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answers, too, have that all-familiar ring. from Nevada said on that occasion is,
Vice President of the United States, but the Everyone wants to prepare them for citizenin my opinion, correct:
Indian Bureau settled his estate. They did ship, and whenever they are prepared for
not think he knew enough to do it. citizenship we will turn them loose. But
I do know a lot of Indians and on the
Any time you are one-sixty-fourth Indian, the more they get into the preparation, the
average they are as intelligent as anyone else, more they get interested in preparing thembut after you browbeat them on a reser
you are still an Indian and you are still sub
ject to regulation. selves, and when this administration, what
vation from the time they can understand
what you are doing until they are 25 years ever it was for the last 25 years, goes out of
Mr. President, I submit that Vice Presold they lose all hope. office, they are less prepared than they were
ident Curtis, of the United States, had
I introduced a bill on two different occabefore.
just as much ability as does any Member sions—and I intend to introduce it again In other words, for 50 years we have built
of the Senate. before the end of the session-that would up an Indian Bureau and forgot all about simply make the Indians people, just like
Let me state, in that connection, that the Indians. Now it is coşting the Governthe Irish. There would not be any differ
I understand that the distinguished ment about $100 million a year. ence at all.
senior Senator from Nebraska [Mr. The Senator from Nevada [Mr. MA
BUTLER] is partly a Cherokee Indian,
Mr. KERR. Mr. President, will the LONE] continued—and I particularly wish Senator from North Dakota yield to me?
himself. Certainly he would not want to call to the attention of my colleagues
Mr. LANGER. I yield.
someone from the Indian Bureau to seton the floor of the Senate the fact that
tle his estate, after he dies.
Mr. KERR. Would the distinguished we are not dealing with a small thing: Senator from North Dakota do what he
Mr, BUTLER of Nebraska. Of course For 50 years we have built up an Indian could to prevent that occurrence?
I would not. Bureau and forgot all about the Indians.
Mr. LANGER. I beg the Senator's
Mr. LANGER. Yet under the Indian Now it is costing the Government about pardon; I did not quite understand him.
Bureau regulations, that is the situation. $100 million a year. Fifteen years ago it
Mr. KERR. Would the Senator from
Mr. CASE. Mr. President, will the was $10 million. North Dakota do what he could, per
Senator from North Dakota yield to me? In other words, during the last 15 years sonally, to prevent that occurrence?
Mr. LANGER. I yield. the cost of the Indian Bureau has risen
Mr. LANGER. I am quoting the Sen Mr. CASE. The illustration the Senfrom $10 million a year to $100 million ator from Nevada [Mr. MALONE].
ator from North Dakota has given rea year.
Mr. KERR. I understand, but I am minds me of the experience of Sam I read further from the statement of seeking the aid of the Senator from
Charger, a very outstanding member of the Senator from Nevada: North Dakota.
the Sioux Tribe, on the Cheyenne River The Indians are not as well off or as near Mr. LANGER. At the present time I Reservation, in South Dakota. For apcitizenship, most of them, as they were 15 have no opinion on these matters. I am proximately 20 years he was employed years ago. dealing solely and exclusively with the
as a farmer, and in that capacity he had Mr. President, I may say that one rea
statements made at the hearing by the the responsibility of recommending to son why I became so vitally interested
Senator from Washington [Mr. JACK the Indian Office, from time to time, that was that I asked the chairman of the
SON), the Senator from Utah (Mr. WAT other Indians be issued patents in fee Committee on Post Office and Civil Sery
KINS], and the Senator from Nevada on land. Sam Charger had that respon[Mr. MALONE].
sibility. He was a very able man.
, He ice about this matter. I discovered that when John Collier became Commissioner
As I have said, personally I have no
made those recommendations to the Inof the Indian Bureau, under President interest in the nomination of Mr. Em
dian Bureau for approximately 20 years. Roosevelt, there were 230,000 Indians en mons, so far as he personally is con
But after he retired, and when he wanted rolled. Mr. Collier wanted to build up cerned. After the hearing on Tuesday,
a patent for a piece of land for himself,
he could not obtain it, because the Indian a large agency or organization, so he it is very likely that I shall vote in favor looked around to find a great many more
of confirmation of his nomination; it is Bureau decided that he was not comIndians. Believe it or not, Mr. Presijust as likely that I shall do that, as it is
petent to manage his own affairs, aldent, he discovered a sufficient number of
that I shall vote against the confirma- though for over 20 years he had managed · other Indians to make a total of 400,000. tion of his nomination. My interest in
the affairs of other Indians for the InWhere did he get them? Mr. President, this matter is purely regarding the pro
dian Bureau. cedural one of having notice given. he included college graduates of Har
Mr. LANGER. I thank the Senator · vard, Yale, and Columbia. He found
Mr. KERR. I have no knowledge of
from South Dakota. more than 2,000 Indians in New York any difference or if there is any but the Mr. President, I ask unanimous conCity. He found several thousand more
Senator from North Dakota spoke of the sent that further excerpts from the reIndians in St. Paul, Minn. He went all differences between the Indians and the
marks of the Senator from Nevada [Mr. over the United States and increased the Irish people, and just in case of the pos MALONE] at the hearing may be printed number of Indian enrolled with the sibility that the Senator was correct, I
at this point in the RECORD, as a part of Indian Bureau from 230,000 to 400,000.
