S7118 CONGRESSIONAL RECORD — SENATE May 22, 1995

one teacher, and the choice came down to

Taxman or Williams, whose qualifications

amounted to a flat-footed tie.

What to do? By the board’s own rules and

past practice, ties were to be broken by a

coin flip. But the board wanted to preserve

racial diversity, and Williams was the department’s first and only black teacher. So

Taxman got the pink slip. And she sued.

Her case was seen as so important by the

U.S. Justice Department that it jumped in to

help, suing the school board for violating the

1964 Civil Rights Act, which prohibits racial

and other discrimination.

The courts agreed. But last year the Clinton Justice Department did something extraordinary. It switched sides, defending the

school board’s choice of Williams as a legitimate affirmative action.

As the controversy over affirmative action

has grown, the administration has scrambled

to downplay its role, fearing reprisal at the

polls. And well it should.

Far from helping affirmative action, approaches like Piscataway’s put sensible affirmative action at risk.

Unlike affirmative action complaints

about hiring and promotion—inevitably complex and arbitrary decisions—this one has a

clear, identifiable victim.

Furthermore, all sides agree the school

board was under no pressure to remedy any

previous discrimination or to correct any

imbalance in minority employment—the

starting point for affirmative action. In fact,

the school exceeded state goals for minority

representation on its teaching staff.

Most importantly, the board could have

achieved its goal without violating anyone’s

rights. It could have come up with a more

creative redeployment of teachers to achieve

the same results. Or it simply could have offered a financial inducement to Taxman.

That’s a common practice, and she was willing to accept.

Instead, as its first resort, it chose to lay

Taxman off solely because of her race. And

that is wrong, no matter what race it is.

Polls show almost no public support for

such action. And the courts have upheld the

rights of employers to make choices based on

race alone only to remedy previous inequities.

Taxman, who spurns interviews, never intended to become a landmark test of firing

as an affirmative action tool. She just wanted to teach. When Piscataway offered to reinstate her in the business education department in 1993, she gladly returned.

But the ruckus didn’t need to happen. The

school board’s well-intentioned ends didn’t

justify its means.

For too many years, millions of women

and minorities were denied equal opportunity and pay because of discrimination in

education and in the workplace. Affirmative

action has done much to remedy that.

Firing Sharon Taxman righted no wrong.

It created one. That is not justice by any

reasonable definition.

AN INSPIRING STORY: A GLORIOUS

fFAILURE

Mr. PELL. Mr. President, we often

celebrate success on the floor of the

Senate: the passage of a particularly

difficult bill, the ratification of a difficult international agreement, or even

the retirement of a public figure who

has built a record of achievements.

This time, however, I would like to

share with my colleagues the inspiring

story of a glorious failure. It truly is

an inspiring story for several reasons:

the age of the individual involved, the

wisdom of his perspective, and the

strength of his spirit.

I do not know Mark Pfetzer but, as a

Rhode Islander, I have been following

the news accounts of this 15-year-old

high school freshman’s attempt to become the youngest person to climb

Mount Everest.

Mark has climbed at least 26,000 feet

up the 29,028-foot Himalayan mountain,

perhaps even higher, when he reportedly was forced to turn back because of

rib injuries.

According to his mother, he was injured during a coughing fit brought on

by the extremely dry and thin air near

the summit. Those injuries reportedly

led a doctor to rule Mark out of the

final assent to the summit.

I found one quote from Mark’s mother, Christine Pfetzer, to be particularly

telling. She said that during his preparations for the expedition he was fond

of a quote by the Roman general

Cassius: ‘‘In great attempts it is glorious to fail.’’

Mr. President, I congratulate Mark

on his effort, his wisdom, and his spirit. I am confident that his glorious failure will lead him to a life of continued

success.

I trust that, with his attitude, he

eventually will climb the highest

mountain—all the way to the top. I am

sure he will go on to new conquests, if

he remains willing to take the chance

of failure.

We wish him well and, when he returns to Rhode Island in June, I hope

his homecoming is only the beginning

of a life with great promise.

