Plenary Session Transcripts

Governors Attending:

Guests:

Discussion Subjects:

Report of trip to Japan; workshops on highway safety, state planning and urban-regional development, old and new state problems, welfare administration, transportation problems, and relinquishment of federal income taxes for educational purposes; reports of the Committee on Juvenile Delinquency and the Advisory Committee on the National Guard; and an address by President Kennedy titled “A Declaration of Interdependence”

Points of Interest:

In the aftermath of the Supreme Court's decision against the Board of Regents' development of a school prayer for New York, Governors discussed and adopted a resolution urging a constitutional amendment acknowledging our nation's faith in God and permitting the free and voluntary participation in prayer in public schools.

Civil rights was a contentious subject of discussion and a subject with respect to which Republicans took the progressive lead. It began with the introduction of a motion by Democratic Governor William Guy of North Dakota to dissolve the Resolutions Committee At this time, Democrats held a large majority among Governors [roughly 70 percent] and the Resolutions Committee was made up of 5 Democrats and 4 Republicans. Governor Guy argued that there was simply insufficient time to give fair consideration to the many resolutions that arose. But other Governors—Republican Nelson Rockefeller of New York among them—implied that Governor Guy's intentions notwithstanding, dissolution of the Resolutions Committee would have the desired effect for some of blocking consideration of controversial issues such as civil rights that many Governors felt were important to discuss.

Because it would have constituted an amendment to the organization's rules, Governor Guy's motion required a three-fourths vote for passage, which it failed to achieve. After that, a motion offered by Republican Governor John Reed of Maine was adopted to refer the question of resolutions to the Executive Committee for study and exploration.

Governors then discussed civil rights, a discussion that the Chairman of the Conference—Governor Republican Governor Wesley Powell of New Hampshire—sought to maneuver to prevent adoption of any resolution that would offend the South, the majority of whose Governors were Democrats. The debate became sufficiently heated that several recesses were required. It began when Governor Reed offered a resolution affirming the Governors' concern for human rights, a very general resolution that did not address civil rights problems in the U.S. specifically. Democratic Governor John Swainson of Michigan then spoke of his fervent belief in fair employment practices and his desire for a more specific resolution in support of civil rights. He said: "While even one man, woman or child of any race, creed, color or national origin remains shackled by bonds of inequality in our country, we are not performing what our forefathers intended." Governor Rockefeller, along with Governors Elmer Andersen of Minnesota and Mark Hatfield of Oregon—all three Republicans—offered a resolution that read in part: "...the...Governors' Conference asserts its fundamental belief in and support of basic human rights, including: (1) The right of every individual regardless of race, creed or color, sex or region of origin, to equality of opportunity in housing, employment, public accommodations, and education; and (2) The right to vote, as determined by the states, subject only to federal intervention if state action arbitrarily and capriciously excludes from voting those who have the knowledge to participate in the electoral processes and understanding...we, as Governors, do hereby solemnly pledge ourselves affirmatively and positively to seek to translate the cherished American values of human dignity, individual freedom, and equality of opportunity into fuller reality within our respective states, and to do this by executive action where possible, through laws adopted by the state Legislatures where necessary, and by fully utilizing in the arena of public opinion the leadership responsibility inherent in the office of Governor..."

Democratic Governor S. Ernest Vandiver of Georgia moved to table the proposed resolution, but his motion failed. GovernorSwainson then offered a substitute to the Republican resolution that read in part: "Now, therefore, be it resolved...that the Governors of the United States support the following seven point program of equality for all persons in our nation: (1) Equality of access to the ballot; (2)Equality of access to public office; (3) Equality of justice and protection under law; (4) Equality of opportunity in employment; (5) Equality of opportunity in education; (6) Equality of opportunity in housing; and (7)Equality of access to public facilities and accommodations...[and] the Governors...endorse the following specific steps: (1) Commend the President of the United States for issuing Executive Order No. 10925 prohibiting discrimination in the federal government and among those doing business with the federal government; (2) Commend the President of the United States for indicating his intention to issue, at an appropriate time, an executive order prohibiting discrimination in publicly-supported housing...(3) Recognize the Supreme Court Decision of 1954 calling for desegregation of the public schools of our nation as the supreme law of the land and work toward its orderly acceptance; and (4)Encourage those states with agencies to insure fair employment practices to strengthen their agencies and to encourage those states without such agencies to seek their creation." The Chair considered this an amendment to Governor Rockefeller's resolution rather than a substitute. A motion to table it failed and discussion proceeded.

