REMOVAL OF INJUNCTION OF SECRECY FROM EXECUTIVE I, 90TH CONGRESS, FIRST SESSION, THE CONSULAR CONVENTION BETWEEN THE UNITED STATES AND FRANCE
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April 19, 1967
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April 19, 1967 CONGRESSIONAL RECORD - SENATE
In contrast, two-thirds majorities in the
Senate and House here are needed to adopt
a pending resolution for a state convention
to revise the Illinois constitution of 1870.
[From the Washington Post]
HIGH COURT PONDERS ONE-VOTE ISSUE
(By John P. MacKenzie)
The Supreme Court searched yesterday for
a place to draw the line on the "one person,
one vote" principle for local government.
The Justices completed two days of oral
argument in four local reapportionment
cases. They heard warnings of a "political
thicket" more dangerous than State legis-
lative reapportionment, and complaints of a
continuing "rural stranglehold" on cities at
the level of county government.
They were assured by lawyers for city dwel-
lers that the problem was manageable de-
spite the number and variety of county and
city governing units. One lawyer said that
about 20,000 of the Nation's 90,000 local
bodies would be affected.
ONLY 20,0000?
"Only 20,000?" asked Justice Byron R.
White. "That's a lot more than 50," Justice
William J. Brennan Jr. added, referring to
the number of state legislatures governed by
the 1964 equal-population decision.
Justice Abe Fortas said the problem was:
"What is local government?" He demanded
in each case to know the specific govern-
mental powers the State had delegated to lo-
cal political units. In no case could oppos-
ing counsel agree.
Justice Department Attorney Francis X.
Beytagh, supporting extension of the equal.
population rule, said Fortas's functional ap-
proach would bog the Court down in details
not invovled in the, four cases. He said the
rule should apply whenever the State pro-
vides for elections by districts to a body with
any governmental powers.
At issue are the election processes for these
political units:
The school board of Kent County, Mich.
Grand Rapids has more than half the
County's population, but its school district
is only one of 21 in the County, each district
having a vote in the annual selection of
school board members.
The Board of Revenue and Control of
Houston County, Ala. The, City of Dothan,
which has more than half the County's vot-
ers, is outnumbered by four rural districts.
The Board of Supervisors of Suffolk
County, Long Island, The County is com-
posed of 10 towns ranging in population from
1300 to 172,000 but each town is entitled to
one Board member.
The City Council of Virginia Beach, Va.
All its. 11 members are elected at large, but
seven must reside in each of seven boroughs
that vary in population from 733 to 29,000.
MOST DIFFICULT CASE
Beytagh conceded that the Michigan case
was "the most difficult" of the four because
the school board is not elected directly by the
people, But he said most school boards are
popularly elected and should be covered by
any equal population ruling.
School board attorney Paul 0. Strawbecker
insisted that in Michigan, "education has
never been a part of local self-government,"
He insisted that fairly apportioned state leg-
islatures were "more competent than any
court" to distribute political power below the
state level.
Washington attorney Charles S. Rhyne,
who argued in. the breakthrough 1962 case of
Baker vs. Carr, urged the Justices to extend
the rule because "it's a principle that you
just can't carve up,"
But Truman Hobbs, lawyer for the Houston
County board, insisted that most of the
board's work was administering 1000 miles of
INVESTMENT TAX CREDIT
The PRESIDING OFFICER. The
hour of 1 o'clock having arrived, the
Chair lays before the Senate the un-
finished business.
The Senate resumed the consideration
of the bill (H.R. 6950) to restore the in-
vestment credit and the allowance of
accelerated depreciation in the case of
certain real property.
ORDER OF BUSINESS
Mr. BYRD of West Virginia. Mr.
President, I ask unanimous consent, not-
withstanding the fact that the morning
hour has expired, there be a brief period
for the transaction of routine morning
business; and I ask unanimous consent
that statements during that period be
limited to 3 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
MESSAGE FROM THE HOUSE
A message from the House of Repre-
sentatives, by Mr. Bartlett, one of its
reading clerks, announced that the
House had passed the following bills, in
which it requested the concurrence of
the Senate:
H.R. 1574. An act for the relief of Bryce
A. Smith;
H.R.1670. An act for the relief of Dr.
George H. Edler;
H.R.4566. An act for the relief of Mary
F. Thomas;
H.R. 6167. An act to authorize the exter. -
sion of certain naval vessel loans now in
existence and a new loan, and for other pur-
poses; and
H.R. 8569, An act making appropriation for
the government of the District of Columbia
and other activities chargeable in whole or
in part against the revenues of said District
for the fiscal year ending June 30, 1968, and
for other purposes.
