CONGRESSIONAL RECORD JUNE 1, 1970 RE: BEHIND ENEMY LINES: A REPORTER'S STORY
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Approved For Release 2001/08/07 CIA-RDP72-00337R000300060010-9
June 1, 19 70 CONGRESSIONAL RECORD - Extensions of Remarks
administration. True, he expressed outrage
about the opinions he quoted from various
newspaper editorials and columns,,$ut hQ had
a different purpose in assembling the jour-
nalistic chamber of, hgr')Fors for, thQ, Enl3ght-
enment of Texas Republicans willing to pay
$500 for dinner. Re. Was justifying his -own
determination to be louder.and more inxem,-?
perate than the critics, so he can be "heard
above the din" now shattering American po-
litical life.
Well, that is Agnew's right, and the na-
tion's ear doctors will welcome the extra busi-
ness, Editorialists and columnists who are of
a mind to criticize will not be cowed,
While the press is well able to withstand
the vice president's offensive, the never-to-be
muzzled Agnew does pose some problems for
a nation sated with florid rhetoric. The office
of the vice presidency, always useless while
the top man is in good health, is being de-
graded further as the incumbent finds noth-
ing better to do than to quarrel with news-
paper columnists. It may_ be necessary to
create a separate job of vice president for
verbal excess, a post Agnew could hold for
life. The real vice president then would have
time for more useful tasks, while waiting in
patient dignity pending any necessity for
him to assume the Presidency.
The more serious problem is that Agnew
has the undoubted ability to arouse the tem-
pers and fears of many who hear or read his
statements. He helps some people to hate-
without helping them to understand-the
forces that are dividing the country. He con-
tributes to worsening these divisions. And
though he deeply resent the implications,
this helps bring on the bloody confrontations
that have rocked the country in recent weeks.
So amid the laughter that the vice presi-
dent provokes whether on the speaker's plat-
form or the tennis court, a few tears also
should be shed. _
ADDRESS BY MSGR. HUGH J.
PHILLIPS
HON. J. GLENN BEALL, JR.
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Monday, June 1, 1970
Mr. BEALL of Maryland. Mr. Speaker,
Mount Saint Mary's College, located in
Emmitsburg, Md., is one of our Nation's
most distinguished institutions for
higher education.
Recently a parents' day convocation
was held on this campus, and a most
significant address was delivered by the
president of this college, Msgr. Hugh J.
Phillips,
Monsignor Phillips' message is partic-
ularly applicable today and, I think,
provides for young people the basis for
a better understanding of the wonderful
opportunities that exist for them in our
country. I include herein the text of
Monsignor Phillips' fine address:
ADDREESS BY MSGR. HUGH J. PHILLIPS
Let me extend to each of you my personal
welcome and that of the entire college com-
munity, to our campus on this Parents Day.
Parents Day is an occasion in which the
Mount expresses its gratitude to the parents
of our students and to the parents of pro-
spective students for directing their sons to
Mount Saint Mary's for their higher educa-
tion. It is also an occasion for our staff
and faculty to share with you, and yours our
care and concern for the intellectual, spirit-
ual and social development of your sons. We
share in your pride in their accomplishments
in these and other collegiate endeavors.
Presidents of colleges usually take advan-
tage of a day like this to tell the older gener-
ation how bright their sons are-how the
world is waiting for them to renew and trans-
form society-in short that they are the
hope of mankind. I would like to reverse that
process. I would ask the members of the
student body to take a good look at you, the
older generation, as you walk around, on the
campus enjoying your visit with us and I
would like to re-introduce you to your sons as
representatives of some of the most remark-
able people ever to walk the earth. People
they might want to thank on this day as well
as graduation day. You are the people your
sons already know-parents and grandpar-
ents. I think your sons, the younger genera-
tion, will agree that you are indeed a re-
markable people.
Not long ago Bergen Evans, a radio per-
former and also a Northwestern University
educator, got together some facts about the
older generation-your parents and grand-
parents. Let me share some of these facts
with you.
And you are members of the older genera-
tion--according to the standards of the
younger generation if you are over 30 years
of age.
You parents and grandparents-are the
people who within five decades-1920-1970-
have by your work increased the life expect-
ancy of your children by approximately
50%-who while cuting the working day by
a third, have more than doubled per capita
output. You are the people who have given
the younger generation a healthier world
than you found. And because of this they
need no longer have to fear epidemics of flu,
typhus, diphtheria, smallpox, scarlet fever,
measles and mumps that you knew in your
youth. And the dreaded polio is no longer a
medical factor, while TB is almost unheard
of.
Let me remind your sons and their genera-
tion that you remarkable people lived
through history's greatest depression and
survived it without tearing the nation apart.
Many of you know what it is to be poor,
what it is to be hungry and cold. Almost
daily you had to forego the use of the family
car and use public transportation. Often your
homes were not as warm as you might have
wanted them to be because of the shortage of
fuel and because of this, you were deter-
mined that it would not happen to your chil-
dren, you were determined that they would
have a better life, better food to eat, milk to
drink, vitamins to nourish them, provide
them with a warm home, better schools and
greater opportunities to succeed than you
had.
Because you gave your children the best,
they are the tallest, healthiest, brightest and
probably best generation to inhabit the land.
And because you were industrious your
children will work fewer hours, learn more,
have more leisure time, travel to more distant
places, and have more of a chance to follow
their life's ambition.
You, the older generation, are also the
people who fought man's greatest war. You
are the people who defeated the tyranny of
Hitler in his attempt to conquer the world
and, as he prophesied, "to rule it for a
thousand years." Twelve million men of your
generation fought in the deserts of Africa
where the Nazis were, in Italy where the
Nazis were in France where the Nazis were,
in Belgium and Holland where the Nazis
were and on the high seas where the Nazis
were-and you didn't cry "Stop, you're going
to get hurt!" because you knew that unless
such aggression was successfully defeated
America would either be a tiny, unsafe for-
tress in a Nazi world or a pliant tool of Nazi
dictatorship, and who when it was all over
E 4969
you had the vision and compassion and the
enlightened generosity to spend $16 billions
of dollars to help.. your former enemies re-
build their homelands: The Soviets were in-
vited to join but refused. And you are the
people who had the sense to begin the United
Nations. And it was your generation that
created NATO as a collective shield against
future -aggression.
Your generation helped to defeat aggres-
sion against Greece, Turkey and South Korea
and they are free nations today.
Your generation didn't find that the "sys-
tem" stood in the way of doing these things.
You used the "system" and made it work.
It was representatives of your generation,
who through the highest court of the land,
fought racial discrimination at every turn
to begin a new era in civil rights.
It was representatives of your generation
who In Congress passed the most far-reach-
ing voting rights law.
Parents, it was your generation that built
thousands of high schools, trained and hired
tens of thousands of better teachers, and at
the same time made higher education a very
real possibility for millions of youngsters-
where once it'was only the dream of a wealthy
few.
And you made a start-altho a late one-
in healing the scars of the earth and in fight-
ing pollution and the destruction of our
natural environment. You set into motion
new laws giving conservation new meaning,
and setting aside land for yourselves and
your children to enjoy for generations to
come.
You also hold the dubious record for pay-
ing taxes--altho your children will probably
exceed you in this.
It was your generation that successfully
took man to the moon. It was also this same
generation that radioed back to earth that
they too had problems on the flight of Apollo
13, and, as the whole world was watching ...
very serious problems. But the courageous
trio of Astronauts turned what appeared to
be a tragic failure into a tremendous and
beautiful triumph. Once again Americans
proved their ability to cope with critical
problems and proved again the American
capacity for accomplishment under stress:
you can do it if you have to. That was the
primary accomplishment . . . and the triumph
... of Apollo 13.
While you parents and your generation
have done all these things, and more, you
have had some failures. Your generation has
not yet found an alternative for war nor for
racial religious hatred. Perhaps the younger
generation, members of our student body,
will perfect the social mechanisms by which
all men may follow their ambitions without
the threat of force-so that the earth will
no longer need police to enforce the laws,
nor armies to prevent some from trespassing
against others. But you, parents, and your
generation-made more progress by the
sweat of your brows than in any previous era,
don't you forget it. And, if the younger gen-
eration can make as much progress in as
many areas as you have, they should be able
to solve a good many of the world's remaining
ills.
It is your country too. You and your gen-
eration have fought for it, bled for it,
dreamed for it, and we love it. It is time to
reclaim it.
It is my hope, and I know the hope of you
parents and your generation, that the young-
er generation finds the answers to many of
the problems that still plague mankind.
But it won't be easy for you of the younger
generation. And you won't do it by negative
thoughts, nor by tearing down or belittling.
You may and can do it by hard work, humil-
ity, hope, prayer, and above all-faith in God
and in mankind.
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I gave him a list of requests I had pre-
pared. Some of them he approved, such as
a trip south, as close to the Demilitarized
Zone as possible. Some he rejected, such as
a visit to Dienbein Phu. On others, such as
a trip to the port of Haiphong, he said he
would see what could be done. As it turned
out, there wasn't time.
Interviews were arranged with a number
of high officials, including Foreign Minister
Nguyen Duy Trinh, Minister of Culture,
Hoang Minh Giam, Editor-in-Chief, Hoang
Tung of Nhan Dan, the official Communist
Party newspaper, Secretary-General tun
Quy E:y of the journalists asociation, a rep-
resentative of the Provisional Revolutionary
Government of South Vietnam and others.
I asked almost every day to see one of
more of the captured American pilots. They
never said no, but they never said yes. On
the last day, My told me he was sorry but
a meeting had been impossible to arrange.
"Why not?" I asked. "There wasn't time,"
I was told.
The early days were mostly taken up with
visits to historical museums. It's how the
North Vietnamese impress on visitors their
view that the war is simply the latest inci-
den in a long series of struggles against for-
eign invaders.
They didn't seem to be at all shy about ad-
mitting that their ancient enemy and most
frequent unwanted guest was China, their
giant neighbor to the north.
I was even told a couple of anti-Chinese
jokes, including this one about the Vietna-
mese ambassador at the Chinese court:
The emperor, in order to humiliate the am-
bassaror, asked if all Vietnamese were as
short as he. The ambassador replied:
"Oh, no, your majesty. We have tall peo-
ple, middle-sized people and short people.
We ambassadors to middling countries and
short ambassadors to little countries like
yours."
(While passing this story along to me, my
interpreter learned a new English phrase:
One-upmanship.)
One of the most interesting museum ex-
hibits was a huge room-sized electrified floor
model of the battle of Dienbienphu. An
hour-long tape-recording in English ex-
plained the famous 1954 victory over the
Tench, with red flashing arrows marking
to communist advance, and green blinking
hts the shrinking French positions.
Another fascinating item was He Chi
Minh's little wicker suitcase, sandals and
portable typewriter. I was told that this is
all the gear the communist leader carried
with him in his mountain hideout during
the nine-year war against the French. He
was even more elusive than COSVN, the
hard-to-find communist "headquarters" in
Cambodia, my hosts noted with grins.
On the third day I was invited to an un-
usual press conference. It was held in an
ornate, carved wooden hall, open to the air
on all four sides.
About 50 Vietnamese and foreign reporters
sat in chairs around the hall. In the center
was a table for the guest of honor, Hoang
Quoc Viet, an old ally of He Chi Minh's.
He was just back from an "Indochinese
peoples summit conference" in China and
wanted to tell the world press about it.
As Viet entered, most of the journalists
stood up and applauded. He read a statement
and the official declaration of the conference.
Then he took questions, five at a time, and
disposed of them in batches. At the end,, he
was applauded again.
Ron Ziegler, President Nixon's press secre-
tary, never gets that kind of treatment.
At 7 a.m, on the fourth day, My. Nhan
and the driver called for me in a sturdy,
gray-green Russian jeep. We were off on a
six-day, 700-mile journey through the coun-
tryside, and the soft-sprung "Volga" would
never make it over North Vietnam's battered
highways.
They were taking me down Route One, the
famed "street without joy," which runs from
Hanoi to Saigon and beyond. We would go
within 25 miles of the DMZ, but my request
to visit the border zone itself was turned
down. "Too busy," I was told.
As the main communications link between
Hanoi and the south, Route One was a
favorite target of the U.B. Air Force and Navy
during the four-year bombing raids.
The devastation along the route is incredi-
ble. I'd seen parts of Poland after World War
II, when both the German and the Russian
armies had worked it over, and it wasn't as
bad as this.
Of course, the North Vietnamese are aware
of the impact of a trip through the bombed-
out zone. No doubt that's why they take
foreign reporters there.
Nevertheless, the evidence of immense
destruction to civilian as well as military
targets is overwhelming.
The first 100 miles south of Hanoi weren't
badly damaged. The road compares with a
poorly maintained two-lane secondary high-
way back'home.
Out of the industrial suburbs, vehicular
traffic thinned out. We passed Russian- and
Chinese-matte trucks lumbering south with
loads of petroleum, rice and ammunition for
the battlefields,
There were truckloads of pipe for an oil line
the North Vietnamese are constructing in
southern Laos. There were steel I-beams and
pontoons for bridges along the He Chi Minh
Trail.
Besides being the national thoroughfare,
Route One is also North Vietnam's Main
Street. Pedestrians, bicyclists and ox-carts
were almost as thick as in the city, moving
from village to village strung out along the
road.
The driver's thumb rarely left his horn.
With a blare of sound he plowed a path
through the river of humanity that parted
before our jeep and closed again behind .
The road runs like a causeway across the
rice fields. rippling emerald-green as far as
the distant mountains. Every 10 feet. a fox-
hole has been dug on one side of the road
or the other, in case American bombers
appear.
One afternoon, when a jet that looked like
an F-4 Phantom fighter-bomber buzzed our
jeep, I started keeping an anxious eye on the
nearest foxhole.
As we got further south, the occasional
bomb craters along the roadside multiplied
and grew closer together. Near the ends of
bridges they pitted the face of the earth like
acne.
Every bridge but one was knocked out,
and we crossed rivers and irrigation ditches
on rocky fords, makeshift plank bridges,
pontoons or ferries.
Even so, the road was much better than
last year, my driver said. It used to take
five days to make the 310-mile run from
Hanoi to Dong Hoi, capital of the southern-
most province of Qyang Binh. We made it in
two days, with an overnight stop in a guest
house recently built amid the ruins of the
provincial city of Vinh.
There is nothing left of Dong Hoi, once a
city of 14,000, but a mile-long field of craters
and rubble, a cathedral minus its roof and a
water tower with three shell holes in it.
They put me up for three nights in one
of the temporary villages where the popula-
tion has been relocated outside the city.
My "motel" was a dirt-floored, thatch-
roofed but very clean two-room cottage with
a palm thatch privy out back,
From there I was taken on tours of Dong
Hoi and three neighboring villages. In each,
local officials displayed actual and photo-
graphed evidence of bomb damage, and told
how the people survived, by digging under-
ground or scattering into the mountains.
It was in one of those villages, on the
morning of May 1, that I watched Ameri-
can planes fly over North Vietnam and drop
load after load of explosives on a valley hid-
den by low hills about 10 miles away.
Since the area was only 18 miles north of
the DMZ, I presumed that some of the three
divisions of North Vietnamese troops re-
portedly statiohed near the border were
there.
In answer to my questions, however, my
escorts insisted there were no military tar-
gets, only farming communities. When I
asked to be taken to the bomb site to see for
myself, I was told it was too dangerous.
This is one of the few times I felt my hosts
may have been somewhat deceptive with me.
Otherwise, their efforts at "managing the
news" consisted mostly of careful selection
of what they showed me, a procedure em-
ployed routinely by all governments and cor-
porate public relations departments.
Some answers to my questions, however,
were disturbingly vague.
For example, when asked about American
fears that there would be a bloodbath in
South Vietnam if the communists took over,
officials simply assured me they had a tra-
dition of treating their enemies with leni-
ency.
They passed over He Chi Minh's purge of
his non-communist allies in 1946, the kill-
ings of landlords and rich peasants in 1956
and the apparent massacre of several hun-
dred citizens of Hue during Tet, 1968.
Furthermore, they constantly complained
about the activities of U.S. troops in Laos
or Cambodia, but never conceded the pres-
ence of their own forces there.
In my conversations with the North Viet-
namese, I told them I was a reporter, not 'an
advocate for one side or another.
I told them I would write what I saw and
learned in their country, balancing it against
what I knew from other sources.
After I left Hanoi, I was going to Saigon,
I said, to listen to the other side.
And that is how the series of articles be-
ginning today in this newspaper came to be
written.
EXCLUSIVE: How WAR LOOKS FROM INSIDE
NORTH VIETNAM: MORALE SEEMS HIGH DE-
SPITE BOMB DAMAGE
(By Robert S. Boyd)
High on a bomb-scarred hill about 100
miles south of Hanoi, white stones spell out
a hugh slogan, like a "Beat Navy" sign at
West Point.
"Quyet Thang," it reads in Vietnamese.
"Determined to win."
More than anything else I saw in two
weeks in North Vietnam, those words
summed up the present state of mind "be-
hind enemy lines."
Mentally, they seemed "determined to
win." Materially, they looked as if they are
prepared to carry on until they do.
Even before I left Washington, I was sure
that the North Vietnamese would try to
persuade me of their unshakable resolve.
It's an essential psychological tactic in
their war -strategy against a more powerful
enemy, and they use it vigorously.
But even allowing for this hard sell, every-
thing I saw or heard or read in the two
weeks, including a six-day trip through 700
miles of countryside, led me to the ean-
elusion that it's not just a bluff.
Five years of bitter war against the United
States appear to have left North Vietnam:
Battered but unbeaten.
Proud, confident, even gay.
Profoundly convinced that she .can out-
wait or outmaneuver the United States and
achieve the goal her leaders have sought for
40 years, a united, independent, and com-
munist Vietnam.
"If we don't do it in our generation, the
next generation will," one official said.
The very poverty, simplicity and hardship
of life in North Vietnam provide perhaps
her greatest strength in the war of wills.
