CONGRESSIONAL RECORD-SENATE, 9 APRIL 1970
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(Eon ressi'*0nal Record
1- 9
PROCEEDINGS AND DEBATES OF THE 9 I st CONGRESS, SECOND SESSION
Vol. 116
WASHINGTON, THURSDAY, APRIL 9, 1970 No. 56
The Senate met at 9:30 o'clock a.m.
and was called to order, by Hon. JAMES
B. ALLEN, a Senator from the State of
The Chaplain, the Reverend Edward
L. R. Elson, D.D., offered the following
prayer:
God be in my head
And in my understanding;
God be in my eyes
And in my looking;
God be in my mouth
And in my speaking;
God be in my heart
And in my thinking ;
God be at my end
And at my departing. Amen.
-From the Sarum Primer (1538).
DESIGNATION OP ACTING PRESI-
DENT PRO TEMPORE
The PRESIDING OFFICER. The clerk
will read a communication to the Senate.
The assistant; legislative clerk read the
following letter:
U.S. SENATE,
PRESIDENT PRO TEMPORE,
Washington, D.C., April 9, 1970.
To fhe Senate:
Being temporarily, absent from the Senate,
I appoint Hon. JAMES B. ALLEN, a Senator
from the State of Alabama, to perform the
duties of the Chair during my absence.
RICHARD B. RUSSELL
President pro tempore.
Mr. ALLEN thereupon took the chair
as Acting President pro tempore.
THE JOURNAL
Mr. MANSFIIELE, Mr. President, I ask
unanimous consent to dispense with the
reading of the! Journal of the proceed-
irigs of Wednesday, April 8, 1970:
The. ACTING P1#.ESIDENT pro tem-
pore. Without objection, it is so ordered.
COMMITTEE MEETLNGS I)UI,INQ
SENATE SESSION
Mr. MANSFIELD, My. President, I ask
unanimous consent that ?all committees
be authorized to meet during the session
of the Senate today.
Senate.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR ADJOURNMENT TO
TOMORROW AT 9 A.M.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that when the Sen-
ate adjourns today, it adjourn until 9
o'clock tomorrow morning.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR RECOGNITION OF
SENATOR MOSS TOMORROW
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that immediately
after the prayer, the Senator from Utah
(Mr. Moss) be recognized for not to ex-
ceed 30 minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR RECOGNITION OF SEN-
ATOR HOLLINGS AND SENATOR
McGOVERN TOMORROW
Mr. MANSFIELD. I ask unanimous
consent that following the Senator from
Utah (Mr. Moss), the Senator from
South Carolina (Mr. HOLLINGS) and the
Senator from South Dakota (Mr. Mc-
GOVERN) be recognized for not to exceed
30 minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR RECOGNITION OF
SENATOR CHURCH TOMORROW
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that following those
.Senators the Senator-from Idaho (Mr.
CHURCH) be recognized for not to exceed
1 hour.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER FOR THE TRANSACTION OF
ROUTINE BUSINESS TOMORROW
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that following the
remarks of the Senator from Idaho (Mr.
CHURCH), there be a period for the trans-
action of routine morning business, with
a time limitation of 3 minutes on
statements.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
ORDER OF BUSINESS
Mr. MANSFIELD. Mr. President, with
the consent of the distinguished Senator
from Wyoming (Mr. HANSEN), who is to
be recognized now, and without taking
any of his time, I would like to proceed
for about 5 minutes.
Mr. HANSEN. Mr. President, I am very
happy to yield to my distinguished
colleague.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
DEMOCRATIC POLICY COMMITTEE
CONSIDERATION C, T NEGO-
TIATIONS AND POSTAL RATES
Mr. MANSFIELD. Mr. President, on
Tuesday the Senate Democratic policy
committee met on two matters that I
consider of the utmost importance. The
first dealt with the pending SALT nego-
tiations and Senate Resolution 211 seek-
ing to propose a freeze mutually, and I
stress the word "mutually"-entered into
between the Soviet Union and the
United States on the deployment and
testing of new strategic nuclear weapons
systems. The policy committee adopted a
resolution informing the President of its
backing on Senate Resolution 211. In-
cluded as well was the policy commit-
tee's full support and the full support of
the Democratic leadership of an initia-
tive along these lines taken by the Pres-
ident as the SALT negotiations get un-
derway again next week in Vienna.
Mr. President, may I say that the res-
olution now before the Senate is a Re-
publican-sponsored resolution and is the
handiwork of the distinguished Senator
from Kentucky (Mr. COOPER) and the
distinguished Senator from Massachu-
setts (Mr. BROOKE). Such wide biparti-
san support on this matter, I feel, is most
significant.
I ask unanimous consent that the res-
olution on this matter adopted by the
Senate Democratic policy committee on
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CONGRESSIONAL RECORD -SENATE
Tuesday be printed at this point in the
RECORD.
There being no objection the resolu-
tion was ordered to be printed in the
REcoaD, as follows:
Whereas, the Strategic Arms Limitation
Talks are scheduled to reopen in Vienna later
this month after successful preliminary dis-
cussions in Helsinki, and
Whereas, both the United States and the
Soviet Union presently possess surfioieacy in
strategic nuclear weaponry according to the
evaluation of each of themselves and of each
other, and
Whereas, deployment by either country of
new weapons systems could ;upset the pres-
ent strategic equilibrium and intensify a
commitment of resources by both countries
to achieve the rough balance or parity that
presently exists, and
Whereas, any deployment of new nuclear
strategic weapons systems would complicate
the SALT negotiations and might affect ad-
versely their productivity;
Be it resolved that, the Senate Democratic
Policy Committee urges the adoption of
S. Res. 211, proposing a mutual freeze with
proper verification on the deployment of new
offensive or defensive strategic nuclear weap-
ons systems, and
Be it further resolved, that' the Senate
Democratic Policy Committee will support
the President of the United States in an
initiative by the Government proposing such
a mutual freeze at Vienna later this month.
Mr. MANSFIELD. On another matter,
the policy committee considered the ad-
ministration's recommended increase in
postal rates including the suggestion
that first-class mail charges be raised
from 6 to 10 cents.
On that score, I would say it is doubt-
ful that even a 1-cent increase of the
cost of mailing a first-class letter is jus-
tified. Certainly, a proposal for a 4-cent
boost is by every criteria unjustified.
To advocate that first-class mail rates
be jumped by 67 percent is out of this
world: To advocate that the third-class
rates for bulk mail go up only 5 percent
is unrealistic. The figures should be re-
versed and the burden placed on the
junk mailers and not on the first-class
mail users.
So for these and other reasons, the
President's proposal has been wiani-
mously opposed by the Senate Demo-
cratic policy committee, and it would be
my personal anticipation that it would
be unanimously opposed by the full Sen-
ate Democratic membership until there
has been an equitable adjustment, of
postal rates; until businesses that use
the mail for profit at privileged and wi-
necessarily favored rates are made to
pay a More realistic share of the burden.
I ask unanimous consent that the res-
olution on postal rate increases adopted
unanimously on Tuesday by the Demo-
cratic policy committee be printed at
this point in the RECORD.
There being no objection the resolu-
tion was ordered to be printed in the
RECORD, as follows:
Whereas, the Majority Policy Committee
having met and considered the matter of
proposed postal increases, and
Whereas, considering that First Class mail-
ers presently pay a disproportionate share
of postal costs, it is hereby
Resolved, that there should be no increase
in First Class postal rates until such time
as mailers using other than First Class priv-
ileges pay their fair share ofpostal costs.
Mr. MANSFIELD. Mr. President, I
thank the ; distinguished Senator from
Wyoming for yielding to me.
The ACTING PRESIDENT pro tem-
pore. Pursuant tq the previous order, the
Senator from Wyoming (Mr. HANsEN)
is recognized for not to exceed 45 min-
utes.
Mr. GRIFFIN. Mr. President, will the
Senator from Wyoming yield to use,
without losing any of his time?
Mr. HANSEN. Mr. President, I am
happy to yield to the distinguished Sen-
ator from Michigan.
