JOURNAL- OFFICE OF LEGISLATIVE COUNSEL, THURSDAY - 29 JANUARY 1970

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP72-00337R000300040018-3
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 33
• Document Creation Date: December 12, 2016
• Document Release Date: March 11, 2002
• Sequence Number: 18
• Publication Date: January 29, 1970
• Content Type: NOTES

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CONFIDE
Journal - Office of Legislative Counsel
Thursday - 29 January 1970
Page 4
13. (Unclassified - GLC) Received a call from Miss Dexheimer,
in the office of Senator Edward Brooke (R., Mass.). She was interested in
receiving Nigerian press summaries for the period beginning with the fall
of Biafra to the present. After checking with F5X1A
I advised Miss Dexheimer that the materials are being prepared and would
be delivered to her as soon as they were available. 25X1A
cc:
ER
0/DDCI
Mr. Houston
Mr. Goodwin
DDI
DDS
DDS&T
OPPB
EA/DDP
Item412 - CI Staff
JOHN M. MAURY
Legislative Counsel
CONFIDENTIAL
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SECRt
JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Monday - 26 January 1970
1. (Confidential - GLC) Guy McConnel, on the staff of the
Senate Appropriations Committee, called on behalf of Bill Woodruff
and asked if the Director could brief the combined Senate CIA Sub-
committees this Wednesday or Friday, 28 or 30 January. I later
advised Woodruff that Wednesday was a National Security Council
meeting day but that the Director could adjust his schedule in order
to give the briefing on Friday. Woodruff subsequently confirmed this
for 10:30 a.m. Friday, 30 January, and said the invitees (Senators
Fulbright, Mansfield and Aiken) would be included. He said the
briefing would be the usual world wrap-up, covering the Soviet and
Chinese missile threats and such "hot spots" as the Middle East,
Vietnam and Laos. He also said that we should be prepared to discuss
Bolivia.
2. (Secret - GLC) Accompanied Mr. Carl Duckett, DDS&T,
to a briefing of Senator Henry M. Jackson (D., Wash.) and Miss Dorothy
Fosdick and Mr. Richard Perk, of the Senate Subcommittee on National
Security and International Operations staff, on Soviet and Chinese missile
programs. Senator Jackson was present for approximately one hour and
15 minutes of the two hour session. After Senator Jackson's departure,
Mr. Perle asked if he could be provided with documentation on the SALT
talks. Mr. Duckett suggested that he first try former contacts in the
Department of Defense (specifically Johnny Foster).
Senator Jackson took me aside and talked with me about
who is presently working for the Air Force in New
Mexico and who is interested in Agency employment. The Senator gave
me a copy of resume and a Form 57. We are to look into em-
ployment possibilities for and be back in touch with the Senator.
SECRE)
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JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Friday - 23 January 1970
1. (Internal Use Only - GS) Received a call from Miss
Diane McCormick, in the office of Representative Ken Hechler
(D., W.Va.), who requested an employment interview for Mr.
After checking with in
the Office of Personnel, I advised Miss McCormack that an
appointment has been scheduled for this afternoon at 3:30.
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2. (Confidential - GLC) Called George Murphy, on the
staff of the Joint Committee on Atomic Energy, and told him that
the article in Sunday's New York Times about the Soviets distorting
maps was essentially accurate and that I would discuss this in greater
detail with him the next time I saw him.
3. (Secret - JMM.) Met with Messrs. John Blandford and Frank
Slatinshek, Chief Counsel and Counsel, House Armed Services Committee,
whom I briefed on:
a. recent developments re SS-9 and SS-11;
b. increased infiltration rates in Vietnam;
c. Libya's problems in training pilots and maintenance
personnel for new French aircraft;
d. fact that Agency had no solid information re MyLai
incident;
e. our understanding of reorganization going on among
defense intelligence agencies.
Blandford expressed concern that we "had been caught flat-footed"
by the Libyan coup (see Memo for Record).
4. (Secret - JMM) Met with Ed Braswell, Senate Armed Services
Committee staff, whom I briefed on recent developments regarding Soviet
SS-9 and SS-11 tests and North Vietnam infiltration trends.
Braswell said that Senator Stennis was anxious for a roundup
briefing by the Agency prior to hearing from the Defense Department
on 18 February. Braswell said that main interest would probably center
on Soviet ICBM deployment, MRV testing, and the implications and
prospects of the SALT talks.
S4c4r-7-1
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SECRET
JOURNAL
OFFICE OF LEGISLATIVE COUNSEL
Wednesday - 7 January 1970
1. (Internal Use Only - GS) Received a call from Barbara
Wallace, in the office of Representative Howard Robison (R., N.Y.),
25X1A who requested an employment interview for 25X1A
After checking with in the Office of Personnel, I
advised Barbara Wallace that an appointment has been scheduled for
this afternoon at 2:00.
2. (Unclassified - JMM) In response to a request from
25X1A Sy Friedin, in the office of Senator Thomas J. Dodd (D., Conn.),
regarding now in Washington
I told Mr. Friedin that we know something about this man but would
prefer not to become involved directly. I suggested that he seek informa-
tion from the State Department, the FBI and the Immigration and
Naturalization Service. Friedin said Senator Dodd had become quite
interested in the case, suspected that was up to no 25X1A
good, and would undoubtedly follow up with inquiries to Secretary Rogers,
Mr. DeLoach of the FBI, and Mr. Farrell of INS. Friedin said he
would let me know the results of these inquiries.
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3. (Secret - JGO) Met with Mr. Richard N. Perle, on the
staff of the Subcommittee on National Security and International
Operations, Senate Government Operations Committee, and updated
his security clearances. Appropriate documentation was completed.
Mr. Perle noted in passing that he and Miss Fosdick will be working
with Senator Henry Jackson (D., Wash.) and the Armed Services
Special Committee on SALT.
4. (Confidential - JGO) Returned to Miss Lorena Daddario,
in the office of Senator Edward Kennedy (D., Mass.), the original
letter from Dr. Held to the Senator concerning reduction of certain
support of Hungarian refugee activities in Paris. This letter was
forwarded by the European Desk, Department of State, for return to
the Senator's files. (See Journal item of 5 January.)
SECRET
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March 10, 1970 CONGRESSIONAL RECORD? SENATE
Harriet T. (O'Brien) Stevens of Dallas, texas,
who since their marriage in 1877 'had ac-
companied him during many travels on the
frontiers and had shared the hardships of
his upward climb as well as its compensat-
ing features.
Mrs. Stevens knew her husband's Capacity
and had always encouraged hith in accepting
greater tasks. She promptly replied, "Ever
since you left Maine in 1874 you have been"
training yourself for this, the greatest engi-
neering project; in the world, and now it is
offered you. Please telephone at once and
tell the Secretary that, you Will accept." This
ended Stevens' reluctance, and President
Roosevelt appointed him as chief engineer
of the Isthmian Canal Commission, effective
July 1, 1905.
Before departing for the Canal Zone, the
_new Chief Engineer visited Oyster Bay, Long
Island, to see the President, who described
affairs on the Isthmus as being in a "devil
of a mess." Stevens understood the difficul-
ties likely to be encountered, but felt
thoroughly competent to handle the situa-
tion. However, to avoid any possibility of
later misunderstanding, he outlined to
Roosevelt the conditions of his acceptance:
That he was to have a "free hand in all
matters"; that he was not to be unduly
hampered by any authority, "high or low";
and. that he would remain with the project
until, in his own judgment, its success or
failure was determined.
The President approved these terms and
directed Stevens to communicate about the
project directly with him rather than
through routine channels. When Stevens
pointed out that such procedure might re-
sult in conflicts With the War Department,
Roosevelt waved this point aside, stating that
everyone there knew his views.
Then, to impress his desire for action,
President Roosevelt told the story of the
man of sudden wealth speaking to his newly
employed butler: "I' don't know in the least
waht you are to do?but one thing I do
know, you get busy and buttle like hell."
Arriving with Chairman Shonts at Colon
on July 25, 1905, Chief Engineer Stevens
found a most desperate condition indeed,
with general disorganization in the canal
work, and with employees "scared out of
their boots, afraid a yellow fever, and afraid
of everything." The only thing that had
kept many on the Isthmus was lack of
transportation to go home. In fact, more
employees returned to the United States on
the ship that carried Stevens to the Canal
Zone than had been brought there on it.
At a ,conference Of high officials the same
evening on the spacious veranda of Governor
Charles E. Magoon's home in Ancon on .the
Pacific side of the Isthmus, attended by the
Governor., Chief Health Officer. William C.
Gorges, and Chairman Shonts, Chief Engi-
neer Stevens correctly estimated the most
urgent needs: housing and feeding of em-
ployees, sanitation and health, recreation
and Morale, and an adequate and revitalized
organization. Within the short period of one
week Stevens correetly *appraised the overall
situation and decided what to do,;
rebaili-
tate and doigole track ,parts of the Panama
Railroad, whl-cti` bk:Then described .as a
"phantom railroad,"?atblish commissaries
for all employees, build a hotel, the Tivoli,
place available labor on housing and sani-
tary work; design proper track levels in Cul-
ebra Cut and a rail, transportation system
for the disposal of spoil in mass excavation,
and organize the forces for construction.
Stevens' .extensive experience In comparable
situations in frontier aims of the United
Stats enabled him to form needed judgments
accurately and quickly.
Stopping all unnecessary canal construc-
tion activities, he sent excess men to the
United States, informed that they would be
notified when to return. Others were placed
on immediate necessities. Having previously
accepted the mosquito theory of disease
propagation, Stevens became an ardent sup-
porter of Colonel Ciorgas in health and sani-
tation matters.
A man of imposing stature and command-
ing personality, then 52, Chief Engineer
Stevens tramped the entire length of the
Canal Zone viewing the various works and
observing the topography. Walking with the
energy of youth, he radiated the confidence
of the natural leader. Often speaking to em-
ployees, he told them that there were only
three diseases on the Isthmus: "Yellow fever,
malaria, and cold feet; and the greatest of
these was cold feet."
Prior to the appointment of Stevens, Pres-
ident Roosevelt had designated an Interna-
tional Board of Consulting Engineers of 13
members to consider and oinmend the
question was an-
seriously handicapped.
ent ahead with the excava-
a Cut, which work would be
atter what the decision, and on
plans, which he wished to have
anticipation of whatever verdict the
ment might each.
porting to the President on January 10,
, this engineering board split. Eight
mbers, including five Europeans, 'voted
?r the sea-level type; and the five remain-
g members?all Americans?for the high-
1-vel-lake and lock type. The' minority re-
p? which reflected the views of Chief En-
gine evens, was prefaced by Alfred Noble,
a disting d American member of the
International - ?
Meanwhile, on Isthmus, Stevens
thoughtfully examined ignificant angles
affecting the question of t . - Though ini-
tially inclined on first arriva oward the
popular idea of a sea-level can he ap-
proached the solution of the proble.. objec-
tively. Interpreting the topography i the
light of operational and navigational n ds,
as well as engineering and construction pr
lems and the hazards involved, he decid
for the high-level-lake plan with the Atlan
tic terminal dams and locks at Gatun, an
the Pacific terminal dams and locks in one
group at Aguadulce?a hill south of Mira-
fibres. This was essentially the plan origi-
nally presented in 1879 by the French engi-
neer Adolphe Godin de Lepinay, the origi-
nating and forgotten genius of the basic plan
for the Panama Canal as eventually con-
structed.
In a special message to the Congress o.
February 19, 1906, transmitting the re.. t
of the International Board, President Ro..e-
velt summarized its main points but stro gly
supported the high-level-lake plan. in-
vited special attention to the fact t the
chief engineer, who will be main esponsi-
ble for the success of this ml y engineer-
ing feat, and who has therefore a peculiar
personal interest in judging aright, is em-
phatically and earnestly in favor of the lock-
canal project and against the sea-level proj-
ect."
When testifying at Congressional hearings
in Washington in January 1906, Stevens ad-
vocated the high-level plan with a conviction
that no one could shake, and voiced his
determined opposition to the sea-level idea.
But one appearance as a witness by this
engineering leader was not enough.
In June he was again called to Washington
and led in the historic debate. Testifying
before committees of the Congress, prepar-
ing' refutations to statements by sea-level
advocates, and drafting addresses for Sena-
tor Philander C: Knox, Chief Engineer Ste-
vens faced the great crisis of his canal career.
He went to Roosevelt for assistance but
discovered that the President had become
lukewarm in his stand. As one who believed
in the vigorous handling of superiors as well
as subordinates, Stevens talked to him like
a "Dutch uncle." Roosevelt was again con-
vinced and thenceforth stood behind Stevens
like a brick.
type of canal. Until
swered, Stevens
Nevertheless,
tion of Cu
useful no
altern t
ready
Gave
19
? II
"art- ---
S 3355
In the end, With the strong support of the
President, Secretary of War Taft, and the
Isthmian Canal Commission, the plans of
Chief Engineer Stevens prevailed. In an act
approved June 29, 1906, the Congress adopt-
ed the high-level-lake and lack plan. That
was the great dedision in building the Pan-
ama Canal that made its success passible.
It is no wonder that the statesmanlike ac-
tions of Stevens won the admiration of in-
formed and experienced engineers on the
Isthmus!
Regardless of what may have been urged
at the time as to the merits of the so-called
sea-level design, the existing Panama Canal
was constructed substantially in accordance
with the plan recommended by Stevens, ap-
proved and accepted by the President and
the Congress. It has proved an eminent suc-
cess in both peace and war. The transit
since opening the canal on August 15, 1911
through June 30, 1968 of 403,230 vessels of
various types of all nations, with just tolls
measurably reflecting the costs of construc-
tion, maintenance, operation, sanitation, and
protection, completely establishes the wis-
dom of the 1906 decision. Moreover, in addi-
tion to its strategic value for national and
hemispheric defense, the Panama Canal has
been of incalculable benefit to world ship-
ping and to the great ports of our country
that serve such shipping. Moreover, the
Canal Zone has been an island of stability
in an area notorious for endemic revolution
and endless political instability.
The day after approving the act of the
Congress as to type, June 30, 1906, President
Roosevelt showed his confidence in Stevens
by appointing him as a member of the
Isthmian Canal Commission in addition to
his position as Chief Engineer. His star was
ascendant.
Unfortunately, the minority report, fol-
lowing previous French studies, provided for
the construction of the Pacific locks in two
sets, separated by the small intermediate-
level Miraflores Lake. Instinctively recogniz-
ing this division of locks as a serious error
in operational design, Stevens, early in 1906,
had recommended to Chairman Shonts in
Washington the combination of all Pacific
Locks at one location. But he did not present
this well-founded proposal with the detailed
functional justification required to secure
the attention it merited, Nor had there been
any ship-transit experience in the canal upon
which to base such justification.
Returning to the Isthmus on July 4, 1906,
Stevens resumed studies of the Pacific lock
situation. A month later, on August 3, he ap-
proved a plan for placing all Pacific locks in
one group of three lifts, south of Miraflores
with the terminal dam and locks between
two hills, Cerro Aguadulce on the west side
of the sea-level section of the Canal, and
Cerro de Puente on the east. This location
would have provided the same lock arrange-
ment at both ends of the canal, avoiding a
traffic choke at Pedro Miguel, enabling un-
interrupted summit-level navigation from
the Atlantic locks to the Pacific, and supplied
a lake-level traffic mobilization anchorage at
the Pacific end of the canal to match that at
the Atlantic end?a plan identical with the
original conception of De Lepinay, afterward
urged by Colonel William L. Sibert, a mem-
ber of the last Isthmian Canal Commission.
At that time, however, Stevens was under
great pressure to start construction. Oppo-
nents of any canal at all were seeking some
means to delay the enterprise. Advocates of
the sea-level idea, stung to the quick by their
defeat In, the Congress, were set, ready to
strike at any change in the approved pro-
gram as indicating weakness in the high-
level plan of Stevens. These two forces to-
gether represented a political and economic
power that he could not safely Ignore.
In the light" of subsequent events, it is
indeed regrettable that Steven's foundation
studies for the consolidation of the Pacific
locks, which were necessarily made in great
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S 3356 CONGRESSIONAL RECORD -- SENATE Mar(th, 10, 1970
haste, preyed unsatisfactory. He did not dare
to jeopardize the project by further delay.
Still confident, however, that this important
question would rise again, he voided his Plan
twenty days later, on August 23, 1906, mark-
ing it, "not to be destroyed but kept in this
office," and proceeded with the plan for sep-
arating the Pacific locks as approved by the
minority of the International Beard of Con-
suiting Engineers.
Many years later, as a result of World War
II experience, there Was developed in the
Panama Canal organization, following the
suspension in May 1942 of the 1989 Third
Locks project then under construction, what
proved to have been the arst comprehen-
sive plan for the major increase of capacity
and operational improvement of the Canal
as derived from marine operations, known
as the Third Locks?Terminal Lake Plan.
Submitted to higher canal authority it at-
tracted immediate attention and quickly won
approval by the President as a post-war proj-
ect.
Published as a technical paper in the Feb-
ruary 1947 issue of the Proceedings of the
American Society of Civil Engineers the
Third Locks?Terminal Lake proposal, be-
cause of its inherent logic and "compara-
tively low cost," has had a wide appeal BA
the proper form for increasing the capacity
of the Panama Canal. Moreover, it has been
strongly supported in the House and Sen-
ate.
Let us now return to events of 1906. Presi-
dent Roosevelt, after the great decision as
to type of canal had been made, was free to
visit the Isthmus as he had long wished to
do. Under an itinerary prepared by Ciller
Engineer Stevens, Roosevelt's visit in the U.S.
Canal Zone and to the Republic of Panama,
November 14-17, 1906, masks a highlight
In Isthmian history?the first tine any Presi-
dent of the United States had set foot on
foreign soil.
In January 1907, in the midst of a caesis
over construction contracts, Chairman
Shouts, after receiving an offer to head a
large transportation merger in New York,
resigned effective March 4, 1907. News of this
produced another sensation on the Isthmus.
All promptly looked to Stevens RS their nat-
ural leader and a man of destiny. But even
he had been hard pressed for many months
protecting the interests of the canal proj-
ect. Realizing that he had brought order
out of chaos, that all basic decisions had been
made, that he had formed an effective or-
ganization for completing the canal, and that
construction was well underway, Stevens felt
his creative mission had been fulfilled and,
on January 30, 1907, wrote his resignation to
the President, expressing his desire to re-
turn to railroad work. To his close associates,
however, he revealed his disgust and irrita-
tion at Washington officialdom, government
red tape, and frustrations.
Of two civilian chief engineers, the first
had left after one year's service and now the
second was planning to leave after two years.
The canal could not be satisfactorily con-
structed with such frequent changes in en-
gineering leadership. Roosevelt acceded to
Steven's request but, determined to secure
continuity in direction, said "I propose now
to put it in charge of men who will stay on
the job till I get tired of having them there,
or till I say they may abandon it."
He selected Major George W. Goethals, an
outstanding engineer officer of the Army as
Steven's successor, and reorganized the Canal
Commission, effective April 1, 1907. The other
engineering members were Majors William
L. Sibert and David D Gaillard, and Rear
Admiral Harry H. Rousseau, a former chief
of the Navy's Bureau of Yards and Docks.
Col. William C. Gorges, the great sanitarian,
who had come to the Isthmus from Cuba
in 1904 and had been appointed a member of
the commission on recommendation of Ste-
vens, was also named. Two civilian members,
Jackson Smith and J. C. S. Blackburn, were
later succeeded by Coionel H. P. Hodges and
Maurice H. Thatcher, the latter afterward
becoming a distinguished member of the
Congress, after whom the Thatcher Ferry
Bridge across the Pacific end of the Pan-
ama Canal is named.
Notwithstanding the resignation of Ste-
vens, President Roosevelt, in recognition of
his tremendous contributions, on March 4,
1907, appointed him Chairman of the Isth-
mian Canal Commission, making Stevens the
first to hold both positions of Chairman and
Chief Engineer. It is noteworthy that nei-
ther this reorganized commission nor its
predecessor included members experienced
In navigational cperattons.
Stevens planned to leave the Isthmus on
April 7, 1907, when the employees arranged
a mammoth farewell reception at Colon at-
tended by many throughout the Canal Zone
and from the Republic of Panama. In ad-
dressing the throng, he gave generous credit
to his predecessor, John F. Wallace, for the
organization that Stevens had inherited. He
revealed that two years previously, on tak-
ing charge, he was almost as overwhelmed
by the vastness of the preparatory work to
be done as had been the President. He added
that "until Colonel Gorges had lifted the
dark cloud which the unsanitary conditions
placed over the work," he was doubtful of
success.
Appealing to the men as their friend to
take their "little differences and complaints"
to Chief Engineer Goethals and not to Wash-
ington. Stevens predicted that the canal
would be open to traffic by January 1, 1915.
That was a very close estimate indeed, for it
was opened on August 15, 1914..
As evidence of the esteem in which he was
held canal employees presented Stevens with
two bound volumes containing 10,000 signa-
tures requesting him to reconsider his resig-
nation and remain, a gold watch, a diamond
ring, and a silver table set, The last included
a tray showing the completed canal. Stevens
was greatly moved by the exceptional demon-
stration. He knew that it marked the end of
an outstanding chapter in his career.
