber time in his- tory and although we meet in a free city in a free nation, freedom is being once again placed under seige on our planet. The eyes of the world are tonight focused on the Middle East and most particularly on the tiny country of Israel. Once again this Jew- ish State is facing a threat to its indepen- dence and its very existence, a threat that comes from the hostile Arab world which encircles it. We know that adversity and hostility are not new experiences to the Israeli people. From as far back as Biblical times the king- doms of Israel and Judah were set upon time and time again by hostile neighbors, Syria, Babylon and ironically enough Egypt. We know and have sympathized with the fact that through the pages of history have been A 3144 Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 CONGRESSIC NAL RECORD -APPENDIX June 20, 1967 recorded aggressive acts against the Jew- ish people, burning, killing, plundering, which led up to dispersal. For centuries the Jewish people wandered the globe, ridiculed, tormented and unaccepted. But through those years a hope and a dream persisted, a nation of Israel. Efforts toward this end and the concept of such a return to Jerusa- lem was exemplified in Zionism which has been embedded in Jewish thought since the early years of the Diaspora. Progression from the idea of Zionism to the reality of Israel began about 100 years ago. We are all familiar with the names of Moses Hess, Peretz Zmolenskin and Judah Pinsker, and the founder of the Zionist movement as we know it, Theodor Herzl. Herzl's organiization of the first Zionist Congress in Switzerland in 1897 was followed by slow, but measured, steps which led to the creation of Israel in May of 1947. So for over 19 years we have seen the growth of democracy in the Middle East. We have proudly watched it become the model nation of the area, a model in edu- cation, in health, in economic progress and perhaps most importantly, a model for all of its neighbors to see that the best way to live is through themeans of a democrati- cally organized parliament and government. Just a few weeks ago I had the honor of visiting this justifiably proud nation and .people. I felt a pride myself, which I knew I shared with the Jewish members of this area in visiting the modern city of Tel Aviv,- in watching its people, well fed and happy, and determined to do everything necessary to combat the clouds of Arab animosity that were forming over their very heads. I was proud to visit the city of Herzlia, where I spoke with the physician who operates the clinic built mostly through funds gathered and donated by the Histadrut and other con- cerned citizens of our -own central New Jer- sey. Themodern hospital on the hill behind Herzlia is an inspiration to all who visit it, especially when we realize that not many years ago the hospital served tuberculosis patients from only the immediate area, but now needs to devote only one wing of it for all the tuberculosis patients in the entire na- tion. Through hard work and cooperative ef- fort Israel has become a island of hygiene in the ocean of disease that is known as the Middle East. On the eastern shore of the Galilee or Lake Tiberius, I visited the Kibbutz of-Ein- Gev. Here, at Emn-Gev, the animosity of the Arab world had already been felt, for less .than two weeks before, the Syrian guns lo- cated on the hilltop a few hundred yards away had wantonly shelled this tiny com- munal colony. I saw the bomb craters in the playground, the schoolroom halt blown apart, and visited an underground area that has one of the most discouraging names I have ever heard. It was called the Kinder- garten Bomb Shelter, not a rusted relic of World War II but a necessary piece of "physi- cal equipment" in Israel today. I spoke with Jack Steinberg, one of the leaders of the Kibbutz, and met his young daughter, who stood-only a few feet from where one of the bombs landed but miraculously escaped in- jury. I was informed just this afternoon by the Israeli Embassy in Washington that little Ein-Gev received massive shelling from the Syrians yesterday but-they had no report as to the number of casualties, and I can only wonder and hope concerning what remains of Ein-Gev and the condition of Jack Steinberg and his daughter. - These are but just a few of the memories I have of Israel in May of 1957, but what impressed me most and will live with me for the longest time was the air and attitude of the people of Israel. They are a young nation, actually a teenager in- years. They are filled with national pride, pride in what they have accomplished and confident of their future. This generation of Israelis may 'indeed be called "the chosen people." For centu-ies fathers told their sons, and they in ti rn their sons, that some day the Jewish pe :)ple would have and build their own nati(--n. This generation of Jews has been eho,en to accomplish that mission. They hav done well although harrassed by the Arab lotions around them and have no intention of being dispersed again, One yer r ago, speaking in Lakewood on the 18th ann.versary of Israel's Independence. I stated `Currently there are scant indica- tions the t her neighbors are willing to ac- cept Israt I as a reality but it is also