Mr. GRIFFIN. Mr. President, I can-
not allow the remarks of the distin-
guished majority leader stand in the
RECORD without some comment, partic-
ularly as they refer to the President's
proposal to provide adequate revenues
to finance the pay increase of postal
workers.
In the political season, it is quite
common to hear a charge, directed to-
ward the party represented on the other
side of the aisle, that they are quick to
vote for spending but are not there
when it is time to raise the money for
the financing.
Nobody likes a 10-cent stamp. The
junior Senator from Michigan does not
like a 10-cent stainp. I wish we did not
have to vote for an increase in the post-
al rate. On the other hand, if we are go-
ing to put pay increases into effect for
postal workers and other Government
workers--pay increases which are jus-
tified, which. are needed and which are
related to comparability and the cost of
living-then we have got to find the
money to pay for the pay increases.
Now, I do not know how many first-
class letters the average person would
write and mail in a year, but assuming
that he might write 100 letters a year, we
would be talking about an increased cost
to him of $4 a year. Those who really
will be hit by this proposal will be those
who use the malls the most-the busi-
nessmen-n44 the average wage earner.
Businesses are the big users of first-class
mail. They are the volume mailers.
There should be no implication left that
big business would be let off easy by the
President's proposal--or that the small
wage earners would be better off if we
were to raise income taxes to pay the
cost.
I would not foreclose the possibility
that some adjustments could be made so
far as the other classes of mail are con-
cerned. Perhaps the first class rate
should be 9 cents and there should be
some compensating additional increases
in second, third, and other classes of
mail. But I am disappointed that the
Democratic policy committee, just after
the Senate has voted a 6-percent pay
increase by almost a unanimous vote,
would then flatly oppose the President's
proposal to provide the wherewithal to
pay for it-and suggest no alternative
or counterproposal that would raise an
equivalent arnouni; of money.
Mr. MANSFIELD. Mr. President, will
the Senator yield?
Mr. GRIFFIN. I yield to the distin-
guished majority leader.
Mr. MANSFIELD. First may I say I
am distressed that the acting minority
April 9, 1970
leader has seemed to imply that what
the Senator from Montana has just said
had political connotations. I wish to as-
sure him and the Senate that nothing
was further from my thoughts.
Mr. GRIFFIN. Well, of course, it came
from the Democratic: policy committee.
Mr. MANSFIELD. oh, yes.
Mr. GRIFFIN. And I would think I
would be justified, perhaps, in assuming
that there might be some political con-
notations. But perhaps not;
Mr. MANSFIELD. No. there were not,
I assure the Senator. The policy com-
mittee has taken stands on a number of
matters without regard to the politics
involved, and I would hope that the Sen-
ator would take my word on that.
But we were concerned that the only
aspect of the postal. system operating
on a sustained profitmaking basis-first-
class mail service should again be
called upon, as it has been in the past,
to bear at this time a 67-percent in-
crease. It was our feeling that second-,
third-, and fourth-class service, espe-
cially that used by junk mailers, should
bear a more realistic share than is pro-
posed by the administration. As the Sen-
ator has indicated, much originates out
of various business concerns, and most
of that mail, as far as I am concerned,
usually finds its way quickly into the
wastebasket. I, for one, have no interest
in such mail and I do not like to be
deluged with mall in which I do not
have an interest or w itch is not of inter-
est to my State.
The Senator may rtr,all that yesterday
the Senator from Montana did vote al-
ternatively for selective pay increases,
because he was aware of the cost of the
bill presented by the Post Office and
Civil Service Committee to the Ameri-
can people.
The Senator from Michigan has raised
the question of alternatives. We do have
alternatives in mind. For example, I
would remind the Senator that Congress
as an alternative last year reduced the
President's budget requests by more than
$6 billion. It even cut the budget for the
next fiscal year by another $1.3 billion.
Along this line, I would point out that
the President himself' was responsible
for about a $3 billion cut in expendi-
tures, for which I commend him.
This indicates that we can work to-
gether; the President can cut expen-
ditures further, we can continue to cut
appropriations-at least as much this
year as last. I think there is fat to be
found in various agencies, in the Defense
Department for instance and in NASA;
their budget can be trimmed, and bloated
budgets will be found elsewhere.
Then there is the matter of farm sub-
sidies. I think on this question that
something ought to bay done about plac-
ing a limitation on them, and an that
way find some of the funds necessary
to make up the costs of the pay in-
creases which the Senate agreed to on
yesterday.
So we hope we are being constructive.
I know the Senator himself is certainly
not in favor of a 67-percent increase in
the first-class postage rate-a jump from
6 to 10 cents. I do not know of any Sen-
ator who would be in favor of such a pro-
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April 9, 1970' CONGRESSIONAL RECORD -SENATE
ppsal. But there are other instruments,
other means and manners. The burden
can be placed on the junk mail' users.
Congress and the President working to-
gether can affect cuts in expenditures
and appropriations in the areas I have
mentioned, and in other areas as well.
This problem, I think, is not a Demo-
cratic nor a Republican problem, but a
problem for all of us to face up to. We
must devote our efforts to finding ways
and means to cope with the problem
and to compensate for such matters as
the pay increases which were granted
yesterday. In its wisdom the Senate de-
cided to agree to the pay proposal and
regardless of how we personally feel on
the specifics of a given issue such as
this, we must approach it realistically.
Mr. GRIFFIN. I thank the distin-
guished majority leader for his comment.
I know he realizes that my remarks are
Lot directed at him personally.
However, I feel that I should make it
clear in the RECORD, as it has been made
clear in the RECORD many times before,
that as far as the argument about the
so-called cuts of this Congress below the
budget figures in the last fiscal year is
concerned, that argument has been made
over and over again and has been an-
swered over arid, over again. I believe it
is pretty well established that this Gov-
ernment faces a serious fiscal problem.
Mr. MANSFIELD. Will the Senator
Mr. GRIFFIN, Every indication is that
with respect to the appropriation and
authorization bills coming along now,
the Congress is adding more and more
millions on top of the budget requests of
the President.. Any expectation that the
pay raise will be financed by reductions
in appropriations is I think wishful
thinking. That is the opinion of the jun-
ior Senator from Michigan.
The President has proposed, and I be-
lieve the Nation desperately wants, postal
reform-establishment of a separate cor-
poration to run the Post Office Depart-
ment. I hope that such legislation will
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pass; and I believe it is very important dous amount of money--is another area
that such a new postal corporation, when in which sharp reductions can be made.
it does come into existence, be able to But I would hope that the Senator
have not only the wherewithal to pay ad- from Michigan would not be one of those
equate salaries, but also that it be able who believes in eating his own air, and
to acquire the kind of modern equip- would seek to discredit the fact that, as
ment needed to bring the Post Office De- the RECORD will indicate, reductions by
partment up to date. Congress last year amounted to $6,370,-
The 6-cent postage rate that we now 935,390. We ought to get up on our hind
enjoy in this country is very low in terms feet, Democrats and Republicans, and
of the postal rates in effect in most other brag about it, because we did do it. The
nations of the world. An increase in our figures speak for themselves.
postal rate is justified even if it is un- As far as the postal reform bill is
popular and a bit painful. I have said concerned, we have had nothing, really,
before, it may be that some further ad- before the Senate. I do not think it has
justment in the second- and third-class even been considered by the Senate Post
mail and junk mail, so-called, would be Office and Civil Service Committee. I
in order. But it would be a mistake to believe it has in the House of Represent-
assume or contend that the necessary atives.
financing can be raised that way. The Anything the President requests, of
money in the postal business is in the course, will be given the most serious
first-class mail. and immediate consideration. But we
Mr. MANSFIELD. Will the Senator cannot cross that bridge until we ap-
yield? proach the water, and we will just have
Mr. GRIFFIN. I yield. to wait and see. Any Presidential re-
Mr. MANSFIELD. Of course, you know, quest, I assure the acting minority
there is such a thing as milking the cow leader, will be given the most serious and
too dry; and there is also such a thing immediate consideration. But we ought
as bemoaning the fact that the figures not to bemoan the fact of what we did,
furnished by the distinguished Senator and I for one am never going to demean
from Louisiana (Mr. ELLENDER), in whom the Senate by saying that we did less
I have the greatest confidence, which than we actually did, as the records will
were published in the RECORD, showed prove. And if there is one man in this
without fear of contradiction that this body who, more than any other, deserves
Congress-we ourselves-were responsi- credit for that accomplishment, it is the
ble for a reduction in appropriations in present Acting President pro tempore,
excess of $6 billion. Instead of bemoan- the Sentaor from Alabama (Mr. ALLEN),
ing that fact, I think we ought to be who probably worked harder last year
proud of it. After all, as the Congress than anyone else to bring about that
we did face up to our responsibilities. I result.
hope we do the same this year. Mr. GRIFFIN. Mr. President, the ma-
There are areas in the Government in jority leader says the :figures will speak
which expenditures can be cut. There are for themselves. Will he furnish them for
areas in which the administration and the RECORD?
