A98 and Shifrin and Harland Bartholomew col- laborated, is one of aviation’s outstanding documents. This briefly, but it is hoped essentially, covers the “situation aviation” in St. Louls to date, except for one major circumstance which is stated at the conclusion of this report. A NEW PROPOSAL AS TO FUTURE PROCEDURE AND ORGANIZATION The committee has now highlighted the nature of the city’s probable part in aviation, what the city may expect to find in the avia- tion business, and how and through whom the city has been acting on aviation matters. It now remains to offer an approach holding reasonable hope for a permanent, long-term solution to the difficulties and dangers in procedure and organization as presently prac. ticed in compliance with the city charter re- quirements. Even though open to the charge of being repetitious, the committee wishes to again point out a probable forecast for aviation and the city’s future efforts therein. It is to be recalled that, with the close of the fighting war in 1945, aviation sprang out of its Pan- dora box and all the prior planning in the air world did not remotely forecast ita acceler- ated pace or the speed of its changing de- velopments. And it may well be that, after some reactionary lull now appearing on the horizon, aviation will take on another and even bigger spurt. This may require reap- praisal and much investigation and reorgan- ization of the city air facilities—in other words, much of the planning to date may be revised at far greater effort than the original attempt, because aviation is bound to get more technical and complicated in its inter- nal affairs even though the service which it renders our people is, in outward aspects, ever betng streamlined and simplified. The probability in the public mind of this future situation is why the committee has felt its real job was to suggest a pro- gram to mect it. We cannot always hope to be fortunate or lucky or have our lead- ers pinch hit aviation rabbits out of our hats. This aviation of the future will re- quire good men to handle it, adequately reinforced by the best of organizational ad- vantages with complete freedom in pro- cedural matters. If the major jobs were already done, the house of aviation ali built and satisfactorily occupied and its func- tions and duties had joined all the other city functions and duties harmoniously, then perchance, the present set-up could be expected to carry on with only a reasonabie share of extra worries. But with a practi- Cal certainty that such cannot in all proba- bility be the case, it seems imperative to the committee to take every precaution to reduce the city risk by securing the best tools available to do the job. The committee studied the problem in its theoretical aspect as well as the practical application. Theoretically it first tried to solve “How can city government best deal with its aviation problems?” But this question was soon changed to “How can the citizens best deal with the aviation problems through their city government?” This brought prompt results. Students of government explain that, with the city in the aviation business, there is present all the normal problems of obtaining good gov- ernmental administration raised to double or triple intensity. This is because of the great technical knowledge required and the big risks involved due to the tremendous ve- locity of changes and development in air transportation, requiring the shrewdest of business talents and rarest of foresight. Both of these prerequisites of extraordinary technical and business acumen are in sub- stantial addition to the normal require- ments needed for good governmental ad- ministration of the services customarily furnished by cities. Purther, it is harder to execute the task of keeping the citizens satisfied as to the city’s performance in its aviation business. In the broadest terms, there are three steps open: 1, Elimination of the business of city avia- tion—the city to get out of so risky a com- mercial enterprise of such highly technical requirements as to never permit of ready pub- lic appraisal; 2. Turn it over, in toto fully financed, to @ technical and business management to handle, ad lib, within a rigid framework set up to protect the citizens’ financial and Civic interests; 8. To form an airport agency responsible to the people, tied into the city government by mayoralty appointment and by financial accountability, authorized to hire the busi- ness and technical director with staff, to manage the business largely as would direc- tors of a private business, and to be account- able to the citizens as the stockholders. THE COMMITTEE'S RECOMMENDATION The committee favors the third alternative, either in the form of a city authority under State sanction or as a city-owned corporation. The latter would probably be preferable. Thus, or only from something very similar, can city aviation be assured of the attention over the long term that it so urgently needs with single straight-line responsibility and authority and all the other advantages which come from the special designing of the best possible vehicle for streamlined use. REGIONAL SCOPE OF PROBLEM The committee recognizes that aviation is & regional problem. The city of St. Louis is only one factor in the over-all scheme. While the duties of the committee are, of necessity, limited to a discussion only of St. Louis’ part of the problem, it feels it is not out of order to call attention that its con- clusion suggests 8 ways and means which would permit the city’s participation, simply and effectively, in regional activities and facilities. INFORMED PUBLIC NECESSARY In all of these operations it is absolutely essential to have the support of an informed public, The press of St. Louis, through its wide news coverage and editorial comment, have done much tocrente the necessary pub- lic awareness of the importance of aviation to the growth and future of St. Louis. I THE COMMITTEE FINDINGS (8) Much has already been accomplished toward aviation progress in St. Louis. Con- sideration has been given to the chaotic con- ditions of the aviation enterprise itself. Handicaps and restrictions which have beset businesses and municipal activities during the war and postwar activities have also been factors affecting the results. This situation which faces St. Louis is no different from that which affects all other major American cities. The condition is universal. ACCOMPLISHMENT (b) It should be noted, that at the begin- ning of the war, the total investment in air- port facilities by the city was @8,073,500. Dur- ing the war, little construction was possible; at the same time, between 1943 and 1945, a half million dollars was expended for land acquisition and construction. In the past 12 months more progress has been made than in the 26-year, 1919-45, era. In the past year alone, according to the city’s rec- ords, $3,500,000 has been allocated for land acquisition and construction, which sum more than doubles the previous airport in- vestment by the city. TO BE DONE (c) A tremendous amount still remains to be done. There must be no complacency or . Satisfaction. with past accomplishments. The important thing now is the speed and APPENDIX TO THE CONGRESSIONAL RECORD manner in which present and future objec- tives are to be achieved. SCHEDULES AND PUBLICITY (a) For projects already accepted as city responsibility definite plans and work sched- ules should be established, Insofar as the course has been plotted, policy made and announced, work must proceed as expedi- tiously as possible, (b) These work schedules should be pub- lished so that all the citizens may know what to expect. The committee is in full accord with Major Lambert's recommendations with respect to this point. (c) Work schedules should be adhered to as closely as possible. When such schedules are changed or retarded for any reason, the explanations for the delays should be fully and frankly published. peed SELF-SUPPORT Aviation facilities should be self-support- ing. Commercial airports, supplemented by the income from their auxiliary facilities which serve the public, can and should be made to pay their own way. In fact, all airports should be made as self-sustaining as possible. Iv A NEW PUBLIC AGENCY (a) A city airport authority should be established to fix the nature of the city’s responsibility for aviation objectives. This public body should be a new one and be brought into being as soon as possible. (b) It should have: 1. Definite responsibility and centralized authority to develop and operate the city’s air facilities in a businesslike and expeditious manner. 2, Sufficient qualified personnel to carry out the policies and objectives chosen by the citizens. 8. Power and responsibility of coordinat- ing and furthering the area aviation plan. (c) The committee recommends that the Governmental Research Institute of St. Louis, which enjoys the confidence of the citizens of St. Louis, be asked to study and recommend the exact nature of such a pub- lic agency or body, whether it be pubiic, cor- porate, or private, and to outline the steps necessary to insure its legal competency. (d) Our citizens have selected certain aviation objectives. They have voted con- siderable sums of money for their attain- ment. The recommended city authority must be given the responsibility for carrying out these objectives and square that respon- sibility with the proper ways and means of pursuing them, including the allocation, with fairness to all of the funds available to finance them. (e) The committee invites attention to section 15126, Revised Statutes of Missouri, 1939, which states in brief that local legisla- tive bodies may vest jurisdiction “for the construction, improvement, equipment, and maintenance and operation of airport facili- ties in any suitable officer, board, or body of such city.” The statute also provided that legislative bodies may, by franchise or con- tract, authorize others to perform the above. Since this statute may be subject to various legal interpretations, it is recom- mended, as a first step, that the Govern- mental Research Institute outline the pro- Cedure necessary to resolve any legal com- plications, if such are found to exist. IN CONCLUSION The committee has previously stated that the many contentions and counterconten- tions herein considered are too lengthy and numerous to be adjudicated by it if this re- port is to be timely and of value. When the premises are.more clearly defined, the com- mittee..is convinced, many of these differ- ences will be automatically resolved.
APPENDIX TO THE CONGRESSIONAL RECORD It should be made clear, however, that the committee is not evading the made and answered. It strongly feels that it is more important to address iteelf to the ma- jor issues, namely, what can be done con- structively to accomplish the city's aviation objectives, in the best possible manner, and which will avoid a recurrence of these dif- Terences. Even if solutions to each and every con- tention were advanced, if there is to be no basic change in the approach to the city's aviation problems, as many or more new contentions, arguments, and differences would arise requiring constant liquidation, It would be a never-ending process, The occasion and nature of these conflict- ing contentions have been taken into con- sideration, however, and whenever applica- ble, used as the basis for the committee's recommendations. If the committee has made helpful, fun- damental suggestions and recommendations as to the practical steps to be taken to achieve rapid and successful growth of the air fa- cilities of 8t. Louis under the circumstances now existing, it will have achieved its pur- pose to that extent. FEDERAL USURPATION CAUSES A CRISIS Grave and fundamental, however, as are the considerations herein discussed, there is another matter so desperately urgent that, although not definitely charged with its con- sideration, the committee has felt compelled to take it into account. Before a week is out, the committee will submit a detailed report which is now nearing completion. This is the story of the usurpation by Fed- eral agencies using war powers to project their war contro] of Lambert-St, Louis Air- port into permanent peacetime control. Without satisfactory solution of this com- plete debacle to all the St. Louis aviation hopes and plans, nothing else can be rela- tively of much importance. Respectfully submitted, JouN J. CHURCH, RUSSELL E. GARDNER, Jr., Grorcr C. SMITH, Currrorp W. GAYLORD, Investigating Committee. St. Louis, Mo., December 30, 1946. Signed by the committee December 31, 1946. NovemsEr 23, 1946. A. P. KAUFMANN, City Hall, St. Louis, Mo. Dean Mayor KAUFMANN: A year ago, after my release from active duty with the Army Air Forces, I accepted your invitation to be- come associated with your administration as chief of aeronautics for the city of St. Louis. The job as you outlined it to me, was one of considerable responsibility, and one which would utilize my 8 years’ experience in aero- nautics. You told me of your desires and hopes of accomplishment, And I felt, in ac- cepting your offer I might be of assistance tn advancing St. Louis’ position in aviation. I can assure you I entered into my work with great hope and enthusiasm. During the year I have found aviation mat- ters in the city administration to be the con- cern of many departments and the respon- sibility of none. In spite of this handicap I made every effort to fit myself into the con- glomerate picture. I was satisfied to work for the time being within the narrow limi- tations of one department in the hope that decisions could be reached for a consolida- tion and a coordination of aviation effort without interminable delay and fruitless dis- cussions. But, after a year, I have determined that under the present conditions the city of St. Louis has no function for a chief of aero- nautics, since he can be nothing more than an adviser on minor aviation problems. In view of this conviction on my part, I feel that I must submit my resignation to you. My further association with the city in my present position will place a burden upon the taxpayers for a service which can- not be rendered. I assure you, however, that I shall be happy to serve the city voluntarily in an advisory capacity should such service be requested. With many thanks for your many cour- tesies, I remain, Respectfully yours, James H. Howarp, Chief of Aeronautics. SuMMaRyY oF STATUS OF THE AIRPORT SITUA- TION IN THE ST. Louis AREA OcTorge 1946 For the purpose to be defined herein, and in a broad sense, aviation can be divided into two phases: Pirst. Aircraft operations. Second. Ground and terminal facilities. One is measured by the scope of the other. Aircraft operations have developed in greater volume than provisions made for ground and terminal facilities, In this re- spect most communities, or responsible au- thorities, have followed the path of least resistence in emphasizing the more glamor- ous development of aircraft operations with- out equivalent attention to the needs for adequate grounds areas that must necessarily and concurrently be provided. The Aviation Council of Metropolitan St. Louis was organized and incorporated in June 1046, primarily to promote St. Louis as a national air center. They have an- nounced a year-round program to stimulate local aircraft flying by different monthly events and features. In a factual statement covering the future of St. Louis in aviation, they present comparative figures showing the’ increase in aircraft operations, passengers, air mail, air express and freight—and with predictions for the future. The council states that St. Louis, for lack of airport facilities, finds itself utterly unprepared to meet present or anticipated air trafic. How- ever, they say the problem is capable of solution. Organization and leadership are required. Although the aviation council can of its own initiative promote and stimulate al. craft flying, they are rather dependent upon the city airport commission and the au- thorities of adjacent political subdivisions to concurrently provide adequate landing fields and airport terminals sufficient to meet the situation as it develops. The aviation council rightly asserts that it is the only organization in this metropolitan area capa- ble of doing the broad and detailed job of chartering the course, and of exerting the pressure necessary to bring to this entire area the full advantages of the air age. Under date of June 5, 1944, Horner and Shifrin submitted to the airport commission @ report and survey specifically covering the expansion of the Lambert-St. Louis Munici- pal Airport to its fullest extent. Said report outlined in detail the progressive stages of development in the order of their impor- tance. On July 10, 1944, Horner and Shifrin submitted a revised plan of the fleld and run- ways with recommendations that the final study and recomputation of the over-all grad- ing be made in order to secure a more eCon- omical balance of cut and fill. All of which was approved by the airport commiesion and endorsed by the chamber of commerce air board. Under date of August 20, 1945, the cham- ber of commerce air board addressed a com- munication to Mayor Kaufmann presenting therein a series of questions incident to the progressive development of Lambert Field, and requested a review of the essential items in the order of their importance, and stressed the fact that the time factor was all-impor- tant in the final accomplishment of the proj- ect. In this respect, a primary purpose of the aviation council will be to follow up the ini- A99 tial effort of the air board. However, the council cannot comprehensively carry out this purpose without a definite knowledge of the situation as it has developed since 1944, and likewise an established program for the future. At a recent meeting of the airport com- mission, and in a declaration of policy, the following paragraph, among others, was ap- proved: “Lambert-St. Louis Municipal Airport is the only site presently available in the timing necessary to hold 8t. Louis’ present position and to permit improvements necessary to keep pace with airflight progress thereby avoiding a gap in St. Louis air development.” On thts assumption and in view of the past, present and future situations, the time fac- tor becomes all-important to any ultimate accomplishments. As Lambert Ficld in its expansion will be the sustaining feature around which a re- gional-airport system will be created, {t would be expedient at this time to ascertain and set up in detail the exact status of its pres- ent development, and of extreme importance, an estimated timetable covering each of the following items listed in the order of their procedure. In their sequence one cannot be undertaken until the other is practically completed, No. 1. Over-all design and plane and speci- fications. No. 2. Additional land. . 8. Field drainage. No. 4. Removal and relocation of Airport 5. . Grading. No. 6. Construction of single systenf run- ways, texi strips and terminal ramp. No. 7. Terminal building, water supply, sanitary sewers. No. 8. Location of parking areas and high- ways in relation to the terminal building. No. 9. Field lighting. THE TIME FACTOR A timetable, as may be assigned to each {tem of improvement, or concurrently to more than one item, can only be estimated upon present conditions and the uncertain conditions of the future. Nevertheless, it will prove an incentive and a guide to proceed in a methodical manner and with the least delay. If there is a valid reason for delay the public will more readily understand and accept the situation. All conditions considered, and without con- current contracts on two or more items, it has been unoffictally estimated that the fol- lowing items will not be completed within the dates indicated: . No. 8. Drainage, June 1947, No. 5. Grading, June 1948. No. 6. Runways, etc., May 1949. No. 7. Terminal building, August 1950. No. 9. Lighting, February 1951. These estimates are not based altogether upon the actual periods of construction. Consideration has been given to the inter- vening periods of delay generally incurred by a slow process of municipal administra- tion here and elsewhere. A revision by com- petent authorities may change these figures slightly more or less depending upon how much of the master plan, beyond stage three, will be carried out. Much has already been accomplished to- ward the materlalization of this project. Nearly all of the land has been acquired by the city; the covering of Cold Water Creek proper is 90 percent finished. Through bond issues and city ordinances funds are avail- able for the initial items of construction, An appropriation of approximately $1,250,000 ‘was approved by ordinance for the construc~ tion of a 9,000-foot east and west runway, and awards made for a design of the new termi- nal building. Plans and specifications are ready for the further draining and grading of the fleld.
