April 25, 1995 CONGRESSIONAL RECORD — SENATE S5661

put the date on which his service

ended, which the distinguished Democratic leader pointed out was in 1989.

One other aspect of this desk is that

not only has it been occupied by many

Mississippians over the years, Jefferson

Davis, to name one, John Sharp Williams, a very distinguished Senator

who had served as Democratic leader in

the House before he was elected to the

Senate, and then served three terms in

the Senate and probably was one of the

most respected national figures of his

day serving in the Congress. And serving from Mississippi it made our State

very proud. But Senator Stennis occupied this desk from 1947—well over 41

years, as the Senators know.

But toward the end of his career he

lost a leg to cancer, and this desk was

located in the rear of the Chamber. So

his wheelchair could move right up to

the desk. But he never failed to rise

and address the Senate even though he

was confined to the wheelchair and had

only one leg. He had the carpenters put

a special place here where a bar could

be fitted. There are two holes carved

for wooden inserts in this desk to hold

that bar. And the bar would rest inside

the desk. Most Senators put the rule

books of the Senate and a couple of

other reference books in the top of

their desk. But that had simply a bar

there. He would put it there and pull

himself up, and with that one leg stand

erect to address the Senate because he

respected the institution so much, its

traditions, and its customs, always

pointing out to other Senators that we

should be in order; and having a tremendous influence because of his presence in this body.

The Senate is much better off because of his service here. The State of

Mississippi is truly blessed to have

been the State represented in the U.S.

Senate by John C. Stennis.

Mr. President, I suggest the absence

of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The legislative clerk proceeded to

call the roll.

Mr. NUNN. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without

objection, it is so ordered.

IN MEMORY OF THE LATE JOHN C.

fSTENNIS

Mr. NUNN. Mr. President, I would

like to speak for a few minutes this

evening on a subject close to my heart,

and that is the memory of our former

colleague, John C. Stennis, who passed

away on Sunday, April 23, at the age of

93. Senator Stennis served in this body

for over 41 years, from 1947 to 1989.

For a long number of years, as I was

growing up and following the activities

of the Congress of the United States,

Senator Stennis was one of my heroes,

and that was long before I came to U.S.

Senate. John Stennis personified for

me the image of what a Senator should

be, and that image inspired me as I

considered whether to seek a seat in

the U.S. Senate in the 1972 election.

From my first days in the Senate, John

Stennis was a patient mentor, a strong

and valuable colleague, and a cherished

friend.

It has been said that ‘‘Great men are

like eagles, they do not flock together.

You find them one at a time, soaring

alone, using their skills and strengths

to reach new heights and to seek new

horizons.’’ Such an eagle was John

Stennis.

John Stennis was a Senator’s Senator. He was gentle and courteous in

conduct, but tough and strong in conviction and in character. He was a man

of singular purpose and broad vision—

yet he was sensitive, very sensitive, to

the needs and the wishes of others.

John Stennis personified the highest

ideals of honor and integrity within

the U.S. Senate. Members of the Senate from both parties and from widely

divergent philosophical points of view

treasured his steadfast leadership, his

fearless courage, his kindness toward

others, his unselfish devotion to public

service, his love and respect for the

U.S. Senate, the Congress, his reverence for the U.S. Constitution, and

his unshakable faith in God.

Senator Stennis was an outstanding

lawyer and judge before he came to the

Senate, and his judicial temperament

marked every aspect of his Senate

service. Time after time, the Senate

turned to him to address the most difficult and divisive issues, such as the

conduct of Senator Joseph McCarthy.

When the Senate established the first

Select Committee on Standards and

Conduct, which was the predecessor of

the Ethics Committee, it was only natural that Senator Stennis was selected

as the first chairman. From 1961 to

1981, he served as chairman of the

Armed Services Committee. As chairman, he set a standard that all of his

successors strive to meet. He was a

man of conviction, strong, moral character, and absolute and total courage.

Despite much adversity—a life-threatening gunshot wound in 1973, right

after I came to the Senate that tragedy

happened, also the loss in 1983 of his beloved wife, Miss Coy, and the challenges of serious operations in later

years, through all of that he served the

people of Mississippi and the people of

this Nation with courage and with

strength.

Chairman Stennis was the Senate’s

preeminent authority on military affairs. His career spanned the period of

the cold war. He came to the Senate in

1947, the year the Marshall plan was

announced. He left in 1989, the year the

Berlin Wall came down. He played a

very large role in those events and all

the events in between. He had guided

this body through the difficult years of

the post-Vietnam era and through the

subsequent revitalization of America’s

Armed Forces.