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Many of the bombs, of course, did hit mili- North Vietnamese bicycling on the road con-
tary targets, like the blasted roads, bridges, tinued to pedal along, hardly bothering to
trucks, railroad tracks and rolling stock look at the distant pillars of fire and smoke.
which I saw and photographed on my trip. The local official I was talking to seemed
Although I was not shown any military irritated that I was wasting time watching
bases or supply dumps, SAM missile sites or the bombers instead of inspecting his col-
major anti-aircraft installations, no doubt. lection of trophies. This Indifference seemed
they were hit, too. to substantiate the North Vietnamese claim
Some of the explosions from the one U.S.. that air raids are still a routine occurrence.
bombing raid I witnessed were so tremendous Officials showed me photographs, medical
that I presume they may have struck an reports and physical evidence (a shattered
ammunition or petroleum dump. cooking pot, burned rice and clothing) of a
Nevertheless, in the process, schools, hOs- raid they said occurred April 19 on the vil-
pitals, churches, pagodas and countless ordi- lage of Trung Hoa, Quang Binh province.
nary homes were also pulverized. I saw and Three people were killed and 17 wounded
photographed them, too. in that all-day attack, along with 44 buffa-
The total of civilian casualties, like mili- loes and four pigs, they said.
tary ones, is treated as an official secret in While there was no way I could verify the
Hanoi. date of the raid, their photograph of a U.S.
But in my visit I saw a number of women cluster bomb casing clearly showed the load-
and children who had been seriously burned ing date: 12-69. That was 13 months after
or scarred in air attacks. I talked to some of the official end of the bombing.
them and photographed them. Another post-halt raid, on Feb. 5, 1969,
I was shown photographs, charred scraps of killed two children in a village six miles
clothing, bullet-ridden school books, torn west of Dong Hot and badly burned their
and . twisted cooking pots, damaged hoes, mother, Mrs. Nguyen Thi Minh, 31, she said.
shov
ls bic
cles f
rnit
e
y
u
ure I
,,. photographed her outside her damaged
Village authorities showed me notebooks house.
filled with detailed lists, and statistics on Quang Binh province, the southernmost
numbers and dates of attacks, types and in North Vietnam, has been the heaviest vic-
quantities of aircraft and weaponry, numbers tim of the raids. I spent 21/2 days there, visit-
and names of casualties, medical diagrams of ing nearby villages and living in a thatch-
wounds, village museums displayed frag- roof, dirt-floor cottage five miles west of
ments of bombs and shot-down planes, Dong Hoi.
equipment and clothing of captured U.S. At night, artillery could be heard rum-
pilots. bling along, the DM'L, 35 miles away, and
Although the displays are carefully col- flares lit up the southwestern sky.
lected and designed to impress visitors, so The chief of the i' Incial "Commission
much evidence cannot have been invented. for Investigation of 'U.S. War Crimes" dis-
There is no doubt in my mind that mass played a notebook in which he said were
destruction of property and widespread kill- records of 72 air raids In the last two months
Ing of civilians occurred. of 1968; 160 raids in 1969, and 32 raids In
Whatever the Intentions of the Pentagon the first four months of 1970. These figures
planners, or of the young American pilots do not count reconnaissance flights, which
igh up In the blue. North Vietnamese said are almost a daily occurrence and run into
ey are convinced that the United States thousands, he said.
A lcted a deliberate "war of extermina- It was impossible to determine the ac-
yn" against their people. curacy of these statistics. They seemed high
,,communist officials said the four-year air to me, but then so do official U.S. Claims of
ear was designed to "break our will" and "enemy kills" in Vietnam, which are also
"force us to surrender," impossible to verify.
As evidence, they cited the repeated use of At any rate, North Vietnamese seem to
napalm, phosphorus and steel-pellet "clus- accept the figures. Everyone I talked to in-
ter bombs," which are only of use against
living mesh, not steel or concrete. sist that the United States Is willing to kill
The cluster bombs seemed to stir the most civilians in order to achieve its aims.
only made our will to resist
bitterness. About four feet long and 10 inches "The attacks
`hick, they scatter over a field several hun- stronger," said'Mrs. Nguyen Thi Duyen,
.iced orange colored b.omblets like small mayor of Dong Hoi city.
,,baseballs. Each bomblet bursts open on im- "My people acquired a deep hatred of the
pact and sprays out about 250 steel pellets, enemy during the raids," said Nguyen Ngai,
about a tenth of an inch in diameter, Any- president of Vo Ninh village south of Dong
thing caught in this hail of metal is doomed. Rol. "But their spirit is not shaken. They
The Pentagon says the cluster bombs are are more determined to fight back."
Intended for use against anti-aircraft crews The irony is that the raids, for all their
aiming at American planes. destructiveness, apparently never achieved
And since every village in the southern their principal objective-inhibiting the
part of North Vietnam seems to have its flow of men and supplies to the south.
own homeguard trained to shoot at enemy North Vietnamese boast how quickly they
aircraft overhead-sometimes only with were able to patch up the road, rig tempo-
rifles-the Pentagon can always take the rary bridges, keep rail traffic moving stead-
position that a raid was "protective re- ily if slowly.
action." Spare tracks, ties and ballast are stacked
Literally thousands of cluster bomb eas- all along the roadroad right of way, ready
Ings litter the countryside. They are used for instant repairs.
as decorations, as fence posts, as road signs, I was shown a stretch of Route 1 in Vo
as footbridges across a ditch. Ninh, only about 25 miles from the DMZ. It
Most are painted with sarcastic slogans, had been bombed repeatedly and intensively.
such as President Nixon's name, or "Amer- Enormous craters mark the surrounding
Ica will surely lose; we will surely win." fields.
Many bear loading dates onl
a cou
l
f
y
p
e o
But by using bricks from their homes,
months before they were dropped. stones from the hills and clay from the rice Despite the widening gulf among all seg-
One Isaw had its manufacturer's name- y fro menu of our society, the country is worth
paddies, the villagers had kept the road Downey, it Calif." still "It was never blocked longer than an hour," out the sacrifies made by the men we honor
neatly clamped to Its shell, village president Ngai said. on Memorial day it would not be so. Let us
Based on what I could see, there is ,no A leading Quang Binh provincial official, not forget that as we fly the flag, march in
doubt in my mind that the U.S. attacks have Dang Gia Tat, displayed a sense of humor parades and decorate graves.
continued long after the supposed bombing about the raids that laid waste to his As it is often said, they "gave their last
halt 19 months ago. province. full ounce of devotion." Let us give an ounce
While I was taking pictures of our bomb- "The more you attacked us, the more we of respect on one day of the year to them.
ers striking Quang Binh province on May 1, laughed," said Tat. They deserve it.
"You gave us handkerchiefs made out of
nylon parachutes, cups from the shells of
pellet bomblets, plowshares from the bomb
casings, and aluminum cooking utensils
from the metal of your planes which we shot
down.
"You said you would bomb us back to the
stone age," Tat grinned. "But instead, you
brought us to the age of aluminum."
DON'T DILUTE, THE HONOR OWED
TO OUR WAR DEAD
HON. EDWARD J. DERWINSKI
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Monday, June 1, 1970
Mr. DERWINSKI. Mr. Speaker, as we
return to Washington after the brief
Memorial Day recess, I hope that most
Members share my observation that the
public very properly and effectively com-
memorated the traditional Memorial
Day holiday by paying proper respect to
the men that had fought and died so
that our land may remain the citadel of
freedom. This fact was emphasized to
the readers of the Chicago Suburban
Economist prior to Memorial Day in an
editorial Wednesday, May 27. The edi-
torial follows:
DON'T DILUTE THE HONOR OWED TO OUR WAR
DEAD
With the nation badly split over Viet Nam
war policies, it is likely that the real mean-
ing and purpose of Memorial day will be lost
this year amidst the fiery orations of speak-
ers and demonstrators representing the sev-
eral points of view.
Let us remember, then, that the purpose
of Memorial day is to decorate the graves
and honor the memory of men who have
given their lives in armed conflicts for their
country.
Actually, of course, the observance was
originated by an Illinois native, Gen. John A.
Logan, commander of the Grand Army of
the Republic, when 102 years ago-May 30,
1868-he proclaimed this day to decorate the
graves of Union soldiers who died in the
Civil war.
Since then the day has come to be ob-
served as a time to honor the dead of all
wars. Many families, too, have adopted this
custom of visiting and caring for the graves
of all their loved ones, whether or not they
died in the service of their country.
The point is that on this day we should
direct our sentiments toward the sacrifices
made by the gallant men in all branches of
our armed services who answered their coun-
try's call and made the supreme sacrifice.
To spend Memorial day debating the po-
litical aspects of the Viet Nam or any other
war-though this will be done on a wide
scale, no doubt-is to detract from the
valor of our fighting men the day is in-
tended to honor,
This is not to say war in general or the
Viet Nam war in particular should not be
debated. It is to say that on this day we
should unite to salute the individuals who
have displayed the highest degree of bravery
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E 4974
RESOLUTIONS TO THE ACCOUNT-
ING CRISIS IN MERGERS
aid Financial Chronic
entitled "Solutions to
"would make a shambles out of earnin
reports." The article further states:
The changes designed to eliminate so-
counting methods which act to inflate earn-
ings are constructive. However, the proposed
shift to purchase accounting would create
such unfortunate economic effects that it is
an undesirable substitute for pooling.
The article suggests a number of
methods for dealing with the practices
with which the draft attempts to deal,
without creating the problems which air-
parently would come from the adoption
of the draft.
This presentation is certainly a most
interesting and informative one in ap-
proaching an accounting decision whose
impact will reach far beyond the ac-
counting profession. Consequently, I in-
clude the entire article in the RECORD at
this point:
'iOLUTION TO THE ACCOUNTING CRISIS IN
MERGERS
(By Jules Blackman*)
IN THE HOUSE b~F REPRESENTATIVES
Monday, ne .1, 1970
in recent years, accounting conventions
have played a significant role in determining
the magnitude of reported corporate earn-
often cover a broad range of alte atives,
thus making it possible to select th a which
2ould be achieved by merge and "instant
earnings growth" by the m thods used to
achieve the latter objective.
leophoies and to eliminate
litres which is now being, actively debated.
Combinations either have been recorded
on a pooling of interests basis or by pur-
cluase accounting. Pooling of interests pre-
serves a continuity of earnings by com-
bining the records of the two companies for
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CONGRESSIONAL RECORD - Extensions of Remarks Jane 1, 19,
earlier years and requiring no special charges
against earnings. On the other hand, pur-
chase accounting requires a recording of the
"fair value" at the time of the purchase
and may result In the creation of goodwill
or other increases in assert values which
provide a new cost basis and act to reduce
reported earnings if they must be written off.
Most mergers have involved an exchange
of common stock and have been recorded as
a pooling of interests. The proposed new
rules of the game would mean that purchase
accounting would be used for most mergers
with a mandatory amortization of goodwill
over a period not to exceed forty years. The
net result would be a reduction in reported
earnings and hence a reduction in the at-
tractiveness of many mergers.
ABUSES AND REMEDIES
1. believe that the more significant meth-
ods of inflating of earnings under present
practices could be eliminated without the
se': ere restriction proposed on pooling of in-
aaid possible remedies.
1) Creating "instant earnings"
ing, in the financial report for a
Daft properly seeks to stop
pea ding for the combing
crease in
year on a
rven year
acquired
mt(thgll or the ot9ier for, acquisition even
thoujfh it was com feted in two or more
tends or plans" to soil oyepart of the ac-
quired assets within two sit could not
t''e pooling of interests. How ver, if there is
no intent or plan to sell, po ing could be
iced and then If a sale is ma e within two
years it would be permissible to report it
as an "extraordinary item" (pa . 58). This
dichotomy of treatment would 1 d itself to
new abuses. Companies could be reful not
to commit to paper any evidence f intent
or plan to sell off assets and then fter the
merger is completed "suddenly" disc ver rea-
sons why assets should be sold. It uld be
better to forget about the two-year r le and
I ' provide that all such earnings be cl stied
These four methods of increasing rn-
ings could. all be eliminated within the
meted without throwing the baby out w
rile alleged "dirty pool."
as acquisition to qualify for pooling some
companies have bought their own stock in
the market for cash and then exchanged
such treasury stock for stock of the ac-
quired company. This loophole can be closed
by confining the use of pooling only to sit-
uations where unissued stock is used.
(6) The Exposure Draft proposes to limit
the use of pooling only to acquisitions where
the smaller company is at least one-third
as large as the larger company in a com-
bination. It is often conceded that there
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is no real basis for the Size test but one
should be imposed anyway. Thus, Andrew
Barr, Chief Accountant of the SEC, has
stated:
"Deterioration of the relative size test
for qualifying for pooling accounting has
received severe criticism. While it Is my per-
sonal opinion that this test is not a sound
basis for an accounting rule, as a practical
matter the reimposition of a substantial
sire test appears to be desirable at this
time." 1
If pooling is conceptually sound-as it
appears to be-on what basis can one select
one-third or any other ratio and then say
that at a lower ratio It is not a satisfactory
accounting method.
The economic implications of the proposed
one-third rule also must be considered. It
will hurt smaller companies which seek to
merge because it will reduce significantly
tife number of potential merger partners.
The marketability of smaller companies
would be much reduced. This, in turn, will
lessen the incentive to start new companies
and hence reduce the extent of competition
in the affected industries, I do not see any
economic merit in the proposed size test,
the main effect of which Is to place a major
hurdle in the way of large mergers.
(7) The Exposure Draft proposes that
pooling could be used only where "90 per
cent or more" of the exchange is accounted
for by common stock (par. 46b). It does
not appear that convertible preferred stock
can be counted to meet the 90 per cent
minimum. If such stock has voting priv-
ileges and is convertible into common at the
holder's option, why shouldn't it be in-
cluded in the 90 per cent total? The ability
to issue such convertible preferred stock adds
to flexibility in fashioning mergers. While
such stockholders have a preferred position
for dividends, in other respects they are simyrl
ilar to common stockholders. This Is rc.
ognized under APB Opinion No. 9 since cc,
panics must now report earnings on a fu,
diluted basis--that is on the aessumptic
that such preferred stock as well as othr
convertible securities and warrants are con-
verted into common stock.
It should also be noted that the SEC has
stated that "Only unissued common stock
or convertible )referred stock which meets
the test of being a common stock equivalent
at issuance and which has voting rights
equivalent to the comm ~ shares to be re-
ceived on conversion should be issued in
exchange for the common shares or the net
assets of the company be acquired." a This is
a more realistic interpretation of the role of
convertible preferred stock than it.s exclusion
from the 90 per cent rule in the Exposure
Draft.
VALUING ACQUIRE:1) ASSETS
Under the purchase me+hod of accounting,
the value of the net assets of the acquired
company is changed to conform to the price
paid by the acquiring company. Where the
consideration is cash, the determination of
the cost is relatively simple. But where
the acquisition is made through the issuance
of common stock or convertible preferred
stock, almost Insuperable problems are met
in determining the "fair value" of these
securities. When the purchase price exceeds
the book cost of the acquired company, the
difference is allocated to each of the assets
where warranted with the amount not so
allocated designated as goodwill.
:MARKET PP.ICES OF STOCK. DO NOT REPRESENT
"FAIR VALUE (.5' ASSErs
The Exposure Draft states that "The
resets fair value.,' (par. 71) It notes that
"the reliability of the quoted market price
of stock . . . as an indicator of fair value
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Senate
(Proceedings of the Senate Continued From the Congressional Record of May 26, 1970)
ADDITIONAL STATEMENTS OF
SENATORS
THE PRESIDENT AND
IN VIETNAM
Presidde'ntt,, the foreign
constitute one of the great-
in the history of our coun--
tr'y."7 I o into Vietnam we violated
a military and political axiom of cen-
turies standing-that no country should
engage in a land war on the Asian.oontji-
nent. President. Eisenhower warned
against this, as did General MacArthur
after Korea. The French learned this, as
have' other nations throughout history.
We saw our participation escalate from
having a few advisers in Vietnam to the
point where American boys had taken
over the bulk of the, fighting' and were
doing what President Johnson assured
the country they would not be called on
to do, and that was to do the fighting
that Asian boys were supposed to do.
We saw our force of fighting men in-
crease to around 550,000 in number. We
have lost 50,000 men killed-some of the
finest men of their generation-and 1,000,
of these were Alabama boys who laid
down their lives for their country.
Wounded Americans number some
300,000, many of them permanently in-
jured. Some $100 billion have been spent
in support of the war effort.,. Our country
has been torn asunder, our people divided,
faith in our Governrpent and democratic
principles and institutions has been
shaken. Many of our colleges and uni-
versities have been ruined. Weakness of
character of many in responsible posi-
tions has been exposed. Our framework
of government has been undermined. O1r
economy has been wrecked, Inflation
runs rampant. Prices and unemployment
shoot up. We are in the midst of a re-
cession inside of an inflationary period.
All of this-and for what? No con-
ceivable outcome of this tragic conflict
could possibly justify our having par-
ticipated in it to the extent that we have.
Surely there are few in the country
who are glad we became involved in Viet-
nam. Surely there are few who do not
want to see an end to the fighting and.
the killing. Surely there, are few who do
not want peace. Surely there are few
who do not want to see our boys returned
to their homes and their loved ones.
Americans want peace-peace with
honor-but not peace at any price--not
peace through abject surrender.
History has no record of a military
conflict other than this one in which
one side, with overwhelming power, with
power to wipe its adversary off the face
of the earth, has sought peace so assidu-
ously and so magnanimously as has our
country. Peace terms are not "uncondi-
tional surrender," for we have forsworn
a military victory and ask only that the
South Vietnamese be allowed the right of
self-determination as to its destiny and
as to its government.
We have sought peace, publicly and
privately, through usual and unusual
methods, in direct and indirect negotia-
tions, in open and in secret sessions.
We have brought the South Vietnam-
ese and the Vietcong into the negotia-
tions.
