OTTO OTEPKA: COUNTRY ABOVE POLITICS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000500280010-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 9, 2016
• Document Release Date: August 16, 2000
• Sequence Number: 10
• Publication Date: March 3, 1969
• Content Type: OPEN

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March 3, 1969 CONGRESSIONAL RECORD Extensions of Remarks
the mouth of the Imnaha River, could spell
disaster to the salmon fishery.
Frankly, it isn't worth the risk. With all
the new developments in thermo-nuclear
power, surely some alternative to another
dam on the Middle-Snake can be found. In
spite of the arguments supporting the effi-
ciency of hydro-electricity for peaking power
and all the energy going to waste in a fast-
flowing stream lite the Snake River, there
are some things that are irreplaceable. We
cannot afford to gamble any further with the
Columbia River salmon fishery.
Few persons realize the beauty and rug-
gedness of the Middle-Snake River itself.
Deeper than the Grand Canyon, this turbu-
lent river flows between steep cliffs and
spectacular scenery considered by many to
be the most beautiful in the West. It has
been proposed as one of the first additions
to our new system of National Rivers under
a law passed by the 90th Congress. Senators
Len Jordan and Frank Church of Idaho have
advocated a ten-year moratorium on any
more Snake River dams. Any proposal that
would rule out further damming of this
river would be welcomed.
If the agreement between the Secretary
of the Interior and the power companies
Implies a reprieve or delay in authorization
of a dam, as announced, it would be wel-
comed, but with everyone in accord as to
location, either High Mountain Sheep or
Appaloosa dams became frightening possi-
bilities. Conservationists hope that the new
Congress will act promptly to safeguard this
mighty river. There should be no more dams
on the Snake River. Since salmon cannot
speak, we must speak for them.
FREEDOM'S CHALLENGE
HON. PAUL G. ROGERS
or ELo`RIDS
IN THE HOUSE OF REPRESENTATIVES
Monday, March 3, 1969
Mr. ROGERS of Florida. Mr. Speakerr
each year the Veterans of Foreign Wars
of the United States and its Ladies Aux-
iliary conducts a Voice of Democracy
contest. More than 400,000 students par-
ticipated in this contest this year.
I am broud to announce that of the
50 young people Who will come to Wash-
ington representing their States, John
O'Brien, of West Palm Beach, will rep-
resent Florida.
At this time I would like to include in
the RECORD the speech which Mr. O'Brien
wrote entitled "Freedom's Challenge." I
think it is a very meaningful speech
which will have interest for all of my col-
leagues:
FREEDOM'S CHALLENGE
America has for all of its history defended
its freedom against an onslaught of chal-
lengers. Our people fought against the tyr-
anny of King George, who challenged our
freedom; the pirates of the Mediterranean,
who denied us freedom of the seas; the ter-
ror of slavery which denied freedom to so
many; the tyranny and oppression of Hitler
and the Nazis; and today the growing threat
of communism. All of these challenges we
have so far met successfully.
But today we face what is perhaps the
greatest challenge the world has ever known.
It is not a visible challenge, and it does not
exist in a foreign country. This challenge
exists here at home: It exists in each and
everyone of us to some degree. The greatest
challenge to freedom in our country today
Is the apathy of our own people.
There are too many people in this nation
who have adopted a "Let George do it" at-
titude. Today it seems that when there is a
piano to move everyone wants to carry the
stool. In our country there are too many
people who just don't care.
Why is this a challenge? Because of the
effects this apathy has brought about. Those
age ola qualities of love of country and of
flag seem to exist no more. The American
virtue of patriotism is seemingly going. To-
day, the American Flag, which for nearly
two hundred years -stood for Justice,
Equality, and plom is now spat upon,
torn, and buefed. And what hurts most of
all, is that he people desecrating the flag
are not cpfnmunists or fascists, but merely
misguid young Americans. Our leaders
are no/longer respected, but are often re-
gardeq-with hatred; and we wonder why? Be-
cause' people do not care. The Star Spangled
Banner is something they play at the begin-
ning of a baseball game and that's all it is
today.
ow can we combat this apathy in our
eoiitry today? There are two courses open
to . The first course of action open to us
Is thi : We must foster patriotism in our na-
tion, hy our own example, primarily. We
must sh w that love of country is not some-
thing to e ashamed of. We must take the
first step. We do not need speeches now, but
action. \
If we live al.? true Americans, everyday of
our lives, then elapse around us will certainly
learn what a true-?American really is. If we
exhibit the qualitiewhich made this coun-
try great, then those round us will learn
what qualities we must ossess to make this
country even greater. H ever, the process
does not stop here. In o r schools, from
Kindergarten to College, we fiust assure that
a true picture of our country is presented.
We must assure that our educa onal system
fosters patriotic activity, and t n provides
an opportunity for the exercise that pa-
triotic activity. Our schools mus lay the
foundation for the construction good
Americans. Once the foundation h been
established, it is then our example which
will enact the actual construction of good
Americans. We must show people what ree-
dom is and how it works. And once this has
been done we need never again witness an
American destroying an American flag, ne er
again will a soldier, who has risked his 1 f
In the defense of freedom, be called a pig
a fascist on his return home. And never a.gai
will we witness the obstruction of the preS-
ident's car in a motorcade.
It is indeed a mammoth task. It will tak
blood, sweat, tears, and hard work, and per
haps more than anything else it will ta
time. But it's worth it. The freedom of o
country has been preserved against the chat
lenges of the past. I am confident that t e
American People can meet this new challen e
successfully. But only if we act.
Of course, there is always the sec d
course of action, we could just sit back? nd
look at what is happening in our country to-
day, and we could yawn. The choice. is ours,
WANTED: TRUTH IN RENTING
HON. BENJAMIN S. ROSENTHAL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Monday, March 3, 1969
Mr. ROSENTHAL. Mr. Speaker, I am
today reintroducing the Truth-in-Rent-
ing Act, a bill that will bolster the bar-
gaining position of the tenant in his
negotiations with the landlord. The aim
of this legislation is to promote the right
E1555
of prospective tenants to full and accu-
rate information regarding rental con-
tracts. The provisions of this bill will
cover only those apartments contained
in multifamily rental housing where the
mortgage guarantee insurance is held by
the Federal Housing Administration.
I liken a prospective tenant to the con-
sumer who has recently gained a modest
degree of assistance in his purchasing ac-
tivities by the Truth-in-Packaging Act
and the prospective borrower who should
soon be getting an even break with the
enactment of the truth-in-lending bill.
Both Presidents Kennedy and Johnson
time and time again enunciated that the
right to be informed lies at the very heart
of a buyer-seller relationship, and it is
this principle which underlies my pro-
posed legislation.
It is my conviction that the prospective
tenants, as well as prospective purchasers
and prospective borrowers, are all well
equipped to make economic value judg-
ments, providing they have in their pos-
session accurate, honest, and complete
information about the prospective con-
tract.
In brief, this bill will assist prospective
tenants, in multifamily rental housing in
which the FHA is the insurer of the
mortgage, by making it mandatory on
behalf of the owner to include in an ad-
visory memorandum attached to the
rental application and lease agreement:
First, all relevant information concerning
FHA-approved rent schedules; and, sec-
ond, a brief, simple and clear summary of
the significant portions of the prospective
lease agreement.
The legislation empowers the Secretary
of the Department of Housing and Urban
Development to set uniform standards
governing the information which must be
set forth in the advisory memordandum.
The bill also provides that where the
owner of an FHA-insured multifamily
dwelling applies for a rental increase
above the FHA-approved rent schedule,
a public hearing must be held and the,
tenants must receive notice of such hear-
ing and be given an opportunity to par-
ticipate therein.
This legislation, of course, would apply
only to properties constructed and mort-
gages insured subsequent to the date of
this act. However, ale bill gives the Sec-
retary authority to establish regulations
to make the provisions of this act opera-
tive for properties presently covered by
FHA mortgages.