Congress, working in tandem, can bring Mr. MANSFIELD. Yes. I ask unani-
about reductions. The means, in my opin- mous consent to have printed in the
ion, can be found; and one of the best RECORD the chart to which I have re-
ways to start would be to bring this war ferred, so that what I have been saying
in Vietnam to a close. The war in Viet- will be made clear.
nam, which now encompasses Laos, There being no objection, the chart
which may spill over into Cambodia, was ordered to be printed in the RECORD,
which costs this Government a tremen- as follows:
ACTIONS ON BUDGET ESTIMATES OF NEW BUDGET (OBLIGATIONAL) AUTHORTY IN APPROPRIATION BILLS, 91ST CONG., 1ST SESS. AND 91ST CONG., 2D SESS., AS TO LABOR-HEW
APPROPRIATION BILL, H.R. 15931, AND FOREIGN AID APPROPRIATION BILL, H.R. 15149 AS OF MAR. 5, 1970
(Does not include any "back-door" type budget authority; or any permanent (Federal or trust) authority, under earlier or "permanent law t without further or annual action by the Congress. I
Bill and fiscal year
+) or (-), Public
Budget requests Budget requests Law amounts com-
considered by Approved by considered by Approved by pared with budget
House House Senate Senate Public Law requests to Senate
Bills for fiscal 1970:
1. Treasury-Post Office (H.R. 11582) (net 01 estimated postal revenues
approprlated)_____________________________________________ $2,314,714,000 $2,272,332,000 $2,314,714,000 $2,280,195,000
Memorandums: Total, including authorizations out of postal
funds ------- _., (8,821,727,000) (8,779,345,000) (8,821,727,000) (8,787,208,000)
2. Agriculture (H.R.11612)_____________________ 6,967,562,050 6,806,655,000 7,237,-562,050 7, 642, 797, 650
3. Independent offices-HUD (H.R. 12307)(including 1971 advance)- 15, 380, 413, 600 14, 909, 089, 000 15, 512, 969, 600 2 14, 985, 449, 000
Fiscal year 1970 amounts only ---------------- _------------- (15,205,413,600) (14,734,089,000) (15, 337, 969, 600) 2 (14, 985, 449, 000)
4. Interior(H.R.12781)------------------------------------------- 1, 390, 096, 500 1,374,286,700 1,390,856,500 1,382,766,900
5. State, Justice, Commerce,and Judiciary (H.R. 12964)-------------- 2, 475, 704, 600 2, 335, 634, 200 2, 475, 704:600 2, 382, 354, 700
6. Labor-HEW (H.R. 13111 vetoed by the President, Jan. 26, 1970)__ ___ (16, 495, 237, 700) 17, 573, 602, 700) (19, 834,125, 700) (21, 363, 391, 700)
Fiscal year 1970 amounts only----------------------------- (16495,237,700) (17,573,602,700) (18,608,125,700) (20,245,811,700)
7. Labor-HEW (H.R. 15931 signed by Presidept March 5, 1970)-------- 18:608,125,700 19,181, 920, 200 19, 834,125, 700 19, 381, 920, 200
Senator Cotton amendmentSec.410; 2 percent reduction ----------------------------------------------------------- -346,776,624
Fiscal year 1970 amounts only ----------------------------- (18,608,125,700) (19,381,920,200) (18,608,125,700) (19, 381, 920, 200
8. Legislative(H.R.13763)--------------------------------------- 311,374,273 284,524,057 372,152,949 342,310,817
9. Publicworks(endAEC)(H.R.14159)---------------------------- 4. 203, 978, 000 4, 505. 446, 500 4,203,978,000 4, 993, 428, 500
10. Military construction(H.R. 14751)___________________________ 1, 917, 300. 000 1.450. 559.000 1,917,300,000 1,603,446,000
Footnotes at end of table.
$2, 276, 232, 000 -$38, 482, 000
(7, 488, 9024 3,150) +2511,, 341,1000 00)
15,111, 870, 500 -401, 099, 100
(11,380,375,300) (-?10,481,200)
2, 354, 432, 700 -121,271,900
(19, 747,153, 200) s(-86, 972500)
(19,747, 153,200) 3(+1,139,027:500)
19, 381, 920, 200 4-452,205,500
-346,776,624 -346,776,624
,92 32-60, ,208170) +( -27, 826,132)
4, 756, 007, 500 +552, 029, 500
1, 560, 456, 000 -356, 844, 000
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ACTIONS ON BUDGET ESTIMATES OF NEW BUDGET (OBLIGATIONAL) AUTHORITY IN APPROPRIATION BILLS, 91ST CONG., 1ST SESS. AND 91ST CONG., 20 SESS., AS TO LABOR-HEW
APPROPRIATION BILL, H.R. 15931, AND FOREIGN AID APPROPRIATION BILL, H.R. 15149 AS OF MAR. 5, 1970--Continued
[Does not include any "back-door" type budget authority; or any permanent (Federal or trust) authority, under earlier or "permanent law,' without further or annual action by the Congressl
Bill and fiscal year
(1)
n
Budget requests Budget req Law nests Law or (amouuntts s com-
com
tonsidaryd by Approved by considered by Approved by pared with budget
House House Senate Senate Public Law requests to Senate
(2) (3) (4) (5) (6) (7)
Bills for fiscal 1970-Continued
11. Transportation (H.R. 14794) (including 1971 advances) -- - $2,090,473,630 $2, 095, 019, 630 $2, 090, 473, 630
o n l y - - -_- - -- - - - Final year amounts -__. (t, 840, 473, 630) (1,875,019,630) (1,840,473,630)
12. District of Columbia (H.R. 14916) (Federal funds)- _ . 228, 842, 000 188, 691, 000 228, 842, 000
District of Columbia funds __.__ __. _ _-- -_-____ (751,975,300) (683,106,300) (752,944,300)
13. Defense (14.0. 1509D)---- --. 75, 278, 200, 000 69, 960, 048, 000 75, 278, 200, 000
14. 1 5 1 4 9 )_- - - - - - - - - - - --- - - - -- Foreign ---- ___ _ _______- -_ _____._ 3, 679, 564, 000 2,608,020,000 3, 679, 564, 000
15.Supplemerttaf(H.R.15209)------------- ---- .__ 298,547,261 244,225,933 314,597,852
Total, these bills-
As to fiscal 1970----------------------------- ___ _____ 134,719,895,614 128,021, 451,220
As to fiscal 1971___------ 425,000,000 395,000,000
$2,147,152,630 $2,143,738,630 +$53,265,000
(1, 947,153, 630) (1, 929, 738, 630) (+89, 265, 000)
173, 547, 000 168, 510, 000 -60, 332, 000
(657, 064, 600) (650, 249, 600) (-102, 694, 700)
69, 322, 656, 000 69, 640, 568,000 5,637, 632, 000
2, 718, 785, 000 2, 504, 260, 000 -1,175, 304, 000
296, 877, 318 278, 281, 318 -36, 316, 5:34
135, 200, 040, 881 5 129, 106, 910, 091 s 128, 829, 1(15, 491 5 -6, 370, 935, 390
1, 651, 000, 000 200, 200, 000 214, 000, 000 -1, 437, 000, 000
Total, 1970 bills including 1971 amounts-__ _ _ _- - _ _ -_ __ _ 135,144, 895, 614 128, 416, 451, 220 136, 851, 040, 881 5 129, 306, 910, 091 5 129, 043, 105, 491 5-7, 807, 9:35, 390
Bills for fiscal 1969:
1. Unemployment compensation (H J. Res. 414) _. - - --- 36, 000, 000 36, 000,000 36, 000, 000 36, 000, 000 36, 000, 000 ----
t 2. Commodity CrediCorporation (H.1. Res. 584)_ - _ _ _ _ _ 6 1, 000, 000,000 i 1, 000, 000, 000 6 1, 000, 000, 000 6 1, 000, 000, 000 6 1, 000, 030, 000 _ _ _
3. 2d supplemental (H.R. 11400) - _ _ _ _ . _ - _ _ _ - _ 4, 364, 006, 956 3, 783, 212, 766 4, 814, 305, 334 4, 459, 669,644 4, 352, 357, 644 461, 947, 690
Release of reserves (under Public Law 90-364)-------------------- -------- -- (82, 463, 000) (82, 766, 000) (79, 999, 000) (80, 230, 000) (80.23'0, 000) (+231, 0110)
Total, 1969 bills ---------------------------- .---- _-------- 5, 400, 006, 956 4, 819, 212, 766 5,850,305,334 5,495,669,644 5,388,357,644 -461,947,690
Cumulative totals -------------------------------------------- 140, 544, 902, 570 133,235,663,986 142,701,346,215 5134,802,579,735 5134,431,46:1,135 s-8,269,883,080
i In round amounts, the revised (April) budget for fiscal 1970 tentatively estimated total new
budget (obligational) authority for 1970 at $219,600,000,000 gross ($205,900,000,000 net of
certain offsets made fpr budget summary purposes only), of which about $80,700,000,000 would
become available, through so-called permanent authorizations, without further action by Congress,
and about $138,900,000,000 would require "current" action by Congress (mostly in the appro-
priation hills). Also, the April Review of the budget contemplates budget requests for advance
fiscal 1971 funding in 4 items totaling $1,661,000,000.