We have limited bombing; we have
stopped bombing altogether.
We have withdrawn 115,000 troops
from Vietnam, and the President has
promised the withdrawal of 150,000 more
in the next 12 months.
We have done all these things, but only
one bilateral agreement has been made.
That is the agreement on the shape of
the negotiating table and the seating
arrangement of the so-called peace
negotiators.
I& there any wonder that a new ap-
proach must be tried?
It must be remembered that the Viet-
nam War is not of the making of Presi-
dent Nixon. When he became President,
the War and our participation in it, ex-
cept for the bombing halt, had been es-
calated to an all-time high. A record
number of American troops were in Viet-
nam at that time.
President Nixon's policy at all times
has been to de-escalate our participa-
tion in Vietnam and turn the fighting
over to the South Vietnamese, but at the
same time seeing that the American
troops are protected and supported dur-
ing the process of Vietnamization.
During this Vietnamization of the War,
the President has been active in his ef-
forts to get the North Vietnamese to en-
ter into meaningful negotiations that
would bring a lasting and honorable
peace.
No person in the entire country wants
peace more than President Nixon: The
future of our country depends on it, and
no one realizes this better than the
President himself. He wants peace, and
his efforts are expended toward protect-
ing American lives, shortening the War
and achieving peace.
For years now the North Vietnamese
have used sanctuaries on the Cambodian
side of the South Vietnam border for the
purpose of attacking American and
South Vietnamese forces in South Viet-
nam and then retreating back into Cam-
bodia where they would be safe from pur-
suit by our forces. Tremendous stores of
arms and supplies were maintained in
these sanctuaries in Cambodia by the
North Vietnamese.
In order to protect American troops in
South Vietnam , from further attacks
by North Vietnamese from Cambodian
sanctuaries while. Vietnamization is pro-
ceeding,.the President ordered an attack
on these sanctuaries by American troops
in concert with South Vietnamese.
These attacks have been extremely
successful. Large stores of arms, muni-
tions, and food supplies were captured.
The enemy's ability to strike against
American and South Vietnam troops has
been curtailed. Further withdrawals of
American troops from Vietnam can pro-
ceed on schedule. Vietnamization can
continue. And the President promises
that all American troops and advisers
will be withdrawn from Cambodia by
July 1.
The President has kept his promises
about troop withdrawals from Vietnam,
about Vietnamization, about his efforts
to obtain peace. I have no reason to
doubt that he will keep this promise to
withdraw American forces from Cam-
bodia by July 1, 1970.
Yes; as I have stated, the war is not
of the President's making. He is not re-
sponsible for starting it; but now it is his
responsibility. He says that he will end
the war, that we will have a just and
honorable peace. He accepts it as his re-
sponsibility to achieve these goals. He
does not seek to shift the responsibility.
He knows the risks involved. I respect
him for his courage and his determina-
tion.
The Constitution is clear and specific
on three points:
First, The President is Commander in
Chief of the Armed Forces of the United
States. As such he can direct the conduct
of a war.
Second. Only Congress can declare
war.
Third. Congress with its power over
the purse strings of the Nation can fi-
nance a war or withhold funds with
which to prosecute the war.
What then of undeclared wars or lim-
ited wars or military actions to protect
American lives and property-who initi-
ates these and who directs them?
The history of our country is replete
with instances where limited wars or mil-
itary actions have been initiated by a
President. These actions have been taken
by the President under his powers as
Commander in Chief of the Armed
Forces. Once the conflict has been initi-
ated there seems little doubt of the Pres-
ident's power to direct the prosecution of
the conflict.
But in the conflict in Southeast Asia,
President Johnson used the Tonkin Gulf
Joint Resolution of Congress as his au-
thority to take whatever steps were neces-
sary to protect American lives, property
and interests.
So when President Nixon took office he
found a full scale war on his hands, lim-
ited only by our own self-imposed limi-
tations, among which were the bombing
halt and the observance of the sanctity
of the North Vietnamese sanctuaries in
Cambodia.
It was his duty, then, and his respon-
sibility to direct the prosecution of the
war and to take steps to protect Amer--
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S 8004
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CONGRESSIONAL RECORD -SENATE May 28, 1
can troops as the deescalation, troop
withdrawal and Vietnamization of the
war proceeded.
The President, after considering lin-
telligence reports from his military com-
manders in the field and from his mili-
tary advisers, became convinced that
enemy troop and supply concentrations
on the Cambodian side of the border with
South Vietnam were direct and imme-
diate threats to the safety and security
of the reduced American forces. As
Commander in Chief he ordered these
dangerous pockets cleaned out. At the
same time he publicly declared his fun-
t.ention of having American troops out of
Cambodia by the end of June. We have
no reason to doubt that the President
plans to keep this pledge. The progress to
date of the campaign against.the sanctu-
aries indicates that the President will be
able to have all American troops and
advisers out of Cambodia by July 1.
Congress has no power to limit or :re-
strict the powers conferred on the Presi-
dent by the Constitution. Any such
attempted action on the part of Congress
would be a nullity. Congress cannot take
from the President his powers as Com-
mander in Chief of our Armed Forces.
Those who back the Cooper-Church
amendment apparently recognize this be-
cause the thrust of their amendment is
not specifically to repudiate the Presi-
dent's actions by directing, the with-
drawal of American troops. Nowhere in
the amendment Is the right of the Presi-
dent to order the attack on the sanctu-
aries questioned. Nowhere is it averred
that the President exceeded his powers
as Commander in Chief.
The point in this controversy is not
whether our troops should be in Viet-
nam, in Cambodia, in Southeast Asia.
The point is that they are there, and
we must not forsake them. It is unthink-
able to suggest that we do anything other
than support our American troops to
the full extent.
The Constitution establishes the
President's authority as Commander in
Chief of the Armed Forces, the one man
who must make final decisions affecting
the use of our military forces. This is
not a power that the President has
seized without regard to the role and
she prerogatives of Congress. It is a pow-
er that the Constitution has placed on
the President. He would not be dis-
+charging his duty unless he acted to pro-
tect the members of the Anted Forces
in Southeast Asia.
At the same time, and wisely so, the
Constitution gives to Congress the sole
authority to provide for or to withhold
appropriations for our Armed Forces.
My attention has not been directed to
any instance In the past history of our
nation where Congress even seriously
considered exerting its control over the
Government's purse strings so as to
withhold support from American troops
in the very heat of battle, putting their
very lives in jeopardy while the debate
is going on in the Halls of Con Tress.
The original Cooper-Church amend-
r ent scat no date in the future when sup-
port for American troops in Cambodia
4hould cease. Thus, the ban would be
ffective on the passage of the bill by
Congress and its approval by the Presi-
dent; or, in the event of a presidential
veto, on its passage over the President's
veto.
The Cooper?-Church amendment was
accepted by the Foreign Relations Com-
mittee and has been reported back as
part of the committee amendment.
Let, us assume that the bill to amend
the Foreign Military Sales Act passes
with the original Cooper-Church amend-
ment as a part of the bill; and that when
the bill is sent to the President, the July
1 deadline set by the President has not
been reached and American troops are
still engaged in battle in Cambodia.
Doubtless, the President would veto
such a bill with the overwhelming back-
ing of the American people; and any
such veto would doubtless be sustained.
But suppose the July 1 cut-off date is
adopted. What would be the situation if
the bill is not passed until August 1?
What would be the status of support
given our troops in that intervening pe-
riod? Would that be illegal, and would
those who gave such support before the
enactment of the law be law violators?
Suppose again that the July 1 cut-off
date is adopted. Does that mean that
even-though American boys are In the
thick of the battle, risking their lives
for our Country, but have not completed
their mission by July 1 no more support
will be given them because of the action
which it is proposed the Senate take on
cutting off funds.
I think it is signif7,cant that neither the
original Cooper-Church amendment nor
their amendment setting a July 1 cut-
oif date make any charge that the Pres-
ident acted without constitutional au-
thority in Cambodia. Indeed the July 1
cutoff amendment would seem to ratify
and sanction continuation of the mis-
sion until. July 1, whereas, the original
Cooper-Church amendment gives no
such indirect sanction.
If, then, the President acted within his
constitutional authority, why should the
Senate be called on to repudiate his ac-
tions by withholding support from his
efforts and the efforts of American troops
in Cambodia?
The President has said that the de-
struction of the sanctuaries will protect
American troops in Vietnam; that it will
shorten the war and hasten peace; and
that we will be out of Cambodia by July 1.
I respect the President's judgment,
aid I believe and honor his pledge that
our troops will be out of Cambodia by
July 1.
Proponents of the amendment agree
that setting a cutoff date for support of
troops is merely in line with the Presi-
dent's promise and is merely taking him
at his word.
I don't see it that way. If we believe in
aad trust the President or if we respect
him as Commander in Chief of the
Armed Forces we would take him at his
word on his promise to withdraw our
forces by July 1, 1970.
We need only one Commander in
Chief, and the Constitution wisely pro-
vides for only one, and that is the Pres-
ident of the United States.
Our country does not need a war coun-
c.l of 535, composed of 100 Senators and
435 House Members to determine strat-
egy, to plan and employ tactics, to de-
tide where, how, and when to fight.
Nothing could be more ridiculous or dis-
astrous for our country.
Deciding such questions in the Halls
of Congress In full view of the world
would advertise our plans and our strat-
egy and tactics to friend and foe alike.
A foreign power hardly needs an es-
pionage system. Let them subscribe to
the CONGRESSIONAL RECORD, Time maga-
zine, the Washington Post, the New York
Times, and the Wall Street Journal and
obtain copies of the' hearings of our
Senate FOt'e!g7r'Re1aticns and Armed
Services Committees and they could gain
a pretty good idea of our military pre-,
paredness and of our overall strategy of
foreign relations, as well as the divisions
among the American people in these
areas.
This is just one'of the prices we pay
for having a democracy where the peo-
ple have the right to know.
Adoption of the Cooper-Church
amendment can in my Judgment serve
no useful purpose. Adoption of the
amendment, on the contrary, would be
detrimental for many reasons:
First. It would raise questions and
create doubt as to the credibility of the
President of the United States.
Second. It would question the powers
of the President of the United States as
Commander in Chief of the Armed
Forces.
Third.. Incredibly, it would cut off sup..
port from American soldiers fighting for
their country, while they are on a mill..
tary mission to which they were dis-
patched by the President of the United
States.
Fourth. It abandons `Cambodia and the
Cambodian sanctuaries to the North
Vietnamese and tells them that they can
come back and take over Cambodia,
thereby putting our American troops in
South Vietnam in greater jeopardy.
Fifth. It seriously weakens the power
of the President as spokesman for this
country in the quest for peace. This
repudiation of the President and his ac-
tions will be known in national capitals
throughout the world within minutes of
our action on this amendment.
Sixth. It emphasizes our national divi-
sions and lack of unity in the matter of a
national foreign policy.
Seventh. It could discourage firm and
timely action by the President in future
crises in use of Armed Forces of the
Nation.
Eighth. It could encourage our real
adversaries, Russia and; China, in be-
lieving that we lack the national resolve
and determination to see the Vietnam
war to an honorable conclusion.
Ninth. It advises our enemies as to
what our plans are in Southeast Asia,
telling them just what limitations our
Armed Forces are under, just how far we
will go and no further. It removes all
flexibility from future military plans and
operations.
Tenth. It prevents the-President from
ordering attacks in the future on Cam-
bodian sanctuaries without approval of
Congress, thus tying the President's
hands.
The President of the United States,
acting as Commander in Chief of our
Armed :Forces, has had and will continue
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N a' 28, 1970 CONGRESSIONAL RECORD -SENATE
to have my support in his conduct of the
war in Southeast Asia.
Certainly, I oppose any moves in the
Senate to tie his hands, to snipe at him,
or to criticize his actions before the
world.
I oppose any action that will deprive
American boys in Southeast Asia of sup-
port, or that will cut the ground from
under them, or will indicate in any way
that they have less than my enthusi-
astic support.
The President has acted. This is now
the official policy of our country in the
conduct of the war. As a loyal, patriotic
American, as well as a U.S. Senator from
Alabama, I shall support it.
Therefore, Mr. President, believing as
I do that the Cooper-Church amend-
ment is unwise, unnecessary, and not in
the best interest of the country, I must
oppose it.
EDUCATION FOR HATRED-MIDDLE
EAST TRAGEDY ,
Mr. SCOTT. Mr. President, one of the
fundamental causes of the trouble which
has kept the Middle East in turmoil for
more than a generation is the teaching
of hatred that has been inflicted upon
young children in the schools of many
Arab countries.
Unfortunately, some of this miseduca-
tion has also infected schools in
UNWRA-United Nations Relief and
Works Agency for Palestine Refugees in
the Near East-camps, where teaching
materials have tended to implant hatred
of Israel into the minds of the stu-
dents. The United States bears a heavy
responsibility in this connection, because
we supply the major part of the money
which supports UNWRA.
This whole subject is discussed in de-
tail in an article entitled "Education for
Hatred-Middle East Tragedy," written
by Dr. James H. Sheldon and published
in the current issue of Prevent World
War III, a magazine published by the
Society for Prevention of World War III,
50 West 57th Street, New York, N.Y. The
article Is based on a study made by Dr.
Sheldon during a trip to the Middle East,
completed just a few weeks ago.
I ask unanimous consent that this
article be printed in the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
EDUCATION FOR HATRED-MIDDLE EAST
TRAGEDY
(By James H. Sheldon)
The question of future peace or war in
the Middle East is apt to be determined in
the schools of the Arab states, A survey in-
dicates that unless something is done
promptly, the choice is likely to be war.
For many years UNESCO (the United Na-
tions Economic and Social Council) has
been trying to persuade member nations to
remove from. school texts material which
teaches warfare against other peoples or
inculcates group tensions. The attitude of
one Arab state, Syria, was summed up in a
letter to the Director-General of UNESCO
written by Suleyman Al-Khash, the Syrian
Minister of Education. As reported in "A-
Thaura, the Ba'ath party organ (Damascus),
on May 3, 19'68, the Minister wrote: "The
hatred which we indoctrinate into the
minds of our children from birth Is sacred."
Here is a passage from a first-year reading
primer used in Syrian elementary schools:
"The Jews are the enemies of the Arabs.
Boon we shall rescue Palestine from their
hands."
In a secondary school in Jordan, students
of the rules of Arabic grammar are asked to
analyze this sentence: "It is arms that will
free our stolen homeland" A more difficult
exercise is based on this: "The Arab soldiers
will lead our enemies to the slaughter."
TRAINING FOR TERRORISM
In Egypt, sixth grade reading students
study the story of a young boy who was
sent to the baker's shop by his mother, to
buy a basket of bread. On the way, he meets
some Arab soldiers. He volunteers to conceal
one of their dynamite bombs under the
bread, and to take it into the nearby Jewish
headquarters. "Will you let me blow it up?
Give me the dynamite and I promise to do
whatever you tell me," the youth says. "The
soldiers gave me some explosives, which I
carefully hid in my basket, placed the fuse
on top, and after they showed me how to
explode it, I went to the bakery where I
bought bread and -hid the explosives-under
it," the story continues.
Then we read: "I went to the enemy
post, looked warily around and then placed
the basket in a corner after, lighting the
fuse with a match, then ran away to save
myself, but I had run hardly a few steps
when the dynamite blew up, destroying the
post and killing the enemy Jews. A pillar
fell on my leg and broke it.....
After reading this, the class is supposed
to discuss the story and answer questions
such as: "Who occupies Jerusalem today?
What was the device suggested by the lad?
How did he blow up the enemy? What did
his bravery cost him? Do you know another
story about Palestine?"*
Hatred is bred into the child not only in
history and social science courses, but it is
imbedded in ordinary arithmetic and spell-
ing problems. On the reverse side of the
standard evercise book used by teachers in
Syrian elementary classes appears a map of
Israel with a bomb directed toward Tel-Aviv.
Around the margin are pictures of Arab sol-
diers directing guns toward Israel. The whole
thing is captioned "We Return."
The infection becomes even more alarming
when it spreads into the UNRWA refugee
camps.
The use of the camps-and their schools-
for such indoctrination is now not only ad-
mitted, but has become the subject of open
boasts by the Arab states.
We read in The Arab World for May, 1969:
"In the refugee camps Palestinian youth
aged 8 to 14 receive military, political and
athletic training after school as members of
the Al Ashbal (Lion Cub), the scout move-
ment of the Palestine Liberation Move-
ment."
The Arab World, from which this is
quoted, is the official organ of the Arab In-
formation Center, in New York-which is
the formally designated agency of the Arab
League states in the United States.
By providing facilities for "youth activi-
ties" such as these Lion Cub scout organi-
zations, refugee camp schools thus make
available a direct recruiting channel into the
guerrilla groups.
UNRWA'S RESPONSIBILITY
Education in the camps is under the gen-
eral control of local or "host" governments.
Although UNRWA is theoretically responsi-
ble for "technical standards," the Commis-
sioner General's 1968 Report pointed out
*U.A.R., Ministry of Culture and Educa-
tion, "Reading and Entertainment," for the
6th elementary grade, by Khalid Qutrash,
Abd A. Hamur and Affat W. Hamzah. (Ca-
iro, 1960).
S 8005
that "the curricula and textbooks employed
in the UNRWA/UNESCO schools have in the
past been those prescribed by the host gov-
ernments for their own national systems of
education." For example, the Egyptian text,
with its story of the boy who concealed the
bomb, as quoted above, was used in the
UNRWA schools of the Gaza Strip, until the
Israeli occupation.
In 1968 UNESCO established a group of
experts to review the text of books in use
In the UNRWA schools. So bad were these
teaching materials that this international
commission of educators recommended that
65 of the 127 books it examined be "modi-
fied" and that 14 others be completely with-
drawn from use.