Senator Stennis consistently supported a strong national defense even

in times when it was not popular to do

so. I recall clearly the first few years

after I came to the Senate in the early

1970’s, when virtually all defense programs were being challenged one after

another on the Senate floor. Senator

Stennis remained in the Chamber

steadfast for hours and weeks and

sometimes even months while the bill

was pending in the Senate, making the

case for maintaining a strong defense

for our Nation.

At the same time, Senator Stennis

was downright intolerant of wasted and

misspent dollars, and he consistently

opposed those who simply wanted to

write a Pentagon blank check.

Senator Stennis remembered well the

lessons of pre-World War II isolationism and he constantly opposed the recurring isolationist impulse, especially

during the difficult post-Vietnam

years. He was a rock of support for

NATO at a time when there was strong

opposition in the country to foreign

military alliances. One of the first assignments he gave me when I got to

the Senate was going to NATO and

coming back and reporting to him on

what I found there.

Yet he remained skeptical of excessive military involvement overseas and

he expressed great concern about the

plans for intervention in Vietnam before that intervention occurred. Once

the Nation was committed to war, however, he always believed that American

forces should be provided with the

means necessary and the backing to accomplish the objectives assigned to

them.

It was my privilege to serve with him

since coming to the Senate in 1973

until he left in 1989. He was my friend.

He was my mentor. He remained my

hero. I will miss him, and I will miss

his sound advice and wise judgment.

During my first campaign for the Senate in 1972, I came to Washington to

meet with Senator Stennis. This was

before I was elected in November but

after I had won the Democratic primary. I told him of my strong interest

in military affairs, and I asked for his

support in obtaining a seat on the

Armed Services Committee if I should

be elected.

I will always be grateful for his assurances of support and his assistance

once I arrived, and certainly all of that

played a very important part in my

Senate career. With his support, I obtained a seat on the Committee on

Armed Services, and I promptly sought

his advice on how I should fulfill my

duties. He told me, and I recall it well,

that the best way to learn about the

Defense Department and the military

services was to deal directly and extensively with the men and women in uniform as well as the civilian employees

of the Department of Defense. He encouraged me to listen to their advice

and understand their point of view, to

remain open and objective but always

to at least listen.

He appointed me to be the chairman

of the newly created Manpower and
S5662 CONGRESSIONAL RECORD — SENATE April 25, 1995

Personnel Subcommittee which gave

me the opportunity to follow his advice

in a great number of details and with

considerable amount of time.

Over the years, I listened to and

learned from Senator Stennis as we debated the great issues of national security and other national affairs that

faced our country in the 1970’s and

1980’s, and the lessons learned then

still apply almost every day in the Senate in the 1990’s. It was a marvelous

education in the ways of the Senate,

the conduct of national security affairs

and the Constitution of the United

States.

In 1987, Senator Stennis became

chairman of the Appropriations Committee, and I became chairman of the

Armed Services Committee. It was my

good fortune to have him continue to

sit on that committee, to be able to

begin my chairmanship with Senator

Stennis at my side, because I frequently consulted with him and benefited from his advice on the problems

and issues that arose under the jurisdiction of the Armed Services Committee as well as many other matters that

came to the floor of the Senate.

When Senator Stennis first came to

this body, he said in his classic direct

style, ‘‘I wish to plow a straight furrow

right down to the end of my row.’’

There is no doubt he did exactly that.

Senator Stennis grew up on a farm and

he knew how difficult it was to plow a

straight furrow with a mule. You cannot plow a straight line to your immediate goal or mark a stake in the field

unless you keep your eye on the distant point that establishes your sight

line. That is the way John Stennis

lived. He staked out his immediate

goals, but he always kept his eye on

the distant goal, the values and principles that enabled him to plow a

straight furrow right to the end of the

row.

Mr. President, I also remember well

his advice to me when I came to the

Senate. I hope I never will forget this.

He said, ‘‘Sam, some new Senators

grow and some simply swell. Make sure

you continue to grow.’’

Mr. President, no higher honor has

come my way than serving in the Senate with John Stennis. When he retired

a few years back, I said then it was

hard for me to imagine the Senate

without John Stennis at his desk. It is

now hard for me to imagine the Nation

without the benefit of his talent, counsel, and his sterling example. We will

miss him. We will all miss him. But his

legacy of integrity and devoted service

to the country will inspire the Senate

and the Nation and young people particularly for generations to come.

Mr. President, Colleen, my wife, and

I extend our sympathies to his son,

John Hampton Stennis, his daughter,

Mrs. Margaret Stennis Womble, and to

all of his grandchildren and great

grandchildren, indeed, to all of his family and his friends, and we thank the

people of Mississippi for sending this

giant to the Senate for the number of

years that he served. The people of

Mississippi and the people of this Nation can be very proud of Senator Stennis. He will be remembered in history

as one of the giants of the Senate. As

long as there is a Senate, John Stennis

will be remembered for his service, for

his integrity, and for his character.