To highlight the need for immediate
enactment of this bill. I would like to
describe a dramatic instance of misrep-
resentation by a landlord that occurred
a year and a half ago. A large middle-in-
come apartment complex in my congres-
sional district, insured by the FHA, was
completed in the fall of 1964, during a
period when there was an abundance of
vacant dwelling units. The FHA fixed
maximum .ceilings for the various apart-
ments after the usual consultation and
consideration of costs and operating ex-
penses. In order to compete with other
available housing and to obtain quick
occupancy of, the project, the landlord
engaged in an operation which in the
used-car industry is known as "low-
balling." He advertised the apartments
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E1556 CONGRESSIONAL RECORD -- Extensions of Remarks March 3, 1969
at less than the FHA-approved rental family development nor to my emigres- proposition President Kennedy set forth
schedule. Prospective tenants were mi- sional district Within the city of New in 1962 that consumers not only have
pressed with the reasonable rates. Al- York there are 93,000 rental units and the right to be informed, but, equally
though they thought they were receiving some 554,000 within the United States important, are entitled to be heard in
a "good deal," in the long run the ten- that would be covered by the provisions decisions affecting their interest. It is
ants suffered. Prior to signing the lease, of this Truth-in-Renting Act. my view that as long as a Government
they were led to believe that the rents In short, not only the tenant's inter- agency, in this instence the FHA, is to
offered were the FHA-approved rentals; est, but the national interest as well, re- make decisions affecting the rights of
therefore, they felt justified in relying quires a new impetus to provide infor- tenants, then the tenants have an abso-
on a continuance of these rents after the mation to the prospective tenant, inf or- lute right to participate in the decision-
expiration of their leases. Of course, they mation that will enable him to clarify making process.
understood that there was a possibility his needs and his priorities when seeking It is true that r( .t increases may be
for an upward adjustment of their rents housing. justified following i ecreases in minim-
a the termination of these leases, but This bill proposes to cure the Inability pal *Ind local taxes or increases in the
one that would be modeet. Having no of the prospective tenant to fully corn- cost of operating the property. Surely
reason to expect soaring rents, the ten- Prehend the terms of the agreement that no one can complain if such bills, docu-
ants made extensive investments by fur- will bind him under his lease. It requires ments, and tax assessments are pre-
niShing and decorating their apart- the owner to supply hint with adequate sented in public hearings. In my judg-
ments, became involved in community information concerning his prospective ment, this procedures will promote a
life, and enrolled their children in local tenancy and the contents of the proposed favorable land-lord-tenant relationship
schools. But when the leases expired, lease. This will enable the tenant to by dispelling suspicions that arise from
they received the hammer blow. 'Inc make an intelligent determination as to one-sided particinatinn.
landlord, as a condition for renewal of whether or not the terms and conditions This Truth-in-Renting Act does not
the leases, advised tenants that rents by which he will be bound under the in any way handicap the normal oppor-
would be increased from 31 to 45 Per- lease are those which he is prepared to tunities for a landlord and tenant to
cent. He did this notwithstanding the accept. enter into a contract of lease. Nor is it a
fact that he had told the FHA, in anit- Under current renting procedures for step toward national rent control. It
ing, that the increase would be from 10 the type of housing covered by this bill, does not create hardships on landlords;
to 15 percent. a prospective tenant is usually shown it poses only simple obligations that can
During thia period, the landlord, hay- either a model apartment or plans. He is easily be met will in no way impair the
Ing received less income than anticipated also advised of the rent and frequently economic viability of their investments,
by the FHA schedule, received approval told by a renting agent of the terms and As long as a builder, developer, or land-
from the FHA for a deferment of pay- conditions of the proposed rental agree- lord seeks the assistance of the Federal
ment of principal on the mortgage of ment. Upon oral acceptance of the deal Government by way of insurance of a
these dwellings. Ironically, the FHA, the tenant will sign a rental application mortgage, we must insist that he and
rather than the landlord, was underwrit- and offer a deposit. The rental applica- the agency insuring the mortgage pro.-
Ing the initial rent advantage gained by tion will frequently bind the tenant to vide the tenants with adequate informa-
the tenants. execute a lease, or, failing that, forfeit tion to balance the scales of the econo-
The consequence of this situation, in the deposit. In practice, tenants cursorily mic relationship.
a nutshell, is this: The tenants, while examine the rental application and pay In summary, I would urge my col-
gaining a momentary advantage on their even less attention to a long, involved, leagues to extend to the housing field a
rents, were faced with totally unexpected small-print hard-to-understand lease. praiseworthy trend that has taken place
31- to 45-percent rent increases, and Needless to say, it would require a book in other areas of consumer concern.
many of them found themselves unable the length of "Gone With the Wind" to "Let the buyer beware" has been re-
to carry this additional financial burden. report in detail the many representations ,.jected as the slogan of the marketplace.
They Were caught between the devil and that renting agents have made to pro- It is our responsibility to carry forward
the deep blue sea?either they had to sPective tenants to solicit their tenancy the Converse of that theme: "Let the
continue to pay a rent they could not A zealous renting agent, anxious for a buyer know." The enactment of the
afford or leave the premises, suffering all commission, frequently makes exagger- Freedom of Information Act, which re-
the attendant expenses and discomforts ated promises and conscious misrepre- quires agencies of the Federal Govern-
that such removal causes. sentations. ment to make available information and
Since that time, the landlord of this Often such leases have automatic rent- records within their possession is evi-
apartment complex made the meager escalation clauses and numerous other dence of our re6ognition of the public's
concession of offering the tenants time clauses that could be detrimental to the right to be informed.
to look for other accommodations. A 1- Prospective tenant. This bell requires that I seek nothing more than to permit
year lease was offered to those who a simple summary of the terms and eon- a prospective consumer-tenant to make
wanted it. For those who opted to stay, ditions of the lease be affixed to the an intelligent decision leased on sufficient
he prorated the increase over 3 years? rental application. The tenant will then and adequate information. We must keep
and by the third year, his 40-percent in- have the opportunity to read the sum- in mind that informed choice by a con-
crease was complete. rnary prim; to the execution of the rental sinner and a prospective tenant lies at
The victims of events such as the one application and the tendering of a de- the heart of a free and competitive
posit. Thus, his subsequent decision as to economy.
sients. For the most part, they are peo-
I just related are not a group of tran-
whether or not to enter into a contract
with the owner will be based on a criti-
ple who intend to remain in their new OTTO OTEPKA: COU
cal evaluation of pertinent facts, and NTRY ABOVE
apartments for many years and are peo- --------rouTICS
ple who would provide stability to their their relationship to his needs.
The bill would also proVide additional
community. If they are uprooted from
their homes we are all affected Should insurance for tenants against unfair and HON. JOHN R. RAIRICK
, .
unjustified rent increases by permitting
landlords of FHA-insured housing be oe 1.011 /S ANA .
them to be parties to any proceedings by permitted to mislead tenants into think- IN THE HOUSE OF REPRESENTATIVES
increase.
lug they have a good deal by offering which the FHA approves a rent
rents far below the FHA ceiling?rents No increase in the rent above the ceilings Monday, March 3, 1969
that suddenly soar after the lease ex- act in the rent schedule can be approved Mr. RARICK. Mr. Speaker, the in-
pires?we will witness an increase in the by the FHA without a public hearing:. trigue surrounding Otto Otepka contin-
flow of middle-income groups from ur- This hearing must be held in the corn- ues to be stranger than fiction.
ban areas. If this flight is stepped we, the munity where the property is located, af- Why must Otto Otepka continue to
e city will become the home of only the fording an opportunity for all tenants to suffer for placing his country above par-
very rich and the very poor. present their views before the Secretary tisan politics?
The problem I have related here is as of Housing and Urban Developnient or His last remaining appeal is to the
serious today as it was a year and a half the FHA Commissioner makes a deter- American people?by telling them the
ago. And it is not an isolated local prob- mination. = full story. Otto Otepka has kept faith
lem. It is neither unicinee tp this 1 aok -mats pamilirbrivigtytoBakto6900280micow countrymen. Let us hope
_
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March 3, 1969' CONGRESSIONAL RECORD?Extensions of Remarks
the American people will not abandon
this dedicated civil servant.
Mr. Speaker, I have introduced H.R.
6787 which would protect Federal em-
ployees from dismissal or discipline fo'r
testifying before a congressional com-
mittee. This is The same bill introduced
by the then Senator Richard Nixon?
S. 1390?in the first session of the 82d
Congress.
I include news clippings on the tragic
betrayal of Otto Otepka, the text of H.R..
6787, and Senator Nixon's remarks upon
introducing S. 1390, as follows:
[From the Chicago Tribune, Mar. 2, 1969]
OTEPKA FINDS WHY JOB DENIED
(By William Edwards)
WASHINGTON, March 1.?On Jan. 21, the
day after President Nixon's inauguration,
Secretary of State William P. Rogers had al-
ready made up his mind that he did not want
Otto F. Otepka in the state department.
If Otepka would resign his post, Rogers in-
formed_ Otepka's attorney on that date, he
would help him get a job in private industry.
His retention would create too many prob-
lems with holdover officials, Rogers con-
tended.
REMISES TO QU/T
When Otepka refused to surrender in his
five-year battle for vindication, Rogers noti-
fied him on Feb. 21 that his appeal for rein-
statement had been rejected.
These and other heretofore hidden details
of his post-inaugural negotiations with the
Nixon administration have been revealed by
Otepka. He also included them in a record
memorandum for his lawyer, Roger Robb, in
Which he announced his intention to appeal
for justice to the federal courts.
Otepka faced another blow in pursuing
this appeal, it was learned. Robb, the at-
torney most familiar with the celebrated
case, is under consideration for appointment
by Nixon to a federal court of appeals va-
cancy. If he goes on the bench, he will have
to withdraw from the case.
If new counsel becomes necessary, James
Is!. Stewart, head of the American Defense
fund, Palatine, Ill., which has already raised
$27,000 for Otepka's legal expenses, said the
necessary arrangements will be made. He has
been deluged with offers of aid since Rogers
appeared to end all hopes for Otepka's rein-
statement.
?TEMA IS UNPERTURBED
Unperturbed by a series of setbacks which
would have reduced a lesser man 'to despair,
Otepka disclosed the latest chapter in what
has been Wme,d by the Senate internal se-
curity subcommittee, "The Otepka Tragedy."
It began more than 8 years ago, in Decem-
ber, 1960, when Otepka was asked by Robert
F. Kennedy, attorney general:designated, to
waive security investigations for a number of
state department appointees. He refused.
