May 8, 1995 CONGRESSIONAL RECORD — SENATE S6241

It was a slave-labor enclave 50 miles away

that I heard the silence of night torn by powerful explosions. Fellow inmates with military experience thought it sounded like artillery. Within hours, we were lined up to be

evacuated, ahead of the ‘‘enemy advance.’’

These forbidden words, never before heard,

and even names of ‘‘enemy’’ commanders—

Zhukov, Montgomery, Patton—were now

openly murmured.

I was beside myself with excitement. Who

are these merciful saviors—Russians? British? American? Salvation seemed so near,

and yet so far away.

Just as the hope of pulling through became

more real, the danger increased. We were

headed back to Dachau, which meant that at

the last moment our torturers would destroy

us. The final solution must be completed, the

witnesses of the crime wiped out.

The death march, through winding back

roads, continued day and night, halting only

for meager rations of bread and water. At

dawn, on the third day, of squardron of Allied fighter planes, mistaking our column for

Wehrmacht troops, swooped down low to

strafe us.

As the SS-men hit the dirt, their machine

gun blazing in all directions, someone near

me shouted ‘‘run for it!’’ A group of us

kicked off our wooden clogs and made a

clumsy, uncoordinated sprint for the trees.

The fire caught most of us. Only I and five

others made it into the forest alive.

We ran and ran, gasping for breath, until

we were sure there was no pursuit. After

nightfall we began to move toward the Western front. When we came close we decided to

lie low, until the German retreat had passed

us by.

One bucolic afternoon, holed up in the hayloft of an abandoned Bavarian barn, I became

aware of a hum, like a swarm of bees, only

louder, metallic, unearthly. I peeped through

a crack in the wooded slats. Straight ahead,

across the field, a huge tank leading a long,

armored convoy lumbered my way.

From somewhere to one side I could hear

the sound of exploding mortars. The tank’s

long cannon lifted its round head, turned

slowly and let loose a deafening blast. The

firing stopped. The tank resumed its cautious advance.

Automatically, I looked for the hateful

swastika, but there was none. Instead I saw

an unfamiliar emblem—a five-pointed white

star.

In an instant the unimaginable flooded my

mind and my soul. After four years in the pit

of the inferno, I, convict No. B–1713, also

known as Samuel Pisar, son of a loving family that has been wiped off the earth, have

actually survived to behold the glorious insignia of the United States Army.

My skull seemed to burst. With a wild roar

I stormed outside and darted toward the

wondrous vision. I was still running, waving

my arms, when suddenly the hatch of an armored vehicle opened, and black face, shielded by helmet and goggles, emerged, swearing

at me unintelligibly.

Having dodged death daily for so long, at

the awesome moment I felt immortal,

though to the G.I. my condition, at the heart

of a battlefield, must have seemed desperate.

Pistol in hand, he jumped to the ground to

examine me more closely, as if to make sure

the kid was not booby-trapped.

To signal that I was a friend, and in need

of help, I fell at his feet, summoned the few

English words my mother used to sigh while

dreaming of our deliverance, and yelled:

‘‘God Bless America!’’

With an unmistakable gesture, the tall

American motioned me to get up, and lifted

me through the hatch—into the womb of

freedom.

On V–E Day 1995, my gratitude to this

blessed land, never trampled by tyrants or

invaders, is a intense as it was 50 years ago,

on that German battlefield. So is my conviction that the five-pointed star, which

brought me life and freedom, must remain a

symbol of hope to all victims of ethnic hatred, religious intolerance and terrorist violence.

V-E DAY—A VICTORY FOR

AMERICAN VALUES

fMr. PRESSLER. Mr. President,

today I join my fellow Americans and

millions of freedom-loving people

around the world in celebrating the

50th anniversary of Victory in Europe

Day.

I am enormously proud of the South

Dakotans who answered their Nation’s

call to free Europe from Nazi terror.

The 34th Infantry Division—the first

American division to serve in the European theater—included three South Dakota National Guard units: the 109th

Engineer Battalion, the 109th Quartermaster Regiment, and the 132d Engineer Regiment. South Dakotans were

with Eisenhower, Patton, and Bradley

when they invaded North Africa in 1942

and Italy in 1943.

More than 2,200 South Dakota National Guardsmen served on active

duty. More than 41,000 South Dakotans

between the ages of 21 and 36 were

called into military service through

the draft and 23,192 South Dakotans enlisted. Hundreds more served as State

guardsmen to respond to civil and military emergencies at home.

South Dakota was a temporary home

to many of our brave soldiers in training. The Sioux Falls Training Base provided technical instruction to 45,000

servicemen. Pierre and Rapid City were

sites for airbases. The latter would ultimately become Ellsworth Air Force

Base. Watertown and Mitchell served

as subbases for the Army. Provo was

the site of the Black Hills or Igloo Ordnance Depot. And an area in the Badlands, known as the Gunnery Range,

was used for bombing practice by the

military.

