Page images
PDF
EPUB

COMMITTEE ON APPROPRIATIONS

GEORGE H. MAHON, Texas, Chairman MICHAEL J. KIRWAN, Ohio

FRANK T. BOW, Ohio JAMIE L. WHITTEN, Mississippi

CHARLES R. JONAS, North Carolina GEORGE W. ANDREWS, Alabama

ELFORD A. CEDERBERG, Michigan JOHN J. ROONEY, New York

GLENARD P. LIPSCOMB, California ROBERT L. F. SIKES, Florida

JOHN J. RHODES, Arizona OTTO E, PASSMAN, Louisiana

WILLIAM E. MINSHALL, Ohio JOE L. EVINS, Tennessee

ROBERT H. MICHEL, Illinois EDWARD P. BOLAND, Massachusetts

SILVIO O. CONTE, Massachusetts WILLIAM H. NATCHER, Kentucky

ODIN LANGEN, Minnesota DANIEL J. FLOOD, Pennsylvania

BEN REIFEL, South Dakota TOM STEED, Oklahoma

GLENN R. DAVIS, Wisconsin GEORGE E. SHIPLEY, Illinois

HOWARD W. ROBISON, New York JOHN M. SLACK, West Virginia

GARNER E. SHRIVER, Kansas JOHN J. FLYNT, JR., Georgia

JOSEPH M. McDADE, Pennsylvania NEAL SMITH, Iowa

MARK ANDREWS, North Dakota ROBERT N. GIAIMO, Connecticut

LOUIS C. WYMAN, New Hampshire JULIA BUTLER HANSEN, Washington

BURT L. TALCOTT, California CHARLES S. JOELSON, New Jersey

CHARLOTTE T. REID, Illinois JOSEPH P. ADDABBO, New York

DONALD W. RIEGLE, JR., Michigan JOHN J. McFALL, California

WENDELL WYATT, Oregon
W. R. HULL, JR., Missouri

JACK EDWARDS, Alabama
JEFFERY COHELAN, California
EDWARD J. PATTEN, New Jersey
CLARENCE D. LONG, Maryland
JOHN O. MARSH, JR., Virginia
SIDNEY R. YATES, Illinois
BOB CASEY, Texas
DAVID PRYOR, Arkansas
FRANK E, EVANS, Colorado

KENNETH SPRANKLE, Clerk and Staff Director
PAUL M. WILSON, Assistant Clerk and Staff Director

SUBCOMMITTEE ON DEPARTMENTS OF LABOR AND HEALTH, EDUCATION, AND

WELFARE AND RELATED AGENCIES

DANIEL J. FLOOD, Pennsylvania, Chairman WILLIAM H. NATCHER, Kentucky

ROBERT H. MICHEL, Illinois NEAL SMITH, Iowa

GARNER E. SHRIVER, Kansas
W. R. HULL, Jr., Missouri,

CHARLOTTE T. REID, Illinois
BOB CASEY, Texas
ROBERT M. MOYER, Staff Assistant to the Subcommittee

(11)

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

APPROPRIATIONS FOR 1970

WEDNESDAY, MAY 14, 1969.

CIVIL RIGHTS COMPLIANCE ACTIVITIES

WITNESSES

HON. JAMIE L. WHITTEN, A REPRESENTATIVE IN CONGRESS FROM

THE STATE OF MISSISSIPPI
HON. ROBERT L. SIKES, A REPRESENTATIVE IN CONGRESS FROM

THE STATE OF FLORIDA
HON. GEORGE W. ANDREWS, A REPRESENTATIVE IN CONGRESS

FROM THE STATE OF ALABAMA
HON. CHARLES R. JONAS, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF NORTH CAROLINA

Mr. Floon. Having concluded with the Government witnesses after some 3 months of hearings, we begin this morning to hear our colleagues from Congress and other interested persons with reference to the matters with which they are concerned within the jurisdiction of this subcommittee. We are especially pleased again this year to have as a spokesman the distinguished gentleman from Mississippi, Mr. Whitten, who is a ranking member of the full Committee on Appropriations and chairman of the very important Appropriations Subcommittee on the Department of Agriculture. He has appeared before us before. He is a strong and eloquent advocate of his position and always receives rapt attention from this committee.

Congressman Whitten is accompanied by the distinguished gentleman from Florida, Mr. Sikes, who has appeared with Mr. Whitten and bis associates through the years on these problems concerning them,

He is also accompanied by the distinguished gentleman from Alabama, Mr. Andrews, whose eloquence is well known, and whose appearance we welcome again.

By coincidence, Mr. Whitten, Mr. Sikes, and Mr. Andrews serve with me I should

say

I serve with them since they have been here longer than I have on the great Subcommittee on Defense Appropriations. So we are not unknown to each other or to the House in

D

these matters.

As well, there is the distinguished gentleman from North Carolina, Mr. Jonas, who has appeared before with the colleagues mentioned abore on this subject and who frequently represents the minority in the full Committee on Appropriations and on the floor as the ranking minority Member.

We are pleased again, Mr. Whitten, to have you make your presentation.

(1)

STATEMENT OF HON. JAMIE L. WHITTEN

Mr. WHITTEN. Thank you, Mr. Chairman.

There are numerous others that wish to be here and may show up, but all of them are busy, as you know, and many of them are unable to come. However, they are vitally interested in this problem.

I would like to preface my remarks by what may seem to be a little bit beyond the immediate problem.

We have had a wonderful country through our history, and it goes back to the Constitution, with which the chairman is thoroughly familiar, as well as the members of the subcommittee. Right now is a time when we are seeing our colleges just torn asunder and we are seeing law and order go by the boards.

Burglary, larceny, vicious assaults are regular occurrences. From my own residence there was hauled off three carloads of personal property, about the middle of November last year. I learned from talking to the police department here there are numerous places in town where, if you drop the word you are interested in buying a new television set or almost anything else, on a half-price basis, within 10 days someone will show up at your house with what you "ordered.” The condition prevails over much of the United States and is bound to be disturbing.

The point I wish to talk to you about today is related to this disregard for the protection of life and property which appears in many court decisions. I would like to digress a minute to point out some of the reasons for such a condition to exist.

As we all know, and for the record and only to reminisce, the Constitution provides for three separate equal and divisions of Government. The legislative, the people's branch, is the first one provided for, and much more space is given to that than to all of the others, and it is the only branch that has the power to punish the other two.

Next is the executive department, which has its powers listed. And last is the judiciary.

Alexander Hamilton, who described the Federal Government, and who was in probably as good a position as anybody to do so, used these words in the Federalist:

The Executive not only dispenses the honor, but holds the sword of the community.

In other words, it makes the appointments and has all the power.

The Legislative not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated.

The Judiciary, to the contrary, has no influence over either the sword or the purse and can take no active resolution whatever.

Yet we as the legislative body and the executive body have stood by and let the Supreme Court and judicial branch, which has no power to pay itself and no power to enforce its decrees except with support of the executive branch, take over.

To review for the record on this breakdown of law enforcement, it started off with what seemed relatively minor things. The Court said it did not really damage anything for somebody to sit down in your place of business and get in your way and keep you from using the property, but any lawyer who studies the matter is bound to see that

« PreviousContinue »