2 Reflects reduction of $175,000,000 for Appalachian highway program for 1970 and $173,000,000
for advance funding for 1971. Authorization Act provided for contract authority in lieu of new
obligational authority, with payments for liquidation to be appropriated later.
3 Although a reduction in the budget estimate of $86,972,50') is reflected in the total column of
Mr. GRIFFIN. Obviously, the adminis-
tration can spend no more money than
Congress appropriates, and, indeed, if
anything, it is spending less.
Mr. MANSFIELD. That is true. And I
am happy that the Congress appropriated
so much less than the administration
requested.
Mr. GRIFFIN. The Congress is doing
such a good job that the Federal Govern-
ment is going more and more into debt
every day. As the distinguished Senator
from Delaware (Mr. WmLiasgs) con-
tinues to point out, we are doing so well
that very soon it will be necessary again
to increase the ceiling on the national
debt. Obviously, we are not doing a good
enough job.
Mr. MANSFIELD. I would agree with
the Senator. He has stated a fact. We
have to live with it and try to do som.e-
thing about it. I hope that together we
will at least be able to alleviate the situa-
tion which confronts us, as the Senator
has so cogently pointed out. I am con-
fident-as I have said-that the Congress
can again effectively reduce the appro-
priations requested by the administration
and again do its utmost in the battle to
stabilize this economy.
Mr. HANSEN. I should like to add one
word to the colloquy that has just taken
place.
Let me say that I joined with the dis-
tinguished majority leader yesterday in
voting for several amendments that were
proposed before a motion on final action
came up before this body. I did that not
because it was my conviction that those
other civil service and Government em-
ployees were not eminently entitled to
a pay raise, but, rather, it came about
the bill, It must be made clear that the budget estimate column to the Senate includes $1,226,000,000
advance funding for ESEA for 1971 whereas none of these funds were included in the conference
agreement. Deducting the $1,226,000,000, from the budget estimate column gives a comparison
for fiscal year 1970 only and reflects the conference agreement over line budget estimates in the
amount of $1,139,027,500.
4 The budget estimate column to the Senate includes $1,226,000,003 advance funding for fiscal
year 1971 for ESEA denied by the Congress.
', Includes reduction of $346,776,624 in the Cotton amendment. sec. 410 of Labor-HEW appro-
priation bill, H.R. 15931.
6 Shifted from fiscal 1970 budget, a portion of which is technically classified in the budget as
'liquidation of contract authorization" rather than as new budget (obligational) authority.
because of my strong conviction that we
(to face a financial crisis in this country.
I believe that on March 23 we were
within $396 million of having approached
the legal limit of $377 billion that this
country can go into debt. How anoma-
lous it is that we have had balanced
budgets, and we keep having to increase
the national debt and we keep having
to borrow money to finance a balanced
budget.
It is a bunch of hokum, and it came
about because of the unified budget that
was put into effect in 1968. It is a farce.
It is a travesty. There is nothing accu-
rate about it. It simply tries to juggle
figures to make things appear better
than they really are. That problem must
be met head on, even though the raises
in salaries of many of our public serv-
ants are justifl d.:Even so, the wage in-
creases of these other employees ought
not be encased in the postal reform sit-
uation which is now before us.
I joined with the distinguished major-
ity leader yesterday several times in vot-
ing for amendments which would have
lessened the burden we were putting on
the Treasury by the action we finally
took.
The trouble with the 10-cent stamp
proposal and the trouble with the other
rather hastily put together proposals
that were made in order to finance this
added drain on our national budget is
that those proposals do not reflect the
considered judgment they deserve. I say
that because I firmly believe that postal
reform is long overdue.
I introduced the bill that was recom-
mended by the Koppel commission in
1968. No Democrat wanted to introduce
the President's proposal. I introduced it
because I thought it made sense, and I
still think it makes sense.
I think it is too bad that too many peo-
ple in Congress would rather keep in
their grasp the influence-the inordi-
nate influence-they presently exercise
over civil service and costal employee:';
and, as a consequence, they do not want
to take the step that most people agree
should be taken and must indeed be
taken if we are going to make order out
of the chaos which presently reflects the
situation in our Post Office Department.
Mr. MANSFIELD. Mr. President, will
the Senator yield?
Mr. HANSEN. I yield.
Mr. MANSFIELD. I think I should
state for the RECORD that, while,serving
in the House and the Senate, on at least
five different occasions l introduced pro-
posals which would take away from Con-
gress the right of appointment of post-
masters, because I felt that a more meri-
torious system of promotions based truly
on merit should be put into effect. We
never got anywhere with them.
Mr. HANSEN. We probably will not
this time. But I do think it ought not to
go unstated that the mood still exists.
It is too bad that some 84 percent of
the postal employees retire after a long
period of Government service in the same
grade they began. What incentives does
that sort of system offer any public ser-
vant? I think it is terrible. I think it is
time it was done away with. I hope Con-
gress will face up to the responsibility
that is now before it and see that we
change the system so as to give the
inducement and the encouragement that
is necessary in order to command top
performance.
I yield to the Senator from Idaho.
Mr. CHURCH. I thank the Senator.
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April 9, 1970'
CONGRESSIONAL RECORD= SENATE 65433
SENATE RESOLUTION 385-RESOLU-
TION SUBMITTED TO URGE THE
CALLING Or AN INTERNATIONAL
CONFERENCE QN NORTH PACIFIC
MARINE OIL POLLUTION
Mr. STEVENS. Mr. President, it is be-
coming increasingly clear that the United
States must. depend for its power and
fuel needs on oil that is transported from
remote places. Whether these locations
be Alaska, Venezuela, or the Middle East,
a major part of'the transporting will be
done by oceangoing tankers.
The Torrey Canyon incident has
shown us what can be done to the ocean
and beaches of the world by a leaking
oil tanker. A recent incident off the coast
of Kodiak Island in my State of Alaska
is another warning that the indiscrimi-
nate or accidental spilling of oil into our
oceans must be stopped.