HOUSE BILLS REFERRED
The following bills were severally read
twice by their titles and referred, as in-.
dicated:
H.R.1574. An act for the relief of Bryce
A. Smith;
H.R.1670. An act for the relief of Dr.
George H. Edler; and
H.R.4566. An act for the relief of Mary
F. Thomas; to the Committee on the Judi.?
ciary.
H.R.6187. An act to authorize the exten.?
sion of certain naval vessel loans now in
existence and a new loan, and for other pure
poses; to the Committee on Armed Services.
H.R.8569, An act making appropriations
for the government of the District of Co..
lumbia and other activities chargeable in
whole or in part against the revenues oJ"
said District for the fiscal year ending June
30, 1968, and for other purposes; to the Com?
mittee on Appropriations.
OVAL OF INJUNCTION' OF SE-
CRECY FROM EXECUTIVE I, 90TH
CONGRESS, FIRST SESSION, THE
CONSULAR CONVENTION BE-
TWEEN THE UNITED STATES AND
FRANCE
T
LLER
ENERAL
rural roads. He said the city "couldn't care Mr. BYRD of West Virginia. Mr. A letter from the Comptroller General of
less" about county roads and rural residents President, as in executive session, I ask the United States, transmitting, pursuant to
would suffer if the city dominated the county unanimous consent that the injunction law, a report on need to strengthen controls
board. of secrecy be removed from Exe uti~ I ove u r vaccines in
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S 5465
90th Congress, first session, the Consular
Convention between the United States of
America and France, together with a
protocol and two exchanges of notes re-
lating thereto, signed at Paris on July 18,
1966, transmitted to the Senate today by
the President of the United States, and
that the convention, together with the
President's message, be referred to the
Committee on Foreign Relations, and
that the President's message be printed
in the RECORD.
The PRESIDING OFFICER (Mr.
GRUENING in the chair). Withoutobjec-
tion, it is so ordered.
The message from the President is as
follows:
To the Senate of the United States:
With a view to receiving the advice and
consent of the Senate to ratification, I
transmit herewith the consular conven-
tion between the United States of Amer-
ica and France, together with a protocol
and two exchanges of notes relating
thereto, signed at Paris on July 18, 1966.
The convention deals with the conduct
of consular relations between the two
countries and the functions, privileges,
and immunities of their respective con-
sular officers. It covers such important
matters as the obligations of the two
countries to insure free communication
between a citizen and his consul, to in-
form consular officers of the arrest or de-
tention of their citizens, and to permit
visits by consuls to any of their citizens
who are in prison. It covers consular
functions and responsibilities in such
fields as the issuance of visas and pass-
ports, and the performance of notarial
services. It provides for the inviolabil-
ity of consular communications, docu-
ments, and archives, and the obligation
of the host country to protect consular
premises' against intrusion or damage.
I recommend that the Senate give early
and favorable consideration to the con-
vention and give its advice and consent
to its ratification.
LYNDON B. JOHNSON.
THE WHITE HOUSE, April 19,1967.
EXECUTIVE COMMUNICATIONS,
ETC.
The PRESIDING OFFICER (Mr.
PEARSON in the chair), laid before the
Senate the following letters, which were
referred as indicated:
AMENDMENT OF MARKETING QUOTA PROVISIONS
of AGRICULTURAL ADJUSTMENT ACT OF 1938
A letter from the Secretary of Agriculture,
transmitting a draft of proposed legislation
to amend the marketing quota provisions of
the Agricultural Adjustment Act of 1938, as
amended (with an accompanying paper); to
the Committee on Agriculture and Forestry.
