ACTION OF PRESIDENT JOHNSON IN DOMINICAN REPUBLIC

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000500120032-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 15, 2016
• Document Release Date: September 22, 2003
• Sequence Number: 32
• Publication Date: May 6, 1965
• Content Type: OPEN

M.f1.y 6, 1965
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CONGA SS1ONAL RECD tD - SENATE ` j CV 9483
successfully maintained its freedom in
spite of the hostility of many of its
neighbors.
It is essential to all free nations that
Israel's independence be maintained.
Insofar as I can affect it, the U.S. Gov-
ernment will continue to use its influ-
ence to assure that this progressive,
pioneering nation remains free to pre-
serve and strengthen its tradition of
democracy.
Mr. TYDINGS. Mr. President, on this
date 17 years'ago, a new and yet old na-
tion took its place in the world commu-
nity-the State of Israel.
In these 17 years, Israel has achieved
an enviable record of progress in almost
every field of human endeavor. Her in-
dustry is rapidly expanding: Her agri-
cultural output has soared as new lands
and resources were brought into produc-
tive use: And the standard of living and
per. capita income of her inhabitants is
increasing at one of the highest rates
in the world.
During this period of rapid develop-
ment, Israel has remained free and inde-
pendent, she has remained steadfastly
committed to democratic government,
and she has remained firm to her com-
mitment to the principles of social jus-
tice.
In recent years, Israel has begun to
make its talent and technology available
to other, less fortunate nations, in an
effort to help others help themselves.
On this anniversary, then, I join my
colleagues and all Americans in congrat-
ulating Israel on her past progress, and
in expressing the conviction that this
Nation will continue to provide an exam-
ple to others.
AMENDMENT OF TITLE 28, UNITED
STATES CODE, RELATING TO UN-
LAWFUL SEIZURE OF AMERICAN
PROPERTY BY FOREIGN GOVERN-
MENTS
Mr. ERVIN. Mr. President, on Tues-
day, May 4, 1965, I introduced the bill
(S. 1894) to amend title 28, United States
Code, to provide means of redress for the
unlawful seizure of American property
by foreign governments. I ask unani-
mous consent that the bill may be
printed in the RECORD, at this point.
There being no objection, the bill was
ordered to be printed in the RECORD, as
follows :
S. 1894
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That (a) sec-
tion 1332, title 28, United States Code, is
amended by-
(1) redesignating subsections (c) and (d)
thereof as subsections (d) and (e), respec-
tively; and
(2) inserting therein, immediately after
subsection (b) thereof, the following new
subsection:
"(c) If the matter in controversy in any
such action involves, or arises out of, an act
of a foreign state in violation of general
principles of international law, or of a treaty
to which the United States and the foreign
state are signatoires, it shall be no bar to the
maintance of the action that it is brought
against a sovereign state, without its con-
sent, or that it involves the validity of official
acts of such state."
(b) Section 1655, title 28, United States
Code, is amended by adding at the end
thereof the following new paragraph:
"In any such action by an American citizen
or corporation, involving or arising out of an
act of a foreign sovereign in violation of the
general principles of international law, or
of a treaty to which the United States and
such foreign sovereign are signatories, it shall
be no bar to the maintenance of the action
that it is brought against a foreign state,
without its consent, or that it involves the
validity of official acts of such state."
Sec. 2. (a) Title 28, United States Code, is
amended by inserting therein, immediately
after section 1655, thereof, the following new
section:
1655A. Lien enforcement; property of
foreign states
"It shall be no objection to the issurance
of mesne or final; process with respect to
property, as provided by rule 64 of the Rules
of Civil Procedure promulgated under this
title, that the property is owned by a foreign
state, if it is used in or acquired from com-
mercial activities by such foreign state, or
has been acquired by it as a result of acts
against an American citizen' or corporation
in violation of general principles' of inter-
national law or of a treaty to which the
United States and the foreign sovereign are
signatories."
(b) The analysis of chapter 111, title 28,
United States Code, is amended by adding
thereto, immediately after the item relating
to section 1655 thereof, the following new
item:
"1655A. Lien enforcement; property , of
foreign states."
Mr. PROUTY. Mr. President, there
has been a great deal of thought and dis-
cussion recently about our balance-of-
(payments problem. Unfortunately, as
has so frequently happened in similar
situations in the past, much of this
thought and discussion has been in a
negative vein. Tuesday of this week,
however, Mr. Juan T. Trippe, chairman
and chief executive officer, Pan Amer-
ican World Airways, a man not inclined
to negative thinking, proposed a positive
program of action in support of the vol-
untary effort undertaken by U.S. indus-
try, at the request of the administra-
tion, to ease the country's balance-of-
payments problem.
The Pan Am program will provide a
30-percent increase over last summer's
transatlantic service, and will include:
new low-fare charters, at rates 36 percent
below present rates, offered on a large
scale for residents of Western Europe, to
permit more Europeans to visit the
United States this summer, as well as in-
creased air service between the United
States and Europe to offer more oppor-
tunity for U.S. citizens, who wish to do so,
to assist in easing the payments prob-
lems by making their transatlantic trips
aboard U.S.-flag airliners.
Mr. Trippe, at the company's annual
stockholders' meeting, at the Commo-
dore Hotel in New York City went on to
point out that Pan Am will increase its
lift capability by 30 percent over 1964,
notwithstanding the fact that only a 15-
percent increase in transatlantic traf-
fic is predicted for the 1965 season.
Mr. Trippe also announced that 1964
was the first year in which revenue from
air cargo exceeded 10 percent of the
company's gross revenues.
ACTION OF 'PRESIDENT. JOHNSON
IN DOMINICAN. REPUBLIC
Mr. LONG of Missouri. Mr. President,
on May 4, the St. Louis Globe-Democrat
published an editorial expressing its full
support for the decisive and correct ac-
tion of President Johnson: in the Domin-
ican Republic. The editorial with high
praise went on to comment on the Presi-
dent's courage and wisdom in the Stan-
leyville rescue operation and Vietnam.
