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1964 CONGRESSIONAL RECORD ? SENATE
Provision is also made in this proposal
for utilization of part of the island by
the State of California for public pur-
poses, compatible with the primary use
of the island. Furthermore, if, within
the next 5 years, the monument is not
begun and the Commission has not certi-
fied to the Secretary of Interior that suf-
ficient funds are available to complete
the monument, the authority granted in
this legislation shall cease.
Mr. President, this legislation will hon-
or a noble and eternal desire of man?
the desire to live out his life in peace and
tranquility. The United Nations found-
ed almost 25 years ago in San Francisco,
is dedicated to the perpetuation of world
peace and brotherhood. This monu-
ment, upon completion, will stand as a
symbol of all peoples' wishes that the
United Nations not fail in its ennobling
goal and that world peace become a
reality.
Therefore, Mr. President, for myself
and the junior Senator from California
[Mr. SALINGER] I introduce for appropri-
ate reference a bill "to provide for the
erection of a monument on Alcatraz Is-
land to commemorate the founding of
the United Nations? in San Francisco,
Calif., in 1945, and to serve as a symbol
of peace."
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.
The bill (S. 3093) to provide for the
erection of a monument on Alcatraz Is-
land to commemorate the founding of
the United Nations in San Francisco,
Calif., in 1945, and to serve as a symbol
of peace, introduced by Mr. LONG of Mis-
s'ouri (for himself and MT. SALINGER) ,
was received, read twice by its title, and
referred to the Committee on Interior
and Insular Affairs.
STUDY AND REPORT CONCERNING
THE SILVER POLICY OF THE
UNITED STATES
Mr. CHURCH. Mr. President, my
friend and colleague in the House of
Representatives, COMPTON WHITE, who
represents the congressional district
which is the Nation's leader in silver pro-
duction, has introduced in that body a
joint resolution directing the Secretary
of the Treasury to make a special study
of the silver policy of the United States.
Mr. President, I think the introduc-
tion of this joint resolution shows com-
mendable foresight and sound judgment.
I wish to give all possible support to Rep-
resentative WHITE'S timely effort to per-
suade the Treasury to come to grips with
this problem. Accordingly I introduce,
for appropriate reference, a companion
joint resolution to the one now pending
in the House.
The PRESIDING 010.teiCER. he joint
resolution will be received and appro-
priately referred.
The joint resolution (S.J. Res. 190)
providing for a study and report to Con-
gress by the Secretary of the Treasury
concerning the silver policy of the United
States, introduced by Mr. CHURCH, was
received, read twice by its title, and re-
ferred to the Committee on Banking and
Currency.
No. 153-5
? CHANGE OF REFERENCE
Mr. HRUSKA. Mr. President, I ask
unanimous consent that the Committee
on the Judiciary be discharged from fur-
ther consideration of S. 284, a bill for the
relief of Ethel R. Loop, the widow of
Carl R. Loop, and that it be referred to
the Committee on Foreign Relations.
? Investigation by the staff of the com-
mittee indicates that this bill deals with
the granting of an annuity under the
Foreign Service retirement system and
that in the past the Committee on For-
eign Relations has handled similar bills.
A precedent for such action was made in
the reporting- by the Foreign Relations
Committee of a bill for the relief of Mrs.
Mary Leute, the widow of a vice consul
In the State Department.
Without in any way prejudicing the
jurisdiction of the Committee on the Ju-
diciary, the committee in this instance
believes that this bill should be processed
by the Foreign Relations Committee and,
therefore, requests the discharge and re-
ferral to that committee of S. 284.
The PRESIDING OVVICER. W'thout
objection, it is so or red.
AMENDMENT OF OR GN AS-
SISTANCE ACT OF 1961?AMEND-
MENT (AMENDMENT NO. 1204)
Mr., DODD. Mr. President, I submit
an amendment which I intend to pro-
pose to amendment No. 1191, submitted
by the Senator from Illinois [Mr. DIRK-
SENi, and .I ask that it be printed and lie
on the table.
