CONGRESSIONAL RECORD - HOUSE

other purposes, with Senate amendments thereto, and concur in the Senate

amendments.

The Clerk read the title of the bill.

The Clerk read the Senate amendments, as follows:

Page 4, line 21, strike out all after "States." over to and including "bank." in line 3 on page 5 and insert "Stock of each Federal

intermediate credit bank held by the Secretary of the Treasury shall be transferred to

the Governor who shall exchange such stock

for an equal amount of class A stock of

such bank. The Governor is authorized

thereupon to reallocate the investment of

the United States in such banks in such manner as he determines necessary to meet

the needs of the respective banks. Any transfers of capital funds required as a re- sult of such reallocation shall be made in

four equal installments, the first of which

shall be made on January 1, 1957, and one of which shall be made on the first day of

each of the next succeeding three calendar

years. Upon each such transfer of capital

funds the Governor shall require an appro- priate adjustment in the class A stock of

each such bank."

Page 5, line 22, after "to" insert "$30,000,-

000 plus."

Page 17, line 17, strike out "$100,000,000"

and insert "$70,000,000."

Page 24, line 3, strike out "Act" and insert

"subsection."

Page 25, line 2, strike out "next following its enactment" and insert ", 1957, except subsections (a) and (b) of section 201, which

shall become effective January 1, 1959."

The SPEAKER. Is there objection to

the request of the gentleman from

Texas?

Mr. KEATINO.. Mr. Speaker, reserving the right to object, may I inquire of

the gentleman whether this has been

cleared with the ranking minority member of the committee?

Mr. POAGE. It has been cleared with

the ranking minority member and with

the minority leader.

Mr. KEATING. Mr. Speaker, I withdraw my reservation of objection.

The SPEAKER. Is there objection to

the request of the gentleman from

.Texas?

There was no objection.

The Senate amendments were con- curred in.

A motion to reconsider was laid on the table.

APPOINTMENT OF DOCTORS OF

OSTEOPATHY

Mr. SHORT. Mr. Speaker, I call up

the conference report on the bill (H. R.

483) to amend the Army-Navy-Public

Health Service Medical Officer Procurement Act of 1947, as amended, so as to

provide for appointment of doctors of osteopathy in the Medical Corps of the

Army and Navy, and ask unanimous

consent that the statement of the managers on the part of the House be read

in lieu of the report.

The Clerk read the title of the bill.

The SPEAKER. Is there objection to

the request of the gentleman from Missouri?

There was no objection.

The Clerk read the statement.

The conference report and statement are as follows:

CONFERENCE REPORT (H. REPT. No. 2702)

The committee.of conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H. R.

483) to amend the Army-Navy-Public Health

Service Medical Officer Procurement Act of

1947, as amended, so as to provide for appointment of doctors of osteopathy in the

Medical Corps of the Army and Navy, having

met, after full and free conference, have

agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and

agree to the same with an amendment as

follows: In lieu of the matter proposed to

be inserted by the Senate amendment insert

the following:

"(a) The second sentence of section 201

(a) of the Army-Navy-Public Health Service

Medical Officer Procurement Act of 1947, as

amended, is amended (1) by inserting '(1)'

immediately before the word 'qualified' and

(2) by striking the period at the end thereof

and inserting a comma and the following:

'or (2) doctors of osteopathy who are qualified under subsection (g) hereof.'.

"(b) Sections 201 (b) and (e) of such Act

are amended (1) by inserting immediately

after the word 'medicine' wherever it appears therein 'or osteopathy' and (2) by inserting in the second sentence of section 201

(b) and in section 201 (e) after the word

'medical' the following: 'osteopathic'.