was seeking to enlist his support in my remarks. Then some members of the Senate
maintaining the differences, if they exist. There being no objection, the excerpts committee commenced to question. We
Mr. LANGER. Let me say that I be
were ordered to be printed in the RECORD, said, "Surely in 120 years some of these lieve the Indians are just as competent
as follows: Indians must have become sufficiently to manage their own affairs as is the Senator MALONE. I have listened atteneducated to be removed from the rolls."
distinguished Senator from Oklahoma tively, and I am perfectly satisfied with the Mr. Collier's first assistant, William A. or the Senator from North Dakota or any
answers given to Senator WATKINS, but the Zimmerman, testified that, in his opinother Member of the Senate.
answers, too, have that all-familiar ring. ion, 10 tribes at that moment were ready
Mr. KERR. I should like entirely to
Every one wants to prepare them for citizen
ship, and whenever they are prepared for to be taken off the rolls of the Indian agree with the Senator from North Da
citizenship we will turn them loose. But the Bureau and were capable of handling
kota not only that some Indians and more they get into the preparation, the more their own property.
some Irish are just as capable but that they get interested in preparing them; and I think all of them are as capable as I
when this administration, whatever it was I was not satisfied with that. I visited and I want to extend the application to
for the last 25 years, goes out of office, they the Navaho Indians and spent a week any other Senator
are less prepared than they were before. there at my own expense. Then I went
In other words, for 50 years we have built
Mr. LANGER. Mr. President, I do to California and investigated the situ
up an Indian Bureau and forgot all about not yield further at this time; I wish ation among the Indians of the Mar
the Indians. Now it is costing the Governto complete what I had begun to say. ment about $100 million a year. Fifteen tinez-Torres Tribe, at Palm Springs
Mr. KERR. Very well.
years ago it was $10 million. The Indians one of the most pathetic tribes in
Mr. LANGER. Mr. President, the are not as well off or as near citizenship, most America. Senator from Nevada further said-and
of them, as they were 15 years ago. Mr. President, I now read from page 27 I wish to have the distinguished Senator
I do know a lot of Indians, and on the of the transcript, where we find further from Oklahoma listen to this very care
average they are as intelligent as anyone else,
but after you browbeat them on a reservathe remarks of the Senator from fully:
tion from the time they can understand Nevada [Mr. MALONE], when he interro We had one (Indian) from Kansas, Vice what you are doing until they are 25 years gated Mr. Emmons. What the Senator President Curtis, a fellow good enough to be old, they lose all hope.
I introduced a bill on two different occa make tiankets or to make something else for The PRESIDING OFFICER. The sions and I intend to introduce it again be which there is no market, they never can question is on agreeing to the motion of fore the.end of the session, that would simply have a standard of living.
the Senator from California. make the Indians people, just like the Irish. I just wanted to bring to your attention There would not be any difference at all. that everybody talks as you have, general
The motion was agreed to, and the I would hate to have the Indian Bureau go statements, and they you get under the spell
Senate resumed the consideration of through with their attitude toward the Irish of “this great race of people who must not
legislative business. race and put all of them on a reservation
be turned loose until every one of them has that they did not consider were able to take a college education."
LEGISLATIVE PROGRAM care of themselves.
The way to get a man to take care of himSenator JACKSON. Following the Irish
self is to turn him loose and let him take Mr. KNOWLAND. Mr. President, we theme, are you going to divide them, north care of himself. I do not think you are
have already had a unanimous-consent and south?
going anywhere until you do. Senator MALONE. When you free the In
request for a morning hour, under the dians, the Indian Bureau runs out of a job. Mr. LANGER. Mr. President, for the usual limitation of remarks to 2 minMr. EMMONS. That is right.
fourth or fifth time, I desire to reiterate utes, which was agreed to. But I Senator MALONE. Not the top. They know my statement that I have no interest in thought, for the benefit of Senators, I they are going to lose their jobs anyway when this matter. Yet I find, in the Washing would like to outline the general prothe administration changes. But the first
ton Post of July 23, in big headlines, gram for the next few days, as the sitand second and third layers in there have
“LANGER Lied, Emmons Declares." Un uation now shapes up. Today, previous never been reconciled to the idea that an Indian could ever get loose. You do not
der that headline, the news item reads: to taking up the conference report on the know now perhaps—maybe you do—that SANTA FE, N. MEX., July 22.-Charges raised
independent offices appropriation bill they never turn loose of an Indian volun yesterday in the Senate by Senator WILLIAM there are several bills to be contarily. We had one from Kansas, Vice Presi. LANGER, Republican, North Dakota, are "the sidered. The first is Calendar No. 613, dent Curtis, a fellow good enough to be Vice most astounding lies I have ever heard," House bill 4152; then Calendar No. 583, President of the United States, but the In Glenn L. Emmons, Indian Commissioner
House bill 2828, Calendar 622, Senate dian Bureau settled his estate. They did not. nominee, said today.