The Arab governments concerule8 have
vigorously opposed the right of either
UNESCO or UNRWA to control the choice of
textbooks, contending that such action
would "constitute an infringement of their
sovereignty." 1
In the Gaza Strip, the Israeli authorities
became responsible for the military adminis-
tration, a survey of books in use in UNRWA
schools resulted in 70 out of a total of 79
being excluded because of hate-breeding sub-
ject matter.
As a result, a kind of stalemate has devel-
oped, and the 1969 Report of UNRWA's Direc-
tor General remarks that, in the absence of
anything else, "school texts declared to be
obsolete" following examination by the com-
mittee of experts continue to be used in Syria
and East Jordan, while in the Israeli admin-
istered areas of Gaza and the West Bank
temporary "teaching notes" have been made
the basis for most classwork pending some
over-all solution.
In all the areas, teachers are local people.
In the entire Middle East, as of June 30, 1969,
the UNRWA payroll included only 110 per-
sons on the international staff (direct em-
ployees of UNRWA and personnel loaned from
other UN agencies), as against an enormous
12,901 employees on the "locally recruited
staff," among whom were the 6000 teachers
who man the classrooms.
The host governments, as a rule, have in-
sisted that these teachers and other em-
ployees are subject to their local regulation,
and the guerrilla groups have constantly ex-
erted additional pressures, to the extent of
using many camps as recruitment and train-
ing centers, and (in the recent case of Leb-
anon) actually usurping the policing of the
camps. The resulting situation has constantly
pushed educational methods into more and
more bellicose formats.
The problem is particularly acute at the
secondary school level, for UNRWA does not
directly operate classes for these grades, but
instead subsidizes the attendance of some
20,000 older refugee children at regular gov-
ernment schools in various Arab countries.
These young people are, of course, the "opin-
ion makers" of.the new generation.
TEACHING HATREDS
Let us consider what a first-year secondary
student studies in the Egyptian schools (in-
cluding the Gaza Strip before 1967). A course
in religion uses a text provided by the Egyp-
tian Ministry of Education and Instruction,
in which we learn that "the Jews, more than
others, incline to rebellion and disobedience."
A parallel text on Arabic Islamic history adds
that: "The Jews will not live save in dark-
ness; they contrive their evils clandestinely."
And in Jordan, a 3rd year high school text
printed by the Ministry of Education itself
quotes at length from the infamous Protocols
of the. Elders of Zion (a notorious forgery,
widely, used by Hitler in his anti-Jewish
propaganda), describing "force and deceit"
and "the spreading of corruption" as ap-
proved "Jewish" ways of gaining power. "The
1 1968 Annual Report of the Commissioner-
General of UNRWA, p. 9.
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of Transportation's Office of Economics
and Systems Analysis done early last
year predicts an SST market of only 420,
going down to 370 if there are 'significant
delays in the program (CONGRESSIONAL
RECORD, May 18, 1970, p. H4481). Outside
analysts have predicted that SST sales
will be as low as 139 (CONGRESSIONAL
RECORD, Nov. 17, 1969, p. H10951).
I commend Boeing's pamphlet to my
colleagues. It is useful to have both sides
of the case presented, especially when
that of Boeing is so woefully weak.
The SPEAKER pro tempore. Under a
previous order of the House the gentle-
man from Louisiana (Mr. RARIcK) is
recognized for 10, minutes.
Mr. RARICK. Mr, Speaker, the psy-
war promoters continue their tension
strategy to frighten the American people
with innuendos of the possibility of Red
Chinese. entry into the Vietnam-Indo-
china war. One premise used in this ra-
tionalization is the alleged surprise Red
Chinese involvement in Korea because of
under evaluation from our military in-
telligence and commanders at that time.
Three years ago I had quoted from Gen-
eral MacArthur's reminiscences a com-
munication by Maj. Gen. C. A. Willough-
by denying the distortion in military
accountability. .
Despite the denial from his chapter on
the Chinese Communist war from "Mac-
Arthur: 1941-51," by General Willough-
by and John Chamberlain, as recently as
May 12 of this year-page 57001-the
military political apologist, Gen. James
M. Gavin, is reported to have stated "I
hasten to call on General Willoughby,
MacArthur's G-2 to discuss with him the
implications of possible Chinese entry in-
to the war. He was the belief that they
did not enter the war, that they had
missed their opportunity to do so at In-
chon when the landings were taking
place."
Since General Gavin's purported tes-
timony reinjected the charge of mili-
tary misjudgment, I contacted General
Willoughby at his home in Florida and
have received the enclosed telegram:
NAPLES, FLA.
Hon. JOHN R. RARICs,
House Office Building,
Washington. D.C.:
Reference General Gavin's remarks the
whole trend is to warn against the interven-
tion of Red China and thus disparage Nixon's
current strategy including the maneuver in
Cambodia which is approved of by many pro-
fessional soldiers I know of. In order to make
China's speculative entry into action plausi-
ble, Gavin revives the Sino Korean war. In
quoting me as believing that the Chinese
would not enter, he also revives the old Tru-
man hoax that MacArthur misled him at
Wake Island. The President had daily reports
for months that the Chinese were massing
along the Yalu.
So had Gavin as a member of J.Q.S. I do
not recall Gavin's visit to Tokyo nor this con-
versation. I. raise, the, question as I did at
Wake Island. Did Gavin expect a casual dis-
cussion to supersede daily telecons on the
subject? We reported 24 Red divisions along
the Yalu as of October 15th, 1950 ready and
able to cross the river. Washington's, guess
was as good as Tokyo's if they would dare to
cross. In fact they were encouraged to cross.
Now some Chinese may want to get their fin-
gers into the Viet Nam pie but are quite a
distance away from Saigon. Why browbeat
Nixon on what is still a speculative potential.
Or browbeat him to learn from the Sino-
Korean war 1951 with allegations that long
have been disproved. This whole gambit is
a repetition of the Wake Island hoax. It still
crops up from time to time. We refuted it
extensively and in detail in the Congres-
sional Record H7343 June 15th, 1967. I pub-
lished the same material in the Washington
Post of May 29, '67. The nationally known
columnist John Chamberlain covered the
same date on December 1st, '64 and again on
April 7, '67. He was co-author with me of
"MacArthur 1941-1951." See chapter 16, "The
Chinese Communist War," pages 378 to 417. I
stand on my authoritative positions as the
responsible editor-in-chief of the MacArthur
reports. U.S. Government Printer, catalog
Number D-1012M11. Four volumes, 1966 to
1968.
Maj. Gen. CHARLES A. WILLOUGHBY.
General Willoughby's telegram as well
as his written reports should convince
objective scholars that General Gavin's
recent testimony is unsubstantiated, in
fact denied, by the G-2 for Gen. Douglas
MacArthur.
I include my remarks of June 15, 1967,
as follows:
CRISIS IN WORLD STRATEGY: INTIMIDATION OF
PRESIDENT JOHNSON EXPOSED
(Mr. RARICIc was granted permission to ex-
tend his remarks at this point in the RECORD
and to include extraneous matter.)
Mr. RARICIt. Mr. Speaker, in a brief dis-
cussion of the current crisis in world strat-
egy in the RECORD of June 14, 1967, at page
H7244, I quoted the immortal 1951 address of
Gen. Douglas MacArthur before a joint meet-
ing of the Congress. Its main points are just
as applicable today in Vietnam as they were
as regards Korea. Thus, I have read with in-
terest and astonishment an article by a col-
umnist of the Washington Post, Marquis
Childs, in the May 29, 1967, issue of that
newspaper on "The Viet Nam War: Will
China Enter?"
In this article I find, in slightly modified
form, the Wake Island Conference calumni-
ous falsehood that General MacArthur mis-
led President Truman as to the possible in-
tervention by Red China in Korea, which
author Childs cleverly stresses by quoting a
relatively unknown writer's description of
MacArthur's advance to the Yalu as "one
of the most egregiously wrong strategic in-
telligence estimates in history."
Because of the seriousness of this criticism,
I have looked into the matter and my search
has been rewarding. The essentials are set
forth in Gen. MacArthur's Reminiscences-
McGraw-Hill, 1964-a "Communication from
Maj. Gen. C. A. Willoughby in the Washing-
ton Post of May 9, 1964, and an article by
John Chamberlain in that paper on April 7,
1967. In view of the completeness of the rec-
ord it is difficult to understand why the Post
permitted the publication of the Childs' arti-
cle without corrective editorial comment.
The facts about the Wake Island episode
are-
First, that near the end of that confer-
ence the possibility of Chinese intervention
came up in a casual manner.
Second, that the consensus of those pres-
ent was that Red China had no intention
of intervening.
Third, that Presidet Truman asked Gen-
eral MacArthur for his views.
Fourth, that the general replied that the
answer could only be "speculative," that nei-
ther the State Department nor the Central
Intelligence Agency had reported any evi-
dence of intent by Peiping to intervene with
major forces, but his own intelligence had
reported heavy concentrations of Red Chi-
nese in Manchuria near the Yalu, and that
his "own military estimate was that with
H4713
our largely unopposed air forces, with
their potential capable of destroying, at will,
bases of attack and lines of supply north as
well as south of the Yalu, no Chinese com-
mander would hazard the commitment of
large forces upon the devastated Korean
Peninsula."-MacArthur, "Reminiscences,"
page 362.
Fifth, that there was no disagreement
from anyone present as to what MacArthur
had stated.
The picture drawn in the Childs article
that the President had to go to Wake Island
to obtain strategic information of Red
China's moves, and potential is false. That
information was available in Washington in
minute detail in daily intelligence sum-
maries and required no confirmation at
Wake Island or any other place. Conversely,
General MacArthur did not need to make
declarations that have since become the
basis for articles such as that by Marquis
Childs. MacArthur's own intelligence traced
the progressive moving and massing of Chi-
nese armies from the interior to the Korean
border. His staff in Tokyo located 33 divi-
sions on the Yalu at the time of the Wake
Island casual conversations. President Tru-
man went to Wake Island surely not for in-
formation that was already available to him
in Washington but for political effect and
MacArthur's advance to the Yalu was on
direct orders of the United Nations-See
statement by General Willoughby quoted
later.
Many years later, when writing about this
angle of the Wake Island conference, Gen-
eral MacArthur stated that it was "com-
pletely misrepresented to the public through
an alleged but spurious report in an effort
to pervert the position taken by him," and
that it was done by "an ingeniously fos-
tered implication that he had flatly and un-
equivocally predicted that under no circum-
stances would the Chinese Communists en-
ter the Korean war." Ile described this as
"prevarication."
Despite the glaring distortions of history
in the Childs article, its author does perform
one useful purpose: the identification of
some of those responsible for opposing Mac-
Arthur's plan to end the Korean war. They
were Assistant Secretary of State for Far
Eastern Affairs Dean Rusk, Special Adviser
W. Averell Harriman, William P. Bundy of
the Central Intelligence Agency, and Secre-
tary of State Dean Acheson. These same in-
dividuals are influential in foreign policy-
making today and some of them are obvious-
ly trying to frighten President Johnson and
thus to prevent him from allowing our
forces to end the Vietnam war in the short-
est time with the least cost in lives and
treasure by applying every available means
for victory. What these "strategists" are ac-
tually doing is playing into the hands of the
international Communist forces under con-
ditions favorable to them.
Although General MacArthur did sense
that a "curious and sinister change" was
taking place in Washington aimed at "tem-
porizing rather than winning" the war, he
did not then know that our forces would be
prevented by elements in our own Govern-
ment from bombing Red Chinese sanctuaries
in Manchuria, from using the forces of free
China on Formosa, from intensifying the eco-
nomic blockade of Red China, and from es-
tablishing a naval blockade of the China
coast.
Fortunately, as previously indicated, oth-
ers have written on this particular episode:
Major General Willoughby, who was Mac-
Arthur's Chief of Intelligence, was in daily
touch from Korea with both MacArthur and
Washington; and John Chamberlain, who is
an objective and forthright writer and co-
author with General Willoughby of "Mac-
Arthur 1941-1954"-McGraw-Hill, 1954. The
facts in their articles previously cited refute
with devastating completeness the allega-
tions in the Marquis Childs article under dis-
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which he was prohibited to do beyond the
Yalu.
A discrepancy between 8 American divi-
sions, the hard core of the U.N. assembly,
and 33-73 Red divisions Is a'ratio of roughly
1 to 4 and/or 1 to $. Eisenhower (in France)
or Clark (in Italy) would not dream of risk-
ing such a discrepancy in any of their cam-
paigns, and such adverse ratios are unheard
of in modern war. The American G.I. is very
good indeed-but he is no superman.
ON MACAa hilt
On MacArthur: "'.. The J.C.S fl5she4 back
a warning to MacArthur by Telecon Message
TT 3848 Oct. 4/50: The potential exists for
Chinese Communist forces to openly inter-
vene in the Korean War if U.N. forces cross
the 38th Parallel." General MacArthur (al-
legedly) "ignored the warning and pushed
on to the Yalu...".
The Impression created by this "'Juicy
item" is a cynical perversion o' 'facts. It
reads as If MacArthur had crossed the 88th
Parallel en route to the Yalu, as a willful,
personal act when in fact he advanced on
U.N, and Defense Department orders.
On Oct. 6th, The United Nations General
Assembly voted explicit approval for the
crossing of the 38th Parallel, to exploit Mac-
Arthur's smashing defeat of the North Ko-
rean Communist army. The U.N. decision was
then spelled out in detailed orders by the
Pentagon: ". . . The destruction of the North
Korean armed forces . To conduct mili-
tary operations North of the 38th Parallel . .
U.N. Forces not to cross the Man;;huri,an or
U.S.S.R. borders . No non-Korean ground
forces will be used (in these areas) ... 11
And then the cloven: ". . Support of
your operations will not include air or naval
action against Manchuria (we were at war
with China!) or against U.S.S.R. territory (a
red-herring, since we were not at war with
Russia!
As regards "alleged warnings" etc., both
Washington and Tokyo were in daily touch
for the exchange of current Information.
Both sides knew precisely what to expect.
Tokyo issued a "Daily Intelligence Sum-
mary," a sort of military newspaper that
was distributed daily to all commanders and
sts,fa. That means thirty separate' reports
per month. In a limited space, I only list a
few condensed highlights and leave it to the
average reader to draw his own conclusions,
viz.:
June 6: Red China can deploy consider-
able strength to assist the Red Nortl} Kp-
reans. Manchurian estimates: 115,000 regu-
lars and 374,000 militia.
July 8: Chinese troops have arrived in the
Antung-Yalu area.
Aug. 15: The build-up of Chinese Com-
munist forces In Manchuria is continuing.
China has agreed to furnish military assist-
ance to North Korea.
Aug. 27: High level meeting in Peking.
Chinese ordered to assist North ore. Lin
Piao (Fourth Field Army) to) command
Chinese forces. Indo-China to J Invadeg.
Liu Po-Cheng (Second Field Army) to com-
mand (in that area). Soviet officer desig-
nated to command combined forges.
Aug. 31: Troop movements from Central
China to Manchuria (considered preliminary
to enter the Korean theater. Manchuria esti-
mates: 246,000 regulars (and increase) and
374,000 militia.
Sept. 8: If success of the North Korean
Red army doubtful, the Fourth . Chinese
Field Army, (under General Lin Piao) will
probably be committed.
Oc . 5: All lutelllgence agencies focus on
the Yalu and the movements of Lin Piao.
The massing at Anitu:ng and other Yalu
crossings appear eonclusivq, 'his mass com-
prises 9/18 divisions organized in 3/9 corps.
Oct. 14: The fins line of demarcation be-
tween "enemy Intentions" (Peking) and
"enemy capabilities" (along the Yalu), to be
ascertained in diplomatic channels, the
State Dept. and/or C.I.A., and beyond the
purview of local, combat intelligence. (As
regards enemy capabilities) the numerical
troop potential in Manchuria is a fait ac-
compli: A total of 24 Red divisions are dis-
posed along the Yalu, at crossing points.
Oct. 28: Regular Chinese forces in Man-
churia now number 316,000 (an increase)
organized into 34 divisions and 12 corps
(Map A-3 att.). The bulk of these forces are
in position along the Yalu River. They as-
sembled in complete safety since Mac-
Arthur's air force are forbidden to cross the
border.
"LEAKING" IS NOTED
Indicative of the implacable hostility of
certain segments of the Pentagon, certain
private channels are "leaking" J.C.S. mes-
sages etc. that are obviously fragmentary
and out of context. The result is a calculated
distortion of history viz:
Against the background of the, Oct. 14th
item (enemy intentions) Macrthur is
quoted (out of context) as "advising the
J.C.S. against hasty conclusions 'that the
Chinese' would employ their full potential
military forces" (Nov. 4).
Washington had been fully "advised' of
the Red potential (and for many weeks).
The point here is that the J.C.S. did nothing
about it. They did much worse: They created
a "sanctuary" along the Yalu, permitting 33
Red divisions to leisurely pitch their tents
along the river, from August to November.
On Nov. 5th, within 24 hours, MacArthur
ordered the bombing of the Yalu bridges
(under technical restrictions), but true to
form, the J.C.S. are reported "as not under-
standing this action" etc. They thus ma-
neuvered MacArthur Into. a strategic "im-
passe"; His eight (8) battered divisions
were take on 3- to A-times the number of
Red divisions, evidently hoping for a tac-
tical miracle. They did not place any such
burden on Eisenhower in France, Germany
or Italy.
General Collins was dispatched to Tokyo-
to investigate-as if Washington had not been
aware, for months, the Chinese in Man-
churia.
COMMENT BY COLLINS
Collins is reported as commenting "on
MacArthur's emotional state." He could have
done something infinitely more constructive:
He could have drawn certain inescapable
strategic conclusions and passed them on to
his coconspirators in Washington, viz:
1. That Red China was at war with the
United States.
2. The discrepancy in divisional totals (1-3
and soon 1-9) placed an intolerable and
risky burden on the American forces.
3. No such discrepancies were permitted
In the European Theater.
4. The employment of Chiang Kai-shek's
forces.
5. All-out aerial bombing against Man-
churian bases.