Otepka was then at the peak of his career
as chief of security in the state department.
He had received commendations from the
Eisenhower administration for outstanding
achievements.
A three-year ordeal followed during which
he was demoted, put under surveillance,
Subjected to phone tapping, and finally, in
November, 1963, fired for conduct unbecom-
ing a state department officer.
rtErnsrAlltn' IS 1967
A Senate inquiry branded his treatment
"extraordinary and calculated harassment of
a loyal and patriotic officer for conscientious
performance of his duties." In December,
1967, after four years of hearings, Secretary
Of State De= Busk was forced to cancel
the discharge but ordered a severe repri-
mand, a $6,000 cut in salary, and stripped
him of security assignments.
Otepka went on a leave-without-pay basis,
refusing to accept clerical duties assigned
him. He looked forward to reconsideration
of his case under a new administration.
He was fortified in this faith by a number
of developments. In February, 1966, Nixon
had personally told him he was acquainted
with the facts in his case and advised:
"Stay in there and fight."
NIXON VOWS ACTION
In October, lops, Nixon pledged in an in-
terview to "order a full and exhaustive re-
view of all the evidence in this case with a
View to seeing that justice is accorded this
man who has served his country so long and
so well."
Later that month, at a campaign stop in
Mt. Prospect, Ill., Nixon was asked by Stew-
art, the defense fund raiser, about the
Otepka case and responded: "I know all
about that situation. I will help Otto Otepka
after I get into office."
"You can imagine my dismay," said
Otepka, "when I was told on Jan. 21 by my
attorney, Mr. Robb, that he had been in
touch with secretary Rogers and been told
that he did not want me back in the office
of security."
WORST NEWS WITHHELD
Robb, he later learned, had held back
an even more crushing statement by the new
secretary. He did not want Otepka back in
the state department in any capacity but
"offered to assist 10tepkal in locating a posi-
tion in private industry."
Unaware that he had already lost his case
and asked to outline what terms he would
accept for a "settlement," Otepka prepared a
memorandum which he submitted to Robb
On Jan. 24.
In this paper, he acknowledged that his
reinstatement as chief of evaluations, office
of security, would pose problems because,of
the retention of Idar Rimestad as deputy un-
der secretary for administration.
Rimestad would be his superior and Rime-
stad was linked with the long history of
harassment outlined by the Senate inquiry.
fig OFFERS CONCESSIONS
Under these circumstances, Otepka said,
he would accept a written decision declaring
the actions taken against him by Secretary
Rusk as "not consistent with the evidence"
and restoration to his former position. He
would then "immediately avail myself of any
appropriate procedures to retire from the
government service."
Thia accommodation was apparently not
acceptable to Rogers. It would constitute
repudiation of Rusk's actions and confirm
the Senate's verdict of "calculated harass-
ment."
On Feb. 22, Robb gave Otepka the bad
news?Rogers had never wanted him back in
the state department because "his presence
would result in objections from some officers
and he desired to avoid this problem."
"With no disrespect for Secretary Rogers,"
Otepka said, "I find his statements that he
does not want me in any department job
highly_ prejudicial, grossly unfair and cora-
pletely uncalled for. It is in violation of civil
service law.
"It was President Nixon, not Mr. Rogers,
who promised a review of this case and that
justice would be done. He also vowed during
the campaign that, under his administration,
all government employes would be guaran-
teed fair and impartial treatment by their
employers, including the right to confront
and cross-examine accusers.
CLAIMS RIGHTS DENIED
"This right was denied me by Secretary
Rusk. As a consequence, no evidence went
into the Civil Service commission hearings
concerning the falsehoods surrounding the
tipping of my telephone and the planting of
materials in my trash bags, measures ap-
E 1557
proved by high officials as part of a scheme
to destroy my career as a security officer.
"Mr. Rogers now says he has reviewed the
'documentation' in my case. He did not men-
tion in his letter whether he made this
judgment with the advice and consent of the
President."
Commenting upon Rogers' suggestion that
Otepka might be granted administrative
leave with pay while he pursued his court
appeal, Otepka said:
"I want Mr. Rogers to understand that I
do not need the government's charity. I de-
sire only simple justice that will right a
wrong committed against me and punish
the real offenders.
"Instead of observing the impartiality re-
quired of a supervisor, Mr. Rogers appears
to be behaving like Mr. Rusk and those he
Inherited from Mr. Rusk who had joined in
seeking to oust me by any means, fair or foul.
"I cannot accept Mr. Rogers' offers of as-
sistance. It would be a mistake for me to
draw a government salary while appealing to
the courts. The department could prevent
my public appearances and statements to
explain my case to the American people. I
am sure the public wants to know why Mr.
Rogers is trying to eradicate me and who it
Is that he is appeasing in the process."
[From the Manchester (N.H.) Union Leader,
Feb. 25, 19691
INTRIG`JE IN OTEPKA C ISE : ROBB To BE
MADE JUDGE
(By Edith K. Roosevelt)
WASHINGTON.?Otto F. Otepka's attorney,
Roger Robb, is being made a federal judge in
the latest intrigue to prevent Otto F. Otepka,
conscientious security chief, from returning
to The State Department where he would be
In a position to impede or destroy Red in-
filtration.
The White House will make the announce-
ment after President Nixon's return from
Europe. Robb will then resign as Otepka's
attorney and no member of the Robb firm
will accept Otepka's case and he will be
without an attorney.
Babb only informed his client on Satur-
day, Feb. 22 of the offer of the Judgeship
which he said he intends to accept. How-
ever, unbeknown to Otepka, Robb was of-
fered the post in late December last year.
This was part of a package deal between
President Nixon, Secretary of State William
P. Rogers, 'U.S. Attorney General John N.
Mitchell.
The Government Employes Exchange, a
newpaper for federal employes published in
Washington, D.C., wrote in its Feb. 5 issue
that the State Department "has received
repeated indications that Mr. Otepka's at-
torney, Roger Robb, was 'weary of the case'
because of the time he had to devote to the
Otepka case. The department knows posi-
tively that Mr. Robb is personally 'most
loathe' to go into a long and time-consuming
court fight, the source revealed."
Robb wrote Sidney Goldberg, publisher of
the Government Employes Exchange, in a
letter dated Feb. 7 denying that his "en-
thusiasm" for the Otepka case had anything
to do with the size of the fee and the abil-
ity to pay of this client. (Robb has already
received at least $28,000 from Otepka in this
case which has been stalled from resolution).
Robb told Goldberg:
"The amount of my compensation has
nothing to do with my devotion to Mr.
Otepka's cause: In fact, if the need arose
I would offer to represent him without com-
pensation."
Otepka estimates that the cost of taking
his case through the courts would amount
to about $110,000. He has been on leave of
absence without pay from the State Depart-
ment. His movements have been under sur-
veillance by scores of private detectives, FBI
-agents, CIA operatives and informers as well
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E 1558 CONGRESSIONAL RECORD ? Extensions of Remarks
as a surprising large number of friends in
whom he confides. From their reports, a State
Department source said that agency officials
now believe that Otepka is both financially
and embtionally exhausted, and is ready to
give up the fight. The difficulty of finding a
competent, courageous lawyer free of politi-
cal ties, will be Otepka's next hurdle if he
wishes to continue his fight for vindication
and the restoration of his old job. -
Thus far, Otepka's legal expenses have
been paid 'by the American Defense Fund,
headed by James M. Stewart of Palatine, Ill.
Thousands of individual citizens have con-
tributed.
[From the Government Employees Exchange,
Feb. 19, 19891
POWER STRUGGLE LOOMS OVER BEAM, OTEPKA,
SONNENPELDT BETWEEN CONGRESS, STATE
A "violent storm" is brewing between the
Nixon administration and Capitol Hill over
the failure of the President and his Depart-
ment heads to extend normal consultation
courtesies to Senators and Congressmen, this
newspaper was informed on February 15. Al-
though the "storm" already encompasses
more than one Department, it is becoming
sharpest between the State Department and
Capitol Hill over the issue of "excessive priv-
ilege" as defined by Secretary of State Wil-
liam P. Rogers, the informant said.
The first lightning flashes have already
been seen privately in the tone of the letters
between Capitol Hill and the White House
, concerning Ambassador Jacob Dyneley Beam,
whom Secretary Rogers is supporting for the
position of the next U.S. Ambassdor to
Moscow, the source claimed.
The first reaction from the White House
to the letters Was "pained surprise" that the
personnel dossier on Ambassador Beam sent
to the President by the State Department did
not contain such material on him as that
which The Exchange had published more
than a year ago, the informant' stated.
JACOB BEAM
As readers of this newspaper will recall,
Jacob Dyneley Beam was the American Am-
bassador at Warsaw during the outbreak of
the notorious "sex and spy" scandals there in
1959-1981. Included in these scandals were
Foreign Service Officer Erwin Scarbeck who
delivered secret documents to the Polish au-
thorities after he was surprised and photo-
graphed naked in bed with his mistress,
Urszula Discher. Mr. Scarbeck was subse-
quently convicted by a Federal court in
Washington, D.C. and was sentenced to
prison. Ambassador Beam testified during his
trial.