Joint Resolution 34, and Calendar No. think he knew enough to do it.
"I expected that Senator LANGER would
612, House bill 157. Any time you are one sixty-fourth of an continue in his view of untruths”Indian, you are still an Indian and you are
On tomorrow, we propose to have a still subject to regulation.
Mr. President, I repeat, I have never call of the calendar from the beginning, I am not thinking of the men and women met this man in my life. There would to be followed by the taking up of the 35 or 40 years old. You are not going to be no reason for my attacking him per customs simplification bill, the agriculhelp anybody after they are that old. They sonally; and I am not doing so. The tural surplus relief bill, and thenare ingrained and browbeaten to the point news item reads, further:
Mr. JOHNSON of Texas. Mr. Presithey are not going to come back. I am thinking of these kids 5 or 6 years old, play
“But I never expected that he would stoop dent, will the Senator yield at that
to such a lie as that." ing with the white boys and girls; and when
point? they are 7, 8, or 9 years old, somebody points The article then continues:
Mr. KNOWLAND. I yield. a finger at them and tells them they are an
Mr. JOHNSON of Texas. I under
"It is significant,” Emmons told the Santa Indian, and that is the beginning of the Fe New Mexican, "that the Senator appended
stand that two bills were reported from end. the phrase 'or didn't.' That will leave him
the Committee on Agriculture and ForYou are not going to do any good, in my
something to hide behind when the charges estry regarding surpluses. Does the humble opinion, in the Indian Bureau in job
are refuted.” training, as such, if you turn them loose and
Senator plan to take up both of those
bills? let them go to the schools and let them go Mr. President, what are we to think to high school with the white folks.
Mr. KNOWLAND. No. I did not see of a man nominated to a position which I made a commencement address
the second one. One has been reported. Vernon, Nev., where there were about 8 or 10 of dollars' worth of property who, when
I always want to have the report availIndian boys and girls graduating from that high school, the finest people you ever saw. a Senator, in the fulfillment of his sworn
able to Senators before calling up a bill. They have been allowing them to go to the duty, rises on the floor of the Senate to
If the report on the second bill is availhigh school there. It is nice to have all say that in his opinion there should be a
able, and is ready tomorrow, it might be these good feelings, and then let this first, hearing on the nomination, since the ap
taken up, conditions permitting. second, and third layer of your Bureau up pointee had been nominated in the
Mr. JOHNSON of Texas. Does the there prevail on you, when you get there, morning and the nomination was re
Senator from California have informathat these people, if they get out, somebody ported in the afternoon, immediately
tion as to which of the two bills was reis going to take their property away from attacks the Senator? I say a man who
ported ? them and we cannot afford to do that. Senator JACKSON. Will the Senator yield at would do that would very likely make
Mr. KNOWLAND. I believe it was the that point for a question?
similar charges against any other Sen emergency bill, which would limit the Senator MALONE. I want to finish that one ator who might happen to disagree with amount for overseas relief, recommended statement.
him, and would charge him with uttering by the President, and would put a time They took my property away from me 3 or 4 untruths; or he might even attack sim
limit of March 15 next year on it. I betimes, but they did not put me on a reserva
ilarly the President of the United States lieve that is the measure which has been tion, so I do not think that is any reason who appointed him.
reported. for not turning them loose. Senator JACKSON. I want to say in the State
I bring the matter to the attention of Mr. JOHNSON of Texas. The Senaof Washington we do not have any Indian
the Senate, and in doing so, I am glad to tor is correct. That is the one which schools. They all go to our public schools.
know that there is to be a hearing. I was reported. We are hoping to be able They are no problem. I think that is a good
desire to thank the distinguished Senator to report the other bill this afternoon. thing wherever you can do it.
from Nebraska for granting the hearing. Mr. KNOWLAND. In addition to There are some areas where there are so I think it was the right thing to do. I that, I had planned to call up the Dismany Indians so far away that you have only hope the witnesses whom I have trict of Columbia appropriation bill toIndian children to go to school, and, of
enumerated in my former statements on morrow. The distinguished Senator course, you have to have an Indian school.
the floor will be summoned. I repeat, from South Carolina [Mr. JOHNSTON] But we have had no trouble in the State of Washington, and they have been absorbed
unless it is shown that there is something indicated that he might have to be away right into our public school system. It has in the nominee's character which would tomorrow, and that he had an amendworked out very well.
render him unfit for the position of Com ment to propose to it. I am waiting the Senator MALONE. Of course, that is true. missioner of Indian Affairs, the senior arrival of the senior Senator from IlliMy point is this: Do not congregate them in Senator from North Dakota intends to nois (Mr. DOUGLAS) in the Chamber, and a reservation and hope to bring them out of vote for the confirmation of his nom
I then intend to address an inquiry to this thing. If we owe them any more than the reservation, have hearings and give them ination,
him and to other Senators. Under the that, and if we owe them anything else, give
rule, appropriation bills normally have it to them. As long as we keep the Japa
to lie over for 3 days, but since we have nese, Chinese, Indians, or Irish, or anybody
given advance notice, and since the reelse, congregated together, and they talk
Mr. KNOWLAND. Mr. President, I port has been printed and is available, their own language, and you teach them move that the Senate resume the con I should like, when the senior Senator what they call folklore, or whatever it is, to sideration of legislative business.