This is an international problem. We
must take steps to resolve it at the in-
ternational level. As a first step, I am sub-
mitting a, resolution requesting an in-
tern'ational cpn.ferenee on marine oil pol-
lution in the North Pacific and the estab-
lishment of a joint United States-Ca-
nadian task force to provide leadership
and coordination in all aspects of oil pol-
lution prevention and abatement in this
region.
The Alaska State Legislature has con-
sidered this problem and has already is-
sued a call for the conference I am pro-
posing.
The State of Alaska has enacted and
enforces the strictest rules against oil
pollution anywhere in the world. The
regent incident off Kodiak Island, which
destroyed many miles of beach and killed
an estimated several thousand sea birds,
was reportedly the result of the discharge
of an oily ballast by a ship at sea, an
act over which the State has no jurisdic-
tion. The United States presently re-
quires that ballast not be discharged
within 50 miles of our coast. This is
clearly not an adequate safeguard.
However, it is not enough simply to
require our ships to stop this practice, al-
though such a step is naturally desirable.
We must seek an, international agreement
to assure that no ships continue this
practice. In light of the anticipated ship-
ping large quantities of oil , from
Alaska through the North Pacific, it
would seem natural to begin this process
with discussions concerning this region.
This is what my resolution seeks and I
ask unanimous consent that it be printed
in full in the RECORD at this point.
The PRESIDING OFFICER (Mr.
CRANSTON). The resolution will.be re-
ceived and appropriately referred; and,
without objection, the resolution will be
printed in the RECORD.,
The resolution (S. Res. 385), which
reads as follows, was referred to the
Committee on Foreign Relations:
S. RES. 385
Whereas it is becoming increasingly evi-
dent that man, IT he continues his, present
course of action, will not only pollute the
air, streams and lakes but also the oceans of
the world; and
Whereas the tragic episodes resulting re-
cently from oil spills in the waters of this and
Other nations make it painfully clear that if
man and his environment are to survive the
utmost care must be employed when explor-
ing for, extracting and transporting oil; and
Whereas Kodiak, Alaska has just suffered a
major disaster because an oil slick caused
by the pumping of oily ballast at sea has
reportedly covered an estimated 1.,000 miles
of beach and killed, a minimum of 10,000
sea birds; and
Whereas the tragic situation which now
exists is a mere preview of what may hap-
pen in the future if proper safeguards are
not established and followed in the trans-
porting of oil; and
Whereas the present federal regulation al-
lowing the pumping of ballast by oil tankers
50 miles from shore is totally inadequate to
protect the shores and wildlife of the nation;
and
Whereas, because Alaska's waterlanes will
be utilized to a great extent In future years
to transport oil to west coast ports, strong
precautions against oil spilling must be
initiated now; and
Whereas the United States should be a
world leader in establishing and enforcing
proper safeguards to prevent future oil pol-
lution of the world's seas;
Now, therefore, be it resolved, that the
United States Senate urges the convening
of an international conference on North
Pacific marine oil pollution, and the con-
sideration of the establishment of a perma-
nent United States-Canadian joint task force
to provide leadership and coordination in all
aspects of oil pollution prevention and'abate-
ment in this region. C n
e-- T__
ADDITIONAL COSPONSOR OF A
RESOLUTION
SENATE RESOLUTION 211
Mr. BROOKE. M;.. President, I ask
unanimous consent that, at the next
printing, the names of the Senator from
North Dakota (Mr. BURDICK) and the
Senator from Washington (Mr. MACNU-
soN), be added as cosponsors of Senate
Resolution 211, seeking agreement with
the Union of Soviet Socialist Republics
on limiting offensive and defensive stra-
tegic weapons and the suspension of test
flights of reentry vehicles.
The PRESIDING OFFICER (Mr.
SAXBE). Without objection, it is so
ordered.
RAIL PASSENGER SERVICE ACT OF
1970-REPORT OF A COMMITTEE-
MINORITY AND INDIVIDUAL
VIEWS (S. REPT. NO. 91-765)
Mr. MANSFIELD. Mr. President, on
behalf of the Senator from Indiana (Mr.
HARTKE), from the Committee on Com-
merce, I report, without amendment,
the bill (S. 3706) to provide financial
assistance for and establishment of a
national rail passenger system, to pro-
vide for the modernization of railroad
passenger equipment, to authorize the
prescribing of minimum standards for
railroad passenger service, to amend sec-
tion 13(a) of the Interstate Commerce
Act, and for other purposes, and I sub-
mit a report thereon.
Mr. President, I ask unanimous con-
sent that the report be printed, together
with the minority; views of Senators
COTTON, GRIFFIN, and BAKER, and the in-
dividual views of Senators BAKER and
PROUTY.
The PRESIDING OFFICER (Mr. BYRD
of West Virginia). The report will be re-
ceived and the bill will be placed on the
calendar; and, without objection, the
report will be printed, as requested by
the Senator from Montana.
AMENDMENT OF COMMUNICATIONS
ACT OF 1934 RELATING TO EQUAL-
TIME REQUIREMENTS FOR CAN-
DIDATES FOR PUBLIC OFFICE-
AMENDMENT
AMENDMENT NO. 550
Mr. PASTORE submitted an amend-
ment, intended to be proposed by him,
to the bill (S. 3637) to amend section 315
of the Communications Act of 1934 with
respect to equal-time requirements for
candidates for public office, and for other
purposes, which was Ordered to lie on
the table and to be printed.
(The remarks of MT.:PASTORE when he
submitted the amendment, which appear
earlier in the RECORD under the appro-
priate heading.)
ESTABLISHMENT OF A FEDERAL
BROKER-DEALER INSURANCE
CORPORATION AMENDMENT
AMENDMENT NO. 851
Mr. MUSKIE submitted an amend-
ment, in the nature of a substitute, in-
tended to be proposed by him, to the bill
(S. 2348) to establish a Federal Broker-
Dealer Insurance Corporation, which
was referred to the Committee on Bank-
ing and Currency and ordered to be
printed.
ENROLLED JOINT RESOLUTION
PRESENTED
The Secretary of the Senate reported
that on today, April 9, 1.970, he presented
to the President of the United States the
enrolled joint resolution (S.J. Res. 190)
to provide for the settlement of the labor
dispute between certain carriers by rail-
road and certain of their employees.
ADDITIONAL STATEMENTS
OF SENATORS
MONTANA'S PRIDE
Mr. MANSFIELD. Mr. President, the
91-piece Columbia Falls High School
Band with 25 chaperons will leave Mon-
tana for Calgary, Alberta, on April 26,
to proceed from there for Europe for a
3-week tour.
When the drive began last fall to send
the Columbia Falls High School Band
to Europe, very few people though it
would succeed. Thanks to the tremendous
drive and organizational ability of such
citizens as Basil Everin and Cecil Hud-
son, the sum of $13,000 was achieved, and
as a result will take care of the band
members' food, lodging, and bus fare in
Europe. The chaperons who willbe going
along with the students are paying their
own expenses, and the students them-
selves have bought their plane tickets
and passports.
The idea of such a trip originated with
Mrs. Richard Edsall, who thought it
would be 'a good idea for her native Ger-
many to see the very best of American
youth. Montana interest in the Columbia
Falls High School Band has been tre-
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S 5434
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CONGRESSIONAL RECORD -SENATE April 9, 1970
mendous. The Whitefish Rotary gave The Colum.blans, dance orchestra of the
$100, the Kalispell Rotary over $300, the band, has played at different functions, with
Kalispell Elks $400, the Whitefish Junior Proceeds to Band to Europe. This included
High School $25, the seventh and eighth about $400 from the Big Mountain Medical
graders at Fortine $5, the Browning Association conference.
Leading gifts from Columbia Falls busi-
ness district, in addition to the Bank of
Circle at Vida $5, Ron Sherman-Redo Columbia Fails, is Melby's Flathead Furni-
taxi driver and park summer horse ture, $200, and Kreger Drug, $100. There
packer-$10, the Cherry Hills 4-H at Big have been several $75 gifts, and a number
Fork $5, the Columbia Fails Chamber of of $50 and $25 checks. Likewise appreciated
Commerce $300, the Bank of Columbia are the many $5 and $10 checks. A full list
is being prepared.
