April 25, 1995 CONGRESSIONAL RECORD — SENATE S5663

He was on that wheel the afternoon he

was shot. He left, if I remember correctly, about 6:15 and he was shot

about 6:30 or 6:45.

He later related, when I went to see

him, he said:

You know, I’m lucky. These fellows told

me they wanted money and I did not have

any money. And I said, ‘‘Take my watch,

anything else, my ring.’’

And they cursed him and just fired

five shots into his middle, his stomach,

pancreas, and lungs—his insides.

He walked up to his house and talked

to Miss Coy, Mrs. Stennis, his wife. He

said, ‘‘Call an ambulance and call Walter Reed.’’

The ambulance came. And as they

lifted him up, he remembered well

hearing the chief of police, who had

reached the home at that time, saying,

‘‘All right, take him over to George

Washington Hospital.’’ He raised up on

that stretcher—the last he ever remembered, he said, prior to coming to

some 9 hours later—and said, ‘‘Take me

to Walter Reed. They are waiting for

me there.’’

He said that was the real fortunate

part, because when he got to Walter

Reed, they had two Army surgeons who

had finished a 2-week lecture course to

the Army surgeons around the country

on bullet wounds and shrapnel wounds

and battlefield surgery and that kind

of thing, particularly with respect to

the loss of blood.

His operation took 9 hours. I will

never forget him saying that. He said,

‘‘Had they not had that hard experience of when to stop and replenish and

when to move forward * * * ’’ They had

to sew up all his innards or he would

have been long since gone.

He came back and, as Senator NUNN

points out, he did not slow down at all.

Later, when the cancer got his legs, he

did not.

As Senator COCHRAN pointed out—

who sits at the Stennis desk—he believed in this institution. He attended

regularly all the sessions. He attended

these debates.

I think television has ruined us all.

Perhaps some would listen back in

their offices. But you do not have the

open exchange in the most deliberative

body. You are here and get quips that

staff gives you. They have prepared remarks and they run out and the

RECORD is full and it appears it is a deliberative effort. Not at all.

Senator Stennis did not like that,

and he said so. He attended the debates. He attended all the votes and he

kept going until the very, very end.

Unfortunately, he was not as conscious and alert as he could have been

the last few years. I wanted to go to

see him, but my staff who worked intimately with him on the Armed Services Committee and later on on the Appropriations Committee, said that,

‘‘Poor John would not recognize you

right now.’’

So he has gone to his just reward

after the most distinguished career in

the U.S. Senate of over 41 years.

He was a Senator’s Senator if there

ever was one in this body. He was not

only, as pointed out, an outstanding

authority on military affairs, but he

had that fundamental feel of paying

the bills and being straightforward in

his treatment here with all the Senators and setting the highest standard

of ethical conduct that you could possibly imagine.

We need that inspiration today that,

unfortunately, we do not have. We are

all going to miss him very, very badly.

I am sorry tomorrow I cannot be at

the session relative to the continued

debate on product liability. I want to

attend those services. But we will be

back here at 4:45.

But it is good that we have those who

have served with him and remember

him so well that will be there and be

with his family. His daughter retired

first in Charleston, where her husband

was the dean at the College of Charleston and later up in Greenville, SC. So

I am looking forward to seeing that

family.

But I will never forget the inspiration he has given for all of us who have

served with him to continue to serve.

I yield the floor.

Mr. President, I suggest the absence

of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The bill clerk proceeded to call the

roll.

Mr. GORTON. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without

objection, it is so ordered.

UNANIMOUS-CONSENT AGREEMENT

Mr. GORTON. Mr. President, I am

fgoing to submit a unanimous-consent

which I believe has been cleared by

both sides of the aisle.

I ask unanimous consent that there

be 60 minutes of debate equally divided

between Senators ABRAHAM and HOLLINGS, with debate to begin at 5 p.m. on

Wednesday, April 26, on amendment

No. 598, and that following the debate

on the Hollings amendment the Senate

proceed to a vote on or in relation to

the Hollings amendment, to be followed immediately by a vote on or in

relation to the Abraham amendment

No. 597, as amended, if amended.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. I further ask unanimous consent that the pending Abraham amendment be laid aside in order

that an amendment by Senator BROWN

be offered, regarding rule 11.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. I further ask that following the two stacked votes, the Senate then resume consideration of the

Brown amendment, and that following

the disposition of the Brown amendment, Senator DOLE be recognized to

offer his amendment on the subject of

punitive damages.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. GORTON. Mr. President, for the

ORDER OF PROCEDURE

finformation of all Senators, Members

should be aware that there will be two

rollcall votes at approximately 6 p.m.

on Wednesday. Senators interested in

speaking on any of these issues or

other issues related to product liability

or legal reform should be prepared to

speak throughout the day on Wednesday.

AMENDMENT NO. 599 TO AMENDMENT NO. 596

(Purpose: To restore to rule 11 of the Federal

Rules of Civil Procedure the restrictions

on frivolous legal actions that existed

prior to 1994)

Mr. GORTON. Mr. President, I send

the Brown amendment to the desk and

ask for its immediate consideration.

The PRESIDING OFFICER. The

clerk will report.

The assistant legislative clerk read

as follows:

The Senator from Washington [Mr. GORTON], for Mr. BROWN, proposes an amendment

numbered 599 to amendment No. 596.

Mr. GORTON. Mr. President, I ask

unanimous consent that reading of the

amendment be dispensed with.

The PRESIDING OFFICER. Without

objection, it is so ordered.

The amendment is as follows:

At the appropriate place, insert the following new section:

SEC. . REPRESENTATIONS AND SANCTIONS

UNDER RULE 11 FEDERAL RULES OF

CIVIL PROCEDURE.

(a) IN GENERAL.—Rule 11 of the Federal

Rules of Civil Procedure is amended—

(1) in subsection (b)(3) by striking out ‘‘or,

if specifically so identified, are likely to

have evidentiary support after a reasonable

opportunity for further investigation or discovery’’ and inserting in lieu thereof ‘‘or are

well grounded in fact’’; and

(2) in subsection (c)—

(A) in the first sentence by striking out

‘‘may, subject to the conditions stated

below,’’ and inserting in lieu thereof ‘‘shall’’;

(B) in paragraph (2) by striking out the

first and second sentences and inserting in

lieu thereof the following: ‘‘A sanction imposed for violation of this rule may consist

of reasonable attorneys’ fees and other expenses incurred as a result of the violation,

directives of a nonmonetary nature, or an

order to pay penalty into court or to a

party.’’; and

(C) in paragraph (2)(A) by inserting before

the period ‘‘, although such sanctions may be

awarded against a party’s attorneys’’.

(b) EFFECTIVE DATE.—The provisions of

this section shall take effect 30 days after

the date of the enactment of this Act.

MESSAGES FROM THE PRESIDENT

Messages from the President of the

fUnited States were communicated to

the Senate by Mr. Thomas, one of his

secretaries.

EXECUTIVE MESSAGES REFERRED

As in executive session the Presiding

fOfficer laid before the Senate messages

from the President of the United