from Illinois arrives, to make a unani
mous-consent request that the rule be take it up today, because of the very endeavoring to keep track of it for the waived, in order that the Senate may heavy schedule we have for next week. benefit of one or more of my constitutake up the bill either late this after Mr. MCCARRAN. I have offered an ents who wanted me to send them copies noon—if that meets with the wishes of amendment, which was ordered to be
amendment, which was ordered to be of the RECORD showing consideration of the Senator from South Carolina, other printed and to lie on the table, and I have the bill. I have been unable to do so. wise, on tomorrow—so we can move that certain data I should like to present with But with the statement of the Presiding bill out of the way and clear up our work reference to the amendment.
Officer that the bill was passed, the Senfor next week.
Mr. KNOWLAND. My plan had been ator from South Dakota assumes that he Mr. JOHNSTON of South Carolina. to take up that bill as the last of the may now so advise his constituents. Mr. President, will the Senator yield? bills to be considered before we reach the The PRESIDING OFFICER.
The Mr. KNOWLAND. I yield.
conference report on the independent of Chair will advise the Senator from South Mr. JOHNSTON of South Carolina. I fices appropriation bill. If it would not
If it would not Dakota that the Chair has before him should like to say that the consideration inconvenience the distinguished Senator the House Calendar, which, on page 91, of my amendments will not require more
from Nevada too much, I may say that refers to Senate bill 2320, as follows: than 5 or 10 minutes, unless there be disif we are going to try to work toward the
Mining claims, annual assessment, change cussion in opposition to them.
target date for adjournment, we should of date. Reported in Senate July 15, 1953;
clear the decks this week as much as posMr. KNOWLAND. I do not wish to
Interior and Insular Affairs; Report No. 585.
Passed Senate July 18, 1953. Referred to Inmake the unanimous-consent request sible. Pursuant to the suggestion of the
terior and Insular Affairs July 20, 1953. until the senior Senator from Illinois is
Senator from Florida (Mr. SMATHERS), I present in the Chamber.
intend this evening, when we complete Mr. CASE. Mr. President, I ask that I should also like to invite the atten
our work, to move a recess until 10 o'clock the permanent RECORD may be corrected tion of Senators to the fact that, on the
tomorrow morning, hoping that we may to show the passage of the bill as shown Executive Calendar, there are two trea
be able to recess at an early hour to by the Senate Journal. ties, on both of which the reports are morrow afternoon.
The PRESIDING OFFICER.
The available to each Senator, and may now
Mr. MCCARRAN. It would accommo correction will be made. be obtained. One of them has been date the Senator from Nevada if Calen
dar 612, House bill 157, could be taken up available for some time, and the other late this afternoon, if possible.
EXECUTIVE COMMUNICATIONS, ETC. is now available. I hope we may take up
Mr. KNOWLAND. I shall try to ac The VICE PRESIDENT laid before the those treaties tomorrow, if we are able to dispose of the other business early
commodate the Senator, and will do so Senate the following communication and enough. If not, I hope to take them up as far as possible.
letters, which were referred as indion Monday. One of the treaties in
Mr. McCARRAN. I thank the Sen- cated: volves a convention for the preservation ator.
ESTIMATES OF APPROPRIATION-EMERGENCY of the halibut fishery and the other is
MIGRATION PROGRAM (S. Doc. No. 67) a protocol to prolong the international CHANGE OF DATE OF ANNUAL AS A communication from the President of agreement regarding the regulation and SESSMENT WORK ON MINING
the United States, transmitting estimates of marketing of sugar.
appropriation, for the fiscal year 1954, in the
amount of $4,465,000 to carry out the emerOn Monday, I propose to move to take
Mr. CASE. Mr. President, will the gency migration program covered by either up Calendar 632, Senate bill 1917, the Senator yield?
S. 1917 or H. R. 6397, bills now pending beemergency refugee bill; and I hope that
Mr. KNOWLAND. I yield to the Sen
fore the Congress (with an accompanying by that time the conference report on ator from South Dakota.
paper); to the Committee on Appropriations the Continental Shelf bill will be avail
and ordered to be printed.
Mr. CASE. In view of the fact that able to the Senate for consideration.