Falls and the Anaconda Aluminum Co. Everin commented that checks have come
$1,000 each, the First National Bulk of from coast to coast.
Kalispell $150, and many others did like- ANNOUNCE 13TOFS, HOTELS
wise. . IN EUROPE
My congratulations to this outstanding Updated i9 erary for Columbia Falls High
band, which I know will represent the School's Bxhd to Europe expedition was an-
nounc "by Basil Everin, president of the
Flathead, the State of Montana, and
the Nation with distinction and dignity. parents committee.
I wish them the best of everything in The' 91 bandsmen and 25 chaperons will
depg'rt by Pacific Western Airlines Boeing 707
their trip abroad, and I stand ready to jettat 3 p.m. April 25 from Calgary to Amster-
help them in any way I possibly can to d There may be refueling in Greenland
make sure this trip is successful. it is a Iceland.
feather in the cap of Columbia FaL. it Everin also provided shortest distances in
is a fine undertaking by an outstanding lometers (.62 of a mile equals a kilometer),
group of youngsters, and it is a credit to and noted that stays in most cases were
f
t
or
wo days. Most :hotels are youth hostels.
the United States of America that such
Here's the schedule:
an aggregation with such talent is rep- Arrive In Amsterdam, 8:45 a.m., April 27;
resenting us in Europe. 117 kilometers by bus to Nijmegen, The
Mr. President, I ask unanimous con- ' etherlands, Hotel Esplanade; 242 Km. Ko-
sent that a number of articles published klenz, Germany, Hotel Reinhard, April 28-
in the Hungry Horse News be printexi in 2 ' 219 Km, Pforzheim, Germany, April 3o-
the RECORD. Ma i; 5b KID, Esslingen, Germany, Hotel
There being no objection, the articles Rose u, May 2-3.
were ordered to be printed in the Record, Koli 2png 4 5Wap to Lucerne, Switzerland, Hotel 307 Km, Innsbruck, fnilrone-
GOAL NEAR FOR BAND
(By Mel Ruder)
Fantastic drive in small town Montana to
send a high school band on European tour
is within $2,000 of its goal.
The 91 member Columbia Falls High School
Band will fly from Calgary to Amsterdam
April 26, and return May 17 after touring
and presenting concerts in the Netherlands,
Germany, Switzerland and Austria.
Idea started with Mrs. Richard Edsall, Hun-
gry Horse, who was back in her native land
last year, and unhappy at Impression Ger-
mans had of young America, She felt the
cure was to send the Columbia Falls High
School Band to Europe, and started the drive.
Target is $15,000 to cover transportation,
lodging and meals for band in Europe.
In addition the students have paid $223
round-trip airfare plus $12 passport charge.
There are also 2F M-, ....... ....... _...a
aaaoci sue iviay o; I'll Km, Salzburg,
Austria, Hotel Ho sit May 7-8; 294 Km,
Nuremburg, Germany, tel Berg, May 9-10;
264 Km, Mainz, Germany, otel Stiftswin-
gert, May 11-12; 234 Km, Aac Germany,
May 13-14; 239 Km, Amsterdam, erlands,
May 15-16 with departure io a.m., ay 17
f
or Calgary and home.
ADD HOLLAND CONCERT FOR
EUROPE
TASK FORCE ON ENVIRONMENTAL
EDUCATION AND YOUTH ACTIVI-
TIES
Mr. SCOTT. Mr.
State of the Union
Nixon emphasized:
President. In his
Address, President
The moment has arrived to harness the
vast energies and abundance of this land
for the creation of a new American experi-
ence, richer and deeper and more truly a
reflection of the goodness and grace of the
human spirit.
The 1970's will be a time of new be-
ginnings and it is essential that our pur-
pose in this period should not be simply
better management of the programs in
the past but a quest for a new quality
of life in America. The enhancement of
our natural environment is a major task
now before us and the future of this
environment has been taken up by our
young people with great commitment
and enthusiasm.
They are concerned not with rhetoric,
but with deeds, not with study, but with
action, and it is now essential that the
Federal Government open its doors and
prove that it can respond.
Last Monday, Secretary of the Interior
Walter J. Hickel, at the Alf Landon lec-
ture series at Kansas State University, in
Manhattan, Kans., announced the for-
mation of a task force on environmental
education and youth activities to coor-
dinate education and action programs
involving youth and the environment.
The task force's immediate projects
include being the liaison group for the
student councils on pollution and the
environment-SCOPE---and the making
of recommendations for the creation of
a National Environmental Control Or-
ganization--ECO).
Through SCOPE, the Federal Gov-
ernment is showing that it nays to listen
as
ll
t
lk
we
as
a
and possibilities are be-
An additional concert has been scheduled\ ing explored for expanding SCOPE into
by the Columbia Falls High School Band on
their April 26-May 17 European tour \ian interdepartmental organization so it
.
Basil Everin, president of Band to Europe, an have an impact on all Federal agen-
said the 91 musicians have been Invited to hies working on land, air and water pol-
play at William Eggert School In Purmerent l tion problems.
just north of Amsterdam. ECO has been proposed by the Secre-
- --------- -- -
Germany and Austria where t
he band will p
transportation, lodging and meal costs in to Europe continue to arrive daily and total r Mr. President, I believe that the Sec-
Europe: Total cost of the expedition exceeds now exceeds the $13,000 goal which will take rietary of the Interior should be con-
$40,000. care of chartered buses in Europe, meals and kratulated for his leadership in moving
Basil Everin is president of the Band to lodging for band members. Students are tak- /to mobilize the energies of our youth in
Europe committee with Cecil Hudson, treas- ing- care of their own $223 charter round / this great environmental crusade.
urer. trip flight tickets and $12 passports. Chap-? Mr. President, I also ask unanimous
Donations continue to arrive at P.O. Box erons .are paying $250 for airfare plus theif consent that a news release and the
X, Columbia Falls. expenses in Europe. consent
Everin and Hudson noted largest check-. Everin expressed appreciation in behalf/of Secretary's remarks in Kansas be printed
$1,000-was voted by Bank of Columbia .Falls the Band to Europe committee for the ,tine in the RECORD.
directors, Tuesday. suPPort. Money being received over/// the There being no objection, the news
They expressed appreciation for all sums $13,000 goal Is being used to help piichase release and remarks were ordered to be
new uniform
i
d
l
s an
nc
uding the number of $1 bills, the resi-
pay for liability in~ys(firanoe, printed in the RECORD, as follows:
dents at Montana veteran,' u.,,,,e m,.,, For three-fourths of the studen the u
that keep arriving. - scerdam will be their first mane flip. They Apr. 6, 19701
Whie$sh Junior High sent $25, Grandview will fly in a chartered Westeri:_paaific Air- TASI FORCE ON ENVIRON RENTAL EDUCATION
lines Boein
707
S
me
-
g
upre
4
H $5, Kalispell Rotary, $149;
. AND YouTH AcinvrriEs
Whftefisu notary, $100; Columbia Falls CHAPERONS MEETING Secretary of the Interior Walter J. Rickel
Chamber of Commerce, $300 in two checks; All chaperons are to meet Monday, 7:30 today announced the formation of a "Task
Kalispeli'Elks, $300; Whitefish Soroptirn sts, p.m., in the bank meeting room. Chaperon Force on Environmental Education and
$100. committee, Mrs. Everin, chairman, has as- Youth Activities" to coordinate educational
Plum Creek Lumber Co. gave $400; Stoitze signed five students to chaperons. General and action programs involving youth and the
Land and Lumber, $250; Rocky Mountain meeting for all parents, band members and environment.
and Superior Buildings, $100 each; Equity chaperons takes plexe April 14. Howard "The condition and the future of our en-
Supply, $150.