AMENDMENT AND CLARIFICATION OF REEM-
PLOYMENT PROVISIONS OF UNIVERSAL MILI-
TARY TRAINING AND SERVICE ACT
A letter from the Secretary of Labor, trans-
mitting a draft of proposed legislation to
amend and clarify the reemployment provi-
sions of the Universal Military Training and
Service Act, and for other purposes (with ac-
companying papers); to the Committee on
REPORTS OF COMP
RO
G
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S 5466 CONGRESSIONAL RECORD - SENATE April 19, 1967
the hog cholera eradication program. Agri- completed Interstate highways, and it is estl- "Whereas, the minority groups in the state
cultural Research Service, Department of mated that completion of our interstate sys- of Now Mexico have been economically and
Agriculture, dated April 1967 (with an ac- tern in New Mexico will result In one thou- educationally deprived and few of the young
companying report): to the Committee on sand eighty fewer accidents and two hundred men In these groups can afford to attend col-
Government Operations, fewer deaths annually: and lege; and
A letter from the Comptroller General of "Whereas, large segments of New Mexico "Whereas, without a college deferment
the United States, transmitting, pursuant to have been declared economically depressed from the draft, these men ire inducted into
law, a report on savings available to the Gov- areas with recent statistics disclosing that the (arced forces, or to avoid the draft, vol-
ernrnent through revision of the method of gain in per capita Income in our state Is the untear for other branches of the armed
supplying commercial rental cars, General lowest in the union, and curtailment or cut- forces; and
Services Administration, dated April 1967 back In highway construction has already "Whereas, New Mexico's largest minority
(with an accompanying report); to the Com- resulted in the discharge of hundreds of em- group consists of Americans of Spanish de-
mittee on Government Operations. ployees directly employed by the Industry scent and constitutes some twenty-nine per-
REPORT ON PROJECTS SELECTED FOR FUNDING and its suppliers with consequent reduced cent of the population of the state; and
UNDER THE WATER RESOURCES Rts Rcir ACT money flow, reduced tax revenue and a cha- "Whereas, approximately sixty-nine per-
or economic situation which Is certain to cent of all inductees from New Mexico are
1964 result; and of Spanish extraction; and
A letter from the Secretary of the Interior, "Whereas, the state of New Mexico has, in "Whereas, of fifty-eight New Mexicans
transmitting, pursuant to law, a report on the past, expended the maximum amount of killel in Vietnam during 1966, twenty-five
projects selected for funding under the Water available federal funds for highway construe- were Americans of Spanish descent;
Resources Research Act of 1964 (with an ac- tion and the imposition of the proposed cut- "Now, therefore, be It resolved by the Sen-
companying report) ; to the Committee on In- backs will cause a sixty-one percent reduc- ate of the State of New Mexico that the
tenor and Insular Affairs. tion of available funds in the last half of congress of the United Slates is requested
INCREASE OF APPROPRIATION FOR CONTINUING 1967, and moneys must be allotted for plan- to amend the draft laws to allow a more
WORK IN THE Mrssouat RrvER BASIN ning and preliminary engineering from the equitable selection from disadvantaged mi-
A letter from the Assistant Secretary of the remaining thirty-nine percent thus leaving nority groups; and
Interior, transmitting a draft of proposed e%en less available for construction with the "Be it further resolved that copies of this
legislation to increase the appropriation au- result that grave delays will be encountered memorial be sent to the speaker of the
thorization for continuing work in the Mis- along with the inevitable continued loss of United States house of representatives, the
sour( River Basin by the Secretary of the In- life and limb, together with increasing eco- president pro tempore of the United States
terior (with accompanying papers) ; to the nomic depression for the citizens of our state; senate and the New Mexico delegation to the
Committee on Interior and Insular Affairs. "Now, therefore, be it resolved by the Legis- United States Congress."
RE20RT ON EXTRAORDINARY CONTRACTUAL AC- lature of the State of New Mexico that the A joint resolution of the Legislature of the
'IONS To FACILITATE THE NATIONAL DE- president of the United States, the Honorable State of Colorado: to the Committee on Com-
Lyndon B. Johnson, is urged and implored to mere:
SENSE
immediately restore the cut-back in our New "SENATE JOINT MEMORIAL 9
A letter from the Assistant Secretary of De- Mexico highway fund allocations and to op- Memorial memorializing the Congress of
fer~se (Installations and Logistics), transmit- pose any other future reductions; and
Ling, pursuant to law, a report on extraordi- "Be it further resolved that a copy of this taime United committee a States to desiinvestigategnate the or ca appoint
ppoint
nary contractual actions to facilitate the na- memorial be transmitted to the president of discontinuance of contracts for
nails contracts
tional defense, for the calendar year 1966 the United States, to each member of the alon and onti railroads, for
(with an accompanying report); to the Corn- New Mexico congressional delegation, to the the and transportation mof resulting
r
mittee on the Judiciary. president of the United States senate, and