a reality that Isra.1 is here-to stay." What-I told the people of Lakewood last year, the nation of Israel is showing the world today. As Abbe Eban sai 1 last night at the United Nations: "Egypt has openly proclaimed that Elath did not form part of Israel and had pre- dicted t. fat Israel itself would soon expire. That pr.,clamation was empty. The predic- tion nov - lies in ruins." As Israel moves for- ward ag Linst its aggressors, let no one in or out of tae United Nations nor in or out of the Unt Ed States point a finger of condem- nation i.pon her. Never before in history has a natior taken so much abuse for such a long period .'f time before insisting upon their rights a 3 free people in a free world. A hard and bit ter lesson was learned ten years ago in assr wing that Nasser, after his bitter defeat, would allow Israel its territorial in- tegrity. Let us not permit the lesson of the past to a years to reoccur in the next ten. Let he people of the world know that when s free people are threatened our Pres- ident, )UT government, and your Represen- tative n Congress will stand on the side of justice . . and in the Middle East, the word 'justice" is pronounced Israel. 1XTENS'ION OF REMARKS or ION. DANIEL E. BUTTON OP NEW YORK IN IRE HOUSE OF REPRESENTATIVES Tuesday, June 20, 1967 Mi. BUTTON. Mr. Speaker, last Sun- day Major John V. Lindsay, of New York, a fo- mer Member of this House and a Repi.blica.n, appeared on "Meet the Pres :." David Broder asked him the fol- lowi'- ig question : Th 3 House Republicans are trying to cone- pletE ty revamp the poverty program and in the l rocess abolish Sargent Shriver's poverty agen ;y. Do you think it's a good idea? Tee mayor of the Nation's largest city mac e an answer which, I believe, merits the close attention of my colleagues on both sides of the aisle. He said: W3 have had good luck and success with Mr. Shriver's OEO office and we find that in I ew York, at least, that it is wise to have a s ngle office with which to deal in this eno moutly complicated program. It is a difli cult program to administer at both ends of ;he stick, both in a locality and here in Washington, D.C. To dismember it and to rat its various functions scattered about in ive or six Federal agencies, I think would be a mistake. -I fear that it would compound the problem of administration that not only exi ;ts in Washington but in all of the cities toe ay. :n his column "Political Parade" in to- day's Washington Post, Mr. Broder has al:.o analyzed John Lindsay's stature at Long his fellow American mayors and commented trenchantly on various Republican responses to the almost over- whelming problems facing our cities. I am sure that this column, excerpts of which I at this point include in the RECORD will also be highly interesting to every Member of this House. [From the Washington Post, June 20, 1967] THE OUTSIDER (By David S. Broder) HONOLULU.-After less than two years in office and still a very junior member of the club, New York's Mayor John V. Lindsay has established himself in the eyes of his fellow mayors as a spokesman and leader in the fight for urban America. He emerged unmistakably at this week's meeting of the U.S. Conference of Mayors here as one of the strong men of municipal government. His was the dominant voice on the six-mayor "meet the press" panel, and his was the most influential viewpoint in the deliberations of the conference platform committee. A veteran of these mayors' meetings rated Republican Lindsay among the "big three" of the organization, along with the two top Democrats, Detroit's articulate Jerome P. Cavanaugh and Chicago's Richard J. Daley, a four-term veteran almost universally re- garded as America's most 'effective mayor. Much as his victory in 1965 was cheered by the GOP as an early symptom of the recovery from the Goldwater disaster, Lindsay as mayor, it must be said, has made almost no effort to turn himself or his administration into a model or showcase of specifically Re- publican concern for city problems. Still, when one sees the prestige Lindsay enjoys among his fellow mayors, it remains almost unbelievable that the Republican Party, obstensibly interested in the big city vote, lets an asset like him go to waste. His constituency is the most important political prize in the country. Lindsay him- self has more political glamour than any other Republican east of Ronald Reagan. Tall, broad-shouldered, good-looking, he stops traffic among the tourists and is prob- ably the one Mayor in the country who is recognized by residents of a city other than his own. Lindsay has an mole staff, and he does his homework. He appeared to be the best- briefed man among the two dozen mayors on the resolutions committee. He is still not a polished public speaker, but he has learned to make his points more clearly and succinctly than he did in the House. He carried the majority of mayors with him on the key policy statements on urban needs, welfare, crime, the antipoverty program and housing. Politically, however, much of what Lindsay was promoting here runs directly contrary to the record his own Party is writing in Washington. Lindsay joined the unanimous vote in the resolutions committee for con- tinuation of the model cities program, which