6. This would have certainly slowed down
the Chinese hordes.
7. All-out U.S. carrier strikes against the
flanks of the Chinese, from Antung to
Shanghai.
8. Once a full-scale war starts, there is no
substitute for victory.
The SPEAKER pro tempore. Under
a previous order of the House the gen-
tleman from Texas (Mr. GONZALEZ) is
recognized for 10 minutes.
[Mr. GONZALEZ addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.]
H4715
HALF FARES FOR SENIOR CITI-
ZENS-ANOTHER WAY OF PRO-
VIDING JUSTICE FOR SENIOR
CITIZENS
The SPEAKER pro tempore. Under a
previous order of the House the gentle-
man from New York (Mr. FARBSTEIN) is
recognized for 20 minutes.
Mr. FARBSTEIN. Mr. Speaker, I have
today introduced H.R. 17744, a bill to
provide senior citizens with half fare
United States, including airplanes, trains,
buses, and all local transportation during
nonpeak hours.
Senior citizens are physically less mo-
bile and thus need public transportation
more than other age groups; yet they
are also less economically able to afford
such transportation. The result is that
many senior citizens are forced to forego
a richer life because they cannot afford
such transportation.
This legislation would provide half
fares in a manner similar to the airlines
youth fares, except that elderly persons
would be able to reserve their seats in
advance.
Half fare rates during nonpeak peri-
ods would enable senior citizens to escape
the loneliness of exile in one's own home
and permit them to get away from their
daily routine once in a while, and visit
friends or recreational facilities away
from their homes. It would also enable
underutilized transportation facilities to
increase the number of passengers they
carry and thus increase revenue. In spite
of the fact that it would be best for them,
as well as the senior citizens, most trans-
portation companies have refused to
adopt half-fare rates.
This is but one of many examples of
the lack of concern demonstrated by
large sectors of society toward our elderly
persons. There is a lot of talk about the
silent majority. Well, I believe our senior
citizens are the forgotten majority. Their
problems go unheeded, or if they are
talked about, it is only in piecemeal
terms.
As a Member of Congress, I have
placed a very high priority on securing
justice for senior citizens. I have intro?-
duced, and have been fighting to obtain
the enactment of legislation to provide a
sizable increase in social security bene-
fits, to secure a minimum monthly bene-
fit of $120 for an individual and $180 for
a married couple, and to obtain auto-
matic increases in benefits to compensate
for any increase in the cost of living.
I have also introduced legislation to
make other badly needed reforms in the
system, including elimination of the limi-
tation on earnings for social security
recipients, elimination of the current
practice of deducting from veterans and
other Government pensions any increase
an individual receives from social secu-
rity, extension of eligibility under the
Prouty amendment to retired teachers,
and the extension of medicare to include
other badly needed services such as pre-
scription drugs and home maintenance
worker services.
I am pleased that the social security
bill passed today by the House of Repre-
sentatives provides reforms in a number
of these areas, and that my efforts may
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CONGRESSIONAL RECORD- HOUSE May 21, 19I
have in part contributed to what is in
the bill. But I must admit that I am not
totally satisfied with the bill. It provides
a 5-percent increase in benefits. I believe
this is totally inadequate. What is needed
is a35-percent increase. Nor Is a mini-
mum payment established. The bill pro-
vides for an increase in the limit on earn-
ings. I believe the limitation should be
abolished altogether or raised far above
the limit provided In the bill. The bill
also provides for the inclusion of new
services under medicare but leaves out
home maintenance workers services or
prescription drugs.
I am particularly pleased that the bill,
as passed, Included an automatic cost of
living provision. This is something I voted
for and have long advocated.
Mr. Speaker, I intend to continue fight-
ing until the Congress passes legislation
that will do justice to our senior citizens.
Tile text of the Senior Citizens Trans-
portation Act of 1970 follows:
H.R. 17744
A bill to prohibit common carriers in inter-
state commerce from charging elderly peo-
ple more than half fare for their trans-
portation during nonpeak periods of travel,
and for other purposes
Be it enacted by the Senate and House
of Representatives of the United States of
Asmetica in Congress assembled, That, this
Act may be cited as the "Senior Citizens'
Transportation Act of 197E".
TRANSPORTATION IN INTERSTAT' COMMERCE
SEC. 2. (a), Notwithstanding any other pro-
vision of law, no common carrier for hire
transporting persons in interstate commerce
shall, during nonpeak periods of travel,
charge any Cligible elderly person more than
half the published tariff charged the general
public in connection with any transportation
which is requested by any such person. ,
(b) In any case in which a common carrier
can show that it incurred an economic loss
during any :calendar year solely because of
the requirement imposed by subsection (a),
such carrier may apply to the head of the
Federal agency having jurisdiction over the
filing and publishing of the tariffs of such.
carrier for Federal financial assistance with.
respect to all or part of such economic loss.
The head of any such Federal agency is an.,
thorized to pay to any such carrier (1) an
amount not exceeding one-half the differ-
ence between the published tariff and the
tarA charged elderly persons during the cal..
endar year covered by the carrier's applica..
tion, or (2) an amount not exceeding the
aggregate of the economic loss of the carrier
claimed under such application, whichever
is less.
(c) The head of each such Federal agency.
is authorized to prescribe such regulations
as he may deem necessary to carry out the
provisions of this section, including but not
limited to the defining of nonpeak periods
of travel and regulations requiring uniform
accounting procedures.
(d) The head of each such. Federal agency
is authorized to establish a commission of
elderly persons to advise him. in carrying out
the provisions of this section.
(e) As used in this section, the term "eligi?.
ble elderly person" means any individual
sixty-five years of age or older, who is no-.
employed full time.
TRANSPORTATION IN INTRASTATE COMMERCE
Sec. 3. Section 3 of the Urban Mass Trans-
portation Act of 1964 is amended by adding
at the end thereof the following new sub..
section:
"(d) In providing financial assistance un-
der this Act, the Secretary shall give prefer-
ence to applications made by States and local
public bodies and agencies thereof which
will adopt (or require the adoption of) spe-
cially reduced rates during nonrush hours
for any elderly person in the operation of
the facilities and equipment financed with
such assistance, whether the operation of
such facilities and equipment is by the ap-
plicant or is by another entity under lease
or otherwise. As used in this subsection, the
term 'elderly person' moans any individual
sixty-five years of age or older."
ALABAMA'S ALLGOOD
(Mr. BEVILL asked and was given per-
mission to extend his remarks at this
point in the RECORD and to include
extraneous matter.)
Mr. BEVILL. Mr. Speaker, occasionally
we in America are blessed pvith the serv-
ices of men, who, by their vision, hard
work, and love of country, leave a valu-
able legacy for if }turir generations. Such
a man is M. C. Allgood, the most dis-
tinguishe ormer Congressman of Men-
tone, Al .
Ofte , Mr. Speaker, we tend to forget
the w rk of dedicated public servants. I
thin it is good for us to stop from time
to t' a and say thank you to these indi-
vid Is.
would like to insert in the RECORD
at this time a letter written by Mr. J.
Fra Machen, of Mentone. This letter
app . red recently in the Voice of the
Peopl lunms of the Birmingham News
and spo fights the outstanding career of
my good fend, the Honorable Miles C.
Allgood. I e every Member will take
the time to d. this interesting letter
about a great gerican:
ALABAMA ALLGOOD
We have a great man ai, ng us.
Congressman Miles C. All has returned
to his home in this mcunta village after
spending the winter in the Sou est.
This remarkable man, now. in his ysical-
ly active and mentally slert nineti re-
minds one favorably of Mr. Chief Ju ce
a voluminous correspondence far into his
nineties.
He calls to mind the Homan, Cato, who as
Cicero reminds us, learned to read Greek
after he was ninety so as to enjoy the classics
in their original language.
Congressman Allgood is one of Alabama's
historically great raen.
The public memory is short and needs an
occasional jogging.
As representative to the United States
Congress from this district for many years,
Mr. Allgood is the man who first got Presi-
dent Roosevelt interested in coming to Ala-
bama to see thep:)ssibilities of what is now
the 'rennessee Valley Authority.
He rode with the president in his private
car, pointing out the potential spots for de-
veloping hydro-electric power, which has
In future histories It will be pointed o t
that by creating TVA in this area, Congr s-
man Allgood did more than any other an
to introduce and develop hydro-electri pow-
er to America. He was chairman of t com-
mittee which provided for the grea't oulder
Dam, Also, he made the speech on t{ie site of
the present Boulder Dam that tfirned the
tide of committee opinion in favori)of its con-
struction.
Not only by his good works but.also by his
long and eventful life, Congressman Allgood
has proven himself to be a heroic man.
We should be reminded occasionally-in
The Hon. Miles C. Allgood, M. C., we have a
great man among us!
J. FRANK MACHEN.
MENTONE.
WORLD RESOURCES SIMULATION
CENTER
(Mr. PRICE of Illinois asked and was
given permission to extend his remarks
at this point in the RECORD and to in-
clude extraneous matter.)
- Mr. PRICE of Illinois. M-. Speaker, de-
cisionmaking to utilize resources for the
betterment of our people and of people in
other lands entered a new era with the
advent of satellites and computers. Sat-
ellites which gather information on nat-
ural and manmade resources combined
with computers which store and inte-
grate this data for cowitrywide and
worldwide peaceful development, provide
the opportunity to make the United
States and the world work better for hu-
man inhabitants.
My bill which I introduced on May 6,
H.R. 17467, authorizes the National Aero-
nautics and Space Administration to
make grants for the construction and
operation of a World Resources Simula-
tion Center to make available to Federal,
State, and local agencies and to private
persons, organizations, and institutions
such information, which they will find
valuable and useful in their planning and
decisionmiaking.
Significantly advanced comprehensive
information gathering by satellite and
human intelligence, well coordinated by
computer and displayed visually for
study, is a, chief aim of this legislation.
The association at one computer cen-
ter of pertinent satellite-obtained infor-
mation with statistics and other data al-
ready available through Government and
private sources, and its intermix and
visual presentation to decisionmaking
Government leaders in the executive and
legislative branches, Federal, State, and
local, will permit more intelligent use of
national and world resources.
Dissemination, study, and use of this
information by industry, commerce, la-
bor and individuals, as well as by edu-
t 'bution to a healthier society. Uni-
ve sity, college, and school work already
be un in this field will receive strong
im etas acid strengthen constructive ap-
pr ches to improving mankind's status,
at he same time providing further evi-
de a of U.S. 'dedication to peaceful reso-
lut on of world ills.
he natural, physical, and human re-
utilization, and can lead to better solu-
tions and clearer directions in achiev-
ing national goals.
The spectacular achievcanent of send-
ing human beings on manmade satel-
lites to circle the earth's moon satellite
and twice placing these humans on the
moon, required a scientific development
and a coordination and deployment of
men and machines, with a dependence
on computer technology on a worldwide
scale of incalculable proportions. The
National Aeronautics and Space Admin-
istration has demonstrated that many
contributions of immense value to our
improved health and well-being flow
from the Nation's space program. One
of these benefits now possible for the
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May 21, 1970 Approved
For ~ 000NAL RECORD 72 HOUSE 000300060010-9 1-14703
under an open rule with 1 hour of
debate.
Wednesday there is scheduled for con.
sideration H.R. 17755, the Department
of Transportation appropriations bill for
fiscal year 1971.
This announcement is made subject to
the usual reservation that conference re-
pgrts may be brought up at any time and
that any further program will be an-
nounced later.
We also advise the membership again
that the Memorial Day recess will begin
at the close of business Wednesday, May
DISPENSING WITH CALb11~DAR
WEDNESDAY BUSINES. ON
WEDNESDAY NEXT
Mr. ALBERT. Mr. Spea r, I ask
unanimous consent that the business in
order under the Calendar ednesday
rule may be dispensed with o,' Wednes-
of the gentleman from Oklahoma?
There was no objection.
ADJOURNMENT OVER TO MONDAY,
MAY 25, 1970
Mr. ALBERT. Mr. Speaker, I 'ask
unanimous consent that when the House
adjourns today it adjourn to meet on
Monday next.
The SPEAKER pro tempore, Is there
objection to the request of the gentle-
man from Oklahoma?
There was no objection.
PERMISSION FOR COMMITTEE ON
THE DISTRICT OF COLUMBIA.TO
FILE CERTAIN REPORTS UNTIL
MIDNIGHT.. FRIDAY, MAY 22, 1970
Mr. ALBERT. Mr. Speaker, I ask
unanimous consent that the Committee
on the District of Columbia may have
until midnight Friday, May 22, 1970, to
file certain reports.
The SPEAKER pro tempore. Is there
objection to the request of the gentle-
man from Oklahoma?
There was no objection.
TRIBUTE TO THE HONORABLE JOHN
J. ROONEY OF NEW YORK
(Mr. BIAGGI asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. BIAGGI. Mr. Speaker, all of us
have been made aware of the bitter op-
position which some of our colleagues are
encountering in the current primary elec-
tions. Few of us ever get so callous that
we 'can shrug off the acrimony or totally
ignore the unwarranted criticism or false
charges which are hurled against those
of this body whom we have long admired
and respected.
One of our most distinguished senior
Members is presently being subjected to
a particularly bitter attack. While it is
my policy not to engage in primary con-
tests, after reviewing the particular sit-
uation facing my distinguished colleague,
the Honorable JOHN J. ROONEY, of New
York, I cannot remain silent and pas-
sively watch the unfolding of a severe
injustice.
Our good friend JOHN J. ROONEY, who
has so ably represented the people of the
14th Congressional District for practi-
cally 14 consecutive terms, is now facing
strong opposition, but not from the voters
who have elec d-.and.xeelected him for
26 years s opposition comes from a
sma t highly vocal and well-financed
ignored the facts in JOHN ROONEY'S un-
blemished record covering his long years
of service in this body. They have ignored
the leadership he has shown in securing
the enactment of much of our present
social welfare and humanitarian legisla-
tion. They ignore the prestige which
JOHN ROONEY commands as a law-
maker-a man honored as one of Amer-
ica's statesmen both here and abroad.
This group chooses to ignore the rec-
ord which JOHN ROONEY has made in be-
half of all the people in the United
States, but most particularly in behalf
of the people of his district.
frien om Brooklyn, for he is, himself,
his own b riefender. His public record
is his most conviftcina.defense. Hopefully,
the voters in his district i review that
record instead of heeding t istorted
statements being used in an e t to
divided loyalty to his friends and neigh-
bors. We know even better than they the
extent to which their Congressman de-
votes his full time to the job of repre-
senting them. We are well aware of his
almost perfect attendance record for a
period of time which exceeds the age of
some of our newer Members.
But, Mr. Speaker, we are even mor
aware of JOHN ROONEY's stand on e
great issues with which the Congres as
had to cope. This man came t these
halls as a, freshman Congressn .a: in the
cyclonic atmosphere of the final months
of World War II. He cut his legislative
"eye teeth" an the problems which faced
the world as an aftermath of war. He
developed leadership in alleviating the
miseries of the millions of refugees and
displaced persons who were stranded
and homeless. He was in the vanguard
of our Members who sought to help give,
relief to and bring about the rehabilita-
tion of both our war-torn allies and our
equally crippled erstwhile adversaries.
I am particularly grateful that
through JOHN ROONEY's efforts, Italy was
included among the first nations receiv-
ing the life-giving help of this country-
not only material help to feed the
hungry, to heal the sick and suffering,
to clothe the shivering and to house the
homeless-but the economic aid and
political support to permit the develop-
ment. of a strong and independent na-
tion. This reborn nation in which so
many of the kinsman of Americans still
reside and the able leadership of this re-
stored state have seen fit to honor JOHN
ROONEY on several occasions for the suc-
cessful efforts he made year afire year
in their behalf.
The People of Italy and those of us
of Italian birth or lineage are grateful,
too, for JOHN ROONEY'S tireless efforts
to bring about new immigration legisla-
tion which provided among other im-
provements the opportunity for immi-
grant families to, be reunited.
But, Mr. Speaker, let us not forget
that JOHN ROONEY's passion for helping
the homeless, the sick, the poor, and the
suffering related not only to the victims
of war abroad, but to our own people
here at home as well. Let us not forget
that his ardor in condemning Red Rus-
sia for her ruthless steal of the Baltic
States and her enslavement of half the
free world was not spent entirely on
these pathetic people overseas.
JOHN ROONEY's record will show that
he made equal efforts to help the peo-
ple of America and the people of his
district. He was one of the first and most
forceful proponents of civil rights meas-
ures to eliminate our own types of eco-
nomic enslavement and political bondage-
In all likelihood, JOHN ROONEY's own
childhood experience in growing up in
his district with neighbors of all na-
tionalities, creeds, and colors gave him
not only the deep understanding but the
insatiable urge to see that all mankind
should have the full blessings of true
liberty and independence.
Every workingman in Brooklyn and his
family can join with workers throughout
the Nation in gratitude for the strong
support their Congressman has given
over the years for the enactment of laws
to protect workers' rights and improve
working conditions. No man in Congress
ear after year by the AFL-CIO.
The people of Brooklyn can be proud
of Representative ROONEY's record for he
has been a leader in expanding social
security benefits, in obtaining medicare,
in fighting crime, in seeking environ-
mental improvements, in obtaining more
jobs and job training, in securing better
housing, and above all, in seeking world
peace-a peace with honor and with jus-
tice for all.
Yes, Mr. Speaker, the voters of Brook-
lyn are indebted to JOHN J. ROONEY for
his 26 years of dedicated and distin-
guished service, for the millions of dol-
lars. of material benefits to their district,
and for his continuing personal concern
for them.
We in the Congress are grateful for
JOHN ROONEY'S warm friendship, for his
brilliant leadership, and for his con-
stant cooperation.
We are confident that his unsullied
record, commonsense, and the truth
concerning him will prevail in the up-
coming primary election in New York.
VIETNAM
(Mr. DICKINSON asked and was given
permission to address the House for 1
minute and to revise and extend his re-
marks and include extraneous matter.)