REPORT OF SECRETARY OF DEFENSE ON CERTAIN the distinguished acting majority leader Today, after concluding consideration
PUBLIC WORKS PROJECTS has announced that the calendar will be of the bills I have mentioned, to reiterate, called tomorrow, I wonder whether it
A letter from the Deputy Secretary of DeI shall then move to take up the confer- would be in order to ask unanimous con
fense, transmitting, pursuant to law, a reence report on the independent offices sent to have the RECORD show the passage listing all authorized military, naval, and
port, as of the close of the 82d Congress, appropriation bill. I hope that by to
of Senate bill 2320. I understand it was air-force public works projects for the commorrow at the latest, and possibly to actually passed on the last call of the pletion of which adequate funds have not day, but more likely tomorrow, the Ap calendar on July 18. Senate bill 2320 been appropriated (with an accompanying propriations Committee will be able to
proposes to change the annual date for report); toʻthe Committee on Armed Services. report not only the mutual aid appropri- completing assessment work on mining
completing assessment work on mining REPORT ON SANTA MARIA PROJECT, CALIFORNIA ation bill but also the remaining appro claims from July 1 to October 1. I en A letter from the Secretary of the Interior, priation bills which are before the com deavored to look it up in the CONGRES- transmitting, pursuant to law, a report on mittee. One is the legislative bill, the
SIONAL RECORD following the last call of the Santa Maria Project, California (with an other is a supplemental bill. If those are the calendar. Nothing appeared in the
accompanying report); to the Committee on reported, I would then hope that the leg
RECORD, though my clerk advises me that Interior and Insular Affairs. islative bill might be taken up on Tues
the Journal shows that the bill was day next, and, on Wednesday, we might passed. The bill no longer appears on
PETITIONS AND MEMORIALS take up the mutual aid appropriation the calendar. I should like to enter a rebill, in order to clear the decks for ad- quest, either that the bill may be restored
Petitions, etc., were laid before the quest, either that the bill may be restored Senate, and referred as indicated: journment by, I hope, midnight next to the calendar, so that it may be passed, Friday.
By the VICE PRESIDENT: or Mr. MCCARRAN. Mr. President, will
A resolution adopted by the Sovereignty The PRESIDING OFFICER.
Preservation Council of Delaware, relating to the Senator yield for a question?
Chair will advise the Senator from individual rights under the treatymaking Mr. KNOWLAND. I yield to the Sen South Dakota that the Journal shows power; to the Committee on the Judiciary. ator from Nevada. that the bill was passed.
Three resolutions adopted by the Western Mr. MCCARRAN. I think the Senator
Mr. KNOWLAND. I think it is large- States Land Commissioners Association, at from California mentioned Calendar No. ly a matter of correcting the permanent
ly a matter of correcting the permanent Jackson, Wyo., relating to land grant col612, House bill 157, to provide that the RECORD, since the Journal shows that the
leges, the Taylor Grazing Act, and expe
ditious action on the lieu land selections tax on admissions shall not apply to mov bill was passed. Apparently the omis
(with an accompanying 1 aper); to the Coming-picture admissions.
sion was through an inadvertence in the mittee on Interior and Insular Affairs. Mr. KNOWLAND. That is correct. printing of the RECORD, rather than in a Mr. McCARRAN. Would it be con failure to pass the bill.
IMMUNITY UNDER FIFTH AMENDvenient to allow that bill to go over until Mr. CASE. I should like the RECORD Monday?
MENT OF CONSTITUTION—REto show at this point, as it will, in view of
PORT AND RESOLUTION OF NEW Mr. KNOWLAND. I may say to the the statement by the Chair, that the bill distinguished Senator from Nevada, I passed the Senate.
YORK BAR ASSOCIATION have given notice now for several days The Senator from South Dakota was Mr. LEHMAN. Mr. President, I ask regarding that bill. I should like to very much interested in the bill. I was unanimous consent to have printed in
the RECORD and appropriately referred, a In 1807, the privilege was upheld by Chief of criminal justice than the possible abuse of report and resolution of the committee Justice Marshall of the United States Su the privilege by some individual.
preme Court at the trial of Aaron Burr for 1. Marcello v. United States (196 F. 2d 437, on civil rights of the New York Bar As
treason, and the great Chief Justice said: 442 (5th Cir. 1952)). sociation which was adopted unani"It is the province of the court to judge
CONCLUSION mously by the association at its meeting
whether any direct answer to the question of June 27. which may be proposed will furnish evi
Your committee recommends the followThe report and resolution deal with
ing resolution for adoption by the New York dence against the witness. If such answer
State Bar Association: the constitutional privilege against self may disclose a fact which forms a necessary and essential link in the chain of testimony,
“Resolved by the New York State Bar Assoincrimination guaranteed by the fifth
ciation as follows, That the constitutional amendment. Although the Senate has which would be sufficient to convict him of
privilege against self-incrimination any crime, he is not bound to answer it so
-conacted upon one phase of this matter, I
tinues to be a vital safeguard of individual as to furnish matter for that conviction. feel that we must continue to study this
freedom and the bar should educate the pubIn such a case, the witness must himself problem. I want to commend the New judge what his answer will be: and if he says
lic as to its importance and discourage both York Bar Association for its pledge to on oath that he cannot answer without
those who would restrict its application and educate the public on the importance of
accusing himself, he cannot be compelled to those who would abuse it by asserting it this great constitutional guaranty, and answer."