I find myself in complete accord with
the editorial's high commendation of
President Johnson's policies in meeting
the challenge of Communist aggression
and subversion. The President has
proven himself a true leader in the cause
of freedom. I believe the editorial would
be of interest to the Senate. Therefore,
I ask unanimous consent that the edito-
rial "Lyndon Johnson's Finest Hour" be
printed at this point in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
LYNDON JOHNSON'S FINEST HOUR
U.S. intervention in the Dominican Re-
public is totally justified by events in that
tiny Caribbean nation. The revolution had
created conditions of chaos in the capital.
Communist conspirators had seized direction
'and control of the revolt. The lives of thou-
sands of Americans and other nationals were
endangered.
"In this situation hesitation and vacilla-
tion could mean death for many of our peo-
ple, as well as many of the citizens of other
lands." So spoke the President in his splen-
did address to the world Sunday night.
Lyndon Johnson did not hesitate or vacil-
late. He acted instantly, courageously, and
correctly.
Freemen everywhere will admire this dis-
play of strength. And the Nation will ad-
mire his decisiveness and his determination
that there will be no more shameful tragedies
like Cuba in the Caribbean and the Western
Hemisphere.
With that mission of mercy into Stanley-
ville, with the presidential decision to punish
the North Vietnamese aggressors daily, with
this decisive stroke to abort a Communist-
supported coup on the island of Hispaniola,
Lyndon Johnson has demonstrated a resolve
to stand up to communism, to punish aggres-
sion and to defend just Western interests
such as we have not seen in the White House
in years, if not decades.
Those millions upon millions of Americans
who have. yearned for the type of leadership
and purpose, so evident Sunday from the
White House, ought to let their Government
know of their support. The American people
should no longer leave the public podium
to sophists, appeasers, pacifists, and confused
and frightened professors.
The New York Times maintains the Presi-
dent did not give sufficient documentation
for his charge of Communist expropriation
of the revolt.
As the President explained, he acted upon
the unanimous advice of the knowledgeable
Americans in the Dominician Republic. It
was an emergency, calling for decision. There
was no time to call the Security Council or
the Organization of American States into
debate. We might have paid for our hours of
debating in the coin of innocent American
blood. The evidence of Reds in the Domini-
can revolt seems adequate and convincing.
The OAS should now be given the full case
of Castroite and other Communist involve-
ment in this revolt. Then the time will be
at hand for something more meaningful
than diplomatic and political sanctions
against the Communist megalomaniac who
rules in Havana.
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CONGRESSIONAL RECORD.- SENATE May 6, 196.5
Should the OAS fail to act against Cuba,
we might hearken to the words of a former
President, which were regrettably a sub-
stitute for action:
"Should it over appear that the inter-
American doctrine of noninterference mere-
ly conceals or excuses a policy of nonaction;
if the nations of this hemisphere should fail
to meet their commitments against outside
Communist penetration, then I want it clear-
ly understood that this Government will not
hesitate in meeting its primary obligations
which are the security of the Nation."-
John F. Kennedy, April 20, 1961.
In the Dominican Republic, as in Viet-
nam, we are confronted by a Communist
`!war of national liberation." The face of ag-
gression has changed; ;but it is nonetheless
aggression. It is not conducted by :large
armies crossing fixed frontiers. The aggres-
sors are trained terrorists, subversives,
propagandists who infiltrate backward na-
tions, exacerbate tensions, loot and murder
and create conditions of chaos. These wars
are directed and supported and supplied by
the Communists, in Moscow, Havana, and
Peiping.
Their ultimate objective is not just con-
trol of the Dominican Republic or seizure of
all Hispaniola or even all Vietnam. It Is the
destruction of the one thing that blocks the
road to world conquest: U.S. power.
These Communist revolutions have never
granted the people the pledged political or
social benefits. Instead of peace, land, bread,
agrarian reform, free elections, there is the
seizure of all property impoverishment,
totalitarianism, and terror.
The one point about which every Com-
munist 1s in total agreement is their mutual
hatred of America and mutual recognition
that our power and resolve alone thwarts
the realization of their wildest dreams.
The greatest power In the history of the
world cannot pack up, abandon commit-
ments, come home to wage gallant war on
Appalachia while tiny ,states which would
stand for their freedom if we would stand
with them, fal:t singly into the agonies of
Communist terror.
President Johnson has shown the proper
use of power. The Communist road to world
conquest is less certain and more hazardous
than it was just a year ago.
A NEW WATER RESOURCES RE-
SEARCH CATALOG AVAILABLE
Mr. ANDERSON. Mr. President, dur-
ing consideration of expanded water re-
sources research by the committees of
Congress, and by the House and the
Senate, considerable concern was ex-
pressed about expenditures for duplicat-
ing research projects.
The original water, resources research
bill, which I introduced in 1962, pro-
vided for the Office 9f Water Research
to maintain a register or catalog of all
federally sponsored water research and
as much non-Federal and private re-
search as the sponsors would voluntarily
report. One of the purposes of the cata-
log was to avoid duplication of research
projects. Another. was to make. knowl-
edge of all such projects-and the results
as projects were completed-widely
available.
In processing the legislation, the task
of maintaining a comprehensive record
of water research projects was assigned
to the Science Information Exchange at
the' Smithsonian Institution, where it
could be kept with other scientific re-
search data.
As one of its first projects, the new
Office of Water Resources Research, has
obtained from the Science Information
Exchange a catalog of all federally sup-
ported water resources research projects
underway and published the catalog in
a well-classified and indexed, 450-page
volume.
The catalog lists a total of 1,545 proj-
ect summaries under eight chapter head-
ings including "Nature of Water," "Water
Cycle," "Water and Land Management,"
"Development and Control," "Qualitative
Aspects," "Reuse and Separation," "Eco-
nomic and Institutional Aspects," and
"Engineering Works."