"(c) Section 201 of such Act is further

amended by adding at the end thereof the

following new subsection: "'(g) to be eligible for appointment under

this Act a doctor of osteopathy must (1) be

a citizen of the United States, (2) be a

graduate of a college of osteopathy whose

graduates are eligible for licensure to practice medicine or surgery in a majority of

the States, and be licensed to practice medicine, surgery, or osteopathy in one of the

States or Territories of the United States or

in the District of Columbia, (3) possess such

qualifications as the Secretary concerned

may prescribe for his service, after considering recommendation for such appointment

by the Surgeon General of the Army or the

Air Force or the Chief of the Bureau of Medicine and Surgery of the Navy, and (4) under

regulations prescribed by the Secretary of

Defense have completed a number of years

of osteopathic and preosteopathic education

equal to the number of years of medical and

premedical education prescribed for persons

entering recognized schools of medicine who

became doctors of medicine and who would

be qualified for appointment under this

title in the grade for which such doctor of

osteopathy is applying'."

And the Senate agree to the same.

CARL VINSON,

OVERTON BROOKS,

PAUL KILDAY,

DEWEY SHORT,

LESLIE C. ARENDS,

Managers on the Part of the House.

RICHARD B. RUSSELL,

JOHN STENNIS.

STUART SYMINGTON,

LEVERETT SALTONSTALL,

MARGARET CHASE SMITH,

Managers on the Part o the Senate.

STATEMENT

The bill, H. R. 483, passed the House July

18, 1955. Thereafter, the Senate, in its con- sideration of the bill, struck all after the en- acting clause and amended the House version

in various respects. As amended, the House

bill passed the Senate on May 21, 1956.

In subparagraph (b) reference is made to section 201 (b) of the Army-Navy-Public

Healt~h Service Medical Officer Procurement

Act of 1947, as amended. An additional ref- erence, to section 201 (e) is required in order to make this subsection technically and legally correct. The House proposes such an amendment.

Subsection (c) of the Senate amendment sets forth various requirements which must be met by doctors of osteopathy to be eligible

for appointment as commissioned officers in

the Medical Corps of the respective military services. Among other requirements, the

Senate amendment provides that a doctor

of osteopathy "must be recommended for

such appointment by the Surgeon General

of the Army or Air Force or the Chief of the

Bureau of Medicine and Surgery of the Navy." While it is obvious that the Secretaries of

the Army, Navy, and Air Force would seek

the recommendation of their Surgeons General, or Chief of the Bureau of Medicine and

Surgery, as appropriate, it is obviously con- trary to the primary principle of civilian

control to place any military officer in a po- sition where he could nullify, either by ac- tion or failure to act, the decision of his

Secretary. The House amendment to the

Senate language covering this specific point insures that the recommendation of the Surgeons General or the Chief of the Bureau of

Medicine and Surgery of the Navy, as ap- propriate, will be submitted to his Secretary, but it also insures that the ultimate decision of the Secretary will prevail and not be

subject to veto by any military officer. So,

In the final analysis, the sole purpose of the

House amendment to the Senate amendment

is to retain the preeminent position of au- thority which each of the Service Secretaries

exercise over his respective Department.

CARL VINSON,

OVERTON BROOKS, PAUL KILDAY,

DzWEy" SHORT,

LESLIE C. ARENDS,

Managers on the Part of the House.

Mr. SHORT. Mr. Speaker, I move the

previous question on the conference re- port.

The previous question was ordered.

The conference report was agreed to.

A motion to reconsider was laid on the

table.

SPECIAL ORDERS POSTPONED

Mr. WILSON of California. Mr.

Speaker, I ask unanimous consent that

the special orders granted the gentleman from Arizona [Mr. RHODES] and

myself, for tomorrow, be postponed until Thursday.

The SPEAKER. Without objection, it

is so ordered.

There was no objection.

CERTAIN CONSTRUCTION AT MILITARY INSTALLATIONS - VETO

MESSAGE FROM THE PRESIDENT

OF THE UNITED STATES (H. DOC.

