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Mr. O'KONSKI. Mr. Speaker, I have a live pair with the gentleman from Minnesota [Mr. OLSON]. If he were present he would have voted "yea." I voted "nay." I withdraw my vote and vote "present."

Mr. GROSS. Reserving the right to object, Mr. Speaker, may I ask the gentleman if there is a rule on the Peace Corps bill?

Mr. ALBERT. It is my understanding that a rule has been applied for.

Of

The result of the vote was announced course, any announcement I have made as above recorded.

A motion to reconsider was laid on the table.

GENERAL LEAVE TO EXTEND

REMARKS

Mr. MILLS. Mr. Speaker, I ask unanimous consent that those Members participating in general debate on the bill just passed be permitted to revise and extend their remarks and include certain extraneous material, including tables, and so forth.

The SPEAKER. Is there objection to the request of the gentleman from Arkansas?

There was no objection.

Mr. MILLS. Mr. Speaker, I ask unanimous consent that all Members desiring to do so may have 5 legislative days in which to extend their remarks on the bill just passed.

The SPEAKER. Is there objection to the request of the gentleman from Arkansas?

There was no objection.

LEGISLATIVE PROGRAM FOR WEEK OF NOVEMBER 11, 1963

Mr. REIFEL. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

The SPEAKER. Is there objection to the request of the gentleman from

South Dakota?

There was no objection.

Mr. REIFEL. Mr. Speaker, I take this time to inquire of the majority leader if he can tell us the program for next week. Mr. ALBERT. Mr. Speaker, will the acting minority leader yield?

Mr. REIFEL. I yield.

Mr. ALBERT. In response to the inquiry of the gentleman, the House will meet tomorrow, but only such business as may be transacted by unanimous consent will be in order.

There will be no session on Monday, and there will be no legislative business on Tuesday.

On Wednesday the bill H.R. 9009, to amend further the Peace Corps Act, as amended, will be considered.

For Thursday and the balance of the week, H.R. 8864, the International Coffee Agreement Act of 1963.

This announcement, of course, is made subject to the usual reservation that any further program may be announced later, and that conference reports may be brought up at any time.

CALENDAR WEDNESDAY BUSINESS

Mr. ALBERT. Mr. Speaker, I ask unanimous consent that the business in order under the Calendar Wednesday rule may be dispensed with on Wednesday next.

The SPEAKER. Is there objection to the request of the gentleman from Oklahoma?

CIX-1348

is subject to a rule's being granted.

Mr. GROSS. I am glad to have that explanation, because it is my understanding that there has been no rule granted for the Peace Corps bill, which would practically double the appropriation over last year.

May I ask the gentleman this question: What has happened to another bill where the authorization for appropriation sought is almost double that of last year, the disarmament bill, socalled?

Mr. ALBERT. I would advise the I would advise the gentleman that as soon as the distinguished chairman of the Committee on Foreign Affairs requests that we program that matter, the leadership will endeavor to do so. I would say it would be programed within the week following next week.

Mr. GROSS. What is holding up con

sideration of this bill? It was scheduled for this week.

Mr. ALBERT. It was put off only because the House was in extended session yesterday and we decided to put it over until a later date.

Mr. GROSS. What would be wrong with taking that bill up tomorrow and getting some of this business out of the way?

Mr. ALBERT. The leadership always endeavors to cooperate with the chairmen of committees on these matters. I will advise the gentleman that there will be no difficulty in programing and, I hope, disposing of that matter in due

course.

Mr. GROSS. I would hope in the light of the way this session has moved light of the way this session has moved that we are not going to come up to

about December 20 with the House sessions running into the bowels of the night, and otherwise going through the night, and otherwise going through the procedure that usually occurs during the procedure that usually occurs during the closing days of a session. I hope that is not going to happen this year in view of the foot dragging that is taking place. Mr. ALBERT. I share the gentleman's hope.

Mr. GROSS. Well, can the gentleman give us any assurance that we are not going to wind up from about the 10th to the 20th of December with legislation being rammed down our throats? Mr. ALBERT. Mr. Speaker, will the gentleman yield?

Mr. GROSS. Yes, of course I yield. Mr. ALBERT. The gentleman has been asking me this question about Christmas or New Years for about 4 months.

When the gentleman first made those inquiries I thought he was being facetious, but I think he was being prophetic. I think the gentleman sees things that I cannot see. The gentleman reminds me of Roland Young's little ditty on the flea:

"And there's the happy bounding flea.
You cannot tell the she from he.
The sexes look alike you see.
But he can tell, and so can she."

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MIDTOWN PLAZA-NO FEDERAL
FUNDS

Mr. HORTON. Mr. Speaker, I ask unanimous consent to address the House for 1 minute.