Mr. DICKINSON. Mr. Speaker, it was
my duty as a member of the Committee
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CONGRESSIONAL RECORD - HOUSE A7a:;y 21, 1970
Headquarters in Hawaii, where we were
briefed in detail by Adm. John McCain
and his staff at'CINCPAC Headquarters.
We then went to Saigon, where we
talked to Deputy Ambassador Samuel
Burger, Ambassador Bunker being in the
United Stfates.
We were given a very detailed and in-
timate bidefing by General Abrams and
his staff in Vietnam. We discussed in
considerable detail the sweep along the
Cambodian border to protect our forces
and other friendly forces in South Viet-
nam.
I ant most pleased to report that the
operations are going better than ex-
pected. In addition to the thousands of
torts of enemy supplies and arms cap-
tured, one of the biggest dividends to
come to us is the tremendous boost in
morale of the Armed Forces now serving
in South Vietnam, both our own and the
South Vietnamese.
The latest military figures updating
the Cambodian operations verify the
reasons for this tremendous boost in
troop morale. Cumulative data as of to-
day, May 21, 1970, reveals the following:
Enemy killed ------------------
Detainees ----------------------
Individual Individual weapons captured-_,
Crew-served weapons captured__
Rice (tons) ------------------
Rice (man months) -------------
Rocket rounds captured--------
Mortar rounds captured--------
Small arms ammunition cap-
7,1.77
1:759
10, 019
1,640
3,701
162,844
18, 113
20, 526
tured ------------------- ----- 11, 647, 224
Land mines captured ------------ 1,894
Bunkers destroyed ------------ 5,287
Vehicles destroyed or captured-- 220
The above figures are tentative curial-
lative results as reported by Iieadquar-
ters, MACV.
Not only is there a tremendous up-
surge in the morale of the South Viet-
namese themselves, but there is a tre-
mendous upsurge in their own self-con-
fidence.
Mr. Speaker, no matter how many
arms we send and no matter how much
training we give to the South Vietnam-
ese, the so-called Vietnamization pro-
gram is doomed for failures If we cannot
properly motivate these people, if they
do not have the courage of their own
convictions, and if they do not believe
they are capable of defending th(!m-
selves.
I am very pleased to report, Mr.
Speaker, that, as a result of an on-site
inspection and. discussion with those
who are most intimately acquainted
with and involved in the Vietnamization.
program, I believe that it is ahead. of
schedule, and is already paying large divi-
dends. As a matter of fact, I think the
South Vietnamese are doing better than
even they thought they could do. I am
convinced that when the time comes for
the American troops to be fully with-
drawn, they will certainly be in a better
position to fill the breach because of the
sweep now going on along the Cambo-
dian border.
LIQUIDATION OF SOUT Vl IET- Pike contends the mass,icre would go on
NAMESE PREDICTED in secret, after all foreigners had been ex-
pelled from Vietnam. "The world would call
given permission to address the House for
1 minute and to revise and extend his
remarks and include extraneous matter.)
Mr. BUCHANAN. Mr. Speaker, there
are those in this country who have
scoffed at the statement of the President
and others that, if the Communists took
over South Vietnam there would result
the murder of many thousands of South
Vietnamese civilians. Robert G. Kaiser,
however, reports from Saigon to the
Washington Post in an article printed on
Friday, May 15, that a leading U.S. Gov-
ernment expert now contends that the
Vietcong would liquidate some 3 million
people if it won decisively in Vietnam.
Douglas Pike wrote a paper describing
what happened in Hue when 5,800 people
were murdered there and described the
process as occurring in three phases.
First, key individuals were murdered in
order to facilitate the Communist take-
over. Second, 'when they thought they
could stay, whole groups and classes of
people who would hinder the creation of
a new revolutionary social order were
killed. Finally, 'when it became clear that
they had to leave, many others were mur-
dered in an attempt to destroy all of the
witnesses to what had happened. Mr.
Pike contends that If the Communists
should take over the country, they, in
like fashion, will destroy whole classes
and groups of people amounting to about
3 million South Vietnamese. To students
of history this is no surprise, since this
is a usual and normal Communist tactic.
Heaven only knows how many millions of
people have been destroyed in genocidal
proportions murdered by Communist
governments in our time. This underlines
the fact that we must see this battle
through. If we were precipitously to
withdraw, it would not only mean a
threat to the lives of 1,500 American
prisoners of war and to soldiers who are
in the process of being withdrawn, but
literally several millions of South Viet-
namese will be murdered as a conse-
quence.
Mr. Pike's article follows:
VC WOULD LIQUIDATE 3 MILLION IF IT WON,
U.S. EXP'zwr CONTENDS
(By Itobeit G. Kaiser) documents show this-the Vietcong expects
overn- to hold Hue for just seven days.
f the U
S
Ca
.
. g
ne o
SAIGON, May 14.-
ment's leading experts on the Vietcong has During that first phase, Pike says, the
written a paper predicting that "if the Com- Vietcong purposefully executed "key indi-
munists win decisively In South Vietnam, viduals whose elimination would greatly
all political opposition, actual or potential weaken the government's administrative ap-
would be systematically eliminated." paratus.... "
The author of the paper is Douglas Pike, After they held on more than seven days,
who has written two books on the Vietnamese Pike's theory continues, the Communists de-
Communists and is now a United States In- cided they would he able to stay in Hue in-
formation Serviice officer in Tokyo. He wrote definitely. Prisoners, rail'.'rs and intercepted
"The Vietcong Strategy of Terror," a 125-page messages at the time conrirni this, according
monograph earlier this year. The U.S. mis- to Pike.
sion here plants to release it soon. In this euphoric mood, he writes, the Com-
Pike's work seems to be a rejoinder to munists set out to reconstruct Rue society,
those who have mocked suggestions that the eliminating not just specific individuals, but
Communists would wipe out thousands of whole categories of citizens whose existence
their opponents if they took over South Viet- would hinder creation of :u new revolutionary
nam. Pike says that if the Communists win society. Perhaps 2,000 of the estimated 5,800
the war here decisively ("and the key word persons killed at Hue were slain during this
is decisively, he writes), the result will be "a second phase, Pike suggc.ited.
night of the long knives" to wipe out all con- Eventually, Pike continues, the battle
ceivable dissidents-perhaps 3 million per- turned against the Communists in Hue and
sons. they realized they would have to abandon
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who would be murdered, saying such a list
of categories is often found in captured doc-
uments. Pike notes a statement by Col.
Tran Van Dee, one of the highest-ranking
Communist, ever to defect to the Saigon re-
gime, that "there are 3 million South Viet-
namese on the blood debt list."
Pike's predictions are tt.e most dramatic
aspect of his paper. Most c:f It is devoted to
an analysis of the Viet.coog's present and
past uses of terror. A major section analyzes
the 1968 Massacres at Hue.
"It would not be worth while nor is it the
purpose of this monograph to produce a
word picture of Vietnamese Communists as
Frendish fanatics with blood dripping from
their hands," Pike writes. Rather, he says,
he wants to describe how the Vietcong use
and justify terror as a crucial part of their
war strategy.
"If there still be any at this late date who
regard them as friendly agrarian reformers,"
Pike writes, "nothing here (in his paper)
could possibly change that view."
Current Vietcong doctrine, Pike contends,
calls for terror for three purposes: to dimin-
ish the allies' forces, to maintain or boost
Communist morale, and to scare and dis-
orient the populace. He says the enemy
seems to be moving more and more toward
a terrorist strategy as part of a new kind of
protracted war. (official gisvernment terror-
ist statistics show a sharp increase in kid-
napings, assassinations and other terrorism
in recent months.)
In central Vietnam, Pike writes, Vietcong
units are given terrorist quotas to fulfill.
As an example, he cites intelligence informa-
tion that special Vietcong squads in parts
of two provinces were told to "annihilate"
277 persons during the first half of 1969.
In the most detailed analysis of the kill-
ings at Hue yet published, Pike writes that
"despite contrary appearances, virtually no
Communist killing was due to rage, frustra-
tion or panic during the Communist with-
drawal" from Hue, which the Vietcong held
for 24 days in February 1968.
"Such explanations are often heard," Pike
continues. "but they fail to hold up under
scurtiny. Quite the contrary, to trace back
any single killing is to discover that almost
without exception it was the result of a
decision rational and justifiable in the Com-
munist mind."
According to Pike's analysis of the Hue
massacres, the Communists changed their
minds twice after seizing the city on Jan. 31.
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'~ ~~~~1.~~
the city. This realization led to phase three,
Pike writes: 1%limination of witnesses." The
entire underground Vietcong structure in
Hue had probably revealed itself by this
time, and now had to protect itself by elimi-
nating many who. could later turn them in
to government authorities, Pike theorizes.
TRIBUTE TO WO STEPHEN C.
CHASIN
(Mr. BLACKBURN asked and was
given permission to address the House for
1 a mute and to revise and extend his
remarks.)
Mr. BLACKBURN. Mr. Speaker, I can
think of no more meaningful, nor more
sorrowful task .this day than to pause to
pay tribute to a young man from my con-
gressional district who lost his life in
Vietnam last week.
WO Stephen C. Chasin is the son of
Mr. and Mrs. Murray M. Chasin of Deca-
tur, Ga. He attended Avondale High
School, where he was a star athlete-ac-
tive in wrestling, track, and varsity foot-
ball. He graduated from Avondale in
1967, and enlisted in the Army in the fall
of 1968.
He had a number of physical defects
which could have kept him from going to
Vietnam, but he felt it was his duty to go
and he had served as a helicopter pilot in
Vietnam since January of this year.
Steve told his family that as a child, he
thought war would be exciting since
playing soldier was so much fun then.
Recently, he described the horrors of war
as he saw it first hand in a tape which
he sent to his family. He spoke of the
close buddies he had seen wounded and
killed. He expressed his disappointment
in the student protests going on at home,
and said that if the demonstrators could
be'in,Vietnam for I week, he could tell
them, and show them what it was all
about.
Because of a number _of close calls,
Steve felt that he could survive any fu-
ture battles, and almost his last words
on the tape promised his family and his
girl that he would be all right and make
it home. _
Fate had decreed otherwise, and
Stephen Chasin died last week in a heli-
copter crash.
I cannot help but contrast the all too
h
s
ort life of Steve with the action of the
student protestors we have been seeing in
such numbers on the campuses and in
the streets, and those who have visited
my. office by the dozens during the past
2 weeks. For those young people who
have a sincere objection to war and kill-
ing as a matter of conscience, I feel com-
passion.- But for those who would use
moral objection as a cloak for cowardice,
I have contempt-especially when I re-
member boys such as Steve who have
given their lives for what they considered
part of their duty as American citizens.
With all my heart, I feel that Steve
Chasin is the typical American boy, not
those who would tear down our Repub-
lic-its basic principles, its institutions,
and our flag.
It is 'a small wonder that Mr. and Mrs.
Murray Chasin are proud of their son,
proud of the way he lived, and devotion
to duty and country at the time of his
death. But what can be said-what words
of comfort can one give to this sorrow-
ing family? Even in their tragic loss, may
his parents know that those in positions
of public trust are deeply aware of the
immeasurable debt we owe to Steve, not
only for his life, but for the courageous
way in which,he lived. May that knowl-
'edge bring some small measure of God's
peace, "which passeth all understand-
ing."
REMARKS OF THE HONORABLE ED-
WARD M. CURRAN, CHIEF JUDGE,
U.S. DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA
(Mr. BURKE of Massachusetts asked
and was given permission to address the
House for 1 minute and to revise and ex-
tend his remarks and include extraneous
matter.)
Mr. BURKE of Massachusetts. Mr.
Speaker, I would like to bring to your
attention, by request of Mr. Leo Ander-
son, chairman, VFW Loyalty Day Com-
mittee, the following remarks of the
Honorable Edward M. Curran, chief
judge, U.S. District Court for the District
of Columbia.
I submit the program, and the remarks
follow:
LOYALTY DAY, MAY 1, 1970
(Sponsored by the District of Columbia De-
partment, Veterans of Foreign Wars of the
U.S.A. and Its Ladies Auxiliary)
H 4705
the firm of King and Nordlinger until 1934,
when he was appointed Assistant Corpo-
ration Counsel for the District of Columbia.
From 1936 to 1940, he served as a judge of
the Police Court of the District of Columbia
(now the Criminal Division of the District of
Columbia Court of General Sessions).
In 1937 he was the recipient of the Dis-
tinguished Service Award by the Junior
Chamber of Commerce of Washington, D.C.
From 1940 to 1946 he served as United
States Attorney for the District of Colum-
bia. In 1941 a Resolution stating, "that the
Board of Directors of The Bar Association of
the District of Columbia acknowledges with
gratitude and deep admiration the fine de-
votion, the distinguished and outstanding
services to the Bench, the Bar and the public,
by the Honorable Edward M. Curran, as
expressed by his wise and efficient admin-
istration of the Criminal Law", was presented
to him by the Board of Directors of The Bar
Association of the District of Columbia.
From 1946 until the present he has served
as a judge of the United States District Court
for the District of Columbia, and in Novem-
ber, 1966, he became Chief Judge.
On November 18, 1961, he received the 1961
Alumni Achievement Award in the field
of law, awarded by the Board of Governors
of the Alumni Association of The Catholic
University of America. In April, 1967, he re-
ceived the Judicial Award of the Association
of Federal Investigators for his outstanding
contribution to the administration of justice.
Also in 1967, he was the recipient of the
"Big M" Award of the Maine State Societ
y
of Washington, D.C. for his devotion to com-
munity service and his accomplishments in
PROGRAM regard thereto.
Twelve noon Judge Curran has served as Instructor of
Law at The Catholic Toastmaster: A. Leo Anderson, Chairman, School of Law, Professor eoftLawAatethe
V.F.W. Loyalty Day Committee. Georgetown University Law Center, Instruc-
Salute to colors: David G. Hungate, Cap- for of Law at Columbus University Law
tain, V.F.W. National Honor Guard. School, and Instructor of Debating at Trinity
Invocation: Eli Cooper, Past Commander, College. He was formerly First Vice President
D.C. Department V.F.W. of the Federal Bar Association. He is a mem-
Introduction of guests: A. Leo Anderson, ber of various organizations, including the
Chairman, V.F.W. Loyalty Day Committee. American Bar Association and The Bar As-
Lunch sociation of the District of Columbia, Phi
Loyalty Day proclamation: Gervasio G. Kappa Fraternity, Gamma Eta Gamma Legal
Sese, Commander, D.C. Department V.F.W. Fraternity, John Carroll Society, Merrick
Principal address: Hon. Edward M. Curran, Boys Camp, Metropolitan Police Boys Club, of St- He
Chief Judge, United States District Court for and The Friendly Sons Patrick. is
the District of Columbia. Vice President of the Benedictine School l for
Award presentation: Paul E. Wampler, Jr., Exceptional Children, Ridgely, Md.; a mem-
Member, National Council of Administration. ber of the Advisory Board of The Catholic an honorary
Flag presentation: Mrs. Virginia Dickerson, member o School tr Law; and b of Wash-
President,
President, D.C. Department, V.F.W. Ladies member of the Providence Dame Club of Club Wash-
Washington. and the Providence College Club of
Benediction: Eli Cooper, Past Commander, Washington.
D.C. Department V.F.W. It is with a deep feeling of pride that the
Salute to colors: David G. Hungate, Cap- District of Columbia Department of the Vet-
tain, V.F.W. National Honor Guard. e~rans of Foreign Wars of the United States
BIOGRAPHY OF THE HONORABLE EDWARD M.
CURRAN
y
Award Plaque to Chief Judge Edward M.
Curran, "In recognition of his continuous
Chief Judge Edward M. Curran, outstanding judicial leadership exemplifying
was born the principles of justice and human rights."
in Bangor, Maine, May 10, 1903; son of
Michael J. and Mary A. Curran; married Rry hap OF JUDGE here Katherine C. Hand (Deceased) June 6, 1934; I am very happy is be here today and on
married Margaret V. Carr, December 30, 1963- address try Veterans of Foreign Wars May
Judge Curran's four children are Eillen Cur- first of Da-a day that
p cia aside fo Mae
ran Monahan, Mary Catherine Curran, Ann first of each year as a special day for the
Curran Schmidtlein and Edward M. Curran, recognition of the heritage of American
Jr. freedom.
Judge Curran is the recipient of the follow- Our real hope in America today is for na-
tional- degrees: Bachelor of Arts from the Uni- nt only in unity. the the Unite a Unite unity is paramount
varsity of Maine, Juris Doctor from The not only rs decreed but that Catholic University of America, and Honor- democracy. Our toreathes decreed that this arysD for of Laws from The Catholic Uni- andl justicee forloal'l". They l further I pro-
He Was admitted to the Bar of the United evident; that allomen are created equal; that
States District Court fbr the District of Co- they are endowed by their Creator with cer-
lumbia in 1929 and subsequently to the Bars tain inalienable rights; that among these
of the United States Court of, Appeals for are life, liberty and the pursuit of hap-
the District of Columbia Circuit and the piness".
Supreme Court of the United States. He en-
gaged in the private practice of law with The hesch of were of sociological js those days.
jurisprudence,
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shift in public confidence from newspapers
to television has escalated the cost of cam-
paigning far beyond what most candidates
can afford. A national effort to elect a peace
Congress will cost millions, but in the early
days of the campaign it is the thousand-
dollar checks which count. Before a candi-
date takes on an intrenched opponent, he
needs-and deserves--to know whether lie
has a realistic chance. i,foney helps that con-
fidence,
2. Candidate Recruitment, In some states
and districts, registration and petition ef-
forts will have to get started before candi-
dates appear, simply because the deadlines
are approaching so rapidly. As soon as pos-
sible, however, these actions must be or-
ganized around specific candidates who ar-
ticulate and lead the cause. The overriding
criterion must be the man's determination
to take an active, aggressive role, in coopera-
tion with other congressmen, to stop the
war. That comes first. But reactionaries,
ideological wild men, and political inepts-
however, loudly they proclaim their dedica-
tion to peace-have to be screened out. The
point is to win and get the U.S. out of Viet-
nam.
