CONGRESSIONAL RECORD - SENATE

S. 2174. An act to permit the filing of applications for patents to certain lands in

Florida;

S. 2331. An act to provide for the hospitalization, at St. Elizabeths Hospital in the

District of Columbia or elsewhere, of certain

nationals of the United States adjudged insane or otherwise found mentally ill in foreign countries, and for other purposes;

S. 2443. An act for the relief of Edgar

Harold Bradley;

S. 2481. An act to continue the application

of the Merchant Marine Act of 1936, as

amended, to certain functions relating to

fishing vessels transferred to the Secretary

of the Interior, and for other purposes;

S. 2618. An act to .authorize the exchange

of certain war-built vessels for more modern

and efficient war-built vessels owned by the

United States;

S. 3189. An act to further amend the shipping laws to prohibit operation in the coastwise trade of a rebuilt vessel unless the entire rebuilding is effected within the United

States, and for other purposes;

S. 3226. An act to amend section 809 of the

National Housing Act; and

S. 3485. An act to amend section 7 of the

Administrative Expenses Act of 1946, as

amended, to provide for the payment of

travel and transportation cost for persons

selected for appointment to certain positions

in the United States, and for other purposes.

On July 7, 1960:

S. 1886. An act to amend the Communications Act of 1934 with respect to certain re- broadcasting activities;

S. 2384. An act for the relief of Tommy

Tadayoshi Shuto (Tadayoshi Takeda);

S. 2566. An act for the relief of Peter Leo

Bahr, John Trevor Jefferies, Chairman Candy

Jefferies, and Stephen Reld Jefferles; and

S. 2941. An act for the relief of Ming-Chen

Hsu.

On July 12, 1960:

S. 598. An act for the relief of Anthony DI

Giovanni;

S. 747. An act to provide for the conveyance of certain lands which are a part of

the Des Plaines Public Hunting and Refuge

Area and the Joliet Arsenal Military Reservation, located in Will County, Ill., to the

State of Illinois;

S. 1283. An act to regulate the interstate

distribution and sale of packages of hazardous substances intended or suitable for

household use;

S. 1409. An act for the relief of Donald B.

Thurston and other employees of the Fish

and Wildlife Service;

S. 1454. An act for the relief of Keitha L.

Baker;

S. 1502. An act to provide for adjustments

in the annuities under the Foreign Service

retirement and disability system;

S. 1509. An act to amend the Interstate

Commerce Act, as amended, to provide

"grandfather" rights for certain motor carriers and freight forwarders operating in

interstate or foreign commerce within

Alaska and between Alaska and the other

States of the United States, and for certain water carriers operating within Alaska, to

provide "grandfather" rights for certain

freight forwarders operating between Hawaii

and the other States of the United States,

and for other purposes;

S. 1600. An act for the relief of Grace L.

Patton;

S. 1795. An act relating to the promotion

and separation of certain officers of the regular components of the Armed Forces;

S. 1965. An act to make uniform provisions

of law with respect to the terms of office of

the members of certain regulatory agencies;

S. 2113. An act for the relief of George K.

Caldwell;

S. 2197. An act to protect the public health

by amending the Federal Food, Drug, and

Cosmetic Act so as to authorize the use of

suitable color additives In or on foods, drugs,

and cosmetics, in accordance with regulations prescribing the conditions (including

maximum tolerances) under which such

additives may be safely used;

S. 2277. An act for the relief of the Geo.

D. Emery Co.;

S. 2548. An act for the relief of Henry C.

Larson;

S. 2689. An act for the relief of Hwachii

Lien;

S. 2740. An act for the relief of Julia Sukkar;

S. 2744. An act to extend the term of design

patent No. 21,053, dated September 22, 1891,

for a badge, granted to George Brown Goode,

and assigned to the National Daughters of

the American Revolution;

S. 2817. An act for the relief of Joseph R.

Paquette;

S. 2855. An act for the relief of Brenda

Nicholson Miller;

S. 2857. An act to amend the Civil Service

Retirement Act so as to provide for disposition of contributions in the case of annuitants whose length of service exceeds the

amount necessary to provide 'the maximum

annuity allowable under such act, and for

other purposes;

S. 3105. An act for the relief of William Y.

Allen, Jr., Donald Baldwin Quintero, Johann

Friedrich Stapelfeld, and Kenneth Gordon

Woods;

S. 3125. An act for the relief of Robert William Neal, Robert J. Naumann, Charles LeRoy

Van Slyke, and Franklin Jordan;

S. 3179. An act to increase the authorization for appropriations for construction of

facilities for the Gorgas Memorial Laboratory;

S. 3545. An act to amend section 4 of the

act of January 21, 1929 (48 U.S.C. 354a(c)),

and for other purposes; and

S.J. Res. 41. Joint resolution to establish

a National Institute for International

Health and Medical Research, to provide for

international cooperation in health research,

research training, and research planning, and

for other purposes.