REPORT ON AUnrr OF FINANCIAL TRANSACTIONS to the speaker of the United States house of "Whereas, The post office department of
OF THE NATIONAL SAFETY COUNCIL representatives." the United States has pursued a systematic
A letter from the president, National Safety A resolution of House of Representatives program of replacing contracts for the trans-
Council, Chicago, in., transmitting, pursuant of the State of New Mexico; to the Corn- portatton of mail by the railroads of this
to law, a report on audit of the financial mittee on Agriculture and Forestry: nat on with contracts for the transportation
thereof by other means; and
transactions of that council, for the year 1966 "RESOLUTION "Whereas, The National Transportation
faith an accompanying report): to the Com "A house memorial relating to certain pro- Poi;cy of the Congress of the United States
mittee on the Judiciary. visions in the cropland adjustments pro- is to develop and preserve a national trans-
RFPORT ON THraD PREFERENCE AND SIXTH PRE.- gram and requesting consideration of por:atlon system by rail adequate to meet
PERENCE CLASSIFICATION FOR CERTAIN them by the Secretary of Agriculture and the needs of the commerce of the United
ALIENS the U.S. Congress States, of the postal service, and of the na-
A letter from the Commissioner, Immigm- "Whereas, the eighty-ninth congress of the tional defense: and
Lion and Naturalization Service, Department United States repealed the provisions of the "Whereas, One essential element for the
of Justice, transmitting, pursuant to law, soil bank program and enacted the cropland continuance of a sound, efficient rail system
reports on petitions approved according the adjustments program; and in this nation is economic stability, which,
beneficiaries of such petitions third prefer- "Whereas, the soil bank program provided in turn, is dependent on contracts for the
ence and sixth preference classification (with for participation of parts of farms, and the tra isportatton of mail; anI
accompanying papers); to the Committee on cropland adjustments program has been used "Whereas, Many railroads have been and
the Judiciary. for retirement of whole farms; and will be forced by economic necessity to cancel
Rr.PORT of ADVISORY COUNCIL ON STATE DE- "Whereas, the limited amount of money and eliminate many scheduled passenger
PARTMENT8 OF EDUCATION which the secretary of agriculture can now trans across the nation, thereby depriving
A letter from the Secretary of Health, Edu- expend on reserving farm acreage has re- many areas of this nation of year-round
cation, and Welfare, transmitting, pursuant suited in Inequitable participation in the transportation and mail facilities, as a direct
to law, a report of the Advisory Council on crupland adjustments program: res-alt of the discontinuance of such mail
Slate Departments of Education, for the fiscal "Now, therefore, be it resolved by the House contracts; and
year ended June 30, 1966 (with an accom- of Representatives that the secretary of agri- "Whereas, The economic well-being of
ponying report); to the Committee on Labor culture and the United States congress are thousands of citizens and of hundreds of
and Public Welfare, respectfully requested to consider a more communities is being e:idangered by said
A artment thus
e
t
PETITIONS AND MEMORIALS
Petitions, etc., were laid before the
Senate, or presented, and referred as in-
dicated:
By the PRESIDING OFFICER:
A resolution of the Legislature of the State
of New Mexico; to the Committee on Public
Works:
"RESOLUTION
"A joint memorial requesting the President
of the United States to restore the cut-
back and to oppose any future reduction
in New Mexico highway fund allocations
"Whereas, highway safety is of vital con-
cern to New Mexico Citizens, and official state
fijures disclose that an estimated one hun-
dred two lives have been saved on already
p ,
o I
equitable method of participation for pro- program of the pos
ducers in the cropland adjustments program further increasing the manifold problems of
by apportioning the farm lands held in re- tho President and of the congress in the
::erne in such manner as to provide for current'War on Poverty'; and
wider distribution of the benefits; and 'Whereas, In times of emergency, the
"Be is further resolved, that copies of this railroads are looked to and expected to pro-
memortal be sent to the secretary of agricul- vide safe, dependable transportation for the
ture, the speaker of the United States house nation and its citizens, and of Its mail, when
of representatives, the president pro tempore other methods are ineffective; and
of the United States senate and to the NeW "Whereas, Previous efforts of the General
Mexico delegation to the United States Assembly of the state of Colorado and inter-
congress." ested citizens of this st=ate have failed to
A resolution of the Senate of the State of eli.tt any efforts by the post office depart-
New Mexico; to the Committee on Armed aunt to correct the problems resulting from
Services: th', cancellation of contracts for the trans-
"SENATE MEMORIAL 28 portatlonof mail by rail; now, therefore,
"A memorial requesting the Congressof the "Be It Resolved by the Senate of the Forty-
United States to amend the draft laws Firth General Assembly of the State of
to allow a more equitable selection from Colorado, the House of Representatives con.
disadvantaged minority groups curring herein:
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