improperly; and be it further In providing that no person shall be com
“Resolved, That the New York State Bar at the same time to discourage the im
Association urges Congress to make a study proper use of the privilege against self- pelled in a criminal case to be a witness against himself, the witness has the option
of the whole problem of the privilege against incrimination. to refuse to testify either in a judicial trial
self-incrimination and the corresponding There being no objection, the report or before an official governmental body.
immunity statutes with a view to recomand resolution were referred to the ComHowever this does not prohibit a congres
mending to Congress a comprehensive promittee on the Judiciary, and ordered to sional committee from inquiring.
gram of legislation which would preserve be printed in the RECORD, as follows:
A witness may not avoid disclosing facts
and effectuate the principle of individual REPORT OF NEW YORK STATE BAR ASSOCIATION
freedom as guaranteed by the privilege involving disgrace (rather than criminality). COMMITTEE ON CIVIL RIGHTS ON THE CON The privilege against self-incrimination does
against self-incrimination, on the one hand, STITUTIONAL
and the needs of society for the discovery PRIVILEGE AGAINST SELF not exist unless claimed, and there must be INCRIMINATION a real basis for the claim. The privilege is
and punishment of crime and subversion on personal to the witness, who may not re
the other.” Today the fifth amendment to the United fuse to answer on the ground that the an
Respectfully submitted. States Constitution which provides that “no swer would incriminate someone else.
Louis Waldman, Chairman; Samuel C. person * * shall be compelled in any Under certain circumstances the privilege
Duberstein, Daniel J. Dugan, Joseph criminal case to be a witness against himdoes not come into being: (1) where testi
P. Fogarty, Arthur K. Garfinkel, Eugene self” has become a familiar headline in the mony relates to a crime for which the wit
C. Gerhart, William J. Mackay, Clifdaily press. ness is immune from prosecution, as where
ford B. Marshall, George McKinley, The long procession of witnesses in the the statute of limitations has barred prose
Arnold T. Olena, Charles B. Seton, ever-expanding investigations of subversion cution, (2) where immunity has been ac
Whitney North Seymour, Florence P. and crime by congressional and State bodies, corded the witness, and (3) where the wit
Shientag, Myron Sulzberger, Jr. who intone with deadly monotony "I stand ness testifies without claim of privilege, on the fifth amendment," or "I decline to
thereby waiving his constitutional right. answer on the ground that it may incrim
Under our system of law, no man is guilty REPORTS OF COMMITTEES inate me” has brought the constitutional
until proved to be so by competent eviprivilege into popular disfavor and has dence. No man, it is felt under a humane
The following reports of committees caused even thoughtful citizens to question system of justice, need aid in his own con
were submitted: whether there is continued need for its
viction. The burden is on the prosecution preservation.
By Mr. AIKEN, from the Committee on both to establish guilt and obtain the eviIn addition to the fifth amendment to the
Agriculture and Forestry: dence necessary for that purpose. United States Constitution, 46 States have
S. 2249. A bill to authorize the Commodity well be that some guilty persons escape or Credit Corporation to make agricultural comincorporated this basic safeguard into their
the claim of privilege requires greater effort modities owned by it available to the Presiconstitutions and the two remaining States,
on the part of the prosecution. The same New Jersey and Iowa, protect the privilege might be said with equal accuracy about
dent for the purpose of enabling the Presi
dent to assist in meeting famine or other by judicial decision.
many other procedural safeguards which urgent relief requirements in countries The organized bar which is and should be
we regard as among the most precious. We friendly to the United States; with amendthe continuing champion of the rights and do not here pass on the problem of legis ments (Rept. No. 631). liberties of our people, generally believes lative encroachment on executive powers or By Mr. MILLIKIN, from the Committee that the constitutional protection against judicial functions, despite the facts that the on Finance: self-incrimination is a vital safeguard to courts have consistently dismissed Congres H. R. 5877. A bill to amend certain adminfreedom which has not lost its usefulness sional contempt citations based on the wit istrative provisions of the Tariff Act of 1930 with the passage of time or possible abuse. nesses' proper claim of fifth amendment
and related laws, and for other purposes; Believing also that lack of understanding as privilege.
with amendments (Rept. No. 632); to the extent and meaning of the constitu Nor do we here consider the vital problem H. R. 3884. A bill to extend the authority tional protection may lead to abuse, we of the individual called upon to testify be of the Administrator of Veterans' Affairs to think it important to review and clarify its fore a Federal body on matters which may inhistory, purposes, and the policy it repre
establish and continue offices in the Republic criminate him under State law, or one whose of the Philippines; without amendment sents.