Long before the departure of the S. S.
Panama, full-dressed in honor of her distin-
guished passenger, the largest crowd since
United States occupation of the Canal Zone
gathered on the pier. At noon, the Isthmian
Canal Commission band, which Stevens had
established in 1005, played Auld Lang Syne.
The Panama slowly left her dock and headed
toWard the sea, amid the cheers of the spec-
tate:yrs and whistles on vessels in Limon Bay.
Stevens, standing at the rail with his young
son, John F., Jr.,. looked on, pale and sad.
After returning to the United States,
Stevens continued his upward climb in the
railroad industry,, becoming one of the most
distinguished railroad officials of the Nation.
In 1917, after United States declaration of
war against Germany, he went to President
Wilson in search of an active assignment in
the war. As Russia was then an ally and in
urgent need of competent railroad advisers
In connection with its war transport prob-
lems, the availability of Stevens was timely.
Appointed as Minister Plenipotentiary and
Chairman of the United States Railway Mis-
sion to Russia, he undertook the difficult
tasks involved in operating and improving
It- rail systems. Later, from 1919 to 1923. he
was president of the Inter-Skilled Technical
Board supervisieg Manchurian Railroads.
In these positions, he observed the start
and early years of the Communist revolution.
Aocurately assessing the tremendous scope of
that world conspiracy, he was among the first
responsible observers to alert leaders in the
United States as to its significance and dan-
gers, among them his friend, Ira E. Bennett,
distinguished editor o:? the Washington Post,
Returning home in 1923, Stevens later be-
came president of the American Society of
Civil Engineers, and received many honors,
including the John Fritz Medal for great
achievements. He died at Southern Pines,
N.C., in 1943, at the age of 90, keen in mind
to the end.
The significance of Stevens' canal contri-
butions, though substantially obscured for
a time, has gained stature with the years and
has been recorded in authoritative writings.
He rescued the project from probable dis-
aster; assembled a major part of the plant
and organized the engineering and construc-
tion forces, planned the main features of the
waterway and brought about the great deci-
sion for the high-level-lake and lock type
canal, launched the enterprise into the era
of major construction, and guided the work
until its success was a certainty. He clearly
foresaw the necessity for a major change in
the Pacific lock arrangement, for which he
developed a plan. Subsequent studies of canal
operations, in both peace and war, have
established that this plan would have sup-
plied the best operational canal practicable
of economic attainment--striking evidence
of the high quality of his insight. It is no
wonder that the United Slates in 1962 hon-
ored the memory of Stevens at the scene of
one of the great chapters of his career by
the designation of Balboa 'a principal traffic
circle as 'Stevens Circle.' having at its center
a monument inscribed with Goethals' words,
'The Canal Is His Monument."
A man of eminent 'OSUMI whose great gifts
were hasnessed to practicality, Stevens, by
his genius and industry, became the greatest
construction engineer in American history,
His tremendous services can now be viewed
in historical perspective. They establish him
as the basic architect of tne Panama Canal.
BIBLIOGRAPITY
Du Val, Captain Miles P. Jr. And the
Mountains Will Move: The Story of the
Building of the Panama Canal. Stanford
University, Calif.: Stanford University Press,
1947.
Isthmian Canal Policy---An Evalua-
tion U.S. Naval Institute Proceedings (An-
napolis, Md.) Vol. 81 (Mar. 1955), pp. 263-76.
"Panama Canal." Encyclopaedia
Britannica (Chicago, Ill.), Vol. 17 (1969), pp.
205-12.
Flood, Hon. Daniel J., Isthmian Canal Pol-
icy Questions (H. Doc. NO. 44, 89th Cong.,
2d Sess.) Washington: U.S. Government
Printing Office, 1966.
Sibert, William, William L.,' and John F.
Stevens. The Constructiom of the Panama
Canal. New York: D. Appleton & Co., 1915.
Stevens, John F., An Engineer's Recollec-
tions. New York: McGraw-Hill Publishing
Co., 1936.
Stevens, John F., "The Truth of History."
History of the Panama Canal; Its Construc-
tion and Builders. Ed. Ira E. Bennett, Wash-
ington, D.C.: Historical Publishing Co., 1915;
pp. 210-24.
Roosevelt, President Theodore. Message to
the Congress Recommending the High Level
Lake and Lock Type Canal as designed by
John F. Stevens, February 19, 1906.
Roosevelt, Theodore. "Monroe Doctrine
and Panama Canal." Theodore Roosevelt?
An Autobiography. New York: Charles Scrib-
ner's Sons, 1920.
SENATOR BROOKE URGES PRESI-
DENT TO POSTPONE MIRA?' DE-
PLOYMENT
Mr. BROOKE. Secretary Seamans
has testified today that the United
States will begin deployment of the
Minuteman III MIRV system in June of
this year. The continued momentum de-
ployment of this potentially destabiliz-
ing technology is highly disturbing. It
could have the most unfortunate conse-
quences for the impending SALT nego-
tiations.
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CONGRESSIONAL RECORD -- SENATE S 3357
I do not know how the Soviet Union
will react to the United States continued
efforts on this program but it is unlikely
that they will abandon their own multi-
ple warhead technology?the technology
which poses the gravest threat to the
deterrent--if our own country has
deployed such systems.
There is no military justification for
deployment of the U.S. MIRV on the
timetable originally planned. The heavy
Soviet defenses which it was designed to
Penetrate do not exist and could not be
Installed in the immediate future. In the
interests of serious diplomacy and stra-
tegic stability, the United States has
every reason to stretch out MIRV de-
ployment.
We should refrain from premature
commitment to weapons which add not
to our security but only to the comPlexity
of arms control. In a nuclear age genu-
ine security must ultimately rest on mu-
tual restraint, not mutual recklessness.
The tragic drift toward deployment of
these dangerous weapons highlights the
urgency of prompt Senate action on the
resolution proposing a joint Soviet-
American moratorium on MIRV testing.
Unless a moratorium of this type is
adopted in the coming months, continued
testing of MIRV systems will surely lead
to accurate counterfOrce weapons which
will threaten the land-based missiles on
which both countries depend so heavily.
Forty-three Senators have cosponsored
this proposal and I profoundly hope that
the Committee on Foreign Relations will
quickly report this vital resolution. It is
essential that the Senate offer its counsel
to the President on this matter.
I urge the President to postpone this
unwise deployment. Such a postpone-
ment could afford time to explore con-
trols over MIRV tests and deployment
when the SALT talks resume next month.
Coupled with other strategic arms limi-
tations, these controls would be of in-
estimable value to world peace and
security. Delaying MIRV deployment
while these issues are examined; will in
no way jeopardize the national interest.
I pray that the President will delay
MIRY deployment in order to preserve
the maximum opportunity for the dis-
cussions at Vienna to bear fruit. No de-
cision of his presidency will be more
momentous.
ABA'S POLITICAL OBJECTIONS TO
THE GENOCIDE CONVENTION
CARRY LITTLE WEIGHT
Mr. PROXMIRE. Mr. President, when
the Committee on Foreign Relations
considered the Genocide Convention in
1950, the opposition of the American Bar
Association was of sufficient importance
and weight to induce the committee to
shelve the convention. The ABA's strong
objection to ratification 20 years ago was
based on its consideration of the consti-
tutional issues involved. The weight and
prestige of the ABA in constitutional
matters was so great that not only did
the Senate committee put aside further
consideration of the convention, but the
committee also let it be known that it
was reluctant to reconsider the issue
until the ABA shifted its position,
So, Mr. President, the Genocide Con-
vention has remained in obscurity in the
backroom of the Foreign Relations
Committee for the last 20 years waiting
for that moment when a shift in the
ABA's position accompanied by a posi-
tive message from a new President
strongly endorsing ratification would
again bring it to life.
Hope for reconsideration of the Geno-
cide Convention was reborn when Secre-
tary of State Rogers asked Attorney
General Mitchell for his views. The At-
torney General, a strict constitutional
constructionist, indicated to the Secre-
tary of State that he found no objections
to American ratification. Secretary of
State Rogers thereupon sent the Geno-
cide Convention to the White House urg-
ing the President to support and endorse
It.
Shortly thereafter President Nixon
strongly endorsed the Genocide Conven-
tion. He stated that '75 other nations had
already ratified it, and that from the
viewpoint of international prestige and
moral leadership it was essential for the
United States to ratify it as soon as
possible.
I was confident that the strong back-
ing of the President and his closest ad-
visors in the areas of foreign affairs and
domestic-constitutional law would over-
come any remaining hesitation that
might still exist in the American Bar As-
sociation. My confidence that the ABA
would resoundingly reverse its 20-year-
old opposition was heightened by the
fact that those very divisions of the
association intimately concerned with
questions of criminal, constitutional, and
International law all strongly came out
' in support of ratification.
By a slim four vote margin, though,
the ABA failed to reverse itself and
failed to endorse the Genocide Conven-
tion. The association rejected the advice
of its own constitutional, criminal, and
International law experts such as Solici-
tor General Erwin Griswold and former
Attorney General Nicholas Katzenbach.
But, unlike 1950, the ABA's objections
were no longer based primarily on con-
stitution or legal grounds. Even an op-
ponent of the convention, who had for-
merly opposed it on a constitutional
basis, stated at the ABA's February meet-
ing that he now agrees that Human
Rights Conventions can properly be the
subject of treaties.
This time, the ABA's prime concern
on the Genocide Convention was its po-
tential impact on certain groups?for
example, Vietnam POW's, the My Lai
perpetrators, OT the Black Panthers and
other dissident groups here at home.
What is significant is that the ABA's
newfound concern is essentialy political
and emotional. It is not legal, and it cer-
tainly is not constitutionally based.
Mr. President, while I may have dis-
agreed with the Senate's reluctance to
take up the Genocide Convention in the
past, I have at least been able to under-
stand the Senate's deference to the
ABA's legal and constitutional objec-
tions. The ABA has great expertise and
influence in this area, and it is possible
to see why the ABA's position has been
accorded considerable weight.
?
But the ABA is no longer basing its
main objections solely on these grounds.
It has ventured outside its area of ex-
pertise, and into the political arena. Of
course, I do not question its right to do
this. But I do question whether its opin-
ion in the political sphere should be
treated with the type of deference it has
been accorded in the past.
Mr. President, where political judg-
ments are to be made, the arbiter should
be U.S. Senate. For advice, the Senate
can be expected to turn to the Chief Ex-
ecutive, and his Attorney General, and
his Secretary of State. These offices have
now come out squarely for ratification of
the Genocide Convention. These are the
views that should count; not those of the
ABA.
I sincerely hope the Foreign Relations
Committee will keep this in mind when
hearings are held on the Genocide Con-
vention?hopefully in the near future.
OUR ENVIRONMENT: WE CAN SAVE
IT?SPEECH BY SENATOR EAGLE-
TON
Mr. MUSKIE. Mr. President, the jun-
ior Senator from Missouri (Mr. EAGLE-
TON) has been a valuable addition to the
Subcommittee on Air and Water Pollu-
tion since he came to the Senate a year
ago. He has quickly become a leader in
the battle to protect our environment.
One of Senator EAGLETON'S most valu-
able contributions to this effort has been
his understanding of what is needed to
turn back the tide of pollution and decay
in America: money. There is no substi-
tute for a strong and lasting financial
commitment. In a speech which the Sen-
ator delivered at the Kansas City Press
Club last month he made this point very
well. "Both government and private
purse strings must be loosened?now." I
commend to the Senate Senator EAGLE-
TON'S analysis of the needs of our pro-
grams to protect and enhance the quality
of our air, our water, and our land. I
ask unanimous consent that his address
be printed in the RECORD.
There being no objection, the speech
was being ordered to be printed in the
RECORD, as follows:
OUR ENVIRONMENT: WE CAN SAVE IT
(By Senator THOMAS F. EAGLEroN)
Throughout history man has struggled
against his environment, seeking to with-
stand nature's often capricious destructive-
ness and to harness the elements where pos-
sible and make them work for him.
Over the centuries we succeeded well at
this vital game, learning to live in a some-
times uneasy but always respectful peace
with our surroundings.
Man, with his intelligence, has more often
been the user than the used, but nature
always retained its mastery, bringing flood
and drought, hurricane and tornado, at will.
But 20th century, technological man, un-
like his forebears no respecter of nature has
changed all that?hopefully not irrevocably,
although we do not know.
Man is now beating his age-old rival?not
consciously or fairly, not by direct attempts
to control natural forces for some good pur-
pose, but accidentally, indirectly, by the side-
effects of a consumer-oriented technology
that didn't think or care about what its gar-
bage was doing to the elements on which we
all depend for life.
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S 3358 ,CONGRESSIONAL RECORD ? SENATE March 10, 1970
You need only look around. America the
Beautiful is rapidly becoming America the
Noxious. We are the richest, most industrial-
ized nation in the world. Befitting that lofty
position, we produce one-half the world's
industrial pollution?and a vast amount of
human pollution. rt is visible everywhere:
In the choking, brownish smogs that hover
over our cities, blotting out what used to be
blue skies. They are the visible part of the
172 million tons of smoke and fumes our
factories "produce" every year, combined
with the exhaust fumes from our 83 million
cars, which alone are responsible for 60%
of urban air pollution.
In the clogged highways?to build which
we pave over 1,000,000 acres of oxygen-pro-
ducing trees annually?and the even more
packed auto junkyards, into which we dis-
card 7 million cars each year.
In our once-beautiful rivers, lakes end
streams, filled with human and industrial
waste-50 trillion gallons of the latter an-
nually. We all know that few of our water-
ways are fit for humans to swim in. Many
of them are no longer fit for fish, either?
more than 15 million fish were killed by
water pollution last year. Or, for that matter,
for the forms of aquatic plant life that keep
waterways "living." As I am sure you know,
ecologists say that Lake Erie is turning into
a Dead Sea?aging long before its time?
because the phosphates and nitrates dumped
into it by municipal sewage plants and de-
tergent manufacturers, as well as unre-
stricted agricultural wastes, have killed the
plant life, which deprives the lake of oxy-
gen and therefore fish, and allows weeds to
take over. They predict it may turn into a
swamp.
That's Lake Erie, not just some neighbor-
hood fishing hole. It doesn't sound possible?
but it is more than that. It is a fact.
The litany of dolAul examples is virtual-
ly endless. So are the statistics: 28 million
tons of waste paper, 48 billion used cans, 28
billion battles each year.
You know the problem as well as I do.
You only have to go outside and take a deep
breath, or try to taste the drinking water
in a glass through the chemicals needed to
purify it.
The heartening thing is that the problem
has finally been recognized?by the air-
breathing, water drinking public?for the
immense and serious one that it is. And a
growing body of ecologists, with people lis-
tening at last, is capable of painting out the
dangers and showing ways to surmount them.
There is one essential component in the
answer to the urgent question of how to re-
verse this dangerous path we have been fol-
lowing: Money. We must spend enough mon-
ey on research, facilities and the enforce-
ment of stringent anti-pollution standards
to clean up our air and water. Anything less
would be ineffective tokenism.
And the American people have made it
clear that they don't want tokenism?they
want clean air and clean water and more
space for recreation and the removal of eye-
sore junkheaps. They know the cest will be
heavy. They know they will have to bear that
cost themselves, both as taxpayers and as
consumers.
I think we are ready, as a nation, for a
victory over pollution. While the anti-pol-
lution field is new, the "start of the art" in
terms of the necessary technical know-how
is quite advanced in some fields.
Cement plant emissions, for instance, can
be controlled almost entirely. The know-how
is there. Only the will?or the public-gen-
erated demand?to spend the money is lack-
ing among some cement plant owners. Elec-
tric power plants are among the worst indus-
trial air polluters. Their dangerous emis-
sions, toe, can be controlled by existing anti-
pollution devices, at the cost of only an extra
few cents a month on our electricity bills.
Most of the federal legislation needed to
fight pollution is :already on the books,
thanks almost entirely to Senator Edmund
S. Muskie, who authored the 1963 Clean Air
Act, the 1965 Water Quality Act, the 1967
Air Quality Act and now has legislation
pending to improve the existing laws. He is
the leading pollution authority in the Senate
and my eyes have been opened by serving on
the Air and Water Pollution Subcommittee,
which he chairs.
Now President Nixon has joined the pollu-
tion light. His environmental message to
Congress Tuesday was welcome?it's good to
have the White House with us.
I must point out that nearly all of the
President's proposals either are contained in
existing law or are logical extensions of ex-
isting law. Most of the new things he said
are already embodied in pending legislative
proposals introduced early this year by Sena-
tor Muskie. A few of his proposals were
brand new and innovative and merit further
study, but generally these relate Men:Weer
improvements, rounding off tIonrdiagh edge%
so to speak, although his prdposal that lead
be removed from gasoline was important and
worthwhile.
I cannot overempluseize that what is really
needed to make a:W.-pollution legislation
work?whether it be icurrent or new legisla-
tion?is the commit] ' ent of sufficient money.
This is what is, mean when we speak of pri-
orities?we must co mit more to environ-
mental control, adral'etedly at the expense
of other programs. '
The federal govern.m t is going to have to
make good on its promi s to help local gov-
ernments pay for secofldar and tertiary sew-
age treatment facilities.
Also, government and the ablic combined
are going to have to pressur eluctant in-
dustry to stop fouling our air axM,our water.
Industry must be made to acce the fact
that it must treat as a cost of do1fi busi-
ness its anti-pollution devices to clea up
smokestack emissions and fluid wast?
which means, of course, that this extra cos
will be passed right along to the consumer
in the form of higher prices. A bitter pill to
swallow? Perhaps, but I am convinced the
public has decided it would rather swallow
this than the kind of air it has been swallow-
ing in recent years.
We must be discriminating in the way we
apply the necessary funds to the problems,
for the solutions to them differ markedly.
Let me sketch the major pollution areas
briefly, one by one.
Water Pollution.?The President's recom-
mendations for river basin plans, regional
treatment facilities, effluent standards, court
action for the violation of standards, revi-
sion of enforcement procedures and exten-
sion of standards to navigable waters are con-
sistent with proposals made by Senator Mus-
kie earlier. I think all of these are geod.
What we also need is a great deal more fed-
eral money. Sen. Muskie has proposed spend-
ing $12.5 billion in the next five years as the-
federal one-half share for building $25 mil-
lion in municipal waste treatment facilities.
President Nixon has proposed $10 billion
over the next four years, only $4 million fed-
eral and $6 million local. He recommends $1
billion for fiscal 1971., This Is five times what
he was satisfied to spend only one year ago
when the popular appeal of pollution issues
had not reached its present intensity. But
it is still well below the $1.25 billion which
Congress has already authorized for water
pollution control in fiscal 1971.
Air Pollution?The Air Quality Act of 1967
was a mechanism for combatting air pol-
lution on a regional basis with the federal
and state governments acting as partners.
Under the Act, 57 Air Quality Control Re-
gions?covering the nation's major air pol-
lution problem areas?will be established.
These regions are meeting the timetable of
the seat by setting regional emission stand-
ards, and this year some of them, including
Missouri's two regions, will take the final
step by setting their implementation plans
detailing enforcement procedures.
I think the Muskie regional concept is a
sound approach, and I think it will work.
President Nixon has raised the question of
national ambient air quality standards. His
proposal is extremely ambiguous, but dif-
ferent formulas to accomplish this have been
studied in the past and found severely want-
ing. If his proposal is a means of assuring
early and equitable air pollution control, I
am for it. If his proposal is a back-door at-
tempt to eliminate public participation in
determining the quality of air people will
breathe, I am against it.
We need research to step up our techno-
logical capacity to stop pollution of our
air. For fiscal 1970 Congress appropriated
$45 million for research, but the President
has asked for only $27 million for fiscal 1971.
I think his sense of urgency is lagging.
The problem of enforcement of air pollu-
tion standards on a smokestack-to-smoke-
stack basis is far too great a task for the fed-
eral government to try to cope with. That is
one more reason I believe in the regional ap-
proach advocated by Sere Muskie. But the
federal government needs to provide more
grant money to regional air conservation
commissions to acquire the know-how and
manpower to set proper emission standards
and enforce them if the job is to be done.
The Nixon proposal for stiff court fines for
violators is a good one--and one which has
been already proposed by Senator Muskie.
There are two other types of air pollution
I think should be handled in different way.
The first is auto pollution, responsible for
the majority of urban smog. When Detroit
said recently it would take 10 years to fully
develop the technology to make an emission-
free internal combustion engine, I have to
say I was astounded.
I have much more faith in the techno-
logical capability of the big auto makers
than that. I think they can do it in much
less time?with the proper encouragement.
his is a case where stringent national emis-
sikn standards set by Congress will be neces-
-and on a strict timetable of. achieve-
men if HEW will not force the issue it-
self. e President has now moved properly
in th1I area and HEW is setting a tougher
timeta e of compliance with federal stand-
ards.
Consu4ners can be of inestimable help here,
too. Thei must demand ears that do not
pollute . . and accept, responsibility for
keeping 4hem that way.
AlreadLr it may be too late. Most of the
cars but t without anti-tiollution devices in
1969? s sold by the milli-tens?will still be
polluti g the air a decade from now, even
if cle -exhaust cars arc then the norm.
