PROCEEDINGS AND DEBATEs oF THE s5th CONGREss, FIRST sEssiON
Vol. 103 WASHINGTON, WEDNESDAY, JULY 31, 1957 No. 136
The Senate met at 12 o'clock meridian,
on the exph·atlon of the recess.
The Chaplain, Rev. Frederick Brown
Harris, D. D., offered the following
0 God, before whom our little span
of years is like the brief shining of a
candle, while it yet burns we would yield
our flickering torch to Thee, that in
Thine hands the flame of our lives may
be part of the light that glows ln the
Thou hast made this earth so fair and
given it to all men richly to enjoy.
Help us never to grow dull to all its wonders
nor lose the mystic luster of the
changing pageant of earth and sky and
sea. Above all, may no blighting acids
of disillusionment or cynicism blind us to
the glory of our common humanity as
the splendor of it flames in the warmth
of human fellowship, in the sacrament
of love and friendship, in the trusting
innocence of adorable children, and even
in the weak who need the buttressing of
our belief in them, and in the strong,
who give us of their strength. We thank
Thee for dauntless souls who, in spite
of persecution, postponement, and bitter
cost, have followed the gleam of brighter
and better days.
Join us to the seers and prophets of the
past who have gone ahead of the crowd
to climb the beckoning hilltops of humanity's
In the dear Redeemer's name. Amen.
On request of Mr. JOHNSON of Texas,
and by unanimous consent, the Journal
of the proceedings of Tuesday, July 30,
1957, was approved, and its reading was
MESSAGES FROM THE PRESIDENTAPPROVAL
Messages in writing from the President
of the United States were communicated
to the Senate by Mr. Trlbbe,
one of his secretaries, and he announced
that the President had approved and
signed the following acts:
(Legislative day of Monday, July 8, 1957)
On July 24. 1957:
S. 44. An act to authorize the Secretary
or Agriculture to exchange certain landS In
the State of New Mexico;
S. 977. An act to suspend and to modify
the application or the excess land provisions
ot the Federal reclamation laws to lands In
the East Bench unit or the Missouri River
S. 1361. An act to revive and reenact the
act entitled "An act au thorlzlng the Department
of Highways o! the State or Minnesota
to construct, maintain, and operate
a bridge across the Pigeon River";
S. 2212. An act to amend the North Pacific
Fisheries Act or 1954;
S. 2250. An act to amend the act of August
5. 1955, authorizing the construction or two
surveying ships for the Coast and Geodetic
Survey, Department of Commerce, and tor
other purposes; and
S. 2420. An act to extend the authority tor
the enlistment of aliens In the Regular Army,
and !or other purposes.
On July 26. 1!157:
S. 18. An act tor the relief of Alessandro
S. 80. An act for the relief ot Marla Adelaide
S. 164. An act !or the relief ot John G.
s. 249. An act !or the relief or Theodore
S. 250. An act tor the relief ot Kyu Yawp
Lee and his wife. Hyung Sook Lee:
S. 251. An act for the relief o! Edith Elisabeth
S. 255. An act !or the relle! or Fumlko
S. 256. Au act tor the relief ot Arlstea.
S. 284. An act !or the relief of Mlyako
S. 303. An act tor the relle! o! Gaetano
S. 307. An act tor the relief or Noeml
Marla. VIda Williams and Marla Loretta VIda;
S. 308. An act !or the relief ot Marla Caceomo;
S. 368. An act for the relict ot Jose Me<
11na-Chavez (Joe Medina):
S. 526. An act !or the rellet o! Tlkva Polsky:
S. 530. An act !or the relle! or Shun Wen
Lung (also known as Van Long and Van s .
S. 560. An act tor the rellet ot Alec Ernest
S. 583. An act tor the relief ot Stanlslav
S. 592. An act tor the rellet ot Anton
S. 615. An act tor the rellet or Josephine
S. 622. An act tor the relief ot Georgina
S. 629. An act tor the relief ot John
S. 653. An act !or the rellet ot Mrs. Elsbe
Hermine van Dam Hurst;
S. 767. An act tor the relief o; Christo Pan
Lycouras Mauroyenls ( Ma urogenls);