There are four indexes, by corporate
author, by subject, by supporting agency,
and by principal investigator.
The publication of this first catalog is
the achievement of a milestone in water
research, Mr. President, which is very
gratifying to me, and I have taken the
floor to call attention to it in the RECORD
because of the, great potential value that
the document will have as it is circulated
and used in water research circles.
The catalog will do a great deal to pre-
vent expensive duplication of research
effort by both public and private agen-
cies. With a shortage of competent hy-
droscientists, the savings in manpower
which results from avoiding duplication
may be even more important than sav-
ings in dollars.
The catalog will also have increased
water problems with leads to sources of
information, and as the catalog is re-
issued from year to year, the accumu-
lated record of research underway and
completed will have increasingly great
valu in this respect.
The catalog will provide those with
value in the future as the Science Infor-
mation Exchange is able to add non-
Federal research projects.
Copies of the catalog are available from
the Superintendent of Documents, U.S.
Government Printing Office. Washing-
ton, D.C., for $2.50.
If that sounds like a commercial, it
is intended to be, for I hope the docu-
Went will come into wide use.
I congratulate all those officials who
have had a part in he issuance of the
catalog, including r. John Calhoun,
who served as Acting Director of the
Office of Water Research when it was
organized, Dr. Roland Renne, the Wee-
tor of the Office of Water Research, and
his Associate Director, E. D. Eaton, Sec-
retary of the Interior Stewart Udall, and
Dr. Monroe E. Freeman, Director of the
Science Information Exchange of the
Smithsonian Institution, for the very
fine job they have done.
TAX EXEMPTION FOR MILITARY
PERSONNEL
Mr. McCLELLAN Mr. President, I
ask unanimous consent to have printed
in the RECORD an article appearing in the
Washington Evening Star explaining the
irocedures established by the Internal
Revenue Service for military personnel
eligible to claim the tax exemption, re-
cently granted by Executive Order No.
11216, for those serving in Vietnam sub-
sequent to January 1, 1964.
There being no objection, the article
was ordered to be printed in the REC-
ORD, as follows:
UNITED STATES Sr ETo SPEED TAX REFUNDS FOR
V1ETNABI SERVICE
The Government has set up a plan to speed
income tax refunds to military personnel
who served in Vietnamduring 1964.
Thousands of servicemen paid taxes on
military pay which President Johnson re-
cently ruled was at least partially tax ex-
empt.
The White House announced today that
taxpayers who served in Vietnam in 1964 and
have already filed returns may claim refunds
by submitting amended returns.
To speed processing of the refunds, amend-
ed returns should be marked at the top of
the form: "Amended-Combat Zone."
While tax returns on 1964 normally were
due April 15, servicemen in Vietnam have
been granted an automatic extension of time
for filing. Any original claims and returns
they file should be marked simply "Combat
Zone" to speed processing.
The White House said servicemen filing
amended returns, original returns or claims
should attach a statement showing the num-
ber of month, served in Vietnam in 1964 and
the total amount of pay excluded from taxa-
tion.
PROTECTING OUR OWN-FOR ONCE
Mr.. FELL. Mr. President, none of us
is happy that circumstances have forced
us to send the marines to theDominican
Republic, but as the facts have unfolded
none of us can doubt that there was
no alternative if we were to protect our
own national interests against a prolif-
eration of Castroism in the Caribbean.
It is gratifying indeed that responsible
elements of the press have been sensi-
tive to the realities of the situation and
have thrown their support behind the
President's commitment. In this con-
nection I ask unanimous consent to have
printed in the RECORD at this point an
excellent editorial from the Philadelphia
Inquirer entitled "Protecting Our Own-
for Once."
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
PROTECTING OUR OWN-FOR ONCE
There seems to be considerable surprise
mingled with the expectable Communist up-
roar over the landing of American marines
and airborne troops in the Dominican Re-
public to protect American lives and prop-
erty. It has been a long while since we
exerted our strength in our own interest.
Well, let them yelp. The United States
has bent over backward-almost double-in
the last generation to be a good neighbor to
the whole world community, with particular
emphasis on nearer neighbors in this hemi??
sphere. As a result, we have endured the
charming spectacle of having our libraries
and embassies attacked, sometimes burned;
our touring citizens insulted and at times
imperiled; our envoys subjected to every kind
of boorish behavior, and our avidly solicited
investments wiped out.
If the landing in bloody Santo Domingo
and .the sealing off of our Embassy from the
raggle-taggle assaults of every juvenile or
adult Dominican delinquent betokens a.
"tougher line," most Americans, we believe,
will agree it's time.
It is interesting what a thunderous clamor
Fidel Castro is making in this connection.
The lesson may have special meanings to
him-Ike caught us when we were still trying
to be polite if it killed us.
How many Castroists may be in the Do-
minican :nobs is still problematical, but it is
a certainty that if they didn't precipitate this
situation it was made to order for them.
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Mary 6, 1965 CONOI ESSIONAL RECORD SENATE
We await firm and u?eful action by the
Organization of American States--this mess
is really the whole hemisphere's baby-but
for once we are not standing still, with a
foolish grin shining through the tears-
while we wait.
POLISH CONSTITUTION: A TRIBUTE
Mr. WILLIAMS of New Jersey. Mr.
President, today we commemorate the
anniversary'of the Polish Constitution of
May 3. This is an occasion long re-
membered among Poles and among those
who have a reverence for constitutional
democracy.
For the Poles, the proclamation of this
Constitution was an act of sublime pa-
triotism, because in this Constitution
were infused all the hopes for a free, in-
dependent, and democratic Poland and
all the glory that is Poland.
For those who revere constitutional
democracy this anniversary has special
significance because the Constitution of
May 3, while not a revolutionary break
with the past, was an extraordinary doc-
ument for its time which contained all
those ingredients that would insure an
evolving system of constitutional democ-
racy in Poland.