On July 14,1960:

S. 1315. An act for the incorporation of the

Blue Star Mothers of America, Inc.;

S. 2585. An act for the relief of Joseph Lue

Fan and Aura Joan Lue Fan;

S. 2674. An act to authorize the acquisition

of certain lands for addition to Harpers

Ferry National Monument, and for other

purposes;

S. 2765. An act for the relief of Sofia

Skolopoulos;

S. 2969. An act to authorize the award

posthumously of appropriate medals to Chaplain George L. Fox, Chaplain Alexander

D. Goode, Chaplain Clark V. Poling, and

Chaplain John P. Washington;

S. 3076. An act for the relief of Daisy Pong

Hi Tong Li;

S. 3247. An act to amend the act of September 9, 1959 (73 Stat. 473), to provide that

payment for the lands covered by such act

may be made on a deferred basis;

S. 3319. An act to authorize the Administrator of General Services to release the recapture provisions contained in the conveyance of certain real property to the city of

Little Rock, Ark., and for other purposes;

S. 3450. An act to amend section 22 (relating to the endowment and support of

colleges of agriculture and the mechanic

arts) of the act of June 29, 1935, to increase

the authorized appropriation for resident

teaching grants to land-grant institutions;

S. 3616. An act to deny to the District of

Columbia, in suits on claims arising out of

the negligent operation of vehicles owned or

controlled by it and operated by its employees

in the performance of their official duties, the

defense of governmental immunity, to re- lieve such employees of liability in such cases

to third persons, and for other purposes.

SENATE BILLS DISAPPROVED

AFTER ADJOURNMENT

The President of the United States,

subsequent to adjournment of the Senate, notified the Secretary of the Senate

that on the following dates, he had disapproved the following bills of the Senate, together with his reasons for such

action:

On July 6, 1960:

ECONOMIC REGULATION OF ALASKA RAILROAD

UNDER INTERSTATE COMsMERCE ACT

S. 1508. I am withholding my approval from S. 1508, a bill to provide for

economic regulation of the Alaska Railroad under the Interstate Commerce Act,

and for other purposes.

I cannot approve the bill because it

would (1) subordinate certain of the

President's statutory powers to those of

a regulatory commission, (2) allow a

State to regulate a Federal agency, and

(3) apply to the Alaska Railroad laws,

rules, and procedures which are intended

solely for application to privately owned

and operated railroads and which are

completely inappropriate for a Government agency established to carry out a

public purpose.

The power to construct and operate

the Alaska Railroad and to set the rates

charged by it are vested in the President.

To subject the President's exercise of

these powers to the review and perhaps

disapproval of the Interstate Commerce

Commission would be repugnant to our

constitutional system.

By allowing the State of Alaska to regulate the Railroad, which is a Federal

agency, the bill violates the principle

that the Federal Government's authority

shall be supreme. Under S. 1508, the

State could thwart public purposes declared by the President and the Congress, but it would have no responsibility

for the success or for the financing of the

Railroad.

The laws, rules, standards, and procedures concerning tariffs, rates, accounts, services, and employees of private

railroads are not suited to a Government

agency. Accounting standards established by the Interstate Commerce Commission for private railroads cannot, for

example, assure the President and the

Congress of adequate control over the

use of Federal funds by a Federal agency.

In requiring the Commission to consider

the needs of Government financial agencies, and in other exceptions it makes,

the bill itself recognizes that standards

applied to private industry cannot be

applied to the Alaska Railroad.

By extending the Employers' Liability

Act to cover the Alaska Railroad's

liability to its employees, who are already

covered by the Federal Employees' Compensation Act, the bill may give this

group of Federal employees either dual

compensation from the Federal Government for a single injury or the right to

choose between two methods of obtaining compensation. Either result would

be inconsistent with the Federal workmen's compensation policy that all employees be treated equally.