A e are toughening regulations on
cape we also should be regulating trucks and
_euses, as anyone who has ever waited behind
'a bus for a traffic light to change well
knows.
Then there are emissions from jet planes?
which the Nixon message failed to mention.
The admnistration apparently does not want
any any legislation to be written giving HEW
affirmative power to regulate Jet emissions,
as I found out in an Air and Water Pollu-
tion Subcommittee hearing I participated in
last week.
Administration witnesses said they pre-
ferred to go by the current voluntary com-
pliance agreement they have reached, appli-
cable to about half of the commercial jet
planes. This would have the effect of re-
moving 70% of all visible jet pollution from
engine smoke by 1972.
But here again the state of the art is not
advanced. The voluntary agreement will do
nothing about other, invisible, jet exhaust
pollutants such as nitrous oxide and hydro-
carbons because no way has yet been found
to remove them and keep jet engines run-
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March 3 1970
families from moving out of the neighbor-
hood? If we do either, who decides who
moves, who stays?
The example, of course, is fanciful. We do
none of this. No one has had the political te-
merity to propose a law that would send sol-
diers to pick people up and move them, or to
block the way and prevent them from mov-
ing. No one stands up and says this is the
moral thing to do.
Stated thus baldly, the immorality of do-
ing such things is perfectly clear. No one
thinks it moral to send policemen, or the
National Guard bayonets in hand, to corral
people and force them into a swimming pool,
or a public park or a cocktail party when
they do not wish to go.
No one pretends this is moral?for all
that anyone may deplore people's prejudice?
because everyone can see that to do this
is to make of our society a police state. The
methods, whatever the differences in intent,
would be no different from the tramping
boots of the Communist, Nazi or Fascistic
police states.
All this being fanciful, no one proposing
such things, it may seem we have strayed
far from the school integration program. But
have we?
The essence of that program is that we
have tried to apply to our schools the meth-
ods we would not dream of applying to other
parts of society. We have forced the chil-
dren to move.
There are many things wrong with the
forcible transfer of children from school to
school to obtain the "proper" racial mix. It
is, for one thing, wasteful of time, energy
and money that could better be applied to
Making all schools better.
To this practical objection there is also
the fact that in concept it is arrogant. The
unspoken idea it rests upon is that black
children will somehow gain from putting
their black skins near to white skins. This
is the reverse coin of the worst segrega-
tionist's idea that somehow the white chil-
dren will suffer from putting their white
skins near to black skins.
Both are insolent assertions of white supe-
riority. Both spring from the same bitter
seed.
Still, the practical difficulties might be
surmounted. The implied arrogance might
be overlooked, on the grounds that the al-
leged superiority is not racial but cultural;
or that, further, both whites and blacks
will gain from' mutual association. That still
leaves the moral question.
Perhaps it should be restated. It is moral
for society to apply to children the force
which, if it were applied to adults, men
would know immoral? What charity, what
compassion, what morality is there in forcing
a child as we would not force his father?
It is a terrible thing to see, as we have
seen, soldiers standing guard so that a black
child may enter a white school. You cannot
help but cringe in shame that only this
way is it done. But at least then the soldiers
are standing for a moral principle?that no
one, child or adult, shall be barred by the
color of his skin from access to what be-
longs to us all, white or black.
-But it would have been terrifying if
those same soldiers had been going about'
the town rounding up the black children
and marching them from their accustomed
school to another, while they went fearfully
and their parents wept. On that, I verily be-
lieve, morality will brook no challenge.
Thus, then; the abyss. It opened because
In fleeing from one moral wrong of the past,
for which we felt guilty, we fled all unaware
to another immorality. The failure is tragic
because in so doing We heaped the burdens
upon our children, who are helpless.
MUST WE TURN BACK?
Does this mean, as many men of good will
fear, that to recognize as much, to acknowl-
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CONGRESSIONAL RECORD ? SENATE S 2831.
edge the failure of forced integration in the
schools, is to surrender, to turn backward
to what we have fled from?
Surely not. There remains, and we as a
people must insist upon it, the moral im-
perative that no one should be denied his
place in society, his dignity as a human be-
ing, because of his color. Not in the schools
only, but in his livelihood and his life. No
custom, no tradition, no trickery should be
allowed to evade that imperative.
That we can insist upon without violating
the other moral imperative. So long as he
does not encroach upon others, no man
should be compelled to walk where he would
not walk, live where he would not live, share
what company he would shun, think what
he would not think, believe what he believes
not.
If we grasp the distinction, we will fol-
low a tragic failure with a giant step. And,
God willing, not just in the schools.
ADDRESS BY THE VI
BEFORE TRUNK A
As Supreme Court Justice Hugo L. Black
cautioned in 1966:
"Once you give a nervous, hostile and ill-
informed people a theoretical justification
for using violence in certain cases, it's like
a tiny hole in the dike; the rationales rush
through in a torrent, and violence becomes
the normal, acceptable solution for a prob-
lem. . . . A cardinal fact about violence is
that once initiated it tends to get out of
hands. It's limits are not predictable."
A corollary conclusion is . . . violence
rewarded breeds further violence and per-
petual violence ultimately produces a brutal
counterreaction.
Civil disobedience, at best, is a dangerous
policy, since it opens the path for each man
to be judge and jury of which laws are un-
just and may be broken. Moreover, civil dis-
obedience leads inevitably to riots, and riots
condoned lead inevitably to revolution. This
is a clear and present danger today.
f ded in the rights bestowed
Justice s oun
by nature upon man. Liberty is maintained
T in the security of justice." These two sen-
tences are inscribed on a wall of the Justice
Department building in Washington. I do
not believe the first sentence is true.
I doubt that justice is founded in the
rights of nature, because we know that na-
ture is not always just. Each generation of
youth discovers the beauty of nature anew
and is stunned by the magnitude of it, per-
haps to the extent of confusing beauty with
justice. Yes, nature is beautiful. But it can
also be brutal and predatory.
We might ask what justice exists in the
jungle where carniverous animals devour the
weak and gentle? What justice is there in life
where disease often cripples and kills the
young and good?
What we regard as justice today does not
1 exist by virtue of nature, but by the free will
of mankind. Justice began the day we re-
jected the nature of savages and started
something called civilization. Civilization
progressed as we challenged and contested
'th the bestiality in ourselves. It advanced
we began to conquer the natural forces
e, flood, famine and disease.
do not believe that natural rights or
rights Or even legislated rights can
without sufficient definition and
n under a judicial system;
long as we have free will, so long
mpt to separate right from wrong,
ntributors to our own destiny or
doom.
ural or human right is enforceable
a civil right. It is only when society
ledges it as a right and backs It by
t ower of the state and the respect of
the judge has passed sentences, and the apa---
majority of its responsble citizens that
peal procedure has begun. that right exists.
This trial served as the stormy footnote to If we consider the time it has taken civili-
the turbulent 1968 Democratic National zation to progress from primitive savagery to
Convention. The trial itself should have sophisticated jurisprudence, we realize some
tested the constitutionality of the 1968 Civil amazing facts. Five hundred million years of
Rights Act. I say should have because that evolution preceded the present state of civili-
issue may have been obscured by the con- zation. Barely 2,500 years have passed since
test of personalities and a script written for the early laws of Moses and Hamurabi estab-
drama rather than the administration of lished the foundations of justice. Only seven
justice. centuries ago, the ,Magna Carta produced
I do not intend to comment on the con- the principle that a nation and its leaders
would "deny justice to none, nor delay it."
So those who condemn civilization for not
having moved fast enough are wrong. At the
same time those who would be complacent
are just as wrong. A look at Nazi Germany,
Communist China or Castro's Cuba proves
that ten centuries of civilized progress can
be destroyed overnight.
If civilization is still a veneer, then civil-
ized justice clearly requires constant, tender
and protective care. Out of progress have
come some painful lessons. We have learned
that there must be a fraraework for justice.
In America, the Constitution provides the
ground rules for freedom, justice and order.
The Constitution establishes basic rights and
in doing so imposes corresponding responsi-
TUSK CLUB
Mr. GOLDWA . Mr. President, last
week it was the easure and honor of
the Trunk and sk Club, a Republican
fundraising or nization, to have had
the Vice Presi nt of the United States,
SPIRO AGNEW, ddress them.
This speech vered the legal and eth-
ical questions f the Chicago trial. It
was so well do that I would like to
afford Senators e opportunity of re-
viewing it. I ask un imous consent that
the speech be printe 'n the RECORD.
There being no objec ,the address
was ordered to be printed he RECORD,
as follows:
ADDRESS BY THE VICE PRESIDEN
The gathering here in Phoenix, Arise
is a partison one. We can be justly prou
of our partisanship for President Nixon has
accomplished much in the past year.
It is tempting?and indeed it may be fit-
ting?to give a partisan speech before a par-
tisan audience. Tonight, however, I would
like to forgo that temptation and talk to
you and all Americans about a national
problem.
I refer to calculated assaults on our last
bastion of individual rights, the administra-
tion of justice.
The trial of the Chicago Seven?or eight,
as the original docket read?has now been
concluded. The jury has reached its verdict,
No
hums
flouris
protecti
For
as we a
we are
our OW
No
except
ackn
duct of the trial nor the finer points of leiW.
The point is not what these particular men?
judge, advocates, defendants and specta-
tors?did in this particular time. What is
significant is what disruption does at all
times to the system of justice.
I contend that if our courts are not sanc-
tuaries of dispassionate reason we cannot
have justice. We cannot have social or civil
progress. Emotional demonstration and guer-
rilla theatre must end at the court house
door. The rights of petition and assembly
do not extend into the halls of justice al-
though they are appropriate when lawfully
exercised outside. Within the courtroom, dis-
sent must be orderly and supported by logic.
The rule is persuasion, not intimidation.
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S 2839 CONGRESSIONAL RECORD ? SENATE March 1976
bilitles. The Constitution also establiehe
representative government empowered
enact laws and Courts which may rule
them.
Laws may conflict with other ?laws
with constitutional rights. Constitutio
rights supersede laws. The Courts alone
resolve these contlicts. They stand indepe
ent of all other branches of governm
Federal court judges are appointed for
to secure their personal independence fr
past, present and future influences. Sodi
has encased its courts in these protect
layers because it values justice. Justice
pends on dispassion and compassion as w
a knowledge of the law. But passion has
ilace in the courtroom. flaw passion
never% contributed a thing to the admin
ration of justice.
Nor has pressure. The citizens of this ecu
ry are free to pressure Congress. They m
etition and parade and pretest before t
President. They may howl and yowl and
ur patience. But when they move open
ellion into the court room, they remo
rein our midst all hope of justice.
The case of the Chicago Seven proves t
oint: The trial could have provided a signi
cant test of the constitutionality of the 19
ntiriot law.
As it happened, the outrageous courtroo
onduct totally obfuscated the constitution
uestion. Instead of a clear test of law
aw a perverse display of arrogance, vilific
ion and childish braggadocio.
The Chicago Seven were not interested
the Constitution nor in improving just'
Defendant Abbie Hoffman said, "this tri
isn't about legal niceties. It's a battle b
tween a dying culture and an emergi
one."
Except for one traumatic lapse, the Civ
War, our culture has peacefully evolved f
181 years at an almost revolutionary spee
We have moved from a concept of "Mm
ie
faire liberty" to a recognition that liber
requires continuous care. We have leterne
that it is not enough to say all men a
equal and all enterprise, free. We must as
sure equal opportunity and secure fair pla
During the course of this century alon
we have restricted the "anything go
liberty," which led to robber barons an
watered stock: which permitted monopoli
and prevented labor unions We have ad
vanced individual liberty by providing social
security, unemployment insurance, collective
bargaining, medicare and medicaid. We have
struck dawn laws giving sanction to dis-
criminatory practices We have witnessed an
unprecedented?and some feel exceseive?
protection of individual liberties. Moreover,
and perhaps more importantly, we have en-
acted laws affording equal opportunity where
the motivation was humanistic and conmas-
aonate, not legalistic.
This peaceful revolution has, to a great
extent, been the product of our courts. The
Courts are the operating rooms of freedom
where cancerous invaiiions of individual and
group rights are excised by trained judicial
surgeons so that the patient?our free
society?can survive. And while the operation
is performed on an antiseptic atmosphere,
the patient does not remain in quarantine. He
returns to everyday life strengthened and
inore vital.
Our courts de not need lectures from self-
appointed social critics. They do not need
the antics of the guerilla theatre. They do
not need lawyers who confuse themselves
with disciples of a new cult. They do -need
skilled advocates to be catalysts to the cause
of justice and reporters who have not prede-
termined the guilt or innocence of the ac-
cused.
The Courts have been put above and be-
yond the rough and tumble for a reason. The
Judioial branch does not represent a majority
nor a minority, but all society past, present
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S 5.
ti
on
and
nal
can
oda
ent.
life
am
ety
ive
de-
ell
no
has
is-
0-
ay
he
tax
re-
ye
his
ft-
68
in
al
we
a
in
ce. Today s revolutionary has both of these
al rights. But lacking a constructive purpose,
e_ he finds no logical way to bring others to his
ng point of view. So he engages in destruction
for the sake of relieving his frustration with
H. himself.
Or The founding fathers proposed a positive
a. system of government . . the most superb
z_ social organization in human history. Today's
ty radical thought is solely negative and nihilis-
d tic in Content,
re Those who advocate revolution and those
Who encourage them pervert the ideals of
y. our founding fathers and distort the facts.
Those who smash windows and seize uni-
es ? versity buildings destroy by their injustice
whatever justice their cause ever had.
es If we confuse those people with legitimate
political minorities, we do a cruel disservice
to every minority group in this country.
If we romanticize the revolutionary's role
in present America, we diminish the efforts
of every responsible, conscientious citizen.
If we capitulate before their terroristic
tactics, we endanger the fabric of our free-
dom.
We stand at an extraordinary moment in
our nation's :history-ea moment which de-
mands nobility from ordinary men.
We are challenged to exercise calm in the
face of moral outrage.
We must enforce the law with dispassion
and disregard the provocation of passion.
We must distinguish the mob from the
minority and not find any minority guilty
for the sins of a mob.
We must not tolerate abuse nor violence
eay a mob yet conterme to assure the rights
of petition and public assembly.
These are formidable challenges for hu.,...
mans without inexhaustible patience, In a
time of incessant confrontation, it is all too
easy to begin to hate. It is all too effective
to initiate repressive measures. Yet, if we
fall prey to hate and repression, the mob
has won. Destroying a mob is relatively easy:
the difficulty lies in not destroying our-
selves.
One of the wives of the convicted Chicago
defendants said, "we will dance on your
graves." We cannot let this happen anymore
than we can permit our court rooms to be-
come circuses; our campuses, bedlams; our
streets, battlegrounds.
and future. Elected officials in the Executive We are not going so retreat to Dark Age
and Legislatve branches are directly respon- repression and we cannot go forward to en-
sible to their eleetorate, they are subject to lightenmertt without sanity and reason.
pressure. The Judiciary is independent. The So we are going to stand our ground with
Supreme Court is responsible to its own con- patience and dignity
science and to posterity. The Courts are a The months and years ahead will not he
bastion in defense of individuals and minor- easy. But no one has ever said that freedom
ities. But decisions are made to favor the was easy. And I am confident that our cul-
majority not the minority but to fairly in- ture will emerge stronger and wiser for the
terpret the Constitution and laws of the test.
United States. Confrontation is not novel to our citizens.
The case of the Chicago Seven concerns only its form is new. We have faced dictators
neither the rights of the majority nor the before . . . only they had foreign accents
minority, it concerns the right of society Now we face an enemy within, and, as
to be protected against a mob. It points once Abraham Lincoln said: "If destruction be
again to the dangerous confusion between a our lot we must ourselves be its author sea
minority and a mob. A responsible minority finisher. As a nation of freemen we must live
has rights and any law-abiding political ml- through all time, or die by suicide."
nority has the right under our Constitutional Ladies and gentlemen, suicide is alien to
system to persuade our people to make it the American spirit. Ours is the spirit of
a majority. John Paul Jones; wi "have not yet begun
A mob represents neither a political ma- to fight."
jority nor a minority. A mob is a mob?un-
ruly, mindless, passionate, inchoate, coercive
and oppressive. It .represents only a dangerou.
threat to democracy, individual civil right
and progress. It invites tyranny and re
pression.
Today's left-wing extremists like to invok
the revolutionary principles of our nation'
founding fathers as their precedent. Ther
is no parallel. That. is the New Left's Bi
Lie.
The founding fathers rebelled against
system which deprived them of the righ
to be represented and the right to dissent
THE ..NEGOTIATIONS--PROS-
s PEE"LEOR LIMITING THE ARMS
- RACE
? Mr. SYMINGTON, Mr. President, re-
? cently Mr. Boris Yarochevsky, corre-
e spondent for the Soviet Union Tass news
g agency interviewed me here at the Capi-
tol and I took the liberty at that time to
a give him my thoughts about the possi-
t bilities of improved relationships between
his country and the United States.
In view of the objective reporting of
my statement, I ask unanimous consent
that the Tass news story be inserted at
this point in the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
STATEMENT BY SENATOR SY1VCINGTON
(By Tess Correspondent B. Yarochevsky)
WASHINGTON, February 20.?The idea about
the need to establish control over arms race
is gaining ground among the wide circles of
U.S. public and is ever stronger supported by
U.S. Congressmen.
Senator Stuart Symington gave an inter-
view to a Tass correspondent in which he
commented on the strategic arms limitation
talks between the Soviet Union and the
United States that will be resumed in. April
in Vienna. Senator Symington said that these
talk provide an excellent opportunity to
start tackling the problem on which the
destiny of entire mankind largely depends.
If we fail to stop the dangerous and costly
race of missile and nuclear armaresnie, 4' -?
history might not give us another such
chance he said.
We pin great hopes on the talks with the
Soviet Union, Symington said. If further and
even more dangerous spiralling of the arms
race is prevented, more funds, efforts of the
bast scientists and material values will be
given to the improvement of life of our peo-
ples and the solution of the problems facing
mankind.
The Senator said that the talks in Vienna
must provide basis for she improvement of
relations between the peoples of the Soviet
Union and the United States, must help re-
move distrust and suspicions. The fact that
every one of the two countries can destroy the
other binds us to approach the program of
arms limitation with complete responsibility
and with the awareness of its importance for
the destinies of our peoples and entire man-
kind.
ENVIRONMENTAL QUALITY
Mr. SCOTT. Mr. President I always felt
that the fight for environmental quality
must be a cooperative venture. Citizens,
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CONGRESSIONAL RECORD ? SENATE S 2833
all levels of gvoernment, and private in- pollution abatement to Armco isn't just a attack the pollution problems of the future
?
dustry mug retognize the Problems and couple of nine-letter words.
instead of sitting on its abatement laurels.
work hand in hand to solve them. Armco They're fast becoming a very large reality. For example, Armco now has a special sec-
A reality that had already cost Armco over tion of research and technology devoted to
Steel Corp. with large plants in Penn-
sylvania has shown a willingness $97 million by the end of the 1960's. To elimi- fundamental studies in pollution abatement.
to nate all existing sources of pollution will A new process for separating waste oils
move forward. I ask unanimous consent require an additional $50 million, that was developed in this laboratory is now
to reprint in the RECORD the attached A reality which commands the talents of being successfully used in full-scale oper-
letter from Mr. C. William Verity, Jr., engineers, research scientists and operating ation.
president of Armco Steel Corp., and ex- employees working around the clock to cor- When Armco engineers design any new
cerpts from Armco's booklet describing rect old prOblems and make sure we don't facility, they automatically build in ample
its pollution control efforts. create new ones. Consistent with Armco's pollution controls. No more clean-up and
There being no objection the material
policy, all new facilities will be built with add-on.
the best available air and water pollution Armco scientists devote themselves to p01-
was ordered to be printed in the RECORD, abatement equipment. lution problems far in the future. Take noise
a Wordsworth said, ". . . and 'tis my belief pollution. Instead of building, then correct-
that every flower loves the air it breathes." tog inherent noise problems our scientists
It is our belief that you and your family and engineers are striving to design noise-
and their families for generations to come free facilities.
should be able to breathe the air they love. Then there's the problem of by-products.
DEAR SENATOR SCOTT: The spotlight of na-
Washington, D.C. BUTLER WORKS Today the disposal of solid residue is a con-
tional publicity has created increased public A remarkable example of the tendency of tinuing operating cost, but research is under-
way to develop means of reusing some of
awareness of the serious problems of air and man to pollute his environment was found in these by-products to help defray a part of
Water pollution. But the picture is not all the earlieSt existence of the Grecian city of
dust and dirt, smog and grime. Troy. Archeologists say that the people of the cost of pollution abatement.
One of the steel industry's remaining un-
Armco and many other companies have Troy merely dropped their food scraps on the solved pollution headaches is that of periodic
been qnietly meeting and solving pollution floor (bones and everything else apparently)
emissions of gas and smoke from coal coking
problems for years. Armco is committed to and went on living on top of them. Gradually
clean water and clean air at all of our opera-
the floor level rose and eventually the door operations. The company is working with
tions. We are sincerely proud of our accom- government to develop reliable control tech-
cemed public official, to know where we
would not open. Their solution? They merely other steel companies, universities and the
plishments and would like you, as a con- adjusted the door.