The SPEAKER. Is there objection to the request of the gentleman from New York?

There was no objection.

Mr. HORTON. Mr. Speaker, in the heart of downtown Rochester, N.Y., in the 36th Congressional District, which it is my honor to represent in Congress, there is a unique attraction. It is Midtown Plaza, a multimillion-dollar shopping center which has brought my home community nationwide attention.

In the 18 months since Midtown Plaza

opened its doors on the only urban shopping complex in the United States developed with private funds, delegations from every major American city have visited Rochester to inspect Midtown Plaza. These representatives of mercantile and civil interests never fail to express their amazement that such a monumental undertaking could be completed without financial assistance from the Federal Government.

Mr. Speaker, I was a member of the Rochester City Council at the time this downtown shopping plaza was first publicly proposed. In this capacity, I lived through an exciting era wherein a municipal government was caught up in the enthusiasm and promise of dramatic private development.

Our city council resolved to participate in providing the municipal services which would buttress the efforts being put forth by Midtown Plaza's developers. We undertook the building of a threelevel underground parking garage on land the developers made available to the city. We improved street patterns so that vehicular and pedestrian traffic could move swiftly and smoothly into this shopping complex.

It was a case of a municipality tremendously impressed with the desire of private enterprise to renew a large area of the central business district. The city government became a partner in the project, to the ultimate benefit of all city residents through a broadened tax base, an energized economy, and a more attractive community.

Now, I find myself again occupied with the question of urban redevelopment as a member of the House District of Columbia Committee. Developers are intent on modernizing the central business district of the Capital City and are looking for Federal help both in acquiring

and clearing the land areas for these Plaza, the Nation's most spectacular centerprojects. city revival project.

We must recognize that these fundamental steps are frought with difficulties. Often, the only means available for securing land is the right of eminent domain. While private developers in Rochester did not have to use government's power of condemnation to gain the needed land for Midtown Plaza, Washington does not appear to be in a similar position.

What is more important than the selection of a method to obtain land on which to build the structures that are the framework of downtown renewal is the necessity of accomplishment. In recent years, we have witnessed the erosion of many urban centers and the consequent devaluation of the real worth of large cities. This tragic trend must be reversed and the core of our cities preserved.

Accomplishment of this goal lies in private enterprise recognizing the inherent value of community centers and moving to implement this recognition. If governments are to protect their allied interests, they have a duty to seek the kind of partnership which the last year and a half has seen bear fruit in Rochester.

Whether through urban renewal assistance or other programs, we in government can help to preserve Washington and the other cities of America. I am hopeful that we will act forthrightly in providing this help.

For

Certainly, every such project should be decided on its own merits. Because one community takes a particular approach should not necessarily dictate that every other follow suit. Yet, the examples of success which exist in situations like Rochester's can be illuminating. this reason, I take pleasure in calling the attention of my colleagues to a most comprehensive piece of journalism from Sunday, the weekly news magazine of the Washington Star. In the November 3 issue, there is a cover story on Midtown Plaza that I believe will be of great interest to all who are concerned with maintaining dynamic urban centers: A NEW DOWNTOWN: ROCHESTER'S LIVELY, POPULAR MIDTOWN PLAZA, "A TOWN UNDER GLASS," COULD BE A SPECTACULAR EXAMPLE FOR RENEWAL IN DOWNTOWN WASHINGTON (By Robert J. Lewis)

The message of Rochester's prestigious new midtown transformation is of special interest to downtown Washington, where vast improvements are proposed for both public and private sponsorship. Proposals for Pennsylvania Avenue redevelopment, and for urban-renewal treatment of the downtown business district, presage far-reaching changes incorporating a variety of enlivening steps akin to those taken so far in Rochester without Federal aid. A measure pending in Congress would authorize use of Federal renewal funds in Washington's central core, a step deemed essential by merchants here to upgrade the business district.

Rolling into Rochester from the airport, the cab driver tells you: "It brought the city back to life. Yeah, it saved the downtown. They got that underground parking and you drive right into it. You'll see it in a minute. See there, up ahead. See it stick up in the air * * *." Jutting in the distance is a shining office tower, symbol of Midtown

On the spot a half hour later, jostled by a swarm of frenzied shoppers, you begin to share the cabbie's enthusiasm. This city of 320,000 in upstate New York has created something no other downtown possesses anywhere in the world -a "town square" under glass, a focal point leading to more than 40 air-conditioned acres of floor area. In the square are two big department stores, 30 retail shops, 13 floors of office space, the city's busiest post office branch, a 78-room hotel (perched on four floors atop the office building), an auditorium, a sidewalk cafe, a floating restaurant-bar with a 10-mile view, a central bus terminal, and underground parking for 1,843 cars.