NO. 450)

The SPEAKER laid before the House

the following veto message from the

President of the United States:

To the House of Representatives:

I return herewith, without my approval, H. R. 9893, "to authorize cer- tain construction at military installations, and for other purposes."

The bill authorizes the Secretaries of

the Army, Navy, and Air Force to establish or develop military installations

and facilities by acquiring, constructing,

converting, rehabilitating, or installing

12958 July 16
CONGRESSIONAL RECORD - HOUSE

permanent or temporary public works

and family housing necessary for the

operation of the armed services.

While I recognize the manifest Importance of this measure to national defense, I cannot approve it so long as it

contains certain provisions found in sections 301 and 419.

Section 301 provides that none of the

authorization contained in that section

relating to the Talos missile "shall be

effective until the Secretary of Defense

shall have come into agreement with the

Armed Services Committees of the Senate and of the House of Representatives

with respect to its utilization." If the

committees should fail or decline to agree

to the plans prepared by the Secretary

of Defense, the practical effect of this

provision would be to lodge in the committees the authority to nullify congressional authorization. The provision

would also compel the Secretary of Defense, an executive official, to share with

two committees of the Congress the responsibility for the carrying out of the

Talos missile authorization. This procedure would destroy the clear lines of

responsibility which the Constitution

provides.

Section 419 provides that:

Notwithstanding any other provisions of

this act or any other law, no contract shall

be entered into by the United States for the

construction or acquisition of family housing units by or for the use of the Department

of Defense unless the Department of Defense,

in each instance, has come into agreement

with the Armed Services Committee of the

Senate and House of Representatives.

While the Congress may enact legislation governing the making of Government contracts, it may not constitutionally delegate to its Members or committees the power to make such contracts,

either directly or by giving them the

authority to approve or disapprove a

contract which an executive officer proposes to make.

Two years ago I returned, without my

approval, a bill, H. R. 7512, 83d Congress,

containing similar provisions. At that

time I stated that such provisions violate

the fundamental constitutional principle of separation of powers prescribed

in articles I and II of the Constitution.

which place the legislative power in the

Congress and the executive power in the

executive branch.

Once again, I must object to such a

serious departure from the separation of

powers as provided by the Constitution.

Any such departure from constitutional

procedures must be avoided. I am persuaded that the true purpose of the Congress in the enactment of both of these

provisions was to exercise a close and full

legislative oversight of important programs of the Department of Defense.

This purpose can be properly attained by

requiring timely reports from the Executive. Such reports would provide the

Congress with the basis for any further

legislative action it may find to be necessary.

Accordingly, I am returning H. R. 9893,

with my urgent recommendation that it

be reenacted without the objectionable

provisions.

DWIGHT D. ErsENHowER.

THE WHITE HousE, July 16, 1956.

The SPEAKER. The objections of

the President will be spread at large upon

the Journal.

Mr. KILDAY. Mr. Speaker, I move

that the bill and message be referred to

the Committee on Armed Services and

ordered to be printed.

The motion was agreed to.

THE LATE THOMAS R. UNDERWOOD

Mr. WATTS. Mr. Speaker, I ask

unanimous consent to address the House

for 1 minute and to revise and extend

my remarks and include an article and

an editorial.

The SPEAKER. Is there objection to

the request of the gentleman from

Kentucky?

There was no objection.

Mr. WATTS. Mr. Speaker, it is with

profound sorrow that I have to announce

the death, on June 29 last, of Hon.

Thomas Rust Underwood, a former

member of this House and a former

Member of the Senate from Kentucky.

Death was attributable to a coronary

occlusion which he had suffered several

days previous. He was stricken while returning from participating in the work

of the State central committee of the

Democratic Party, the governing body of

the party in Kentucky. In this work, he

was doing that which he loved.

Thomas Rust Underwood was born in

Hopkinsville, Ky., on March 3, 1898, the

son of Thomas E. and Frances Rust Underwood. He attended the public schools

of Hopkinsville and the University of

Kentucky.