Another Foreign Service Officer, Thomas A.
Donovan, was also named during the hear-
ings of the Senate Internal Security Subcom-
mittee as having had sexual relations with
Polish female intelligence agents. This news-
paper reported that, although the State De-
partment wished to re-assign Mr. Donovan
immediately to Washington after his "liai-
son" wa's discovered, Ambassador Beam ar-
ranged with his former Princeton College
"old school tie" classma tea, Ambassador E.
Allen Lightner Jr. and Foreign Service Officer
Howard Trivers, to have Mr. Donovan trans-
ferred instead to Berlin, Germany, where
Ambassador Lightner was chief of mission
and Mr. Trivers was his Deputy Chief.
In Berlin, Mr. Donovan was 'placed in
charge of the Eastern Affairs Division, which
had supervision over all reporting concerning
East Berlin and East Germany. In this role,
Mr. Donovan received official documents re-
cording telephonic intercepts by American
intelligence officers of telephone conversa-
tions made between West Berlin and East
Berlin and East Germany.
THOMAS A. DONOVAN
Because of his knowledge that these tele-
phone intercepts were being made, Mr.
Donovan went to Communist East Berlin to
evade the telephonic monitoring of his own
unauthorized telephone calls to Polish
friends in Warsaw. These included his "girl
friend" and such Polish officials as Jerry
Michalowski, then the Director General of
the Polish Foreign Ministry and today the
Polish Ambassador in Washington, D.C.
During one of these telephone conversa-
tions, Mr. Donovan requested Ambassador
Michalowski to instruct the Polish Military
Mission in West Berlin to issue a visitor's visa
to Mr. Donovan without the prior knowledge
of American diplomatic officers in Warsaw so
that Mr. Donovan could proceed there with-
out their previous authorization. The Polish
Military Mission honored the instruction of
the Polish Foreign Ministry and issued Mr.
Donovan the visa he desired.
When Foreign Service Officer Stephen A.
Koczak reported these telephone calls to
Foreign Service Officer Howard Trivers and to
Ambassador E. Allen Lightner Jr., they ac-
cused him of trying to "stab Donovan in the
back" and did not convoke any board of in-
quiry to ascertain the truthfulness of Mr.
Koczak's allegations. Instead, they informed
Mr. Donovan of Mr. Koczak's reports to them
about him. Subsequently, Messrs. Donovan,
Trivers, and Lightner destroyed the original
pages of the efficiency report they had writ-
ten in 1961 on Mr. Koczak, forged substitute
pages, backdated these and inserted them
into his efficiency report as if they had in fact
been the original pages. In addition, Ambas-
sador Lightner wrote an "Additional Review-
ing Statement" to the effect that Mr. Koczak
had read the entire report and had, in the
course of interrogation, admitted to "tale
bearing" and, one instance of "intrigue"
against Mr. Donovan. Mr. Koczak has re-
peatedly denied having made any such ad-
mission; he also denies ever haying read the
altered efficiency report prior to, its dispatch
to the State Department.
Despite Mr. Koczak's denials, he was fired
by the State Department under the procedure
of -selection out," a process which denies any
formal appeals procedure to officers and does
not permit confrontation and cress-examina-
tion.
Mr. Koczak's attorney, Marion Harrison,
has repeatedly asked the State Department
for admission or denial of these facts and,
to date, the State Department has refused
to comment on them.
SOVIETS BREAK CODES
Another "disturbing item" in the letters of
the Senators to President Nixon concerning
Ambassador Beam, the source continued, was
the charge that the Soviet Union broke the
"top secret and secret" codes of the United
States by implanting "listening devices" into
the bricks ordered from Yugoslavia for the
new American Embassy building built in
Warsaw during the incumbency there of
Ambassador Beam.
ELMER DEWEY HILL
After the Embassy's walls were erected, an
"electronic survey" was conducted by State
Department security electronics technician,
Elmer Dewey Hill, to detect and eliminate
any "bugging" devices. Mr. Hill found none.
Thus the Soviet and Polish intelligence
agencies successfully recorded the reading of
the texts of American top secret and secret
codes by the code clerks while doing the
encoding and decoding. Subsequently, by
comparing these with the transmitted mes-
sages, the Soviet Union broke the codes.
This resulted in the breaking also of the
major codes of the United States in messages
being sent to Germany, Italy, trance, Eng-
land and Japan. Central Intelligence Agency
telegrams and communications were
"broken" in the same manner by the Soviet
Union, the source revealed.
orro P. OTEPKA
Elmer Dewey Hill was subsequently in-
structed by Deputy Assistant Secretary of
State for Security, John Reilly, to "bug",
414N
March 0, 1969
with the assistance of Clarence Jerome
Schneider, the telephone and office room of
Otto F. Otepka, the State Department's top
security evaluator, the source continued. Mr.
Hill later denied tinder oath that he had had
this role but when George Pasquale, a friend
of Mr. Otepka, obtained an admission from
one of the participants, Mr. Hill recanted
and admitted he had lied under oath. Sub-
sequently, Mr. Reilly also recanted and both
he and Mr. Hill resigned from the State De-
partment.
A lawyer and protege of the late Senator
Robert F. Kennedy, Mr. Reilly subsequently
was given a job as a "hearing officer" with
the Federal Communications Commission at
the same salary he had before.
Mr. Otepka, on the other hand, was de-
moted and reprimanded by Secretary of State
Dean Rusk for having told the trutii. "with-
out authorization", to the Senate Internal
Security Subcommittee.
WILLIAM P. ROGERS
The informant revealed further that Sec-
retary Rogers was very upset about the at-
tempt of the three Senators to influence
President Nixon through correspondence to
change his mind about appointing Ambassa-
dor Beam to Moscow. Secretary Rogers is
known to have been personally very critical
of the role Mr. Otepka played in cooperating
with the Senate Internal Security Subcom-
mittee and for "telling the truth" without
authorization. According to the source, Sec-
retary Rogers is of the firm opinion that Mr.
Otepka should have refused to answer the
questions posed to him by Julian Sourwine,
the Subcommittee's chief counsel, on the
grounds of "executive privilege", a doctrine
which Mr. Rogers espoused and expanded
during the Eisenhower administration when
he was Attorney General.
As this newspaper reported in its February
5 issue, Secretary Rogers has already vetoed
President Nixon's election promise to re-
examine the Otto F. Otepka case. on Janu-
ary 21, he informed Mr. Otepka, through in-
termediaries, that he would not allow Mr.
Otepka back as an "active security officer". He
also asked Mr. Otepka to indicate to him any
other "alternative remedy" on the under-
standing Mr. Otepka would not remain in
security work. Mr. Otepka's terms were com-
municated to Secretary Rogers through in-
termediaries, in the form of a memorandum,
January 24, ostensibly addressed to Mr.
Otepka's lawyer, Roger Robb.
The source revealed that Mr. Rogers chose
this course of action in regard to Mr. Otepka
because he is aware that the Senate Internal
Security Subcommittee is planning new hear-
ings on State Department security. The re-
instatement of Mr. Otepka to security work
would be hailed by the public and the Sen-
ate Internal Security Subcommittee as an
admission by the State Department that "ex-
ecutive privilege- could not be invoked by
it in forbidding its employees to "tell the
truth" during testimony before Congres-
sional Committees. Thus Secretary Rogers
could not refuse "authorization" in the fu-
ture to any State Department employee to
testify truthfully and fully under oath on
State Department practices.
Regarding Mr. Otepka, Mr. Rogers was re-
ported saying he feared especially that, if
re-instated and again ordered to testify
under oath, Mr. Otepka vvould again pro-
ceed to tell the Subcommittee the "truth"
about the current state of the State Depart-
ment's security clearance program, including
such matters as the disappearance of classi-
fied information from the security files of
Ambassador Jacob Beam and of Helmut Son-
nenfeldt, until January 20 an employee of
the Department of State. Mr. Sonnenfeldt,
about whom controversy Is raging secretly
within the intelligence and security commu-
nities, was recently appointed by Dr. Henry
Kissinger to join him on the staff of the Na-
tional Security Council located in offices next
to the White House.
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March 3, 1969 CONGRESSIONAL RECORD?Extensions of Remarks
EXECUTIVE PRIVILEGE
As defined and expanded by Secretary
Rogers when he was Attorney General, "ex-
ecutive privilege" is the doctrine that the
executive branch of the government has the
"right to refuse" to give Congress any docu-
ment that includes either an advice, a rec-
ommendation or a conclusion. These docu-
ments therefore include all personnel actions
Involving the selection, promotion, demotion,
transfer, dismissal or reprimand of any fed-
eral employee, if such action involves advice,
recommendation or a conclusion from or by
any federal officer.
Although he admitted as Attorney General
that the Constitution did not explicitly give
the executive departnients- such "power to
refuse", Secretary Rogers nevertheless con-
tended the executive branch had "an inher-
ent right" to refuse to give testimony or pro-
duce records. In fact, he went much further
and insisted that Congress could not even
pass a law to require or force the executive
department to produce such records, and that
any such laws already on the books were not
binding on the executive branch. In short,
under this hiterPretation by Attorney Gen-
eral Rogers. Congress was impotent versus the
"executive privilege", even if it was being
invoked to "protect" or to "cover up" or to
"white wash" executive actions.