In the year and a half since this $35 million magnet of commercial excitement was unveiled, Rochester has made a discovery of interest to Washington and every other city aiming at downtown renewal: Give the people convenient in-town transportation; a place to hide their cars; exciting new things to look at; an open place to assemble, meet, sit and stroll about; ways to combine shopping and pleasure-plus all the acknowl

edged advantages of downtown diversityand they'll come in droves, stay for hours, buy like mad, and go back to their suburban homes reluctantly.

The most amazing fact about this humming new center is that it went ahead without a penny of Federal aid.

Key to the beginning of the 8-acre transformation smack in Rochester's counterpart of Washington's 14th and F Streets was a decision by the city in 1958 to spend $12 million mostly on public improvements it intended to carry out even before Midtown was proposed. This money went to finance the three-level public parking garage beneath the plaza, partially close two narrow streets, and extend another street to channel in more traffic. The improvements were designed to attract private investment.

With this expenditure agreed to, the owners of two big Rochester enterprises-McCurdy's, a department store, and Forman's, a ladies specialty shop-formed a development corporation, assembled 17 parcels of land at a cost of about $5 million, and told architect Victor Gruen to do his ingenious best.

Fresh from designing changes for downtown Fort Worth that never got beyond the blueprint stage, the Viennese-born architect proposed a modern version of the traditional European town square to enliven downtown Rochester. The square, naturally lighted and air conditioned, would be the center piece, with ground- and balcony-level stores fronting on it. Three similarly airconditioned arcades radiating from the plaza also would have stores. Ground rights for the parking garage were to be leased to the city for $1 a year.

The site picked for the town square was behind the two big stores. Mr. Gruen proposed to remodel and enlarge the existing two stores, open their rear to the glassed-in plaza and fill in the spaces on all four sides with buildings for competing specialty shops, among them an airline ticket office, a barber shop, a realty firm, a travel agency and a beauty shop. A bank was also planned.

Placing an 18-story hotel-and-office building at one end of the enclosed plaza and a smaller office building at another end-and linking the whole complex with elevators, stairways, pedestrian arcades and escalators to the below-ground parking-was all part of the scheme to attract big crowds and keep them there, inside, out of the weather, and shopping to their heart's content.

That's exactly what happened. Now, as you stroll inside Midtown Plaza, the place is crowded, day and night. Some stores, including McCurdy's, stay open from 9:30 a.m. to 9 p.m., but even after closing time, people

cluster in the plaza, sitting on benches, talking, reading, as people have done in town squares for centuries. Lights stay bright, doors remain open, and escalators keep running to below-ground parking all night long.

"Public acceptance has been simply amazing," Gilbert J. C. McCurdy says. He is 68, a Phi Beta Kappa graduate of Williams College, and heads the department store founded by his father in 1901. It was his initiative that led to forming the Midtown Plaza development firm, which he serves as president.

Mr. McCurdy's move to improve downtown Rochester came only after his department store had taken the defensive step of opening a suburban branch a decade ago.

"We had a number of friends in the branch business and we thought we would build one and see what happened," he says. "Our suburban branch was very profitable. But we soon discovered it's impractical to build branches of sufficient size to represent a store like ours. So we determined our next move would be to do our utmost to make downtown more attractive than any suburban shopping center could be."

Mr. McCurdy carefully emphasizes the Midtown Plaza project was designed with all downtown Rochester in mind. (His firm and the Forman company are 50-50 partners in the venture.)

Other storekeepers largely agree that whatever helps Rochester's central core should help them, too. But there is no qustion that some downtown merchants have been put at a competitive disadvantage by the shiny new Midtown development, with its own captive audience arriving effortlessly by escalator, hour after hour, from the subterranean three-level parking garage.

Yet Sibley's and Edwards'-Rochester's other big department stores-also benefit from large, above-ground municipal parking garages, completed before Midtown Plaza was started. And, unquestionably, some shoppers park at Midtown primarily to visit other nearby shops and stores in Rochester's comBut Vicki Newton, 22, a pact downtown. junior at the University of Rochester, is not one of these.

"I used to go down one side of Main Street and up the other," she tells you. "Now I shop in Midtown all the time, constantly. And in the wintertime it's marvelous. I never go outside except to Sibley's." (Sibley's, across Main Street from Midtown, is upstate New York's largest department store.)

Older shoppers, too, are entranced. "My grandmother loves it," one youngster said. "She likes to sit and watch the people, and says to me: 'You run and do something and I'll sit here and look at the flowers.'" Alfred (Alfie) Valentine, 76, a retired music teacher, likes to visit Midtown once a week to meet up with friends. "This place was a Godsend to old people," he says. "Now they come here and see everything."