Unfortunately, the Constitution was
never given a chance to achieve its pur-
poses. Not from any defects on the part
of the document itself ; not from any
want of will or determination on the part
of the Poles; but because a strong, demo-
cratic Poland was a political fact that
the Russians could not tolerate. It was
the Russians who in the final analysis
must bear the responsibility for destroy-
ing this Polish dream of constitutional
democracy.
But this dream of constitutionalism
lives on in Poland and among Poles
everywhere; it lives on in a national
tradition that deserves the respect and
honor of free peoples everywhere. It is
fitting, therefore, that w commemorate
this anniversary. ?,
nialism" may be expected, and the inter-
vention in the Caribbean will be likened to
the intervention in Vietnam.
Yet, historically, it has been American
policy to protect American lives and inter-
ests in strife-torn areas of the Americas.
Theodore Roosevelt enunciated the doctrine,
and William Howard Taft put it into prac-
tice by sending marines into Nicaragua. In
1914 Woodrow Wilson sent marines to Haiti,
and 2 years later ordered a full military oc-
cupation of that country. Calvin Coolidge
endeavored to withdraw the marines from
Nicaragua in 1924, but 3 weeks later another
revolution broke out and they were hastily
returned to the country, remaining there
until a semblance of order was established
in 1934. President Wilson's punitive expedi-
tion into Mexico in 1916 was another ex-
pression of American determination to pro-
tect its rights.
President Johnson's action a year ago in
providing an American military airlift to
carry Belgian paratroopers into the Stanley-
ville area of the Congo, where the rebel
Simbas were threatening the lives of several
thousand Americans and foreigners, was
similar in purpose to the present. mission in
the Dominican Republic. Had no effort been
made to rescue these Americans and Euro-
peans, they, would have been butchered, as
many of them were.
The Dominican revolt is believed to have
been animated by Communist elements, if
not Castroites, bent on restoring the exiled
president, Juan Bosch; to power. Bosch
was deposed in September 1963 after the
military charged that he had permitted
Communists to infiltrate his regime. From
the loud howls from Havana about the
present American intervention, Castro has
such a close interest in the outcome of the
fighting that the rebellion probably is a mask
for an attempted takeover by his agents. If
that is so, the marines may find they have a
further mission.
knowledged the remarkable career of a dis-
tinguished American. The First Lady, in
conferring the award upon Wilder, spoke for
her countrymen when she praised his skill in
treating the commonplaces of American liv..
ing with gaiety and wonder.
It might have been, besides, a good occasion
to have given the country again the benefit
of the wisdom that flowed from such Wilder
characters as Mr. Antrobus. In a time when
the role of this country seems especially hard,
difficult, and perplexing, it might have been
useful to quote Mr. Antrobus, the central
figure in "Skin of Our Teeth." Mr. Wilder's
followers will remember that Mr. Antrobus
said:
"Oh, I've never forgotten for long at a time
that living is struggle. I know that every
good and excellent thing in the world stands
moment by moment on the razoredge of
danger and must be fought for-whether it's
a field, or a home, or a country."
PACIFIC MEDICAL CENTER-HELP-
FUL LEGISLATION PROPOSED
Mr. BARTLETT. Mr. President, to-
day I am proud to cosponsor a bill sub-
mitted by the farsighted Senator from
Hawaii [Mr. INOUYE] which authorizes
the establishment of a Pacific Medical
Center.
I am most interested in programs de-
signed to help the people of Asia. I
have been concerned about our failure to
communicate the aims of our way of life
to citizens of the Pacific nations.
Because of this concern, I supported
President Johnson's proposal made at
Johns Hopkins University to participate
in a program designed to improve the
lot of the poor in southeast Asia.
I welcome suggestions to explore
greater trade possibilities with the peo-
ple of Asia.
In the same spirit, I cosponsor this bill
which would help bring the miracles of
modern medicine to all the people of the
Pacific.
I can think of no better way to tell the
story of America, of no surer program
to demonstrate our good intentions than
by helping other countries improve their
health programs and services.
TRIBUTE TO THORNTON WILDER
Mr. RIBICOFF. Mr. President, a few
days ago, Thornton Wilder received the
first National Medal for Literature. In
a brief White House ceremony, Mrs.
Lyndon B. Johnson praised Mr. Wilder,
in whose works "the commonplaces of
living yield the gaiety, the wonder,. and
the vault of the human adventure."
These are the apt words to describe
the abundant talent of this rare indi-
vidual. His writings are outstanding.
The mention of Pulitzer Prize winners
such as "The Bridge of San Luis Rey,"
"Our Town," and "The Skin of Our
Teeth," brings excellence to mind.
As poet and playwright and novelist,
he has enriched the literature of our
Nation and thus the experience and
pleasure of every person who chooses to
partake of his achievements.
We are proud of Thornton Wilder-a
resident of our great State of Connecti-
cut, whose books and plays are enjoyed
by millions. We wish him many, many
more productive years. We congratu-
late him for this latest, well-deserved
honor that has come his way.
I ask unanimous consent that an edi-
torial about Mr. Wilder in today's Wash-
ington Post be included in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows: -
THE SITUATION IN"j'HE DOMINICAN
REPUBLIC
Mr. MONTOYA. Mr. President, an
editorial from the April 29, 1965, issue of
the Chicago Tribune has come to my
attention and I think it merits the atten-
tion of my colleagues. Therefore, I ask
unanimous consent that it be printed in
the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
THE MARINES LAND
President Johnson has sent a contingent
of 400 marines into the Dominican Republic
to save the lives of American citizens and
to protect American property. A rebellion
has endangered both, and Dominican mili-
tary authorities admitted that they could
no longer guarantee the safety of foreign
nationals in the country.
Rescued Americans arriving in Puerto Rico
told of rebel hostility to Americans. The
rebels invaded a hotel where Americans were
principally concentrated and took delight
in threatening them.