Whitney of the Border Patrol will attend, vironment have been taken up by American
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April 15, 1970 CONGRESSIONAL RECORD - HU
tion Service medal, :Europe and Asia Clasps; shattering chr going forward today-in that chief 1JusticeiTaft was the moving
China Service Medal; National Defense Serv-
ice Medal with bronze star; Armed Forces the American bar associations, in state spirit behind the Judiciary Act of 1925
Expeditionary Medal; Vietnam Service Medal; and local bar groups, in judicial con- which allowed the supreme court to
Philippine Defense Ribbon; and the Republic fereriCeS. regulate its caseload through its Crt10-
May y 196 was 4m Campaign Medal with device. In What I propose is quite limited, but rari jurisdiction. Taft was also active De- certio-
May
catur Award for operational onal the Stephen competence by y it is a first step from which we can all in other matters affecting the Federal
I believe it would be wholly
the Navy League of the United States and thee pinnacle of the American legal sys- juThusdiciary.
on June y Admiral LMoorer aws was awarded
the Honorary Doctor of Laws Degree by Au- tern stands the Chief Justice of the proper and appropriate for the Chief
burn University, Auburn, Alabama. United States. It is not only his respon- Justice to appear before us to set out the
He also has been decorated by ten foreign sibility to lead our High Court in its de- problems and needs of the Federal ju-
AVIS) , governments Greece eece (Silver St (Mia Medal, First Class), of cisionmaking, but also he is really ad- diciary. After all, the principle of separa-
Ja a (Double Rays of the Rising First Class),
public (ofChina(Medalof ao-Ting) and andlleadere of head the o Judicial Conference. otion of ur Govenmentlis tightly sshutoff from
(Medal of Cloud and Banner with Special His perspective is that ranging over the the others; it is that they deal at arms
Grand Gordon), Philippines (Legion of entire system-the strong points and the length with each other. There are many accomm Honor), Brazil (Order of the Naval Merit, soft. His experience and reflections and Careas of ongress sutual source of d the ti ev Hues
Grande Official), Chile (Gran Estrella al perspective would provide noteworthy
Merit 1st Class), Republic (order examples for the States struggling with without which the courts cannot func-
Merito Militar), V public ic of f Korea Naval
of National Security Merit, 1st Class), the same problems as are the Federal statutory and while Congress must the
m ceuhe
Netherlands (Grand Cross, Order of Oranje- courts. st tu keep n y abreast enable times, is iourts
Nassau with Swords). And yet we make inadequate use of the that re st of th s, it it is n in-
thinking o completely es and
Admiral Moorer is married to the former Chief Justice's nonjudicial, essentially bent bent that the be fully and
fouricEllen Foy o Eufaula, Alabama. Ma. He has administrative expertise. Congress an- formed l administrators.
four children, Thomas Randolph, Foy, Ellen That is all I propose. I i;hink we would
(Mrs. David David Butcher), Richard Foy, and nually receives the report of the Judicial judicia
Robert Hill Moorer. His official residence is Conference which contains useful basic be well is all to adopt the proposal we would
402 Barbour Street, Eufaula, Alabama. information and statistical data. Al-
though it is printed as a House document
I am sure it goes largely unnoticed in THE PRESIDENT'S SUPREME
CHIEF JUSTICE SHOULD DELIVER the mountain of paperwork issued by COURT APPOINTMENT
SPEECH ON THE STATE OF THE Congress. (Mr. QUILLEN asked and was given
JUDICIARY TO JOINT SESSION OF We need to increase the visibility of
CONGRESS the Chief Justice and the thoughts of permission to address the House for 1
Mr. SCHWENGEL asked and was the Judicial Conference. We must in- minute and to revise and. extend his re-
given and include extraneous matter.)
giveri permission to address the House crease public awareness of the necessi- Mr. QUILLEN. Mr. Speaker, yesterday
for 1 minute and to revise and extend ties. We must educate ourselves and ,he the President went to Minnesota to find
his remarks.) public, because without the awareness anew Associate Justice of the Supreme
Mr. SCHWENGEL. Mr. Speaker, on and the education we may well not make Court.
the 22d of November in 1800 the the expenditures and the legislative re- And the appearances are that he made
President of the United States, making visions which will be required. an excellent choice.
the first speech at the Capitol said: The proposal, then, is a simple one. fact, I would say that from most
I cannot omit once more to recommend We are all familiar with the President's respects Judge Blackmun is qualified to
to your serious consideration the judiciary state of the Union message. Why not a serve on the Supreme Court as were
Is msystemore interesting United than states. this t to No the public the public state of the judiciary message by the Judge Haynsworth and Judge Cars-
happiness, and to none can those improve- Chief Justice? He could inform us of the well. Much to my regret, he is not a
meats which may have been suggested by problems and suggest solutions. He could southernMucer.
I ex-
experience, be more beneficially applied. open a dialog between Congress and the Because he is not a southerner,
So spoke John . Adams when the Capi- administrative side of the courts. Bud- pect that he will be quickly confirmed.
tol was moved to Washington. getary problems could be explained Mr. Speaker, that brings me to my
In response to this and in response forthrightly. The thinking of the Ju- point, which is the same as the Presi-
to the suggestion by the present Chief dicial Conference on matters like staff- dent's-no southerner, it, appears, can be
Justice of the Supreme Court I am today, ing, facilities, selection, retirement, and appointed to the Supreme Court so long
along with several colleagues, Mr. GROSS, other matters could be presented. The as the composition of the Senate remains
Mr. KYL, Mr. MAYNE, and Mr. TAFT, question of revising-the jurisdiction of unchanged.
Introducing a resolution to call for a the Federal courts, perhaps along the There is a southern bias in the Senate.
joint session of Congress and invite the lines of the recent American Law Insti- It is evident, it is obvious. Northern lib-
Chief Justice to come here and speak to tute proposals, could be discussed frankly eral Senators are deliberately doing what
us on the state of the judiciary. and clearly. they accuse others of: they are polarizing
'Mr. Speaker, the courts of this Na- The point, Mr. Speaker, is that there and separating the Nation along regional
tion face a crisis. The dockets of our are innumerable subjects about which and geographic lines. They are defying
urban courts, both Federal and State, the Chief Justice could speak which and thwarting the President's efforts to
are crowded and the backlog grows. would in no way get us into problems of bring this country together. Mr. Speaker,
The problem may be spreading to oth- separation of powers. The Chief Justice I wish to go on record that as one Mem-
er areas, especially as population growth would not discuss or allude to litigation her of the Congress from the South, I
continues. Trials long delayed present a or to matters solely within the preroga- personally resent this :narrow northern
serious' problem of harm to criminal de- tives of the Federal courts. The things I attitude and will do whatever I can to
fendants and to the public, as well as to have in mind relate to those matters on fight it.
all sides in civil litigation. And the courts which the Congress does and must legis- Perhaps after November, or when Jus-
are under a concerted attack from the late in any event. Both Houses have tice Douglas is impeached, it will be pos-
radical left which apparently intends by passed bills increasing the number of sible for a southerner to be nominated
disruptive tactics to bring them to a halt. judges. In a recent Congress we abol- and confirmed to the Supreme Court. It
Public confidence has been weakened ished the commissioner system in the is about time. ~
because of recent disclosures, which have Federal district courts and created a _,r~Z,
reached to members of the highest court system of magistrates. Congress has dele- STRATEGIC ARMS LIMITATION
in the land. gated rulemaking powers but reserved TALKS
Extraordinary times require that we the right to alter rules by statute. A
be bold in seeking resolution of these member of the Court, as well as adminis- (Mr. ROTH asked and was given per-
problems. But today I recommend to the trative personnel, regularly appears be- mission to address the House for 1 min-
a bold innovtive reform, not fore the appropriations
net a precedent regard to the budget of the judic aryth and include extraneous tmatter) (marks ute and to revise and
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H 3112 CONGRESSIONAL RECORD -HOUSE April 1.5, 19-o
Mr. ROTH. Mr. Speaker, tomorrow CONDUCT OF ASSOCIATE JUSTICE conflict
at Vienna, Austria, the United states of interest. They were described
DOUGLAS
and the union of Soviet socialist Repub- as somewhat watered down from the
lies will open talks which could result in The SPEAKER Pro tempore. Under a strict proposals of former Chief Justice
the most critical negotiations on arms previous order of the House, the gentle- Warren at the time of the Fortas affair.
and other matters ever undertaken and man from Michigan (Mr. GERALD R. In any event, they are not binding upon
and other that this body-represent- un a taFORD) is recognized for 60 minutes. the Supreme Court.
it ative of all Americans-should this y note the (Mr. GERALD R. FORD asked and Neither are the 36-year-old Canons of
ative of
a of these talks with a rteohe was given. permission to revise and ex- Judicial Ethics of the American Bar A,~-
b
tion of of egi n support and talks hope that they tend his remarks.) sociation, among which are these:
result in understanding which will bene- Canon 4. l cAvoida
uct of d propriety. ,, nce judge's fit the cause of national seeur. ty and, CALL OF THE HOUSE impropriety official and the should be free pro.
world peace. and h appearance of imrnpriety; he The resolution which I am introducing
Mr. HOWARD. Mr. Speaker, I make and his personal lbehfl or, not onlnu oonlthe
at this time does express the unreserved the point of order that a quorum is not Bench and in the performance of judicial
support of this body for the strategic present, duties, but also in l 0s everyday life, should
arms limitation talks. The SPEAKER pro tempore. +wi be beyond reproach.