In addition, Secretary Rogers claimed that
the so-called independent regulatory agen-
cies, including the Federal Communications
Commission, the Securities Exchange Com-
mission, the Federal Trade Commission, the
Federal Power Commission, also had the
"right" to invoke "executive privilege."
On the basis of this extreme definition of
"executive privilege", no Federal employee
would have the "right" to "tell the truth"
or produce records on any substantive sub-
ject unless he had the prior approval or
"authorization" from his superiors, the
Source Commented.
? CONGRESSIONAL RIGHTS
The doctrine of "executive privilege", as
eSpoUsed by Mr. ftogers when he was Attorney
General and as he is now re-asserting it to
President Nixon in the cases of Ambassador
Beam, Otto Otepka and Helmut Sonnen-
feldt, is expected to lead to a "Constitutional
Storm and crisis" in the next six months,
the source said, "unless President Nixon
backs, away from this exaggerated claim of
eXecutive privilege". Either Secretary Rogers
will have to change his point of view radi-
cally or the battle between the legislative
and executive branches of the Federal Gov-
erninent will become "irrepressible", the
? source concluded.
H.R. 6787
A bill to amend sections 1505 and 3486 of
title 18 of the United States Code relating
to congressional investigations
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That section
1505 of title 18 of the United States Code is
Mended by inserting "Or' before "Who-
ever" at the beginning thereof and by adding
at the end thereof the following new sub-
section:
"(b) Whoever as an officer of the United
States or of any department or agency
thereof Causes or attempts to cause a wit-
ness, who is a member of the Armed Forces of
the 'Unit& States or an officer or employee
of the United States or of ?any &pertinent
or agency thereof, to be demoted, dismissed,
retired, or otherwise disciplined on account
of his attending or having attended any
inquiry or investigation being had by either
HouSe,
or any committee of either House, or
any joint committee of the Congress, or on
aOCOUrft Of his testifying or having testified
to any ;tatter pending therein, or on account
Of his testimony on any matter pending
therein, unless such testimony discloses nits-
feasance, malfeasance, dereliction of duty, or
,past reprehensible conduct on the part of
such witness, shall be fined not more than
85,000 or imprisoned not more than five
years, or both.
"The demotion, dismissal, or retirement
(other than voluntary or for physical dis-
ability) of such witness within one year
after attending or testifying in such inquiry
or investigation, unless such testimony dis-
closes misfeasance, malfeasance, dereliction
of duty, or past reprehensible conduct on the
part of such witness, shall be considered
prima facie evidence that such witness was
demoted, dismissed, or retired because of
such attendance or such testimony."
SEC. 2. Section 3486 of title 18 of the
United States Code is amended by inserting
"(a)" before "No" at the beginning thereof
and by -adding at the end thereof the fol-
lowing new subsection:
"(b) No witness, who is a member of the
Armed Forces of the United States or an
officer or employee of the United States or
of any department or agency thereof, shall
be demoted, dismissed, retired, or otherwise
disciplined on accOunt of testimony given or
official papers or records produced by such
witness before either House, or before any
committee of either House, or before any
joint committee established by a joint or
concurrent resolution of the two Houses of
Congress, unless such testimony is given or
such official papers or records are produced
in violation of law, or unless such testimony
or the production of such papers or records
discloses misfeasance, malfeasance, derelic-
tion of duty, or reprehensible conduct on the
part of such witness."
[From the CONGRESSIONAL RECORD, Apr. 26,
1951]
PROTECTION OF COMMITTEE WITNESSES FROM
DISCHARGE BY SUPERIOR OFFICERS
Mr. Nixon. Mr. President, on behalf of my-
self, the senior Senator from Ohio [Mr. TAFT]
the Senator from Nevada [Mr. 1VIcCsitesn],
the Senator from Nebraska [Mr. WHERRY] ,
the Senator from Kansas [Mr. SCHOEPPEL]
the junior Senator from Ohio [Mr. BeioxEre],
and the Senator from Wisconsin [Mr. Mc-
CARTHY], I introduce for appropriate refer-
ence a bill to amend sections 1505 and 3486
of title 16 of the United States Code relating
to congressional investigations. I ask unani-
mous consent that I may be permitted to
make a brief statement in connection with
the bill.
The PRESIDENT pro tempore. The bill will
be received and appropriately referred, and,
Without objection, the Senator from Cali-
fornia may proceed, as requested.
The bill (S. 1390) to amend sections 1505
and 3486 of title 18 of the United States Code
relating to congressional investigations, was
read twice by its title and referred to the
Committee on the Judiciary.
Mr. Nixon. Mr. President, I have intro-
duced in the Senate today a bill to make it
a violation of law for any officer of the Fed-
eral Government to dismiss or otherwise dis-
cipline a Government employee for testify-
ing before a committee of Congress.
In the next few days congressional com-
mittees will open hearings on our far-eastern
policy, the conduct of the Korean War, and
the dismissal of General MacArthur by the
President. It is essential to the security of
the Nation and the very lives of the people,
as we look into these vitally important issues
that every witness have complete freedom
from reprisal when he is given an oppor-
tunity to tell what he knows.
There is too much at stake to permit for-
eign policy and military strategy to be estab-
lished on the basis of half truths and the
suppression of testimony.
Unless protection is given to witnesses
who are members of the armed services or
employees of the Government, the scheduled
hearings will amount to no more than a
parade of yes men for administration policies
as they exist.
The bill I have introduced is designed to
assure any member of the Armed Forces or
E1559
other officer or employee of the Government
who can offer pertinent and constructive
testimony that he can speak the truth with-
our suffering the fate of Admiral Denfeld on
account of such testimony.
LINCOLN, THE READER
HON. FRED SCHWENGEL
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Monday, March 3, 1969
Mr. SCHWENGEL. Mr. Speaker, the
Lincoln group of the District of Colum-
bia, at its annual meeting had the op-
portunity recently to hear Mr. David J.
Harkness present an excellent disserta-
tion entitled, "Lincoln, the Reader."
Mr. Speaker, I have heard and read
many fine speeches on the subject of the
literary talents of Lincoln and the back-
ground of his reading, but none better
than this speech given by Mr. Harkness.
In addition, there have been many
books published on this subject, all of
which were very enlightening and give
an impressive insight into the character
of Lincoln, by way of his association with
literature. This is a very fine contribu-
tion to the Lincoln literature, and I am
inserting it in the RECORD where others
many benefit from this magnificent dis-
sertation.
I should add that Mr. Harkness is the
director of the department of program
planning and library services at the 'Uni-
versity of Tennessee.
The address follows:
LINCOLN, THE READER
(By David J. Harkness, director of program
planning and library services, University
of Tennessee, Knoxville)
A famous educator once came to the White
House to see President Lincoln in support
of a fellow educator who was seeking a gov-
ernment post. "No man," he explained
"has plunged deeper into the fountain of
learning." "Nor come out drier," said Lin-
coln. Mr. Lincoln once said of a long-winded
lawyer: "He can compress the most words
into the smallest ideas of any man I ever
met," Lincoln, on the other hand, could say
more in fewer words than any figure, per-
haps, in American history. For instance,
he gave us a capsule book review: "For those
who like this kind of book, this is the kind
of book they will like."
The familiar picture of young Abe Lincoln
reading by an open fire reminds us that it is
only natural that the man who was noted
for his gift of storytelling should have found
enjoyment in fictional writing. Three books
which tell a story were read and re-read by
the youth in Indiana?"Robinson Crusoe,"
"Pilgrim's Progress," and "Aesop's Fables."
Defoes classic held the same fascination for
Lincoln that it has had for all boys who love
adventure. It is believed that the Second
Inaugural Address shows the influence of
Bunyan's famous leave-taking of Christian
in his great allegory. Lincoln's lifelong inter-
est in telling a story to illustrate a point
seems to have sprung from his reading of the
fables of the Greek slave. During this same
period in Indiana he borrowed a copy of the
"Arabian Nights" from a neighbor, David
Turnharn, and fell under the spell of the
Oriental enchantment of Sinbad the Sailor.
Years later Lincoln was to delve into
another treasure house of narrative. In 1860
during a stay at a hotel in Bloomington, Illi-
nois, while in attendance' at court, it was
noticed that he was absorbed in a book while
eating his meals. When Julius H. Royce in-
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E156 CONGRESSIONAL RECORD ?Extensions of Remarks
quired about his absorption, Lincoln replied:
"I am reading Homer, the 'Iliad' and 'Odys-
sey.' You should read him. He has a grip and
he knows how to tell a story." In 1864 Lin-
coln drew Chapraan's translation of Homer
from the Library of Congress in order to re-
new his zestful pleasure in this classic. This
type of reading no doubt helped mold his
style and gave him "the Attie simplicity and
Hellenic elevation of his closing and death-
less utterances," as Talcott Williams ex-
presses it.
During the New Salem years he read two
of Cooper's "Leatherstocking Tales"?"The
Pioneers" and "The Last of the Mohicans."