Communist propaganda will undoubtedly
seek to make the most of this first marine
landing in a Latin American republic in 38
years. Cries of "imperialism" and "colo-
ON THE RAZOREDGE
Presentation of the National Medal for
Literature to Thornton Wilder Tuesday in
ceremonies at the White House suitably ac-
INVESTIGATION OF INVASIONS OF
PRIVACY
Mr. LONG of Missouri. Mr. President,
in recent weeks, there have been pub-
lished hundreds of editorials in news-
papers in all parts of the country with
respect to our investigation of invasions
of privacy. Fortunately, most have been
favorable.
I have gathered some of the more pro-
vocative ones and ask unanimous con-
sent to have them printed at this point
in the RECORD.
There being no objection, the editorials
were ordered to be printed in the RECORD,
as follows:
[ From the Richmond News Leader, Apr.
28, 19651
THE GREAT COVERUP
Any definitive list of the country's 10 most
frustrated men surely would include the
name of EDWARD V. LoNG, a Senator from
Missouri. For the past many months, as
chairman of a Senate committee investi-
gating invasions of privacy, the Senator has
been trying assiduously to get information
from Federal agencies on what their investi-
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AL RECORD SENATE May 6, 1945
gators are up to. And all the Senator rhas . [From the Wilmington (Ohio) News-Journal, tive's conversation. If even the President's
received is the royal runaround. Mar. 22, 19651 privacy cannot be guaranteed, what chance is
Mr. LONG did manage to get some limited CHECKING FOR Bucs there for the rest of us?
material from. the Post Office Department,
about which we have Commented earlier. He Electronic listening devices have reached a (From the Pittsburgh (Pa.) Press,
finally wrung from the Department an ad- degree of sophistication that makes it com-
mission that certain first-class mail is in paratively easy and inexpensive to invade the
fact opened for the internal Revenue Service, privacy of an individual. This Is an early
but he failed altogether in his effort to get conclusion of a Senate investigating com-
a list of 24,000 "mail covers" over the past 2 mittee.
a listing of all th, mail a person receives,
cording to return address.)
When the Long committee sent its chief
investigator to Boston, In an effort to get
information on postal surveillance activities
there, "our man was tailed, trailed, and pho-
tographed by a squad of Federal agents in
The committee is looking 'into the use of
electronic snooping devices by governmental
agencies. Many of the revelations are star-
tling. A martini can be bugged. A device can
be attached to a telephone line and used
to monitor conversations In a far-distant
room merely by dialing thenumber of the
telephone to which the device is attached.
that city." The investigation will raise controversy.
The committee's problems in dealing with Many of the practices and procedures al-
the Department of Health, Education, and leged to be invasions of privacy are stanchly
Welfare have proved more maddening still. defended by users as necessary for security
Secretary Celebrezze will not even answer - reasons. Law enforcement officials say the
the Senator's letters. Lower level bureau- devices aid in crime detection and preven-
crats are evasive, noncommittal, uncoopera- tion.
tive. Last week the Senator wrathfully sub- In many cases the snoopers are helpful, but
penaed some of the HEW officials to appear the question of invasion of privacy remains,
before his committee today, but he has little nevertheless.
hope of getting much out of them. The chairman of the committee, senator
There is a constitutional problem in all EDWARD LONG, says the purpose of the inves-
this, arising from the wise tradition that tigation is not to hamper law enforcement,
separates the powers of legislative, executive, but to see if techniques of surveillance and
and judicial branches of Government; plain- modern electronics are not beginning serf-
ly the Post Office Department, the Welfare ously to infringe on the privacy of individ-
Department, and other agencies are part of ' uals. The findings could show need for
the executive branch. Yet the problem is Federal regulations.
not as difficult as the bureaucracy Insists. Today the area of privacy is both a legal
The Congress has no power to trespass upon desert and a legal jungle. A desert because
true executive prerogatives, but the Congress of the sparsity of law; a jungle because of
surely has power to find out how public ap- the conflicting nature of existing laws.
propriations are spent. And if public funds History has proved George Orwell's "Big
are being spent to invade the privacy of Brother" is not simple fiction. Americans
American citizens, as Senator LONG soundly must safeguard their rights. The commit-
suspects, the Congress has both the right tee's investigation should help,
and the power ,o get the facts.
"If it takes a: year, so be it," said Mr. LONG I From the Star, Lincoln, Nebr., Mar. 16,
last week. "If it takes 2 years or 3 years, 1965]
so be it. But one day or the other, this com-
We wish him all the luck In the world. " Considerable concern is expressed now and
When Big Brother is watching the people, then in regard to the various ways in which
some one-preferably the elected Congress- the privacy of the individual is infringed
had better keel) an eye on Big Brother, -upon. The Post Office Department, of late,
-has been hard put to defend its practice of
[From the Houston (Tex.) Post, Feb. 22, ;peeking on employees and patrons, and its
1965] practice of watching the mail of selected in-
SUPER-S+JPHISTICATED SNOOPING dividuals.
American industry has had to defend, too,
You've heard the joke about the two psy- some of its practices aimed at finding out
chiatrists who met one morning in the ele- about its employees and even its prospective
vator. "You're all right, Jack," one greeted employees. Many large industries now use a
the other. "How'm I?" lie detector machine in the interview process,
Maybe it isn't so funny after all, If you making sure that the company comes to
consider what came out of the Senate Ju- know the most intimate details of an in-
diciary Subcommittee hearing last week in -dividual's life.