A100 In the meantime the city administration has done everything possible to maintain the present field at its maximum capacity in resurfacing the runways; extension of the administration building and receiving ramp; added facilities for the air lines, mail and express; removal of the grain elevator and many other items incident to airport opera- tions. Of major importance will be the im- mediate construction of a 4,100-foot runway that will comprise the western end of the 9,000-foot runway ultimately to extend into the expanded area. Bids will be received October 29. AIRPORT PROGRAM-—CITY OF ST. LOUIS The immediate program provides for the expansion of Lambert Field; the acquisition of Columbia Bottoms as a second major air- port site and the further development, if possible, of the Ross Field, North Broadway. At least these three projects are in sight and under way. We must not continue under a misconception that St. Louis will in the near futwe construct two small airports within the city mits. The Columbia-Hampton site was ruled out some time ago. The Morgan- ford-Weber site is a component and vital part of the St. Louis program. After 2 years of search and study and by elimination it is the only remaining site capable of de- velopment as an urban airport. It is, first, subject to an ordinance in order to institute condemnation proceedings, In view of or- ganized protests in the vicinity the passage of such an ordinance is problematical. Fed- eral participation is also a necessary factor. One thing is certain, the project will not matemMalize of its own accord. REGIONAL AIRPORT PROGRAM In 1944, the Metropolitan Plan Association agreed to create a metropolitan-airport pro- gram based on the Horner and Shifrin Re- gional Airport Survey of 1944, and to bring into accord as much as possible the respec- tive programs of the city of St. Louis, St. Louis County, and the adjacent areas in Illinois. This authority and procedure were approved by the city airport commission and the chamber of commerce air board. How- ever, very little progress was made along these lines. It would be advisable at this time for the Aviation Council of Metropolitan St. Louis to ascertain if such a thing exists as a coordinated regional-airport program suf- ficient in scope, provisions, and purpose to Justify Federal recognition. The above data is presented unofficially in the interest of local aviation, and the fact tha‘ our aircraft operations will be limited to the ground space provided for the pur- pose. The Aviation Council of Metropolitan St. Louis is community-wide in its function and purpose. The ort commission in its authority is practically confined to the airport program for the city of St. Louis, In coordination much can be accomplished. A. B. LaMsBert. Sr. Louis, Mo., November 7, 1946. Mr. Russx._, E. GARDNER, Jdr., St. Louts, Mo, Dear Russe._: I appreciate your letter of November 4, and also the opportunity it gives me to reply in detail relative to the airport summary, and your inquiry. In the first place, I presented only the bare facts as they actually exist and without criticism on my part. The general theme throughout the summary relates to the all- important time factor. As quoted on page 4, the airport commission in a declaration of policy declared that Lambert Field “is the only site presently available in the timing necessary to hold St. Louis’ present position and to permit improvements necessary to keep pace with air-flighted progress.” The tentative time table set up on page 3, is subject to revision by the proper authori- ties, either on the step-by-step basis or on the concurrent development of two or more items—and therein, after careful study, les the answer. In this connection I pointed out that if there is a valid reason for delay the public can more readily understand and ac- cept the situation. . T had in mind the airport-bond-issue cam- paign of 1942, of which I served as chairman. Conducted on a broad acale, the citizens of St. Louis were educated to the vital needs of aviation and the results that could be ac- complished. The $4,500,000 proposition was approved & tol. In the more recent general bond-issue campaign the airport item was dramatized in tense promises, In February 1945, the airport commission and the chamber of commerce air board ap- proved a definite airport program for the city of St. Louis as follows: The expansion of Lambert Field, the acquisition of Columbia Bottoms, and the construction of two or three smaller airports within the city limits (copy enclosed). Since that time the city has been confronted with many perplexing problems in the culmination of each and every feature of said program. In my opinion, the press and the expec- tant public have not been sufficiently advised from time to time as to the progress made on any one item, and also on the status of the entire program. Consequently, there appears to be a rather prevalent and per- sistent impression that our local airport pro- gram has been unnecessarily delayed. Right or wrong, this subject has been in the open for some time through the press, editorially and otherwise, over the radio, at public func- tions, and by individual citizens. It all re- veals a keen proprietary interest in the en- tire proposition. For instance, the real- ‘estate exchange in January 1946 addressed a communication to the city officials urging that prompt steps be taken to acquire land for several small urban airports. Occasionally statements are made about authorized improvements that are too far ahead of immediate accomplishment. In one instance it was announced through the press, April 12, 1946, that the citizens’ bond issue advisory committee had approved the airport grading of approximately 3,500,000 cubic yards and that the project is expected to start this summer. The public absorbs these things without a knowledge of the intricate proceedings the city must follow. Nevertheless, for lack of evidence it serves to create a feeling of delayed action that must be broken down or accepted as inevi- table. The citizens of St. Louis have been ex- tremely generous in their support of aviation and, judging from the past, they will not question any increased costs over the original estimates in developing Lambert Field to its maximum capacity in the least length of time, The stake is a big one and of vital consequence in sustaining our air-line opera- tions. Lambert Field has been instrumental in bringing over 890,000,000 to the St. Louis area since 1986. It is now the nucleus of a rapidly growing industrial district and sub- division, If the field could be concurrently developed to include the fourth and fifth stages of the master plan, it would bring in lucrative returns—moreover, it would dis- count the need of Columbia Bottoms for many years to come. However, this is not the point of this communication but only a thought for consideration, In submitting a summary of the airport situation I feel I have acted in the best in- terests of aviation; the public, the city ad- ministration, and, I am sure, Mayor Kauf- mann in the end will agree with me. I gave full credit to the administration for what has been accomplished. If the facts are correct, and I think they are, then it points to a more concerted action by all concerned in reducing the time factor now facing us. A detailed study and break-down of each item in the order listed on page 2 may assist you in determining the possibilities of ad- APPENDIX TO THE CONGRESSIONAL RECORD vancing the indicated timetable on page 3. If a timetable is not considered expedient, then to refine the procedure in order to ac- complish the same results. I have exhibits of each statement made in the summary and these I would be pleased to review with you at your convenience. I personally appreciate the interest both you and Clif have displayed in aviation and the time both of you are willing to devote in tts advancement, and I am sure the com- munity at large reflects the same sentiment. Sincerely yours, A. B. LAMBERT. STATEMENT oF City OFrictaLs WiTH RESPECT TO PROGRESS OF AVIATION PROGRAM WITHIN Past 3 YEARS GENERAL COMMENTS The runway facilities at Lambert Field were capable of, and do accommodate, any and all types of airplanes now being used. A check of the operating manuals issued by the various air lines discloses that there is no restriction or limitation or penalty on Lambert Field with respect to any air- craft now being operated or now proposed to be operated by any air line, nor is there any lack of facilities which causes the field to be inadequate to accommodate the amount of airplane traffic now using the airport. No airplane desirous of coming into St. Louis has ever been unable to do s0 either because of insufficient length or num- ber of runways. No lack or inadequacy of facilities at Lambert Field has ever caused one single plane to bypass St. Louis. This is not to say that the city should be complacent with a status quo; in fact, it is positive that better facilities are needed and it is known that in the near future more extensive and more numerous runways will be necessary to handle the increased business. The speed with which construc- tion at Lambert Field is now being carried out guarantees that the development will stay in advance of the needs. Nevertheless, the above comments with respect to present conditions are made to disprove irresponsible criticism of those who claim that St. Louis is losing aviation serv- ice for lack of facilities. Anyone who has made the comparison will admit that the facilities at Lambert Field are equal to, or better than, those now available in any other large city in the United States, with the possible exception of Washington, D. C. METROPOLITAN AIRPORT-DEVELOPMENT PLAN In the early part of 1944, city officials be- came convinced that the over-all master air- port-development plan, covering the entire metropolitan area, was essential. The value of such a study and plan was discussed with the CAA who agreed that such a study was required in order to secure orderly develop- ment. Since this time various regional offices of the CAA have adopted this principle and incorporated it in their regulations covering metropolitan areas. Mr. Harland Bartholo- mew, in collaboration with Horner and Shifrin, were employed to prepare this study. Their report was completed in November 1944 and later published as a 75-page printed report. It contains estimates of future air traffic which may be expected in the &t. Louis area and interprets the needs which may result from that traffic in terms of num- bers and sizes of airports. In addition, the entire area was studied as to availability of sites and general areas selected within which the needed facilities might be provided. This report, which was one of the first of its kind published in the United States, has received not only national, but international, recognition. The CAA has adopted it as a model for other cities and copies have been disseminated for great distances, requests having been received from many foreign countries. It should be noted that all plan-
APPENDIX TO THE CONGRESSIONAL RECORD ning and construction work which the city of St. Louis has undertaken has been in con- formity with the recommendations con- tained in this report. SUMMARY OF OVER-ALL ACCOMPLISHMENTS As a meeSure of the over-all accomplish- ments, and in an attempt to fix the time interval during which rapid progress has been made, the following analysis of records in the comptroller's office has been prepared: Investment in airport facilities by city of St. Louts A. Investment as of Jan. 1, 1942: Bond fund....---.-...-- $2, 000, 000. 00 Special funds (WPA, special appropriations, CAA) ....----~----...-- 1, 073, 500. 00 Total ....-.....-.-...- 8, 078, 500. 00 B. Investment during war period, Jan. 1, 18432, to Sept. 1, 1945: Lambert Field: Land ..-.------.-..- 406, 996. 85 Runways, aprons, etc. 70, 239. 40 Buildings -......-... 82, 817. 26 Columbia Bottoms: Land. 105, 800. 89 Total. 665, 854. 40 Cc. Investment during postwar period, Sept. 1, 1945, to Dec. 81, 1946: Lambert Field Land -..-----------. 647, 564. 44 Runways, aprons, etc. 838, 725. 50 Buildings --...--.... 86, 176. 04 Drainage_-.-....---. - 1,224, 481.28 Columbia Bottoms: Land ...-..-----.-.. 523, 004. 99 Total ...---..----- 8, 619, 902. 84 Grand total... 7, 259, 256. 74 Norz.—The figures used in the items listed above include that amount which has already been spent, together with that which is ac- tually under contract with work in progress, A giance at this tabulation reveals some startling and significant facts. It will be noted that the entire investment of the city of St. Louis in airport facilities at the begin- ning of the recent war was alightly over $3,000,000. During the war period only little construction was possible, but between 1943 and 1945 some $500,000 of land was acquired. The interval since VJ-day has been one of intense activity and it will be noted that within the past year alone in excess of 83,- 600,000 has been expended for land acquisi- tion and construction work. Thus it will be seen that in the past 12 months more prog- ress has been made than in the entire his- tory from 1919 to 1945. In fact, the total inveatment in airport facilities has been more than doubled within the past 12 months. Careful inquiry and analysis of accom- Plizhments in other cities discloses that no other city can approach this record. While many cities have announced rather grandiose plans, only one or two have provided any funds for carrying out those plans, and no city in America can point to any actual ac- complishments which are even nearly com- parable. LAMBERT FIELD Inasmuch as it was impossible for the city to carry out actual construction during the war years, this period was devoted to an intensive study and preparation of engineer- ing plans. With respect to Lambert Field, a complete analysis of possibilities for expansion was ‘undertaken by the city’s consultants, Horner and Shifrin, who filed their report in June 1944 recommending a master plan of ultimate development. After this plan was adopted by the airport commission, work was started on preperation of detailed engineering de- sign, plans, and specifications. Today all such plans and specifications covering the entire future development of the field, and includ- ing those for grading, drainage, and runways, are complete and ready for the taking of bids, ao that there will be no delay in passing from one construction phase to another. The city also commenced acquisition of land by the passage of the necessary ordi- nance and the filing of condemnation suits in the St. Louis County circuit courts. With but few minor exceptions, none of which interfere with the first construction stage, all needed land has now been acquired. This process involved negotiations with more than 200 individual property owners, and included appearances at hearings before various groups of appraisers appointed by the courts. At the etart of this task, about 2 years ago, Lambert Field consisted of approximately 400 acres of usable land, and this has now been expanded to 1,400 acres, or more than three times its former size. In acquiring this land the city has expended in excess of $1,055,000. Wishing to have an official expression with respect to the attitude of the Federal Gov- ernment concerning airport construction, the city did, on three occasions during the war, file requests for permission to construct such work. These requests were denied until June 1045, when permission to start en- closure of Cold Water Creek was granted. However, this permission was without pri- ority assistance. In spite of these difficulties the enclosure of the main branch of Cold Water Creek is now an actual accomplish- ment, the work having been completed within the past few weeks at a total cost of 712,000. With the arrival of VJ-day the major con- struction work has been rapidly accelerated, and there is now in actual progress two large contracts, one totaling $512,000 and embrac- ing two main trunk sewers, which are to be the backbone of the new drainage system, and another estimated to cost $753,000 for the construction of a portion of the main new east and west runway. These latter two construction jobs, together with others which will be mentioned later, bring the total of work now actually under construc- tion to a figure in excess of $1,600,000, and Lambert Pield is now a beehive of activity. Pending completion of the above projects, which are a portion of a long-range program, and in order immediately to provide facilities for handling the ever-increasing business at Lambert Field, the city has also undertaken a number of other improvements, both to the field and to the administration building. Principal among these is the erection of an addition to the terminal building itself, which is designed to provide additional ticket-counter space and approximately four times the present waiting-room area. Asso- ciated with this project is the remodeling of one of the hangars to take care of the Post Office Department and to provide offices for the operations divisions of the various air lines. To permit airplanes to park in closer prox- imity to the terminal building, thus reduc- ing walking distance for passengers and speeding the handling of traffic, a long con- crete finger, flanked on either side by con- crete loading platforms, has been con- structed out into the field, and fencing has been rearranged to provide easy access for passengers and to exclude the public from the area in front of the administration build- ing. Included in this program, also, is the provision for loading and unloading limou- sines under covered areas at a point adja- cent to the field proper and new baggage- handling facilities. Ail of this work in the terminal area is practically complete, some it actually being in service at the present and the remainder will be finished with- the next 2 or 3 weeks. Bes A101 Another phase of the Lambert Pield expan- sion which has received considerable atten- tion is that of the new terminal facilities and administration building. Architects have been employed to design these features, and preliminary plans are already complete and are under submission to the air lines for suggestions and comments. Work is pro- gressing rapidly. The acquisition of adequate road access to Lambert Field has not been overlooked, and some time ago, at the instance of the city, the Missouri State Highway Department was en- couraged to inaugurate a program for the widening of Natural Bridge Road. Plans for this project contemplate a two-lane highway in each direction, with an intervening park- way, and the city has been successful tn hav- ing this project adopted by the Federal Bureau of Public Roads, thus making Fed- eral funds available. Construction plans for the widened road are complete, but the work cannot be started, pending acquisition of the right-of-way. The city has agreed with the State high- way department that it will furnish that portion of the right-of-way adjacent to the property which the city has acquired in the expansion of Lambert Field, and in addition the city secured the cooperation of the 8t. Louis Public Service Co. in filing an appli- cation before the Missouri State Public Serv- ice Commission for the abandonment of ap- proximately one-half mile of streetcar tracks, which lie along the side of, and adjacent to, the present road. This case was heard by the commission many months ago, and is still pending and undecided. In the interim, the State highway department has also filed condemnation suits against various property owners and is busily engaged in securing easements and rights-of-way from a large number of others involved. We understand that actual construction work will be started in the early spring. The city for some time has been dissatis- fied with the Bridgeton Station Road ap- proach to Lambert Field, and has been ne- gotiating with the St. Louis County Court for the widening and improvement of that stretch of Bridgeton Station Road leading ‘between Natural Bridge Road and the termi- nal building. Although the city has agreed to furnish the needed right-of-way and to contribute to the cost of that improvement; nevertheless, the county authorities have so far refused to inaugurate this project. By comparing the above recital of actual accomplishments with the so-called program of the aviation council it will be immediately apparent that the council has, for the most part, merely presented a relisting of projects which the city has already under construc- tion, and further it is apparent that the council has offered no original ideas or sug- gestions with respect to the St. Louis airport program. COLUMBIA BOTTOMS Few appreciate the enormous total of work and effort which has been necessary to bring the Columbia Bottoms project to its present status. About 3 years ago and prior to adopting the Columbia Bottoms location the city airport commission had selected and offi- cially approved the so-called Tesson Ferry site in southern St. Louis County. Much time and money was spent in making surveys of the Tesson Ferry area and in the prepa- ration of preliminary plans and cost esti- mates. At the instance of the city this site was also studied in great technical detail by the air lines and by the Civil Aeronautics Au- thority. Its merits and demerits were com- pared from an engineering 2nd aeronautical point of view with some six or eight other locations. The CAA as well as the five air lines serving St. Louis unanimously agreed with the city in the conclusion that the Tesson Ferry site was, fram all viewpoints the most desirable site available in the entire metropolitan area.