Far from worrying over the center's nonshopping attractions for older persons, Angelo Chiarella, a youthful architect who is Midtown's general manager, likes it that way. "Some do sit on the benches a long time," he says. "But we figure if they like what's going on here we must have struck just the human note that cities need."

One of the town square's attractions is its clean-lined architecture. Another is the sunlight flooding in from 12-foot-high clerestory windows surrounding the 60-foot-high ceiling. A third is the ever-changing throng of dressed-to-kill Rochesterians so obviously enjoying themselves. ("Ogling pretty girls is also a pastime," suggests an official of the Rochester Planning Commission.) But by far the most fascinating of the plaza's allurements is the Clock of the Nations-an artful $35,000 creation in the center of the square. It stops all traffic every hour and half-hour as it put on a puppet show to the tempo of

folk-dancing tunes of a dozen foreign

nations.

"That clock gave the best value per dollar spent on anything," says General Manager Chiarella. The Gruen architects had it specifically made in Beverly Hills after unsuccessfully searching through Europe for someone to do the job.

Midtown Plaza's big lesson for cities seems to be that downtown business districts need enlivenment, however it is done. It demonstrates the importance of separating automobile traffic from pedestrian traffic (special underground ramps and surface loading docks are provided for delivery trucks serving stores). It points out quick, easy means of transportation to shopping areas are needed (a subway station, for example, could complement on-site parking).

In Rochester, an argument ensued as to how best to meet the changing downtown needs of cities. Mr. McCurly, who operated this notable project during the tenure would have been impossible under Federal renewal_procedures. The city's new mayor, Henry E. Gillette, a Democrat, fought the project in its planning stages, now concedes: "It does make Rochester more attractive." But he quickly adds:

"It's very unlikely any other city will attack the problem in this same manner because of the insufficiency of city funds. Cities will have to resort to the Federal urban renewal concept, using Federal, State and

municipal money."

However that argument is settled, the people of Rochester are sure of one thing. They like Midtown Plaza. It makes the city more

lively. As Mrs. Rae Ojalvo, a Rochester housewife, says: "It's something wonderful. It's beautiful. It's a meeting place for everyone."

Mr. Speaker, I feel that a special tribute to the memory of one of the four men who had the vision of Midtown Plaza and accomplished its fulfillment is in order at this point. I refer to the late Frederick S. Forman.

With his brother, Maurice, and two fellow merchants, Gilbert J. C. and Gordon W. McCurdy, Mr. Forman was instrumental in the creation and completion of this downtown shopping center that has become a national showcase. His knowledge of economics, his acumen in real estate, and his belief in Rochester were all significant factors in giving Rochester its downtown revitalization.

Mr. Forman suffered a fatal heart attack on September 29 at the age of 57. His sudden passing left-what one Rochester newspaper editorial aptly called "an immense civic void."

This man of many talents was an attorney and senior vice president of the B. Forman Co., Inc. Mr. Forman was known as a humanitarian throughout the world for his efforts in behalf of the United Jewish Appeal and his work in creating and supporting the State of Israel.

Through Midtown Plaza and other purposeful activities in commercial life, Mr. Forman has left Rochester a legacy of abiding trust in individual initiative. He knew the inherent worth of free enterprise and devoted his energies to making it produce tangible benefits for hundreds of thousands of his fellow citizens.

Mr. Speaker, our country has been enriched by men like Fred Forman. They have preserved the self-starting character which gives our way of life its

highest distinction. In their lives, we find convincing proof that freemen left to pursue their own goals will accomplish far more than all the combined efforts of a regimented bureaucracy.

GREAT NEW ERA IN SCIENCE AND TECHNOLOGY IN OUR NATION

Mr. MILLER of California. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD.

The SPEAKER. Is there objection to the request of the gentleman from California?

There was no objection.

Mr. MILLER of California. Mr. Speaker, for the past 2 days the Subcommittee on Science, Research and Development of the Committee on Science and Astronautics has been conducting a series of meetings with leading scientists of our country. These meetings, conducted without fanfare and ostentation, could very well be the beginnings of a great new era in science and technology in our

Nation.

Of late, we in the House have become deeply concerned with the state of scientific research and development presently going on, the Federal funds we are expending for this activity, and especially with the significant effect these activities are having and will have upon our society.

We have seen the formation, for example, of the Elliott select committee. This is a manifestation of that concern. The fact that the Subcommittee on Science, Research and Development, chaired by the gentleman from Connecticut [Mr. DADDARIO] is functioning in my committee is perhaps an even greater manifestation of that concern and acceptance of responsibility to find solutions to the problems I have just outlined.