Washington on snooping on Government em- One of the problems with the lie detector
ployees and private citizens. Is that the company might not know what to
Among the revelations were the bugged do with information It obtains. An ap-
martini olive for cocktail party eavesdrop- 'plicant may show on the lie detector to have
ping, a cup-shaped listening device that can been involved in something unfavorable at
record your conversation from a block away, ome time In his life but the machine can't
a tie clasp monitor that can do everything say much about rehabilitation or the cur-
but read your mind, tiny electronic units to rent state of the individual's affairs.
bug home lamps, curtains and draperies, and If that situation is discouraging to you,
, unit that signals in Morse code through you might be still more upset to learn that
Impulses felt on the skin of the person to even the White House is not safe from bug-
whom it is strapped. ging devices of various kinds. A New York
Telephone wiretapping is no .longer rood- times story reports that, despite all precau-
ern, it was agreed, although some of the less Mons, someone still manages now and then
sophisticated private eyes still practice it. to plant a listening device in the White
Privacy, of course, is something that mod- House.
ern man will have to look for in the die- One way of meeting the problem 15 through
tionary. What with cameras that are made a highly amplified wave length system set up
as small as, a thimble and microphones the throughout the White House. If the Presi-
size of a sugar lump. dent is talking on the phone, he merely turns
So move over, Marx Brothers, now that you up the music and the eavesdroppers get a
can't even trust the olive in your martini. pleasant melody instead of the Chief Execu-
Mar. 6, 19651
THE GOVERNMENT "SNOOPERS"
The Senate subcommittee investigating
"snooping" by Government agencies appar-
ently is getting little cooperation from Post-
master General John A. Gronouski.
The committee, headed by Senator EDWARD
V. LONG of Missouri, asked for a list of 24,000
persons whose mail has been "under surveil-
fance" in the last 2 years. This is called a
"mail cover" and it consists of making a rec-
ord of mail sent from or to addresses of per-
sons who may or may not be involved in some
legall offense.
Mr. Gronouski said he was opposed to giv-
ing up this list because it would "seriously
violate the civil liberties of many innocent
persons."
He used as an example this story:
Two bandits held up a post office. The
license plate on. the getaway car led to the
name, of the person to whom the car was
regis(,ered. A "cover" was put on this per-
son's mail. When a letter was found ad-
dressed to this person from the city where
the stickup took place the addressee was
reached and turned over the letter, which
contained some of the loot.
Mr. Gronouski's point is that in this way
a crime was solved (the bandits were con-
victed) and that the addressee had nothing
to do with the crime. But if the name were
published, the Postmaster General said, he
might risk bodily harm from the convicted
holdup men.
This seems like pretty murky reasoning.
But even, granting its validity, Senator Lowe
didn't ask for the last of 24,000 names to
publish it. He asked it for the committee's
information. He said he would hold thelist
confidential so long as this was in the "public
interest" as it surely would be in the case
recited by Mr. Gronouski.
But, the Postmaster General also said in
his reply to Senator LONG that in addition to
the Post Office Department 21 agencies of
the Government, including the Central In-
telligence Agency and the Air Force have
had hundreds of "mail covers" in effect
recently.
A good many "civil liberties of innocent
persons" could be involved in such a wide-
spread practice by so many agencies of the
Government.
Maybe not, but with. this much "snooping"
going on, there should. be some outside check
and review of it. Senator LONG is compe-
tent to do this. And. Mr. Gronouskl seems
to have evaded the real issue-not publica-
tion of the list, but giving the Long com-
committee a look at it. How else can the
committee complete its investigation?
[From the Cincinnati (Ohio) Enquirer, Mar.
7, 1965]
BIG BROTHER MARCHES ON
In the maze of hearings conducted in con-
nection with pending Federal legislation,
those of the Administrative Practice and Pro -
cedure Subcommittee of the Senate Judi-
ciary Committee should be of particular in-
terest to the general public.
Federal invasion of privacy is the concern,
and the hearings have touched on electronic
eavesdropping, peepholes, so-called mail cov-
ers, censorship, and psychiatric testing.
What is being revealed Is that what we
once believed were inviolable rights of pri-
vacy are now little more than nice-sounding
theoretical preachments, while "Big Brother
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CONGRESSIONAL RECORD - SENATE May 6, 1965
by law to an indispensable public service,
It should serve its customers, not those who
wish to snoop into their affairs.
Executive agencies must recognize their
responsibility to protect individual rights in
the performance of their duties. If they do
not, Congress has an equal obligation to
examine the facts and, when abuse is dis-
covered, to protect those rights by law.
[From the Philadelphia (Pa.) Inquirer,
, Feb.21, 1965]
DON'T TALK INTO THE MARTINI
People who talk into their martinis have
always been suspect. But, from now on, they
will be living more dangerously than ever:
the olive may really be a microphone. Put-
ting a "mickey" in your drink may take on
new and more sinister meanings.
This grim overtone to living in the elec-
tronic age was developed at a hearing of a
Senate subcommittee that is inquiring into
wiretapping and other types of snooping by
Federal agencies, legitimate or perhaps oth-
erwise.
Before the meeting was over, the Senators
had been thoroughly "bugged" by a variety
of devices introduced by private eyes, manu-
facturers of listening-in-devices and other
experts. The chairman, Senator EDWARD V.
LoNG of Missouri, found himself talking into
a hidden tape recorder through a red rose
harbored in a vase on his desk. In addition
to the martini that can listen-with a tooth-
pick serving as the antenna-there was pro-
duced a device that can put the tap on tele-
phone conversations and other even after the
phone is hung up.
Counterbug equipment is also available,
but the best defense against electronic eaves-
droppers, the committee was told is: Turn
up the TV set loud; step into the shower
with the water running; hold conversations
in the subway. Or don't talk: your martini
m9y be listening.
Mr. BAYH, Mr. President, I would
like the Senate to turn its attention for
1 moment to a fellow townsman of mine,
Capt. Eugene R. Fowler, of the U.S. Army
Reserve.
It seems appropriate to mention Cap-
tain Fowler today because the Senate is
about to approve a supplemental appro-
priation of $700 million to enable us to
continue the U.S. presence in Vietnam in
defense of freedom.
On this same day, at 10 a.m., Captain
Fowler was laid to rest in Arlington
Cemetery. The caisson which carried his
casket to its final resting place was the
same caisson used to bear the casket of
our martyred President, John Fitzgerald
Kennedy. Captain Fowler's grave is lo-
cated 150 yards down the slope from the
grave of America's 35th President.