I join with all Americans in saluting

the enormous contributions of our native Americans from South Dakota in

the war effort. Congressman Ben

Reifel—born on the Rosebud Reservation—was in the Army Reserve when

called to active duty in 1942. He served

in Europe. Reifel reached the rank of

lieutenant colonel by the time of his

discharge after the war.

The Lakota and Dakota code talkers’

contributions deserve special recognition. Their service back then was invaluable. Their story is still legendary

and a source of pride to all Americans.

My former colleague and dear friend

Senator George McGovern was a World

War II veteran and hero. As an Army

Air Corps pilot, Senator McGovern flew

35 bombing missions over Europe in a

6-month period. He also received the

Distinguished Flying Cross for safely

crash-landing his B–24 bomber—the Dakota Queen—on an island in the Adriatic Sea.

South Dakotans know well the heroism of Msgr. Francis Sampson, known

as the Jumping Padre. Monsignor

Sampson was a paratrooper—one of the

first American liberators in the 82d and

101st Airbornes to set foot on European

soil on D–Day. He was captured by the

Nazi Army, escaped and was captured

again, spending the rest of the war in a

German prison camp.

Mr. President, the greatest share of

gratitude and tribute we owe to our

American and Allied veterans—living

and dead. For it is they who put their

lives on the line so that their children

and grandchildren could live in a world

free of Nazi terror. From the shores of

Normandy to the forests of the

Ardennes, American veterans pryed

open Hitler’s tyrannical stranglehold

over Europe. But we must not forget

Americans at home. It was just as

much a Victory in America as it was a

Victory in Europe.

South Dakotans will never forget the

tremendous service of Governors Harlan J. Bushfield and M.Q. Sharpe, who

met the enormous challenges of raising

the State’s National Guard and organizing civil defense drills and bond

drives throughout the war years.

South Dakotans volunteered and

raised funds for eight United Service

Organization [USO] clubs in South Dakota. These USO clubs were much

needed to boost morale among the

troops stationed in our State.

South Dakotans young and old dug

deep into their pockets and piggy

banks to keep American troops armed,

fed, and clothed. During eight national

fund-raising campaigns, South Dakota

exceeded its quotas. South Dakota consistently ranked first or second in the

per capita sale of the Series ‘‘E’’ war

bonds, known as people’s bonds. In

total, South Dakotans raised $111.5

million from the sale of people’s

bonds—that’s $173 for every South Dakotan adult and child. Some South Dakotans even sacrificed their homes and

property for the war effort.

South Dakotans worked overtime in

the fields and factories of our State

growing the food and building the supplies for our troops. Workers in the

K.O. Lee Co. of Aberdeen made grinders

and keyless drill chucks. The Dakota

Sash and Door Company, also of Aberdeen, constructed wooden shell boxes.

The Nichols Co., located in Spencer,

manufactured leather carbine scabbards for jeeps.

Mr. President, I could go on and on

to note the tremendous accomplishments of my State to the war effort. It

is a story that each one of my colleagues could echo. Each State, each

American had a hand in the victory.

Our hearts and minds were with our

courageous American forces overseas.

They answered the call. They stood

face to face with Hitler’s machine of

hate and oppression. They turned the

tide of Nazi aggression.
S6242 CONGRESSIONAL RECORD — SENATE May 8, 1995

But we could not have won on the

European front without a victory on

the home front. Our American forces in

Europe were the best trained, best fed,

and best supplied liberating force ever

constructed on the planet. They were

the best ever abroad because we were

the best ever at home.

Let there be no mistake. The twisted

power and oppression of Nazi terror,

hatred, and Holocaust were no match

for the collective powers of freedom, of

democracy, of individual initiative—

the very essence of America. Today, we

honor the 50th anniversary of that victory. We honor that victory every day

so long as we continue to stand for

these values at home and abroad.

Mr. REID addressed the Chair.

The PRESIDING OFFICER (Mr.

GRAMS). The Senator from Nevada.

Mr. REID. Mr. President, what is the

issue now before the body?

CONCLUSION OF MORNING

fBUSINESS

The PRESIDING OFFICER. Morning

business is now closed.

COMMONSENSE PRODUCT LIABILITY AND LEGAL REFORM ACT

fThe PRESIDING OFFICER. Under

the previous order, the Senate will now

resume consideration of H.R. 956, which

the clerk will report.

The bill clerk read as follows:

A bill (H.R. 956) to establish legal standards and procedures for product liability litigation, and for other purposes.

The Senate resumed consideration of

the bill.

Pending:

Gorton Amendment No. 596, in the nature

of a substitute.

Coverdell/Dole amendment No. 690 (to

Amendment No. 596), in the nature of a substitute.

Mr. REID. Mr. President, in the

State of Nevada, and particularly in

Las Vegas, we have some great illusionists. The most famous are two men

by the name of Siegfried and Roy.

Every night, twice a night, they are

sold out. Presently, they are at the Mirage Hotel and have been there for the

last 4 or 5 years.

