We know at the front lines when a soldier falls, another steps forward. It should be the same with the Members of the House of Representatives. In case of a nuclear attack and any casualties among the Congressmen, there should be others to step forward to continue our American form of government. I thank you. Mr. LANE. Are there any questions now of Mr. Eddy or Mr. Wilde? If not, I thank both of you for your presence here this morning. You have been very, very helpful to the committee. Mr. EDDY. Thank you, Congressman Lane. Mr. WILDE. Thank you. Mr. LANE. Now I wish to announce that we have here for the record statements submitted by the Veterans of Foreign Wars of the United States, statement of Mr. Francis W. Stover, director of national legislative service; and also a statement by the American Municipal Association in the way of a letter from Mr. Don Hummel, president, mayor of Tucson, Ariz. The committee has also received communications in support of the proposed measures from the American Legion Auxiliary, a letter from Mrs. Henry Ahnemiller,, national president; Grand Aerie Fraternal Order of Eagles, telegram from Mr. Paul N. Hoffman, grand worthy president of that fine organization; the Military Order of the World Wars, letter from Mr. George Reith, rear admiral, U.S. Navy Reserve, retired, as secretary general; the Disabled American Veterans, telegram from Mr. William O. Cooper, national commander; the Jewish War Veterans of the U.S.A. telegram from Mr. Theodore Brooks, national commander of that organization; a letter from Mr. John Shannon, national commander of the Regular Veterans Association of the United States; a letter from Mr. R. R. Rembolt, medical doctor, who is president of the Optimist International; and also a telegram from Mr. Thomas F. Stack, president of the Air Force Association. Are there any further witnesses in the hearing room that are desirous of testifying here this morning in behalf of these four bills that are before us for consideration? If not, are there any witnesses in the room who are desirous of testifying against any of these bills? If not, then I declare the hearing closed on the bills that have been scheduled for hearing this morning. I thank you all for your presence. The committee will go into executive session. (Whereupon, at 11:30 a.m., the subcommittee went into executive session.) (The following written statements and communications were submitted for inclusion in the record:) STATEMENT OF FRANCIS W. STOVER, DIRECTOR, NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN WARS OF THE UNITED STATES Mr. Chairman and members of the subcommittee, I deeply appreciate the opportunity to appear here this date to present the views of the Veterans of Foreign Wars of the United States with respect to this most important legislation. For the record, my name is Francis W. Stover. I am the national legislative director of the VFW. The Veterans of Foreign Wars has a membership of 1,300,000 veterans who served overseas and in hostile waters during wartime. The security of this Nation and the continuing governmental operations has always been accorded the highest priority by the VFW. The VFW are well aware that the advances in science may bring an attack to the shores of our Nation. It may not necessarily be an attack of land forces or a standard military invasion. The attack will probably be a nuclear type of attack with devastating effect on certain priority targets in our country. It may very well strike in the heart of our governmental operations. It is because of this threat that the VFW supports an amendment which will provide for the continuity of government in case of a catastrophe. The following resolution was adopted at the 61st Annual Convention of the Veterans of Foreign Wars of the United States held in Detroit, Mich., August 1960: "RESOLUTION No. 263-IN SUPPORT OF CONTINUITY OF GOVERNMENT "Whereas the establishment of emergency lines of succession of Government officials, in all three branches at all levels, is the initial step for assuring perpetuation of our democratic form of government; and "Whereas the preservation of essential records is necessary for the preservation of private rights and continued operation of government; and "Whereas the creation of emergency operating centers for government is essential for continuing operation of government in emergency; and "Whereas government must make full use of all its resources-personnel, facilities, and equipment, augmented by nongovernment volunteer auxiliaries as needed: Now, therefore, be it "Resolved, by the 61st National Convention of the Veterans of Foreign Wars of the United States, That we reaffirm our support of the Government program to preserve our civil government in case of a nuclear attack or similar catastrophe; and be it further Resolved, That the Veterans of Foreign Wars urge VFW departments to adopt the necessary State and local legislation to implement this program." The VFW realize that it is necessary to insure leadership and authority in the three branches of our Government. The continuity of government will minimize the danger of unlawful assumption of authority and assure that government will function effectively in an emergency with proper representation. The VFW, in conjunction with Resolution No. 263, have in the past through their departments supported and made their intentions known to the numerous State governments