Hence we have sought, in the early stages of our subcommittee activity, the counsel and ideas and wisdom of the finest scientific minds available. Let me list for you the men who have been with us these 2 days:

Mr. Martin Goland, Southwest Research Institute.

Dr. Wernher von Braun, Director, George C. Marshall Space Flight Center, National Aeronautics and Space Administration.

Dr. Fred L. Whipple, Smithsonian Observatory.

Dr. Jerome B. Wiesner, Director, Office of Science and Technology.

I cannot overemphasize the work of the Daddario Subcommittee in the effect

it will have on the future progress of the

United States, progress not only in science but also in the proper relationship of science and technology to our entire society. The members of the subcommittee are assuming a very weighty responsibility because, I believe, results of the subcommittee work will set the

framework for science and technology in relation to the overall resources that we have to guide ourselves in the difficult years that lie ahead of us.

con

Yesterday the subcommittee cluded its meeting with the scientists in a closed session where the members and scientists got down to plain talking. It was a session in which the scientific facts of life as they pertain to us were laid out for examination with the utmost candor. Unfortunately, while they were meeting, the vote on the bill for higher education facilities was held but the call of the House was not transmitted to certain members and they were unable, there

fore, to register their vote. These members were the gentleman from Connecticut [Mr. DADDARIO], the gentleman from Georgia [Mr. DAVIS], the gentleman from New Jersey [Mr. PATTEN], the gentleman from Pennsylvania [Mr. FULTON], the gentleman from New York [Mr. RIEHLMAN], and the gentleman from Ohio [Mr. MOSHER].

The importance of progress in scientific research and technology to world peace and our security cannot be overstated. That progress is entirely dependent upon how we organize our scientific resources and talents to attack the pressing problems that are meaningful to us today and the future generations. The things that scientists must be organized to do in relationship to our whole society must be determined by circumstances and facts that are soundly grounded in reality and not in superficial expediency. These things we must do for our own reasons and not at the dictation of offhand remarks of Khrushchev and his henchmen. It would be folly to allow, for instance, Khrushchev's implication that the Soviet Union is not going to put a man on the moon to modify to any degree the great scientific effort that Dr. W. Albert Noyes, Jr., University of we are putting into our manned lunar Texas. program.

Dr. Leland J. Haworth, Director, National Science Foundation.

Dr. James R. Killian, chairman of the corporation, Massachusetts Institute of Technology.

Dr. George B. Kistiakowsky, Harvard University, and chairman, Committee on Science and Public Policy.

Dr. Thomas F. Malone, Travelers Insurance Cos.

Dr. Roger Revelle, University of California.

As a matter of fact, Khrushchev did not say they were not going to the moon.

Dr. Richard J. Russell, Louisiana He admitted yesterday that his remarks Coastal Studies Institute.

Dr. Frederick Seitz, University of Illinois and President, National Academy of Sciences.

Dr. S. Fred Singer, University of Maryland and Director, National Weather Satellite Center.

Dr. H. Guy Stever, Massachusetts Institute of Technology.

were completely misinterpreted. Yet I have only to remind you of the effect of his statement only a few days ago and the confusion that resulted. It is a bit frustrating to me that we are so responsive to what other people say and think of us and what we do.

We must depend upon wise leadership and realistic thinking, both in the scienDr. Alan M. Thorndike, Brookhaven tific community and in the political National Laboratory.

arena so that whatever we decide to do

in science and technology and the resources that we must marshal to do those things will not be done in vain. We cannot afford to waste our substance; we cannot afford to make serious mistakes. Time is against us, and the times for decision are with us now. It rests with us in Congress to seek the best advice and counsel that we can find to make sure that science and technology is our servant and not our master.

MAXIMUM WORKWEEK

Mr. ROOSEVELT. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD following the legislative business of the day.

The SPEAKER. Is there objection to the request of the gentleman from California?

There was no objection.

Mr. ROOSEVELT. Mr. Speaker, today I am introducing a bill to reduce the maximum workweek under the Fair Labor Standards Act of 1938, as amended, to 35 hours, and for other purposes.

Many of my colleagues may recall that I sponsored such a measure in the 87th Congress, but when reviewing the matter at the commencement of the 88th, I decided to withhold introduction of such a proposal. In this interim period I have watched closely and with much concern the stability of the unemployment figures as reported by the Department of Labor periodically. It was my hope that an accelerated economy would require an ever-increasing work force, and thus gradually reduce the unemployment rate to an acceptable, even though not desirable, figure.