The Government of the United States dently a quorum is not present. Canon 24. inoonsistf'nt Obligations, A Judg,a
enters these discussions with represents- Mr. ALBERT. Mr. Speaker, i move a incur should not accept pecon iary t duties: nor
fives of the discussions
Union with serious call of the House. which will In n any obligations, way interfere or or otherwise,
appear to
ion
purpose. A Call of the House was ordered. interfere with his devvotion to the he ex expe-
We cannot accurately predict: what The Clerk called the roll, and the dittous and proper administration of his of-
these talks might fully achieve; they following :Members failed to answer to ficial function.
may, in fact, end without any success. their names: Canon 31, Private Law emetics In ,.,9,,,F
weakness and that peace does not come
through wishing for it.
We recognize these talks are likely to
be long and complicated. In my mind,
however, the constructive atmosphere of
the initial talks in Helsinki is a good sign
for the future; I am certain my col-
leagues share my hope that the same
atmosphere and down-to-earth negotia-
tions continue in Vienna.
Our hopes are that in the future the
wealth of nations-of all nations--can
be transferred safely and without fear
from the building of arms. It is, with
that intent and with the hope that the
beginning in Vienna is a moment in his-
tory which sets a course for good for the
centuries, that I offer this resolution and
urge its support by all Members:
H. RES, 919
A resolution expressing the support of the
House of Representatives with respect to
the strategic arms limitation talks, and for
other purposes
Whereas the preparations for the Strategic
Arms Limitation Talks have involved the
most intensive study of strategic arms prob-
lems ever made by the Government of the
United States of America or any other gov-
ernment;
Whereas the Government of the United
States of America and the Government of
the Union of Soviet Socialist Republica. open
talks on April 16, 1970, which could result in
agreement to limit arms and other matters;
Now, therefore, be it
Resolved, That the House of Representa-
tives hereby expresses its unreserved support
for the talks which begin April 16, 1970, on
the limitations of strategic arms between the
Government of the United States of America
and the Government of the Union of Soviet
Socialist Republics.
Be it further resolved, That it is the sense
of the House of Representatives that-
(1) prompt negotiations between the Gov-
ernments of the United States of America
and of the Union of Soviet Socialist Repub-
tics to seek agreed limitations of both offen-
sive and defensive strategic weapons should
be urgently pursued; and
(2) the President should in such negotia-
tions Propose- to the Government of the
Union of Soviet Socialist Republics an inrrne-
diate suspension by the United States and
by the Union of Soviet Socialist Republics of
the further deployment of all offensive and
defensive nuclear strategic weapons systems,
subject to national verification or such other
measures of observation and inspection as
may be appropriate,
Abbitt
Anderson,
Tenn..
Ashbrook
Ayres
Baring
Barrett
Bolling
Bow
Broomfield
Brown, Calif.
Burton, Utab
Bush
Button
Byrne, Pa.
Cabell
Carey
Celler
Chisholm
Clancy
Clark
Clay
Culver
Daddario
Davis, Win
Dawson
de la Garza
Dellenback
Dent
Diggs
Dingell
Edwards, Calif.
Erienborn
Each
Evins, Tenn,
Fallon
Feighan Murphy. N.Y.
Findley Nedzi
Fulton, Pa. Nix
Garmatz Ottinger
Gialmo Patmar=.
Gross Pepper
Gubser Poff
Hanna Powell
Hansen, Idaho Price, Tex.
Ha:rsha Quie
Hawkins Riegle
Hebert Roberts
Heckler, Mass. Rooney, N.Y,
Holifield Rooney, Pa,
Hu:ngate Rosenthal
Jarman
Jonas
Korth
Kee
Kirwan
Ku:7kendall
Lan gen
Lennon
Lowenstein
Lukens
McCarthy
McMillan
Martin
Meskiil
Mic1Tel
Miller, Calif. Vigorito
Mize White
Mollohan Whitten
Moorhead
Murphy, Ill.
Judicial position is forbidden ... If forbid-
den to practice-law, lie should refrain from
accepting any professional employment while
in office.
Following the public disclosure last
year of the extrajudicial activities and
moonlighting employment of Justices
Fortas and Douglas, which resulted in
the resignation from the Supreme Bench
of Mr. Justice Fortes but not of Mr. Jus-
tice Douglas, I received literally hundreds
of inquiries and protests from concerned
citizens and colleagues.
In response to this evident interest I
quietly undertook a study of both the
law of impeachment and the facts about
the behavior of Mr. Justice Douglas. I
assured inquirers that I would make my
findings known at the appropriate time.
That preliminary report is now ready.
Let me say by way of preface that I am
a lawyer, admitted to the bar of the U.S.
Supreme Court. I have the most profound
respect for the U.S. Supreme Court. I
would never advocate action against a
member of that Court because of his
political philosophy or the legal opinions
which I-
The SPEAKER pro teinpore. On this th
e Court. cMr. Justice to the decisions of
Douglas has been
rolleall 326 Members have answered to criticized for his liberal opinions and be-
their names, a quorum, cause he granted stays of execution to
By unanimous consent, further pro- the convicted spies, the Rosenbergs, who
ceedings under the call were dispensed stole the atomic bomb for the Soviet
with. Union. Probably I would disagree, were
I on the ben h it
c
h
CONDUCT OF ASSOCIATE
DOUGLAS
St Germain
Satterfield
Schauer
Schneebeit
Shipley
Sikes
Skubitz
Slack
Smith, N.Y.
Springer
Stuckey
Sullivan
Taft
Teague, Calif,
Teague, Tex
The SPEAKER pro tempore. The gen-
tleman frorrr Michigan (Mr. GERALD R.
FORD) is recognised for 60 minutes.
Mr. GERALD Ft. FORD. Mr. Speaker,
last May 8 I joined with the gentleman
from Ohio (Mr. TAFT) in introducing
H.R. 11109, a, bill requiring financial dis-
closure by members of the Federal ju-
diciary. This was amid the allegations
swirling around Mr. Justice Fortas. Be-
fore and since, other Members of this
body have proposed legislation of similar
intent. To the best of my knowledge, all
of them lie dormant in the Committee
on the Judiciary where they were re-
,
most of Mr. Justice
Douglas' views, such as his defense of the
filthy film, "I Am Curious (Yellow)." But
a judge's right to his legal views, as-
suming they are not improperly influ-
enced or corrupted, is fundamental to our
system of justice.
I should say also that I have no per-
sonal feeling toward Mr^. Justice Douglas.
His private life, to the degree that it does
not bring the Supreme Court into disre-
pute, is his own business, One does not
need to be an ardent admirer of any
judge or justice, or an advocate of his
life style, to acknowledge his right to be
elevated to or remain on the bench.
We have heard a ;great deal of dis-
cussion recently about: the qualifications
which a
'-? '- - -
so shou
On March 19 the U.S. Judicial Con- possess to be elevated to the U.S. Su-
ference announced the adoption of new sufficient consideration given, in bmyy
ethical standards on outside earnings and judgment, to the qualifications which a
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