who have ratified amendments so that the State governments can, in case of emergency, provide for the proper representation for the continuance of State and local governmental functions. The resolution endorses the establishment of succession of Federal Government officials in all three branches at all three levels. We understand that the executive branch and the Senate have means for immediate replacement, but under the Constitution, Members of the House of Representatives have to be chosen by election. It may be impossible to hold elections in sufficient time to enable the House of Representatives to function as a representative body. Therefore, the VFW respectfully request that this committee act favorably on proper legislation which would provide for an effective method of appointments which will guarantee the continuity of government in case of nuclear attack or similar catastrophe. Again may I extend my deep appreciation and thanks in behalf of the Veterans of Foreign Wars for the opportunity to present our views concerning this legislation. Chairman THOMAS J. LANE, House Judiciary Subcommittee No. 2, THE AMERICAN LEGION, NATIONAL SECURITY COMMISSION, Washington, D.C., August 23, 1961. House of Representatives, Washington, D.C. DEAR CHAIRMAN LANE: The subject matter of the four resolutions considered by the House Judiciary Subcommittee No. 2 on August 23 are of great interest to the American Legion, as indeed they should be to all of our citizens. In these days of grave international tensions, the need for a constitutional amendment as presented in House Joint Resolutions 29, 74, 308, and 91, becomes all too clear. The development of long-range ICBM's with nuclear warheads presents the very real possibility that a considerable number of Members of the House of Representatives could be lost in initial attack upon the United States. Yet the means of replacing these Members so that all States can be represented and the orderly functioning of this body continued dictates that corrective action be taken now. The American Legion lends its wholehearted support to the adoption of the principle contained in these separate bills, although we do not consider ourselves sufficiently expert to determine the percentage of casualties among Members of the House of Representatives in order to place the provisions of these bills in force. Rather the American Legion would look to the Members of the House of Representatives to determine the basis upon which the provisions of these resolutions would operate. As evidence of our sincerity of purpose, I cite our work over the past 2 years in cooperation with the Office of Civil and Defense Mobilization in supporting the enactment of continuity-of-government amendments at the State level. It appears only prudent to take these necessary steps in time of relative peace to guarantee the functioning of the House of Representatives in time of national emergency. May I respectfully request that this letter be made an official part of the hearings. Sincerely, JAMES R. WILSON, Jr., Director. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, AMERICAN LEGION AUXILIARY, Indianapolis, Ind., August 16, 1961. DEAR MR. CELLER: As national president of the American Legion Auxiliary, and speaking also for nearly 1 million women, I wish to state that we wholeheartedly support a constitutional amendment providing for continuity of government which would permit automatic succession in the House in a national disaster. Our organization, always vitally interested in sound government, strongly urges passage of an enabling amendment and we hope that the subcommittee that is about to consider this matter will give it favorable action. Sincerely yours, Mrs. HENRY AHNEMILLER, National President. AMERICAN MUNICIPAL ASSOCIATION, Hon. THOMAS J. LANE, Chairman, Subcommittee No. 2, Judiciary Committee, DEAR CONGRESSMAN LANE: We have been informed that your subcommittee will hold hearings starting August 23 on four resolutions to amend the Constitution of the United States. These would provide a method of filling vacancies in the House of Representatives caused by acts of violence during a national emergency or national disaster such as a nuclear attack on this country. The American Municipal Association, which represents nearly 13,500 municipal governments throughout the United States, has gone on record in support of a comprehensive policy directed toward increasing capabilities of State and local governments to function during an emergency "by the establishment of lines of succession in depth for the executive, legislative, and judicial branches." While this official statement of policy of our association relates only to State and local governments, it logically follows that we support a similar program for the National Government. Continuity of Government in case of a nuclear attack is basic to the preservation of our form of representative civil government and our way of life. It is quite possible, in case of enemy attack, that large numbers of the Members of the Senate and House of Representatives would become casualties. Although the 17th amendment to the U.S. Constitution presently assures the continuity of the U.S. Senate by vesting the power of ap pointment in case of vacancy in the executive authority of the States, as you well know, the only method of filling a vacancy in the House of Representatives is by election of