Gene Fowler, of Terre Haute, Ind., was
the first Hoosier killed in Vietnam to be
buried at Arlington. He is the fourth
son of Indiana to give his life for his
country in Vietnam.
Last March 16, Captain Fowler cele-
brated his 34th birthday. He had been
a member of the U.S. Army Reserve for
more than 14 years. In September of last
year he was assigned to Vietnam as an
assistant sector adviser in the Phouc Binh
Thanh special zone. On April 25, while
accompanying an Army of Vietnam force
on a combat mission, Captain Fowler
stepped on a land mine. He died of
wounds 2 days later. He was an expert
pistol shot and held the expert carbine
badge. He was awarded the Armed
Forces Reserve Medal, the Army of Oc-
cupation Medal for Germany, the Armed
Forces Expeditionary Medal for Vietnam.
Gene Fowler had much to live for. He
had a lovely wife and two fine children-
"Genie," 9 years old, and Stephen, 5 years
old. Yet, he gave his life in the effort of
his Nation to contain Communist ad-
vances in southeast Asia.
Mrs. Fowler decided to remain in
Washington for a day after the funeral.
She told Army officials that she wants
her children to see the White House and
the Capitol and other symbols of the
country for which their father died.
I think I speak for all my colleagues
when I say for Captain Fowler and his
gallant comrades from all our States:
They shall grow not old, as we that are left
grow old;
Age shall not weary them, nor the years
condemn.
At the going down of the sun and in the
morning
We will remember them,
POLITICAL CLIMAZ'1; IN THE
DOMINICAN REPUBLIC
Mr. MONRONEY. Mr. President, the
perplexing, complex problems which the
United States must deal with in the
Dominican Republic have been brewing
for a long time. They obviously will not
yield to quick or easy solutions. I do not
believe the American people expect them
to be quickly or easily solved.
It is equally apparent, I believe, that
an overwhelming majority of our people
have confidence in President Johnson's
handling of this most difficult situation.
The historic vote today by the Organi-
zation of American States suggests that
our confidence in the President's acumen
and courage is shared by most Ameri-
cans, north and south.
The OAS commitment proves once
again that we are on the side of the
angels. This Nation has the most potent,
the most formidable military force in all
history, yet since we have achieved this
tremendous power we have never imposed
military force for selfish purposes, for
territorial expansion or to limit the rights
of other nations for self-determination
in free elections. The record of the
United States speaks far more eloquently
than the strident and shrill promises of
the Communist conspirators who have
deviously sought to infiltrate liberal and
democratic movements throughout the
world.
Perhaps we have seen today in the
action by the OAS a signpost of maturity,
of significant progress in the develop-
ment of international law and order in
this troubled world. I take this means
of saluting President Johnson and those
dedicated and conscientious advisers who
have helped him bring this vexatious
problem to such a promising point.
An editorial in last Friday's Chicago
Sun-Times provided an interesting in-
sight into the President's perspective on
this matter. The editorial reminded us
that the President, in February of 1963,
got a firsthand look at the rough and
tumble internal politics of that nation.
This editorial offers background in-
formation that will be helpful to Mem-
bers of the Senate.
I ask unanimous consent that it be
printed in the RECORD at this point.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
[From the Chicago (Ill.) Sun-Times, Apr.
30, 19651
TWOFOLD ACTION
President Johnson knows through personal
knowledge how volatile and dangerous the
political climate can be in the Dominican
Republic. As Vice President, Mr. Johnson
attended the inauguration of Juan Bosch as
President of the Dominican Republic on
February 27, 1963. The inaugural parade
was attacked by a mob of pro-Communist
demonstrators. Mr. Johnson was hustled
from the parade stand by security police
and into the protection of a nearby build-
ing.
The President took swift action on Wednes-
day when the Dominican Government
admitted it could not guarantee the safety
of American citizens in the current revolt.
He ordered U.S. marines landed as a protec-
tive force and offered the umbrella of that
military protection to the citizens of other
nations.
The Dominican Republic is still in the
throes of trying to recover from more than
30 years of brutal and bloody dictatorship
under Generalissimo Rafael Trujillo. Juan
Bosch, the first President elected in that sad
nation in 38 years, was backed by the United
States. Bosch lasted less than 7 months as
President before being overthrown and his
government dissolved by the rightwing army
on charges that he had not made good on
promises, that he was soft on communism
and that his proposed constitutional reforms
were more socialist than democratic.
The current revolt, mounted by some of-
ficers in the army, has apparently been
beaten back by the air force and navy, led
by the officers that overthrew Bosch.
President Johnson's decision to provide
protection for U.S. citizens has been criti-
cized by the Organization of American
States. While admitting the situation is
serious and something must be done, the
OAS said the United States did not have
the right to act without first consulting
them.
This sensitivity can be recognized. But
safety for U.S. citizens comes first. If the
landing of the marines (who were fired on
yesterday, shortly after going ashore) also
helps to stabilize the situation on behalf
of the recognized government both the Do-
minican Republic-which needs time to re-
cover from the evils of dictatorship-and
the OAS itself will have benefited.
TRIBUTE TO WALTER BURKE
Mr. NELSON. Mr. President, it has
been my privilege for many years to have
as my constituent and friend Hon.
Walter Burke, newly elected secretary-
treasurer of the United Steelworkers of
America. Mr. Burke, in his new position,
will move from his home in Milwaukee,
Wis., to Pittsburgh. Commenting on the
loss to Milwaukee, the Milwaukee Jour-
nal on May 3 editorialized concerning
Walter.
I ask unanimous consent that the Mil-
waukee Journal editorial be printed in
the CONGRESSIONAL RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
WALTER BURKE DEPARTS
In the 17 years that he has directed steel-
workers' union activities in Wisconsin, Walter
J. Burke has been a credit to his union and
the labor movement.