A102 - Following this investigation the city offi- cially filed an application requesting the County Planning Commission to approve the site and designate it as available for airport purposes, After considerable delay the city was finally granted a hearing on its applica- tion at which time Mayor Kaufmann, accom- panied by Milton M, Kinsey, then director of public utilities, and the late Maj. Albert Bond Lambert personally appeared and spoke in behalf of the city petition. Among other things the city agreed to make available to county residents an area greater in extent than Forest Park, which area was to be fully improved with lakes, golf courses, swimming pools, and other recreational features. The city's application was denied. Subsequently the city was notified that the only site in St, Louls County which would be approved by the planning commission for use as a major airport was one in the Columbia Bottoms area at the confluence of the Mississippi and Missouri Rivers. A considerable volume of Missouri River water passes. over the Columbia Bottoms at high or flood stages of the river, and for this reason, together with the necessity of carry- ing out extensive grading operations of a nature which might affect navigation, it was incumbent upon the city to secure a permit from the United States Army Engineers be- fore assurance could be had that a major airport could be constructed at this location. Quite properly the United States engi- neers required that a great mass of technical information be submitted including the pro- posed alignment and destgn of levees; a grad- ing program together with a statement of final elevation desired for the completed air- port; information concerning subsurface conditions, and so forth. This data was and compiled at great cost by the city staff in conjunction with outside engi- neering consultants. Later hearings were held on this applica- tion and the permit was granted. City officials immediately began to prepare an ordinance calling for the condemnation of the area, but in doing so were amazed to discover that the records of St. Louis County with respect to property ownership were inaccurate, and inadequate in some in- stances, and wholly nonexistent in others, This unusual situation necessitated complete field surveys, not only of the out boundaries of the area but also of each of the more than 75 individual property ownerships in- volved——a task requiring several months time for all the surveying forces which could be employed. In due course the ordinance authorizing the condemnation was passed by the board of aldermen and the actual condemnation suits were filed in the St. Louis County cir- cuit courts, These suits are still pending in the courts although filed on September 21, 1945, more than 1 year ago. In the meantime, however, the city has energetically followed the policy of continu- ing to negotiate with individual property owners and to date has actually acquired pos- session of 35 parcels totaling 2,546.05 acres at a cost of $628,800. Thus the city already owns more than one-half of the 4,000 acres required. In the interim also studies for the de- velopment of a satisfactory runway pattern have continued. Under the circumstances and conditions briefly recited above, it is evident that the city authorities are deserving of the highest commendation for actual accomplishments in the acquisition of the Columbia Bottoms site. SMALL AIRPORTS In conformity with the recommendations contained in the metropolitan area airport development pian, the city has officially. ap- proved the development: of the three small which that report recommends with- in the city limits. By a contractual. arrangement made with a private operator, the city contributed the free use of land which it owned in north St. - Louis and constructed thereon a concrete apron, and this property, together with ad- joining leased property has been placed in actual operation. This site, known as the Ross Airport, has proved very popular and considerable aviation activity is now in evi- dence with many airplane owners having established it as their home base. Plans are under way for the enlargement of this field and applications for Federal assistance in connection with the construction work are now on file with the Civil Aeronautics Ad- ministration. With respect to the fleld in South St. Louis, the city airport commission has ap- proved an ordinance for the condemnation of needed land, which ordinance was intro- duced in the board of aldermen on June 28, 1946, where it hag been pending ever since. In this instance also, applications have been filed with, and are pending before, the Civil Aeronautics Administration for Federal as- sistance in connection with construction work. Considerable study has also been given to the proposed development on Hampton Ave- nue just south of Manchester. While there are certain problems with reference to land acquisition, which have not as yet been solved, this site was also submitted to the CAA for their approval and there are pend- ing applications for development funds. In this respect it is to be noted that a vast majority of the small airports recom- mended in the airport-development plan fall within the confines of St. Louis County, and it is expected that those communities will wish to take the leading role in the develop- ment of this type of airport, although so far as it is now known, no steps in this direction have been taken by any county community. SECURING OF FEDERAL FUNDS Officials of the city have been extremely active in securing satisfactory Federal legis- lation for assistance in airport programs. These gentlemen, acting on behalf of the city, as well as representatives of the United States Conference of Mayors, appeared before both Senate committees and joint House and Senate committees, where Federal legislation ‘was pending and were successful in having certain proposed features modified to the satisfaction of municipal corporations. Later, when CAA issued a proposed set of regulations under which the Federal act was to be administered, the city officials again took an active part in protesting many fea- tures which would have made the proposed regulations unworkable, as well as illegal in the State of Missouri. As a result of their activity at the hearings concerning these regulations, the CAA has announced that Many changes will be made. All of this activity, which has been confined to the last 6 or 8 months, has brought great credit to the city of St. Louis and has resulted in expressions of appreciation from officials of many other cities. Pending the adoption of final CAA regu- lations, the city of St, Louis has filed tenta- tive requests for Federal funds, a summary of requests being as follows: City of St. Louis summary of applications to CAA for Federal airport aid APPENDIX TO THE CONGRESSIONAL RECORD City of St. Louis summary of applications to CAA for Federal airport aid—Continued Govern- City ment Total ~| = Morganford Rd.: Land... -.......-] $318,750 | $106,250 | $425,000 Construction..... 431, 100 431, 190 862, 380 749, 940 687, 440 | 1, 287, 380 387, 500 112, 500 | 450, 000 488, 438 488, 439 976, 877 Total... eee. 825, 938 600, 930 | 1, 426, 877 Ross Field: Land_-...-......, 248, 062 82, 688 330, 750 Construction ..... 606, 604 GOH, 693 | 1, 213, 387 Total......22..- 854,756 | 680,381 | 1, 544, 137 Grand total (5 projects)...... 20, 203, 766 |15, 200, 358 /35, 413, 124 Note 1.—Azs requested by CAA the above figures con- template the maximum possible future development at each site, Notr 2.—Due to certain retroactive provisions of Fed- eral Airport Act, the figures include certain rather large amounts already spent by city. Department of the President, Board of Public Service, Nov. 24, 1946. While it is realized that unless additional Federal appropriations are passed, the city will be unable actually to receive the sums requested; nevertheless, the applications were prepared to cover such sums at the request of Federal officials who wished to use them not only as an actual application, but as an indication of the total funds which might be needed for necessary future avia- tion development. EFFORTS TO SECURE NEW AIR-LINE SERVICE The city of St. Louis has formally inter- viewed and actively participated in every hearing held by the Civil Aeronautics Board in the past 3 years, when those hearings involved new commercial air-line service into St. Louis. Through its law department and the pres- entation of expert witnesses the city has filed with the board data and exhibits con- cerning the commerce, industry and business of St, Louis, together with studies disclosing its community of interest with other cities and similar pertinent information. City officials have stressed the airport program and have pointed out the need for added service. Among others, the city has appeared in cases wherein Braniff Airways, United Air- lines, and Continental Airlines have pro- posed to bring entirely new air service into 8t. Louls, and in cases wherein American, Eastern, Chicago Southern and Transconti- nental Western Airlines have proposed to augment existing service. In all these instances the city has en- couraged and supported the air lines in their- attempts to secure the necessary permis- sion, and while no decisions have as yet been finally handed down, nevertheless; it appears certain that these efforts will be fruitful. Basic Procram oF AIR PROGRESS METROPOLITAN ST. Lous AREA (Presented by the Aviation Council of Met- ropolitan St. Louis, Inc., 2181 Railway Exchange Building, St. Louis, Mo.) PREFACE The Aviation Council of Metropolitan St. Louis, Inc., is a nonprofit organization com- posed of some 38 civic, service, and business groups in the metropolitan area. Each con- FOR THE
APPENDIX TO THE CONGRESSIONAL RECORD Col. Richard T. Carter. The late Major Lam- bert was a member of this advisory group. The council was in ted so as to pro- vide continuity of effort for the period of years it will take to accomplish the air-prog- ress program presented in this brochure. Voluntary subscriptions of business firms have made possible the establishment of the office, full-time executive manager, public- relations staff, and office staff necessary to begin the essential activities to carry out the program. To avoid annual solicitation of funds the council plans to hold an annual metropolitan St. Louis air fair, an industrial exhibit with an aviation theme. The first air fair is scheduled from May 9 to 18, inclusive, at the arena. Through this exposition she council desires to show the aviation industry and the visiting public what St. Louis industries pro- duce, thereby opening new markets for St. Louls manufacturers. At the same time, ex- hibits of the aviation and allied industries will bring to the attention of the people of this region the uses of aviation which will aid our industry. The council feels confident that its pro- gram, its management policies, and the lead- ership which it offers in bringing to the St. Louis area all possible benefits of aviation will merit support and cooperation, Sinoerely, Gerorar B. Loaan, President. Maavin E. HoLpzerness, Executive Manager. GENERAL STATEMENT The Aviation Council of Metropolitan St. Louis, Inc., having been in the summer of 1946 for the purpose of “bringing to metropolitan St. Louis every possible benefit from aviation,” presente herewith the basic which it has approved, and which it will support with the united effort of its constituent member organizations. In the achievement of this program the aviation counct! will cooperate with the offi- cials of the city of St. Louis, of St. Louis County, and of other cities, counties, agencies, and individuals in the metropolitan area, so that this area may become the air center which it is entitled to be by virtue of its geographic location, its population, and its diversified industry. To realize the benefits of aviation, and to become an air center, it is necessary that the over-all picture be reduced to ita component elements, and that efforts be directed toward the coordinated and simultaneous accom- plishment of the many interrelated projects. The support already given by the citizens of the metropolitan area to the aviation coun- ell, and by the voting of public moneys by the citizens of this city, 1s clear proof that the entire area wants, and will not be satis- fied until 1t obtains, all the benefits which will accrue from aviation. The council recognizes that wartime handi!- caps have delayed our program, but feels that these handicaps in production and materials must be rapidly overcome if this area is to meet competition of other areas in aviation development. Some strides have been made, but the council is convinced that much more could have been done and knows that much remains to be done, The aviation council will strive to speed up all agencies presently involved in this pro- gram, and offers these officials all possible co- operation and assistance within ite power. THE PROGRAM OUTLINE There are eight basic elements involved in the aviation council's program. Necessarily, as to all of these, the program is area-wide. The elements and the council's objectives are summarized in the chart below. Basic elements and Aviation Council objectives I. Adequate alrport facilities: Immediate completion of temporary facilities at Lam- bert Field; development of basic Lambert Field expansion plan; plans for other major airports; development of smal) airports, air- strips, and airparks. TI. More frequent and more convenient acheduled flights: Obtain more flights origi- nating in St. Louis, convenient arrival and Geparture times; daily round trips to trade area cities; facilities for housing and servic. ing planes at Lambert Field; greater patron- age for scheduled flights. I. Efficient ground transportation to and from air fields: Completion of Natural Bridge highway widening program; Bridgeton Road; downtown and outlying passenger terminals; adequate, direct, and low-cost transportation; plans for helicopter taxi service. IV. Sound financial planning: Protection ef public funds through wise expenditure; development of program to meet fixed charges; reduction of burden on taxpayers. V. Facilities for military aviation-defense training: Provision of space and facilities for Military air-defense training. VI. Educational program on multiple ad- vantages of air use: Assist in development of aviation courses in schools; acquaint busi- nessmen with the benefits of air transporta- tion; keep the area informed regarding de- velopments and benefits of aviation. VII. Promotion of safety facilities: Support safety measures; assist in providing air mark- ing. safety devices, and equipment. VIII. Development of various types of air industry: Support present air industry; bring in new essential air industry, and build area as an aviation industrial center. THE PROGRAM DETAIL I. Adequate airport facilities A. Lambert Field: The aviation council is in full accord with the statement of the 8t. Louis Atrport Commiasion that Lambert Field is the only site “presentiy available in the timing necessary to hold St. Lowis’ pres- ent position and to permit improvements necessary to keep pace wth air-flight prog- ress, thereby avoiding a gap in St. Louis’ air development.” With this thesis in mind, the council’s program with regard to Lambert Field js as follows: (1) Temporary expedients: There is a uni- versal feeling in this community that emer- gency facilities should have been planned, begun, and finished sooner. Immediate completion of these facilities is of paramount importance. In particular it is that the following items be completed and in operation before the Christmas holiday traffic rush begins: Additional waiting-room space. Better restaurant facilities and food. Less complicated baggage procedure. New and enlarged ticket-counter space. Adequate and sanitary rest rooms. Sufficient telephone and telegraph service. The key to each of the above is the com- pletion of the one-floor annex building, which, as a temporary structure, could have been finished 3 months ago, but which is not yet completed. By the coordinated efforts of the city, the air lines, and the serv- ices involved, the whole job can be finished promptly and some of the stigma presently attached to the passenger service at Lambert Field can thereby be temporarily eliminated. It might be stated in general, since most of the permanent improvements necessarily require long-time elements, that the council will continually push for making the best use of what we have, and improving it on a temporary basis. Only in this fashion can we speedily answer the charges of tardiness which are daily launched against the city. (2) General expansion program: (a) The pattern for expansion of Lambert Field as set forth in the Horner and Shifrin report, approved by the municipal airport commisston, included new and extended run- ways, relocating and building a new admin- istration building, and all necessary grading, Grainage, and lighting. While the council admits the existence of handicaps in the com- A103 pletion of this program, it feels that planning could have been done during the war, and that some grading and other similar work could have progressed during this period. (b) Delay in making plans and specifica- tions has delayed contract letting. Delay in the condemnation proceedings has delayed the availability of necessary Iand. Further delay in detailed planning of the administra- tion building could easily delay the comple- tion of that building when materials are available. The estimate of the Inte Major Lambert that the complete work would not be finished until 1951 may be pessimistic but has not been denied. (c) We recognize that the city of St. Louis under its laws and charter was designed as a governmental body, not a business tnstitu- tion, and we recognize that not being a busi- ness institution some of the delnys have been inevitable. In fuct, the city officials have cited the charter and the ordinances as the chief cause of delays. (d) The city charter is 82 years old. If the charter interferes with our aviation progress and the city officials will point out where and why, the council will help to take that prob- lem to the people. In the meantime more cooperation between city officials, and more prompt decisions, will help to realize quickly the objectives for which the citizens have voted money. (e) Decision is needed as to the sum total of buildings to be erected and service to be offered on Lambert Field. Provision must be made for air freight, including a warehouse for receiving outgoing and incoming ship- ments. There is need for this sort of building at the field, and need for mechanical loading equipment. (f) The city has announced a policy of de- siring to control all structures at the field. The aviation council does not disagree with this policy, provided it does not interfere with the main and inescapable purpose of pro- viding facilities for all aviation uses. Whether these facilities be provided by the city or by private industry, by ground leases, or by building leasees, is immaterial. (8) Other major airports: (a) If it to take 5 years to finish Lambert Field (as the late Major Lambert estimated) and an approximately equal length of time thereafter to build a new airport, the plan- ning for a second major airport must be be- gun now. The council feels that such second airport, when needed, should be built on the east side of the Mississippi River. The legal objections which controlled the decision of the Doolittle committee in 1940 and which limited the decision of Horner and Shifrin in 1943, were removed by the Missouri Consti- tution of 1945. (b) Whether political and governmental objections will prevent building on the east side is not known. There is no fundamental reason why they should. On the east side are two great industrial counties and many major cities. These com- munities we are sure are desirous of being included in the area aviation picture, and we are equally sure that they will contribute ratably to the cost of providing needed fa- cilities, An airport on the east side will cost infinitely less of the area taxpayers’ money and will deliver a greater portion of benefits to the aviation-using population. Indeed two airports could probably be built on the east side for less than would be required at Columbia Bottoms. What has already been spent on Columbia Bottoms is not lost. The purchase of such land is doubtless a good investment and even a Umited view of the future of air traffic makes several major airports a necessity. (4) Small airports: A crying need for the immediate present as well as an absolute necessity for future development of this area, is the building of air strips and air parks for privately operated planes. These fields will be to the airplane what concrete roads were to the automobile. Without
A104 close-in fields available for the private user of airplanes, the St. Louis area will be for- ever locking out the choicest business cus- tomers of its surrounding trade area. Not only must close-in airports be built so that airplane owners may come into the city and trade with us, but many landing fields must be built by the smaller cities in this area to provide convenient centers for their own citizens and their own respective trade areas, and also that we may fly out in our own planes. The council proposes to urge not only the city of St. Louis toward this improvement, but also the counties and the other mu- nicipalities of the area. The council be- Neves the proposal for a temporary landing strip on the river-front site of the Jefferson Memorial is a subject that should first of all receive consideration by the city adminis- tration and the Jefferson Memorial Com- mission, Il, More frequent and more convenient scheduled flights It is not sufficient for a metropolitan com- munity as large and as important as 8t. Louis to simply have airplanes flying over it or through it, and stopping only at such times as are convenient to New York and San Francisco or to Chicago and New Orleans. St. Louis should have the benefits of air transportation to and from the communities with which it does business. It should be poesible to fly at a convenient hour in the morning to Chicago, or Kansas City, or Tulsa, or Memphis, or Louisville, or Indianapolis, or any city within a radius of 400 miles, transact a day's business, and return con- veniently the same evening. Our airplanes offer that, but many of our schedules do not. The aviation council realizes that to get this service there are required three impor- tant and pressing undertakings. First, action by the city to furnish, or to ald the air lines, or private contractors to furnish, ground facilities to house and care for the planes which should originate their schedules in St. Louis and in which planes could, if necessary, be kept overnight, checked, inspected, and serviced. There are no such facilities at Lambert Field at the present time, Second, there is required the cooperation and action of the air lines themselves to give to St. Louis a greater proportion of their fly- ing equipment. Third, there is needed the cooperation of the aviation council to educate the public so that more people make use of fiying advan- tages, and make the schedules profitable. The aviation council pledges itself to spon- sor and provide this educational program and it will continue to urge the oity and the air lines to cooperate in the manner sug- gested above. Il. Efficient ground transportation to and from airflelds One of the common complaints of air-line customers (and of those who have never tried the air lines) is the excessive time and cost of getting to and from airports. In fairness to aviation, it must be said that most of these time delays are exaggerated. Comparison is seldom made in those calculations with the time required to get to and from railroad stations. But even with this factor allowed for, there is too much lost time going to and from airports, and it costs too much, The first thing to be done to cure this situation in St. Louis is to widen the narrow portion of Natural Bridge Road, give that road an express highway status. There has been unnecessary delay in the action of the highway commission on this work, and a speedy decision should be urged by the city of St. Louis, or even by the gov- ernor, to get this work actually under way. Another thing which is a crying need and can be easily and cheaply done is to cure the “bottleneck” of the small section of Bridge- ton Road from Natural Bridge to the ad- ministration building. The city has offered to donate the ground necessary to widen this road. The highway commission and the St. Louis County authorities should see to it that this road is immediately widened. It will probably be 5 years before the new ad- ministration building can be used and this improved section is needed now. Another method is to persuade the air lines to facilitate passenger handling by hav- ing a joint terminal downtown and one or more in suburban areas. The air lines should facilitate the check- ing in of passengers, and the checking in and checking out of luggage, to eliminate the unnecessarily long time of loading and unloading. The aviation council poses the question as to whether the transportation of passengers to and from the airport should not be a function of the Public Service Co. under rates approved by the Public Service Commission. There ‘seems to be no real reason, with a continuous flow of traffic to and from Lam- bert Field why passengers should be re- quired to pay $1.15 for the trip each way. A much smaller cash fare would still permit profitable operation of scheduled busses. It is true that competitive conditions will prob- ably force these changes, but it is the desire of the aviation council not to wait on the slow process of competition to achieve them. Our metropolitan area must also neces- sarily look forward to the day of air-taxi service, particularly between major airports and downtown. While not yet perfected, the helicopter must be importantly regarded in any long-range plans. The council will watch development closely and encourage the use of helicopters when appropriate. IV. Sound financial planning The aviation council recognizes the finan- cial burdens undertaken by cities, counties, and other subdivisions to supply air facilities. As a civic group, the council will attempt in every way possible to prevent unwise and extravagant expenditure. In addition, it will be the purpose of the council, insofar as possible, to have these public expenditures self-supporting. Sound financial planning, contemplates confidence and courage in making an in- vestment now in the future of aviation, and @ certain common sense and wisdom in s0 investing that there will be no unnecessary burden on the taxpayers. V. Facilities for military-aviation defense training The aviation council believes it can render no greater service to this Nation than to see to it, as a matter of national defense, that our air forces are kept at the highest point of efficiency. To do this our World War II aviators should have facilities for maintaining their skill and experience. There should be provision for the recruits to our National Guard, and Army and Naval Reserve organizations to learn to fly, and especially to learn to maintain and service flying equipment. This can be done only at airports. It is presently the announced policy of the city of St. Louis to eventually remove from Lambert Field the National Guard, the naval air station, and the privately owned com- panies now teaching flying and aviation mechanics. With the ultimate carrying out of this decision, the council has no quarrel, but before that is done and before one of these institutions is disturbed in the slight- est, there must be a place for them at other fields in this area. Naturally it is the primary duty of the armed forces, whether it be Army, Navy, Marine Corps, or National Guard, operated with Federal funds, to provide the final and permanent facilities, including flying fields and housing for personnel] and equipment. These are national problems, maintained by national taxes, and an undue portion cannot APPENDIX TO THE CONGRESSIONAL RECORD fall on any State, municipality, or area. The State government, however, and the city gov- ernment and the county governments can and should spearhead a movement to pro- vide these facilities in their area, and in this improvement the council will lend complete assistance. VI. Educational program on multiple advantages of air use The aviation council intends to persuade and to convince the residents of this area of the advantages of air transportation—as a corollary to securing more and better serv- ices, But the need of education, aviation- wise, goes beyond that. The lessons of World War II should be remembered so that our population is thoroughly aware of what avi- ation means, not only to our business life but to our existence as a Nation. The council will enlist the aid of the schools in developing air-age educational courses, and in presenting the possibilities of the aviation industry as an economic career. It is the intention of the council to con- tinually demonstrate to the businessman of St. Louis how they can expand their markets both within this country, and internation- ally, by the intelligent use of air-freight, aire passenger, air-mail, and air-express service, in both buying and selling. Every city is now a world center, Cities located on ocean harbors will gradually lose much of the pres- tige they now enjoy air-wise, because of their location. Every city which will provide ade- quate airport facilities has the possibility of being an international port. Indeed, St. Louis in the center of the Mis- sissippi Valley has more natural advantages than any of the water ports when it comes to air navigation. It is surrounded on ull sides—not only on one—with producing and consuming areas. It is far enough from all great waters to escape their natural fog and storm hazards. It has the natural advan- tages of a great air harbor surrounded by customers. Its citizens must seize this opportunity. VII. Promotion of safety facilities To achieve universal acceptance of the use of the air in all its phases, we must achieve universal confidence in all phases of air transportation. The aviation council pledges itself to support such safety meas- ures a8 are within its power to influence. The problems of engines, planes, and radio must be left to others, but the council will support a program of air markings so as to aid private flyers not only in locating them- selves, but in locating the nearest landing flelds. The council will help the civil aero- nautical authorities to enforce their regula- tions against reckless, low flying, and stunt flying in congested areas, and will urge the equipping of Lambert Field and other land- ing fields with the always up-to-date weather service, radio communication, and “blind landing” radar equipment, field lighting, and modern control-tower devices. It will urge reasonable zoning ordinances to definitely locate proper air-park possibilities and to eliminate approach hazards. VIII. Development of various types of aviation industry There are presently employed in the metro- politan area directly engaged in aviation over 8,000 persons. These people are engaged in manufacturing planes, providing the serv- ices of the air lines, teaching flying, teach- ing aviation mechanics, repairing airplanes, selling airplanes, and providing a host of air services such as vacation trips, emer- gency trips, aerial photography, surveying, and so forth. The future of such an in- dustry, to provide a livelihood and an income for the citizens of this area, is unlimited. For one reason or another, this area has lost aviation industries which, if they had been retained in St. Louis, would have by now furnished 25,000 jobs.