8. Leg Power. Personal contact with voters-
canvassing-'4s probably the most effective
way to bring out the votes. In the hoopla of
Presidential campaigns other factors may be
more important, but congressional primaries
are prime targets for personal politics. Pri-
maries can be won by small margins: in
many of them, only 20 to 25 percent of eligi-
ble voters make it to the polls. There is much
room for education at the doorstep: Gallup
found in 1965 that 57 percent of American
adults did not even know their congress-
man's name; 70 percent did not know when
he would next stand for election-much less
how he stood on the war. If the peace forces
in both parties can mobilize the kind of vol-
unteer effort we saw in New Hampshire, Ore-
gon, Wisconsin and California in 1968, Con-
gress can be turned around on its grass-
roots.
It won't be easy. Target states and districts
will have to be carefully picked-although
there is hardly a district in the country in
which a serious challenge cannot be mount-
ed if the war drags on. The national mood
seems volatile; Representative Sam Steiger
of Arizona and 14 of his colleagues read it
one way when they call on the President
to order a "sudden and major escalation" of
the war. Furthermore, incumbents have been
hard to beat; they hang onto their seats as
if they owned them. In the Current House,
only 9.2 percent of, the members are fresh-
men, the lowest percentage of new blood in
the history of the US. Many are too busy
climbing up the little ladders in their com-
mittees and subcommittees to grasp the ur-
gencies felt among the people back home.
That can change. A locally based movement
for a peace Congress will know best the races
on which to concentrate.
Take Rep. John Rarick, Democrat from
Louisiana. Rarick has termed peace demon-
strations "a public manifestation of dis-
loyalty." Of three of Louisiana's eight Rep-
resentatives were opposed in the last elec-
tion; Rarick was one. In the midst of 'his
district, the Sixth, stands Louisiana State
University, with more than 16,000 students
and their teachers. What are the chances
for defeating Rarick in a primary next year?
Consider Mr. William E. Minshall, Re-
publican of Ohio's Twenty-Third District,
Minshall is the second-ranking Republican
on the Department of Defense sub-ommittee
of the House Committee on Appropriations.
He has not been what you might call an en-
ergetic advocate of prompt withdrawal from
Vietnam. In November, 1968, Minshall
squeaked through with 52 percent of the
vote, defeating a liberal Democrat by a mar-
gin of 8000 in 200,000 votes. Suppose that
among the 40,000 students at Ohio State
University, and those from other colleges, a
thousand canvassers could be discovered,
trained and transported to Minshall's dis-
trict for a primary in May. Somewhere along
the road Rep. Minshall might change his
mind.
Why have we not heard of leadership for
peace from the House Committee on Armed
Services? Ranking right next to Mendel
Rivers on that committee, and chairman of
its subcommittee number one is Rep. Phil
Philbin, Democrat, of Massachusetts' Third
District. Mr. Philbin was not among the
more than 80 members who spoke up for the
Moratorium; so far he cannot be called a
leader for peace. Philbin's district nests
among one of the most thickly settled hot-
beds of student power in the United States-
the Harvard-MIT-University of Massachu-
setts-Brandeis complex. In the last election
he faced two challengers and won with a
bare 47.8 percent of the vote. Should there
be an alternative to Philbin in 1970?
The House has a Committee on Foreign
Affairs, a fact that may be news to those who
have noticed the leading role of the Sen-
ate Foreign Relations Committee. The rank-
ing Republican there is E. Moss Adair, who
won in Indiana's Fourth District with a
shaky 51.4 percent of the vote. What could
be accomplished by a team from Notre Dame,
backed up with volunteers from Indiana
University's nearly 50,000 students?
In districts like these, a double-barreled
strategy may make sense: primaries in both
parties, to raise the odds that a peace candi-
date will get on the ballot in 1970.
There are targets elsewhere. Hebert of
Louisiana, Meskill of Connecticut-even the
Rivers and Mahons may be challengeable.
In the Senate, four seats are being vacated,
their incumbents retiring, so the field is
open; Holland of Florida, McCarthy of Min-
nesota, Young of Ohio, and Williams of
Delaware, Dodd of Connecticut deserves
to go, as does Murphy of California. Prouty
of Vermont is being challenged by an attrac-
tive, outspoken Robert Kennedy-Eugene Mc-
Carthy, supporter, ex-Governor Phil Hoff, in
a state increasingly attuned to change. Alas-
ka could replace Republican-appointed Theo-
dore Stevens and return to its Oruening
tradition. Hawaii-strongly Democratic in
Presidential voting-might replace Repub-
lican hawk Hiram Fong. Meanwhile, sena-
tors who have taken courageous leadership
for peace need strong support: Gore of Ten-
nessee, Hart of Michigan, Yarborough of
Texas, Goodell of New York and others.
Realistically, present US policy, dependent
as it is on the Saigon junta, the NLF and
Hanoi, may drift into re-escalation or widely
spaced mini-withdrawals. The war may be
worse by November, or drag on as now. Or
it could be over by November. The campaign
for a peace Congress must be ready, before
it is too late to effect real changes in Wash-
ington. Act One is a visit to each incumbent
senator or representative by a top delegation
of citizens, urging him to join with his col-
leagues in a common move for a quick end
to the war, and describing to him the or-
ganized peace forces developing in his con-
stituency. Act Two is the nominating
process-the registration drive, petitions,
conventions, and primaries. Act Three is
November. To play out this drama with hope
in the results requires a special dedication
which may be too much for the older genera-
tion. It means hour after hour of work few
will notice. It moves beyond the excitement
of provocation to the exhaustion of persua-
sion. There will have to be speeches by those
who have never made speeches, lonely en-
counters with hostile voters, cold feet and
missed recreations, chances taken in a cloud
of uncertainty. No one can say how it will
turn out. But if the alternative to politics
is acquiescence to killing and dying, we have
a responsibility to try politics.
S 7303
Mr. FULBRIGHT. Mr. President, Life
magazine for May 22, 1970, contains one
of the wisest and most perceptive state-
ments on our involvement in Southeast
Asia-an article entitled "Set a Date in
Vietnam. Stick to It. Get Out," written
by Mr. Clark Clifford.
Mr. Clifford is, of course, uniquely
qualified to write on this subject, having
served as Secretary of Defense in 1968-
69. He was an adviser to Presidents
Truman, Kennedy, and Johnson and co-
ordinated the transfer of power from
Eisenhower to Kennedy. His article ad-
vocating the beginning of withdrawal
from Vietnam, published in Foreign Af-
fairs a year ago, received wide attention.
President Nixon said then he hoped to
better Clifford's proposed timetable.
Mr. President, I hope that Senators
and the public will carefully consider
Mr. Clifford's suggestions and conclu-
sions. I ask unanimous consent that the
article be printed in the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
SET A DATE IN VIETNAM. STICK TO IT.
GET OUT.
(By Clark Clifford)
On the evening of April 30, I heard Presi-
dent Nixon inform the American people
that in order to "avoid a wider war" and
"keep the casualties of our brave men in
Vietnam at an absolute minimum," he had
ordered American troops to invade Cam-
bodia."
My mind went back to a day in April 1961
when I received a telephone call from Pres-
ident Kennedy. He asked me to come to the
White House to discuss the Bay of Pigs
disaster which had just occurred. He was
agitated and deadly serious. I shall never
forget his words: "I have made a tragic mis-
take. Not only were our facts in error, but
our policy was wrong because the premises
on which it was built were wrong." These
words of President Kennedy apply with
startling accuracy to President Nixon's deci-
sion to invade Cambodia. Unfortunately, it
is clear that President Nixon's action is an
infinitely greater mistake than President
Kennedy's, because more than 400,000
American boys remain involved in Vietnam,
and far graver damage has already been
done to our nation, both at home and
abroad.
Like most Americans, I welcomed Presi-
dent Nixon's promises to end the Vietnam
war and bring our boys home. Like most
Americans, I applauded the President's ac-
tion in withdrawing 115,000 of our troops
so far, and have noted his intention, with
some qualifications, to withdraw 150,000
more in the next 12 months. Like most
Americans, my sincere inclination Is to sup-
port our President in times of crisis. How-
ever, I cannot remain silent in the face of
his reckless decision to sent troops to Cam-
bodia, continuing a course of action which
I believe to be dangerous to the welfare of
our nation. It is my opinion that President
Nixon is taking our nation down a road that
is leading us more deeply into Vietnam
rather than taking us out.
George Santayana once said: "Those who
cannot remember the past are condemned to
repeat it." In my personal experience with
the war in Vietnam, I have learned certain
basic and important lessons. It has been my
hope that the present administration would
study the past and determine not to repeat
certain actions previously taken. However,
I must express the deepest concern that it is
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in some instances violence, it has brought
about in our country.
The war has confused many Americans
and has caused a continuing loss of confi-
dence because the institutions of our govern-
ment have not dealt with the.pressing prob-
lem of national priorities. Every domestic
problem we have, including poverty, inade-
quate housing, crime, educational deficien-
cies, hunger and pollution is affected ad-
versely by our participation in the Vietnam
war, and I do not believe these problems will
be brought under control until we have dis-
engaged from that conflict.
The war is a major contributor to the in-
flation that is hurting every citizen in our
nation. We are also in the midst of a serious
setback as far as business is concerned. The
effect of the war on our economy is dramatic.
Almost immediately after our foolhardy entry
into Cambodia, the Dow-Jones industrial
average declined over 19 points.
What troubles me is that President Nixon
continues to give priority to policy in Indo-
china and to ignore its consequences at home.
His actions are dividing the nation when we
need desperately to be united and to devote
our energies to our critical domestic prob-
lems.
The Cambodian invasion ignores these
three lessons. The President ordered up to
20,000 American troops into Cambodia, and
has now promised to have them out by July 1.
I know already, in my own mind, that the
operation will achieve little. The enemy will
fade, into the jungles of Cambodia, which are
just as impassible and impenetrable as those
in Vietnam. Any military gains will be tem-
porary, and inconsequential.
This is not an idle prognostication upon
my part but is an opinion derived from past
experience. Time and again in South Viet-
nam, the recommendation was made that a
sweep be conducted through the Ashau Val-
ley on the grounds that a vital blow could
be struck against enemy forces. Time and
again, thousands of American troops would
sweep through the valley and find practically
no enemy soldiers. The same will happen in
Cambodia.
Also, there is a curious psychology I can-
not understand that attaches importance to
capturing territory even though it is held for
a temporary period. A perfect illustration is
Hamburger Hill. We drove the enemy off
Hamburger Hill at great loss of life to our
troops, and then later on withdrew. As soon
as we pulled out, the enemy reoccupied Ham-
burger Hill and we went back and repeated
the process. I do not know who holds the
hill today, I am sure it doesn't matter.
After the adventure is concluded and our
troops have been pulled back to South Viet-
nam, I predict the enemy will quickly re-
occupy the areas that we have cleared. Even
if the decision were made to remain in Cam-
bodia, then I predict the enemy will develop
new bases and-staging areas just outside the
perimeter of the area we occupy in Cam-
bodia. In either event, the military effect 1s
negligible and not worth the effort.
President Nixon, in his address to the na-
tion of April 30, informed the American peo-
ple that the invasion of Cambodia is indis-
pensable to the withdrawal of our troops
from South. Vietnam, that it will serve the.
purpose of ending the war in Vietnam, that
it will keep our casualties at a minimum,
and that it will win a just peace.
These contentions violate every lesson that
we have learned in the last five years in Viet-
nam. The bitter experience of those years
demonstrates clkarly to me . that our in-
cursion into Cambodia will delay the with-
drawal of our troops from South Vietnam
because it spreads the war and intensifies it.
This decision will not end the war, but will
lengthen it because of the reactions of the
enemy to this new development. It will not
keep our casualties down but will increase
them, not only because of the men killed in
Cambodia but because of the increased level
of combat which I predict will be. the other
side's response in Vietnam. It will not
achieve peace but will postpone it or destroy
entirely the chances of obtaining it. Even
though we pull out, the damage has been
done, and the bankruptcy of our present
Vietnamization program has been exposed.
The thrust of President Nixon's position in
his speech of April 30 was that if we esca-
lated our efforts into Cambodia, it would aid
our program of Vietnamization.
How unfortunate it is that President Nixon
did not heed the congressional testimony
of Secretary of State William P. Rogers when
he testified on April 23, just one week before
the President spoke. Secretary ROGERS said:
"We have - no incentive to escalate. Our
whole incentive is to de-escalate. We recog-
nize that if we escalate and get involved In
Cambodia with our ground troops, that our
whole program [Vietnamization] is de-
feated."
I anticipate that.in the period of the next
few weeks glowing reports will flow back from
Vietnam regarding the outstanding success
of the drive into Cambodia. Figures will be
proudly presented showing the number of
tons of rice captured, bunkers and staging
areas destroyed, substantial numbers of
weapons and quantities of ammunition
found. A determined effort will be made to
portray the entire adventure as a success,
even though no major engagements will have
taken place and the number of enemy cas-
ualties will be woefully small. This has hap-
pened time and time again, and our hopes
have been raised only to be dashed by new
enemy offensives. The capture of supplies
and equipment, in the past, has been met by
an increase in the supply of such equipment
by the Soviet Union and China, with result-
ing increased flow down the pipeline from
North Vietnam.
A further worry I have is that this ill-
advised move into Cambodia could create a
whole new set of problems. The open viola-
tion of Cambodian neutrality on the part of
our troops could well constitute an open
invitation to the North Vietnamese to ex-
pand their efforts further over Indochina
on the pretext of defending Independence.
Our march into Cambodia now jeopardizes
the ancient capitals of Phnom Penh and
Vientiane. I do not have the prescience to
visualize what may take place in this regard,
but I know that we have greatly expanded
the danger of the conflict spreading through-
out Cambodia and Laos, and even further.
Although I consider the attack on Cam-
bodia to be fraught with the most serious
military consequences, I attach even greater
danger to the diplomatic results that will
flow from it.
Many of our friends around the world are
shocked at this imprudent expansion of the
conflict. They had hoped that they would see
a contraction of the area of conflict and
instead they learn, with deep apprehension,
that it is being widened. The Cambodian ad-
venture ignored the request of Foreign Min-
ister Malik of Indonesia that no action be
taken to extend arms support to Cambodia
pending a regional conference to find ways
of preserving that country's neutrality.
The decision appears to have been made
so precipitately that the proper consideration
was not given to the effect of the action on
Communist China. The action was taken
right after the recent conference of Com-
munist representatives from China, Cam-
bodia, Laos and North Vietnam. This con-
ference ended with an agreement of mutual
support and cooperation in combating Amer-
ican and other enemy forces in Indochina.
The predictable Soviet reaction was also
apparently discounted. Premier Kosygin, on
May 4, called a special news conference to
warn of the worsening in Soviet-American
relations. Mr. Kosygin stated that the Cam-
bodian move raised serious doubts about
S7305
President Nixon's sincerity in seeking an "era
of negotiation." Mr. Kosygin went' so far as
to suggest that President Nixon's statements
could not be trusted. This does not mean
that either China or Russia will intervene di-
rectly, but it does mean that they will give
North Vietnam all the aid it needs to neu-
tralize our action.
Another unfortunate result of our action
is to imperil the success of the strategic arms
talks now being held in Vienna. Mr. Kosygin
stated that our actions put the Soviet Union
on guard and decrease their confidence, with-
out which it is difficult to conduct negotia-
tions.
Domestically, the re-escalation of the war
has gravely increased the disaffection of
young Americans, and the disruption of our
society.
The active invasion dramatizes another
facet of President Nixon's statements on the
war which has caused me the deepest con-
cern. In his speech of April 30, President
Nixon again warned the North Vietnamese
that, if they accelerated the fighting, he
would take stern action in response. He has
done this on at least four or five occasions
and, in each instance, the enemy has re-
sponded by some type of military action. I
suggest that this is the road to utter chaos.
While announcing the withdrawal of a lim-
ited number of troops on the one hand, the
President keeps threatening the enemy by
assuring him that we are perfectly willing to
raise the level of combat. This is not the path
to peace. It is the path that will lead to more
and more fighting and more and more dying.
It is time now to end our participation in
the war. We must begin the rapid, orderly,
complete and scheduled withdrawal of United
States forces from Indochina.
President Nixon has described his program
of Vietnamization as a plan for peace. I be-
lieve, however, that it can never bring peace
in Southeast Asia, and that It is, in fact, a
formula for perpetual war.
This war can only be ended by a political
settlement. Nothing that the Administration
is now doing holds any promise of bringing
one about. And our present program for in-
definite military presence in Vietnam makes
such political settlement impossible. So long
as our withdrawals are conditioned on the
ability of the South Vietnamese to assume.
the combat burden, Hanoi cannot be ex-
pected to believe that we are genuinely in-
terested in, or would even accept, the kind
of political compromise that a peaceful set-
tlement would require. The present Saigon
government, on the other hand, will never
make the necessary accommodations so long
as it is secure in the belief that American
forces will remain in sufficient numbers to
keep it in power.
It seems clear that the Administration be-
lieves it has proposed in Paris a genuine basis
for compromise. In my opinion, however,
these proposals are not realistic, nor will they
lead to any progress.
Accordingly, what we need is a program
that will Vietnamise the peace rather than
prolong the war. In July 1969, in an article
in the magazine Foreign Affairs, I recom-
mended the definite, scheduled withdrawal
of our ground combat forces from Vietnam
by the end of 1970. I now propose to go fur-
ther, and set a final date for our complete
disengagement. Such final date might even
be advanced if certain agreements are
reached. The following is my specific three-
point plan:
1. Announce publicly that all V.S. forces
are to be removed from any combat role any-
where in Southeast Asia no later than Dec.