most House Republicans opposed. Where House Republicans are currently trying to dismember Sargent Shriver's Office of Eco- nomic Opportunity, Lindsay argued for con- tinuation of centralized administration of the antipoverty program, which he (unlike most Republicans and some mayors) pro- nounces a success, at least in New York City. Most pointedly, Lindays offered and had endorsed a resolution which "deplores" the action of the House of Representatives- claimed as a great victory by House Republi- cans-in cutting off further funds for the rent-supplements program. In short, what Lindsay is asking of his fel- low Republicans is a commitment to finance city programs on a top-priority basis with every dollar that can be spared from the Vietnam war. And that is a commitment the congressional Republicans from their rural and suburban districts do not seem prepared to make. Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 June 20, 1967 CONGRESSIONAL RECORD - HOUSE In releasing the report today, Mr. Freeman said, "The new -era in agriculture gives us a realistic opportunity, as well as a chal- lenge, to set up our goals for the future. Building on the accomplishments of recent years, we can now define our objectives for tomorrow. This is the purpose of our current Agriculture/2000 project, a blueprint for ac- tion now and in the years ahead. The fact that U.S. agriculture has entered a new era makes Agriculture/2000 a realistic under- taking. Among the 1966 advances cited by the Secretary are: Disappearing surpluses.-"For the first time in more than a decade agriculture is now generally free of surpluses," the report says. The surpluses of wheat, feed grains, rice, milk, butter, and cheese are no more. The new cotton program, combined with increased domestic and foreign use, Is cut- ting sharply into the cotton surplus, Government investment sharply down In 1966, the Commodity Credit Corporation investment in farm commodities "fell to $4.4 billion, the lowest since 1953. CCC invest- ment is now $4 billion below the peaks reached in 1956 and 1959." Income sharply up.-"Realized farm net in- come in 1966 climbed to $16.3 billion-over $2 billion more than in 1965 and about $4y, billion more than in 1960." Net income per farm in 1966 averaged $5,024, 20 percent more than in 1965 and 70 percent above 1960. For the first time in half a century, parity of income for adequate size family farmers "is clearly in sight." Flexible farm programs.-Farm production can now be guided and brought into balance by means of farmer self-determination with government assistance. "Under the flexible provisions of the Food and Agriculture Act of 1965, farmers are expected to bring back into 1967 production about- 18 million acres, mostly wheat and feed grains, out of the 63 million acres diverted in 1966." Rebirth in rural America.-"The revitaliza- tion of rural America continues, with more farm and nonfarm rural people enjoying pure water, better community facilities, improved schools, medical services, and an increasing number and variety of off-farm jobs." The report points out that USDA advanced $1.2 billion in loans In 1966 to more than 700,000 rural families, helping them to build new homes, establish more productive farming enterprises, and develop water and sewer systems. Better diets.-"USDA food assistance pro-, grams now help improve diets and nutrition for 45 million Americans-school children, low-income families, and others who have inadequate diets. The Food Stamp and the Commodity Distribution Programs fpr needy families were available at the end of calendar 1966 in over 2,100 counties and cities in all States a>id the District of Columbia. More than 18 million children were served low- cost, nutritious school lunches." Expanding exports and food aid abroad.- "Exports of farm products reached all-time highs of $6.7 billion for fiscal 1966 and $6.9 billion for the calendar year, registering gains of 10 percent and 11 percent, respec- tively, over the corresponding year-earlier periods." U.S. grain shipments to drought- stricken India saved 60 million persons from starvation. Growing resource conservation."Conser- vation treatment for soil, water, timber, and wildlife was applied on over a million farms with government cost-share assistance in 1966." USDA continued to give technical as- sistance to nearly 3,000 local soil and water conservation districts that include about 99 percent of the nation's farms. The Depart- ment approved construction assistance to 89 watershed projects covering 6 million acres. The National Forests had a record timber harvest for the fourth consecutive year. More consumer services.