NOTICE OF HEARING ON RIGHT OF PRIVACY ACT OF 1967

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP69B00369R000200170022-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 15, 2016
• Document Release Date: February 13, 2004
• Sequence Number: 22
• Publication Date: March 14, 1967
• Content Type: OPEN

S 3692
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CONGRESSIONAL RECORD SENATE March 14, 1967
Capital, because for many years, without time drawing off tallow, used in the soap
success, we have tried to have something industry, and solid residual matter, used as
done about the almost unbelievable a high protein additive to animal feeds.
smells which come from the Hopfenmaier tie Is well known the rendering of . fats
produces strong objectionable odors partiou-
Rendering Co., at 3300 K Street NW., any larly when the material being processed is
day or night the wind blows the odor over --putrid. Throughout the country much ef-
Georgetown. fort has been. made during the past few
The Hopfenmaier people -cook old years to reduce the odors from ,Such
horses, bone scraps, grease, anything to processes. These efforts have met with vary-
obtain the desired residual and a profit; Ing. degrees of success,. never, however, to
to the point where the smell is so unbear- the complete satisfaction of neighbors
able that some people have left the downwind from such plants during adverse
atmospheric conditions.
neighborhood and others have been "ren- The Hopfenmaier Rendering plant has been
dered" ill. a source of objectionable odors in its pres
The smell is so bad that the plant next ent Georgetown location for eighty years
to the Hopfenmaier plant has a sign on and has engendered mounting community
it, "The objectionable odors you may complaints during the past twenty years.
notice in this area do not originate in this Twelve months ago the company agreed to
make substantial changes to its plant facili-
plant." ties providing for the mechanization of han-
We have protested this condition for dung facilities for both raw materials (fat,
years. All we get are words, never any bone and grease) as well as finished product
action. (tallow and solid residual matter). It also
As example, in 1964 we received a agreed to make improvements, if found nec-
memorandum from District of Columbia essary, to existing odor removal equipment
Director of Public Health, Murray Grant, for cooking vapors consisting of water cooled
written to the District Commissioners, condensers to remove condensible odors and
which says in part: a combustion process for the removal of non-
oondenaible odors.
The Hopfenmaier Rendering plant has To date the plant. has expended $126,000
been a source of objectionable odors in its on a $150,000 program to provide enclosed
present Georgetown location for eighty years, conveyors, holding tanks, drum washing fa-
and has engendered mounting community cilities and other associated improvements
complaints during the past twenty years. all directed toward a more efficient handling
The memorandum also states:
The Department of Public Health is evalu-
ating the present contribution by the plant
of objectionable odors in the Georgetown
area in the light of recent improvements.
Using the evaluation as a guide, the plant will
be required to take all further steps that are
technically and economically feasible to min-
imize odors from its processing.
This statement meant exactly nothing,
because last week this air pollution, as
expressed by this disgusting odor, was
worse than ever.
Under the normal local self-govern-
ment of any city, how long do the Mem-
bers of the Senate believe this condition
would be allowed to continue?
I shall have more to say about this un-
warranted condition. In the meantime,
I ask unanimous consent that the memo-
randum in question, dated July 21, 1964,
written by Dr. Murray Grant, Director
of Public Health, be inserted at this point
in the RECORD. -
There being no objection, the letter was
ordered to be printed in the RECORD, as
follows:
GOVERNMENT OF THE DISTRICT OF
COLUMBIA, DEPARTMENT OF Pu s-
LIC HEALTH,
Washington D.C., July 21, 1964
Memorandum to: The Commissioners, Dis-
trict of Columbia.
Through: Commissioner John B. Duncan.
From: Murray Grant, M.D., D.P.H., Direc-
tor of Public Health.
Subject: Hopfenmaier Rendgring Com-
pany, 3300 K Street NW.
The subject company processes fat and
bone scraps from supermarkets in the metro-
politan Washington area extending out over
a radius of 50 to 75 miles. It also processes
grease from restaurants in the same area.
of materials leading to a reduction of in-
plant odors and at the same time reducing
cooking odors which are aggravated when
the raw material is allowed to age and
putrefy.
At the present time, the Department of
Public Health is evaluating the present con-
tribution by the plant of objectionable odors
in the Georegtown area in the light of recent
improvements. Using the evaluation as a
guide, the plant will be required to take all
further steps that are technically and eco-
nomically feasible to minimize odors from
its processing.