APPENDIX TO THE CONGRESSIONAL RECORD This problem goes back to ‘adequate air- port facilities,” for all of these industries must live at and upon airports. The airport program, therefore, which the council proposes to support necessarily in- Cludes the retention of these industries. Economic history reveals the fact that some old industries are always passing out, and new industries coming in to fill up the gaps. A community which is alive to eco- nomic progress cannot afford to shut its eyes to the possibility of any such new industry. CONCLUSION In conclusion, it is tue firm conviction of the aviation council, supported by dally evi- dence in overwhelming quantities, that avia- tion is the new industry which offers the greatest opportunity tn our economic and social welfare. It is not only an industry in iteelf; like all transportation, it is the handmaiden to all other industries. Air power is peace power; the national safeguard of our homes, cities, and our American way of life. The aviation council is determined to see that this great metropolitan St. Louts area benefits from aviation industry, obtains the many advantages of air transportation, and regains its pesition in development of air power as peace power. Article by Hon. Alexander Wiley, of Wis- consin, on Congressional Record EXTENSION OF REMARKS HON. ALEXANDER WILEY OF WISCONSIN IN THE SENATE Or THE UNITED STATES Monday, January 13, 1947 Mr. WILEY. Mr. President, I ask unanimous consent that there be printed in the Appendix of the CONGRESSIONAL Recorp the text of an article which I contributed to the magazine Future, which is published by the United States Junior Chamber of Commerce. This piece appeared in the December 1946 issue and is entitled “The World’s Most Important Publication.” It is on the subject of the very publication in which our words here are printed, namely, the CONGRESSIONAL Recorp, and I feel that it will be of interest to all of the readers of this renowned periodical. There being no objection, the article was ordered to be printed in the Recorp, as follows: Woriv’s Most IMPORTANT PUBLICATION (By Hon. ALEXANDER Witer, United States Senator from Wisconsin) “Mr. President, I rise to address the Sen- ate on what I humbly believe to be most vital topic today in America.” “Mr. Speaker, I make the point of order that a quorum is not present.” "Does the gentleman from Wyoming yteld to the gentleman from Massachusetts?” “T ask unanimous consent to address the House for 1 minute.” These are the parliamentary echoes of the United States Congress, as reported in the ComgurasionaL Recorp, the world’s most im- portant publication. Probably not one in every hundred of our citizens has ever seen a copy of the Rrcoap, yet this magazine's contents affect their lives and destinies more than those of any other on earth. Since the Rucogp car- ries each previous day’s verbatim proceedings of the United States Senate and House of Representatives when either or hoth of the two Chambers was in session, the paragraphs of the Recorp affect every bustnessman, farmer, housewife, veteran, wage earner—as regards their taxes, their income, their health, their well-being, and that of their country. Moreover, in the contracted world of the atomic age, the contents of the Recorn are of first-rank importance throughout the globe. What comprises those contents? Speeches, debate, articles, press releases, statistical tables, texts of bills, committee reports and amendments, messages from one House to another House, messages from the President, lists of persons nominated to positions rang- ing from postmasters to ambassadors. The publication that carries this varied assortment of public items is adless, picture- less, and profitless. It mirrors rhetoric, wit, humor, pathos, strategy, and, yes, boredom now and then as Congress wades long and deep through complicated issues. When Members of either Chamber pass away, the following session is usually de- voted to tributes to the departed colleague. (That prompted one lady to write her Con- gressman: “Please send me some more Rrc- orps containing memorial tributes for some of your dead Congressmen. I enjoy reading them so much!") Actually, when the average citizen picks up & copy of the Recorp, like as not he is not particularly attracted by the comparatively dull typography and format of its three- column pages. His imagination ts probably not very thrilled by the somewhat stilted but very functional language of Congress chronicled in the Recoab; for example: “Much as I love and admire my distin- guished and affable colleague from MTlinois, I must take exception to his recent colloquy on the subject of mules.” But buried within that typography and woven into the subtleties of parliamentary debate are words and deeds of which your grandchildren and mine may read with ex- cited awe. Tops, therefore, in world and historica) significance, the CONGRESSIONAL Recorgp has many other unique distinctions. It is tops among the world’s reading matter in flexi- bility of size, ranging from 2 to 300 pages or more per issue. This broad size range makes for an unusual pricing system: single copies of the Recorp can be bought by the public from the Government Printing Office (or from a special booth in Statuary Hall in the Capitol) at the rate of 3 centa for a ReEcorp of 24 pages and a penny extra for each additional eight pages in the particular issue of the Recorp. The Recorp ts also exceptional in speed of publication. Congressman Jones and his colleagues may, for example, deliver speeches in the House of Representatives at 4:30 in the afternoon on Tuesday. By the time they have arrived at their offices early Wednesday morning, their complete speeches, possibly full of elaborate statistical tables which they did not bother to deliver orally, are accurately set up in the freshly printed Rgc- orps awaiting them on their desks, Another singular feature is that the Recorp is tops in complete freedom and variety of contents. Unrestrained and uncensored by any editor, it ranges in mild or fiery language over every conceivable subject, just as the Congressmen want it, from alpaca wool to ginc, from Asia to Zanzibar, with content and style restrictions dictated only by ob- vious rules of propriety. Last, but far from least in ite special fea- tures, the Recozp is unfortunately not tops, but relatively at the bottom in size of cir- culation (reaching © mere 43,000 subscribers or purchasers daily). ape how the Recorp takes on ite qualities ia this, THE RECORD'S SCHEDULE From the opening of the legislative session, usually at 12 noon, several times a week, when the Presiding Officer’s gavel falls and the A105 Ministers of the Senate and House open pro- ceedings with prayers for Divine aid and guidance, crack shorthand reporters take down the verbatim record of whatever tran- spires in both Houses. Everything is faith- fully recorded by the reporters—the great oratory, the brief remarks, the attendance called, the roll-call votes, the committee notices, the questions, the answers, the de- bate cross-fire, the occasional laughter. If Congressmen desire, they may edit the rough version of their own remarks on the official transcript within a matter of an hour or so after they have spoken and the “hot copy” is turned over to them. Congressmen may also ask (and just about alwoys get) “unanimous consent” to “extend their remarks,” that is, to have inserted in the body of the Appendix of the Recorp, remarks, statistics, letters, articles, speeches, which they themselves may not actually have read or delivered on the floor of the Senate or the House. This is a particularly im- portant practice in the House of Representa- tives. Since time for speaking on the House floor is at such a premium among 435 Rep- resentatives, they use the “extension of re- marks” in the Appendix to present state- ments which they could not otherwise place in the Recorp. In this way, too, the Appendix of the Recorp gets to be quite a bulky affair in its own right. By virtue of its ability to reprint outside material, it comes to contain much of the cream of the Nation's speeches, news- paper articles, magazine pieces, and radio talks which strike particular Congressmen’'s fancies as being worthy of permanent note and which they, therefore, ask to have in- serted, By late afternoon, Congress’ proceedings have usually come to an end, those Congress- men who cared to edit their remarks have done eso and the reams of transcribed re- porters’ copy are sped on their way to the Composing Division of the Government Printing Office. From there on (usually beginning at about 6:30) the publication procedure followed is similar to that pursued at break-neck pace in @ modern newspaper plant. The copy is set in type; stereotypes are made; printed on 3 huge 64-page preases with a speed of 12,000 impressions an hour each; bound; wrapped; and delivered to the Washington post office in mail sacks by an underground conveyor belt and to Congressmen's offices by special messenger. Legislative history is thus recorded for all who would read it. But just who does read it? THE RECORD'S DISTRIBUTION The figures of the Recorn’s circulation and revenue appear like so many peanuts in comparison to those involved in any large sized modern magazine. Only about 39,600 copies of the daily edi- tion are printed and distributed to officials as provided by Federal law. Each Senator 1s allowed up to 100 complimentary copies of the daily edition and 5 copies of the thick, handsome bound edition. Representatives are allowed 68 copies of the daily edition and 8 copies of the bound edition. A mere 2,900 copies of the bound edition are printed. A biweekly index to the Recorp is printed in a total of about 11,500 copies. Free copies of the Recorp are supplied to the officers and committees of Congress, to certain officials and libraries of the United States and the States, and to designated depository libraries, foreign legations, and certain newspaper correspondents. The cost of printing these copies is paid from the appropriation for printing and binding for Congress. In recent years, since Congress has been in almost continuous session, the charge to the appropriation for this Conarrs- stonaL Recorp has avereged about $900,000 per year for an average of about 16,000 type pages.
A106 In addition to the copies provided by law, about 8,000 copies of the daily edition are published. These copies serve to fill requisi- tions from the Government Printing Office's Superintendent of Documents who supplies subscribers to the Recorp. These subscribers pay for the Recorp at the rate of $1.50 per month. Requisitions from various Govern- ment departments for additional copies are also filled from the afore-mentiorled supply of 3,000. The amount received from subscribers varies from €20,000 to $23,000 per year, and $7,000 to $8,000 per year is received from departments for additional copies. The Superintendent of Documents also orders for Sale each session 50 copies of the Bound Edition, from which is realized from $1,500 to $2,000, depending on the number of volumes. RECORD REPRINTS Yet, there is a sizable byproduct of the Record and this consists of the reprints which are made from it. Under the law, Congressmen are allowed to order reprints in leaflet or booklet form from the Recorp at cost price in order that the Congressmen might, without undue expense to themselves, keep constituents informed of legislators’ po- sitions on current affairs. Thus, the Congressmen order reprints from the Recorp in a total of millions of pages per year. The envelopes in which the re- prints are inserted are supplied free by the Government to the Congressmen as is the printing of the title and the speaker’s name on the envelope, unless the title of the re- print as carried on the envelope exceeds 12 words in length. The envelope with enclosed reprints is, of course, mailed postage free under the Congressman's frank. This system has resulted in rare, but oft- times overexaggerated abuses. Such abuses occur when a Congressman orders reprinted from the Recorp at Government cost-price, of course, a speech or article written or de- livered by some outsider which is then mailed postage-free in very large quantities. Were the speech printed and mailed privately, the cost would, of course, be tremendous in com- parison to the Government cost-prices, The above abuse ocowrs far more infre- quently than is indicated by the professional breast-beaters who often denounce this ad- mittedly undesirable practice, The check of @ potentially aroused public opinion is more than sufficient to prevent any but rare abuse of the Congressman’s franking privilege, Ofttimes public criticism is also leveled Congressmen for the particular ma- terials which they have inserted in the Recorgp, whether or not they reprint it in leafiet form. It should be noted here that, with certain qualifications, if the inserts are over two pages in length the Senator or Rep- resentative must announce at the time of his proposed insertion the cost to the Govern- ment of printing it (at the rate of about $52 per Recorp page). In any case, the Senator or Congressman must get unanimous consent from his colleagues for any insertion what- soever. Although Congressmen may at times err all too humanly in judgment by asking that trivial or overlengthy materials be inserted in the Recorp, there will be few to deny that almost universally this insertion prac- tice is honored faithfully with the public interest in mind. More often than not, the criticism directed against Congressmen on this score is more narrow-minded and carp- ing than it is public-spirited in origin. Some years ago I remember being criticized for inserting an article in the Appendix of the Recorp by the late Dr. Alexis Carrel on the power and technique of prayer. I doubt now if there will be many of my readers who would gainsay that such an insertion on this subject was potentially quite helpful in solv- ing legislative problems and the crucial issues of that day and this. In a different vein, there comes to mind a recent incident, faithfully chronicled in the Recorp, which proves that this worthy pub- lication can be other than dry as dust. It can frequently be touched with humor and spirited exchanges between Congressmen, The former quality may be illustrated in this colloquy which occurred during the Bretton Woods Agreement debate and which involved my colleague the Senator from New Hamp- abire, the Honorable CHarLes ToBEY, and my- self: “Mr. Tosry. The correct pronounciation is ‘Bretton'—with a short ‘e.’ Will the Senator please pronounce it correctly? It jangles my nerves to hear it called ‘Bray-ton’ Woods. “Mr. Witxy. I thank the Senator, but I am not so sure he is correct. It depends upon whether one is in Wisconsin, New Hampshire, on the high seas, or in Britain, Brittany, or elsewhere. I am sorry the Sen- ator’s nerves are so tender. “Mr. Tosry, If the Senator were to call it ‘Bray-ton’ Woods in New Hampshire, he might not come out alive.” The CoNcressionaL Recorp is, of course, composed on the whole of more substantial stuff than the above quotation would indi- cate. THE RECORD AND YOU The Recorp is beyond question worthy of reading, if only on occasion, by every young and old citizen of the Republic. In that way, you can come to understand at almost first hand the workings of your Congress and the thinking and acting of your own 631 legislators. Your understanding is partic- ularly important in view of the imminence of the 1946 elections. You can get in the Recorp habit by con- sulting the Recorp in your library or by writ- ing your Senator or Congressman for a free sample copy. (His regular subscription allot- ment is usually exhausted among the libraries in his State or district, so that he will proba- bly only have individual copies available to send out.) If there are particular issues of the Recorp you wish, in order to look up the debate on some particular subject, write to the Super- intendent of Documents, Government Print- ing Office, Washington 25, D. O. Specify the dates and aek for their price which you later remit. The prices will, as previously indi- cated, depend upon the length of time in which one or both Houses was or were in session on the particular days and upon the amount of insertions in the body and the Appendix of the Recoap in those issues. IMPROVING THE RECORD For its own part, Congress can do much to make the Rrcorp a more interesting and valu- able medium. Already, in the legislative re- organisation bill, in the closing days of the Seventy-ninth Congress, it directed that each day’s Recorp be henceforth indexed as the previous day’s subject matter, carry- ing a résumé of the program of that day, to- gether with a list of congressional meetings and hearings on the succeeding day. But Congress can do more on behalf of a better Recorp. Through its Joint Committee on Printing, it should modernize the style and format of the Recorp, extend its distribution and make its price more uniform. Why, for example, could not the Rrcorp be made more appealing to the reader’s eye and at the same time be placed on sale on principal news- stands throughout the country? The pos- sible competition with private magazines would be negligible; in fact, a relatively mass circulation of the Recorn would probably stimulate other magazines’ circulation. And, too, such a move might have vast beneficial effects in stimulating public interest and in- formation on Congress, both of which could at present stand much improvement. The world's most important publication Geserves a better break at the hands of Con- _ gress and the people, APPENDIX TO THE CONGRESSIONAL RECORD Reclamation Realities in the. Misseuri EXTENSION OF REMARKS HON. MILTON R. YOUNG OF NORTH DAKOTA IN THE SENATE OF THE UNITED STATES Monday, January 13, 1947 Mr. YOUNG. Mr. President, I ask unanimous consent to have inserted in the Appendix of the Rrcorp the text of an address delivered before the North Dakota Reclamation Association at Williston, N. Dak., on November 8, 1946, by Goodrich W. Lineweaver, Director, Branch of Operation and Maintenance, Bureau of Reclamation, Washington, D.C. The subject of the address was Reclamation Realities in the Missouri Basin, and it deals frankly with problems that confront the people of the Missouri Basin as well as the executive depart- ments and the Congress in connection with the reclamation phases of the Missouri Basin project. The recognition by Congress of the Missouri Basin project through its au- thorization in the Flood Control Act of 1944 and subsequent appropriations has given this vast project an excellent start. There are, however, many hurdles yet to be taken that will require the utmost cooperation on the part of the people of the Missouri Basin States with the Bureau of Reclamation. As a Senator from a State that is vitally interested in the progress of the Missouri Basin proj- ect, I am deeply concerned that all agencies responsible for advancing this development shall cooperate, and that obstacles shall be smoothed out promptly so that construction can go ahead with- out delay. There being no objection, the address was ordered to be printed in the Recorp, as follows: The Bureau of Reclamation has scheduled @ 6-year construction program on the mul- tiple-purpose Missouri Basin project. More than half a billion dollars is required to carry out that construction schedule for authorized irrigation works, power plants, and trans- mission lines. I am here today to talk to you about what is nece on your part and our part to translate this schedule into realities. These realities in the Missouri Basin fall naturally in two classes. The first class is the achieve- ments; the second is the hurdles still ahead. Heading the list of achievements is the ex- tension to the entire Missouri Basin of a comprehensive reclamation development through approval by Congress in the Flood Control Act of 1944 of the coordinated plan of the Bureau of Reclamation and the Corps of Engineers. The Congress also authorized the appropriation of $350,000,000 toward the construction of the reclamation features of the plan, and efforts are being concentrated on the 29 units in the initial stage. The Congress has already appropriated 31,480,800 for actual work. Construction contracts already awarded total $11,090,000 on units that will cost about $41,000,000 to complete at current prices. Field engineer- ing is being pressed. Designs and specifica- tions and other preconstruction activities are going forward for units to cost up to the €350,000,000 authorized for expenditure by the Congress. Factual surveys are progréssing to provide detailed economic information to aid
APPENDIX TO THE CONGRESSIONAL RECORD in final designs of the project and to furnish specific information supporting appropriation requests. The second phase of these realities recog- nizes the hurdles that must be overcome. In order to get the first 29 units constructed a prime requirement is repayment arrange- ments for the reimbursable irrigation share of the costs. Demonstrating to the Congress that construction appropriations should be made to maintain the reclamation schedule is an immediate task you must recognize, and regular appropriations will be of concern annually until the entire project is com- pleted. Modernizing the reclamation law is another of the Missouri Basin realities. Urgent con- sideration is needed to retain the basic prin- ciples of the law while adapting its provisions to present-day conditions as they exist in this basin and elsewhere west of the ninety- seventh meridian. The aims and objectives of the Missouri Basin project must be brought home to the people of the area it will serve. Then there is the necessity of informing the rest of the country what the Missouri! River at work will do in enlarging the local, State, and National tax hase, and the new purchas- ing power to be created. Major attention must be focused on the human values—the people, the homes, and the communities that must be protected from repetition of the dis- astrous consequences af the drought of the thirties. With this preview, let’s take a more de- tailed look at these achievements and prob- lems. The Bureau of Reclamation, together with the people of the Missouri Basin, has come a long way with this project since November 1943, when Assistant Commis- sioner William E. Warne, speaking before your association at Valley City, outlined the plan which later was embodied in Senate Docu- ment 191 of May 1944. The pioneer work by W. G. Sloan in formulating a basin-wide ap- proach to the development of western water resources is universally acclaimed. In Wash- ington, Harry W. Bashore, then Commissioner of Reclamation, took the leadership in effect- ing the reconciliation of the program of the Bureau of Reclamation with that of the Corps of Engineers initiated by Brig. Gen. Lewis A. Pick. This reconciliation led to the most con- structive piece of legislation for the con- servation and use of western water and land resources since the passage of the reclama- tion law of 1902. The Flood Control Act of 1944, to which I refer, did even more than set in motion the Missouri! Basin program. It is a milestone ith the recognition of the superior rights of water for irrigation in the erid and semiarid West and in assuring par- ticipation by the States in shaping their destinies which are bound up with the eco- nomic use of the water on the land, Such organizations as the North Dakota Reclamation Association, through your rep- resentatives in Congress, were effective in securing enactment of that magna carta of western irrigation. Your eternal vigilance is necessary to insure protection of this legislative recognition of the priority of water for irrigation. Today, under the leadership of Secretary of the Interior J. A. Krug and Commissioner Michael W. Straus, the Bureau of Reclama- tion has started the transformation of the Miseour! Basin project into reality. In this field we have the full cooperation of every agency of the Department of the Interior. Through the Federal Inter-Agency Commit- tee we are working with the Corps of Engi- neers, the Department of Agriculture, the Federal Power Commission, and the seven States of the basin. Construction forces are at work on the Missouri Basin project. On the Bureau's units, the dirt has begun to fly at Kortes Dam in southern Wyoming, at the Boysen Dam near the Wyoming-Montana line, and at the Angostura Dam in southwestern South Dakota, Bids have been received from con- tractors for the construction of the first feature of another irrigation unit—the Frenchman-Cambridge—in Nebraska. The Heart Butte Dam of the Heart River unit in west central North Dakota is sched- uled as the next construction job the Bureau is to start in this section of the Missouri Basin. The Heart River unit is described as your guinea pig of irrigation in North Dakota. This isn't an experiment for the Bureau of Reclamation, for we will make sure that it is more than an engineering achievement. The realities for making the Heart River unit a success require programming of the project development as to insure throughout the area the fullest beneficial use of the crops pro- duced in the irrigated valley. Through this integrated land use, stockmen and dry-land ranchers will be protected from the disas- trous shock of drought, and at the same time there will be maximum benefits to the com- mercial interests of your cities and towns. Dickinson Dam, a feature of the Heart River ‘unit, will be primarily devoted to the munici- pal water supply for the city whose name it bears. Provision in the project plan for municipal water evidences the confidence of the city of Dickinson and the Bureau of Rec- lamation that west central North Dakota can be a community of permanent prosperous homes. That confidence rests on the secu- rity that irrigation of the Heart River Valley will bring to the whole trade area. That confidence cannot rest on continua- tion of the present system of dry-land farm- ing and ranching. The bountiful harvests of the past few years, when happily a wet cycle coincided with high prices, should not obscure your recollection of the devastating drought of the thirties. ‘You can recall when crops were withered if they grew at all, when your livestock was slaughtered to prevent death from thirst and starvation, and your people fied the farms and the cities and towns in search of security in the trrigated areas to the westward. In the Midwest and East, the loss of markets in the Great Plains for the products of factories and farms added to unemployment and swelled relief rolls. The Federal Treasury turned into the Plains States more than a billion and a quarter dollars in relief and other aid in a well- nigh futile effort to combat human suffering that followed in the wake of the drought. It is worthy of note that the cost to the Federal Treasury of those critical years in the