-"USDA Inspected for wholesomeness and safety close to 90 per- cent of all the meat and poultry sold in the United States, a new record." It gFaded 60 percent of the meat (excluding pork) and 63 percent of the poultry sold, thus helping consumers select the qualities they needed for specific cooking purposes. Further prog- ress was made in wiping out animal diseases, some of which are transmissible to humans. By chemical, biological, and other means the Department continued to protect fruits and vegetables against pest damage. New foods and crop varieties were developed for bet- ter living. NEW ERA-NEW RESPONSIBILITIES "Probably never before," the Secretary says in the report, "has the change in the posi- tion and responsibilities of American agricul- ture from one year to the next been so great as in 1966." Having entered a new era, U.S. agriculture now faces new responsibilities, Mr. Freeman continues. "A great and growing agriculture must meet a great and growing array of challenges-in the countryside, in the na- tional economy, and in the world. . "We must build the American family farm into an even more productive, effective, and prosperous unit of the economy. "We must help to revitalize and reinvigo- rate the whole of rural America. "We must lead the crusade for a world free from hunger. "We must expand our areas of vital serv- ices to assure that the abundance produced by American farms, the resources available in farm and rural America, and the knowl- edge developed by agricultural science are used to support an era of better living for all our people." A NEW PLATEAU In releasing the report, the Secretary pointed out that although farm income in 1966 was 40 percent more than in 1960 and farm prices averaged 13 percent higher, it Is proving difficult to continue the advance in 1967. "We have reached a new plateau, Farm- ers still- face big problems. The art of bal- ancing production with demand is far from perfected. Largely as a result of a bumper world grain crop and increased domestic production of hogs, cattle, poultry and milk, farm prices have dropped sharply from the peak reached last August. "We are using all available programs, in- cluding price support, purchase programs, and other marketing aids, to strengthen farm prices and Income. We expect farm prices to strengthen and farm income to come close to last year's record. It is vital that the gains of recent years be not only maintained but ex- panded. Despite their Immense contribu- tions to the economy, our farmers are still being inadequately rewarded." Mr. Freeman concludes his report with an epilog in which he says: "Ours is an age of collapsed time. We see more technological and scientific progress in a year-perhaps in a month-than our ancestors saw in a cen- tury.... "The challenge of our generation is to turn the scientific, technological, and infor- mation explosions to the advantage of the human race. "And we in agriculture are particularly challenged-because agriculture can, must, and, I believe, will provide many of the most basic tools. Fortunately, the continuing prog- ress of the year 1966 gives promise that agri- culture can and will meet its Challenge- Today and Tomorrow." A CHOICE OF APPOINTMENT (Mr. FULTON of Tennessee (at the request of Mr. ECKHARDT) was granted permission to extend his remarks at this H7589 point in the RECORD and to include ex- traneous matter.) Mr. FULTON of Tennessee. Mr. Speak- er, all Americans who believe in the fair- ness of advancement through merit, abil- ity, and qualification will agree in the wisdom in the appointment to the Su- preme Court of Mr. Thurgood Marshall. The appointment by President John- son of Mr. Marshall as Associate Justice of the Supreme Court is a well-deserved tribute to a brilliant jurist, a law scholar, an experienced and able attorney, and an outstanding American. The appointment has received wide- spread acclaim. I am glad to report that recent editorials in the Nashville Ten- nessean and the Nashville Banner have commended our President for this nomi- nation. The Nashville Tennessean stated in its editorial: It would be difficult, if not impossible, to find a candidate for the Supreme Court with better recommendations than Mr. Marshall's. The Nashville Banner states in its edi- torial: On its merits the only valid basis for such judicial appointment, or for impartial evalu- ation of it, the nomination accords with reasoned judgment. I fully concur with the view that Mr. Marshall "has accented the law and con- stitutional processes ... and condemned violence as the method of its implementa- tion." Under unanimous consent, I Insert into the RECORD the editorials from the Nashville Tennessean and the Nashville Banner endorsing Thurgood Marshall's appointment : A CHOICE APPOINTMENT There are two reasons why Mr. Thurgood Marshall should have been appointed to the United States Supreme Court. One-and the most important-is that he has superior qualifications for the job. The supporting reason is the simple demand of justice that he be the first member of his race to serve on the nation's highest court. No justice now sitting on the Supreme Court has higher qualifications in ability and experience than Mr. Marshall has. The new associate justice finished law school at the head of his class, As general counsel for the National Association for the Advancement of Colored People, he argued 32 cases before the Supreme Court, winning all but three of them. His landmark victory was the 1954 decision by the court outlawing segregation in the schools. Mr. Marshall then served four years as a federal judge on the U.S. Second Court of Appeals in New York. He was appointed U.S. Solicitor General in 1965. As solicitor gen- eral, he argued 18 cases for the government before the Supreme Court. He won 13 of them. Thus the record of