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9489
victed) and that the addressee had nothing , tioniifirieeded to prevent the practice.. It is the Post Office Department snoops on the
to do with the crime. going , great lengths to try to break even people whom it serves.
But if the name were published, the Post- on its Aerations, but if the public ever loses Records have been kept on the incoming
master General said, he might risk bodily confid ng{e In the absolute privacy of first- mail of 24,000 'persons. The return address
harm from the convicted holdup men. class i401, it will stop using the service to and. postmark are recorded,_andthen the let-
This seems like pretty murky reasoning the ea eht that it can turn to other means ters, are delfvg3red., fg ,$enate committee has
tor LONG didn'tt ask for the list of 24,uuu Lions,
names to publish it. He asked it for the In the case of the IRS seizures, it is not
committee's information. that i iybody has any sympathy for tax
He said he would hold the list confidential evader. They should be caught and pun-
so long as this was in the public interest, as ished List as the violators of any law should
it surely would be in the case recited by be.
Gronouski. Butthose entrusted with the responsibility
But the. Postmaster General also said in for enforcing the law must stay within the
his reply to Senator LONG that, in addition restric'aons imposed upon Government for
to the Post Office Department, 21 agencies the.pr'tection of the rights of the individual,
of the Government, including the Central no matter how loudly they complain that it
Intelligence Agency and the Air Force, have handicaps them in their work and keeps them
had hundreds of "mail covers" in effect :from Suing the most efficient job. This is
recently. just as true for the Nation's tax collectors as
A good many "civil liberties of innocent for otlz r law enforcement officers.
persons" could be involved in such a wide-
spread practice by so many agencies of the [From the Times-Picayune, New Orleans,
Government. La., Mar. 8, 1965]
Maybe not, but with this much "snooping" "SEARCH BY Bun" HELD. ILLEGAL
going on, there should be some outside sime predicted, after a study of court
check and review of it. Senator LONG is decisions which reached a sort of climax in
competent to do this. And Gronouski, it 1961, f~ trial judge (New York) has ruled
seems to us, has evaded the real issue-not electronic eavesdropping unconstitutional
publicattbn of the list., but giving the Long er se
committee a look at it. How else can the 13
Though his decision might merely have
committee complete its investigation? followed U.S. Supreme Court bans on illegal
From the Houston (Tex.) Post, Apr. 17, 1965] physicia trespass-in the "planting" of so-
called 'bugs"-the judge chose also, and pri-
IRS MAIL OPENING IS SHOCKING marily,, q apply the fourth and fifthamend-
Disclosure that the Internal Revenue Serv- ments in a basically restrictive sense.
ice, in some cases, has seized sealed, first-class Thui he says that the process represents a
mail without a proper search warrant and search, and conversation overheard or trans-
opened it before it was delivered to the cribed a seizure thereof. To this premise
person to whom it was addressed, in an effort he apt lies jurisprudence of long standing
to catch tax dodgers, was nothing less than relating; to search and seizure of tangibles,
shocking. It was, in fact, scandalous and These iiterpretations limit the legal products
should arouse unanimous indignation, of seanih to fruits of and instruments used
Both the Treasury and the Post Office De- in cum nission of crime, and to "contraband"
partments say that the practice has been unlawf'il to possess. They exclude mere
discontinued, but there are few Americans evidence of guilt, especially if it partakes of
who will not agree with Senator EDWARD V. self-incrimination.
LONG of Missouri, head of the Senate sub- A "se arch by bug" invariably represents, he
committee checking into governmental holds, a search for "mere evidence"; further-
snooping, that there should be an ironbound more b its nature it cannot be restricted to
law to prevent this sort of thing if present specific statements which law enforcement
laws can be Interpreted to permit it. desires to be seized, but sweeps up any and
Privacy for the individual citizens is tak- all statements, pertinent or otherwise.
ing a beating these days under the best of : This reasoning by analogy and extension is
circumstances. Even the sanctity of the e!cpecteif to precipitate the Scandefla case,
home is under attack despite the constitu- througiC a long chain of appeals to final deci-
tional guarantee against unreasonable search sion at ' Washington. It has become more
and seizure. The impression has existed, and more customary that broad issues thus'
however, that the privacy of first-class mail are settled where narrower principles could
was inviolate so far as Government is con- be invoted. Thus it seems dubious that the
cerned. act of breaking into an establishment by
The practice of putting mail covers on night to plant a listening device would be
some individuals has received a great deal of condone d as a legal search by the Supreme
publicity in the course of the subcommittee's Court, ! light of previous decisions, even
investigation. It is a borderline practice, though the officers had a warrant to eves-
however, since the mail is not actually opened drop. The New York ruling is that the
and actually amounts to surveillance, some- process can't be used at all, under any cir-
think like a police stakeout. Opening of cumstaiices.
sealed mail, except possibly for purposes of To equate illegal trespass with search
making delivery, falls into the same category seems iia accord with the fundamental safe-
as forcible entry into a private residence guards id the fourth amendment. To equate
without a court order. both a trespass and a nontrespass eaves-
There is a law on the books that carries drop with search and seizure of tangible
a maximum penalty of 5 years in jail and a things teems more like an exercise in flexible
$2,000 fine for opening first-class mail ad- semantics. In trying to erect reasonable and
dressed to another person. If this does not desirable safeguards against abuse of police
cover all agents of the Government, it cer- practice by statutory means, it may be that
tainly should. If the IRS-Post Office agree- some lawmakers and courts have themselves
ment does not violate existing statutes, it helped 'wiped out any distinction, by equat-
definitely is in conflict with the,eonstitu- ing conventional search warrants with war-
tional guarantee against unreasonable search rants tec eavesdrop.
and seizure.
The $enate subcommittee has performed [From the Trenton (N.J.) Times, Mar. 2,
an invaluable service to the Nation in bring- 19651
ing the IRS practice to light, even though it VIOLATING PRIVACY
is said to have been discontinued. Blame less and upright you may be, honest
The Post Office Department should be as the