? This amendment can be explained very
simply.
- Senator DimicsEw's provision would stay
-court action until the end of the second
regular session of the legislature which
.begins after the date of enactment. My
amendment would change this by pro-
viding that the stay shall be in effect
only until the end of the first regular
session of the legislature following the
date of enactment,_
- I am in substantial agreement with
the purpose of the distinguished minor-
ity leader. But I think his amendment
goes too far, for it could delay by as
much as 4 years the reapportionment of
State legislatures.
At the time Senator DIRKSEN'S original
proposal was considered by the Judiciary
Committee I stated that while I was in
general agreement with it, I thought the
time element involved was too long, and
I reserved the right to offer a modifying
amendment.
There is no question that many of our
State legislatures, including the Con-
necticut General Assembly, have for
many decades been grossly misappor-
tioned, to such an extent that rural areas
have been vastly overrepresented and
urban areas gravely underrepresented.
There is also no question about the
fact that in the past these State legis-
latures have been steadfast and obdurate
in their refusal to refdm themselves and
that the Congress of the United States
has failed consistently in its responsi-
bility in this area, thus leaving the long-
delayed solution finally to fall into the
hands of the Federal judiciary.
17887
? Granting all this, and understanding
the compelling need for reform, I still
feel that the Federal judiciary has re-
acted to an excess of inaction with an
excess of haste.
I do not believe that the entire politi-
cal structure of many States_ should be
suddenly overhauled by judicial fiat.
I think it is unnecessary and unseemly
to have State legislatures hastily sum-
moned by court orders with their powers
and duration arbitrarily fixed.
I think it is unnecessary and unseemly
for the courts to require that problems
which have been building for almost two
centuries, and which involve the very
political fabric of our State governments,
must be resolved in a few days or weeks.
When I see State constitutions being
overturned, reapportionment actions of
State legislatures being summarily re-
jected, referendums of the whole people
of a State being perfunctorily set aside?
I am compelled to feel that prudence
and reason require that the Congress be
given time to look this over with a view
to a possible constitutional amendment,
and that our Governors and State legis-
latures be given time to act on this
fundamental question with some delib-
eration. And by some deliberation I
mean with at least that amount of time
afforded by one normal session of the
legislature.
The process by which States redesign
their systems of representative govern-
ment should at least be an orderly proc-
ess. What we have instead under some
of these court orders is an almost frantic
haste and confusion.
In Connecticut the court order requir-
ing reapportionment was one which the
Governor, motivated by complete good-
will and by a deep-seated desire for re-
form, nevertheless considered impossible
to comply with. He appeared before the
court and petitioned the court personally
and got a relaxation of the decree so that
the Connecticut General Assembly might
proceed with some sense of order.
Other States have not been so
fortunate.
Just as I do not believe that needed
reapportionment should be frustrated by
?long delay, neither do I believe that our
Governors and State legislators should
be forced to jump through hoops like
college freshmen at a fraternity hazing.
I believe that the form by which free
government reaches its decisions is often
as important, and sometimes more im-
portant, than the substance of those
decisions.
Therefore, I am in agreement on basic
principles with the minority leader, Sen-
ator DIRKSEN.
We disagree, however, on the amount
of time which constitutes a sufficient
period of deliberation by State legisla-
tures. I think that the old phrase,
"Justice delayed is justice denied," has
some application here. One regular ses-
sion of the legislature should provide a
sufficient amount of time to redesign the
electoral districts of a State.
In closing, let me point out that there
Is no one who believes more strongly than
I in the need for reapportionment of our
State legislatures in order to bring them
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17888 CONGRESSIONAL RECORD ? SENATE
more closely in harmony with the prin-
ciple of equality of representation.
I do believe, however, that a reason-
able amount of time should be given to
our State legislatures to comply, in the
best tradition of their own deliberative
processes, with Supreme Court rulings
and lower court orders. ,
In view of the fundamental nature of
the reforms being sought, and the mul-
tiplicity of factors that must be con-
sidered in the solution, I think it is
sensible and reasonable to allow our State
governments one regular legislative ses-
sion to accomplish these needed and long
overdue reforms.