Armco's pollution abatement started 40 niques to solve this difficult operating prob-
I . Control devices will be added to all
stand as we enter the 1970's, years ago at the Butler, Pa., Works. As early
Armco coke plants as soon as such devices
1929 the lant safety pumped mill waste 1 ed
as follows:
ARMCO STEEL CORP.,
Middletown, Ohio, February 18, 1970.
Hon. FrUGH SCOTT,
tl .S. Senate,
Since we launched our accelerated air and
water pollution control program in 1964,
Armco has invested about $75 million in
equipment to improve our environment. Sev-
eral of our major plants are now virtually
pollution-free. By the end of this year or
early in 1971 every Armco Steel plant will be
operating new facilities to control air and
water quality.
Our efforts in this important fight are now
gaining increasing national recognition. A
few days ago the National Society of Pro-
fessional Engineers selected the air and
water pollution systems at our Middletown,
Ohio Works as "one of the outstanding engi-
neering achievements of 1969."
,
to large settling basins. An acid neutraliza-
tion plant came along in '37 and a second We've about reached a point in history
pickle liquor treatment facility was installed in which our society will deny any group,
in 1943. steel company, motorist, city sewage plant
In 1953, management authorized an ex- or homeowner the right to threaten our en-
perimental water clarifier that served as the vironrnent.
forerunner of many of today's modern clarifi- As the Armco Policy on Pollution Abate-
cation techniques. merit states, with support from legislative
At the start of the '70's, Butler Work's six bodies, private groups and you?it is real-
old open hearth furnances are part of the istic to hope for improvement, and to dream
dusty past. of a day when our lakes and rivers and skies
In October, 1969, Butler began operation of are clean again.
a modern electric furnace shop. The new, Whatever needs to be done, it's clear that
bright blue shop is complete with high a major clean-up has started. The immediate
energy scrubbers which wash dirt particles challenge, we believe, is not only to stop
pollution from becoming worse as both
population and industry continue to grow,
but to roll it back.
It is our belief that you and your families
should be able to enjoy the earth you've in-
herited.
At Armco, pollution is out. Clean air and
water are in. You have our pledge.
rom me air.
Enclosed is our new booklet which con- Very clean air, however, often results in
tains a progress report and our commitment very dirty water. So Butler engineers literally
? to bring our share of industrial pollution had to move mountains to make room for the
under full control, second of three water clarification units.
We would be happy to have your corn- Engineers whacked the tops off a couple of
ments, suggestions and support in this chal- good sized Pennsylvania hills before they had
lenging, costly, but vital long-range effort, room to locate their electric shop and new
Sincerely, anti-pollution equipment.
Btu, VERITY. All-in-all, the effort Butler Works has put
_ ? into pollution abatement has underwritten
, ARMCO STEEL CORP. the future of the lush, green country that
There was a time when clear-water creeks surrounds the plant and nearby Conneque-
block f fr h nessing Creek. As of November 1969, this
MENTAL HEALTH OF CHILDREN
Mr. RIBICOFF. Mr. President, the
board of trustees of the American Psy-
breath of air were taken for granted In this plant ranked among the cleanest industrial chiatric Association have recently
an a walk
country. - plants in the world, pledged full support for the thoughtful
No more. "Unsafe for Swimming" warnings AMBRIDGE WORKS and far-reaching conclusions contained
and dust-stained sidings are becoming signs The Ambridge, Pa., Works is located on the in the Report of the Joint Commission on
of the times. banks of the Ohio River where the river defies
What went wrong? Nothing?and every- common knowledge and flows north. North,
ting. We just found that we could live a that is, before it starts winding its way 1,000
whole lot better If the things we need could miles to the south, bound for the Gulf of
be mass produced. That resulted in the in- Mexico. of American Psychiatry the trustees give
dustrial revolution. Ambridge Works hasn't really ever had to their "enthusiastic approval and support
Smoke-filled skies were once a sign of worry about population. The smoke that once of the spirit and principles underlying
prosperity. Now they're a sign of destruc- rose from a lone power plant stack was the findings of the Joint Commission on
tion. As a result, millions of Americans are brought under control in 1962 by a "dry Mental Health of Children."
the Mental Health of Children which was
published in 1969.
In the February issue of the Journal
now concerned With the pollution prosperity cyclone" dust remover.
built. Water problems were eliminated from the As one who supported the formation
This booklet is a progress report that was plant two decades ago. Today, water that and work of the Joint Commission and
created to show you how one company? isn't cleaned and recirculated is allowed to is committed to implementing its major
Arrric0?has set about to analyze and correct settle clear, then skimmed free of oil before recommendations, I am encouraged and
its part of the growing Problems of air and being allowed to flow back into the Ohio? heartened by the trustees' statement.
, With the full consultation and assist-
water pollution. well above state standards for water purity.
We're proud 611 the distance we've come, There are now no polution problems at Am-
and we're determined to continue this cost- bridge. ance of many interested persons, we are
ly and difficult job until we can report that THE FUTURE now preparing a program to implement
pollution at Arm.co has been licked. But what of the future? In nature there's the major recommendations of the Joint
There is still a lot of work to be done. But neither reward nor punishment?just con- Commission report to estEtblish a nation-
we feel it's important that you realize that sequences. Armco therefore, has chosen to al child advocacy system. As a result, I
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S 2834 CONGRESSIONAL RECORD SENATE March 3, 1970
hope to introduce legislation on this sub- orities of equal emphasis: 1) the provision of primarily limited to pediatric assistance
JeCt in the near future.
comprehensive services to ensure the main- Also, our day care centers, as presently con-
Mr. President, the excellent statement tenance of the health and mental health of ceived, are inadequate to meet the needs of
of the eri Psychiatric Association all children and youth; 2) the provision of children under five because, of their relative
Is worthwhile reading for everyone. I ask all needed remedial services for all children divorcement from the interplay of child and
in trouble?the mentally Ill, the delinquent, family. A new mechanism, a new "thing,"
Unanimous consent that it appear at this
point in the RECORD. the mentally retarded, and other handl- something that might be titled "child and
capped children and youth; and 3) the estab- family development center," is needed to en-
There being no objection, the state- liehment of a highly structured advocacy sure the availability of comprehensive health
merit was ordered to be printed in the system at every level of government to ensure services, including not only pediatric care
RECORD, as follows: that the first two goals are in fact realized but also genetic counseling, child neurology.
and sustained.
Posraml STATEMENT ON CRISIS IN' CHILD child psychiatry, obstetrics, gynecology, and
MENTAL HEALTH: CHALLENGE FOR THE 1970's, In our view the Commission's program is related services.
THE FINAL REPORT OF THE JOINT COMMIS- thoroughly in accord with the American tea- We also urge?as the Commission has not--
SION ON MENTAL HEALTH OF CHILDREN dition and, in our affluent society, is eco- that the newly developing community men-
nornically feasible. If such a program were tal health centers be viewed as a major po-
(This statement was approved by the to capture the imagination of the American tential resource for the delivery of services to
Board of Trustees of the American Psychi-
atric Association on December 12, 1969, upon people and their leaders, its gradual imple- children. Indeed, we believe that provision
mentation would bring about desperately for such services should be specifically added
recommendation of the Association's Task needed changes in the quality of American to the present five requirements of cornmu-
Force on the Report of the Joint Commis- life and would, in due time, vastly strengthen nity mental health centers in their regula-
sion on Mental Health of Children, COM- the nation's resolve and capacity to deal tions governing federal funding of such cen-
prised of: J. Cotter Hirschberg, M.D., Stanis- with its awesome problems. Adoption of the ters.
lam Szurek, M.D., Milton E. Senn, M.D., goals and the intent of the recommends- In projecting the kinds of needs that must
Kent Zimmerman, M.D., Exie Welsch, MD., tions would, In the Commission's own words, be met in a total network and continuum of
Richard S. Ward, M.D., Walter E. Barton. "rekindle the spirit of generosity, ce- mag- services, we would have them structured
M.D., anti Robert L. Robinson, ex officio nanirnity, of neighborliness, of gentleness around the following headings:
(The trustees have requested the task and compassion, and of zest and adventure 1. Services to normal children and normal
forffe to continue its work of studying and that are part of the American heritage." families concerned with. developmental and
recommending positions on the technical
of the Joint Commission as necessary, SPECIFIC COMMENTARY AND I RETATION situational tasks. These services are both pre-
ports ventive and actual and include such corn-
and also to advise an implementation of the
Soon' matters ofeRnaphasis
Joint Commission's recommendations.) munity resources as pre- and post-natal
It is important that/the psyehiatrist reader health services, well-baby clinics, day nurs-
understand that th,e final report goes far
FOREWORD
eries, preschool programs, family and chil-
The final report of the Joint Commission beyond an assessrhint of the clinical needs dren's agencies, public health nursing, and
of the mentally ill/and retarded children and
on Mental Health of Children is vast in scope other public health services
youth. Indeed, will
and detail. Its many recommendations.
reaching Into all areas of national life, do not pisority to social,
measures to pro
lend themselves to blanket endorsement, one hand, and to
They call for extensive study, adaptation, the clinical needs o
and modification to accord with political, other, by far the grea
social, and economic realities in the long- is devoted to the form
range process of implementation. In the The fact that so man
course of that process in the years ahead, many disciplines were able
the Association will be called upon to adopt Commission's comprehensive an
many "positions" on specific proposals of the program for the nation is, of cour
Commissien. But there is, we believe, an oh- the report's outstanding virtues and i
ligation on the part of the AssociatiOn to to it a quality of great historical significa
offer an initial reaction to the report and Nevertheless, the trustees feel compelled
some extended commentary about its find- point out that had -the work of the Commis-
sion and its final report been closely focused
gesting a stance of organized psychiatry with around the psychiatrist's view of the needs
which it is hoped the overwhelming majority
of psychiatrists will agree. 'if the child, the relative emphasis on pre- d
The following commentary is offered in ventive and remedial needs would have been
that context. It is largely based on the find- more balanced. While the clinician's VICAV of
lags of a task force appointed in 1968 to ow
the needs of -the emotionally ill child is ade- Suc
formulate a position statement on the Corn- quately and even admirably stated in parts tio
mission's final report for consideration by of the report, it is by no means highlighted.
Nor psyc have the lengthy sections dealing with men
the trustees. The trustees are most grateful
to the task force for its assistance, environmental reform been properly concep- echo
tualized to relate to the clinician's view of ther
pledlgel. equa 2. Services to normal children with prob-
eonomic, and educational lems in growth and development, which
te mental health on the would not require specialized psychiatric help
'medial measures to meet but could be handled by such community re-
the mentally ill on the sources as the family physician or pedia-
portion-of the text trician, school health clinics, recreational
services, vocational services, and the corn-
xperts front so munity resources offered within many
agree on the church-related activities.
nnovative 3. Services to families in trouble.
one of 4. Services to children who demonstrate a
arts need for early intervention for minor erno-
e. tional disturbances of an order that can be
handled by psychologically and education-
ally aware agencies and educational pro-
rams and remedial services.
5. Services to emotionally disturbed chil-
n who need specialized psychiatric treat-
t but who are still able to reside in their
families and their own communities.
services would include special educe-
1 programs in the schools, pediatric-
iatric outpatient services, community
al health clinics, therapeutic nursery
Is. group casework and group psycho-
py, and therapy for parents and farn-
Services for emotionally disturbed chil-
who need placement away from their
dies either because of their own degree
cerned with currying out the Commission's emotional illness or because of disrupted
program that the following general con:lidera' family structure, but children who are still
etions are by far the most critical ones in able to function Within their own commu-
planning, comprehensive health services for nities. Such services would entail foster care,
children aged one to flve, boarding families, adoptive homes, group
Provision for identification, comprehensive homes, and community youth centers.
eiagnosis, and treatment of childhood men- 7. Services to children with severe emo-
tal disorders is, indeed, of equal importance tional illness requiring hospitalization in res-
with provisions for prevention and the pro- identird treatment centers, or inpatient pay-
motion of mental health. chlatric centers, or children's psychiatric hos-
APPROVAL AND COMMENDATION the child's needs in various stages of devel- dies
The trustees hereby record their entliesi- opment.
6
astic approval and support of the spirit and
principles underlying the findings of the Because they are not sufficiently all
d
lighted in the report, we urge upon al con-
Joint Commission on Mental Health of
Children. The Association may be prideful
that it was instrumental in initiating the
Commission in 1965. We wish to express our
grattitude and congratulations to all who
made possible so great an achievement, and
most especially to Senator Abraham Ribicoff,
who spearheaded the authorizing legislation
in the Congress, to the many allied orga-
nizations and agencies that participated, to
the officers and staff of the Commission, sind
to the hundreds of professionals and con-
cerned citizens from our own and cooperat-
ing disciplines who gave to the effort so
much of their knowledge and tone.
There is telling need and promise of ex- pitals for treatment and rehabilitation to
tremely productive results in improving our facilitate their early return to family and
presently inadequate medical services to the community. Such services may be provided in
child in his first five years of life, especially a general hospital in a community mental
by providing family planning services, sound health center, or a specialized psychiatric
It is the intent of the Commission in its Prenatal care, improved obstetrical manage- hospital for children followed by aftercare
final report to alert the nation to its past ment, and comprehensive pediatric services.. and rehabilitation. Child psychiatric hos-
failures In meeting the needs of young peo- Ta the age range one to five It is the general pital care must be upgraded to ensure ade-
ple from birth to adulthood, the Price that Physician, the obstetrician, the pediatrician, quote staffing and treatment programs, the
we are paying and must pay for our failure, and the child psychiatrist who can play the provision of proper schooling and vocational
and the promise that lies in remedying that most telling roles in providing these services, rehabilitation, as well as concomitant case-
neglect. It pleads for a new kind of society, Well-baby clinics have been the principal work with the parents and often with the en-
a child-respecting society, and' it projects a agency to serve mother and child after birth, tire family.
comprehensive blueprint for structuring it. But in general they are of service only during ' With reference to state hospital care for
In the new society there will be three psi- the first year of life and, in the main, are emotionally ill children, the Commission has
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February 27, 1970 CONGRESSIONAL RECORD ? Extensions of Remarks
ployees violates the provisions of the U.S.
Constitution relating to freedom of speech
and the freedom to assemble peaceably to
petition for the redress of grievances. This
portion of the Executive Order may be un-
constitutional and void also due to their
"chilling effect" on the right to peaceful
effectuation of change through legislative
means and on the right of legitimate con-
certed activities of working people.
Also under Section 19, the provision is
made in the Order that unless the complaint
of violation of this section is covered by a
grievance or appeals procedure, the com-
plaint will be filed with the Assistant Secre-
tary of Labor who will decide the case and
direct appropriate remedial action (see Sec-
tion 6(a) (4) and 6 (b) ) . Thus, the remedy
may be available in this Executive Order for
disciplinary action against supervisors or
management officials who violate employee
or union rights; it all depends on how the
Assistant Secretary of Labor interprets this
section of the Order. To-date, the Assistant
Secretary of Labor for Labor-Management
Relations, Mr. Usery has given no indication
that he intends to interpret his powers under
the Order so as to allow him to take dis-
ciplinary action against supervisors or offi-
cials in management.
Section 20: The use of official time for con-
sultation and meetings between manage-
ment and unions is made subject to negotia-
tion between the parties. In President Ken-
nedy's Executive Order such consultation and
meetings were on official time. Now, it is a
matter of negotiations between the parties.
Employees representing unions who are en-
gaged in negotiating agreements between
labor organizations and government agencies
will not be on official time. Management, of
course, may be on official time during nego-
tiations.
Section 21: Allows agreement between
unions and government agencies for volun-
tary dues check offs from employees' pay.
Section 22: Adverse Action Appeals: No
change from Executive Order 10988.
Section 23: Federal government agencies
are required to issue policies and regula-
tions for the implementation of Executive
Order 11491, no later than April 1, 1970. "In-
sofar as praCticable," agencies must consult
with representatives of employee organiza-
tions in connection with implementing this
part of the Order. It will be interesting to
see how much and what kind of consultation
will be provided by the various government
agencies in issuing policies and regulations
to implement the Order.
Section 25: Provides for the collection and
dissemination of labor-management infor-
mation needed by government agencies, labor
organizations and the public. This is poten-
tially a very important part of the Executive
Order; again, it all depends on how It is
Interpreted and carried out by the Depart-
ment of Labor and the U.S. Civil Service Com-
mission.
Section 26: Executive Order 11491 was
signed on October 29, 1969, and is effective on
January 1, 1970, exeept Sections 7(f) and 8,
relating to formal and informal recognition
(see Sections 24(b) and 24 (c) ) . President
Kennedy's Executive Order 10988 and his
Memorandum of May 21, 1963, entitled
"Standards of Conduct for Employee Orga-
nizations and Code of Fair Labor Practices,"
are revoked as of January 1, 1970.
In conclusion, the new Executive Order
holds out a promise for the establishment
of better labor-management relations in the
federal service. Meanwhile the NALC must
and will continue its attempt to establish
labor-management by law as a solution to the
problems facing employees and employee
unions in the federal service.
It is our opinion that the value of the
executive order now 4epends upon meaning-
ful regulations since the order itself left us
wanting.
OFFICE ON WHTFT.9
HON. CLARENCE D. LONG
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 26, 1970
Mr. LONG of Maryland. Mr. Speaker,
for almost 21/2 years now I have been
using a mobile office to keep in touch
with my constituents. On Saturdays, I
travel to different communities through-
out my district to find what help people
seek and to get their suggestions on leg-
islation. Recently a college_student--Mr.
Robert W. Russo of leysville, Md.,
wrote a paper for ofhis classes using
my office on wels as a subject. Bob was
kind enou give me a copy of his
delightfijVarticle which I should like to
share th my colleagues today:
OFFICES ON WHEELS
very two years the people of America go
the polls and elect their government oft.-
leis. For the majority of voting Americans
casting their ballots may be their only in-
volvement in politics. We have created a
communications gap between elected officials
nd their constituents due to a lack of dia-
regarding key issues.
e D. Long, Democratic member of
the House Representatives from the Sec-
ond Congressi District of Maryland, real-
izing that this gap been the downfall of
many elected officials, decided to make
an exception to the rule ? an unknowing
constituency. Since his electio the House
of Representatives seven years a he has
been traveling to local Post Offices, t to
bring his political message to the people, t
rather to hear their problems, suggestion
and to determine how he can best serve those
he represents. Two and one half years ago,
the Congressman purchased a small van-bus
and created what is today a popular and
welcome sight in Baltimore and Harford
Counties?the Office on Wheels.
The Office on Wheels is the Congress-
man's traveling headquarters. Every other
Saturday you can find Mr. Long inside the
van, weather permitting, talking to his peo
plc. "It's a problem solver. The purpose,
the Office on Wheels is to find out whaythe
people want." According to the Congress-
man, "It helps me find out just What the
people are thinking about."
With the Congressman are four staff mem-
bers. One, his secretary, Mrs. Marge David-
son, keps a tally of requests, records names
and addresses, and specific requests. 'Mrs.
Hope, quite an appropriate name, is the other
secretary who deals only with employment
problems. When called upon she can pro-
duce a listing of governmental and private
business openings which the Congressman
oan recommend to these people. Ed Andrews,
a member of the Washington staff, is the
initial contact for the people. He has them
fill out a mimeographed form with their
names, addresses, and problems or sugges-
tions. When asked if the records were kept,
Mr. Andrews answered, "You'd better be-
lieve it! I just carried 10 boxes of them into
the office for processing." Chris Pfrommer,
who has been with Mr. Long since his elec-
tion, acts as a liaison between the people and
the Congressman, making sure all the in-
formation is filled out on the form then
introducing the people to Mr. Long.
This reporter traveled to the Essex Post
Office to find out just how effective the Office
on Wheels is. At least 40 people had already
seen the Congressman that morning and
in the next hour 20 more came in. Mr. An-
drews said that it was a rather slow day.
Usually 70 to 100 people saw the Congress-
man each time the Office rolled. The majority
E1429
of people were over 40, well-dressed, and
seemed a little nervous.
A quick polling of the people indicated
that it was their first visit. One woman said
that she was having trouble getting foster
children from the Welfare Department. She
had applied and was qualified, but the red
tape had kept the children from her for over.
a year now. After many letters and phone
calls, she was here to see if Congressman
Long could help in any way. "I have raised
two children of my own. They're both mar-
ried and have families of their own. I know
there are a lot of childre:a without homes
and we want to help. But every one at the
Welfare Department passes the buck. That's
no way to treat a taxpayer." When she left
Congressman Long's office, she had a smile
of confidence on her face. "He said he would
write a letter for me.'I know I'll get the chil-
dren real soon."
"It is not very often that I get complaints
about my work in Congress, or Congressional
work at all. Usually, people have requests to
make," said the Congressman. Most people
need help in solving a problem where they
haven't been able to get satisfaction any-
where else. Getting draft deferments, social
security payments, and helping high school
kids get into college are the most popular.
Topping the list are veterans benefits and
employment problems. Most of the people
are satisfied after they talk with their Con-
gressman, and according to his staff, most of
the people get what they need, if the request
is reasonable.