S. 785. An act !or the relief or Helga
S. 788. An act for the relle! ot Thelma
S. 804. An act tor the relle! ot Georglos D.
S. 908. An act tor the relief or Kuo York -
s. 973. An act tor the rellet or Yun Wha
s. 987. An act tor the rellet ot Leonardo
S. 1083. An act !or the relief of Marla
S. 1192. An act !or the relief ot Irma B.
S. 1360. An act !or the relle! of Mrs. Geraldine
S. 1376. An act tor the relief ot Chong You
How (also known as Edward Charles Yee) ,
his wl!e, Eng La! Fong, and his child, Chong
S. 1566. An act for the relle! or Arthur
Sew Sang, Kce Yin Sew Wong. Sew Ing Lin,
Sew lng Quay, and Sew Ing You;
S. 1581. An act tor the relief ot Sheu She!
Lan and Chow Shong Yep; and
S. 1833. An act for the relief or Janos
EXECUTIVE MESSAGE REFERRED
As in executive session,
The PRESIDENT pro tempore laid
before the senate a message from the
President of the United States submitting
sundry nominations, which were
referred to the Committee on Armed
THE JURY-TRIAL AMENDMENT TO
THE CIVIL RIGHTS BILL
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that at the conclusion
of my brief remarks, there may
be inserted ln the RECORD a statement
Mike Mansfield Papers, Series 21, Box 39, Folder 5, Mansfield Library, University of Montana
11868 CONGRESSIONAL RECORD- SENATE July 81
by one of the greatest constitutional
lawyers and one of the greatest Senators
this country has ever produced. the late
Senator Thomas J. Walsh, of Montana,
setting forth his position on jury trials;
and also an article relative to the jurytrial
amendment, as published in the
New York Times of Sunday, July 28.
The PRESIDENT pro tempore. Without
obje<:tion, It is so ordered.
csee exhibit A.>
Mr. MANSFIELD. Mr. President. of
late, there has been considerable discussion
of the so-called O'MahoneyKefauver-
Church amendment. A good
deal of that discussion has centered
around the possible fate of those who
might continue to disobey court orders.
There has been a general assumption
that a court Is helpless-without a jury
trial-Once election day has passed. I
am informed by competent legal scholars
that this assumption is simply not
In United States v. Mine Workers C330
U. s. 258>. at page 302, Chief Justice
Vinson stated :
Sentences tor criminal contempt are punitive
In their nature and are Imposed tor the
purpose ot vindicating the authority ot the
court. Gompers v. Bucks St~We cf:. Range Co.
supra at 441. The Interests of orderly government
demand that respect and compliance
be gl ven to orders Issued by courts possessed
ot jurisdiction ot persons and subject
matter. One wbo defies the publiC
authority and wilfully refuses his obedience,
does so at his peril.
Judicial sanctions In civil contempt proceedings
may. In a proper case, be employed
for either or both of two purposes: to coerce
the defendant Into compliance with the
court's order, and to compensate the complainant
tor losses sustained. Gompers v.
Bucks Stove & Range Co., supra, at 448, 449.
Mr. Presicent. this is plain English.
It says to me that one who violates the
order of a court is subject to the full
authority of the court to compel compliance.
And if the power of the court to compel
compliance by a certain date-election
day, for example-fails, the court
can award damages to those who have
sustained a loss. This would apply to a.
vote, as well as to any other Joss. And
all of this happens before the case gets
anywhere near a jury.
Mr. President, it seems to me that we
are debating a clear and simple issue.
Under the O'Mahoney-Kefauver-Church
amendment the courts would have full
powers-short of the thumbscrew-to
compel compliance with an order.
The one thing a court could not do
would be to publicly brand a man as
a criminal, without a jury trial.
It is my understanding that the
is an attempt to draw a clear distinction
between civil and criminal contempt;
to give a judge some latitude in
deciding which remedy should be applied;
and to assure the right of tl'ial by
jury in criminal contempts only. The
amendment will not weaken the bill; in
fact. It will strengthen the proposed legislation
now before us, and at the same
time will preserve a fundamental human
rill!ht. In the words of the junior Senator
from Washington (Mr. JACKSON];
The right ot trial by jury, just as the
right to vote, Is one or our traditional civil
rights. And. like an civil rights, It Is designed
to shield the Individual from the potential
tyranny ot the state. We netd not
be so tearful for the future or voting rights
that we now endanger one civil rights to
guard another. The adoption or an appropriate
jury trial amendment Is essential It
we are to prevent a piecemeal assault on
the foundations or our legal system.
Mr. President, the Senate should not
put in jeopardy one civil right, the right
of trial bY jury, in an attempt to guard
and secure another civil right, the right
to vote. There is. and there must remain,
room for both under the Con<>titution
of the United States. I shall support
the jury-trial amendment.
STATEMENT BY TH~ LATE S~NATOR THOMAS J.
WALSH, OF MONTANA
Tbe•·e Is not an argument that can be
advanced or thought of In opposition to trial
by jury in contempt cases that Is not equally
au argument against the jury as we know
It • • •. Instead ot being an attack on tbe
court, the proposal to submit to trial by jury
alleged contempts not committed In the
presence ot the court Is a plan to restore to
the Federal court the contldence and good
will which the people ought to bear toward
them, but which. unfortunately. by a liberal
and sometimes Inconsiderate exercise ot the
power to Issue Injunctions and to punish as
for contempt, has, among certain classes ot
cltl:~:ens, been all but tortelted.