My amendment would see that justice
is done without having justice unduly
delayed.
The
The PRESIDING OFFICER. The
amendment will be received, printed, and
lie on the table.
FEDERAL REINSURANCE OF PRI_
VATE PENSION -PLANS ACT?ADDI-
TIONAL COSPONSORS OF BILL
Under authority of the order of the
Senate of August 3, 1964, the names of
Mr. BARTLETT, Mr. HART, and Mr. RAN-
DOLPH were added as additional cospon-
sors of the bill (S. 3071) to establish a
self-supporting Federal reinsurance pro-
gram to protect employees in the en-
joyment of certain rights under private
pension plans, introduced by Mr. HARTKE
on August 3, 1964.
INCORPORATION OF AMERICAN
ACADEMY OF ACTUARIES?ADDI-
TIONAL COSPONSOR OF BILL
Mr. KEATING. Mr. President, I ask
unanimous consent that my name may
be added as a cosponsor of the bill (S.
3027) to incorporate the American Acad-
emy of Actuaries, introduced by the Sen-
ator from Connecticut (for himself and
other Senators) on July 24, 1964.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
AMENDMENT OF FOREIGN ASSIST-
ANCE ACT?ADDITIONAL COSPON-
SOR OF AMENDMENT NO. 1191.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the name
of the senior Senator from Arkansas
[Mr. McCLELLAN1 be added as a cospon-
sor of the amendment (No. 1191) , in-
tended to be proposed by the Senator
from Illinois [Mr. DiaxsEn] to the bill
(H.R. 11380) to amend further the For-
eign Assistance Act of 1961, as amended,
and for other purposes. This amend-
ment was submitted by the Senator from
Illinois on Wednesday, August 5, and
provides for a temporary stay of pro-
ceedings in any action for the reappor-
tionment of any State legislative body.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC., PRINTED IN THE
APPENDIX
On request, and by unanimous con-
sent, addresses, editorials, articles, etc.,
were ordered to be printed in the Appen-
dix, as follows:
By Mr. THURMOND:
Article entitled "Politicians Share Blame
for Race Riots," published in the State, of
Columbia, S.C., on August 3, 1964.
Article entitled "Prayer and Bible Reading
in School," written by the Reverend Mr.
Claud L. Asbury and published on June 30,
1964, in the McColl Messenger, of McColl,
S.C.
Article entitled "Sinister `Pattern' Emerg-
ing From Probe of Negro Violence," pub-
lished on August 5, 1964, in the Times and
Democrat, of Orangeburg, S.C.
THE FREIGHT-CAR SHORTAGE?
MYTH OR REALITY?
Mr. COTTON. Mr. President, the Au-
-gust 6 issue of the Journal of Commerce
contains an article which provides a
calm, dispassionate, and reassuring anal-
ysis of the problem of freight-car short-
ages.
Its author, Ben Kelley, an experienced
and able observer of the transportation
scene, lays to rest many of the myths
which have persistently clung to this
matter. He specifically points out that
the demand for boxcars so far this year
had fallen considerably short of the
number of cars supplied by the railroads
last year on a sustained basis over a pe-
riod of many weeks, and that fears of a
serious shortage may be exaggerated.
The article is of special interest, be-
cause legislation which unfortunately is
linked with the problem is now pending
in the Senate. The bill, S. 1063, would
give the Interstate Commerce Commis-
sion greater power to fix freight-car
rental rates. My own views are set forth
in the minority views on the bill.
However, as the article implies, the dis-
pute over this proposed legislation has
prevented ?those concerned with the
problems from focusing their attention
on other, more important aspects of the
freight-car supply situation, including
such things as Government movements
of stored grain from warehouses to ports
and elevators at the height of an un-
usually good crop season.
I hope the day will soon come when
those concerned will lay aside their fixed
positions on per diem legislation, and will
sit down to deal frankly and construc-
tively with the whole freighe-car supply
question.