"But we get some good ones," the Con-
gressman stated. "One man came into the van
carrying a dirty old towel, which had really
seen its best. He told me this was taken out
of his stomach, having been placed there by
an army doctor during an emergency oper-
ation. The towel had really messed up his
system. I was a little skeptical,. but he had
documentation from a doctor at Johns Hop-
ins Hospital. He wanted me to get compen-
s tion for him. I found out later from a law-
ye friend of mine that he had carried this
m n's case to the Supreme Court, and lost.
B most of the people are quite nice about
t Ir requests. The great majority are rea-
nable, and we try to help."
"We have saved literally hundreds of lives
and placed countless people in jobs. One
soldier came to me with a big problem. He
had been railroaded by an Army court on
homosexual charges. I spent a whole day
arguing to get him a new trial. Finally, they
granted him a new trial and he was exon-
erated from all guilt. The blame was placed
where it belonged."
Congressman Long is very satisfied with
the results of his Office on Wheels. He said,
"The biggest problem in government today
is communications. The higher up you get,
the more isolated you get. There is nothing
more isolated than a big General. I just
wish Generals and the President would get
out and meet the people informally, not car-
rying a specific message, just to hear what
the people want." When asked about the
Office on Wheels, Congressman Long said,
"It's like radar: you give out a beam and you
get a reaction, People who get remote make
mistakes."
Over the last two and one-half years the
Office on Wheels has traveled extensively in
Baltimore and Hartford Counties just to lis-
ten to the people; and over 6,000 people have
had problems solved, found jobs, and gotten
veterans payments. The Office on Wheels is
a red tape cutter, a sounding board for prob-
lems and ideas, and a way for the Congress-
man to learn what his people want. The Of-
fice on Wheels is a unique service from Con-
gressman Long to his people. It has made
him truly a representative of the people, for
the people, and by the people; and made him
one of the most popular Congressmen to
date receiving 59.1% of the vote in 1968. In
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CONGRESSIONAL RECORD ? Extensions of Remarks rebbitary 27, 1970
es of Congressman Clarence D. Long,
fiat from the Second Congressional
Set of Maryland, the Office on Wheels
rsr
eat." And that is the Opinion of almost
of the 6,000 people who have visited the
Mobile headquarters of their representative
'to Congress.
CAN ..SA,.1.4LATOP MIRV?
HON. WILLIAM S. MOORHEAD
OP PENNSYLVANIA
IN THE HOUSE or REPRESENTATIVES
Thursday, February 26, 1970
Vienna this spring. The men at the SALT
table must 'ponder such questions as:
IS a MIRV test ban negotiable? Would a
stoppage of tests arrest this ballistic develop-
ment?
If each side arms its missiles with IVEIRV's,
can any meaningful limit be made for stra-
tegic missiles?
Given a Ilmit to nuclear missiles, would
vertfication of compliance be possible?
If there are mainly negative answer:, to
these questions then the SALT talks will
not lead to a treaty limiting arms and the
world may witness a vast expansion of
strategic-weapon arsenals. It is no exag-
geration to state that today the United
States and the Soviet Union are perched on a
narrow plateau separating the destructive
technologies of the past decade from those
Mr. MOORHEAD. Mr, Speaker. un- of the seventies.
fortunately, with each passing month, MIRV, then, is an apocalyptic acronym.
the chance for a meaningful flight test It is a newcomer to public print, having first
been officially released in the Sept. 29, 196'7,
moratorium on the MIRV gets less likely. issue of Life magazine in an interview with
The word is, in fact, that the flight test can now
Seereitary Frert S. McNamara. "We
program is being speeded up, thus, nar- boosters NeVitehf,m,a,enly "each ofrowing even further the already slim heads," w se:111411 equip
deorens
hope of a moratorium with the Soviets, which can be aimed at a separate target.'We
I would like to recommend, for the call this MIRV. . . ."
attention of my colleagues, an article ap-
Mr. McNamara also disclosed that the
United States had two MIRVecl missiles?
peering in the New York Times Magazine "Can SALT
the Poseidon and the Air Force's Minuteman
section on February 1, 1970, W. The latter is a 60-foot-long, three-staged.
Stop MIRV?" by the nuclear
PhYsicist. land-based intercontinental ballistic missile
Ralph Lapp. (ICBM, Type LGM-300) carrying three nu-
The MIRY is a perfect example of a clear warheads. Each of these three MIRV's
weapons system that completely eluded is 10 times more powerful than the A-bomb
the scrutiny of the Congress. In fact, if that destroyed Hiroshima.
we could have effectively frozen the test-
Actually, Hanson Baldwin had revealed
ing of this program a year ago we would Poseidon's m.TEN nature in a New York
Times account on Aug. 13, 1967. f
have had a unique chance of reaching a
f
ea:fit:z jetcls gitoc The power
rTimes Poseidon w The ormer
rote : "Be-
plateau in the arms race. However, I ? reatoer
would venture to say that 90 percent of ry multiple warheads anwd 'each ofth can
o
enmigahri
the Congress had never heard of the be individually programed against separate
MIRV until it had been in production for targets." All these Mr. Baldwin omitted was
over 1 year. This is a tragic lesson I hope
the acronym. That was itself classified "SE-
CRET" by the U.S. Air Force, thus confining
we do not repeat. even official discussion of the new develop-
I insert the above-mentioned article ment to a very tight community of persons
In the REcoxo at this point: within defense circles.
CAN SALT STOP MIRV?
(By Ralph E. Lapp)
Next October the arms race will enter a
new and deadly phase as the U.S.S.James
Madison leaves the Groton, Conn., yards and
begins; its sea trials. The 425-foot-long SSN
627 is currently being refitted with 18 over-
size launch tubes capable of holding a Posei-
don ballistic missile. Each Poseidon will
mount 10 nuclear warheads having more
than twice the explosiveness of the atomic
bombs dropped on Japan.
The Madison is the first of 31 nuclear
submarines to be converted to carry
MIRV's?multiple independently targeted
re-entry vehicles. A single Poseidon missile
is thus capable of striking at 10 Soviet tai-
gets which could becotne 10 super-Hire-
shimas. Beyond that, however, the appear-
ance of the MIRV raises the terrifying peen.
sibility that the nuclear deterrent could be
in the process of being transformed from a
retaliatory, second-strike weapon toe "first-
satellite-acquired data on Soviet targets
have been coded and stored on magnetic
"targeting tapes." Now this magnetic mem-
ory is "implemented.- Through an elabo-
rate communications ankage?MICCS (Min-
uteman Integrated Command and Control
System)?an innocuous-looking computer
card bearing the code numbers is slipped
into a computer at each Minuteman control
site. At the root tips cst MICCS, underground
command posts go into high gear, carrying
out swiftly the various deuble-lock and veri-
fication procedures needed to launch the
missiles from their concrete underground
silos.
At the silo site, an automatic sequence
e
of operations is set in motion. Inside th
giant three-stage missile, the flight control
system is readied, the MIRV "brain" receives
its target instructions, should they be dif-
ferent from those already programed. The
massive reinforced steel silo cover begins it
slide back. The process is completely auto-
mated: the nearest human being is a sugar-
beet farmer a mile down the road from the
fenced-in Minuteman site.
A thousand buried missiles are poised
ready for ignition, eepteble of being stopped
now only by a countermand. It never comes
The huge first stage of a Minuteman III
based in North Dakota at the Minot Air
Force Base ignites with a roar and a huge
blast of flame fills the tower chamber.
Slowly, it seems, almost lazily, the giant
missile emerges above earth, freeing itself
from its concrete nest, and, gathering speed,
zooms straight up through a thick cloud
layer. Stage 1 burns out, is decoupled by
explosive connectors, and the second staes
ignites as the less-heavy missiles streaks uu-
ward on its ballistic course. It, too, cuts cee
on command and the third stage accele-
rates the "payload" to its 4-mile-per-secoett
velocity.
At this point, only tour minutes after the
' President pressed the button, the space bus
and its three nuclear warheads are commit-
ted to a ballistic course of some 5,000 miles
in range and they will climb to a zenith some
700 or 800 miles above the earth's surface.
A ballistic courseis eitsentially that of a rock
The MIRV concept was first aired in the thrown in space; in the absence of a retard-
trade press by Space Business Daily, whose ing atmosphere, its renge is fixed by its final
Aug. 9, 1965, report referred to a MIRV con- velocity and its angle of projection, just as
tract to be awarded to Boeing. The same in the case of an artillery shell.
publication had reported in its April 21, 1964 The space bus begins to function by
Issue: "The Air Force Ballistic Systems Di- shedding the upper shroud that protected
vision planned to issue a request for proposal on its travel through the resisting air. It
on April 28, 1964, for a program of investi- is important to stress. that the vehicle is en-
gation to determine the feasibility of de- tirely on its own; it is not linked to earth
veloping a guidance system for multiple for command, An entirely independent gulch
maneuvering warheads that could be di- ance system is packaged in microminiater-
rected toward a sa.riety of targets." ized form and includes accelerometers, gyro.
The first details of MIRV technology were scopes and a sophisticated computer. Tni
revealed on Dec. 13, 1967, when Dr. John S. fast-spinning gyros, an ingenious triple set
Foster, Jr. gave a speech in Dallas, Tex. The of whirling "tops," serve to establish a stable
Pentagon's director of research and engineer- platform in space ter the vehicle so that
ing. who has devoted his professional career changes in direction can be sensed. Accelera-
to weaponry, disclosed that MIRV stands for tors are gadgets capable of measuring minute
"multiple independently targeted re-entry changes in velocity, the all-important facto].
vehicle." Dr. Foster, however, preferred to in determining the range of the MIRV. The
,call it a "space bus," because the payload computer must absorb the various data in-
is a cumbersome package "which contains puts on the velocity and orientation of the
many individual re-entry vehicles with ther- space bus and at the same time check with
strike" weapon?i.e., one that would remove
monuclear warheads." its memory bank, where it has stored the
the deterrent by enabling one side to Enough is now known about MIRV tech- target in.tormatlofl.
kneels out the other's missiles before they nology to permit an accurate description of The wizardy of spiees navigation was made
could be fired, thus leaving the victim litrgety this modern Hydra. For example let us evident by the uncannily accurate flights ce
helpless to strike back. By 1075, when the make a hypothetical projection to that most Apollo XI and Apollo XII. These, of course.
last Poseidon-firing submarine leaves 1.,:a calamitous day in history when the Presi- were masterminded at the Houston con tre I
yard, a total of 4,960 M1EV'a will be deploy- dent of the United States is compelled to center. Minuteman III uses essentially ars
able at sea?or, to be more precise, under- Press the button authorizing and corn - same technical base for its guidance, lbs
sea, By that time the U.S. Navy will have mending the US. Minuteman force to be ever. in our hypothetical and disastrous ex -
spent a grand total of $18 billion on the launched. This is not to suggest that the ample, We shall tartest Novosibirsk, a Mt,'
Polaris-Poseidon Strategic Missile System. United States plans to use its MIRV 's for a with a population ef more than a millior ,
This programed multiplication of 173. first strike?although such a possibility must rather than a dead spot on the moon.
Naval nuclear firepower represents a quan. occur to the minds of Soviet military plan- The Minuteman HI computer reads out,
tem jump in the arms race and as such it is mere. Doomsday date is Nov. 7, 1978. the target coordinates of Novosibirsk, queries
a prime item on the agenda of the SALT Once the button is pressed, man turns the its instrument colleagues aboard the space
(strategic arms limitation talks) meeting at entire issue over to computers. The latest bus for their information, computes the im-
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Febru&ry 27, 1M" teed.RVINA021.05.106? CIA-RDP72-00337R0003010040018-3
Kt,COKto ? Extensions of Remarks E 1431
4
pact point and calculates the velocity and
direction changes required to dispatch the
first-round MIRV on target. The computer
then directs the Space buS to execute this
corrective maneuver by Sri ng small "vernier"
jets for the proper number of seconds. This
accomplished, the guidance unit rechecks for
accuracy and, reassured, the computer gives
the electronic command; "Fire One." MIRV
"A" is nudged on its course and flies free.
MIRV "B" is given very slight guidance
changes to target an industrial section of
Novosibirsk and to back up MIRV "A" in
case a heavy antiballistic missile (ABM) de-
fense is encountered.
The third round of the Mark 12 nuclear
ammunition is then directed to Stalinsk, a
city of half a million people some 180 miles
southeast of Novosibirsk. All three rounds
are fired within a minute. They soar over the
North Pole and arc down across Siberia.
Having dispatched its trio of lethal mis-
siles, the space bus adds insult to injury by
detonating a series of small TNT charges
that blow it into several dozen pieces. These
proceed to descend on still another target
area, presenting enemy radars with a vexing
problem of identification.
The three MIRV's themselves are sleek re-
entry vehicles of "super beta" design, with
needle noses and flared tails. Nine feet long
and two feet in girth, they are engineered to
produce minimum images on radar screens
and thus Make detection difficult. With their
metallo-ceramic heat shields, they easily sur-
vive the heat of re-entry, and each explodes
high over its target, triggered by an altitude
fuse. The high air burst maximizes the area
of destruction on the city below it, spread-
ing heavy damage over 15 square miles.
The mechanics of MIRVing introduce
Cumulative errors in accuracy. The first
round, for example, explodes a quarter of a
mile from the aim point, but the third
round veers slightly off course, exploding
0.4 miles from the aim point?not a matter
of much solace to the citizens of _Stalinsk,
however.
Cities are large targets and the projected
MIRV accuracies are greater than necessary
to hit the vast majority of Soviet city targets.
Striking at a hardened missile silo, on the
other hand, calls for highly precise fire. Our
hypothetical attack would impose heavy
damage out to a radius of more than two
miles from the aim point in the case of a
city. A Minuteman HI warhead would have to
Impact within 400 yards of a missile silo
in order to knock it out of commission, It is
because U.S. experts feel that most Min-
uteman MERV% would not 'come within this
impact distance of an aim point that they
feel the Soviets should not worry about the
U.S. striking first with a wave of Minute-
man launchers. But by 1978, Amy technol-
ogy will be far advanced over its present
status.
Soviet planners must assume the worst?
a first strike on Soviet missile silos. This first-
strike psychosis, although normal for a mili-
tary mentality, , is absolutely catastrophic
for the arms race, since it goads each side
into making more missiles to survive a pos-
sible first strike and present the attackers
with nuclear retribution. Given an emer-
gency in which the United States found it
was under attack with warheads aimed at
its missile silos, it might out of fear un-
leash 'its entire Minuteman force in a vast
spasm response. This would be the path
to nuclear dernnation.
In effect, the MIRVed ICBM is a magazine-
loader mechanism that multiplies the war-
head throw power of each missile launched.
It is this multiplying power that so con-
founds the problem of strategic arms limi-
tation, since a count Of missiles silos would
not be meaningful unless one could also
count the warheads inside. Orbiting cam-
eras routinely send back to earth detailed
photographs of missile sites, but they cannot
peek under the silo covers and see what is
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inside. Even if the silo covens were thrown
open for inspection, the MIRV nose cone
gives no clue as to its contents. One needs a
screwdriver to make an inventory of how
many MIRV's are inside. Not even the most
optimistic SALT man hopes for screwdriver-
type inspection.
Poseidon, a two-stage missile, 31 feet in
length and 30 tons in weight, also is MIRVed
on the space-bus principle. Each missile has
14 barrels, but not all are used for warheads.
Some are used to hurl decoys or other pene-
tration aids, such as radar-blinding alumi-
nized glass fibers, called chaff. A number of
lightweight decoys can be substituted for the
weight of one Poseidon warhead, which
weighs about 200 pounds. Decoys are used
to feint the defenders into using up anti-
ballistic missiles, thus allowing real warheads
to penetrate to their targets.
While the MIRV technique allows
separate targets, it also allows a s
to be bombarded with a sequ
spaced warheads. This is a
tive technique to outwit
might otherwise kill a
simultaneously if they
(The Polaris A-3 w head aboard U.S. nu-
clear submarines t ay is a cluster of three
nuclear explosives all Bred shotgun-style at
the same target.)
To put MIRV in proper perspective as a
weapons system we need to enumerate the
critical mileston in the past quarter of a
century. First, th e was the A-bomb in 1945,
followed by the t 'usand-fold more power-
ful H-bomb in 195 1 and then by the
IOBM in 1957. The str gic forceS of both
the United States and th oviet Union are
keyed to these developmen and nuclear
deterrence today balances on e respect
each side has for the other's nuc strike
power.
Under the McNamara managemen , the
U.S. strike forces built up to a level of 1, 0
Minuteman ICBM's, 54 Titan II's and 6
Polaris SLBM's (submarine launched ballit-
tic missiles). Total throw power: more than
2,500 warheads as of 1970.
The Soviet strategic arsenal includes about
280 SS-9 heavyweight ICBMs, slightly more
than 1,000 other ICBM's?mostly liquid-
fueled SS-11's of Minuteman warhead power
and solid-fueled SS-13's of less power?and
roughly 300 SLBM's, Total throw power:
about 1,700 warheads. However, the big U.S.
worry is that the SS-9 can be adapted to
carry three huge warheads or as many as 20
MIRV's of Minuteman III power.
Soviet tests with their enormous SS-9 mis-
sile show that they are using a triple war-
head, although presumably most of the de-
ployed SS-91s still mount a single warhead.
There is much controversy within the U.S.
intelligence community about the nature of
the SS-9's multiplication technique. Sepa-
rate warheads have been observed to splash
down in a triangular pattern, leading de-
fense officials to fear that the SS-9 is aimed
at knocking out Minuteman silos. Whateve_.,r
the present SS-9 warhead dispatc_11.....teell--
niques, it is certainly reasonable atsume
that military technologies on both sides of
the Iron Curtain are convergent?i.e., pro-
duce the same or similar weapons systems_
From the U.S. standpoint, the most peace-
ful move the Soviets could make in the next
year would be to terminate deployment of
the SS-9's. Continued production of these
mighty missiles will make more pronounced
the Pentagon's fears that the Soviets are
building up a first-strike force. Such a
move by the Soviets would infuse optimism
into the SALT discussions on arms control.
A number of persons deeply concerned
about the stopping of the arms race believe
that the best thing that could come out of
the SALT talks would be a moratorium on
MIRV tests. They hope, more than believe,
that cessation of the missile teats would pro-
duce an unfinished technology and leave the
target
e of time-
ple but effec-
e ABM's, which
bar of warheads
escended in a cluster.
military reluctant to deploy unproved weap-
ons systems.
The difficulty with a MIRV test ban is
that it is very late in the day to stop the
technological clock that seems remorselessly
to tick away. To understand this situation
we need to go back-and trace the origins and
development of MIRV.
The top authority on the subject, Dr.
Foster, described the origin and purpose of
MIRV in an exchange with Senator mike
Mansfield of Montana that is buried in Part
4 of Fiscal Year 1969 Def ense Appropriations
(Page 2310) :
Q. Is it not true that the U.S. response to
the discovery that the Soviets had made an
initial deployment of an ABM system around
Moscow and possibly elsewhere was to de-
velop the MIRV system for Minuteman and
Polaris?
. Not entirely. The MIRV concept was
origiiil1y generated to increase our target-
ing capability rather than to penetrate
ABM defenses. In 1961-62 planning for tar-
geting the Minuteman force it was found
that the total number of aim points exceeded
the number of Minuteman missiles. By
splitting up the payload of a single missile
(deleted) each (deleted) could be pro-
gramed (deleted) allowing us to cover these
targets with (deleted) fewer missiles. (De-
leted.) MIRV was originally born to imple-
ment the payload split-up (deleted). It
was found that the previously generated
MIRV concept could equally well be used
against ABM (deleted).
Dr. Foster's "aim points" could scarcely
have been confined to Soviet cities. The
U.S.S.R. has only about 50 city targets of
Hiroshima size and a total of some 200 cities
with populations greater than 100,000. A
Soviet planner reading Dr. Foster's state-
ment would not have to overly suspicious
to assume that the United States was target-
ing Soviet missile silos with Minuteman
ICBM's.
Target experts call cities "soft" and rins-
e silos "hard." In general, a first strike
se to hit at "hard" sites and thus deny re-
talia ..ry fire that would impose unacceptable
dama on the attacker. A second strike
launche in response to a first strike would
be eime at destruction of the attacker's
cities and industrial complexes, but it is
primarily t e great loss of life that is the
knife-edge ? which mutual terror is bal-
anced.
It would b tragic in the extreme if a foe
were to be ig orant of the damage he would
sustain in th event of nuclear war. For this
reason, Defe e Secretary Robert S. McNa-
mara provid d the Soviet leaders with a
Pentagon pr nt-out of the probable damage
to be expe d by an attack with "X" hun-
dred Min teman warheads. The Strange-
lovian d age table which follows was re-
leased publication Feb. 1, 1968:
JET POPULATION I AND INDUSTRY DESTROYED
Total
Number of delivered population
fatalities 5
warheads
Industrial
capacity
destroyed
(percent)
100 17, 000, 000 59
200 52, 000,000 72
400 74, 000, 000 76
800 96, 000, 000 77
1,200 109, 000,000 77
1,600 116, 000, 000 77
Au urban population of 116, 000, 000 is assumed for the year
1972.