fate is precisely the opposite. In neither (Rept. No. 637); The protection against self-incrimination case, under general law, does the witness re
H. R. 5303. A bill to amend sections 1606 embodied in the fifth amendment of our ceive any constitutional protection, although and 1607 of the Internal Revenue Code in Constitution has an ancient history, devel- under our Federal system, we have not only order to permit unemployment insurance oping from the 16th century Court of star separate but dual jurisdictions, each oper
coverage under State unemployment comChamber in England where a victim was ating in the same physical territory. As
pensation laws for seamen employed on cerinterrogated in order to draw charges against was observed by the United States Court of
tain vessels operated by the United States; him. The Star Chamber Court was de Appeals for the Fifth Circuit:
without amendment (Rept. No. 633); nounced in 1637 in the famous Lilburn trial “It appears as futile * to expect an H. R. 5636. A bill to amend veterans' reguwhen Lilburn refused to take the oath and individual to feel that his constitutional
lations to establish for persons who served testify. Thereafter, in 1641, England abol- privilege has been safeguarded because the in the Armed Forces during World War II ished the Star Chamber proceedings and the penitentiary into which his answer may a further presumption of service connection privilege against self-incrimination became land him is under the supervision of the for tuberculosis other than pulmonary; witha right gradually recognized by the common State instead of the Federal Government."
out amendment (Rept. No. 634); law courts in England.
Nor do we deal here with the very vital H. J. Res. 293. Joint resolution to permit Although in the United States there were question of whether a congressional or State articles imported from foreign countries for no similar conditions leading to the adop legislative committee should be permitted to the purpose of exhibition at the Washingtion of the privilege against self-incrimina grant immunity to a witness whose informa ton State Third International Trade Fair, tion in the English common law, in response
tion the committee deems vital to its inquiry, Seattle, Wash., to be admitted without payto overwhelming popular demand the privi- but which is withheld through the witness' ment of tariff, and for other purposes; withlege against self-incrimination was written claim of the privilege. The danger of care out amendment (Rept. No. 635); and into the Bill of Rights of our Constitution lessness or abuse of this power by indiscrim H. R. 5148. A bill to continue until the proposed at the 1st session of the American inate grants of immunity may present a far close of June 30, 1954, the suspension of duCongress on September 25, 1789.
greater threat to the orderly administration ties and import taxes on metal scrap, and
for other purposes; with an amendment
By Mr. WELKER (for Mr. BRIDGES): Unfortunately, an amendment to the (Rept. No. 636).
S. 2468. A bill to authorize the President appropriation bill for independent execBy Mr. BUTLER of Nebraska, from the to appoint to the grade of general in the Committee on Interior and Insular Affairs: Army of the United States those officers who; House, modified slightly in the Senate
utive departments on the floor of the S. J. Res. 98. Joint resolution authorizing in grade of lieutenant general, during World and directing the Secretary of the Interior War II commanded the Army ground forces, by Senate amendments which did not to liquidate the Puerto Rico Reconstruction commanded an army, or commanded Army prevail in conference, deprives some 300,Administration; with amendments (Rept. forces which included a field army and sup
000 veterans from receiving dental care No. 639).
porting units, and for other purposes; to to which they are entitled under previous By Mr. CARLSON, from the Committee on the Committee on Armed Services.
legislation. These 300,000 veterans have Post Office and Civil Service:
By Mr. MALONE:
individually been advised that their den. S. 2348. A bill to repeal the act entitled S. 2469. A bill for the relief of Francisco
tal work was the function and duty of "An act to authorize the Director of the Vasquez-Dopazo (Frank Vasquez); to the Census to collect and publish statistics of Committee on the Judiciary.
the Veterans' Administration and when redcedar shingles”; without amendment
By Mr. SALTONSTALL (by request): and if moneys were available the work (Rept. No. 640).
S. 2470. A bill to authorize the transfer
would proceed. By Mr. POTTER, from the Committee on
to the Government of Japan of certain mili To my way of thinking, we have reInterstate and Foreign Commerce:
tary equipment, and for other purposes; to neged on our obligations to these vetS. 2408. A bill to amend the Merchant the Committee on Armed Services.
erans. My bill is for the purpose of carMarine Act, 1936, to provide a national de
(See the remarks of Mr. SALTONSTALL when
rying out the promises made to these fense reserve of tankers and to promote the he introduced the above bill, which appear construction of new tankers, and for other under a separate heading.)
veterans by previous authorizations on purposes; without amendment (Rept. No.
By Mr. KENNEDY:
the part of the Congress. 641).
S. 2471. A bill to amend the act of June 30,
I, too, believe in economy, but do not 1936 (the Walsh-Healey Act); to the Com
think we should accomplish economy by FRED P. HINESREPORT OF A mittee on Labor and Public Welfare.
failing to live up to commitments made (See the remarks of Mr. KENNEDY when he to and received in good faith by veterans. COMMITTEE
introduced the above bill, which appear un The VICE PRESIDENT. The bill will Mr. LANGER, from the Committee on der a separate heading.)
be received and appropriately referred.