I ask that this article be printed in the
RECORD, KS a part of my remarks.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
FEARS OP FREIGHT-CAR SHORTAGE MAY HAVE
BEEN OVERSTATED
(By Ben Kelley)
WASHINGTON, August 5.?Say "freight-car
shortage" to just about any regular user of
the railroads and he'll turn white, start
trembling, and beg you to change the subject.
It's an almost built-in reflex, instilled in
volume rail shippers by years of shouting
about boxcar deficits, legislative .and Inter-
state Commerce Commission pronounce-
ments and, most important, some pretty
hair-raising experiences with rail equipment
deficiencies.
The reflex is operating again this year, as
it almost always does around grain crop
time, because of solemn declarations by lead-
ing Senators and the ICC that the rail
August 7
freight car shortage problem is worse than
ever, with no signs of correction in sight.
ICC recently issued a report of its initial
investigation of the car situation, and its
outlook was gloomy indeed. On its heels
came a statement by Senator WARREN MAG-
isrusoN, Democrat, of Washington, chairman
of the Senate Commerce Committee, warn-
ing that this year may see the worst, rail
boxcar shortage in the Nation's history.
BILL REPORTED
Senator MAGHUSON'S statement accompa-
nied the release of his committee's favorable
report of S. 1063, a bill affecting rail intra-
industry car rental levels. Not altogether
justifiably, this legislation has become in-
extricably a part of debate over the rail
car shortage situation. Senate action on the
bill is not expected before next week.
Aside from issuing one background state-
ment on boxcar supply levels and demands,
the railroad industry as a whole has kept
silent in the face of current ICC and sena-
torial criticism. But industry carloading
figures, and computations based on them,
seem to support the proposition that unless
circumstances change radically, the Nation
is not in for the worst boxcar shortage in
its history, as feared by Senator MAGNUSON,
nor for that Matter is it in for any kind of
serious rail equipment deficit this year.
Among other things, the figures show that
the railroads are able, under the most severe
pressure, to sustain boxcar loading levels
far higher than those being currently de-
manded of them by seasonal grain crop
movements.
An examination of adjusted figures for the
first 28 weeks of 1963, for instance, shows
that during that period the railroads han-
dled an average of 203,555 carloads of boxcar
traffic per week, ranging from a high of
219,990 to a low of 184,472 boxcars.
At their heaviest demand point in 1963,
the railroads handled a peak of 231,105 loads
of boxcar traffic, and for 8 weeks sustained a
level of roughly 224,500 carloads of this
freight.
These peaks were reached in the fall of the
year, when the boxcar shortage had become
so acute that ICC and the Association of
American Railroads were churning out emer-
gency orders embargoing the movement of
grain to glutted ports and elevators, requir-
ing hurry-up return of empty boxcars to
owners, and urging surplus roads to send
equipment to their deficit colleagues.
DEMAND LIGHT=
These were trying times for grain shippers,
ports, the railroads, and other customers who
needed but could not get boxcars. They did
seem to illustrate, however, that the carriers
could under pressure meet demands for up to
224,500 cars a week on a sustained basis.
This year's comparable figures, also ad-
justed, show that nothing approaching such
demands have yet been made on the industry,
despite the fact that the Nation already has
wrapped up its first major seasonal grain
crop harvest and is into its second.
For the first 28 weeks of 1963, the boxcar
loading high was 219,990 in one week, the
average, 203,555, and the low, 184,427 cars.
The high does not nearly approach the high
for the same period of last year, not to speak
of the 1964 boxcar peak or the sustained 8
weeks of 224,500 cars per week.
NO TROUBLE
While it seems fair on the basis of these
figures to say that the railroads are having
no trouble this year in meeting demands,
' grain or otherwise, for boxcars, it also should
be stressed that there is a boxcar shortage
being felt right now.
And, it can be expected, there will always
be a boxcar shortage of sorts on the Nation's
railroads, probably even if the Congress
passes the pending bill to give ICC greater
power over intraindustry car rental rates.
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