2 Fatalities are calculated on the basis of "prompt response"?
i.e., death within 24 hours.
McNamara's advertisement of overkill
probably confirmed the secret damage tables
already compiled by Kremlin experts. The
important thing here was not to communi-
cate what Soviet military experts already
knew, but to make absolutely certain that
(.0
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E 1432 CONGRESSIONAL RECORD?Extensions of Remarks Feb rI.aiy
re-entry vehicles (RV's) then each RV cbMil
carry from 3 to 5 megatons, depending on its
design and how it wile targeted. (If SS- 9
RV's targeted points hundred of miles apart
the megatonnage would be reduced because
propellant would have to be provided to
stear the warheads to their widely separated
targets. Defense officials now give conflicting
testimony about the SS-9's RV's, some say-
ing they are independently targeted, and
others saying that they are capable of being
thrown only in a cluster.)
Whatever may be the status of the SS 9s
present technology, few doubt that it is ca-
pable of carrying five or six times as many
warheads as Minuteman III. It is this asym-
metry that so alarms neeny defense officiale.
They feel that at the mite the Soviets are de-
ploying the SS-9 missile, they will soon be
capable of targeting the entire force of 1,000
Minuteman ICBM's. This was, in fact, the
very basis of Defense Secretary Laird's case
for turning the Sentinel antiballistic missile
system into a means of protecting Minute-
man silos.
Any quid pro quo in arms limitation is
obviously made very difficult when the stra-
tegic systems to be limited represent un-
equal fire power. One could arrange a quota
system for battleships because there was
little ambiguity about such naval vessels.
But land-based missile:: can and do mount
payloads of quite dissimilar power. MERV up-
sets the simple arithmetic of one-for-one
missile limitation and introduces a complex
calculus.
The SALT negotiator's will need great in-
genuity to work out the higher mathernimics
of arms control and, perhaps, even greater
inventiveness in educating their constituents
In the new math of strategic arms limita-
tions. That this will be a slow process is seen
by the fact that in the 1969 meetings at Hel-
sinki the SALT men did not even get around
to discussing MIRV technology.
The basic dilemma of the would-be arms
controllers is that they have no simple rule
to equate nuclear fire power on either side
of the Iron Curtain. The SS-9 and Minute-
man III represents very considerably differ-
ent throw weights. If the SS-9 can be fitted
With six times as many re-entry vehicles as
Minuteman III, the SALT talkers must fix
some limit to SS-9 deployment that will
satisfy U.S. experts that. no Soviet first-strike
capability will exist in the future. Since the
Soviets have continued deploying SS- 9's,
they will soon have 300 of them.
According to a statement made last month
by Defense Secretary Laird, the Soviets are
increasing the rate of the SS-9 deployment,
This SS-9 deployment I': viewed as constitut-
ing an annihilatory threat to the U.S. land-
based ICBM's, Many Senators hold the view
that the Soviet Union has a very specific in-
tent for its 65-9 capability. Senator Strom
Thurmond, for example, recently stated:
"To sum up, then, Soviet strategic think-
ing oontemplates a first strike, the Soviets
have the capacity to build towards first
strike, and they expect to be able to destroy
our ICBM's without receiving a crippling
blow in return."
Senator Thurmond did not reveal his
reveal his source of intelligence, but clearly
the fear of a first strike now dominates the
defense scene.
The arrnsmonteol deadlock Is so serious
that a number of dais ass intellectuals have
become convinced that some bold step will
have to be taken to make any headway. Some
of these men have tuned heretical and have
urged that the Minuteman ICBM system be
abandoned, arguing that a system so shaky
that it has to have its private ARM defense,
which in turn is so shaky that it needs inner
defenses to protect its radars, is not much oi
a deterrent. Rather, it becomes an invitation
to aggression.
Asking the U.S. Air Force to give up its
land-based missiles is real heresy. The fact
Soviet political leaders were not in the dark
about the degree of national damage they
would suffer in the event of nuclear war.
The Pentagon's damage table contains a
qualification which is turnirty, out to be a
prime energizer of the ante race and an
immense obstacle to the success of the SALT
talks. It is the word "delivered," applied to
warheads. U.S. military planners cannot
count on having every missile-warhead reach
Its target. For example, a Soviet first strike
could kill a Minuteman ICBM in its silo, or
the missile might fail to launch, or to be
correctly guided. Or, at the other end of the
trajectory, the warhead might be killed by
a Soviet antiballistic missile.
MIRV, defense officials explain, is the "We
Shall Overcome" answer to Soviet ABM's. By
multiplying the total number of warheads
attacking Soviet targets, we insure penetra-
tion of a sufficient number of them to Indict
unacceptable damage. In a second strike, of
course.
But do the Soviets interpret the vast ex-
pansion of the U. S. strategic strike force--
approaching 10,000 MIRV's in 1976--as
merely insurance of a. second-strike capabil-
ity? Or do they look upon it as a first-strike
force?
Soviet strategists may be excused for being
skeptical when they ldok over U.S. pro-
nouncements on MIRV. We may add to Dr.
Foster's answer to Senator Mansfield the fol-
lowing:
President Johnson on Jan. 18, 1965, stated:
"Poseidon will have double the payload of
the Polaris A-3, and will be twice as accu-
rate. Its effectivenees against a hardened
target will be greatly increased through in-
corporation of pentration aids."
A Jan., 1968, Defense Department state-
ment on MIRV's reads: "They will be far
better suited for destruction of hardened
enemy missile sites than any existing missile
warheads."
Defense Secretary Laird on April 1, 1969,
asked for additional funds "to significantly
improve accuracy of Poseidon (1VIIRV) mis-
siles, thus enhancing its effectiveness against
hard targets."
Dr. Foster on May 13, 1969, testified before
the Senate Armed Services Committee: "The
Polaris-type submarine is ideal as a second-
strike weapons system, although it could be
used in first-strike operations"
The feasibility of using MIRVeci warheads
in a first strike at missile silos hinges on the
matter of accuracy. In the early nineteen-
sixties, ICBM's had a C,E.P..of two to three
miles---1.e., the circular probable error, or the
radius of a circle within which 50 per cent
of the warheads hit, was two to three miles.
By 1969, the C.E.P. had dropped below one
mile and was headed down to half a mile.
In five years, given more testing. the accu-
racy should shrink to a quarter-mile, and by
the late nineteen-seventies some experts be-
lieve guidance systems will land warheads
within several hundred feet of the aim point.
It should be added that some experienced
missilemen are skeptical of such claims.
The U.S. Defense Department has concen-
trated its best efforts on development of
MIRV accuracy. A total of $22-billion was
spent on MIRV programs by midsummer of
1969, when the first flight tests of Minute-
man UI and Poseidi in were made. This pro-
gram is scheduled for completion by June.
1970.
Senator Edward W. Brooke (R Masse , a
member of the Armed Services Committee,
hoped to interrupt the seemingly inexorable
course of technology when be proposed, last
April 24, that the two great nuclear .powers
suspend testing of MIRVed missiles. He
noted that "if MIRV is not controlled prior
to deployment, it will probably not be con-
trolled at all," and that "the present oppor-
tunity for strategic arras control is highly
perishable. Indeed, it is measured in
months."
Nine months have passed since Sen.
Brooke's proposal, and MIRV tests are still
going on?and the James Madison is moving
ever closer to receiving Poseidons. Accuracy
attained in MIRV tests for Poseidon appear
to satisfy the U.S. Navy's strategic require-
ments for nuclear retaliation. But even when
the Poseidon research and development
phase is completed next June, it is unlikely
that the Navy will place much confidence in,
the new weapons system unless it can be
periodically tested at the Atlantic Missile
Range. Data released in mid-December show
that the U.S. Navy conducted 167 tests of
its Polaris A-2 missile and 142 tests of the
A-3. Many of the tests are believed to have
been "redunclant"---Le., not absolutely es-
sential to operational confidence in the
weapons system.
By June of this year the U.S. Navy
will have spent $1.8 billion so far on de-
velopment of the Poseidon system, and $3.4
billion on submarine conversion and missile
procurement:
The U.S. Air Force appears to have put
more emphasis on missile accuracy than line
the Navy. Confusion on this score must in-
tensify Soviet worries about a U.S. first
strike. Is the Air Force preoccupation with
missile accuracy simply an exercise in per-
fectionism?in stretching technology to its
attainable limits? Or is it a deliberate accu-
rate enough to dig Soviet missiles out of
their protective silos?
These perturbin,g questions are not re-
solved by the extreme secrecy surrounding
MIRV. One thing seems clear; no nation
would want to make a first nuclear strike
at another using a weapons system that had
not been adequately tested. Therefore. a
MIRV test ban might be a very useful re-
straint of technology, provided that, it is
agreed to before either side tests enough
MIRV's to be confident of the system. And
one must add an important qualification?
namely, the test ban would have to come
before either side believes the other to have
reached this point of confidence.
The Air Farce has carried out almost 150
tests of its Minuteman I and II missiles.
If a MIRV test ben occurs before the Air
Force completes its current series of Minute-
man III tests, one might jump to the con-
clusion that a test ban would undercut mili-
tary confidence in this new weapons system.
The facts aro that developmental tests will
be completed, this spring, and that the sys-
tem is already under production. While more
tests will be programed, these will come
under the heading of reliability and readi-
ness testing. In the case of Minuteman
many of the subsystems common to Minute-
man I and n have already been extensively
tested. When the Soviets first made overtures
about SALT talks two years ago, a MIRV
test ban would have been a highly useful
device, but the MIRV clock has been ticking
away steadily and a test ban this year would
be much less valuable.
If a MIRV test ban is to be accepted by
the United States there would have to be
provision for inspection of test violations.
U.S. authorities privately make much of the
fact that tae Soviets have deployed the
mammoth E5-9 missile?each one costing
probably $1.0-million?which has greater
value for a first strike than the Minuteman
III. To understand this asymmetric situation
we need to take a cloeter look at the 55-9.
A close-up look at the 85-9 is something
that a U.S. strategist would dearly love. As
it is, he must be content with blowups of
photographs taken by satellite cameras, and
with studying the ballistic data about SS-9
tests. U.S. intelligence experts hme con-
cluded* that the 55-9 is a highly accurate
missile capable of hurling a single warhead
having the power of 20 to 25 megatons?
roughly a thousand times the power of the
bomb that eviscerated Nagasaki. If this im-
mense payload is split up into three separate
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Febrttdly 27, 1970 CONGRESSIONAL RECORD ? Extensions of Remarks
that it is seriously proposed indicates how
Intractable the .arms-Control situation is be-
coming. It would undoubtedly precipitate a
controversy that would make the Air Force-
Navy clash on the B-36 look like a tea party.
But it is becoming painfully evident that a
failure to plan for the future control of weap-
ons systems has brought us to our present
Impasse.
A way out of the arms race might be an
agreement to work toward eliminating all
land-based strategic missiles, telying instead
on ocean-based systems like Poseidon. In
this case, the size of the submarine hull and
its practical limitation impose a near equal-
ity on the throw power of each side. In effect,
by going to submarines as the sole basis of
missile deterrence, we more or less stand-
ardize the size of the "first stage" of a "three-
stage" missile. In this case, the first stage is
the submarine itself. The submarine becomes
the unit of fire power, and neither Side at-
tempts to limit MIRV; it simply accepts the
throw power of all the missiles carried on
board.
If the arms race cannot be brought under
some measure of control in the early nine-
teen-seventies, the problems of agreements
at a later date will be severely complicated
by the onrush of weapon technology. MIRV
is by no means the ultimate in the instru-
mentation of war. It is, in fact, only a pref-
ace to a whole series of acronyms?ABRES,
ULMS, SABMIS, SAM-D and others to secret
for alphabetical obscurity. ABRES, for ex-
ample, stands for Advanced Ballistic Re-en-
try Systems. It is a defense program involv-
ing MIRV technology started in 1965; to date,
$540-million has been spent on this develop-
ment. By the late seventies, weapons will
come into existence that will make even to-
day's emerging MIRV's look crude. Instead
of "dumb" warheads that pursue a fixed
ballistic course, the new systems will feature
"semismart" reentry vehicles that home on
their targets?and even take evasive action
to avoid interception.
The art of projecting bombs is very old,
dating back to very early days of -warfare,
but it did not start to become a science until
Niccolo Fontana Tartaglia, an Italian mathe-
matician, studied trajectories. His treatise
on gunnery, first published in 1537, con-
tained an observation that bears reproddc-
tion now:
"One day, meditating to myself, it seemed
to me that it was a thing blameworthy,
shameful and barbarous, worthy of severe
punishment before God and man, to wish to
bring to perfection an art damageable to
one's neighbor, and destruction to the hit-
man race."
Tartaglia's self-admonition seems most re-
mote from the ballistics of the James Madi-
son, which puts out to sea this year and
which in January of next year will be de-
ployed with Poseidons on board. But Tar-
taglia was surely on target with his thoughts
when we realize that a single nuclear sub-
marine could visit the nuclear destruction of
160 Hiro,shimas on another nation,
THE GREAT AUTOMOBILE
CONSPIRACY
HON. WILLIAM F. RYAN
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 26, 1970
Mr. RYAN. Mr. Speaker, Americans
throughout the country have begun to
realize how very serious the problem of
pollution is?in the air, in the water, and
on land.
Many of them have also come to re-
alize that they must do whatever they
personally can to help improve our en-
vironmental quality.
One type of pollution?that in the
air, is costly in dollars and in health.
And one of the primary polluters of the
air is the automobile.
Some people feel that their personal
involvement in the fight against pollu-
tion equipment when they buy a new
car. Such equipment is available as a
result of the strict automobile emission
standards in the State of California.
But recently, there have been reports
that some people have been virtually
prevented by the automobile industry
from making their automobiles pollu-
tion free.
According to Jack Anderson, whose
column today discusses this "Car Run-
around," both the Ford and Chrysler
motor companies are attempting to dis-
courage the sale of the auto pollution
equipment on new cars being sold in
States other than California. And for
those who are determined enough to in-
sist upon the antipollution equipment,
the companies make it a slow and
arduous process.
The question is why is the Federal
Government so far behind the govern-
ment of the State of California? Cer-
tainly, there should be national auto
emission standards equal to, if not
greater than, those of California.
For too long, the automobile com-
panies have been promising that they
would do their utmost about the prob-
lem of pollution. But promises they made
15 years ago are still unfulfilled. Little
or nothing has been done despite the
fact that automobile pollution has been
a problem for years.
It is obvious that the American peo-
ple cannot allow the automobile indus-
try make the decision for them as to how
soon the automobile will be pollution
free.
The time for begging and cajoling the
industry to do something has gone. We
must have action, and the way to spurn
such action would be for the Federal
Government to get tough with the
manufacturing.
We have been too lax, too long about
adequate automobile emission stand-
ards and by doing so, we have slowed
cloyn the antipollution process.
The State of California has taken
the lead. The time has come for the
Federal Government to take its rightful
place in the leadership against automo-
tive pollution.
If American citizens are willing to pay
for antipollution devices on their cars,
they should be able to obtain them.
The time has come for the Federal
Government to stop pussyfooting around
with the auto industry.
The time has come for the Federal
Government to show the automobile
manufacturers that it means business?
that air pollution is destroying our envi-
ronment and will be wiped out.
I include in the RECORD the portion of
Jack Anderson's "The Washington
Merry-Go Round" which appeared in
the February 26 Washington Post and
deals with this subject:
THE WASHINGTON MERRY GO-ROUND:
CAR RUNAROUND
If anyone outside California walked into a
Ford or Chrysler showroom and ordered a
E 1433
new car with the advanced air pollution
equipment now required by California law,
he would be told he couldn't have it.
Although the devices are the best available,
this column has learned that Ford and
Chrysler are actively discouraging their sale
outside California.
The price manuals issued by both com-
panies to their dealers across the country
state unequivocally that the special anti-
pollution equipment is available on Cali-
fornia cars only.
Furthermore, the Chrysler computer sys-
tem is programmed to reject automatically
any order for the equipment should one
come in from one of the other 49 states.
Spokesmen for both Ford and Chrysler,
nevertheless, acknowledged to this column
that there was no reason why a determined
buyer, willing to wait a little longer for his
new car, could not obtain the special device.
Thus both companies admit they have
Issued false information to their dealers,
which is bound to discourage the purchase
of pollution-control equipment.
The equipment in question is a system
which curbs pollution from the evapora-
tion of gasoline in fuel lines, tanks or car-
buretors. It costs about $41:).
A Ford spokesman said the company
"thought it was advisable to test this system
for a year to perfect the design and service
techniques" .before making the equipment
available nationally.
He acknowledged, however, there was no
doubt that the system worked effectively and
he said no particular service problems had
been encountered.
YOUTH SERVES AMERICA
HON. ROBERT PRICE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 26, 1970
Mr. PRICE of Texas. Mr. Speaker, as
we are all too well aware, militant youths
have vented their venomous spleen on
many of our social institutions. In the
process, the police departments in many
of our Nation's cities and towns have
been targets of vicious attacks.
To find a vivid illustration of the type
of behavior I am referring to, one need
turn no further than the just concluded
Chicago conspiracy trail. Regrettably,
behavior such as the defendants exhib-
ited before and during the trial has been
the subject of extended treatment by
the media and the press. In fact, it seems
that whenever youthful groups of mili-
tant malcontents gather and demon-
strate, the media and the press is there
to record and circulate their outrageous
activities. While I am confident that such
is not the case in every instance, this
happens so often that in the minds of
many adults, American youth in general
is becoming increasingly suspect.
As a direct result of this growing cli-
mate of dissatisfaction with youth, there
is a tendency on the part of some peo-
ple to overlook the fact that most Amer-
ican youths are not militants of anar-
chists. On the contrary, many of them
are vitally concerned with the state of
the Nation. In addition, their concern
takes a positive rather than a negative
direction.
Mr. Speaker, I would like to bring to
the attention of my colleagues one ex-
ample of the kinds of positive actions
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E 1434 CONGRESSIONAL RECORD ?Extensions of Remarks February 2 77 1970
The one-square-mile Isla Vista community
is populated mainly by apartment-dwelling
students from the ad 1 Scent University af
California campus six sidles north of Santa
Barbara.
The demonstrators, numbering 1,000 last
night, said they were protesting the war in
Vietnam, the "eapitalisi eetaletielarnent," that
financed it, and what a student spokesman
called "Increasing police repression aimed at
stifling political dissent."
One demonstrator, Kevin McElhinny, 17.
that youth is taking in an effort to con-
tribute to society.
An editorial appearing 'earlier this
week in the Washington Evening Star
stated that more than 125 college stu-
dents have registered to take the civil
examinations for the New York City
Police Department. These students are
not attempting to join the police force in
an attempt to fulfill childhood dreams
and fantasiers; rather, they are trying
to render a greatly needed CoMinaDeity
service. They realize what the militants
ignore; namely, that creative involve-
ment in social problem-solving, and not
senseless destruction of social institu-
tions is the true measure of individual
concern.
The students in the New York ex-
periment are not fleeing to Canada to
evade their military obligations; neither
are they traveling to Cuba to harvest
Castro's sugar cane. Instead, they are
working within society in an effort' to
improve society. This is the right way,
this is the American way.
I urge all my colleagues to read the
following editorial. Perhaps the budding
New York program should be experi-
mented with throughout the Nation.
After all, municipal police departments
deserve the best of everything America
has to offer. Both the needs of social
order and the needs of social justice de-
mand nothing less.
The editorial follows:
COLLEGE COPS
In New York City, more than 125 upper-
classmen at Harvard, Yale, and Princeton, as
well as Union Theological Seminary other
colleges, have signed up to take the New
York City examination for the police force.
They are not dropouts, actual or potential.
They are, presumably, students concerned
with the future of their society and their
own contribution to that future. They also
are students who have heard the powerful
persuasion of New York Police Se/go:int
David Dusk, a 1957 Amherst graduate now a
Ph.D. candidate in public administration and
sociology at New York University.
Sgt. Durk's plea is simple and to the point.
"If you really care about cities," he tells po-
tential recruits, "if you really care about
Individual people, don't join the Peace Corps
or VISTA. Become a policeman."
This statement flies in the face of the
conventional wisdom of the New Left, in
which police are "pigs" and oppressors of the
masses, but as Sgt. Durk goes on to say, "The
victims of crime today are overwhelmingly
poor and mainly black. As a cop you can have
a real and emmediate impact on the lives of
people that is totally unlike any other alter-
native before you."
Sgt. Durk's program makes sense from
every point of view: the raising of the sights
of the police force as a community service
organization, the channeling of youthful
Idealism into effective outlets and even such
more distant goals :13 the breaking down of
false occupational barriers raised by the in-
crease of the college population.
The program he speaks for is a very hope-
ful one as part of the continuing attack on
the problems of the cities. May it be success-
ful in New York and, be adapted to other
cities, including our own..
CALIFORNIA BANK BURNED?