Missourt Basin alone was nearly twice as much as the estimated cost of the projects in the initial stage of the reclamation pro- gram even at the currently rising prices of construction. Under exclusive dry-Iand agriculture, North Dakota is losing population. From 1980 to 1940, while the national population increased 7.2 percent, North Dakota's popu- lation decreased 6 percent, 43 of your 53 counties had a net decrease of more than 40,000 people. Since 1940, in spite of pros- perity, the civilian population of North Da- kota has continued to decrease, not consid- ering men in the military service. Creation of these irrigated family-size farms will provide unequalled settlement op- portunities for the 470,000 young men and women from the Missouri Basin put into uniform during the war. ‘You can extend a welcoming hand to the people who entered war work in other States. The initial stage of the Bureau's basin plan includes a Knife River unit and five irrigation pumping systems on the main stem of the Missouri, as well as the Missouri- Souris development. The great Miseouri- Souris area in North Dakota and Montana embraces the largest acreage of any single irrigation development in the United States, It will also supply municipal water to cities and towns in the James River and Red River Valleys which, together with the restoration of Devil’s Lake, makes it truly of State-wide A107 significance. At the same time, the Bureau of Reclamation is looking into every possi- bility of using to the full the potential) irri- gation and power opportunities of the Garri- s0n Reservoir being constructed by the Corps of Engineers, At this very time, the Bureau is forging the first link of its power transmission net- work of the basin project. The transmission line being constructed to carry power from Fort Peck Dam for construction purposes at Garrison Dam will have permanent use as the backbone of the transmission grid to carry Missouri River power to the rural areas of western North Dakota. Fort Peck power plant, together with those on Bureau projects in Wyoming, Colorado, and Nebraska, forms the nucleus of the fu- ture reclamation power program in the Mis- sour! Basin. As the major dams in the coordinated plan are completed and linked by a transmission grid, there will be large blocks of low-cost power to illuminate the ranches and homes, lighten the burdens on the farms, for indus- trial purposes, and to serve cities and towns. Generators of nearly 2,000,000 kilowatts ca- pacity are included in the projects being readied for construction by the Bureau of Reclamation and the Corps of Engineers. This capacity will ultimately produce about 5,500,000,000 kilowatt-hours of electrical en- ergy that will be transmitted by the recla- mation grid being readied for early con- struction, Other benefits from this multiple-purpose project must be recognized. The Missouri River Basin has areas of outstanding im- portance in the conservation of fish and wild- life and recreation, and the Bureau proposes to protect and develop these areas with local and national agencies involved. Silt control, irrigation of Indian lands, fur- ther development of mineral resources, and numerous other advantages must also be taken into consideration. Each is a contrib- uting factor to the amazing total of benefits which will be made possible by construction of the project. North Dakota, as well as each of the other Missouri Basin States, must be solidly behind the Missouri Basin program to assure that it will move ahead on schedule. First, it is essential that all of the people of your State recognize the value of having the program moving ahead on full scale and at a scheduled rate that will bring the initial stage engi- neering features and project developments into effective operation before another great Grought devastates the Plains. All of the people of your State must have the solid con- viction that the irrigation and multiple- purpose features are needed for full opera- tion year in and year out regardless of whether it is the wet cycle or the dry cycle. To have an effective Missouri! Basin project, you cannot pérmit construction activities to move on an intermittent stop-and-go basis. Orderly construction schedules are essential to bring in the irrigation water supply be- fore the inevitable drought returns. In the same way, irrigation areas must be fully farmed year in and year out, and an orderly marketing pattern must be established for irrigated crops so that there will be irrigated islands of safety in the drought years when they are desperately needed. Securing solid and wholehearted State-wide understanding of those realities must be the first task of your educational program. Determination of a proper share of the con- struction costs which must be repaid by water users is @ critical problem on which the Bu- reau of Reclamation needs your participation, in working out a solution. Under the recla- mation laws since 1902, there has been estab- Mshed the principle of reimbursability of reclamation projects. I am confident that all of you here support that principle as a sound and wise basis for federally financed irrigation developments. Your support is particularly justified in view of the statutory
A108 provision that the annual payments by water users shall not exceed their repayment abil- ity and the total obligation they are required to assume shall be a fair share of the con- struction costs. Since publication of Senate Document 191 construction estimates have risen greatly. On certain units, due to rise in prices and completion of engineering plans, the cost es- timates at current prices are from 50 to 300 percent greater than the estimates at 1940 levels. Inevitably, consideration must be given to the fair share of the increased con- struction cost that is to be repaid by irri- gation water users over a period of time con- sistent with their repayment ability. Before leaving that subject, I must remind you that continuation of construction ap- propriations by the Congress can be expected only if there is clear-cut evidence to satisfy the Appropriation Committee members and the Congress as a whole that the project landowners are ready to assume their fair share of the construction costs. The Recla- mation law requires a repayment contract before irrigation water is delivered to the land and for some years it was the policy of the Bureau and the Department of the Interior to require a duly executed contract before construction began as evidence of the good faith and willingness of the water users to become partners in the enterprise. The policy has been modified to recognize, in lieu of a duly executed repayment contract other satisfactory evidence of the willingness of @ water user's organization to assume a real- istic repayment obligation. That modifica- tion permits a call for bids or even start of actual work on a major facility such as a storage dam on any Missouri Basin irrigation unit. However, the negotiation of repay- ment contracts must be prosecuted diligently because the Congress requires tangible evi- dence of good faith on the part of the water users before it will appropriate funds to meet the Bureau's construction schedules. Final execution of the repayment contracts involves many time-consuming legal for- malities, and I trust that no construction appropriations will be withheld until all these final steps are completed. Neverthe- less, I feel sure that the amounts of con- struction funds appropriated will, in large measure, be gaged by the rapidity with which the project landowners represented through the irrigation districts execute con- tracts for repayment of a suitable proportion of the construction costs. I will touch again on a point I mentioned earlier—namely, modernization of the recla- mation law. In the 44-year period following enactment of the basic Reclamation Act there have been recurring modifications of the original authorities, such as extension of the repayment period from 10 years to 20 years to 40 years. Just as the horse is giv- ing way to the tractor, so must the old recla- mation single-purpose project vehicle be supplemented by a new legislative convey- ance equipped to deal with coordinated mul- tiple-purpose basin development. Some of you heard Commissioner Straus, speaking before the recent Omaha conven- tion of the National Reclamation Association, outline a new approach to western recla- mation, I am going to take the liberty of quoting some of his remarks because they are particularly applicable to the realities of reclamation in the Missouri Valley. “Reclamation here today,” the Commis- sioner said, ‘is an institution that also does not advocate abandoning any of the time- tested and sound fundamentals of reclama- tion law, including the tenet that those benefited should contribute to the expense in accordance with their rewards and their ability to pay. But we have a strong case to present to the Congress next year for a change with the times. “Today, as our country fills up, there is increasing and undeniable interest in the development of our recreation and fish and wildlife resources. This growing demand should not be contested but should be well served at future multiple-purpose reclama- tion reservoirs. They offer this opportunity without detriment to irrigation. So, during the last days of the Seventy-ninth Congress, we obtained a new law (Public Law 732), worthy of your attention, which authorized allocations on a basis that the irrigator need not repay that part of the cost of our recla- mation projects that can properly be allo- cated to benefits to fish and wildlife. Why, now, should the reclamation laws not be amended in the same way with respect to purely recreational features of a reservoir g0 that these benefits are achieved without saddling the expense of the vacationist or the nature lover at reclamation reservoirs on the local water users, as required by pres- ent law? The answer, of course, is that such action is due. The Bureau of the Budget and the President have already approved & proposal by Reclamation to have recreation benefits allocated as nonreimbursable na- tional benefits, thus lifting this fiscal burden from the backs of the irrigationists. With proper attention of the Western States, this proposal, already approved as to language, will pass Congress and become law.” Then the Commissioner went on to say that the modernization of the reclamation laws should not stop there. “Why, for an example o- inconsistency,” he asked, “should the United States charge western power users 3 percent interest for investments in developing the power of rivers right in our country here while the same United States lends billions of dollars at less than 2 percent interest to countries all over the world for the same and other purposes thousands of miles from our homes? I am satisfied that our reclamation power interest rate should be lowered to at least 2 percent. We are discriminating against ourselves and must continue to do so under the present laws until you change them.” The Commissioner then asked a very per- tinent question. “Why, when we study the place of Federal irrigation in our economic picture, do we look through the wrong end of the spyglass? Legislativewise we keep our books on the basis that any balances due on a project—on Boulder Dam or Coulee Dam— are debts. But in balancing the books we seem to be blind to the fact that these and similar capital investments on the other side of the ledger become credits ranking, with- out challenge, among our most productive national assets. “We have drifted into some sort of cork- screw thinking whereby, after we proved it sound to first develop our national strength and wealth by granting some 130,000,000 acres of our Federal treasure to the railroads which opened the West, now we act as if it is un- sound to secure our national strength and wealth in the West with our Federal treas- ure, even when Uncle Sam keeps title to the works built, unless under an advance contract it be paid back in 40 years by water and power users. When irrigation creates from the desert or sagebrush a Phoenix, a Boise, a Scotts Bluff, or specifically, a Yakima—on which an investment of $37,000,000 over a period of years brought back in the single year of 1945 crops worth $78,000,000—are we or are we not broadening the tax base? Is the wealth created at a Yakima taxable or not—and is it taxed? “For a number of years now, the United States has considered expenditures to con- trol floods—expenditures in the national in- terest to be paid from the National Treasury and not by the local beneficiaries. Of course, this has naturally lured many localities to disguise irrigation developments as flood con- trol proposals with frequently sad results, But what no one can explain is why in the name of logic, consistency, or wisdom, it is a local reimbursable benefit for which the APPENDIX TO THE CONGRESSIONAL RECORD farmer should pay to aid agriculture by put- ting water on acres, and at the same time it is not a local but a national and nonreim- bursable benefit for which the farmer should not pay to aid agriculture by holding water off acres—frequently the same acres at differ- ent seasons. “The last Congress started a reexamination of the reclamation laws. The undertaking will be resumed by the next Congress. Now is the time to lberalize the reclamation laws. Our ability to discharge the tasks we have undertaken in great measure rests on fur- ther development of the ever-evolving rec- lamation laws that are both our legal foun- dation and our actual ceiling. Give this matter your full attention and wisdom in the coming months so that we may be enabled to go forward undeterred to our mutual goal of putting all the available water in the arid West to useful work.” Gentlemen, this is the expressed policy of Mr. Straus concerning the future of rec- lamation. Again, let me say to you that his ideas apply with particular reality to the Missouri Basin. We have a great water re- source development authorized by law, but there is much to be done before the Missouri River and its tributaries are really put to work for the people of the basin and of the Nation, Administrative Justice EXTENSION OF REMARKS HON. ALEXANDER WILEY OF WISCONSIN IN THE SENATE OF THE UNITED STATES Monday, January 13, 1947 Mr. WILEY. Mr. President, one of the most important subjects facing the Eightieth Congress is the straightening out of the relationships between Federal agencies and our citizenry in order to make certain that the hirelings of the Federal Government work in the capac- ity of servants rather than masters of our people. The relationship between the agencies and the courts will also merit much attention by us in the future as it has in the past. A noteworthy step along this line was the passage by the Seventy-ninth Congress of the Adminis- trative Procedure Act, with which my colleagues are familiar. Nevertheless, many questions are arising from day to day over the operation of that act; ques- tions such as relate to the evidence re- ceivable at agency hearings, the lawful bases of agency decision, the limitations on agency discretion, the plenary scope of judicial review of “legal wrongs” through agency action or inaction, the powers and duties of the courts to review agency decisions and grant relief, and so forth. It is essential to the correct function- ing of this act that our citizenry have a clear idea about these and other ques- tions. Therefore, all the light that can be thrown on the picture will be of serv- ice. Along this line I ask that there be incorporated in the Appendix of the Recorp, following these brief remarks, the text of an address which our col- league, the senior Senator from Nevada (Mr. McCarran], delivered before the assembly of the American Bar Associa- tion at its last annual meeting, and
APPENDIX TO THE CONGRESSIONAL RECORD which was subsequently printed in the December 1946 issue of the American Bar Association Journal. In it the Senator from Nevada makes many interesting observations regarding the application of the Administrative Procedure Act. There being no objection, the article was ordered to be printed in the Recorp, as follows: IMPROVING ADMINISTRATIVE JUSTICE: HzariINas AND Evipencr; Scope or JUDICIAL REVIEW (By Pat McCarran) It is a great scurce of gratification to me to have this opportunity to speak to the legal profession of the United States of America, here gathered in annual assembly. To im- prove and perfect the administration of jus- tice is the aim of all of us, and certainly this is the time and the place to talk about it. Tt is often arsumed that there are many Kinds of justice. There is said to be arbi- trary justice, which has always seemed to me to be a conflict of words. Then there is justice according to law, which it is the pur- pose of the Constitution of the United Szates to establish. There is the justice of legisla- tures, of courts, and of administrators or executives. It is primarily of the latter in- strumentalities of justice that I speak today; but of course—to long as our Constitution survives—they do not and cannot operate independently of Congress and the judiciary. There are four things that I want to say about administrative justice: First, because we are an imaginative people and because we regard principle highly, justice with us is something different than mere official flat. Second, because from the time of the settle- ment of this land we have been devoted to the tenets of representative government, legislation does and must play a major part in all matters of justice. Third, because after a century and a half of national his- tory we have just now adopted an Adminis- trative Procedure Act, it is important to ex- amine its broader aspects. And fourth, be- cause only a beginning has as yet been made, @ word should be said respecting the tasks that remain to be done in the immediate fature. I, JUSTICE 18 DISFERENT FROM OFFICIAL FIAT The Constitution of the United States opens with the declaration of purpose of the American people to establish justice. Such & Purpose requires that government regula- tion be pursued, and that controversies be settled, upon an ethical and rational basis. The means to that end are the laws of the land. The vehicles by which they are applied are the courts and, of late years, the admin- istrative agencies of the United States. Both courts and agencies, it should go without saying, must operate not only within the laws but within the purpose of the laws and the Constitution. However, two contrary points of emphasis have gained considerable currency in the last decade or so. The first might almost be called the cult of discretion. The other is the assumption that whatever is official, or offi- cially done, is necessary and therefore lawful. While discretion has its place and govern- ment must operate, it should require no ar- gument to demonstrate that constant empha- sis on these two themes will inevitably de- atroy government acc: to law and sub- stitute mere fiat in the place of justice. Law versus arbitrary power Where law ends, arbitrary power begins. If the laws may be bent to the preferences of any official agent or tribunal, they cease to be laws, and become merely advisory declara- tions of the legislature. But this Nation was founded upon the .» enunciated in the Declaration of Independence, that all ar- Ditrary executive power is to be avoided. It is therefore unscund and unwise to divide government tnto matters of law and matters of discretion, because such a division tmplies that the one is as proper as the other. Al- though we may never wholly achieve it in all details, the whole theory and cast of our Government is that it is a government of law, rather than a government of men. Discre- tion {s merely the inescapable or uninten- tional residue. Nor ts !t any more valid to divide the field into matters of law and matters of govern- ment. While it ts often convenient to refer to the mixed field of law and government, we do not mean thereby that matters of government are beyond the law. Under our constitutional system, governmental power: must be exercised within the law. The aim of all law must be justice In connection with either discretion or government, it is important also to bear in mind that law means not merely the letter of the statutes. The aim of all law is jus- tice. Justice is the aim of statutory law. It is the aim of judge-made law It must also be the aim of administrative law. We will do well, therefore, to emphasize both law and justice in considering administra- tive powers and processes. Otherwise the law and the methods of applying it become nothing more than a false front behind which arbitrary, unethical, ard irrational operetions proceed unrestrained. My point here is that we must begin with a firm basis—that we seek justice according to law, that discretion must play a subordi- nate part, and that governmental processes derive no validity from the mere fact that they are official. We may at times fancy that. as a practical people, we can safely deviate a bit here and there; but we do so at our peril and, after each such indulgence, the task of bringing our Government again into line with our ideal must be given a high priority. 1], LEGISLATION MUST SET THE STANDARDS FOR ADMIMISTRATIVE AGENCIES As a regular matter, bow are we to achieve justice according to law? I have said that the means and the vehicles to that end are the laws and the tribunals of the land. Here the laws have a dual function. Statutes create and fashion the tribunals, and they state the “law” in its usual sense of sub- stance and procedure. It is at this point, however, that we reach a@ crossroads in the fleld of administrative justice. Those who lean toward administra- tive absolutism maintain that statutes should create and empower agencies—but should go no further. Yet if we are to achieve a regime of law, there are several obvious answers to that new political creed. If there is no statutory law respecting pro- céMure, administrative processes are left to be regulated solely under the broad p‘irases of the Constitution. But the Constitution does not mention administrative agencies or functions. In fact, it contains the barest passing reference to executive departments of government. Its framers assumed that laws would be made by Congress and applied by the courts. They assumed that trial by jury would supply additional popular safe- guards. They assumed that limitations on criminal law processes would preserve civil liberties. Yet administrative justice is sub- ject to none of these limitations. Law must regulate and control the agencies Even more important is the fact that the Constitution is not, and was not intended to be, a code of law. It seta up a form of gov- ernment. Administrative justice has been engrafted upon that form. It remains for us to provide a realm of law within which administrative agencies are to operate, just as law has been provided for courts to ad- minister and a judicial code bas been de- veloped. Both substantive and procedural law have been provided for courts. There is more reason to do both for admin- istrative agencies, because courts may draw upon the principles of the common Jaw and A109 long tradition has given them a mode of procedure—whereas agencies do not profess to be bound by tradition and claim no descent from the common law. Piecemeal regulation will not do It is sometimes said that, although these things may be true, the substantive and pro- cedural law applicable to an administrative agency should be prescribed piecemeal, for that agency alone.’ In other fields, however, we instinctively and diligently seek uniform- ity and conformity in matters of procedure. Diversity merely feeds confusion, which is a great vice in any form of government and operates to defeat the very purposes of good government. Moreover, when administrative agencies are crcated or when additional pow- ers are given to them, it is because there is some immediate and important public issue to be settled. The question is whether to regulate or not to regulate, and if so to what extent, rather than how to regulate. It is utterly impractical to expect Congress, at such a time, to enact a complete procedural law for one agency or one function. Under such circumstances, it is not surprising that procedural provisions respecting particular administrative agencies are often fragmen- tary, usually hastily improvised, and some- times unwisely imitative. These answers will not satisfy those who are distrustful of written law and who there- fore seeK to reduce legal processes to nothing more than individual judgments or orders in particular cases. Nor will they satisfy those who are distrustful of legislation by the elected representatives of the people and who advocate instead the delegation of legislative and judicial powers to bodies of appointed specialists. The necessity for law making by Congress But if we are to have law in this fleld, we must have legislation. If our legisintion is to be sound and wise, it must be grounded upon an understanding of the whole field of administrative justice If it is to regularisze, simplify, and make workable that field, then it must apply to all agencies and all func- tions. The need has been recognized by most of those whose duty it is to oversee the ad- ministration of the laws.‘ On June 11, 1946, the Administrative Pro- cedure Act became a part of the law of the land." It was the culmination of many years of official studies, legislative hearings, and cooperative discussions.( It is drawn on a functional basis, and hence applies to all agencies or operations within its terms. The Gordian knot has thus been cut. We have made a beginning. Let us examine what it is and what it means. 1“Until now it has been the policy of the Congress to set up m the organic act creating a@ new agency at least a rough outline of pro- cedures suitable to its distinctive functions.” Attorney General Robert H. Jackson, mcmo- randum accompanying veto message rclatirg to the Walter-Logan bill (H. Doc. 986, 76th Cong., p. 8). 3In 1936 the Attorney General udvised the President that “there ts a need for procedural reform in the wide and growing field of ad- ministrative law” (8. Doc. 8, 77th Cong.). In 1945 the Attorney General stated: “The time fs ripe for some measure of control and pre- scription by legislation. I cannot agree that there is anything inherent in the subject of administrative procedure, however complex it may be, which defies workable codifica- tion” (S. Rept. 752, 79th Cong., p. 38). 3 Public, No. 404, 79th Cong., ch. 324, en- titled “An act to improve the administration of justice by prescribing fair administrative procedure.” For the collected legislative documents, see 8. Doc. 248, 79th Cong. ‘See H. Rept. 1980, 79th Cong., p. 7 et seq.; and 8. Rept. 752, 79th Cong., p. 1 et 8:q; ConerrssionaL Recorp, vol, 92, pt. 2, p. 2148 et seq.