Unfortunately, my hopes in this regard have now been diminished to the point where I believe more affirmative action is necessary. I recognize that passage of H.R. 8363, the tax reduction bill, is expected to create an immediate and sustained stimulus in this area. However, progress toward enactment seems to be slow, and, in any event, I am not completely convinced that even this major action will accomplish entirely the desired end result.

Although I do not necessarily anticipate immediate legislative action, the bill itself provides a basis for a thorough investigation by the general Subcommittee on Labor when it considers amendments in general to the Fair Labor Standards Act of 1938.

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of Justice that an FBI agent had rented a car from the Hertz Co. in Birmingham and had used that car to transport the Reverend Martin Luther King all over the State of Alabama. Several Members of our delegation called that fact to the attention of the Justice Department and we received this letter signed by Burke Marshall on October 29 which contains the following sentence:

Of course, any effort at all by Sheriff Clark or Governor Wallace to ascertain the true facts would have made these false reports unnecessary in the first place.

The letter then refers to a statement issued by them on the 18th of October as follows:

The reports that automobiles rented by the Department of Justice were used to furnish transportation for Rev. Martin Luther King in Alabama are either a gross mistake or a deliberate attempt to mislead the people of Alabama.

In conclusion, he says:

It is obvious from these facts that neither the Chevrolet nor the Ford, nor any other car rented by the Department of Justice, was used to transport Reverend King. The reports to the contrary are false. Any efforts to ascertain the truth would have revealed these facts.

Now we find that their own attorney lied to them. I say that such things as this causes people not only to lose faith in the ability of the Attorney General's office, but in the integrity of that office.

Mr. Speaker, the letters below speak for themselves. I am extremely disappointed that the Department of Justice

does not have better control over its employees and their activities. The Justice Department by its very nature should reflect the highest practices and ideals of justice. But the actions that prompted the following correspondence is neither right, fair, nor just.

Hon. ROBERT F. KENNEDY,
Attorney General,
Department of Justice,
Washington, D.C.

OCTOBER 19, 1963.

DEAR MR. KENNEDY: My office has been

deluged with letters, telegrams, telephone calls and personal visits, all deploring action taken by the Justice Department to rent automobiles for use in transporting Martin Luther King to various parts in Alabama.

As taxpayers, they object to the Government using money to transport an out-ofState agitator and a racial troublemaker into and within the State of Alabama.

The people of Alabama feel very strongly about this, and I, as a Representative of the State-at-large, cannot imagine anything more distasteful than for our Government to use the taxpayers' money in this way. I join with my constituents in deploring this action as vehemently as possible.

Please furnish me with an explanation as soon as possible.

Very truly yours,

GEORGE ANDREWS.

DEPARTMENT OF JUSTICE,
Washington, October 29, 1963.

Hon. GEORGE ANDREWS,
U.S. House of Representatives,
Washington, D.C.

DEAR CONGRESSMAN: The Attorney General has asked me to reply to your letter of October 19, concerning reports that vehicles rented by the Department of Justice were used to transport Rev. Martin Luther King, Jr., around Alabama. On the 18th of Octo

I

ber we issued the following statement. think that it will completely answer your inquiry. Of course, any effort at all by Sheriff Clark or Governor Wallace to ascertain the true facts would have made these false reports unnecessary in the first place.

The reports that automobiles rented by the Department of Justice were used to furnish transportation for Rev. Martin Luther King, in Alabama, are either a gross mistake or a deliberate attempt to mislead the people of Alabama.

We are setting forth all the facts so that there can be no misunderstanding although we issued a complete denial on Wednesday.

Attorneys for the Department of Justice on duty in Alabama and elsewhere in the United States frequently rent automobiles. In recent weeks, Department attorneys have rented two automobiles in Alabama-one a 1963 blue Chevrolet Impala and the other a 1964 white Ford Galaxie.

It has been reported that the 1963 Chevrolet was used to take Reverend King from Birmingham to Selma on October 15. This car had been rented by Kenneth McIntyre, a Department attorney, but was being used by Thelton Henderson, another Justice Department attorney.

At about 5:15 p.m. on October 15, Mr. Henderson went to the Gaston Motel to interview Reverend King at the specific direction of the Department of Justice. At that time Dr. King was at a meeting at the Gaston Motel. When Dr. King came out of the meeting, Mr. Henderson asked to speak to him. Dr. King replied that he was late and had to go immediately to the New Pilgrim Church in Birmingham. Henderson offered to drive him there if he could interview him on the way and Dr. King agreed. Henderson left the Gaston Motel at 5:30 p.m. and let Dr. King off at the New Pilgrim Church

at 5:40 p.m. Henderson then returned to the Gaston Motel. The Chevrolet never left

Birmingham that night.