COMMUNIST AGITATION AND
PROPAGANDA?III
HON. JOHN R. RARICK
OP LOUISIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, Febr4as:ft?MI-49Zt.&
Mr. RARICK eMr. Speaker, a Weire
service story in Santa Barbara, CaRC:a San Jose, Calif., said ale bank Was under
recounts thturning of a bank in v hat is \siege "because it was 1 tare, it was the big-
gest ,capitalist establishment thing around."
euphemis ally referred to as a "disor-
Another demonstrator who wouldn'tive
ills name said the bank "is an exameleg
der" in e Isla Vista community, 6 miles d
of
from e CaMplei of the University of American capitalism watch is killing -people
Calif' tia. all around the world and in the United
tory also reports that William M. States."
er, who is under sentence for The outbreak of fire, and window smash-
cri nal contempt of court in Chicago,
ing followed a campus 'speech yesterday aft-
ma a "campus speech" which was fol-
ernoon by William M. Kunstler, a defense
attorney in the Gbieso riot trial, All the
lowe by the outbreak of fires and Win- windows of the mteans. bank branch were
dow shing. Readers of the Washing- smashed in the start ol the trouble Tuesday
ton Sta however, are not told that the afternoon.
rioting an burning followed a harangue Sheriff James W. Webster had described the
situation as "completely out of hand" last
by Kunstler which he repeatedly urged
evening. He asked Gar, Ronald Reagan for
his young 1 tiers to "take to the
streets" in supp of the revolution. National Guard troops, but Guardsmen were
not mobilized.
The California eplvide is typical of the The bank fire was set by several protesters
standard technique ofG mmunist agita- who rolled a gasoline-soaked trash bin in
tion following conviction any of their through a smashed window, and set it ablaze
number. It is the course ofa.ction which against a wail, deputies said. Students from
all of us can expect as lo subve Ives. ng there is a nearby fraternity put out the blaze, but
any Possible gain for the
protesters fired it up aealn just before mid-
Since Kunstler is supposed to defend night.
Before the sweep of the area, helicopter
H. Rap Brown in another riot and ar- officers using a bullhorn Wad a powerful spot-
son case in Maryland next month ag is light ordered the demonstrators to disperse.
not a bad idea for the appropriate \au- but few did.
thorities in the Free State to consieler Shortly before the bank fire, demonstrators
whether or not his conduct as an offi r overturned and burned a patrol oar after the
two outnumbered deputies fled It was the
of other courts merits his admission
an officer of the Maryland courts eve second patrol car burning of the three-day
.
pro hac vice, or whether he should be disturbance.The bank manager said an undisclosed
denied a forum for further incitement to aaricamt of money was in the bank's fireproof
violence, vault and he did net expect to find it
Notably, the appropriate authorities in magma
Firemen had been ordered to stay away
the District of Columbia are looking into
om the bank blaze far fear demonstrators
disciplinary proceedings in the case of
Virginia ACLU attorney Philip Hirsch-
ight attack them.
"We went to the fire but the sheriff's men
kop, sentenced for a similar contempt by 1 ed across the street wouldn't let us by,"
a Federal judge here. d Fire Capt. Clarence Saletti. "They
Pertinent newsclippings are included 'ared for our lives be mime of the demon-
in my remarks: ratars."
[From the Washington Star, Feb. 26, 1970] -- -
EIGHT HUNDRED PROTESTERS BURN BANK
[From the Washington Star, Feb. 26. 19701
I
SANTA BARBARA COTJRT DISCIFLINE PANEL PROBES ''D.C. 9"
LAW yea
SANTA BARBARA, Guar.?Rampaging de n-
atratois protesting the "capitalist es lish- (By Donald Hirzel)
meat" burned down a Bank ? meriea Lawyer Philip Hirsclikop, who received a
branch early today while outnu reel police 30-day jail sentence for contempt during the
and firemen watched helplasela. recent trial of the "D.0 9," has been referred
Police reinforcerfients were called in as to the U.S. District Geurt's Committee on
about 800 protesters watched the flames burn Admissions and Grievances for cliscipli-
out the inside of the one-story, brick build- nary action,
lag. Then a solid front of 240 helmeted oft- Hirstihkop's ease was turned over to the
cars swept through the campus community, committee by Judge Jolla H. Pratt, who pre-
Isla Vista, dispersing the crowd without a sided at the trial of the nine defendants
confrontatior.. charged with vandaliving the Washington
Retreating protesters threw rocks at ad- offices of the Dow Chemical Co.
vancing polieemen? injuring 15 to 20 eff The committee could reprimand Hirsch-
them?none seriously?deputies said. kop, suspend him from practice or disbar
Police said they .0iTested 34 young persons him.
for investigation of failure to disperse. The judge refused to comment on the sit-
Deputies said later the situation was nation yesterday, but it was learned that the
"pretty much under control" and that 051- committee already has reviewed the train-
cars were dispersing about 200 steagglers script of the trial for evidence of contempt
scattered along streets and alleys. by Hixechkop.
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February 6, 1970 CONGRESSIONAL RECORD ? Extensions
Write to these people?phone these
people?tell them what is happening to your
Children. Ask them to help. Ask them to
call on their Congressmen and Senators for
help.
Finally, we must all remember that we are
right. That in the end, right will triumph,
even though there may be a rough road ahead
for a few months. Right and justice are on
our side, and we shall prevail.
So let's all work together, confident that
what we do to protect our children will
succeed.
Freedom of choice is still the law of the
laud, and the law of the land is on our side.
ACDA, STATE, AND DOD REPLY ON
U.S. GOALS AT SALT TALKS
HON. LEE H. HAMILTON
OF INDIANA _
IN THE HOUSE OF REPRESENTATIVES
? Thursday, February 5, 1970
Mr. HAMILTON. Mr. Speaker, I
thought it would be of interest to my
colleagues to read some recent corres-
pondence between the Arms Control and
Disarmament Agency, the State Depart-
ment, the Defense Department and my-
self on the issue of our goal at the SALT
talks. The letter to the ACDA is identical
to those sent to the other two agencies.
While I found part IV of Secretary Rog-
ers' speech, included below, most infor-
mative, I am still rather disappointed at
the minimal amount of information
being given to the Congress on this most
urgent topic. Our need to be adequately
briefed on the issues must not be slighted.
The material referred to follows:
Di/Cm:arm 8, 1969.
GERALD C. SWITTN,
Director, Arms Control and Disarmament
Agency, Washington, D.C.
DEAR MR. SMITH: I would like to know what
our goal is at the SALT talks.
Are we seeking a formalized treaty ar-
rangement, or a more informal agreement to
pursue parallel strategic arms limitations?
- The distinction is an important one.
I look forward to hearing from you on this
Matter.
Sincerely,
trs H. HAMILTON, M.C.
U.S. ARMS CONTROL
AND DISARMAMENT AGENCY,
Washington, D.C., December 11,1969.
Hon. LEE IL HAMILTON,
House of Representatives,
Washington, D.C.
DEAR CONGRESSMAN HAMILTON: Thank you
for your letter of December 8, 1969 inquiring
about the arrangements that might emerge
from SALT.
A most helpful statement regarding the
goals of these talks was made by Secretary
...Rogers in his speech of November 13. I have
enclosed a copy of that speech. Also en-
closed is a copy of the President's message
to Mr. Smith at the opening of the talks.
. At this time I believe it is too early to
forecast precisely what form the ultimate
arrangements might take. Those arrange7
ments would, of course, have to be consistent
with the requirements of the Constitution
and the relevant statutes.
I hope the attached material will be help-
ful, and we appreciate your interest in this
most important subject.
Sincerely,
WILLIAM W. HANCOCK,
General Counsel.
ADDRESS BY HON. WILLIAM P. ROGERS, SECRE7
TART OF STATE, NOVEMBER 13, 1969
STRATEGIC ARMS LIMITATION TALKS
Next Monday in Helsinki the United States
and the Soviet Union will Open preliminary
talks leading to what could be the most criti-
cal negotiations on disarmament ever un-
dertaken. The two most powerful nations on
earth will be seeking a way to curb what to
date has been an unending competition in
the strategic arms race.
The Government of the United States will
enter these negotiations with serious pur-
pose and with the hope that we can achieve
balanced understandings that will benefit
the cause of world peace and security. Yet we
begin these negotiations knowing that they
are likely to be long and complicated and
with the full realization that they may not
succeed.
While I will not be able to discuss specific
proposals tonight, I thought it might be
helpful to outline the general approach of
our government in these talks.
of Remarks
In brief the nuclear deterrent, dangerous
though it is, has worked.
The present situation?in which both the
United States and the Soviet Union could
effectively destroy the other regardless of
which struck first?radically weakens the
rationate for continuing the arms race.
Competitive accumulation of more sophis-
ticated weapons would not add to the basic
security of either side. Militarily it probably
would produce little or no net advantage.
Economically it would divert resources need-
ed elsewhere. Politically it would perpetu-
ate the tensions and fears that are the social
fallout of the nuclear arms race.
So a capacity for mutual destruction leticiS
to a mutual interest in putting a stop to the
strategic nuclear arms race.
Nonetheless technology advances remorsfi-
lessly. It offers new opportunities to both
sides to add to their offensive and defensive
strategic systems. Both sides find it difficiflt
to reject these opportunities in an atthos-
phere of rivalry and in the absence of a veri-
fiable agreement. It raises temptations US
seek strategic advantages. Yet now such 'ad-
vantages cannot be hidden for long, and both
sides will certainly take whatever counter-
measures are necessary to preserve their
retaliatory capability.
This is the situation in which the two sides
now find themselves. Where national security
interests may have operated in the past to
stimulate the strategic arms race, those same
national security interests may now operate
to stop or slow down the race. The question
to be faced in the strategic arms talks is
whether societies with the advanced intel-
lect to develop these awesome weapons of
mass destruction have the combined wisdom
to control and curtail them.
E 745
Nearly a quarter of a century ago, when we
alone possessed nuclear power, the United
States proposed the formation of a United
Nations Atomic Development Authority with
a world monopoly over all dangerous aspects
of nuclear energy. This proposal might well
have eliminated for all nations the dangers
and burdens of atomic weapons. Unhappily,
as we all know, it was rejected.
The implications were obvious. Others in-
tended to develop nuclear weapons on a na-
tional basis. The United States then would
have to continue its own nuclear program.
It would have to look to its own security in
a nuclear-armed world. Thus we established
a national policy of maintaining nuclear
weapon strength adequate to deter nuclear
war by any other nation or nations. It was
our hope then, as it is now, to make cer-
tain that nuclear weapons would never again
be used.
The intervening decades have seen enor-
mous resources devoted to the development
of nuclear weapons systems. As both sides
expanded their force levels an action/reaction
pattern was established. This pattern was
fed by rapid progress in the technology of
nuclear weapons and advanced delivery sys-
tems. The mere availability of such sophisti-
cated technology made it difficult for either
side by itself to refrain from translating that
technology into offensive and defensive
strategic armaments.
Meanwhile, strategic planners, operating
in an atmosphere of secrecy, were obliged to
make conservative assumptions, including
calculations on what became known as the
"worst case." The people responsible for
planning our strategic security had to take
account of the worst assumptions about the
other's intentions, the maximum plausible
estimate of the other's capabilities and per-
formance of our own forces. The Soviets no
doubt did the same.
Under these circumstances it was difficult
during these many years for either side to
conclude that it had sufficient levels of
destructive power.
II
Yet that point in time has now clearly
been reached. As absolute levels of nuclear
power and delivery capability increased, a
situation developed in which both the United
States and the Soviet Union could effectively
destroy the society of the other, regardless
of which one struck first.
There are helpful mutual restraints in such
a situation. Sane national leaders do not
Initiate strategic nuclear war and thus com-
mit their people to national suicide. Also
they must be careful not to precipitate a
conflict that could easily escalate into nu-
clear war. They have to take elaborate pre-
cautions against accidental release of a nu-
clear weapon which might bring on a nu-
clear holocaust.
III
In point of fact, we have already had
some successes in preliminary limitations.
We have a treaty banning military activi-
ties in Antarctica.
We have a treaty banning the orbiting of
weapons of mass destruction in outer space
and prohibiting the establishment of mili-
tary installations on the moon or other
celestial bodies.
We have reached agreement with the Soviet
Union on the text of a treaty forbidding the
emplacement of weapons of mass destruction
on the ocean floors, about to be considered
at the United Nations General Assembly.
These are agreements not to arm environ-
ments previously inaccessible to weapons.
Manifestly there are fewer obstacles to such
agreements than there are to agreements
controlling weapons already deployed or
under development.
But even in already ''contaminated" en-
vironments there have been two important
control agreements:
We have negotiated and ratified a Test
Ban Treaty prohibiting the testing of nuclear
weapons in the atmosphere, under water, and
in outer space.
We have negotiated and are prepared at
any time to ratify simultaneously with the
Soviet Union, a Nuclear Non-Proliferation
Treaty.
It should be pointed out, though, that the
main objective of a Nuclear Non-Prolifera-
tion Treaty is to prevent non-nuclear powers
from acquiring atomic weapons. The treaty
does not restrain any of the present nuclear
powers from further development of their
capabilities. The non-nuclear countries
therefore tend to look upon the treaty essen-
tially as a self-denying ordinance.
Accordingly, during the negotiations they
insisted upon asaurances that the nuclear
powers would seriously pursue strategic arms
negotiations. We concurred and incorporated
a paragraph in the treaty which would re-
quire us to do so.
I mention this to underscore two points.
First, that the disarmament agreements pre-
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E 746
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CONGRESSIONAL RECOIL]) ? Extensions of
viously concluded have widely been regarded In pursuit of this balanced strategy of
as confidence building, preliminary steps security we will enter the Helsinki talks with
which hopefully might lead to more mean- three obtectivits:
ingful agreements on strategic arms. Sezonct, To enhance interrational security by main-
when the United States and the Sevlet tattling a stable US-Soviet strategic relation-
Union ratify the NPT, they will agree to ship through limitations on the deployment
undertake negotiations in good faith for a of strategic armaments.
cessation of the nuclear arms race.
To halt the upward spiral of strategic arms
le and avoid the tensions, uncertainties, and
ootts of an unrestrained continuation of the
However, given the complexity of the sire- strategic mew race.
tegie situation, the vital national interesta
To reduce tee risk of an outbreak of nu-
involved, and the traditiOnal impulses to clear war through a dialogue about issues
seek protection in military strength it is arising from the strategic situation.
easy to be cynical about the prospects for
Some say that there will be risks in such a
the talks into which we are about to enter.
process. But it is easy to focus too much on
Nonetheless some basis for hope exists.
the risks that would accompany such a new
First is the fact that the talks are being
environment and too little on the risks of
held at all. The diplomatic exchanges lead- the one in which we now live. Certainly such
ing up to these talks were responsible in
nature. Arid the talks themselves will require
discussion of military matters by both aide-,
in which the veil of secrecy will have to be,
if not lifted, at least refashioned. These
factors lead us to the hope that the talks
are being entered intc seriously.
Second is the matter of timing. Previous
disparity in nuclear strength has been suc-
ceeded by the situation of sufficiency of
which I have already spoken. And because
this condition will continue for the foresee-
able future the time then seems to be pro-
pitious for considering how to curb the race
In which neither side In all likelihood can
gain meaningful advantage.
Thirdis a mutuality of interest. Under
present circurnstancee an equitable lirrate.-
tion on Strategic nuclear weapons wotild
strengthen the national security of both
sides. If this is mutually perceived?if both
sides conduct these talks in the light of
that perception?sthe talks may accomplish
an historic breakthrough in the pattern of
confrontation that has Oharacterized tae
postwar world.
May I pause to point out again that I do
not Wish to predict that the talks will be
easy or that progress is imminent or for
that matter likely. Mutuality of interest for
states accustomed to rivalry is difficult to
perceive. Traditions are powerful, Tempta-
tions to seek advantage run strong. Develop-
ments in other areas are bound to have an
impact on these discussions.
Both parties will approach the talks with
great caution and pursue them with :im-
maculate tare. The United. States and the
Soviet Union are entirely capable of pro-
tecting their vital interests and can be
risks are minimal compared to the benefits
'or mankind which would flow from success.
r am confident that this country will not let
-town its guard, lose its alertness, or fail to
maintain adequate programs to protect
against a collapse or evasion of any strategic
arms agreement. No delegation to any dis-
armament negotiation has 'ever been better
prepared or better qualiiied than the United
State delegation. Tae risks in seeking an
agreement seem to be manageable, insurable,
and reasonable ones to run. They seem less
dangerous than the risksof open-ended arms
competition?risks about which we perhaps
have become somewhat callous.
I have mentioned the rewards of progress
in terms of international security, world
arder, and improved opportunities for re-
placing a sta:Pmated confrontation with
process of negotiatiens.
But there are also other stakes in these
talks that come closer to home. On both
sides of this strategic race there are ur-
gent needs for resources to meet pressing
domestic needs.. Strategic weapons cannot
salve the problems of how we live at home,
or how we live in the world in this last third
of the Twentieth Century. The Soviet Union.
uhicia devotes a much larger proportion of its
national resources to armaments than do we.
hoist see this as well.
Who knows the rewards if we succeed in
diverting the energy, time and attention?.
tire manpower and brainpower?devoted to
ever more sophisticated weapons to other
and more worthwhile purposes?
Speaking before th a United Nations Gen-
es al Assembly two months a.go, President
counted upon to do so. So there is little Nixon said that he hoped the strategic arms
chance that either side would accept an out- talks would begin socn because "there is no
come that leads to its net national clisact- more important, task before us.' And he
vantage. In our ease also we would not agree added that we must "make a determined ef-
t(' anything adversely affecting the national fort not only to limit the build-up of stra-
interests of our allies, view will continue le tegic arms, but to reverse it."
be oonsulted as Use balks develop. Just last week President Podgorny of the
On the other hand we must also recognize Soviet Union said: "A positive outcome of
that a prime technique of international pet the talks would undoubtedly help improve
ince?as of other pplitlas--is talk. If these Soviet-American relations and preserve and
talks are serious they can lead to better st sengthen the peace." To that I say "Amen."
itederstanding on both sides of the rationales He added that: "The Soviet Union is striv-
behind strategic weapons decisions. This in ing to achieve precisely such results." Well,
itself might provide a climate in which ta so are we: and in this we have the support
avoid compulsive decisions, of the military services, of the Congress, and
Talks need not necessarily cali for an ex- of the American people.
plicit agreement at any particular sta,ge. ro that end this Government approaches
Whether we can slow down, stop or even- the Strategic Arms Limitations Talk in sober
tually throw the arms rape into reverse, re- and serious determination to do our full
mains to be seen. It also remains to be seen part to bring a halt to this unproductive
whether this be by a formal treaty or tree- and costly competition in strategic nuclear
ties, be a series of agreements, by parallel armaments.
action, or by a convergence of viewpoints re-
sulting from a better understandingof le- --
spective positions. MESSAGE FROM THE PRIMIDENT TO AMBASSADOR
What counts at this point is that a dialogue GERARD SMITH AT THE OPENING OE' THE
Is beginning about the treenageinent of the 'iTRATEGIC ARMS LIMITATION TALKS AT
strategic relations of the two suPerpowers on HELSINKI, FINLAND
a better, wafer, cheaper basis than unco.n- lou are embarking upon one of the most
trolled acquisition of still more weapons, mernentout negotiations ever entrusted to
The United States approaches the talks as an American delegation.
an opportunity to rest our security on what I do not mean to belittle the past. The
I would call a balanced strategy. Antarctic Treaty, the Limited Test Ban
Remarks Feb uary 6, 1970
Treaty, the Outer Spew Treaty, and most
recently the Non-Proliferation Treaty, which
we hope will soon enter into force, were all
important steps along -he road to interna-
tional security. Other leeks remain on the
agenda of the United Nitions and the Con-
ference of the Commitlee on Disarmament.
Today, however, you will begin what all of
YOtIr fellow citizens in the United States and,
I believe, all people throughout, the world,
profoundly hope will bo a sustained effort
not only to limit the 1 und-up of strategic
forces but to reverse it.
I do not undereetim te the difficulty of
your task, the nature of modern weapons
makes their control an exceedingly complex
endeavor. But this vent fact increases the
importance of your effori
Nor do I underestimate the suspicion and
distrust that must be di teelled if you are to
succeed in your assignment.
I am also conecious c;* the historical fact
that wars and crises between nations can
arise not simply from the existence of arms
but from clashing interests or the ambitious
pursuit of unilateral interests. That is why
we seek progrets toward the solution of the
dangerous political issue.; of our day.
I am nevertheless hopeful that your ne-
gotiations with representatives from the So-
viet Union will serve to ncrease mutual se-
curity. Such a result is possible if we
approach these negotiationt recognizing the
legitimate security interests on each side.
I have stated that for cur part we will be
guided by the concept or maintaining "suf-
ficiency" in the forces lequired to protect
ourselves and our allies, l recognize that the
leaders of the Soviet Union bear stuffier de-
fense responsibilities. I believe it is potsible,
however, that we can carry out our respec-
tive responsibilities under a mutually ac-
ceptable limitation and eventual reduction
of our strategic arsenals.
We are prepared to discuss limitations on
all offensive and defensive systems, and to
reach agreements in which both sides can
have confidence. As I stated in my address to
the United Nations, we are prepared to deal
with the issues seriously, carefully, and pur-
posefully. We seek no unilateral advantage.