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent that
the distinguished Senator from Missouri
be granted 3 additional minutes.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so or-
dered.
Mr. BYRD of West Virginia. Mr.
President, will the Senator yield?
Mr. SYMINGTON. I am happy to
yield to the distinguished Senator from
West Virginia.
Mr. BYRD of West Virginia. Will the
Senator from Missouri state to the Sen-
ate whether or not he has upon any
.previous occasion protested to the presi-
week back in 1964-in April, as I recall-
it was impossible for the citizens of this
area to keep their windows open. They
had to go indoors and' close their win-
4dowa.
Mr. BYRD of West Virginia. The
memorandum states, as I recall hearing
it read on the Senate floor today, that all
feasible steps would be taken to amelio-
rate the condition. Is my understand-
ing correct?
Mr. SYMINGTON. The Senator is
correct.
Mr. BYRD of -West Virginia.. What
steps, if any, have been taken, so far as
the Senator from Missouri knows?
Mr. SYMINGTON.. I know of no
steps. No effective steps could have
been taken, because last week these odors
were as bad as they have ever been.
Mr. BYRD of West Virginia. Mr.
President, I say to the Senator from
Missouri that I am interested in this
matter. The Senator from Missouri has
spoken to me earlier today about it. It
is my intention to open-hearings on the
District of. Columbia appropriations bill
for the fiscal year 1968 on this coming
Friday. The Commissioners will appear
on Friday morning, and it is my inten-
tion to ask the Commissioners about this
matter, to determine what steps have
been taken and, if no steps. have been
taken, to inquire as to what steps can
and will be taken.
I thank the Senator for bringing the
matter to the attention of the Senate.
. Mr. SYMINGTON. I deeply appreci-
ate the position of the acting majority
leader in this matter. As chairman of
the Subcommittee on the District of
Columbia of the -Committee on Appro-
priations he could have much more in-
fluence and effect in trying to correct
this problem for literally -hundreds of our
citizens than could I. I am grateful for
the comments of the Senator on the floor
of the Senate this morning.
Mr. BYRD of West Virginia. I thank
the Senator.
CRIME AND. IDEOLOGY
Mr. TALMADGE. Mr. President, a
very perceptive editorial Is published
today in the Wall Street Journal entitled
"Crime and Ideology." I commend the
editorial to the attention of Senators.
Mr. President, I ask unanimous con-
sent that the editorial may be printed at
this point in the RECORD. `
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
[From the Wall Street Journal, Mar. 14, 1967)
CRIME AND IDEOLOGY
Citizens worried about mounting crime
can thank a Senate Judiciary subcommittee
for taking testimony on how recent Supreme
dent of the Board of Commissioners?
Mr. SYMINGTON. I have so pro-
tested. And may I say to the able
Senator from West Virginia that the
memorandum which I just placed in
the RECORD was sent to me by Mr. Tob-
riner, the Chairman of the Washing-
ton, D.C., Board of Commissioners.
Mr. BYRD of West Virginia. What
is the date of the memorandum?
Mr. SYMINGTON. The date of the
memorandum is July 21, 1964.
The company operates six days per week memorandum was dated over 2% years several commentators make clear, areyomi-
around the clock from 9:00 a.m. Monday so much
morning until 11:00 p.m. Saturday evening ago. The Senator is lenow. They give the eway even a self-confessed murderer can
and estimates that it handles approximately correct. go free, Beyond that, we're convinced, an
12,000 pounds of product per day.. On oc- analysis of the philosophy the decisions
casion it operates on Sunday as necessitated The reason why the head of the reflect would tell the nation, a good deal
by production demands. Washington, D.C., Commissioners sent about its crime problem.
The process consists of ccooking fat, bone ttphleg memorandum to me was that on The Judiciary subcommittee under Senator
scraps andgr~a~8 dd
A v6d rOr K eaoSe LUU4/U~/TlorT:TA ~17W2 2 e~d Philadelphia District At-
Court decisions have hampered law enforce-
ment, an issue which the Administration's
touted anti-crime crusade has pointedly
 Approved For Release 2004/03/11 : CIA-RDP69B00369R000200176022-2
March 14, 1967 CONGRESSIONAL RECORD -SENATE 83691
Committee on the Judiciary, I wish to
announce a change in the hearings on the
Federal fury selection process.