By Mr. MALONE: the Judiciary, to which was referred the
The bill (S. 2466) to preserve the eli
S. 2472. A bill for the relief of the city of bill (S. 152) for the relief of Fred P. Las Vegas, Nev.; to the Committee on Goy
gibility of certain veterans to dental outHines, together with the message from ernment Operations.
patient care and dental appliances, inthe President of the United States, re
By Mr. KNOWLAND (for himself, Mr.
troduced by Mr. HUNT, was received, read turning the bill without his approval,
TAFT, Mr. BUSH, Mr. POTTER, and Mr. twice by its title, and referred to the reported the bill with the recommenda
Committee on Labor and Public Welfare. tion that it do pass, the objections of
S. 2473. A bill to provide for payments by the President notwithstanding, and sub
the Federal Government to States or local
taxing units adversely affected by Federal TRANSFER OF CERTAIN MILITARY mitted a report (No. 638) thereon.
acquisition, ownership, or use of defense pro-
EQUIPMENT TO JAPAN of certain Federal properties, and for other Mr. SALTONSTALL. Mr. President, I ENROLLED BILL PRESENTED
purposes; to the Committee on Government introduce for appropriate reference a bill The Secretary of the Senate reported Operations.
recommended by the Department of Dethat on today, July 24, 1953, he present
By Mr. LEHMAN (for himself and Mr.
fense to authorize the transfer to the
IVES): ed to the President of the United States
S. 2474. A bill to authorize the coinage of
Government of Japan of certain military the enrolled bill (S. 2078) to provide 50-cent pieces to commemorate the tercen
equipment, and for other purposes. for the orderly transaction of the pub- tennial of the foundation of the city of New I ask that the accompanying letter of lic business in the event of the death, York; to the Committee on Banking and transmittal explaining the purpose of incapacity, or separation from office of a Currency
the bill be printed in the RECORD immedisbursing officer of the military depart
By Mr. SCHOEPPEL (for himself, Mr.
diately following the listing of the bill. ment,
ANDERSON, Mr. CLEMENTS, Mr. EAST
The VICE PRESIDENT. The bill will LAND, Mr. HOEY, Mr. JOHNSTON of
be received and appropriately referred;
South Carolina, Mr. MUNDT, Mr.
AIKEN, Mr. THYE, Mr. WELKER, and
and, without objection, the letter will be Mr. YOUNG):
printed in the RECORD. Bills were introduced, read the first
S. 2475. A bill to authorize the President The bill (s. 2470) to authorize the time, and, by unanimous consent, the
to use agricultural commodities to improve transfer to the Government of Japan of second time, and referred as follows: the foreign relations of the United States certain military equipment, and for other By Mr. KILGORE: and for other purposes; to the Committee
purposes, introduced by Mr. SALTONSTALL, S. 2465. A bill for the relief of Lydia Wick
on Agriculture and Forestry. enfeld Butz; to the Committee on the Judi
(See the remarks of Mr. SCHOEPPEL when
by request, was received, read twice by he introduced the above bill, which appear
its title, and referred to the Committee ciary. By Mr. HUNT: under a separate heading.)
on Armed Services. S. 2466. A bill to preserve the eligibility
By Mr. DIRKSEN:
The letter accompanying Senate bill of certain veterans to dental outpatient
S. 2476. A bill to establish a postal rate 2470 is as follows: care and dental appliances; to the Commit- making procedure in the Post Office Depart
OFFICE OF THE ment; to the Committee on Post Office and tee on Labor and Public Welfare.
SECRETARY OF DEFENSE, Civil Service. (See the remarks of Mr. HUNT when he
Washington, July 16, 1953. introduced the above bill, which appear un
By Mr. DIRKSEN (for himself, Mr.
Hon. LEVERETT SALTONSTALL,
HENDRICKSON, Mr. IVES, and Mr. der a separate heading.)
Chairman, Committee on Armed
SMITH of New Jersey): By Mr. THYE:
Services, United States Senate. S. 2467. A bill to confer jurisdiction on the S. 2477. A bill to amend the Trading With
DEAR MR. CHAIRMAN: There is forwarded States of California, Minnesota, Nebraska,
the Enemy Act, as amended, and for other Oregon, and Wisconsin, with respect to crimpurposes; to the Committee on the Judiciary.
herewith a draft of legislation “to authorize
the transfer to the Government of Japan inal offenses and civil causes of action com
(See the remarks of Mr. DIRKSEN when he introduced the above bill, which appear
certain military equipment, and for other mitted or arising on Indian reservations
purposes." within such States, and for other purposes; under a separate heading.)
This proposal is a part of the Department to the Committee on Interior and Insular
of Defense legislative program for 1953, and Affairs.
the Bureau of the Budget has advised that DENTAL OUTPATIENT CARE
it has no objection to the submission of the Mr. WELKER. Mr. President, acting
DENTAL APPLIANCES FOR CER proposal for the consideration of the Conin behalf of the Senator from New
The Department of Defense recomHampshire (Mr. BRIDGES], who has been
mends that it be enacted by the Congress. injured and is not able to be present, I Mr. HUNT. Mr. President, I intro
PURPOSE OF THE LEGISLATION introduce a bill and ask that it be ap duce for appropriate reference a bill de
This proposal is designed to provide stapropriately referred. signed to preserve the eligibility of cer
tutory authority for the transfer to the The VICE PRESIDENT. The bill will
The bill will tain veterans to dental outpatient care Government of Japan, without reimbursebe received and appropriately referred. and dental appliances.
ment, of United States military equipment