Just as the growing lad on Pigeon Creek in
Spencer County, Indiana, knew the domestic
animals which were a part of every frontier
home, and also the wildlife of wood, field,
and stream, and was thus better able to ap-
preciate the fables of Aesop, so the man read-
ing a book on the banks of the Sangamon
River in Illinois also had firsthand acquaint-
ance with nature in the pioneer environment
and was well prepared to re-create the setting
of Cooper's novels. Noah Brooks says, "He
had seen something of the fast-receding In-
dian of the American forests, and he had
heard, many a time of his father's thrilling
escape from the red man's clutches, and of
his grandfather's cruel death in the Kentucky
clearing; and when he withdrew his fasci-
nated attention from the vivid pages of Coop-
er's novels, he almost expected to see the
painted savages lurking in the outskirts of
the forest so near at hand."
As he grew older Abe developed a liking
for short stories rather than novels. Rufus
Rockwell Wilson says: "Lincoln, an occasion-
al reader of fiction, seems to have preferred
the short story to the novel or romance of
average length." Howard Haycraft says that
William. Dean Howells' campaign biography
served to establish Lincoln as the first of the
countless eminent men who have turned to
the detective story for stimulation and solace.
Howells made this statement regarding Lin-
coln as a mystery fan: "The best of his mind
is mathematical and metaphysical, and he
is therefore pleased with the absolute and
logical method of Poe's tales and sketches, in
which the problem of mystery is given, and
wrought out into everyday facts by processes
of cunning analysis. It is said that he suffers
no year to pass without the perusal of this
author." It is interesting to note that Abra-
ham Lincoln and Edgar Allan Poe were born
in the same year and that each suffered a
tragically premature death.
Lineoln's law partner, William H. Herndon,
was an omniverous reader and often gave
Abe books to read. He bought one of the first
copies of "Uncle Tom's Cabin" offered for
sale in Springfield and it is altogether prob-
able that Lincoln read it in whole or in
part. Henry B. Rankin said, "Mrs. Stowe's
'Uncle Tom's Cabin' moved him deeply while
reading it." In 1862 the Lincolns drew from
the Library of Congress a copy of Mrs. Stowe's
"Key to Uncle Tom's Cabin." When Harriet
Beecher Stowe called on the President at the
White House that year, Lincoln walked to-
ward her with outstretched hands and
greeted her: "So you're the little woman who
wrote the book that made this great war."
Herndon says that his partner never read
a novel in its entirety. He states that while
Lincoln began Scott's "Ivanhoe" he did not
finish it, and that he refused to read Bul-
veer-Lytton and Dickens. But Billy may not
have been accurate in this statement. While
he may not have read "The Last Days of
Pompeii" or "Oliver Twist," Oliver It. Barrett
was convinced that Lincoln read Dickens'
"Pickwick Papers," basing his belief on the
President's familiarity with the character of
Sam Weller. Certainly the humor in that
book is of a kind that Lincoln would have
enjoyed. The Library of Congress records show
that the "Pickwick Papers" was taken out on
the Lincolns' card in 1864 and that Bulwer-
Lytton's "The Caxtons" was charged to the
President's family in the same year. Once,
when speaking of Charles Dickens, Lincoln
said: "His works of fiction are so near reality
that the author seems to have picked up his
material from actual life as he elbowed his
way through its crowded thoroughfares."
Maybe he was familiar with "David Copper-
field" to the extent that he understood what
Salmon P. Chase meant when he wrote of
the President's "Micawber policy of waiting
for something to turn up."
Herndon tells us that at New Salem Lin-
coln read Caroline Lee Hentz's novels of
Southern life, but one wonders if he found,
them very entertaining. M. L. Houser, come
menting on a copy of Mrs. Hentz's "Linda
or the Young Pilot of the Belle Creole" in
his collection of books which Lincoln read,
,observed that readers of this hovel are "ex-
pected. to weep over an angelic heor e,
weak father, a cruel stepfather, a de ning
stepbrother and a hero who twice tescues
Linda from death at their first two s4eetings
(and still the villain pursued her)." IHouser
said that some remark which Llncoljt made
in a speech indicated a close acquaintance
with "Don Quixote" by Cervantes. Wilson
says that Lincoln read this classic in the
White House, that he gratefully re gnized
a kindred spirit in the wise and gentl Span-
iard and gave many an hour to the adven-
tures of his melancholy knight. Thus lihe man
of many moods?jovial, sad, outgoing brood-
ing?found reflected in fiction the e ments
of his own temperament. It is no WOnder,
then, that Lincoln said: "My best f4iend is
the man who will get me a book I h ve not
read." One day he heard of someone 14 Rock-
ford, Illinois, twenty miles away, wh4 had a
book he wanted to read. Abe walk?the
twenty miles to Rockford and back. (There
was no lack of physical energy wh n. he
wanted something badly enough?like book
he had not read.
Books were scarce in the sparsely stticd
woodlands of Illinois, but Lincoln one told
one of his friends that he guessed h had
"read every book he had ever heard f in
that country for a circuit of fifty mil " In
a letter to John M. Brockman dated Septem-
ber 25, 1860, Lincoln wrote: "Get the bpoks
and read, and study them carefully." He'thad
earlier said, "I shall study and evork?eind
maybe my chance will come." He was agreod
example of adult education, based on In en-
sive reading in a variety of subjects?a ftrue
product of the library. 0. H. Browning, a fel-
low lawyer, said: "Lincoln was always a lean-
or, and in that respect the most notable i4an
Shave ever seen."
Lincoln's great love was the Bible, which
he called "the best gift God has given to
men." He read it constantly, and his famil-
iarity with its contents far exceeded that of
many clergymen. His speeches are filled with
Biblical phrases and thoughts. He once wrote
to his Louisville, Ky., friend, Joshua Fry
Speed: "I am profitably engaged in reading
the Bible. Take all of this book upon reason
that you can, and the balance on faith, and
you will live and die a better man." He free
quently read biographies of the founding
fathers, including Ramsey's "Life of Wash-
ington," Wirt's "Life of Patrick Henry,"
Flint's "Life of Daniel Boone," Weems' "Life
of Washington" and "Life of Francis Marlon,"
and Franklin's "Autobiography."
In his lifetime poetry had a wide audience
and books by popular poets became best-
sellers. But Lincoln turned to poetry much
more than did the average man' and his
knowledge of it was marked not only by good
taste but by familiarity. With him, to like
a poem was to memorize it, to recite it, use
It, and quote it on repeated occasions. His
powers of memory were extraordinary and
his ability to recite poetry with telling effect
was confirmed by many who heard him. The
thoughts and philosophies of the poets were
reflected in the President's life and spirit,
inspiring and comforting him. Mrs. Lincoln
once said to' Billy Herndon: "I never saw a
man's mind develop itself so finely. Mr. Lin-
coln had a kind of poetry in his nature." Ran- learned the identity of the poet from Gen,
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March 3, 1961
kin believed that Mrs. Lincoln's appreciation
of the best in literature, and the books they
read together in the home, were forceful
stimulants to Lincoln's intellectual life.
Lincoln once said, "The things I want to
know are to be found in the pages of a book."
Anything that looked like a book was "grist
for his mill." From books he could learn the
answers to questions which puzzled him or
couldeetbeerb fine literature written by bril-
li lit men for the entertainment and en-
," ghtenment of mankind. Tn a speech before
- the Wisconsin State Agricultural Society in
Milwaukee on September 30, 1859, he said:
"A capacity and taste for reading gives ac-
cess to whatever has already been discovered
by others. It is the key, or one of the keys, to
the already solved problems. And not only
so. It gives a relish and facility for success-
fully pursuing the unsolved ones." It is
known that Lincoln spent much time in
the Library of Congress when he was in
Washington, so much 60 that a fellow Con-
gressman said, "Bah! He is a book-worm!"
Contemporaries of Lincoln in Illinois stated
that he usually kept a copy of Shakespeare's
plays in his pocket when he was traveling
over the circuit and that he read them dur-
ing spare moments. He could quote long
passages from the Bard ce Avon. His secre-
tary, John Hay, said that Lincoln read
Shakespeare more than eh other writers to-
gether and that he went occasionally to the
theater. He said Lincoln's favorite plays were
"Hamlet", 'Macbeth", and the histories, espe-
cially "Richard II. He spoke of a time when
the President read passages from "Henry V"
and "Richard III" to him. He would read
Shakespeare for hours "with a single secre-
tary for audience," Hay said. Lincoln seems
to have had Shakespearean quotations on his
tongue on many occasions. He once said to a
delegation which invited him to a Shakes-
pearean celebration by a literary society:
"For am I not a fellow of infinite jest?" In
all probability Lincoln had deeper apprecia-
tion of Shakespeare than any other statesman
of his time. William Dee') Howells in his
campaign biography wrote: "He is also a
diligent student of Shakespeare, to know
Whom is a liberal education."