I thank the Chair.

Mr. HOLLINGS addressed the Chair.

The PRESIDING OFFICER. The Senator from South Carolina.

JOHN STENNIS—A LIFETIME OF SERVICE

Mr. HOLLINGS. Mr. President, I wish

to pay honor today to one of the great

Senators of this century, John

Cornelius Stennis. His roots began at

the turn of the century as a young

farmboy, in the fertile soil of Kemper

County, MS. And while his subsequent

career was to take him to far away

places, and to positions of great honor

in our Nation’s Government, his beloved home country was never far from

his mind. Second only to service to his

Nation, his dedication to the State of

Mississippi was legendary.

He had amassed a distinguished

record a public service, even before

coming to the Senate in 1947. A Phi

Betta Kappa law school graduate, he

served as a State Representative, district attorney, and State circuit court

judge. But it was here in the Senate

where we shall best remember him. For

more than 42 years, this Nation had the

benefit of his wisdom and his guidance.

He was the epitome of a Southern gentleman, and fairness and integrity were

constants in his conduct. It was no

mere happenstance that he was our

first chairman of the Select Committee

on Standards and Conduct. He was for

decades the foremost guardian of our

Nation’s defense, forcefully and relentlessly pursuing strong defense programs throughout the Cold War years.

His credentials as ‘‘Mr. Defense’’ made

even more remarkable his misgivings

and warnings to the Nation on involvement in combat in Vietnam, and he

was a major author of our first war

powers legislation. Chairman of Armed

Services, chairman of Appropriations,

President Pro Tem—his achievements

here on this floor and in this body have

been equaled by few.

And who among us who knew him

will ever forget his quiet courage? He

quietly brushed aside the impacts of

being shot and robbed while walking

home. Years later, after loosing a leg

to cancer, he refused to yield to adversity—always rising to address this

body, exuding dignity and determination with every action.

John Stennis was a patriot—a statesman—a Senator in the finest traditions

of the word. He was one of the great

lions of our assembly, and we will miss

him. I read today where he once responded to a question about how he

would like to be remembered. He said

he hoped that one could say of him

that ‘‘He did his best.’’ Well, that he

did. And his best will serve as a reminder and a standard to all of us, for

generations to come.

Mr. President, the distinguished Senator from Georgia has touched on it

when he said I wish to hoe a straight

furrow right down the field, that was

John Stennis. I can hear him now. He

had those sayings about not swelling

but growing in experience. The reverence and respect at that particular

time was for Senators listening and

learning and profiting from experience.

Now the pledge is when you come to

town you are not going to listen to

anybody; you have a contract. You are

going to vote for it. And by the way, do

not give me any of your experience because in 6 years I am gone. It is an entirely different atmosphere.

And when you see, as the Senator

from Georgia has said in such eloquent

terms, one of the finest, I am just deeply moved.

John Stennis and I became very close

amid serving on committees together,

particularly the Appropriations Committee later on.

But his family—the Peden clan—was

from Fountain Inn, SC, where Mr. Quillen was born and other persons of eminence.

Invariably he would come back to

South Carolina for the annual Peden

clan reunion.

I figured, like the Senator from Georgia, that he was my sort of patron and

leader. I listened to him many a time.

I can tell you this. John Stennis was a

man of this institution. We have Senator BYRD, who really reveres the Senate as an institution. John Stennis revered the U.S. Senate as an institution.

And as much as we liked each other

and as close friends as we were, when I

was chairman of the Budget Committee, he followed it very, very closely.

When I was chairman back in 1980, he

would say, ‘‘Fritz, you’re right. We

have to somehow pay our bills. We are

eating our seed corn.’’ He would make

a little talk on the floor, not only with

respect to military affairs, with tremendous authority, but with respect to

fiscal matters.

And later on, when I was not the

chairman of the committee, but I

talked to him and tried to get a vote

with respect to that budget, he would

say, ‘‘I’m sticking with the chairman. I

know how you feel about this, but we

have got to stay with the chairman.’’

I can hear him now. He was an institution man. And that says a lot for the

stability of the body and the courtesy

here and the ethics that we have. He

set the highest standard of anybody I

have ever known.

I will never forget the afternoon he

was shot. Invariably, we would get together down at the gym there at this

time, 6:30 going on 7 o’clock, and get a

workout. He said, ‘‘You’ve got to try to

keep up with Strom.’’ That is my senior Senator. He said, ‘‘You will find if

you stay in good physical shape, you

will be able to keep up with Strom.’’

We would work out. They had this

wheel that you get down on your knees

and you go forward and pull it backward and forward, and everything else.
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