We have learned that Reverend King was driven to Selma in a Chevrolet similar to the one rented by the Department of Justice. However, it was a privately owned vehicle and was not the one used by Mr. Henderson.

It has been reported that later on October 15, Reverend King was driven from Selma to Montgomery in the 1964 Ford which also was rented by Mr. McIntyre. Mr. McIntyre rented the Ford in Montgomery, at 8:41 p.m., on October 15 and drove to Craig Air Force Base near Selma, checking into the base at 9:35 p.m. Thereafter, neither Mr. McIntyre nor the Ford left Craig Air Force Base that night. Mr. McIntyre does not know Reverend King and has never met him. The Ford remained overnight in Selma and the following morning, John Doar, First Assistant Attorney General in charge of the Civil Rights Division, drove the Ford to Tuskegee and then back to Montgomery. We have been informed that Reverend King drove from Selma to Montgomery in a privately owned Cadillac.

It is obvious from these facts that neither the Chevrolet nor the Ford, nor any other car rented by the Department of Justice, was used to transport Reverend King. The reports to the contrary are false. Any efforts

to ascertain the truth would have revealed these facts.

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used to transport Rev. Martin Luther King around Alabama was in part inaccurate.

The enclosed statement corrects the inaccurate information which I earlier furnished you.

The Department is issuing a statement to this effect today. If you have any further inquiries about this matter, I would be happy to answer them for you.

Very truly yours,

BURKE MARSHALL, Assistant Attorney Attorney General, General, Civil Rights Division.

Reports were published in Alabama last month that automobiles rented by the Department of Justice were used to transport Rev. Martin Luther King from Birmingham to Selma on the evening of October 15.

The Department of Justice issued a statement on October 18 asserting that no automobiles rented by the Department of Justice had been used to drive Reverend King either from Birmingham to Selma or from Selma to Montgomery.

No car rented by the Department was used to drive Reverend King from Selma to Montgomery. However, a car rented by the Department and being used by a Department lawyer was loaned to a private citizen who subsequently drove Reverend King from Birmingham to Selma on October 15.

During that time, the attorney, Thelton Henderson, remained in Birmingham. Nevertheless, the use of the car for unofficial business was contrary to Department of Justice regulations. It was also contrary to a statement which Mr. Henderson originally gave to the Department of Justice. Mr. Henderson came forward last night and voluntarily has submitted his resignation to the Department and it has been accepted.

gave a correct account of what occurred. He

The Department regrets very much that its earlier statement as to the use of a car rented by the Department in connection with Reverend King's transportation from Birmingham to Selma was based on misinformation and, therefore, erroneous.

[From the Washington Post, Nov. 7, 1963] WALLACE CHARGE WAS PARTLY RIGHT-FLIPFLOP ON RENTED CAR FOR DR. KING MAKES JUSTICE DEPARTMENT BLUSH

(By James E. Clayton)

The Justice Department was covered with embarrassment and chagrin yesterday for being misled by a young attorney in its Civil Rights Division.

In a formal statement, the Department admitted that a car it had rented was used to transport Civil Rights Leader Dr. Martin Luther King, Jr., from Birmingham to Selma, Ala., on October 15.

In doing so, the Justice Department had to back down from an earlier statement denouncing Alabama Gov. George C. Wallace for claiming Dr. King had ridden in a car rented by the Government.

Wallace had made a major issue out of two trips, one from Birmingham to Selma and one from Selma to Montgomery. Wallace, who classifies Dr. King as a "racial agitator and troublemaker," called it outrageous for the Federal Government to transport him around the South.

The Justice Department had quickly denied Wallace's charges. It had said his statement was "a gross mistake or a deliberate attempt to mislead the people of Alabama." Yesterday, a spokesman for Attorney General Robert F. Kennedy admitted Wallace was partially right. Dr. King had traveled from Birmingham to Selma in a car rented by the Justice Department.

Thelton Henderson, a Negro attorney, had lent the car to a Birmingham Negro minister, Rev. Nelson H. Smith, for the trip after other plans for transporting Dr. King fell through, The spokesman said Henderson first told his superiors the car had not been used for

the trip but voluntarily retracted that statement Tuesday night. Henderson promptly resigned from the Department, it was said, and will refund the costs of the trip.

Henderson, 29, of 800 Fourth Street SW., joined the Civil Rights Division a year ago after graduating from the University of California Law School. He was considered one of that Division's most effective investigators in the South.

MILITARY AID TO YUGOSLAVIA

Mr. LIPSCOMB. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD and include a letter from the Assistant Secretary of State and an editorial.

The SPEAKER. Is there objection to the request of the gentleman from California?