Next to Shakespeare, Lincoln liked Robert
Burns best. The Rallsplitter and the Plow-
man were much alike, with similar back-
grounds of the frontier youth of Illinois and
the peasant poet of Scotland. Milton Hay
said Lincoln could quote Burns by the hour
and Jamas H. Matheny, who served as best
man in his wedding, said Abe learned a num-
ber of .Burns' poems by heart and often
recited them. "He found in Burns a like
thinker and feeler," he said. Lincoln delivered
a lecture on Burns in Springfield on January
25, 1859, at a banquet in Concert Hall cele-
brating the one hundredth anniversary of
the Scottish poet's birth. When he was
President he was guest at the annual ban-
quet of the Burns Club in Washington, and
when he was asked for a toaot, to be presented
on his behalf he wrote these words: "I can-
not frame a toast to Burns. I can say nothing
worthy of his generous heart and transcend-
ing genius. Thinking of whet he has said, I
cannot say anything which seems worth say-
ing. A. Lincoln." He especial 'v liked "A Man's
a Man for A' That," the poem which is said
to have inspired the writing of the Eman-
cipation Proclamation. Lincoln once said,
"The better part of one's life consists of his
friendships," and certainly Burn's "Auld
Lang Syne" was a favorite all his life.
Lincoln's favorite poem was written by a
, young Scottish poet, William Knox, who died
in 1825. In 1831 while living in New Salem
Lincoln first saw "Mortality or 0 Why Should
the Spirit of Mortal Be Proud?" In a news-
paper. In 1846 he sent a copy to a friend and
later wrote: "Beyond all question e am not
the author. I would give all I am worth and
go in debt to be able to write so fine a poem
as I think that is. Neither do I know who is
the author." But when he was President he
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February 6, 1969 CONGRESSIONAL RECORD?Extensions of Remarks
OTTO OTEPKA?PERSIECUTION
arrrozLENTING
HON. JOHN ft. RARICK
OF LOVISIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 6, 1969
Mr. RARICK. Mr. Speaker, millions of
Americans?among them, those employed
under civil service?have followed with
great interest the case of Otto Otepka?a
dedicated civil servant whose only crime
was unswerving loyalty to his country.
Most had hoped that with the change
of political alinement Mr. Otepka would
be restored to his former position. They
are aware that at this critical period in
our history, we are sorely in need of men
with his knowledge and devotion to
America.
Failure-to restore Mr. Otepka can but
be interpreted that the new "team' is
dishonoring its commitment to the Amer-
ican people to restore confidence in the
State Department.
Mr. Speaker, I place a portion of the
current status of the Otepka case, which
appeared in the Government EmploYees
Exchange for February 5, 1969, at this
point in my remarks so that all of our
colleagues may be apprised of what ap-
pears to be the latest move to try to
break this courageous man:
ROGE'RS VETOES NIXON OTEPKA CASE REVIEW?
OTEPKA SETTLEMENT PROPOSED FOR DROPPING
WIRETAP PROBES
In a surprise move reversing completely
campaign promises by President Nixon to re-
examine thoroughly the Otto F. Otepka case,
Secretary of State William P. Rogers let Sena-
tor James Eastland know that he does not
' want Otto F. Otepka to return to his former
status as an active security offleer in the
State Department, this newspaper was in-
formed by a top Senate aide on January 28.
The aide understood that Mr. Otepka migYt
be re-instated "in title" to indicate that in
-'the eyed of the Nixon administration he had
been "vindicated and exonerated". However,
Mr. Otepka would be given no important
security cases to review and he would have
to abandon his quest to identify publicly the
persons who placed compromising material
into his "burn bags" and who ordered the
"wire-tapping" of hrs telephone.
The practical effect of this decision is that
Secretary Rogers has thereby endorsed Secre-
tary Rusk's contention that Mr. Otepka is
..himself now to be regard as a security risk
so far as the position of security officer in the
State Department is concerned, the aide
commented.
Ironically, Secretary Rogers' decision was
commtinicated to Senator Eastland only a
Very short time after the issuance of a new
security clearance to John Paton Davies by
Under Secretary of State Nicholas deBeIleville
Katzenbach, the source said. This action was
interpreted as reversing the action of Secre-
tary of State John Foster Dulles who had
ordered Mr. Davies dismissed from the For-
eign Service in 1954 as a security risk.
THE nomizriss
On JarruarV 29, another sOurce, personally
close to Secretary Rogers, confirmed that
"modalities of communication" had been
worked out "through intermediaries" between
secretary Rogers and Mr. Otepka.
' After obtaining categoric assurances from
this newspaper that his identity would not
be revealed, this source stated that Secretary
Rogers had chosen this course of action,
which repudiated President Nixon's campaign
promises, after "talks with Secretary Rusk
during the transition period." From these
talks it became clear to Secretary Rogers
that any effort to identify the persons who
ordered the "planting" of compromising ma-
terial In Mr. Otepka's burn bags and who
received the tapes of the wiretap of Mr.
Otepka's telephone would lead to a "rupture"
with Mr. Rusk. This "rupture" would bring
the "wrath of the New York Times and The
Washington Post down on Mr. Nixon", the
State Department source said.
In addition, the facts now available to Sec-
retary Rogers indicate that the "Kennedy
forces would be aroused on Capitol Hill and
Sargent Shriver might resign as American
Ambassador in Paris", the source stated.
Under these circumstances, Secretary Rog-
ers "hopes" Mr. Otepka would accept a "set-
tlement" vindicating his public honor but
not returning him to substantive work.
OTEPKA "COVERED"
Asked why Secretary Rogers thought Mr.
Otepka should be agreeable to accepting the
"shadow but not the substance" of vindica-
tion and restitution, the source said that the
State Department had been "keeping tabs"
on Mr. Otepka and his associates and Mr.
Otepka had been "covered" by hundreds of
reports from informers, private detectives,
FBI agents, IA operatives as well as a "sur-
prisingly larl'E` number of other persons
whom Mr. Otepka regards as his friends and
in whom he confides."
From these reports it now appears that Mr.
Otepka is both "financially and emotionally
exhausted" and was ready to give up the fight
for the "substance" of his job, provided the
"shadow" of vindication was extended to
him. Even more important, the source con-
fided, the Department has received repeated
indications that Mr. Otepka's attorney, Roger
Robb, was weary of the case and had com-
plained to colleagues that he was losing
money by having to turn down more lucra-
tive clients because of the time he had to
devote to the Otepka case. The Department
knows positively that Mr. Robb is personally
"most loath" to go into a long and time-
consuming court fight, the source revealed.
THE SETTLEMENT
"The settlement toward which Rogers is
groping", the source continued, is to re-
instate Mr. Otepka first to his previous civil
service grade, from which he was demoted,
and then to grant him retroactively his
grade-step pay increases. After this, Mr.
Otepka would be paid under the settlement
for the leave without pay he had taken.
Finally, Mr. Otepka would be re-instated
as the Chief Security Evaluator and shortly
thereafter "detailed" to some "honorific" job
which removed him from an active role in
security. Following this, if Mr. Otepka de-
sired, he could be "detailed" or "transferred"
to some other Department or Agency or his
job "abolished through reorganization", en-
titling him to immediate retirement if he
chose.
TIMING THE CASE
The "timink of the settlement of the case",
the source revealed, is presently linked to
coincide with the announcement of the de-
parture of Idar Rimestad as Deputy Under
Secretary of State for Administration. By
"linking the disposition of the Otepka case
to the departure of Rimestad", Secretary
Rogers hopes to assuage the disappointment
and grievance of such supporters of Mr.
Otepka as Senator Strom Thurmond and
Congressman John Ashbrook who had com-
plained to President Nixon about Mr. Rime-
stad's retention, the source revealed.
"Mr. Rimestad's head will be the sacrificial
offering made to Mr. Otepka's followers", the
source revealed.
FA' ACTIONS: UNBELIEVABLE
HON. WENDELL WYATT
OF OREGON
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 6, 1969
Mr. WYATT. Mr. Speaker, ideally this
Federal Government of ours should
function to aid and serve our Nation's
people. If it loses sight of this single
objective it cancels out the reason for
its existence.
The Food and Drug Administration, as
an agency of this Government, has been
entrusted with the important responsi-
bility, among others, of protecting the
American public from dangerous or in-
effective drugs and medicines. Should
it cease to do this it is flying in the face
of Congressional intent and negating the
very reason for its existence.
When the FDA begins, as it has, to
interpret the law and its authority in
a manner that hinders the practice of
medicine it is acting against the peo-
ple's welfare. When it assumes powers
it does not legally have, or takes on duties
that are only questionably under its ju-
risdiction, and uses these powers and
duties to actually harm our public it is
directly abusing the trust placed with it.
With an incredible, bureaucratic in-
sensitivity to the needs of this Nation,
the FDA, more and more, is interpreting
its powers to the detriment of our peo-
ple, and is impinging on the practice of
medicine to the point of becoming an ab-
solute hindrance to that practice.
Instead of making an extra effort to
use its evaluative and regulatory au-
thority over drugs in a rational and posi-
tive mariner, it seems the FDA is work-
ing toward exactly the opposite extreme.
In many cases it appears it is using its
power to pick petty points to death, to
discard rational evaluation and regula-
tion of drugs altogether, and simply to
abuse the medical profession for no pur-
pose except abuse. Such a method of
handling its Federal duties is starkly
dangerous to the health of the American
people.
It is inconceivable that this turn of
events should have come about as the
specific intent of anyone in the Food
and Drug Administration. It seems,
rather, that circumstance and the in-
grown emphasis on procedure rather
than substance in that agency's growing
bureaucracy have led to this sorry state.