31, 1970, and that all U.S. military personnel
will be out of Indochina by the end of 1971,
at the latest, provided only that arrange-
ments have been made for the release of all
U.S. prisoners of war.
2. Move promptly to end B--52 attacks, all
search-and-destrby missions, and all other
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dent's speech, however, came when, just
after announcing that American troops were
crossing the Cambodian border, he said,
"This is not an invasion of Cambodia." Cam-
bodia-a country we have gone into unin-
vited and unannounced. A similar problem
arose when, a day after we had resumed the
bombing of North Vietnam, Defense Secre-
tary Laird threatened that if the enemy "re-
acted" in Vietname to our operation in Cam-
bodia we would resume the bombing of North
Vietnam. Yet, terrible as it is to know that,
with no apparent justification, we are be-
ginning the destruction of a second nation
in Asia (or, considering our massive bomb-
ings in Laos, perhaps we should say a thirdl ,
it is the implications of these events for the
world at large that, seen in the context of
several alarming developments here at home,
must be the cause of our greatest unease.
The invasion of Cambodia comes at a time
when our republic is already seriously im-
perilled by the increasing use by many sec-
tions of government of a broad range of re-
pressive measures, and by a growing im-
patience on the part of a significant section
of the citizenry with any form of dissent.
Impatience has been growing among the dis-
senters as well, and a minority of them hove
turned to violence to achieve their ends. This
violence is dangerous in itself and damages
the cause of peace. However, the government
possesses virtually unlimited resources for
-repression, whereas the violent opposition is
small and weak, and this means that the po-
tential threat from the authorities is im-
measurably graver than the threat from the
rebels. The greatest dangers stemming from
a turn to violence and illegal protest arise
from the likelihood that it will provoke re-
pressive retaliation from the government.
Before the Invasion oof Cambodia, only a
few politicians had spoken out against these
trends, but their predictions were of the most
alarming kind. A few months ago, while the
war was still confined to Vietnam, Senator
Fulbright said that a continuation of the
Administration's current war policy could
lead, in the long run, to "a disaster to Ameri-
can democracy," and he added, "What a price
to pay for the myth that Vietnam really mat-
tered to the security of the United States."
Mayor Lindsay declared that America was
entering "a new period of repression." Sena-
tor Percy, Senator Goodell, Senator McGov-
ern, and former Vice-President Humphrey
were among the others who warned against
the perils of growing repression. The Admin-
istration's attempt to rally the "silent ma-
jority" against the press, and the subpoenas
it served on the press demanding the release
of information received from confidential
sources, had already damaged the press'
access to news of dissenting groups, and has
since caused many newsmen to think twice
before they publish or broadcast controver-
sial views or news stories. At the same time,
dubious charges brought by members of the
Administration against the organizers of
anti-war demonstrations, and inflammatory
and insulting remarks made about dissenters
in general, have sent a chill of fear through
the nation. Legislation has been passed by
Congress to abridge the rights of people sus-
pected of crime. Also, there is strong evidence
that a national campaign by law-enforce-
ment agencies to destroy the Black Panther
Party is underway, and the Black Panthers
have begun to experience the terror of facing
a government they believe is bent on jailing
or killing them.
In recent rnonth$, the campaign against
dissenting citizens, which has jeopardized
almost the entire Bill of Rights, has been
paralleled by a considerable blurring of
another fundamental provision of the Con-
stitution; namely, the division of powers
among the branches of government. There
have been many cases in which the Senate
challenged the authority of the Supreme
Court. In passing the Omnibus Crime Con-
trol and Safe Street Act of 1968, it specifically
contradicted the Court's Miranda decision.
This left law-enforcement officials with two
contradictory rulings to follow in their deal-
ings with criminal confessions. Currently,
many congressmen are engaged in a political
move to impeach Justice Douglas for, among
other things, espousing a "hippie-yippie
style revolution." The President also showed
an insensitivity to the need for a strong
and authoritative Supreme Court when he
persisted in pushing the nomination of G.
Harrold Carswell to the Court long after it
was known that roughly half the Senate op-
posed the nomination. And during his cam-
paign to have Carswell confirmed the Presi-
dent displayed a deep misunderstanding of
the powers of the Senate itself. The trend
toward executive usurpation of the powers
of the other branches of government came
close to receiving official justification in a
letter that President Nixon, wrote Senator
Saxbe urging the Senate to confirm the
nomination. In the letter, the President
described himself as "the one person en-
trusted by the Constitution with the power
of appointment" of Supreme Court justices,
and asserted that a Senate rejection of the
Carswell nomination would put "the tradi-
tional Constitutional balance" in "jeopardy."
As many observers have pointed out, the
Constitution provides that the President
"shall nominate, and by and with the Ad-
vice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and
Consuls, Judges of the Snpreme Court ... 11
The President simply left out the part about
the Senate. The reasoning in his letter, which
also accused senators of substituting "their
own subjective judgment" for his judgment,
was of a piece with the Administration's
entire campaign against dissent. The message
to the press, to dissenting citizens, and to the
Senate has been the same: You may express
yourself freely until you begin to disagree
with us.
These tendencies become all the more
troubling when one reflects that the first six-
teen months of the Nixon Administration has
been marked by an actual slackening of op-
position to government policies. President
Nixon has not had to face a fraction of the
bitter personal criticism that President John-
son faced, and his Administration has not
had to deal either with ghetto riots or with
the often violent large-scale demonstrations
that characterized the Johnson years; nor,
for that matter, has he been faced with any-
thing like the volume of opposition in Con-
gress that Johnson was faced with. But it is
clear that with the invasion of Cambodia all
this has been changed at a stroke, and that
opposition will now revive, probably with un-
precedented vigor. Immediately after the
Cambodian speech, the students and faculties
of universities and high schools all over the
country decided to go on strike. Scores of
newsmen and large numbers of political lead-
ers of both parties who had remained silent
since 1968-and many who had been silent
even then-immediately expressed their
alarm over the expansion of the war. One
must now have apprehensions about how an
Administration that has made threats against
civil liberties in a period of relative calm will
respond in a period of what might well be
the most intense opposition faced by any
recent Administration. The country will be
fortunate if protest is so vast and comes from
so many quarters that the Administration
will become convinced that the cause of peace
and the cause of protecting our democratic
institutions will be best served by a reversal
of our new course of action in Southeast Asia.
There were, however, several passages in the
President's speech that made such a turn of
events seem doubtful. At one point, he said,
"We live in an age of anarchy, both abroad
and at home. We see mindless attacks on all
S 7307
the great institutions which have been cre-
ated by free civilizations in the last five
hundred years. Even here in the United
States, great universities are being systemati-
cally destroyed." If this Administration be-
lieves that what we have now is anarchy,
what will it think of what may come? Later
in his speech, the President said, in reference
to past wars, "The American people were not
assailed by counsels of doubt and defeat from
some of the most widely known opinion lead-
ers of the nation. I have noted, for example,
that a Republican Senator has said that this
action I have taken means that my party has
lost all chance of winning the November elec-
tions." And still later in his speech he said,
"I realize in this war there are honest, deep
differences in this country about whether we
should have become involved, that there are
differences to how the war should have been
conducted. Hut the decision I announce to-
night transcends those differences, for the
lives of American men are involved." Does the
President believe that the lives of American
men were not involved in the decision to
enter the war? Does anyone have to remind
the President that because of that earlier
decision more than forty thousand Americans
have already died in Vietnam? The President
has no monopoly on decisions that involve
the lives of Americans-to say nothing of
the lives of Vietnamese, Laotians, and Cam-
bodians. Our legislators and even ordinary
citizens also have decisions to make. The
President has impugned both the right of
our citizens and the right of our senators to
question our war policy. The unnamed sen-
ator who made the remark about the Novem-
ber elections is Senator Aiken, the senior
member of the Republican Party in the Sen-
ate, the President's reference to him is a sig-
nal that virtually no one is immune to the
charge of betrayal who openly disagrees with
the President.
One sentence in the President's speech
brings up an entirely new theme. His state-
ment that "any government that chooses to
use these actions as a pretext for harming
relations with the United States will be do-
ing so on its own responsibility and on its
own initiative, and we will draw the appro-
priate conclusions" can be read as a threat to
our allies. And such a threat serves to remind
us that behind the issue of the survival of
freedom in America there is a still more
fundamental Issue, and that is the survival
of freedom throughout the world. The inva-
sion was carried out not in the name of pro-
tecting Cambodia, or even in the name of
protecting America, but in the name of the
principle of protecting American troops. We
are forced to consider in a new light the dis-
persion of millions of American troops in
many free countries (and also in a steadily
increasing number of countries that are not
free), and the deep penetration of America's
enormous economic power into the economies
of all free nations. We must ask how many
democratic governments could withstand
economic sanctions by the United States, and
how many democratic governments, whose
plans for defense are so tightly interwoven
with American military power, could with-
stand withdrawal of our support-never mind
an invasion. There would be nowhere for
them to turn but to Russia, which is already
a totalitarian state, and has recently demon-
strated in Hungary and Czechoslovakia the
quality of its respect for the independence of
nations within the sphere of its power.
If the United States government fails to
honor the freedom of its own people, who
are protected by the American Constitution,
it will not honor the freedom of any people.
This is the true relationship between the
invasion of Cambodia and the survival of the
free institutions that President Nixon men-
tioned in his speech, and for this reason the
invasion of Cambodia and its. consequences
within America are the urgent concern not
only of Americans but of all mankind.
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one can be sure. But it alone can decide,
and that is its responsibility. Discussing the
Supreme Court, Hamilton wrote that it must
have the power to invalidate all acts by the
other branches of government which are
contrary to the Constitution. "To deny this,"
he said, "would be to affirm that the deputy
is greater than his principal; that the ser-
vant is above his master; that the representa,
tives of the people are superior to the people
themselves; that men acting by virtue of
powers may do not only what their powers
do not authorize but what they forbid."
The President has now declared himself
superior to the people, to the legislature, and
to the laws. We have lasted as a functioning
democracy for almost two hundred years.
The foundation of that democracy has been
a vigilant regard for the principle that no
one man or institution shall impose an un-
restrained will on the decisions that shape
the nation. If the American people now let
this principle be eroded, while the capacity
for resistance still remains, then we will
deserve our fate. For we will have lost the
ultimate protection of liberty, stronger than
governments, more enduring than consti-
tutions-the will of a people to be free.
S 7309
referred to as SBA) in 1955, provides that its relationship of the Lessor to a ~enalns 1nsu-
primary mission is to foster free enterprise, tutton is direct and the premises Ia ecto be
encourage competition and help the economy developed, as in the case of a shopp' g
to grow-and to do all of this specifically by or an industrial park, the benefits of the lease
helping small firms. guarantee are intended to run primarily to
Since then, Congress, by enacting succes- the Lessee and not to the Lessor or his As-
sive amendments to the Small Business Act signee. Uultimately, it is the Lessee who pays
and the Small Business Investment Act 9 the premium for the insurance policy issued
has expanded the Agency's responsibilities to guarantee the rentals.
and programs so as to enable it to better meet There is no provision in Title IV of the
the needs of the small business community. Small Business Investment Act, nor in the
One of the recurring problems of small Regulations issued pursuant thereto, nor in
businesses brought to the attention df SBA the policy which purports to establish any
and Congress was their inability to secure privity of contract between the Guarantor
commercial or industrial long-term leases of the lease and a Lessor's lender. A Lessor,
of prime facilities. This handicap which who is developing a shopping center or in-
small businesses face in competing for prime dustrial park, well might give consideration
locations is a fact of life that has been well to the benefits that flow to his Lender if he
substantiated. For more than six years, Com- adopts the program. The lease lgudra a d
mittees of the United States Congress who policy is assignable to a mortgag
were deeply concerned about it conducted as such is additional collateral.
the hearings on the problems In implementing the program, it appears
During these public hearings, witnesses that SBA has assumed that the prin-
affirmed the national preference which Land- cipal concern of the Borrower or Lessor in
lords hold for Tenants with backgrounds of assigning his policy to a lender or purchaser
large volume, a high credit rating, and a ? would be that his assignees or successors in
strong financial statement' They testified
that because of this preference on the part
of Landlords, small business was often at ,a
very great disadvantage in competing with
larger firms for space in new developments,
particularly in shopping centers and indus-
trial parks.
To remedy this situation, Congress au-
thorized the Lease Guarantee Programs The
initial legislation was limited to small firms
that had been forced to relocate because of
Federally-financed urban renewal, highway
or other programs, or to small firms that
could qualify for assistance under Title IV 0
of The Economic Opportunity Act, admin-
istered by SBA.
New legislation which became effective on
January 9, 1968, extended this program to
all small businesses that can qualify for as-
sistance under SBA's regular business loan
program?
- The Lease Guarantee Program is novel,
without a precise precedent ~n the business
world. Because of its novelty, the program
has attracted the attention of the mortgage
lenders, lawyers and insurance underwriters.
Because of its potential benefit to small bus-
iness on an expanded national scale, trade
associations, developers and construction
contractors constantly seek more information
regarding its operation but really little has
been written on the subject 8
A recent article entitled, "The Small Busi-
ness Administration 'Lease Guarantee Pro-
Mr. SPARKMAN. Mr. President, the
April 1970 issue of the Business Lawyer,
published by the Corporation, Banking
and Business Law Section of the Ameri-
can Bar Association, includes an article
by Tim C. Ford, a member of the staff
of the Senate Small Business Committee,
on the lease guarantee program as it is
administered by the Small Business Ad-
ministration. This article resolves many
of the questions raised in an article pub-
lished in an earlier issue-July 1969-by
Rosario Grillo, general counsel for Equit-
able Life Assurance Society. I was the
original sponsor of title IV of the Small
Business Investment Act of 1958-Public
Law 89-117-and a subsequent amend-
ment-Public Law 90-104-which ex-
tended this program to all small busi-
nesses so I find it particularly significant
that the program has attracted the at-
tention of mortgage lenders, lawyers, and
insurance underwriters.
With lease guarantees the Small Busi-
ness Administration in the presently
tight money market provides small busi.-
nes with a valuable tool with which it
can compete for prime space on main
streets, in industrial parks and shopping
centers. By insuring the rentals of small
businesses SBA provides a new form of
collateral which is of value not just to
the landlord but to his financier. But
more importantly it affords small busi-
nesses a chance to compete with big busi-
nesses which have acquired triple A
gram' " appeared in the July issue of this
publication 9 which pinpointed some ques-
tions regarding the practical aspects of the
program. Subsequent to publication of the
article, the author and SBA discussed the
constructive criticism and several modifica-
tions in the recently published Regulations
are based on that discussion.
As presently structured, the program is
based on the following premises:
PREMISE NO. 1
The program is intended to cater to the
Lessee of an existing location or premises as
well as the lessee of premises being developed.
It is contemplated that guarantee applica-
lent analysis of the lease quarantee pro- tions for leases of the premises already in
gram as discussed by Mr. Ford in this existence will be more numerous than those
article, I ask unanimous consent that the where the premises are to be developed.
article be printed in the RECORD. Where a Lessor of existing property may be
There being no Objectitrn, the article negotiating directly with a lending institu-
tion for a mortgage loan, it .s unlikely that
was ordered to be printed in the RECORD, his success will depend as much upon the
as follows: basis of rents which are to be guaranteed as
ANOTHER VIEW OF THE SBA "LEASE" upon existing leases and the general appraisal
GUARANTEE PROGRAM of the premises by the Lender.
(By Tim C. Ford, member of the District of Whether the number of guarantees issued
Columbia bar) for existing property will be in the majority
is debatable, but it is generally thought that
The Smal: Business Act,' which created the the number of such cases will be sizeable.
Small Business ?Administration (hereinafter The program is not designed solely to suit the
developer of new projects and his institu-
tional lender. In those instances where the
ceive the sums specified in the lease contract
as rent over the term of the lease.
As has been noted, the assignment of the
guarantee policy constitutes additional se-
curity to the Lender. However, SBA as Guar-
antor, under existing Regulations and policy
provisions, does not assume all of the risks
of a Lessor or of his assignee, whether the
assignee be an institutional lender or a
purchaser. There is presently no provision
by which SBA could relieve the Lessor from
his liability under the lease. The concept
of a mortgage guaranty was rejected by the
Committees of Congress when they were
drafting the Lease Guarantee Program 10 it
was proposed at the Hearings 11 that the "tra-
ditional mortgage guarantee" be adopted in-
stead of a lease guarantee program. But after
consideration of that proposal,' the Congress
enacted the law creating the lease guarantee
program.
It is recognized that a "guarantee of the
entire lease ... would undoubtedly be much
more attractive to landlords and lenders" as
indicated in the Article, N but it is equally
clear that SBA's authority to do so is lacking
under the present statute. As SBA has in-
terpreted the existing Act, the benefits are
intended to flow primarily to small busi-
nesses.
PREMISE NO. 2
The program, by direction of the Congress,
must be self-supporting. The premium
schedule established by SBA MUST be suf-
ficient to cover losses. But, at the same time,
it must not be prohibitive for the small busi-
nesses who are the beneficiaries.
The Act itself provides three limitations
or restrictions 'that the Administrator may
require "in order to minimize the financial
risk assumed under such guarantee" 14 and
authorizes the Administrator to incorpo-
rate "such other provisions, not inconsistent
with the purposes of this title, as the Ad-
ministrator may in his discretion require t1
One restriction which affects the mini-
mization of risks is that the program is lim-
ited to the guarantee of rent payments and
does not cover any other obligations of the
Lessee. The other risks which a Lessor un-
dertakes when he signs a lease with a Lessee
are not included in the guarantee. The as-
sumption of these risks by the Lessor con-
stitutes a kind of "co-insurance." In many
types of casualty insurance, the provision
for co-insurance is common. The protec-
tion it gives the Insurer against voluntary
acts of the Insured is essential to the lim-
itation of the Guarantor's or Insurer's lia-
bilities.
In a new program such as that of Lease
Guarantee, no statistical data existed on
which actuarial schedules can be based in
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