Tom Underwood truly was born to his

chosen fields of endeavors--politics and

journalism, as his mother was a former

president of the Women's Democratic

Club of Kentucky, and his father a former editor of the Hopkinsville New Era

newspaper.

Prior to the completion of his formal

education at the University of Kentucky,

he became affiliated with the newspaper

he was to serve for the rest of his life.

In 1917, he became a reporter for the

Lexington Herald and it was not long

before his unusual abilities and talents

brought him recognition. His political

prognostications were uncanny in their

accuracy; his observations poignant in

their effectiveness, and his persuasiveness weighed heavily in molding public

opinion.

His formal baptism into Kentucky politics was in the successful campaign of

the Honorable William J. Fields for the

Governorship of Kentucky in 1923. In

this campaign, Tom Underwood served

as State publicity chairman for the

Democratic ticket.

Subsequently, throughout the years,

he fought the battles of the Democratic

Party on all levels--local, State, and

National. Because of his fine qualities

of leadership, his levelheadedness and

his practicalness, he had a most extraordinary knack of bringing folks together.

He was of inestimable value in compromising differences and insuring a unison

of effort by the party at the polls.

Yes, Mr. Speaker, Tom Underwood was

a Democrat-a Kentucky Democrat.

But, Tom Underwood was first an American. As a Democrat, he would go to no

ends to assist in marshaling the forces

of his party to insure victory at the polls.

Similarly, were his efforts in assuring the

preservation and progress of his country.

Tom Underwood was a student of Government. His knowledge of world affairs, his lifelong interest in national

and local problems coupled with his in-.

herent native ability afforded a well of

wisdom and counsel that was unique.

Tom Underwood loved the Sixth District of Kentucky-Tom Underwood

loved Kentucky. That the folks of the

Sixth District in turn had similar love

and affection for him is evidenced by the

fact that he was elected to the House of

Representatives by the Sixth Kentucky

District, and subsequently, the whole of

Kentucky evidenced their esteem by

naming him to the United States Senate.

During his service in the Congress, it

was not long before he obtained the

niche which those of us who knew him

well felt he would achieve. He blazed

a trail filled with accomplishments and

achievements.

He was a man of great devotiondevotion to his family-devotion to

his friends and devotion to the principles which he believed in. Kind and

gentle of nature, he was strong and firm

in his convictions. He was a true and

loyal guardian of the privileges and

rights of the individual and stood steadfast without compromise when a matter

of principle was involved.

Tom Underwood was a man of great

versatility. The success and recognition he achieved in the political field was

similar to that gained in journalistic and

civic affairs. In each he was a leader.

In each, he established standards of conduct and norms of accomplishments that

shall long remain as a measuring rod of

success for those who follow.

The voice of Tom Underwood as was

heard through his editorial columns was

truly the voice of his people; the voice

of Tom Underwood as heard upon the

floor of this House was truly the voice

of the folks he represented, and the voice

of Tom Underwood as a United States

Senator was truly the voice of all Kentucky.

During the past quarter of a century,

I was afforded the rare privilege of knowing Tom Underwood most intimately. A

finer, a more gracious nor a more considerate individual I have never known.

Through his passing, I have lost a true

friend; Kentucky a loyal son, and his

wife and family a devoted husband and

father.

At this point, Mr. Speaker, I desire to

Insert in the RECORD an article and an

editorial concerning the death of Tom

Underwood which appeared in the Lexington Herald on Saturday morning,

June 30, 1956. This is the paper that he

served since 1917 and for the past 20

years was its editor:

[From the Lexington (Ky.) Herald of

June 30, 1956]

TOM R. UNDERWOOD

The untimely death of Tom 1R. Underwood,

editor of the Herald, is a great loss not only

to his family and his associates on the news- paper he had served so well for 40 years, but

to thousands in other walks of life who knew

him, and liked him, and recognized his

1956 12959