The President and the Congress have

ample authority to insure that the Railroad operates in the public interest. In

1960 15751
CONGRESSIONAL RECORD - SENATE

due course, it will be determined that

the Railroad's Federal purposes have

been achieved. At that time the Congress should authorize disposition of the

Railroad to a non-Federal agency, and

it would then automatically become subject to Interstate Commerce Commission

regulation.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, July 6, 1960.

On July 12, 1960:

METHOD FOR REGULATING AND FIXING WAGE

RATES FOR EMPLOYEES OF PORTSMOUTH, N.H.,

NAVAL SHIPYARD

S. 19. I am withholding my approval

from S. 19, to provide a method for regulating and fixing wage rates for em- ployees of Portsmouth, N.H., Naval Shipyard.

My reasons for disapproving an identical enactment of the 85th Congress still

apply. This bill, like its predecessor,

strikes at the heart of the statutory principle that rates of pay for 673,000 Federal

wage board employees shall conform, as nearly as is consistent with the public

interest, with private rates of pay in the

immediate vicinity of the particular

Federal activity.

This principle is sound. It insures

Federal employees a fair wage. It in- sures against the payment of unwar- ranted hourly rates by the Government.

And it insures that Federal rates of pay

will not upset the economy of the com- munity in which the Federal establishment is located.

S. 19 would disregard this principle

by providing that hourly rates for

Portsmouth Naval Shipyard employees

should be based on those which obtain,

not in Portsmouth, but rather in the

Boston industrial complex, 60 miles distant. Private industrial rates are substantially higher in Boston than in

Portsmouth-and therein lies the ex- planation of the bill.

But why should the Government pay a much higher hourly wage rate than

do fair-minded private employers in the

Portsmouth area? If the Portsmouth

Naval Shipyard were a private establishment, there would be no question of a differential. The going rate for the area would be paid. But because the Government is the employer, and just because

it is, there is apparently an expectation

that the Government should pay more

than these hourly employees in fairness

and equity have a right to expect. Further, it is seemingly of little or no concern that in so doing the Government

would be departing from sound principle and business practice and would be

unsettling the economy of the Portsmouth community.

This kind of legislation-this expectation of something-for-nothing from the

Government just because it is the Government-weakens our national fabric

and with each occurrence leaves it more

seriously impaired. The spread of this

expectation, and its reflection in an increase of such legislation, are profoundly disturbing for the future of America.

In this one instance, for example, S.

19 as a law would provide a ready precedent for the eventual dissolution of the

wage board principle and system. The

Portsmouth Naval Shipyard in no way

presents an unusual situation. Several

Federal establishments, less distant from

Boston than Portsmouth, have lower pay scales than those of the Portsmouth Naval Shipyard.

By no rationale can this bill be justified. Wage disparities exist throughout

the United States but under the wage

board principle the Government pays

the fair and equitable hourly rates of

the particular area in which it finds itself-and so it should.

For these reasons I am unable to approve the bill.

DWIGHT D. EISENHOWER.

THE WHITE HOUSE, July 12, 1960.

CONFIRMATIONS

Executive nominations confirmed by

the Senate July 2, 1960:

DIPLOMATIC AND FOREIGN SERVICE

Andrew G. Lynch, of New York, to be Ambassador Extraordinary and Plenipotentiary

of the United States of America to the

Somali Republic.

Clare H. Timberlake, of Michigan, to be

Ambassador Extraordinary and Plenipotentiary of the United States of America to the

Congo.

Winthrop G. Brown, of the District of

Columbia, to be Ambassador Extraordinary

and Plenipotentiary of the United States of

America to the Kingdom of Laos, vice Horace

H. Smith.

DEPARTMENT OF AGRICULTURE

Carl J. Stephens, of Iowa, to be General

Counsel of the Department of Agriculture, Frank A. Barrett, resigned.

COMMISSION ON CIVIL RIGHTS

Robert S. Rankin, of North Carolina, to be a member of the Commission on Civil Rights,

vice John S. Battle, resigned.

SUBVERSIVE ACTIVITIES CONTROL BOARD

Edward C. Sweeney, of Illinois, to be a member of the Subversive Activities Control

Board for the remainder of the term expiring

August 9, 1960, vice R. Lockwood Jones, re- signed.

Edward C. Sweeney, of Illinois, to be a member of the Subversive Activities Control

Board for a term of 5 years expiring August

9, 1965. (Reappointment.)