The fact is that the FDA has too im-
mense and important a set of tasks to
perform for the present size of that or-
ganization. It is simply overwhelmed
with procedure and paperwork. As its
duties have expanded, as Congress has
asked it to accept more and more re-
sponsibility, the FDA's actual ability to
handle these chores efficiently has de-
creased in direct proportion to the in-
crease in authority.
A major overhaul of the Food and
Drug Administration is long overdue. Im-
mediate reorganization of the agency is
a necessity if the health of 200 million
Americans is not to be drastically en-
dangered. The delays and abuses of the
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CONGRESSIONAL RECORD ? Extensions of Remarks
burgeoning FDA bui eaucracy must be
eliminated. Efficient and professional
handling of drug evaluation and control
is an absolute must.
Legislation is currently being prepared
to deal directly with this problem by
restructuring the FDA's entire drug eval-
uation mechanism. The matter has be-
come one of great national cencern.
An editorial in Vac. Januara, 30th issue
of the Medical Tribune presents this
problem in clear and succinct language.
I present that editorial at this point in
the RECORD:
UNBELIEVABLE
We recently received a letter foam a der-
matologist in New Haven, Conn., who en-
closed the following communication that he
had received from the technical manager of
a pharmaceutical manufacturer: "Your let-
ter requesting samples of the ingredients in
our Mycolog Cream has been referred to me.
'Until about a year ago we -were pleased
to be of service to the medical profession
by furnishing samples of the Ingredients in
this product for patch testing. However at
that time we received a notification from the
FDA that the furnishing of components of
this product for use in hypersensitivity test-
ing will require a Notice of Claimed Investi-
gational Exemption for a New Drug for each
component so used.' Completed and signed
forms are required both from the investigator
and the supplier and results of the study
must be reported to the FDA. As you may
imagine, this constitutes a prohibitively la-
borious procedure for both you and Squibb.
Although we have protested to the FDA, we
are presently unable to furnish components
of products for hypersensitivity testing. We
are very sorry."
The -dermatologist described the situtaion
as unbelievable and went on to say, "In this
case FDA technicalities interfere with good
practice Of medicine."
Does the law require the FDA to behave
In this fashion? We ourselves do not think
so, but, conceivably, it is possible to interpret
the law as requiring this unseemly behavior.
But why should the FDA, whose purpose, we
are assured, is that good medicine be prac-
ticed to protect the public, make such an
interpretation of the law? Does the FDA
believe that Congress wanted the law to
bear such uninterpretation? Surely not. Does
the FDA believe the public warts the law
interpreted in this fashion? We find this
inconceivable. Does the FDA believe that the
courts would want the law interpreted in
this fashion? But if the FDA without any
folderol perfnitted a manufacturer to provide
a physician with the constituent ingredients
of a preparation so that he could skin test
a patient, who, in heaven's name. would
bring this to court as a violation of the law?
The patient? The pharmaceutical manufac-
turer? The physician himself?
The situation is, unhappily, believable, but
it is also deplorable. If, for whatever mis-
guided reasons, the FDA believes it is com-
pelled- to interpret the law in the fashion
described, then it ought to hotfoot it to
Congress and ask that the law be amended
so that this nonsense is stopped, once and
for all. When the practice of good medicine
is made difficult by administrative barriers,
it is -the responsibility of the FDA to
promptly eliminate them.
RALPH MoGILL
HON. RICHARD FULTON
OF riainarasres
IN THE IIOUSE OF?REPRESEN TATIVES
Thursday, February 6, 1969
Mr. FULTON of Tennessee. Mr.
Tennessean and one of the outstanding
voices of the Southern conscience, has
died.
Mr. McGill received the Pultizer Prize
in 1958 for his editorials opposing racial
injustice in the South and denouncing
Ku Klux Klan violence.
His strong voice calling for reason and
justice and his clear insight into the so-
cial problems of the South and the entire
United States will be missed by all of
his friends and admirers.
Mr. McGill, born on a farm 10 miles
from the community of Soddy, Tenn., at-
tended Vanderbilt University in Nash-
ville and worked for a time as a sports
writer for the Nashville Banner. He
Joined the staff of the Atlanta Constitu-
tion in 1929, and served as a writer, ex-
e -utive editor, editor, and then publisher.
He gained fame as an advocate of ra-
cial justice in the South and tha.t fame
ha richly deserves. But, Mr. Speaker, we
should all remember that it was/Mr. Mc-
Gill's devotion to the principlerof justice
in the face of strong, dedicated and
vocal apposition that set 'him apart.
And it was his continued edication to
the principle of justice qS.at made his
voice one of importance for all of our
Nation.
Mr. McGill has been prnised by politi-
cal, social, and business:leaders of the
Nation and his loss to the Nation has
been well documented. Bilt the people of
the Nation who will miss his call to
equality will be the poor, the unwanted,
the unrepresented.
Mr. Speaker, these feiv words cannot
do justice to the leaderhip Mr. Ralph
E McGill gave so freelyi to our Nation.
The greatest tribute the Members of this
body can pay to his me ory is to honor
his commitment to cons ience and jus-
tice.
SP4C. 1.1-LANK J. MAR CONI, U.S.
ARMY, KILLED IN ETNAM
HON. RICHARD L. 0 TINGER
OF NEW YORK
IN THE HOUSE OF REPRESE1TATIVES
Thursday, February 6, p969
Mr. OTTINGER. Mr. Spea r, it is my
sad duty to report that anotaer one of
my constituents, Sp4c. Frank j. Marconi,
U.S. Army, of Carmel, N.Y., died in Viet-
nam last month.
I wish to commend the co rage of this
young man and to honor hi memory by
Inserting herewith, for lnc14ision in the
RECORD, the following ar le:
[From the Evening Star, Pe skill (N.Y.)
Jan. 28, 1969],
Porafass SOLDIER KILLED 'IN VIETNAM
CARMEL.?Army authori ies last night
disclosed that Sp. 4 Fran J. Marconi, 19, a
member of Troop "C," 1st quatiron, 4th Cal-
vary, of 44 Everett P,oad, Carmel, had been
killed in action in Vie am. He had ,pre-
viously been listed as nIssing.
His regiment is attaphed td the 1st In-
fantry Division in its operations against
Viet Cons in central portions of the Republic
of South Vietnam.
He is the son of Mr. and Mrs. Frank A.
Marconi, formerly of Yonkers, titho purchased
and moved to the community about a year
ago. In addition to his parents he is survived
by two younger brothers, who attend the
Febivarif 6, 1969
According to an Army spokesman, the fam-
ily has indicated funeral services and in-
terment will be in Yonkers, when the
soldier's remains arrive in this country.
BILL SCOTT REPORTS
HON. WILLIAM LLOYD SCOTT
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, Februf-vy 6, 1969
Mr. SCOTT. Mr. Speaker, each month
we semi out a newsletter to all residents
of thr EighDi?Distriet of Virginia who
have expressed an inter?,st in receiving a
report from the Congress and each year
we send a questionnaire and a copy of
the newsletter to every home in the
eighth district by addressing the pa-
trons of each of our post offices.
The response in the past has been
very good and I am hopf-ful that the peo-
ple of the Eighth District of Virginia
will respond to the 158,000 postal pa-
tron mailings going out to them this
week.
A copy of the newsletter and the ques-
tionnaire is inserted at this point in the
RECORD for the information of my col-
leagues:
YOUR CONGRESSMAN, Bmi, SCOTT, REPORTS
THE PRESIDENT
It was good to have so many of you who
attended the Inauguration ceremonies at the
Capitol on January 20 stop by the office and
visit both before and after the swearing in
of our new President. Mr. Nixon appeared to
say the things that people wanted to hear
and I believe his speech fitted the mood of
the day. Certainly we hope that his leader-
ship during the next four years will conform
to the good beginning.
LITTLE ACTIVITY IN CONGRESS
Only minor matters have been considered
since Congress convened. However, most com-
mittees have now been constituted, cabinet
officers have been confirmed and more im-
portant matters will probably be considered
after the Lincoln Day recess. Our office has
been attempting to utilize this lull by intro-
ducing measures of interest and by laying
the foundation for favorable consideration
of these measures.
PRINCE WILL/AM COUNTY PROJECT
A bill introduced late in last year's session
was approved by the House District of Colum-
bia Committee but did not reach the floor
for consideration. Therefore, this measure
has been reintroduced and I am hopeful that
it will receive early and favorable considera-
tion by the House. The measure authorizes
the Government of the District of Columbia
to convey to Prince William County 350.4
acres of land adjoining the Potomac River at
Featherstone Point approximately 27 miles
downstream from Washington. I visited the
property a few days ago with county officials
and they are unanimous in desiring that title
be obtained as soon as possible. Of the to-
tal, 158 acres will be used for recreational
purposes, 25 acres for a water pollution con-
trol plant and the remainIng 167.4 acres of
marsh land will be diked and made avail-
able for a sanitary land fill for both Prince
William County and the District of Colum-
bia County officials advise that the marsh
land wiH be filled within a few years and
this land will then also be available to meet
local recreational needs in this fast growing
county.
WASHINGTON ARE a TRAFFIC
Commuting to and from Washington has
Speaker, Mr. Ralph E. McGill, a native local public schools, become increasingly difficult over the years
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