These illusionists, as great as they

are, should be taking lessons from

what is going on in the Congress today

and during the past several weeks. We

are talking about things that are really illusionary. For example, there has

been a hue and cry that everything

should be turned back to the States,

that the States should make the decisions on their own destiny. All we hear

is that we should leave them alone and

let the States decide what is best for

them.

In the so-called Contract With America, that is what they talk about—returning as much back to the States as

they could. But here we are, Mr. President, now talking about tort reform

and standing that issue on its head. Instead of returning everything back to

the States, we are saying in this area

that we do not want the States to prevail, we want to have a national standard, which is really unusual to me to

find out how people could reason that

way.

For example, Mr. President, the

State of Washington does not allow punitive damages. I think the State of

Washington is wrong. But that is a decision they made with their State legislature and the Governor.

Would it not be wrong, Mr. President,

if all States had to follow the same law

as it relates to innkeepers, that we

have in the State of Nevada. In the

State of Nevada we have over—in Las

Vegas alone—over 100,000 rooms, more

rooms in Las Vegas than any other city

in the world.

The State of Nevada basically is a resort State. Would it not be wrong for

the laws of the State of Alabama as it

relates to innkeepers to be the same as

the State of Nevada? Of course, it

would. We have special problems with

tort law as it relates to innkeepers.

Therefore, the State of Nevada should

be left alone. We should be able to decide on our own what the law, as it relates to innkeepers, should be for the

residents of the State of Nevada.

The legislation that is before this

body is a bill that usurps and destabilizes well-established State law and

principles as it relates to seller liability.

The legislature of the State of Nevada is meeting as we speak. They are

talking about tort reform in Nevada as

this debate is taking place.

I would much rather rely on what the

State legislature does regarding tort

reform for Nevada than what we decide

back here should be the standard in Nevada.

The State of Nevada has carefully established rules as it relates to product

liability. We have a strict liability

standard for most products that are

sold defectively. We are not unusual in

that regard. There are 45 other States

that have, through their courts or legislatures, adopted some form of strict

liability as it relates to products.

Only a handful of States have chosen

to remove product liability from this

general rule. Should not that handful

of States be left alone?

This bill would undo the law in at

least two-thirds of the States. Contrary to nearly 200 years of State tort

law, this bill would virtually immunize

people who sold defective products.

Another troubling matter, Mr. President, is that this bill overreaches in its

efforts to protect small businesses by

placing a restrictive cap on punitive

damages, or any ‘‘entity or organization with fewer than 25 full-time employees.’’ This overlybroad language

extends the protections of this bill well

beyond the so-called small businesses.

This cap, for example, would completely take away the right that we

have in most States to allow punitive

damages against drunk drivers, against

child molesters, perpetrators of hate

crimes, and even by those who sell

drugs to children.

I have, for more than a week, listened to this debate. Prior to coming

here, I was a trial lawyer. I have tried

scores of cases before juries—almost

100 jury trials. I believe that the jury

system, Mr. President, is one of the

things that we should be very proud of

as a country.

We ought to reflect on the value of

the Magna Carta. It was signed in a

meadow of England, in a place called

Runnymede. King John could not write

his name. He had to put a mark for his

name. The Magna Carta was the beginning of the English common law that

we adopted when we became a country.

One of the things that we brought over

the water and now have and have had

for over 200 years is a jury system,

where wrongs that are perpetrated can

be brought before a group of people and

they can adjudge the wrong, if in fact,

there were any.

My experience in the jury system,

Mr. President, is that most of the time

the juries arrive at the right decision.

I would say that about 90 percent of the

time, they arrive at the right decision.

Not always for the right reason, but

the right decision. I think it is something that other countries have looked

on with awe and respect—our jury system.

Again, this bill would take away and

undermine the jury system and places

arbitrary caps on damages. The substitute arbitrarily caps punitive damages at two times other damages for all

punitive damages cases. In order to

have any deterrent impact, punitive

damages should be based on conduct

that is willful and wanton.

We have heard so much about the

McDonald’s case. But what was the

McDonald’s case? Let me explain, Mr.

President, what the McDonald’s case

was. A grandmother took her grandchild to baseball practice. She wanted

a cup of coffee. She drove to McDonald’s. She got a cup of coffee. She put

the cup of coffee between her legs, and

as she removed the lid from the cup of

coffee, it spilled. She had third-degree

burns over her body. Her genitals were

burned. She had to undergo numerous

painful skin grafts.

A person might say, why should she

be awarded for putting a cup of coffee

between her legs? The fact of the matter is the reason the jury reacted in the

way they did in this case is the fact

that McDonald’s had had 700 other burn

cases where people had been burned

with coffee. They had been warned and

warned and warned that they served

their coffee too hot —190 degrees is the

temperature they served their coffee.

Mr. President, if a person buys a

coffeemaker and plugs it in at home,

and makes his or her own coffee, it

comes out at about 135 degrees—something like that. McDonald’s served

their coffee at 180 to 190 degrees that if

accidentally spilled could result in

third-degree burns in a matter of 2 or 3

seconds.