U.S. PATENT OFFICE

Hyman Freehof, of the District of Columbia, to be an examiner in chief, U.S. Patent

Office.

COAST AND GEODETIC SURVEY

Subject to qualifications provided by law,

the following for permanent appointments to the grades indicated in the Coast and Geodetic Survey:

To be ensigns

William F. Hamm James E. McKee

Paul W. Hund, Jr. Walter J. Senkow

Emilio F. Landy Robert A. Trauschke

Michael C. McGuire Joseph D. Williams

U.S. DISTRICT JUDGES

Jacob Mishler, of New York, to be a U.S.

district judge for the eastern district of New

York, vice Mortimer Byers, retired.

Frederick W. Kaess, of Michigan, to be a U.S. district judge for the eastern district of

Michigan, vice Arthur F. Lederle, retiring.

MUNICIPAL COURT

Randolph C. Richardson, of the District

of Columbia, to be associate judge of the

municipal court for the District of Columbia

for the term of 10 years, vice George D. Neil- son, term expired.

Thomas C. Scalley, of the District of

Columbia, to be associate judge of the municipal court for the District of Columbia for

the term of 10 years. He is now serving in

this office under an appointment which ex- pired March 2, 1960.

U.S. MARSHAL

Ralph W. Gray, of Massachusetts, to be a U.S. marshal for the district of Massachu- setts for a term of 4 years. (Reappointment.)

U.S. AIR FORCE

The officers named herein for appointment as Reserve commissioned officers In the U.S.

Air Force under the provisions of section

8392, title 10, United States Code:

To be brigadier generals

Col. Frank W. Berlin, A0724882, Iowa Air

National Guard.

Col. Vito J. Castellano, A0866387, New

York Air National Guard.

Col. Edward R. Fry, A050478, Kansas Air

National Guard.

Col. William D. Ott, A0408469, Kentucky

Air National Guard.

Col. Valentine A. Siefermann, A0794707,

Hawaii Air National Guard.

Col. James M. Trail, A0406063, Idaho Air

National Guard.

Col. Joseph W. Turner, A0422148, Oklahoma Air National Guard.

U.S. ARMY

The officers named herein for promotion as Reserve commissioned officers of the Army

under the provisions of title 10, United States

Code, section 3384:

To be major generals

Brig. Gen. Eugene Gilbert Cushing,

0286447, U.S. Army Reserve.

Brig. Gen. Warren Crumley Giles, 0349122,

Army National Guard of the United States.

Brig. Gen. Robert Morgan Jones, 0270821,

U.S. Army Reserve.

Brig. Gen. Leon Lewis Mathews, 0255628,

U.S. Army Reserve.

Brig. Gen. Robert Powell Miller, 0256068,

Army National Guard of the United States.

Brig. Gen. George Poindexter Munson, Jr.,

0257114, U.S. Army Reserve.

Brig. Gen. Clemont C. Parrish, 0279901,

U.S. Army Reserve.

Brig. Gen. John Darrell Sides, 0330828,

Army National Guard of the United States.

Brig. Gen. John Lewis Thompson, Jr.,

0182754, Army National Guard of the United

States.

To be brigadier generals

Col. Russell Curtis Baker, 0291797, Corps

of Engineers, U.S. Army Reserve.

Col. George Baird Bennett, 0398135, Adjutant General's Corps, Army National Guard

of the United States.

Col. Thomas Russell Burns, Jr., 0342000,

Artillery, Army National Guard of the United

States.

Col. Benjamin Joseph Butler, 0407344,

Infantry, U.S. Army Reserve.

Col. Ralph Walker Cooper, Jr., 0266469,

Adjutant General's Corps, Army National

Guard of the United States.

Col. Milton Ehrlich, 0293592, Adjutant

General's Corps, Army National Guard of the

United States.

Col. Ralph James Eubank, 01176327, Artillery, Army National Guard of the United

States.

Col. Maurice Candide Fournier, 01167424,

Artillery, U.S. Army Reserve.

Col. Louis Overton Gravely, Jr., 0248412,

Infantry, U.S. Army Reserve.

Col. Charles Deletus Henley, 0327778, Infantry, U.S. Army Reserve.

Col. Michael Bernard Kauffman, 0364438,

Infantry, U.S. Army Reserve.

Col. John Borchert Lagen, 0235968, Medical Corps, U.S. Army Reserve.

Col. Carl Cleveland Neely, 0270845, Artillery, Army National Guard of the United States.

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