There was no objection.

Mr. LIPSCOMB. Mr. Speaker, we are witnessing furious and determined atwitnessing furious and determined attempts by the administration to upgrade tempts by the administration to upgrade Tito's communism whether or not it requires a complete flouting of the will of Congress to help bring this about.

The use of foreign aid funds earlier this year to provide for the sale of military equipment to Yugoslavia, and the manner in which this activity was carried out in concealment by the administration is a good example of this policy in action. It should be a matter of utmost concern to all Americans interested in counteracting the Soviet Communist menace and in being informed with regard to the activities of government.

This transaction involves extending credit assistance to Yugoslavia for pricredit assistance to Yugoslavia for primarily military aircraft parts and parts for military vehicles. It was approved by the administration in spite of a provision adopted by Congress last year specifically designed to prohibit aid to Communist nations.

The provision is section 109 (a) of the Foreign Assistance Appropriation Act of 1963, which reads:

No assistance shall be furnished to any nation, whose government is based upon munism under the Foreign Assistance Act that theory of government known as comof 1961, as amended, for any arms, ammunition, implements of war, atomic energy materials, or any articles, materials, or supplies, such as petroleum, transportation materials of strategic value, and items of primary strategic significance used in the production of arms, ammunition, and implements of war, contained on the list maintained by the Mutual Defense Assistance Control Act of Administrator pursuant to title I of the 1951, as amended.

The administration is fully aware that in adopting that provision the Congress in adopting that provision the Congress expressed its determination that foreign aid funds should not be used to help arm or otherwise aid Tito's Communist Yugoslavia.

However, it went right ahead and decided to sell the equipment to Yugoslavia under certain waiver authority contained in the Foreign Assistance Act of 1961, as amended, which it is claimed is availprohibitions against selling to Yugoslavia able to the President to overcome the in last year's foreign aid appropriation bill. In so doing, the President had to find that such assistance is vital to the security of the United States and that

the recipient country is not controlled by the international Communist conspiracy. The administration so found on May 14, 1963.

As could be expected, the transaction was approved under a cloak of secrecy which has been rightly condemned in many quarters. The notification to Congress concerning the matter was marked "secret." A memorandum prepared for the President on the sale by the Administrator of the Agency for International Development was and still is marked "secret." No press releases were issued.

After this transaction was brought to light, I wrote to the Department of State requesting full details. A reply has been received and I believe the State Department discussion on this matter will be of interest to Members of the Congress: DEPARTMENT OF STATE,

Washington, November 4, 1963. DEAR CONGRESSMAN LIPSCOMB: I regret the delay in replying to your letter of October 11, 1963, addressed to Secretary Rusk which requested information concerning United States military aid to Yugoslavia.

The Department would like to make clear at the outset that the United States has not resumed grant military aid to Yugoslavia. The United States grant military aid program for Yugoslavia was terminated in the fiscal year 1958 and has not been resumed.

The news reports to which you refer relate to a Presidential Determination (No. 63-20) of May 14, 1963, which authorized the sale to amount not to exceed $2 million of defense Yugoslavia on cash dollar terms in an articles and services from Department of De

fense stocks for maintenance of military equipment previously obtained from the United States. These sales were made in accordance with the provisions of the Foreign Assistance Act of 1961, as amended.

The answers to your specific questions are as follows:

1. Presidential Determination No. 63-20, which authorized the aforementioned sales, was issued on May 14, 1963.

2. The chairmen of the Committees on

Appropriations and Foreign Relations of the Senate and the Speaker of the House of Representatives were supplied by the Agency for International Development with a copy of the Presidential determination by letters dated May 15, 1963. At this time the Presidential determination was classified "Secret." Subsequent thereto, the Yugoslav Government was informed of the determination, and by letters dated June 5, 1963, from the Agency for International Development the aforementioned Members of Congress were notified that the determination had been declassified. As a matter of diplomatic courtesy, this declassification was deferred until the Yugoslav Government had been formally notified of the determination. No press release regarding the determination was issued. 3. From May 14, 1963, the date of the Presidential determination, to the present date, sales in the amount of $789,721 for spare parts and training services have been made under the determination. The spare parts supplied were for vehicles, aircraft and artillery. The training and training aids supplied related to F-86D aircraft purchased in 1961.

4. The reasons for the sales made under the Presidential determination are set forth at some length in a memorandum for the President from the Administrator of the Agency for International Development dated April 18, 1963. This memorandum is classified "Secret," but copies of this memorandum were transmitted to the chairmen of the Senate committees mentioned above and to the Speaker of the House of Representatives on May 15, 1963, along with the copies of the Presidential determination.

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