A110 II. SCOPE AND SIGNIFICANCE.OF THE ADMIINISTRAS TIVE PROCEDUR® ACT The Administrative Procedure Act covers many subjects, which combine into an indis- pensable whole. It recognizes that adminis- trative agencies both make and apply law, exercising legislative as well as judicial func- tions,» and that they operate through both informal and formal (or hearing) proce- dures.© Agencies are defined and functional exceptions have been drawn.’ The approach is summarized in the fol- lowing words of the report of the Committee on the Judiciary of the Senate of the United States: * “The principal problems of the committee have been: First, to distinguish between dif- ferent types of administrative operations. Second, to frame general requirements appli- cable to each type of operation. Third, to set forth those requirements in clear and simple terms. Fourth, to make sure that the bill is complete enough to cover the whole field. “The committee feels that it has avoided the mistake of attempting to oversimply the measure. It has, therefore, not hesitated to state functional classifications and excep- tions where those could be rested upon firm grounds. In so doing, it has been the unde- viating policy to deal with types of functions as such and in no case with administrative agencies by name. * * “The committee feels that administrative operations should be treated as a whole lest the neglect of some - link defeat the purposes of the bill. * * “The bill * * * is not a specification of the details of administrative procedure, nor is it a codification of administrative law. Instead, out of long consideration and in the light of the studies heretofore mentioned, there has been framed an outline of mini- mum basic essentials. * * * “The bill is designed to afford parties affected by administrative powers a means of knowing what their rights are and how they May be protected. By the same token, ad- ministrators are provided with a simple course to follow in -administrative Geterminations. The jurisdiction of the courts is clearly stated. The bill thus pro- vides for public information, administrative operation, and judicial review.” We may, therefore, safely assume that the statute is, as its framers intended it to be, complete and plenary. Nine baste premises of the act The terms of the statute are, of course, technical. The legislative documents which accompany it tend to explain the meaning of particular words and phrases, This is not the place to enter upon a discussion of the minute applications of its several provisions. However, it will fittingly supplement the general description, which I have just read, to enumerate some of the basic premises of the legislation. There are nine that will illustrate the purpose and the coverage of this statute: 1. The first of these basic premises has already been indicated. The field of admin- istrative justice can and must be made sub- ject to democratic legislative processes. Ad- ministrative agencies can and must be bound by the statutory law of the land. Therein they have duties as well as powers. They are not ambassadors plenipotentiary, circum- scribed by no rules save what they choose to call the good of the state. They are merely agents, bound by the scope of their authority ®See The Architecture of the Administra- tive Procedure Act (22 A. B. A. J. 550). “See Informal Dispositions Under the Ad- ministrative Procedure Act (32 A. B. A. J, 646). 1 Bee as to tae Administrative Procedure Act (82 A. B. A. J. 749). ‘8, Rept. 752, 79th Cong., pp. 5-7. and commanded to do justice in the execu- tion of the laws.’ Eliminating mystery and confusion 2. Administrative agencies have an af- firmative duty to make known to the public their organization, methods, and procedures as @ prerequisite to the exercise of adminis- trative functions.° This may be something new, but it is indispensable if the mystery and confusion is to be taken out of the ad- ministrative process. Courts operate in the narrow territorial confines of judicial dis- tricts, but agencies have a country-wide Jurisdiction. Court organization is minutely prescribed by statute, while agencies are left to devise their own set-ups. Court procedure has been standardized by the centuries in its essentials, while administrative methods are new. For these reasons, informational rule- making by administrative agencies is neces- sary. 8. In the matter of the exeroise of legis- lative powere the fundamental premise of the new statute is that—even where statutes do not require a hearing—the public has a right to notice and an opportunity to participate in rule making and official action therein must be expressly taken upon a rational basis and for a legitimate purpose.” The separation of judicial functions 4. In the field of adjudication the act re- quires an amplitude of notice, availability of settlement opportunities, and the separation of functions.. In other words, the premise is that the exercise of judicial functions by administrative agencies must be truly ju- dictal in essential form..and actual sub- stance.” 5. Star-chamber proceedings are outlawed. No one may be dented the right to be accom- panied, represented, and advised by counsel, at all times and in all places.“ Limitations on investigations 6. Investigatory are limited to those required for the purpose of Securing the just administration of the laws. In this connection the report of the Committee on the Judiciary of the House of Representatives has put the matter very well in the follow- ing words: ** “This section is designed to preclude ‘fish- ing expeditions’ and investigations beyond jurisdiction or authority. It applies to any demand, whether or not a formal subpena is actually issued. It includes demands or requests to inspect or for the submission of reports. An investigation must be substan- tially and demonstrably necessary to agency operations, conducted through authorized and official representatives, and confingg to the legal and factual sphere of the agency as provided by law. Investigations may not disturb or disrupt personal privacy, or un- reasonably interfere with private occupation or enterprise. They should be conducted ° See sec, 9 (a) and the definitions in sec. 2 (f). 1° See sec. 8. Some of the effects of the public information requirements of sec. 3 are illustrated by the Federal Register of September 11, in which Federal agencies were required to publish their organization and procedure not theretofore made available to the public. 4 Bee sec, 4, particularly subsecs. (a) and (b). The remaining subsections further the objective stated in the text. 33 See sec, 5 as supplemented by secs. 7 (a), 8 (a), and 11. Subsec, (d) of sec. 5 adds an administrative duty to issue declaratory or- ders in proper cases. Subsecs. (a) and (d) of sec. 6 supplement sec. 5 by providing for informal (that is, nonhearing) procedures. Sec. 9 (b) adds special poduirements respect: ing lt .preonedures.. Bec. 6 (a). See also sec, e {bd}. a’ (bd) and H. Rept. 1988, 79th: Cong., p. 32, APPENDIX TO THE CONGRESSIONAL RECORD #0 as to interfere in the least degree com- patible with adequate law enforcement.” Similarly, the issuance of actual subpenas must be equal, rational, and authorized; and any subpena is contestable prior to or upon enforcement.® Requirements as to hearings 7, Statutory hearings, whether in the field of rule making or adjudication, must gener- ally conform to the accepted modes of re- ceiving proof in nonjury cases and of testing proof." It would be possible to expand on this subject at some length, but the real sig- nificance of these provisions will become more apparent in connection with the mat- ter of administrative decisions, which are the crux of administrative justice. Where statutes require a hearing, the act requires that the exclusive record for de- cision be made in open he@ring,” that de- cisions be made by, Or with the recommenda- tions of, hearing -officers,"* and that the pri- vate parties concerned be given full oppor- tunity to participate in the decision process.” In short, the administrative decision is made part and parcel of the hearing tn order to assure that the hearing performs the func- tion for which it is intended and to prevent the decision from departing fram the evi- dence and the issues. The fundamental requirement respecting statutory hearings and decisions is that ad- ministrative action must be taken “upon consideration of the whole record * * and as supported by and in accordance with the reliable, probative, and eubstantial evi- dence.”” The agency must show upon the record its “ruling upon each” finding or con- clusion proposed or exception presented and agency decistons must include not merely findings and conclusions but “the reasons or basis therefor, upon all the material issues of fact, or discretion presented”.*! Tests as to the evidence The act is therefore rlain—if not indeed Tedundant—to the effect that evidence, is- sues, and decisions are a single whole, that the decision may not be made except upon and in accordance with the evidence, and that the evidence must—as the Senate Judi- clary Committee report states—meet the tests of reliability and probity “prevatling in courts of law or equity in non-administra- tive cases.” The same premise is no less plain where no administrative hearing ts required or where subjects are excepted from the hear- ing requirements of secs. 4, 5, 7, and 8.3 Section 6 (d) requires every agency to state its procedural or other grounds for the de- nial of any request in rule making or ad- judication. If there ts no statutory admin- istrative record upon which such a dental is tested, then the act provides for judicial inquiry into the facts, ‘to the extent that the facts [are] relevant to any pertinent 45 Sec. 6 (c); Senate committee report, p. 20; House committee report, p. 33. 19 8ec. 7 (c). See the extensive legislative history respecting this provision, for which purpose 8. Doc, 248, 79th Cong., provides a convenient collection and index. 17 Bec. 7 (a). 35Bec. 8 (a). See also sec. 5 (c). Sec. 8 (b). Sec. 7 (c). See also Senate committee report, p. 22; House committee report, pp. 36-37. 2 Sec. 8 (b). 3 Benate committee report, p. 22. ™In the comparatively unusual case where there is statutory provision for a hearing and consequently for decision upon the record thereof but the subject is exempt from sacs. 4, 5, 7, or 8, sec, 10 (e) (B) (5) nevertheless substantial evidence. which, as the Committee reports point out, must maet.the teste of sec. 7 (c). See Senate committees report, p. 28; House committee report, p. 45.
APPENDIX TO THE CONGRESSIONAL RECORD issue of law presented.”™ Whether or not there is a statutory administrative hearing, it is therefore undeniably a major premise of the statute that administrative action of any sort must be tested by facts, that the facts must be proved upon a record, and that the proof must meet the tests familiar in traditional Anglo-American judicature. Questions of law are for the courts 8. So much for questions of fact. But what’ of questions of law? The act simply and expressly provides that courts “shall de- cide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action.» Its further premise, moreover, is that discretion must be exercised in a sound and rational manner, and within the objectives permissible under the law. Not only is that the whole tenor of the statute, but the act expressly pro- vides both for the things which are neces- sary to test the exercise of discretion and for judicial review of matters of discretion. Thus, statements of grounds are required where denials occur in informal or nonhear- ing cases of rule making or adjudication.® Investigative powers may be exercised only “as authorized” and “in accordance with” the law and the facts.” In statutory hear- ing cases subject to eection 8 the agency must make findings and conclusions, and state the reasons and basis therefor, “upon all the material issues of * * * discre- tion presented on the record.” A declara- tory order may be issued or refused only in the exercise of “sound discretion.” » Judicial review of agency discretion Judicial review is suspended only ‘‘so far as” agency action is “by law’? committed to agency discretions.” Committed “by law” means, of course, that claimed discretion must have been intentionally given to the agency by the Congress, cather than as- sumed by it in the absence of express state- ment of law to the contrary. “Abuse of discretion” is expresaly made reviewabie.” It should come to nO one as a surprise, therefore, that the measure was explained on the floor of the Senate as providing for judicial review of the arbitrary exercise of discretion or of the exercise of discretion based on unsound “™or that on the floor of the House of Representatives it was explained in the following words: @ “There are exempted [from judicial review} matters to the extent that they are by law committed to the absolute discretion of ad- ministrative agencies, There has been much misunderstanding and confusion of terms re- specting the discretion of agencies. They do not have authority in any case to act blindly or arbitrarily. They may not willfully act or refuse to act. Although like trial courts they may determine facts in the first in- stance and determine conflicting evidence, they cannot act in of or contrary to the evidence or without evidence. They ™Bec. 10 (e) (B) (6); House committee report, p. 45; and see, to the same effect, Sen- ate committee report, p. 28. ™ Bec, 10 (e). % Bec. 6 (d). It applies to formal] or statu- tory~hearing cases aa well, although sec. 8 (b) makes that unnecessary in most such in- stances, 37 Secs. 6 (b) and 6 (c). See also point (6) in the text, supra. *6ec. 8 (b). See Senate committee report, pp. 24-25; House committee report, p. 39. ™ Bec.5 (a). See Senate committee report, p. 18; House committee report, p. 81. % See introductory clause to sec. 10. "Sec. 10 (e) (B) (1). See the House com- mittee report, p. 55, n. 22. ™ ComazssionaL Recorp, vol. 93, pt. 2, p. 2188. ™ CONGRESSIONAL REcoRD, vol 92, pt. 5, p. may not take affirmative or negative action without the factual basis required by the laws under which they are proceeding. Of course, they may not proceed in disregard of the Constitution, statutes, or other limita- tions recognized by law.” ‘It would be hard, therefore, for anyone to argue that this act did anything other than cut down the “cult of discretion” so far as Federal law is concerned. Plenary revicw of “legal wrong” by uction or inaction 9. Finally, the act expressly provides not only that every instance of “legal wrong” shall be subject to judicial review * but that adequate intermediate judicial relief shall be provided, that inaction shall be as much subject to review as excessive action.™ and that every recognized type of question of law—including supporting evidence for find- ings upon which agency action reste *—shall be subject to judicial review.™ It is, therefore, & major premise of the statute that judicial review is not merely available but is plenary in every proper sense of the word. No ad- ministrative agency need fear it so long as administrative operations accord with law, but no citizen need complain that he is with- out it if he has been subjected to injury be- yond the law. None of these premises of the Administra- tive Procedure Act will bear attack, unless the concept of justice according to law is to be abandoned. There is no half-measure or middle road. However, the statute need not be viewed as a strait-jacket for administra- tive agencies. Except so far as there may be other or “outside” requirements of law,” it simplifies as well as directs administrative processes. Official compliance will set at rest endless bickering and discussions as to what is proper procedure. Under the act, agency action may be attacked—but it can be as simply defended. If indeed there is any dan- ger to good and efficient government in the act, that danger lies in its merely @ form through indifferent administration, reluctant interpretation, or insufficient pub- lic understanding. TV. CONTINUING VIGILANCE AND FURTHER LEGISLATION ARE ESSENTIAL What of the future? Government is al- ‘ways restiess. Apart from the fact that we live in an era of governmental violence in many parts of the globe and that we have just completed the shooting phase of the greatest war of our history in order to put down such violence, we would be foolhardy to assume that government can stand still at home in the Western Hemisphere. Those who would change our form of government may for the moment at least be reduced to a remnant, but nevertheless government will continue to do things, to undertake new pro- 8, and to devise new measures to allevi- ate the evils of the day. In the field of administrative justice we as a nation, seeking either to maintain or perfect our domestic institutions, should forge ahead along two main lines: First, we should enforce and expand what we have done in the field of justice. Democracy must not merely work, but must function, to accord with our ideals, of which justice according to law stands high on the list but % Sec. 10 (a). A right of review is thus granted, whether or not particular statutes make similar provision. In view of some re- cent theories, this in iteelf is a most signifi- cant contribution of the act, % Bec. 10 (d). ™ Bec. 10 (e) (A). See also the definitions in aubsecs. (d), (e), (f), and (g) of sec. 2; and see secs. 6 (a) and 8 (b). ® Bec. 10 (e) (b) (6) and (6). See, in this connection the Senate committee report, pp. 28, 30-31; House committee report, p. 45; and item (7) in the text, supra. Bec. 10 (e) generally. * See sec. 12, Alll requires constant effort and vigilance. Spe- cifically, we must first be essured that exist- ing legislation to this end is made fully cffec- tive. Then we must add to it, lest for want of diligence we retropress. Indeed, we must not assume that what we have done so far is either the end or neces~ sarily the best course. Curefully studied and measured experience may indicate that we should revise the present administrative sys- tem entirely. For example, there may be room for the return of certain functions to the ordinary courts of the land, or it may be wise to create new courts to exercise func- tions now casually committed—or assumed to be properly committed—to executive agen- cies, That is a line of progress which has been made from time to time in the past. Con-, gress itself has recently surrendered the legis- lative prerogative respecting tort claims and committed the function to the regular courts.” Courts should not surrender their functions Secondly, we must give more attention to the substantive phases of legislation where administrative Justice is involved. That is a duty which not only Congress but every af- fected interest must face. Heretofore, with some notable exceptions, the trend of gov- ernment has been for legislatures to shed their responsibilities for the making of law. There has been a much too ready acceptance of the idea that the real work of governance must be left to the experts. The courts, too, seem to have become imbued with the idea that the judicial duty and function is theirs to surrender. In fact, however, it may be doubted that either the Congress, the courts, the experts, or the public gain by such un- restrained methods. Such a trend will ulti- mately leave Congress and the courts with little vital work to perform. At the same time the administrative arm finds itself di- rected to proceed with fragmentary powers and vaguely stated authority. It would therefore be a great advance if we could tear from our minds the concept that legistatures are delegating powers, for dele- gation implies surrender and abdication. In- stead we should proceed upon the proper theory that—through our legislatures—we are stating law as fulsomely and us accurate- ly as pousible, leaving the necessary execution to courts or administrative agencies, as the case may be. By abdication, legislatures and courts avoid many problems, rather than solve them. If we would proceed on the premise that we are stating law, we would in part at Jeast narrow the area of doubt and discretion. Here indeed is a field of statesmanship, good government, and democracy, in which all can share—legislutors, administrators, educators, the public, those who are regu- lated, and the legal profession. It is under- standable that lawyers traditionally consider jJudge-made law to be the highest form of jurisprudence. As a profeasion you sre also much concerned with questions of the forms of government, the separation of powers, and the development of constitutional law. Yet each of you knows that, in your daily work, statutes andregulations constitute the bulk of the living law. Our fundamental concept of government and law I commend to you, therefore, the proposi- tion that the proper framing of legislation should command some of your best talents and attention. Give your best efforts to such matters, for they are important if the idea of justice according to law is to survive and flourish. Our new administrative-law statute re- flects in letter and in spirit our conception “ Public Law No. 601, 79th Cong., ch. 753, title IV; Federal Tort Claims Act, approved August 2, 1946.