The hearings on March 21, originally
scheduled for 9:30 am., in room 4200
of the New Senate Office Building, will
be changed to 2 p.m. of that same day
in room 6226 of the New Senate Office
Building. The hearings on March 22
and 29 will still be held as scheduled, at
9:30 a.m., in room 4200 of the New Sen-
ate Office Building.
is any claim of Fifth Amendment privilege,
however far-fetched It might be.
"Third, revolutionary developments in the
speed and means of travel and communica-
tion have enabled organized crime to operate
countrywide, secretly through agents who
may be far removed, and in such ways that
detection is not only difficult but almost im-
possible in view of present restrictions. At
the same time it is now unlawful for law
enforcement agencies to tap telephone wires
and divulge what is thus obtained and the
use of any electronic devices is being ques-
tioned.
. report, filed in, January 1942, that' the re-
-. strictions then in effect prevented resort to
'certain methods of obtaining the content
of messages transmitted by telephone or
radio-telegraph over the _commercial lines
operating between 'Oahu and Japan' and
that the contents of the messages sent just
prior to Dec. 7r 1941, might have furnished
valuable information,.
"It concluded that among the capses which
contributed to the success of the 'Japanese
attack - were 'restrictions which -revented
I -
effective counter-espionage
.'
"Today there are too many enemies within
the country in the ranks of organized crime
who can operate almost at will because we
have denied to law enforcement the neces-
sary means of detection. ,
"The Congress should legalize 'the use of
evidence secured by electronic surveillance,
under such safeguards as [this bill] pro-
poses, as a necessary measure in the war
against organized crime." -
"There is a fourth obstacle: the increasing
NOTICE OF HEARING ON RIGHT OF reluctance of victims to come forward to
complain and to testify., As law enforce
PRIVACY ACT OF 1967 ment difficulties increase and the likelihood
of successful prosecutions decreases, those
Mr. LONG of Missouri. Mr. President, who suffer from organized crime become
on Monday, March 20, the-Senate Sub- 2n ore fearful of the consequences of speak-
.-coinmit tee on AdministraTave ramcticeing... ,
na d Procedure, oWhfc aril C "In the light of today's crisis in law. en-
will1 begin ear ngs on S. 928, the Right forcement,.the old arguments against wire-
of Privacy Act of 1967. There are many tapping are no longer weighty.
complex and detailed problems involved "'We cannot have effective law enforcement
in considering legislation which would without running the risks of some invasion
of privacy; no good citizen who places any
grant to every American citizen their value on living in an orderly and peaceful
right of privacy. Wiretapping and elec- society where crime is under reasonable con-
tronic eavesdropping, more often re- trol should object to those occasional an-
ferred to as "bugging," is especially com- noyances which sometimes are the by-prod-
plex. Opinions in this area range from uct of a suitable police action.'
all-out bans on snooping to complete "WIRETAPPING NECESSARY
permissiveness by Federal, State, and "If wiretapping by law enforcement, agents
local, police. Is legalized because, as I believe, it is neces-
Recently, Judge J. Edward Lumbard, nary, it will not be "dirty business." Those
chief judge of the U.S, Court of Appeals who oppose wiretapping have always relied
heavily on the eloquent dissent of Justice
for the Second Circuit appeared be- Holmes in Olmstead v. United States, 277
fore Senator MCCLELLAN'S Subcommit- U.S. 438, where the majority permitted the
tee on Criminal Laws and Procedures. Government to use wiretap evidence to con-
The New York Times of Sunday, March vict bootleggers despite the fact that the
12, reprinted excerpts from this testi- wiretapping was itself a crime in violation
mony. We intend to hear all sides of of laws of the State of Washington. Of
the issue; in fact, I have today invited course there was no federal law on the sub-
Judge Lumbard to testify before my sub- ject at the time.
Justice Holmes called it 'dirty business'
committee, and give us the benefit of his because the evidence was 'obtained and only
educated views. obtainable by a criminal act,' i.e. a violation
Mr. President, I ask unanimous con- of state law, and he held that courts should
sent to insert, at this point In the RECORD, exclude evidence obtained by a crime com-
the excerpts from the New York Times. mitted by the officers of the law.