the people as prescribed in article I, section 2, of the Constitution. Under conditions of nuclear attack it is highly possible that it would be impracticable for some extended period of time to conduct elections to fill vacancies in the House of Representatives. It is essential that during such period of emergency both the Senate and the House be in a position to continue to function. We commend your committee for scheduling hearings on this matter and will support such proposal as your committee might recommend to the Congress as a result of its studies. Sincerely yours, DON HUMMEL, President, Mayor of Tucson. MILITARY ORDER OF THE WORLD WARS, Hon. THOMAS J. LANE, Chairman, Subcommittee No. 2, Judiciary Committee, DEAR MR. CHAIRMAN: Having been informed by the Office of Civil Defense that several bills concerning continuity in Government will be heard on August 23, 1961, it is the purpose of this letter to reaffirm the support of the Military Order of the World Wars of the principle of continuity in Government. With this in mind, enclosed herewith are three copies of a memorandum sent to our national officers and chapter officers under date of May 17, 1960, and a copy of our June 1960 National Bulletin on page 3 of which is a special report on continuity in Government. Sincerely yours, GEORGE REITH, To: All national and chapter officers. We have discussed the overall campaign with civil defense officials in Washington, D.C., and they have indicated that there will be aids such as literature, exhibits, speeches, and radio-TV spot announcements available in the near future. A civil defense official will call on you to discuss the campaign in your State. Your part in this campaign might include such things as a letter to your local units similar to this one, articles in State publications, distribution of lterature, speakers at local meetings, the use of exhibits, and the adoption of appropriate resolutions. Your support of this program will be an invaluable service to your State and the Nation. States submitting continuity of government constitutional amendments to the voters on November 8, 1960: Idaho, Kansas, Maine, Maryland, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, Oregon, South Carolina, South Dakota, Utah, and West Virginia. Sincerely yours, GEORGE REITH, Rear Admiral, U.S. Naval Reserve, Retired, Hon. THOMAS J. LANE, OPTIMIST INTERNATIONAL, Chairman, Subcommittee, No. 2, Judiciary Committee, House of Representatives, Washington, D.C. DEAR MR. LANE: It has been called to my attention that your committee will be hearing testimony Wednesday morning, August 23, on the proposed legislation supporting amendments to the Constitution regarding continuity of government for the House of Representatives. Optimist International is a strong advocate of the continuity of government phase of the civil defense program, and on behalf of 2,000 Optimist clubs, I urge your committee to give favorable consideration to this proposed legislation. Sincerely, R. R. REMBOLT, M.D., President. REGULAR VETERANS ASSOCIATION OF THE UNITED STATES, Hon. THOMAS J. LANE, DEAR CONGRESSMAN LANE: Information has come to me that your committee will hold hearings tomorrow on an amendment to the Constitution of the United States which will assure the continuity of the House of Representatives in times of extreme emergency. In view of the extremely dangerous and explosive condition of the world today, we believe that the proposed amendment is one of the most important pieces of legislation now before the Congress of the United States, if indeed it is not basically the most important! The Regular Veterans Association of the United States supports, without qualification, this amendment to the Constitution. We urge its enactment without delay. The 25th national convention of this association, which convened in Reno, Nev., this month, unanimously urged this action in the following resolution: "Whereas the U.S. House of Representatives is a fundamental element of our form of government; and "Whereas in the event of a nuclear type of attack on our country, a substantial number of casualties in the House of Representatives could result; and "Whereas article I, section 2, of the U.S. Constitution limits the filling of vacancies to election by the people; and "Whereas it may be impossible after such an attack to hold elections promptly: Now, therefore, be it "Resolved, That the Regular Veterans Association of the United States urges and supports without qualification an amendment to the Constitution of the United States which will assure the continuity of the House of Representatives in times of extreme emergency." Since previous commitments in San Francisco make it impossible for me to be present at the hearing scheduled by your committee, it will be highly appreciated if you will make this statement a part of the hearing records. Thank you very much for your courtesy. Sincerely, JOHN SHANNON, National Commander. WASHINGTON, D.C., August 21, 1961. Hon. THOMAS J. LANE, Chairman, Subcommittee 2, House Committee on the Judiciary, The Jewish War Veterans of the U.S.A. in national convention assembled, resolved to support the continuity of government. We hereby signify our support of bills now pending to provide for amendment to the U.S. Constitution to insure continuity of the House of Representatives. THEODORE BROOKS, National Commander, Jewish War Veterans of the U.S.A. |