A112 of the fundamental principles underlying the American Government. I would express our views on that subject thus: The law is not the people; the people are not the law. The law is the spirit of justice governing the people. If this spirit of jus- tice, impinging as it should upon every indie vidual, fails to reflect full faith, fails to in- spire full credit and confidence, in the hearts and minds of the people, then there prevails a threat of no mean magnitude to the future strength and the future continuation of this form of government, Tf, on the other hand, this spirit of justice, prevailing in law and in administration, finds a resting place of confidence and con- tentment in the hearts and the minds of the citizenry, if each individual is brought to believe that he receives the same measure of the spirit of justice that his brother re- ceives, this Nation and this form of govern- ment, of which we are so proud, will, under God, find a course of continuation for the welfare of civilization in the centuries to come. Veterans’ Bonus EXTENSION OF REMARKS oF HON. EMORY H. PRICE OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. PRICE of Florida. Mr. Speaker, under leave to revise and extend my re- marks in the Recorp, I include a letter addressed to me by a World War II veteran, Mr. Speaker, in this letter the veteran, Mr. Seabury D. Stoneburner, has made some timely remarks on two important subjects. I hope every Member of this House will read this letter. It follows: JACKSONVILLE, FLA., January 9, 1947. Representative Emory H. Price, House of Representatives, Washington, D. C.: Most veterans, if polled on the bonus ques- tion, I believe, would be in favor of a cash dayment. I am not in favor of a bonus for these two reasons: First, no one in this country owes usa thing. We fought for our country—not for someone else’s. And second, even if a case could be made that servicemen's sal- aries were low in comparison with indus- trial wages, where would the money come from to pay the bonus? In the final analy- sis, it would have to be paid by future gen- erations because my generation cannot com- pletely pay off the New Deal and war debts. As for me, I do not want my children to have to carry an added debt load just to give me some extra cash. . Congress should set up a schedule and aim to pay off five billion of the debt each year. President Roosevelt used to say, “Debt doesn’t matter. We owe it to ourselves.” Why not let our party now adopt the slogan, “Debt payments don't hurt. We are paying them to ourselves.” The proposed five billion annual debt re- tirement would guarantee a minimum of that amount for business expansion and capi- tal improvements. Let's stop thinking up new ways to spend money and start reducing the debt in order to make a better Nation for the future. A little publicity by our party along these lines would probably get the veterans and the whole country behind it. Yours very truly, Sxasury D. STONEBURNER, Age 28; Navy service, 344 years in PT boats; now employed in white- collar job. Radio Address to My Constituents EXTENSION OF REMARKS oF HON. EDWIN ARTHUR HALL: OFr NEW YORE IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. EDWIN ARTHUR HALL. Mr. Speaker, under leave to extend my re- marks in the Recorp, I include the following radio address delivered by me on January 11, 1947: Dear friends of the Triple Cities and my congressional district, thanks for all your wonderful letters expressing approval of the return of this program to the air. I am glad you like it and will keep on making its con- tents to suit your taste. To you veterans listening in, I want to issue this warning: January 31 is the last Gay you can reinstate your war-service in- surance if you did not keep it in force after you left the service. After January 31, in order to be a policy holder, you will require a physical examina- tion. My suggestion to you, in case you in- tend to get reinstated but have neglected to do so, is to see the Veterans’ Administration before that date. If I can help you, let me know. Remember, it may not be as easy a few months or years from now to pass a physical examination if you do not attend to the mat- ter now. Your insurance is worth some- thing to you. Hang on ta it if you can and, if you are planning to, reinstate yourself now. A while ago, the Marine Corps made avail- able to me several thousand fiag books. These I distributed to you people pretty thoroughly but I suppose there were some who did not receive them. If you want me to send you one of the few I have left, write me. This flag book gives a complete history of our flag, and our Consti- tution. It is beautifully colored and has the pictures of many types of American flags in bright colors. I have some here in my Wash- ington office and they are yours for the asking. President Truman’s speech before the joint session of Congress met with considerable praise from persons I came in contact with. One point he stressed, however, which might be taken with a grain of salt was his remark that the veterans’ program is now complete. I suppose the way you look at that one is from your own personal standpoint. Some veterans are satisfied with what Congress has done, but a lot of others aren't. Mr, Truman’s premise that our veterans’ program is complete might be accurate if the GI bill of rights were being administered properly. Iam not criticizing General Brad- ley, but I say now as I said a year ago—the Veterans’ Administration still has a long way to go before perfection in dealing with our veterans is realized. When I voted for the GI bill and Congress passed it, we were in the midst of World War II, Nobody could do enough for the soldier. The sky was the limit, they said. APPENDIX TO THE CONGRESSIONAL RECORD But lately, a lot of people have changed their tune. The veteran is lazy, indo’ent, unwilling to shoulder his burden in society, they maintain. They talk somewhat differ- ently. With that element I cannot agree. Mr. Truman may be right when he says we have completed our veterans’ program. Perhaps he means plans. Well, I always believed the program was completed when the GI bill was assed. That bill was the veterans’ dream come true. No government ever proposed so much for the men who fought for it. In this bill, the soldier could hope for free education, job priority, decent medical and hospital treatment for the rest of his days. Many people have criticized me because I proposed a bonus for our veterans, Really, I have proposed nothing that is not included in the GI bill. The $4,000-loan guarantee in the GI bill is a bonus whatever way you want to look at it. If you don't believe me read the bill. Someday, the veteran will insist the GI bill ‘be carrted out. He can count on me to see him through. Farmers Guild Resolutions EXTENSION OF REMARKS HON. JACK Z. ANDERSON OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. ANDERSON of California. Mr. Speaker, at the request of R. V. Garrod, chairman of California Farmers, Inc., I include herewith the following resolu- tions adopted by the Farmers Guild at their annual convention at Monticello, Ind., on December 4, 1946: COST OF PRODUCTION Whereas the acceptance of the principles upon which America was founded are free- dom and responsibility; and Whereas thie can only stem from maxi- mum agricultural production which in turn can only be achieved by the farmers receiv- ing cost of production plus a reasonable profit for his products; and Whereas any cost-of-production formula should give a wage for the farmers, his em- ployees and members of his family equiva- lent to that received by those possessing stmilar skill employed in industry: ' Now, therefore, be it Resolved, That we are on record as reiter- ating our stand for legislated minimum prices of not less than cost of production. REPEAL OF PMA Whereas regimentation is inconsistent with the concepts of a free people and dangerous to their well-being: Therefore be it Resolved, That we recommend the im- mediate abolition of the AAA and PMA and all similar regulatory agencies. STATE BARRIERS Be it resolved, That we oppose trade bar- riers between States and other political divi- sions and we urge the abolition of highway barriers in the form of discriminatory taxes and unscientific size and weight regulations on trucks, Whereas it is a requisite of legitimate marketing of farm products that these
APPENDIX TO THE CONGRESSIONAL RECORD markets should be free from all forms of racketeering; and Whereas the futures markets constitute a growing threat to the farm-price problem by gambling on the price of farm products, beat- ing down the price thereof below cost of pro- duction, as witness the October futures market crash in cotton and grain; and Whereas the practice of commodity gam- bling and its attendant evils is the main cause, of much agricultural instability: Therefore be it Resolved, That we demand of Congress immediate steps to stabilize farm prices and eliminate the futures markets. UN-AMERICAN ACTIVITIZS Be it resolved, That we recommend that Congress continue investigating un-Ameri- can activities. RECIPROCAL-TRADE TREATIES Be it resolved, That we demand of Con- gress to repeal the authority granted the President to approve reciprocal-trade agree- ments without the advice or consent of the United States Senate. TAXING COOPERATIVES Whereas there is being conducted a strenu- ous campaign to press laws through Con- gress and State legislatures which will have the effect of doubling taxation on returns received by producers from the sale of such products as are marketed by the farmer- owned cooperative selling agencies; and Whereas in this modern age these cooper- atives are just as much a part of the farm- ers necessary equipment as his planting and harvesting machinery; and Whereas these co-ops are on all assessment rolls, pay property and franchise taxes on all real estate, buildings, equipment, necessary to perform their operations, sales commis- sions, and stock on hand; and Whereas farmers receiving money from the sale of their products through their farmer- owned, membership-controlled selling coop- eratives pay both Federal and State income taxes on such excess income as their produce returns them; and Whereas it is very evident that such toxa- tion would in every sense of the word be double taxation and eliminate the agencies performing this useful and necessary work for the prdducers, thereby automatically in- creasing the cost of living for consumers. However, this does not mean we are in favor of exempting capital-stock companies masquerading as cooperatives from proper or adequate taxation: Therefore be it Resolved, That we do hereby place our- selves on record as vigorously opposing such proposed taxation; and be it further Resolved, That we instruct our proper State officials to so inform all Members of Congress and State legislatures of this action and respectfully request them to strenuously oppose the passage of such legislation when and if presented for enactment into law. LABOR Whereas labor has inalienable rights, among which are the right to work, to quit work, or to strike: Therefore be it Resolved, That in the public interest we ask labor to consider that this freedom does not contain the right to compel others to quit work by force or pressure, nor the right to commit violence or violate a contract, therefore the maintenance of membership or the closed-shop clauses should not be in any labor laws. WARTIME CONTRACTS Whereas reports are widely current of cor- ruption in connection with the letting of war contracts, and the conduct of those re- XCII—App.——8 sponsible for such corruption goes to the very foundation of a free government: Therefore be it Resolved, That we urge Congress to thor- oughly investigate such reports and fix the responsibility for such acts regardless of who may be involved and take all possible steps to punish those responsible for same, ARMED FORCES INDOCTRINATION Whereas reports are current that members of the armed forces of the United States have been given courses of study or lectures the effect of which has been to accomplish their orientation in leftist ideologies: Therefore be it Resolved, That we urge Congress to inves- tigate such reports and, if true, to fix the re- sponsibility therefor and take steps to insure a cessation of the same. Relief of the Blind EXTENSION OF REMARKS HON. KARL M. LeCOMPTE OF IOWA IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. LECOMPTE. Mr. Speaker, under leave to extend my remarks in the Con- GRESSIONAL REcoRD, I ask unanimous consent to include eight points formu- lated by the National Federation of the Blind in its convention held in St. Louis in June of 1946. These resolutions were submitted to me by Mr. Tom Jantzen, president of the Iowa Association for the Blind, and they are as follows: 1. The retention of title X of the Social Security Act as a separate title dealing ex- clusively with the blind. Comment: It is felt that to deal effectively with the economic problems of blindness, aid to the blind should not be lumped, con- fused or “scrambled” with all other forms of public assistar.ce. 2. More adequate relief of the distress of poverty among the blind. Comment: The present national average granted in ald to the blind is $83 per month. It is felt that this average should be raised to 875. 8. The requirement that the State exempt at least a minimum of earnings ana other income, .thus permitting and encouraging the blind, and which forbids the pauper theory of aid to the blind. Comment: Under the present arrangement the blind are penalizec for any display of initiative or effort to earn their own way to economic independence and self-respect. 4. A system which strikes down the abuses of the “means” test, budgeting, social-worker control of the lives of the blind, and which forbids the pauper theory of aid to the blind. Comment: Under the present system the social workers apparently have unlimited power to investigate every intimate aspect of the private life of the blind person to deter- mine his budget of necessities, and to deduct all his meager earnings from his aid. This approach to aid has the earmarks of the pauper theory of aid. 5. A safeguard permitting the States to adopt their own interpretation of need, eligibility for assistance, and the establish- ment of a flat grant system. Comment: It is felt that the Federal Gov- ernment should lay down minimum require- ments upon the States—not maximum re- quirements. The aim of Congress should be to establish a floor of security for the blind A113 which preserves self-respect and dignity with- out placing a ceiling on opportunity to achieve independence and self-respect. 6. A system which removes the limit of the Federal Government's contribution to the States, increases the Federa] percentage pay- able to the poorer States, and insures that these increases will be passed on to the blind rather than merely enriching the States’ treasuries. Comment: Adequate relief from the dis- tress of poverty among the blind can be at- tained only when the Federal] Government assumes its fair share of aid expenditures by removing the present limitation on matching funds of $62Q per person and by proportion- ately increasing Federal grants to poorer States. 7. The erasure of responsibility of relatives from all aid to the blind laws. Comment: To insist upon the responsibility of relatives for the care of a needy blind per- son is to close one’s eyes to the public re- sponsibility of providing a basic security and reasonable opportunity for self-support to the blind. 8. A prohibition of any State requirement that the recipient of aid to the blind transfer his property to the State. Comment: In the event that a blind per- son's property is capable of producing income, to deny him its use is to deny him a means and opportunity of achieving independence and self-support. Communism in Textbooks Used and Paid for by Government EXTENSION OF REMARKS or HON. MARION T. BENNETT OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. BENNETT of Missouri. Mr. Speaker, considerable interest has been aroused by publication of reports that the Army the Veterans’ Administration, the Library of Congress, and certain schools and colleges have used or are using, at public expense, textbooks advo- cating communism or other alien polit- ical ideologies. I have made some in- vestigation of the matter and here will lift the brass curtain and present the facts so far as I have been able to secure them. I commend this information to attention of the House Committee'on Un- American Activities and will raise a few unanswered questions to which perhaps the committee can secure answers. Specifically, most of the charges in question pertain to two volumes entitled “Economics: Principles and Problems,” by Paul F. Gemmill and Ralph H. Blodgett. These two textbooks are iden- tified by the armed forces as Educational Manual EM-763, prepared and selected by the editorial staff of the United States Armed Forces Institute for Use by the Army, Navy, Marines, and Coast Guard. They are copyrighted by the authors and published by Harpers Bros. which in its sales promotional] literature on the texts lists 195 colleges and universities in 43 States, the District of Columbia, and Canada as using or having used the books. These books are not good objective works in economics but rather they
All4 cleverly plead the case for the following propositions, among others: First. Abolition of inheritances. Second. Federal ownership of all land. Third. Sterilization of certain “social undesirables.” Fourth. Increased income taxes. Fifth. Equalization of all incomes. Sixth. Abandonment of the price sys- tem. Seventh. Government ownership and control of all business. Eighth. Socialized medicine. Needless to say, these ideas are in har- mony with the Communist party-line and have no rightful place in any activ- ity sponsored by the United States Gov- ernment. Yet, 46.472 sets of the two- volume work were purchased by the Gov- ernment for use of the armed forces at a cost of $40,224.81 and were used for over 2 years. Royalties paid the authors by the Government total $2,362.49. Of this amount, Gemmill received 71 percent and Blodgett received 29 percent. Who is Mr. Paul F. Gernmill and who is Mr, Ralph H. Blodgett? Considerable information about them is available in Who's Who in America. For instance, we find that Blodgett is a professor of economics at the University of Illinois, the author of various articles, and likes to play golf and bridge. The same source tells us that Mr. Gemmil] is a pro- fessor at the University of Pennsylvania. He, too, is an auther of more works than those under question here at the moment. His alias is Paul Fleming, the magician. He made his living for a time as a magi- cian and perhaps he thinks that some of his remedies for the economic ills of America will produce magical results. I do not doubt but that they would be different results but there is nothing very magical about Red fascism. Professor Gemmill, alias Fleming, has quite a record of association with left- wing groups and activities. For instance, the Communist Daily Worker, March 5, 1941, page 2, reveals he signed a state- ment to the President defending the Communist Party. He is reported in the Daily Worker, July 19, 1942, page 4, as a signer of an open letter denouncing the United States Attorney General, at that time Hon. Francis Biddle, for his charges against Harry Bridges and the Com- munist Party. He is quoted or referred to a number of other times by the Daily Worker and, of course, is one of those who has been active, signing petitions and agitating, for abolition of the House Committee on Un-American Activities. But, enough of Gemmill and Blodgett. How does it happen that the Govern- ment of the United States, specifically the Army, has purchased books written by these radicals? Not many Army men studied the books. Only 959 Army per- sonnel enrolled in the course in which the books were used from May 1944 to September 1946. Only 26 actually com- pleted the course. It would appear, therefore, that a Government supply of 46,472 sets was more than sufficient. But, why were any bought? The Army’s Information and Educa- tion Diviston, since its inception early in the war, has been in charge of the indoc- trination, orientation, and education of our soldiers. It conducts the troop in- formation program, helps run the Armed Forces Institute, a correspondence school for the services, makes motion pictures dealing with specific aspects and prob- lems of the services’ jobs and operates the Army's radio broadcasting stations. It entertains, instructs, and trains. This is the branch of the Army which bought the books for said purposes. Brig. Gen. C. T. Lanham is presently the head of this operation. He is a very courteous and cooperative gentleman and in no way responsible for the purchase or distribu- tion of the texts in question which were, I am informed, adopted under the reign of his predecessor, Fred Osborne, a New Dea) civilian President Roosevelt brought down from New York, put in a general’s uniform and who has now returned to civilian life. I do not know whether this gentleman and his subordinates ever read the texts before they were adopted by the Army for use. But, the system they evolved for their selection was, briefly, as follows: ‘ The United States Armed Forces In- stitute adopted texts selected by its edi- torial staff, a project of the American Council of Education. Selection was based upon a comprehensive survey of allegedly outstanding educators at a number of educational institutions chosen on the basis of size, geographical distribution, and academic standing. A press release of the War Department, October 4, 1946, states: As the result of a survey made in 1044 by the editorial staff, the textbooks in ques- tion, having received the highest number of points were selected in May of that year as the text in economics for UBAFT. The War Department advises me that the following individuals representing the following institutions, listed the texts in question as first, second, or third choice and it was thereby selected: Prof. Harvey A. Wooster, Oberlin Col- lege, Ohio; Pauline Woodard, Vanderbilt University, Nashville, Tenn.; Dean R. £. Glos, Miami University, Oxford, Ohio; Prof. Dudley F. Pegrum, University of California, at Los Angeles; Prof. Shorey Peterson, acting chairman, University of Michigan, Ann Arbor, Mich.; Dean Calvin B. Hoover, Duke University, Dur- ham, N. C.; Prof. Howard M. Teaf, Jr., Haverford College, Haverford, Pa.; Prof. T. H. Boggs, Stanford University, Cali- fornia; Dean D. D. Carroll, University of