There being no objection, the excerpts "It seems clear that had there been a
were ordered to be printed in the RECORD, Federal law which permitted wiretapping,
upon findings of the public necessity for
as follows:
such legislation, as S. 675 proposes, Justice
ANOTHER OPINION-IN DEFENSE OF Holmes would not have said what he did
WIRETAPPING about wiretapping, even in 1928; it would not
The following are excerpts from the testi- have been 'dirty business' had the law au-
mony last week of J. Edward Lumbard, thorized it.
Chief Judge of the U.S. Court of Appeals for "It was Justice Holmes who wrote in 1880,
the Second Circuit, before a Senate subcom- 'The life of the law is not logic but ex-
mittee considering wiretap legislation: perience.' The bootleggers whose convictions
"Any proposals for expanding and clari- were affirmed in the Olmstead case in 1928
fying the powers of law enforcement agen- were public benefactors compared to the
cies must be considered in light of the fact professional criminals of 1967.
that it has become more and more difficult "There is no dirtier business today than
for these agencies to secure sufficient evi- the business of organized crime; it rules by
dence of crime to justify arrest, prosecution violence and terror; it victimizes the public
and conviction. and corrupts public officials. Every possible
"First, decisions of the Supreme Court resource of Government should be used to
now require law enforcement agents to warn expose and destroy it.
suspects who are in custody of their rights "COMMISSION'S REDOMMENDATIONS
in such a way that those who otherwise "The report of the President's Commission
would voluntarily speak are now virtually ends its discussion of electronic surveillance
encouraged not to do so. Moreover, the by pointing out that the 'present status of
requirement that, before any questioning, the law with respect to wiretapping and bug-
counsel must be available, if desired, and ging is intolerable' and that the present
that counsel be furnished if the suspect controversy must be resolved. A majority of
cannot get counsel himself, prevents or post- the Commission favors legislation 'granting
pones questioning at the very time that it carefully circumscribed authority for elec-
would be most fruitful. Thus in many cases tronic surveillance to law enforcement
the most ready, the most authentic and the officers.'
most natural means of getting information "We should never forget the price we must
by the voluntary statement of the person pay if the enemies of society are permitted
best able to tell, is no longer available. to operate without fear of detection. The
"Second, court decisions have made it Im- Commission appointed to investigate the
possible to secure testimony before grand facts relating to Pearl Harbor, of which Mr.
juries and Government bodies where there Justice Roberts was chairman, noted in its
NOTICE OF HEARINGS ON AID TO
LATIN AMERICA
Mr. FULBRIGHT. Mr. President, as
chairman of the Committee on 'Foreign
Relations, I announce today that the
committee has scheduled a public hear-
ing to receive testimony from Secretary
Rusk on Senate Joint Resolution 53,
which relates to President Johnson's
message recommending that Congress
approve a commitment to increase our
aid to Latin America by up to $1.5 bil-
lion over the next 5 years. The hearing
will be held at 10 a.m. on Friday, March
17, in room 4221, in the New Senate Of-
fice Building.
In addition, Chairman FULBRIGHT an-
nounced that on Tuesday, March 21, the
committee will hear several executive
branch and public witnesses on S. 1030,
a bill dealing with the U.S. Informational
media guaranty program. This hearing
will also be held in room 4221, in the
New Senate Office Building, beginning at
10 a.m. -
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC., PRINTED IN THE
APPENDIX
On request, and by unanimous con-
sent, addresses, editorials, articles, etc.,
were ordered to be printed in the Ap-
pendix, as follows:
By Mr. METCALF
Letter containing impressions of Job Corps
program, written by Robert A. Bailey to
Donn Peden, editor, and published in the
Meagher County News, White Sulphur
Springs, Mont., on October 6, 1966.
AIR POLLUTION IN WASHINGTON
AND THE HOPFENMAIER ODORS
Mr. SYMINGTON. Mr. President,
those who over the years have opposed
home rule for the District of Columbia
apparently do so with the premise that
the present setup is better for the people
of this city.
Maybe so.
The other day the press carried a story
that Washington currently has the dubi-
ous honor of running fourth in polluted
air among all American cities.
Those of us who live in or around
Georgetown have firsthand knowledge of
this disgraceful condition in our Nation's
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