I ask unanimous consent that a May

18 wire story by the Associated Press,

titled ‘‘15-Year-Old Fails in Everest

Summit Attempt,’’ be printed in the

CONGRESSIONAL RECORD.

There being no objection, the article

was ordered by be printed in the

RECORD, as follows:

MIDDLETOWN, R.I. (AP).—A 15-year-old high

school freshman’s attempt to become the

youngest person to climb Mount Everest has

been halted by rib injuries.

Mark Pfetzer spoke to his mother, Christine Pfetzer, by phone this morning from an

Everest base camp. She said Mark was forced

to give up a summit attempt because of

bruised and sprained rib muscles and at least

one cracked rib.

Mark was injured during a coughing fit

brought on by the extremely dry air on the

29,028-foot Himalayan mountain, she said,

adding that the doctor who examined her son

had seen at least five similar injuries on Everest this year.

Christine Pfetzer said she did not know

how high her son climbed before he turned

back. He had reached 26,000 feet earlier in

the expedition.

Pfetzer said recent severe weather on the

mountain has cleared and at least two other

climbers from Mark’s expedition will attempt the summit climb. Her son, however,

will not be among them.

‘‘With the ribs, the doctor said no,’’ Christine Pfetzer said.

‘‘(Mark) did work really hard,’’ she said. ‘‘I

think he should have all the commendations

he can get for what he accomplished at his

age.’’

Pfetzer added that during her son’s preparations for his Everest expedition he was

particularly fond of a quote by the Roman

general Cassius: ‘‘In great attempts it is glorious to fail.’’

She said her son’s rib injuries would take

about a month to heal, but that he already is

looking ahead.

He said, ‘‘There’s next time,’’ she said.

Since taking up climbing three years ago

at a summer camp, Pfetzer has climbed once

in the Himalayas, scaled Argentina’s 22,834-

foot Mount Aconcagua, 19,347-foot Mount

Cotopaxi in Ecuador and two Peruvian

peaks, 18,870-foot Mount Pisco and 22,200-foot

Mount Huascaran.

Only about 400 people have reached Everest’s peak since Sir Edmund Hillary of New

Zealand and Tensing Norkay of Nepal first

scaled it in 1953. Another 109 have died in the

attempt.

A 17-year-old French boy was the youngest

person ever to climb Everest, reaching the

summit in 1990.

Christine Pfetzer said she expects Mark

back in Rhode Island in the first week of

June.

WAS CONGRESS IRRESPONSIBLE?

THE VOTERS HAVE SAID YES

fMr. HELMS. Mr. President, more

than 3 years ago I began making daily

reports to the Senate making a matter

of record the exact Federal debt as of

close of business the previous day.

As of the close of business Friday,

May 19, the exact Federal debt stood at

$4,883,151,973,639.38, meaning that on a

per capita basis, every man, woman,

and child in America owes $18,536.53 as

his or her share of the Federal debt.

It is important to note, Mr. President, that the Senate had an opportunity to implement a balanced budget

amendment to the Constitution. The

Senate lost its first opportunity to

control this debt by one vote. There

will be another opportunity in the

months ahead.

TRIBUTE TO COACH HAYDEN

fRILEY

Mr. HEFLIN. Mr. President, many in

the athletic circles of Alabama were

saddened last month by the death of

Hayden Riley, former University of

Alabama basketball and baseball

coach. In 1964, 1965, and 1967, his basketball teams achieved upset victories

over the University of Kentucky, truly

remarkable feats. From 1971 to 1979, he

served as the school’s head baseball

coach, winning two SEC championships.

Originally from Guin, AL, Hayden

Riley attended Marion County High

School, playing four sports while a student there. In 1942, he was called to active duty in the Navy. While stationed

at Pensacola Naval Air Station, he

played football, basketball, and baseball.

After being discharged, he attended

the University of Alabama, where he

lettered in basketball and baseball

from 1947 to 1949. In 1948, he graduated

with a degree in physical education and

went on to receive his masters in 1953

in physical education and school administration.