North Carolina at Chapel Hill; Prof. C. W. Hasek, Pennsylvania State College; Prof. Donald English, Cornell University, Ithaca, N. Y.; Prof. Jesse S. Robinson, Carleton College, Northfield, Minn.; Prof. F. H. Elwell, the University of Wisconsin at Madison ; Dean Elmore Peterson, Uni- - versity of Colorado at Boulder; Prof. Clair Wilcox, Swarthmore College, Penn- sylvania; and Prof. Lioyd P. Rice, Dart- mouth College, Hanover, N. H. This makes one wonder just how far the Com- munists have infiltrated the American educational system, when books recom- mended by such people representing the American Council on Education, can turn up to be Communist to the core. I have the names of others involved which I will make available to the committee. Before turning to the final disposition of these texts for use by other branches of government, let us examine some of the exact language used in them. My APPENDIX TO THE CONGRESSIONAL RECORD interest in these books was immediately aroused when I read on page 17 the analogy classifying Hon. Bruce Barton, a former distinguished Member of this House, as a tramp and elsewhere hold- ing Hon. Harold Laski, British Labor Party radical, up to highest esteem. But, on page 18, we find a plea for objec- tivity. The authors state by way of caution to the reader: He should be from Missouri, maintaining @ receptive but skeptical attitude, weighing critically every scrap of evidence as it makes its appearance and finally rendering a judi- cial decision that ts free from preconceptions and personal bias. I am from Missouri. Let us proceed. On pages 315-316 we find some advice to the armed forces which is designed to help avoid the pitfalls of half-hearted planning: It would seem that a choice must be made between a capitalistic economy and a planned economy, for extensive economic planning could scarcely be carried on under capitalism. In a planned economy a gov- ernmental board or commission, appointed or elected, would direct the economic activi- ties of the country. With assistance of local agencies throughout the country, and aided by a, great mags of statistical data, the cen- tral board would decide what goods to pro- duce and in what quantities. Most econo- mists agree that such economic planning is impossible unless society as a whole, through the government, owns all the nonhuman resources of production. That is, land and Capital must be socialized if national eoo- nomic planning is to be effective. Shades of the OPA and CPA. This is the last chance for free enterprise. Next time the planners will socialize the land and capital. They are doing it in They have aiready done On page 621, of volume 1, the authors have a statement they entitled “Abolition of Inheritance.” Yt reads as follows: Our goal then, is equality of opportu- nity. * * * The first move in this direc- tion, we believe, should be the adoption of a th Federal estate tax which will prevent the piling up of wealth for the use of individuals and will insure ite expendi- ture in the interests of all. If this tax is to do its full share in reducing inequalities, it must take a very large proportion of a man’s estate upon his death, leaving for the heirs (apart from a modest provision for direct de- pendents) little more than mere keepsakes which are valued chiefly for sentimental reasons. Shades of the Kremlin and Kar! Marx! The authors, in their so-called objective analysis, continue in this vein: It is scarcely necessary to add that an estate tax, if it was not to be evaded, would have to be accompanied by a gift tax which would prevent the transfer of property in anticipation of death, or would at least tax such transfers at a high rate. * * * To prevent evasion of income taxes (which the authors suggest be made confiscatory along the lines of certain 1941 war taxes) there would be need, of course, to eliminate tax- exempt securities (Government bonds). On page 523 Gemmill and Blodgett state: The abolition of most inheritance and an increase in the taxes on large incomes would do much to seduce economic inequality, and at the same time would produce an enor- mous amount of revenue. To mention specifically but one important item, we may note the fact that the estate tax that we
APPENDIX TO THE CONGRESSIONAL RECORD have proposed would, within a century at the most, bring all land (or at least all land used for business purposes) into the hands of the Government. This land would doubtless then, as now, be rented out to the highest bidders and would produce a large and steady income year by year. We believe that estate and income taxation should be made to pro- mote equality not only by relieving the rich of their surpluses, but by bestowing upon the poor:the revenue collected in this way. It would doubtless be a mistake to make the dis- tribution on a per capita basis, and in the form of cash. Hence, we propose that it be done in a way that is both simple and sane, through extension of social services. We have already advocated the adoption of various forms of social insurance and the provision of free medical and hospital service for all who need it. * * * Lack of educa- tonal opportunity should be removed. * This educational program of course, would involve not only free tuition in elementary and secondary schools and higher institutions but also such allowances for living expenses as would make it unnec- essary for the members of working class families to quit school for lack of funds. * © * We believe that our program would establish a substantial degree of equality of opportunity, so that such inequalities as continued would be the result of differences in native endowments and not differences in environmental conditions, Then comes a significant footnote on pages 524-525 by way of amplification of the foregoing: The adoption of this program would not, of course, make up for such sertous physical deficiencies as physical invalidism or feeble- mindedness. Hence, to repeat a statement made in chapter 26, it is probable that there will always be some members of society who, because of physical or mental defects, can- not be expected to support themselves. Un- fortunates of these kinds will have to be cared for at the public expense, unless they have friends or relatives who are able to look after them adequately. We believe that such persons should be provided with a standard of living that will enable them to live in health and decency, but that they should be prevented from propagating their kind. It is often suggested that, if their defects are of a transmissible type, these public charges should be required (in return for their maintenance) to submit to segre- gation or sterilization. Mr. Speaker, other quotations could be given if time and space permitted. The foregoing are typical. They have not been lifted from the text in such a fash- ion as to distort their meaning or to fail to give the full meaning of the authors. These textbooks were withdrawn from the curriculum of the United States Armed Forces Institute on September 11, 1946, by order of the Information and Education Division, after contents of the books were exposed. On November 9, 1946, the War Department issued a press release stating in part: This action will mean that additional thou- sands of college textbooks stocked by the USAFI can be made available to veterans in colleges and universities through the Library of Congress. It has been the policy of the Depart- ment to declare surplus to the War As- sets Administration text materials which are no longer required or wanted by the armed forces. Then, WAA transfers them to the Veterans’ Administration which in turn has the assistanee of the Library of Congress, through its\Surplus Books Section, in distributing these sur- plus books to veterans enrolled in civilian schools. There is some conflict about what has happened to the thousands of copies of EM-763. The Army stated in a letter to me December 23, 1946: Stocks of these books are frozen in depots overseas and in the United States pending determination of final disposition. The Director of the Legislative Refer- ence Service, of the Library of Congress, assured me in a letter December 18, 1946, that while certain surplus books used in the educational programs of the armed forces are being distributed free of charge for the use of veterans taking educational training at public expense under the GI bill, the Gemmill and Blodg- ett volumes are not among them. Yet, a brochure of the Library under date of June 1, 1946, listing the books. so made available, does include the Gemmill- Blodgett text. Also, a correspondent for the Buffalo (N. Y.) Evening News was ad- vised by the Library and so stated in the press December 30 that “the Library has exhausted its supply of these books.” The full truth of this matter needs to be gone into. It would be interesting to know just how strong the Communist in- fluence is in the Library of Congress. It would be interesting to know which schools snapped these volumes up when offered by the Library and how many veterans today are studying these books at expense of the taxpayers and in what schools and colleges. It would be inter- esting to know whether or not the sales propaganda of Harper Bros. is truthful in contending this is a standard college text used or having been used in 195 schools which they list, including, I am sorry to say, the University of Missouri. It would be interesting to know if, printed and distributed to veterans by the Gov- ernment, the veterans have gained the idea that this rubbish has the approval and blessing of the Veterans’ Adminis- tration. It would be interesting to know if anyone in the armed forces responsible for selection of these books is still serving in a capacity in which such an error could be repeated and just to what ex- tent the Communists have infiltrated the armed services. Boards of education and those supporting educational insti- tutions using these texts might well in- quire into what is going on in their schools in the classes on economics. Use of Franked Envelopes for Private Purposes EXTENSION OF REMARKS or HON. J. GLENN BEALL OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. BEALL. Mr. Speaker, the Wash- ington Office of Temporary Controls, Of- fice of Price Administration has been writing letters apparently to everyone listed in the Washington telephone di-~ rectory, recommending former employ- ees for employment in private induséries. These letters are signed by Mario P. Canaipi, Chairman, Employment Service. A115 Of course, we have no. objection to Mr. Canaipi recommending anyone he may choose for a position but we do object to his using a franked envelope in making his recommendation. It certainly seems to me that if this individual desires to recommend anyone he should use, as any business concern or any private individual would be re- quired to use, a 8-cent stamp on the en- velope. Apparently these form letters of reéc- ommendation are sent out in wholesale lots and must be costing the United States Government many thousands of dollars, It is for that reason that I make this objection. Two Budgets Needed . EXTENSION OF REMARKS HON. CHARLES R. ROBERTSON OF NORTH DAKOTA IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mr. ROBERTSON. Mr. Speaker, the Eightieth Congress starts off committed to a program of economy and the balanc- ing of the national budget. Both are commendable things to do. There are many places in the national picture where the previous Congress committed us to a policy of interna] development. This is particularly true in the great Missouri development program, which by the way is a far-reaching project of deep interest to several States in the western section of the country. While we must set about the task of balancing the budget and reducing ex- penses, it would seem wise to me at least. that we should give due consideration to permanent long-lived investments which will have for their purpose the develop- ment of great sections of the country. This is particularly true of the Missouri Valley area. The cccomplished editor, Mr. Kenneth Simons, of the Bismarck (N. Dak.) Tribune, proposes a very unique plan for meeting this situation in an editorial published in the Bismarck Tribune under date of December 31. Here he proposes that we deal with one phase of this situa- tion as a permanent long-time invest- ment and regard it from this angle as we think in terms of balancing the budget. I include herewith the editorial writ- ten by Mr. Simons: TWO BUDGETS NEEDED How can businessmen who favor Govern- ment economy reconcile that attitude with their demands for the expenditure of huge sums of public money? The question is a fair one and demands a legitimate answer if a large and important part of our population is to avoid convicting itself of hypocrisy. The issue is particularly pertinent here in the Missouri Valley, almost solidly Republi- can in politics, where all of us are asking the expenditure of huge sums on development work. How can we support economy and at the same time demand continued invest- ment of Government funds in this region? The answer lies in that word “investment.” We are not asking the Government to spend
All6 but to invest. There ts a vast difference in the meaning of the two words and it is the key to our seemingly contradictory position. For it is one thing to spend money in order to maintain routine operations of the Gov- ernment, another to invest it in the hope of receiving a long-time and continuing benefit. The latter ts what we are asking Uncle Sam to do when we plead for the development of the Missouri Basin. No one can successfully deny that the pro- gram for the over-all development of the Missouri Basin ingures the creation here of thousands of new farms, thousands of new businesses, thousands of new industrial enter- prises. Neither can there be any doubt that these will pay taxes to the Pederal Govern- ment, offer jobs for millions of persons and thus strengthen the economy of the Nation. These benefits will not be temporary in their nature but will continue to shower blessings upon this Nation and its Government far beyond the time of any person now living. For this reason it is clear that the Con- gress should set up two different kinds of budget. One should be an operating budget for the maintenance of the routine functions of Government. This should be held to the lowest practical minimum, A second should be the Federal investment budget, which could properly be divided into two parts. Such investments as new Federal post offices and other buildings which may result in improved service or convenience but which cannot possibly add to the productivity of the Nation should go into one part of the investment budget. Projects which create permanent jobs, farms, and businesses should be included in another and separate part. Quite obviously, too, the latter should have preference. To spend $100,000 in building a new post office is one thing; to spend $100,000 in creating new farms and in providing new opportuni- ties for jobe and business is another and far better thing. The two should not even be mentioned in the same breath so far as value to the country is concerned. It 1s for this reason that we in the Mis- sour! Basin can consistently ask for substan- tial appropriations for valley development and, at the same time, support the demand for economy. The Republicans have long contended that they, if returned to power, would reestablish business principles in the Government. They can find no better place to begin than in their management of budgetary problems. If they mean what they say, they will begin by revamping the entire governmental system of spending tax money so the people will be able to clearly understand what they are getting for it. Meanwhile, this is a good place to suggest that the Republican Senators and 'eBB- men from this Basin are well established, since the Great Plains returned to the Re- publican Party long before the rest of the country. We have a right to hope and expect that they will see to it that the Government continues to invest in the development of this region. Senator Wallace H. White, Jr. ——— EXTENSION OF REMARKS HON. MARGARET CHASE SMITH OF MAINE IN THE HOUSE OF REPRESENTATIVES Monday, January 13, 1947 Mrs. SMITH of Maine. Mr. Speaker, @ man of great current interest is the majority leader of the Senate, Hon. Watiace H. Wurre, Jr., of Maine. Be- cause I know many Members of both the Senate and the House, and the pub- lic as well, are interested in this out- standing statesman, under unanimous consent, I include in the Rzecorp an edi- torial taken from the Lewiston Evening Journal of December 27, 1946; also a bio- graphical article appearing in the Port- land Sunday Telegram, January 5, 1947, on the senior Senator from Maine: [Prom the Lewiston (Maine) Evening Journal of December 27, 1946] WHITE AND THE COMMITTEES There's no row like a family row. The Republicans in the House are roaming around Washington with tempers at the kin- dling temperature. Now dignified Senators are having their inning. Senator Resp, of Kansas, 1s hollering “oligarchy,” charging that Senators WHitez, of Maine; Tart, of Ohio; and VANPENBERG, of Michigan, are running the show’ Several Senators have objected to one huving more than one important job. Whitt has been practically agreed upon for floor leader. He also wants to be chair- man of the Commerce Committee. He says today that he will not withdraw but will be @ candidate for Commerce chairman when the GOP canference meets December 30 to make final ents, Wuirtt is the best qualified of the upper Chamber to head the. Commerce Committee. He is the outstanding authority in Congress on communications. He is coauthor of the present radio law. At the personal tnsist- ence of President Roosevelt early in his firat term, Wurrz accepted chairmanship of the American delegation to the International Communications Conference at Cairo. This was at the time that the Democrats had swept into Washington. This was a good assignment, but F. D. R. realized Witr's especiat fitness to head the delegation. WHITE demurred, but the President made it &@ question of duty and Warre went. Radio people would like Wurtz to have the Commerce . The current edi- tion of magazine, a weekly pub- lication, editorially calls for WurrTz to be “drafted.” Says the magazine, “Wurtz knows more about communications and radio than any man in Congress. WALLACE WHrrz, by all standards, is the best qualified legislator in the Nation to chart the course for new radio legislation. Irrespective of al) other consid- erations, he should be drafted by his party to head this important committee, even though the dual-leadership burden will be heavy. There should be a new Communications Act and it should be the Wallace White Act. ‘The Congress and the Nation owe it to him.” This kind of talk is business, not political, [From the Portland (Maine) Sunday Tele- gram and Sunday Press Herald of January 5, 1947] PARALLEL IN Marnz Po.itics—SenatTor WHITE FOLLOWS GRANDFATHER'S FOOTSTEPS (By M. BE. Learn) Thirty years ago Wattace H. Warr, Jr., was elected to Congress from the Second Maine District and his Democratic opponents decried the move as “a boy being sent out to run a man's errand.” It turned out to be a long errand. This APPENDIX TO THE CONGRESSIONAL RECORD Senate, when he died in 1931 after 50 years of public service, 40 years of it in mn ve In a certam sense he also is right back where he started 45 years ago, when, as & s- the President of the Senate, his grandfather. Ever since the early days of that clerkship Wrrre’s fervent wish was to duplicate the Atstinguished career of the grandfather he admired so well, and every step he has taken since has been with that end in mind. Senator Prye, for 40 years a powerful figure in Congress, both tn the House and the Sen- ate, and thrice President pro tempore of the Senate, was an impressive deity to look up to and emulate—but step by step, practically in Prye’s very footprints, WHrre has made his way, and the ‘boy's errand” today is well- nigh accomplished. WON EARLY PRAISE Barly in his career Republican friends and Democratic foes started comparing him with the “old Senator,” as Frye was fondly termed. His first speech in the campaign of 1916, when he ran for Congress in the Second Maine District, resulted in a close friend of Prye’s saying: “The young man is fine. He is better than the old Senator was at the same age.” This coming in a day when austere elders frowned on the younger generation, and when compliments to their ability came as hard as conceding defeat to the Democrats, was @ forewarning of WHITE's coming polit- ical success. Like the old Senator, he was graduated from Bowdoin, and Frye, even then recog- nizing the potentialities of his gifted grand- son, gave him an early “in” with national politics by immediately fostering him as his secretary while he was acting Vice President of the United States. STUDIED LAW IN LEWISTON In that capacity, handling all the corre- spondence of the office, Ware familiarized himeetf with the workings of Congress, and early equipped himself with a background of legislative training and eipjomatic experience unmatched on Capitol Hil} So that he “wouldn't get the habit of being @ Government clerk all his life,” the old Senator persuaded Waits to return to Lewis- ton, where they both were born, to study law. The rugged legislator had also studied law in the City, and was anxious for his charge to acquire a legal background for a future that was already beckoning. Senator Frye, for 10 years active in Maine political circles prior to his tenure tn Washington, had twice been elected mayor of Lewiston; and Wurrs, for the first and only time in bis career, failed to match his grand- father's steps. But, it cannot be said he didn't try. for thrice he was defeated in the preponderantly Democratic city. He did, however, brighten the sad hearts of the minority Republicans at the time, for his second failure resulted in his reducing the Democratic plurality to such an extent that he convinced everyone be was the man to be their congreasional candidate. Oddly enough, Warsz, in shary contrast to his grandfather, had little or no hand in State politics. Senator Frye had been elected to the State legislature three terms, and was attorney general for the State from 1868 to 1870. ELECTED TO WAR CONGRESS It was the only time in their political parallels, however, that they varied. Prye was elected to Congress from the Second Maine District in 1871, and rerved lu ,ears being elected to the Senate. Wrz, out on that “boy's errand,” was elected to Congress from the Second Maine District in serve tn the Congress, and