Mr. Marshall's ability and experience is clear and convincing. So is the record of his love for the devotion to the law, and his adherence to legal processes for the settlement of issues. Yet, despite his undisputed qualifications, some will say he should not have been appointed to the Supreme Court and that his appointment was made on the basis of political considerations. There can be little doubt that political results may come from the appointment of Mr. Marshall. But this is no reason why the appointment should not have been made, Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 Approved For Release 2004/05/25 : CIA-RDP69B00369R000200300007-4 H 7590 The new associate justice-grandson of a slave and son of P. Pullman steward-,sym- bolizes the rapid progress of his race over the past two generations. And the most spec- tacular progress was brought about through his own initiative and skill before the bar of justice. It would be difficult, if not impossible, to find a candidate for the Supreme Court with better recommendations than Mr. Marshall's. If his appointment sprang from political considerations-and. what Supreme Court appointment did not-the nation can be thankful that the political forces worked out to put such an outstanding legal talent on the court. MARSHALL IS QUALIFIED President Johnson's nomination of Thur- good Marshall as Associate Justice Tom C. Clark's successor on the U.S. Supreme Court comes as no surprise. That the nominee would become the first Negro on that tri- bunal was almost a foregone conclusion, as widely speculated at the time of his 1965 appointment as Solicitor General. In the latter capacity-No. 3 official in the Justice Department-he has capably borne the responsibilities assigned; the govern- ment's lawyer in cases before the supreme bench, having personally argued 19 of these. Of further significance as to preparatory ex- perience, he served for about three years as a judge of the U.S. Circuit Court of Appeals handling cases from New York, Connecti- cut and Vermont. Thus he has nct only scholarship In law, but a background of judicial record, as a basic qualification. As firmly as any present member of the Supreme Court, and more so than most of these, he has spoken out against elements of anarchy in the civil rights movement'-and that as recently as June 7 of this year. Admittedly the strong advocate of racial equality-within the meaning of full citi- zenship and opportunity incorporated in: that term-he haA3 accented the law and con- stitutional processes to that end and con- demned violence as the method of its im- plementation. On its merits, the only valid basis for such judicial appointment, or for impartial eval- uation of it, the nomination accords with reasoned judgment. (Mr. FULTON of Tennessee (at the re- quest of Mr. ECKHARDT) was granted per- mission to extend his remarks at this point in the RECORD and to include ex- traneous matter.) - [Mr. FULTON of Tennessee's remarks will appear hereafter in the Appendix.] FLAG DESECRATION AMENDMENTS (Mr. CORMAN (at the request of Mr. ECKHARDT) was granted permission to extend his remarks at this point in the RECORD and to include extraneous mat- ter.) Mr. CORMAN. Mr. Speaker, we have just concluded passage of H.R. 10480 which purports, among other things, to be a bill to prohibit the burning of the flag. We also adopted an amendment of- fered by Mr. BIESTER and myself to re- quire that the word "knowingly" be in- serted before the words "cast contempt" making it clear that the House intended a contemptuous state of mind on the part of the accused. It is to be noted that the word "burning" was added to the bill during the Committee of the Whole by a committee amendment. CONGRESSIONAL RECORD- HOUSE June 20, 1967 Both of tl ese amendments were passed in the Con mittee of the Whole by an overwhelmi ig vote. They are, however, not a part (f the legislation we have just passed bees use of the parliamentary ef- fect of the passage in the Committee of the Whole ind the subsequent defeat in the House of the Wyman amendment. Because o: the fate of the Wyman amendmen ; the words "burning" and "knowingly" were both deleted from the bill as final 'y passed. - It was of viously the intent of an over- whelming I .umber of Members that those words sho- tld be included. It is hoped that an o; )portunity will present itself to correct :his matter before H.R. 10480 finallyeec Vines law, y 7 `~ TLEMEN r IN THE MIDDLE EAST The SP] TAKER. Under previous order of the Ho Ise, the gentleman from New York [Mr. ADDABBOI is recognized for 15 minutes. Mr. AD) )ABBO. Mr. Speaker, the five- point pro 3osal for settlement in the Middle Ea at offered by the President yes- terday is a fair and sensible approach to lasting peace in that explosive area of the v: orld. President Johnson has urged an even-handed solution to the basic problems which underly both the outrageous aggression againstIsrael over the last 20 years and Israel's rebirth as a State i 1 1948. He has called on the parties t( o move the temporary cease- fire towa 'ds a permanent armistice by sitting in conference with the Israelis to iron out tit least some of the immediate problems which threaten the peace and security Df the Middle East-problems such as '