Nor do we seek arrangemente which could
be prejudicial to the interests of third par-
ties. We are prepared to engage in bona fide
negotiations on concrete Issues, avoiding
polemics and extraneous II ratters.
No one can foresee what the outcome of
your work will be. I believe your approach
to these talks will demonstrate the serious-
ness of the United States to pursuing a path
of equitable accommodation. I am convinced
that the limitation of strategic arms is in
the mutual interest of our country and the
Soviet Union.
DEPARTMS NT OF STATE,
Washington, D.C., December 17, 1969.
HOTI. LEE H. HAMILTON,
House of Representatives,
Washington, D.C.
DEAR CONGRESSMAN HAMILTON: The Secre-
tary has asked me to reply to your letter of
December 8 concerning SAI,T.
I understand that Mr. William W. Han-
cock, the General Counsel of ACA, has
already written to you in response to an
identical letter you sent to that Agency. As
he pointed out, it is too early to forecast
what form possible arrangements that might
emerge from SALT would take. Whatever the
arrangements, they would, of course, be de-
signed to conform to Ci institutional and
statutory requirements.
Thank you for your interest in these
negotiations. As the Secretary has indicated,
progress thus far in the preliminary talks
has been encouraging.
Sincerely yours,
H. G. ORBERT, Jr.,
Acting Assistant Seereary for Congres-
sional Relations,
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February 6, 1970 CONGRESSIONAL
ASSISTANT SECRETARY OF DEFENSE,
WaS7q/1007t, D.C., December 22, 1969.
Hon. LEET1.11AmMrox,
House of Representatives,
Washington, D.C.
DEAR MR. HAMILTON The Secretary of De-
fense has asked me to reply to your letter of
December 8, 1909, concerning our goal at the
SALT talks.
I agree with you that there is an important
distinction between a formalized arms limita-
tion treaty and an informal agreement. How-
ever, at this early stage of our contacts with
the Soviet Union, it would be inappropriate
for the Department of Defense to make any
statement on the desired form of agreement.
The results of the complex negotiatioris on
the content of a possible agreement will cer-
tainly influence the President's decision with
respect to its form.
I trust you will understand that we cannot
supply a more explicit response to your
question at this time.
Sincerely,
'IrtIAN-LI Wu,
Deputy Assistant Secretary.
A 16-YEAR-OLD'S ivIATtfrrx REFLEC-
TIONS ON THE PQNSTIT'UTTON
HON. VANCE HARTKE
QV nitar.Alga
IN THE SENATE OF THE UNITED STATES
Friday, February 6, 1970
Mr. HARTKE. Mr. President, on a
recent trip to my native soil in southern
Indiana my attention was called to a
speech given not long ago by a16-year-
old student at Tell City High School, Mr.
William Harry Hollander. Presented to
Post No. 2113 of the American Legion,
the speech stresses those dynamic and
creative elements in our Constitution
which help to keep it a vital and living
document in a changing world:
I was so struck by the thoughtfulness
and cogency of young Mr. Hollander's
reniarks that I wanted to share them
with Senators. I, therefore, ask unani-
mous consent that Mr. Hollander's
speech be printed in the RECORD.
There being no objection, the speech
was ordered to be printed in the RECORD,
as follows:
THE CONSTITUTION IN A CHANGING WORLD
In 1787 one of the most Important docu-
ments in the history of mankind was writ-
ten. The United States Constitution, drafted
at a critical point in our nation's history, was
intended to bind the young nation together
and it did that job well. The United States
had suffered through -a period of economic
and political instability in the years imme-
diately following the revolutionary war. The
weak framework for the law of the land, The
Articles of Confederation, was clearly not
strong enough to hold the nation together
for very long and so the states decided to
strengthen the Articles by calling a conven-
tion to reform them in 1787. Fortunately, the
men
appointed to the convention were fore-
sighted enough to see that the articles should
be discarded and a new constitution written.
"The whole human race will he affected by
the precedings of this convention", said Gov-
ernor Morris, who headed the committee that
eventually wrote the final draft. The dele-
gates faced a tremendous challenge. The ex-
amples of the past suggested the seeming
impossibility of a large-scale republic. But
RECORD?Extensions
this revolutionary generation was not dis-
mayed and eventually that is what they
called for. When the convention was finished
Benjamin Franklin, who was one of the dele-
gates, was asked by a a lady, "Well, Doctor,
what have we got a republic or a monarchy?"
"A Republic," replied the sage, "if you can
keep it."
Remarkably, America has kept it. The fail-
ure of others to do so points up the stability
of our constitution. In the period of Ameri-
can history since the constitution was
adopted France has gone through five con-
stitutions and has switched from a republic
to a monarchy and back to a republic. In
1789, again in 1848, and once again in 1871
France was hit with uprisings not planned
and instigated by conspirators but rather
spontaneous revolutions by the mass of the
French people and in 1948 virtually the en-
tire continent of Europe was hit as well. Rus-
sia may provide the best example of a revolu-
tionary climate. Its' rulers frankly proclaimed
autocracy the first and best principle of
goVernment. In 1917 the autocrats fell and
the communists took power. But these are
not the only examples. History is filled with
the stories of governments that failed to keep
-up with times and were overthrown.
Somehow, America has escaped violent rev-
olution. Only once in our one hundred-
ninety year history has the strength of the
government been seriously jeopardized. It is
not that America has not had its dark mo-
ments. Many foreign governments would have
toppled during the depression of the 1930's
but even at that time the American govern-
ment remained stable, sustained by a new
President elected in the midst of that de-
pression. Political assassinations have top-
pled governments in other nations, yet the
United States passed sadly but smoothly
through the assassinations of four American
Presidents in its relatively short history.
What is the key to America's stability? I
feel that it lies in the Constitution, the
backbone of our system. Certainly few na-
tions can boast of a constitution that has
not been rewritten in two centuries and
fewer still can boast of a more stable gov-
ernment today.
Violent revolution is virtually impossible
In a nation whose political system is, by
definition, concerned with the rights and
interests of every citizen. But, in a nation of
200 million it is easy for the system to become
detached from the people and if a nation is
to survive it must keep in touch with the
people, and with the times. That is where
the American system, as outlined in the Con-
stitution excels.
History shows us how times change. The
French monarchial system had worked for
many years but by 1789, when it was over-
thrown, it was obviously not working. For
years the Russian people lived under autoc-
racy but finally in 1917 they grew tired. In
both cases the times had changed but the
governments had not. Here in the United
States one could hardly expect a'constitution
written when only four million people lived
in this country and the best roads were those
of packed mud to effectively govern a nation
of 200 million in the jet-age without chang-
ing drastically. And it is true: America's
Constitution has changed. The ideas set
forth in 1787 remain but the forms of these
ideas are unrecognizable.
The United States Constitution has many
built-in methods of change. Three are very
obvious. The first one is perhaps the most
exciting and the most dramatic example of
democracy in action. That is, of course, the
election. Through a national election every
four years and periodic state and local elec-
tions, Americans can vote to in effect "over-
throw" their government. Certainly the re-
sults of many past elections have made radi-
cal changes in government policy. But, It
must be pointed out that these changes were
of Remarks E 747
made peacefully and by the will of the
majority of the people. The second method,
making amendments to the constitution is
used less frequently, but can make just as
dramatic a change in the nation. The United
States Constitution has been amended only
fifteen times since the Bill of Rights was
adopted in December of 1791. But some of
our most important and controversial
changes have come about by amendments.
The third method is probably used the
most, yet recognized the least. That method
lies in the awesome power of the courts to
interpret the constitution. By changing in-
terpretations to fit the times the federal court
system is largely responsible for keeping the
constitution one of the most important and
respected documents in our changing world.
But, if this document is to help us solve
the problems facing our nation today we
must first resolve to live under it. Those who
preach violent revolution, no matter how
small a minority they are, are ignoring the
basic idea of the constitution: peaceful
change. They cannot be allowed to inflict
their methods on the government, though if
we, as a government, are to survive we must
at least listen to the views of all people. We
must learn from the histories of other gov-
ernments that a group of people whose views
are not listened to and heeded by the gov-
ernment are inclined to do away with or at
least violently change that government. We
have seen that America's Constitution pro-
vides for the peaceful change that can make
violent change unnecessary. But, we must
make sure at all times that our machinery
for change is in good working order for if it
falters for even a moment we will be in
serious jeopardy. In these changing times the
constitution is facing a serious challenge but
it has been challenged before and it has
always survived. The Constitution was not
meant to be an old, musty document, spoken
of only in history books but rather a live,
changing guideline for a nation on the move.
As "Time" magazine observed in its January
5th issue of this year, "Most middle Ameri-
cans and most radicals share one blind spot:
they tend to forget that both the form
and the content of the United States govern-
ment have undergone enormous changes over
the years and that the Constitution will tol-
erate much more change without having
the entire system collapse."
Defending the American Constitution alone
is not enough. We must make sure that the
Constitution is in fact keeping up with the
times, is not alienating large groups of so-
ciety, and thus is not in itself breeding revo-
lution.
Abraham Lincoln said in 1861, "This coun-
try, with its institutions, belongs to the peo-
ple who inhabit it. Whenever they shall grow
weary of the existing government they can
exercise their constitutional rights of amend-
ing it or their revolutionary right to dis-
member or overthrow it." To me those lines
represent the most valuable section of the
United States Constitution:?the section
that provides for changing what is wrong.
Today, it may be that our political parties
are growing too detached from the people,
that too few people are choosing our candi-
dates. It may be that younger people, with
increased education, deserve the right to vote
at an earlier age. Dozens of other possible
problem areas in our government have been
pointed out; certainly all do not need chang-
ing, but the least we can do is explore into
them.
That is the challenge of the 1970's: to find
what is wrong and change it while holding
on to what is right. If the constitution will
continue to change, and I think it can, Amer-
ica will gain from the experience.
As Benjamin Franklin told the lady after
the Constitutional Convention, "you have a
republic if you can keep it."
?
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E 748 CONGRESSIONAL RECORD ? Extensions
ADDRESS BY JAMES D. H1TrLE
HON. CHARLES E. CHAMBERLAIN
Or MIciuGatv
IN THE HOUSE OF REPRESENTATIVES
Thursday, February 5, 1970
Mr. CHAMBERLAIN. Mr. Speaker, re-
cently I was privileged 10 introduce the
Honorable James D. ? Hittle, Assistant
Secretary of the Navy for Manpower and
Reserve Affairs, to the Greater East
Lansing Chamber of Commerce, East
Lansing, Mich., who gave a Most enlight-
ening, provocative speech on the current
situation in Vietnam. I commend it to
the attention of my colleagues and in-
clude his remarks in the RECORD:
REMARKS BY HONORABLE JAMES D. /TITTLE,
AKILSTANT SECRETARY OF THE NAVY (MAN-
POWER AND RESERVE AFFAIRS), AT THE AN-
NUAL MEETING OF THE GREATER EAR
LANSING CHAMBER OF COMMERCE, HELLO
CENTER, MICHIGAN STATE UNIVERSITY, EA
LANSING, IVIICH., JANUARY 15, 1970
xraTiorracToax REMARKS
It is a pleasure for me to be with you th
evening. I'm glad to be here for the very
simple but real reason that I can join with
you in remembering the man who was your
friend and my father.
For me to be present on the occasion of
the firtt "Senator Harry F. Hittle Award" is
an experience which I cherish and will long
remember. It is not necessary to speak to
you regarding my father's contributions to
our State, his old-fashioned concept that
public service is a normal duty of citizenship,
and that our form of government is one of
the finest achievements of man.
However, I do want to tell you that from
the rare vantage point of a son observing
his father, r wat impressed early in life by
his devotion to our principles Of law, our
form of governnient, and the essential cora-
mon sense of our citizens. In his quiet and
sincere way, he had a deep and abiding affec-
tion for all of you in this community. As
many of you will recall, he was a man of
great moral strength, and firmness of spirit,
and had the determination to achieve that
which needed to be done for the betterment
of our cornmunity4
At the tame time, along with such
strength of character, he had, as many 'of You
will also remember, deep compassion for his
fellowman. He Was a worthy antagonist in
the courts and in the political forum. Yet, I
well remember that he never had a personal
enemy. He refused to personalize opposition.
In a real sense he lived by the wise, but oft-
forgotten proverb, that life is too Short to
engage in personal animosity.
And so tonight, on behalf of my mother,
my sister, and for myself, I take this occasion
to thank you for remembering my father
with this first annual award which you have
so generously established in his memory.
Tonight I would like to talk with you
about what we all recognize as one of the
most important issues of our time. I refer
to the Vietnam War. I would like to pass
on. to you some of my thoughts 'as to those
who are fighting there for freedom, and also,
mr opinions, based on repeated Visits to
Vietnam, as to the soundness of President
Nixon's policies of Vietriarnization
Let me say right at this point that any-
one today who has serious misgivings about
the character and the patriotism of Ameri-
can youth should go to Vietnam---and those
misgivings will be dispelled? .
Officers and NCOs who have commanded
in World 'War TI, Korea, and now in Viet-
nam, are high in their praise of todars
yoUng American fighting man. They Say
without exception that the young servicen-ian
of Remarks February 6, 1970
today is by far the best we've ever had in the
Armed Forces.
Of course, the reference to the magnificent
services being performed by young Americans
serving in Vietnam brings us squarely face
to face with probably the most important
single issue facing our Nation.
/t is the issue of supporting our Nation
and our Commander-in-Chief?The Presi-
dent?in this difficult time.
It is the natural role of responsible and
understanding American citizens to make it
crystal clear, through a show of patriotic
solidarity that the protesters, the dissenters,
and the faint-hearted are not the nzajority of
the American people.
During my recent visit to Vietnam, I was
repeatedly told by our fighting men, many
tours of duty there,
y hoped tha e President would
pported fully in la ,..yietnamization
icy and the resulting pr?Qperly timed
easured withdrawal of "U.S. Forces. They
Said that if he gets this backing from the
American people?as I am sure he will?their
efforts in South Vietnam will come out suc-
cessfully.
I know that I need not tell you of the dan-
ger of the proposals for a precipitant with-
drawal of U.S. forces from South Vietnam.
The President of the United States clearly
forth the pitfalls of such a dangerous
when he spoke in clear terms to the
eople a few months ago.
ent so well pointed out, such
awal would allow the
e massacres which
Vietnam 15
unists
po
America
As the Pr
a precipitant w
Communists to repe
followed their takeover in
years ago. At that time the
murdered more than 50,000 people an hun-
dreds of thousands more died a slow de"
in the slave labor camps.
And, of course, our precipitant withdrawal
would endanger well over a million Roman
Catholic refugees who fled to South Viet-
nam when the Communists took over in the
north. These are people who value freedom
-of religion and the desire to worship God in
their own way above all worldly possessions.
They left their farms, their homes, their
personal possessions and fled south, often
with little more than their Bible.
On one of my visits to Vietnam I had the
opportunity to talk with one of these Catho-
lic refugees from the north. We sat in a
quiet corner of a side street tem-room in
Saigon. He has, today, a very modest job?
but enough to provide food and some sort of
roof for his family. And, he has, he said,
freedom. I asked him what would happen if
the Communists should take over South
Vietnam. He thought for a moment and said,
"The answer is simple. There would be noth-
ing but torture and death for my family
and myself."
Are those who are today advocating a
precipitant pull-out willing to sacrifice a
million people, such as this man and his
family. Apparently, such sacrifice is accept-
able to some.
Just because the bloodletting and torture
would take place on the other side of th
world doesn't make it ahy more accep
from the moral standpoint':
There's one thing -that should
well know: that freedom is visible, and
that the destruction of freedom anywhere
means the destruction of some freedom
everywhere.
A precipitant withdrawal from South
? Vietnam would mean also, as the President
so pointedly stated, that it would be the
first defeat in our Nation's history and that
it would end worldwide confidence in Amer-
ican leadership.
You and I know full well that no nation
can survive and reach the fulfillment of its
destiny by letting down its friends, breaking
its word, and running scared before the
oppressor.
If history teaches anything, it is that
nations, like people, cannot with impunity
break -their pledge or shirk their respon-
sibilitities.
I am confident that we all shared a sense
of reassurance and new confidence when
the President told the Nation on November
3rd that he was not going to take the easy
way out; he was not going to endanger the
quest for peace by a precipitant withdrawal.
That he would not, in effect, preside over a
retreat that would trigger a disaster of im-
mense magnitude.
By leading us in a policy of standing firm'
on our word, by our pledge, to our allies and
friends, and being iaithful to ourselves, the
President also is moving toward the goal
that Americans devotedly hope for. That
goal is a firm and honorable peace.
We Americans treasure peace but we know
that peace at any price is the easiest thing
to get. All we have to- do to get that kind
of peace is to surrender. We also know that
peace at any price is not really peace. It's
the silent peace of the concentration camp?
the blood splattered wall?the mass graves.
But achieving an honorable peace is not a
unilateral endeavor. After listening to the
President's point-by-point account of the
actions he has initiated in the quest for
peace, one can only come to the simple but
inescapable conclusion that failure to
achieve peace in Vietnam rests firmly with
Hanoi and not with the United States and
our allies.
In his search for the end to the conflict,
the President has adopted the policy of Viet-
namization of the struggle in South Viet-
nam. It means to shift gradually the respon-
sibilities of peace winning to the South
Vietnamese.
Of course, those, including the faint-
arted, who criticize our stand in Vietnam
ag nst oppression say that the South Viet-
na St won't carry their own load and
that hey won't fight. Well, let me say that
this c uld very well be sheer falsehood and
vicious propaganda.
Let give you a few facts about the lie
that the South Vietnamese won't fight.
Let's a proach it this way: the number of
battle ca ialties is a good indicator of the
willingne of a people to fight. So, let's take
the matteS of South Vietnam's military com-
bat dead. lince 1961, almost 100,000 South
Vietnames troops have been killed defend-
ing their ountry against Communist ag-
gression. his by any count is a heavy toll.
Yet, the al significance of war casualties
is in relat on to the proportion of total pop-
ulation.
If we roject South Vietnam's casualties
into our U.S. population, which is about 13
times t at of Vietnam, we can better appre-
ciate e impact of the war on the Viet-
name-fl.
T South Vietnamese combat dead total
s t e equivalent of over one million combat
d d for the United States.
This means, in turn, that on a percentage
of population basis, the total of military
war dead suffered so far by South Vietnam
is: More than 13 times our total in World
War I; over three times our total in World
War II; about 36 times our total in the entire
Korean War.
Therefore, when judged on a relative basis
with what our own nation suffered in our
great struggles against oppression, South
Vietnam measures up extremely well.
South Vietnam has, by every measure, set
forth a high example of opposition to com-
munism, and of sacrifice, devotion to free-
dom and determination to keep it.
What South Vietnam has paid and is pay-
ing in blood to stay free deserves the com-
mendation, not the condemnation, of free-
dom-loving people.
And still -the South Vietnamese are fight-
ing and dying to turn back Communist ag-
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? ?
v 1
policy questions which might arise during
the review. The Ceniniittee has also requested
GAO to limit the distribution of .the report
prior to its release by the Committee.
Medicare is administered by the Social Se-
curity Administration (SSA), Department of
Health, Education, and Welfare .(IIEW).
Xlii-
.nols Medical Service ,(Blue Shield) has been
operating under a contract With SSA to
anakepaynients of Medicare Clairas_for physi-
clans' services in several counties in Illinois,
Including Cook County,
In accordance with certain SSA regula-
tions, Issued In August 1967, payments under
the supplementary medical insurance por-
tion (part B) of the Medicare program could
be made for the professional services ren-
dered to Medicare patients by supervisory or
teaching physicians in a hospital in cases
where the physicians are the patients' at-
tending physicians and provide personal and
'Identifiable direction to interns and residents
who are participating In the care of their
patients.
FINDINGS AND CONCLUSIONS
From April 1968 to April 15, 1969, when, at
the direction of SSA, Blue Shield suspended
making payments of APCCH claims, APCCH
had received _about 21.6 million in payments
under part B of the Medicare program for the
-.services of attending physicians.
The GAO review of patient medical records
of Cook County Hospital indicated that the
;professional services billed by APCCH and
paid by Blue Shield had been furnished, in
almeat all cases, by residents and interns at
the hospital and showed only limited in-
volvement of the attending physicians in
whose names the services had been billed.
The GAO review of the hospital medical
records applicable to selected Medicare claims
for attending physicians' services showed
that:
For 60 of the 72 initial visits for which
billings had been made, the medical records
supporting the specific services billed dis-
closed no involvement of any attending
.physicians, although the SAA regulations
provided that the attending physicians
'alioUld. review the patients' histories and
physical examinations and personally ex-
arnine the patients within reasonable periods
after admission. (See p. 29.)
For 129 of '747 follow-up visits billed no
-notations had been made by any physicians,
including residents or interns, to indicate
that physicians had seen the patients. For
the remaining 618 visits, which were sup-
.ported by physicians' notations, attending
physicians had been identified as involved in
providing the services for only 35 visits and
residents and interns had been identified as
_providing the services for nearly all the re-
maining visits. (Sep p. 31.)
The medical records applicable to 38 con-
sultations for which the Medicare program
had been billed disclosed no involvement of
the attending physicians in whose names the
services had been billed.