(From the New York Times ot Sunday, July
The essential difference between clvU and
criminal contempt lies In what the judge Is
trying to do-whether he Is seeking to force
obedience or punish disobedience. In civil
contempt the Intention Is remedial; in
criminal the Intention Is punitive.
Civil contempt, traditionally. Involves an
effort by a Judge to Induce compliance with
"" order he has Issued. The judge says, In
effect: "I have Issued an order. You are not
obeying lt. 1 am going to put you In jail
until you do obey lt." Lawyers often say
that In such a case the defendant "bas the
keys to the prison In his pocket.'' A typical
situation would arise If a judge Issued an
order preventing Interference with voting
rights and jailed a southern registrar who
tailed to register a Negro. The registrar
could bring his stay In jail to an end at any
time by deciding to comply with the order
by registering the Negro.
Criminal contempt Involves a move by the
judge to pul\lsh someone tor committing an
Irrevocable act or tor an attitude which In
the judge's opinion Is an affront to the dignity
or the court. The judge says, In effect:
"You have violated my order, and to punish
you I'm going to lock you up." In this
Instance the jail sentence Is tor a specific
period. and the defendant has no control
RIGHT OF JURY TRIAL
The question of whether a defendant In
a contempt case Is entitled to a jury trial Is,
as one lawyer said last week, "a contusing
subject." Civil contempt Is usually tried
without a jury. So, also, are many cases or
criminal contempt. Congress bas added to
the confusion by passing 28 statutes authorIzing
contempt trials without juries. But
It has also passed laws requiring jury trials
m contempt cases. This Issue Is the subject
or learned arguments among prominent lawyers.
• • • Says Senator O'MAHONEY:
The question which every Senator must
ask blmsetr when tbe time comes to vote
upon tbls measure Is whether he wants to
take away the right ot trial by Jury from
American citizens. not wbether be wants to
give It In circumstances where It does not
DEATH OF FORMER REPRESENTATIVE
Mr. JOHNSON of Texas. Mr. President.
an honorable career of public
service came to a close last Saturday
with the death of former Congressman
Nat Patton, of the Seventh Congressional
District of Texas.
Mr. Patton served 10 years in Congress,
ending January 3, 1945. Prior to
his congressional service, he had been a.
member of the Texas House of Representatives,
county judge of Houston
County, Tex., and a member of the Texas
Senate. He filled all these offices with
Nat Patton and I had offices near each
other when I was a Member of the House.
I knew him well. I respected his devotion
to duty. I knew him as a man whG
was an affectionate family man, a faithful
friend, a. loyal American.
He numbered his friends In the thousands.
To them he was always and
simply "Cousin Nat," a term that denoted
the affection in which they held
this self-made man from East Texas.
Nat Patton's two sons have carried
forward the tradition he established of
public service. Weldon Patton, of
Huntsville, Tex., is a former county judge
or Walker County. Nat Patton, Jr., of
Crockett, Tex., is now serving as county
attorney of Houston County.
Mr. Patton Is also survived by his
widow, Mrs. Patton, of Crockett, Tex.,
and two daughters, Bessie Louise, wife of
Joe Gus LeGQry, of Crockett, and Bon·
nie, wife of Clyde SmJth, of Washington,
Mr. President, I extend my heartfelt
sympathy Lo th~::;~: :;urviving member:> or
the Honorable Nat Patton, a man I was
privileged and proud to call my friend.
MESSAGE FROM THE HOUSE
A message from the House of Representatives,
by Mr. Bartlett, one of its
reading clerks, announced that the House
had passed the bill to amend
section 22 of the Interstate Commerce
Act, as amended, with an amendment, in
which It requested the concurrence of
The message also announced that the
House had passed the following bills and
joint resolutions, in which it requested
the concurrence of the Senate:
H. R. 1349. An act for the relief ot John J.
H. R. 1558. An act tor the relief ot Phillis
H. R. 1636. An act tor tbe relief or George
H. R. 1663. An act tor the relief or Dean E.
H. R. 1678. An act to provide tor the quitclaiming
of the title or the United States to
the real property known as the Barcelona
Lighthouse Site, Portland, N.Y.;
H. R. 1684. An act tor the rellet of William
H. R. 1827. An act tor the relief ot Annunziata
Gamblnl and Tomazo Gamblnl;
H. R. 2354. An act tor the relief or the estate
ot Leatha Horn;
Mike Mansfield Papers, Series 21, Box 39, Folder 5, Mansfield Library, University of Montana
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