Governor Hatfield offered yet another amendment that read: "Now, therefore, be it resolved that we affirm the right of every individual regardless of race, religion or creed to equality of opportunity in housing, employment, public accommodations, and education as established by our national Constitution." His amendment and others to postpone consideration of the issue altogether were considered. As debate progressed, Democratic Governor Ernest Hollings of South Carolina began to engage in a filibuster. Among the things he said was: "I am convinced that if the amendment prevails, we are going to put in jeopardy the future attendance of certain Governors at this Conference, because our section of America has not come along, as the expression goes, as fast as other sections."

After the second recess, Democratic Governor David Lawrence of Pennsylvania offered the idea of making all of the amendments available for signature by individual Governors. Although particularly Governors Andersen, Hatfield, and Rockefeller objected, a motion was offered to indefinitely postpone the consideration of their resolutions and the original one that had been offered and instead permit Governors to sign them individually. The Lawrence plan was adopted by a vote of 32 yeas to 8 nays.

One resolution that failed would have endorsed a program of medical care for the aged based on a contributory system of Social Security but with an option preserving an individual's freedom to choose comparable private health insurance.

The Japanese Ambassador to the U.S. spoke of the need to break down U.S. protectionist barriers against Japanese imports. He noted the threat that the Sino-Soviet bloc wanted to see a communist Japan.

President Kennedy spoke to the Governors at Independence Hall in Philadelphia about the interdependence of governments and nations.

Memorable Quotes:

With regard to elimination of the Resolutions Committee, Democratic Governor Frank Morrison of Nebraska said: "...I can see many dangers involved in pursuing this business of resolutions on every conceivable subject. Our nation grew strong as a federation of states...We divert much of our attention at these meetings in the discussion of matters that are largely national legislative policies. As I gather it, the function of this Conference is to improve our knowledge, our capacity and our ability in the administrative field of state government through an interchange of ideas on these problems which we are confronted with at the state level."

Democratic Governor Michael DiSalle of Ohio said: "Many Governors are placed in the position of voting on resolutions in a form which is considerably modified from the position which they have taken in their own states. For example, in Ohio we have a Civil Rights Commission. We have Fair Employment Practices legislation. Yet, at a conference of this kind, we no doubt would come out with some sort of watered-down civil rights resolution that is supposed to be weak enough to permit the Southern Governors to go home safely and the Northern Governors to go home with at least a face-saving device...it doesn't necessarily express the individual preference of each of the Governors...the idea of a conference of this kind being divided by resolutions in which we are attempting to effect compromises, which really are not compromises, I think is a demeaning exercise. This Conference, if it was established for the purpose of assisting each of us to better serve state government, ought to be devoted to the study of state problems."

On the other hand, Republican Governor Nelson Rockefeller of New York said: "To discuss an issue and to express an opinion on it does not mean that you are a legislative body. We have no legislative authority. We have no legislative power of action and, therefore, we are doing as any other group is doing in a democratic society that meets. We are discussing the issues and passing resolutions. I think people in this country are entitled to know what Governors think." He went on to say: "I would like to refer back to a statement made by Governor [Edmund] Brown [Democrat of California] that he was anxious to see discussed the subjects of civil rights and medical care and they had not come before this body. I think it is a reasonable, mature body, and I think we ought to recognize, frankly, that one of the reasons they have not come before the body is because of the very kind of motion we are discussing now which, in my opinion, has been introduced to delay discussion and, if possible, to avoid discussion of these matters which are of major national importance. In my opinion the Governors have a responsibility to the people of this country not only to discuss these subjects but also to take positions on them."

With respect to the question of civil rights and the adoption of a resolution concerning the subject, Governor Ernest Hollings of South Carolina said: "...in our section of the country there is a difference [of opinion] and it is an honest difference. It is not a difference that says that we do not believe in our Constitution and Declaration of Independence. But it is a realistic difference cognizant of the fact of life and background. So, it is in this Conference that we have a gentlemen's agreement that we do not even broach this subject. Our agreement not to vote on the subject is not because we are afraid of it. One of the oldest housing projects in the United States is in the city of Charleston...[Negroes] are still living there and they are still happy. And they live in harmony but they live separately and they are living equally."

President John F. Kennedy, speaking on July 4 at Independence Hall, Philadelphia, of U.S. interdependence with other nations of the world, said: "...I will say here and now on this Day of Independence that the United States will be ready for a Declaration of Interdependence—that we will be prepared to discuss with a United Europe the ways and means of forming a concrete Atlantic Partnership—a mutually beneficial partnership between the new union now emerging in Europe and the old American Union founded here 175 years ago...Acting on our own by ourselves, we cannot establish justice throughout the world. We cannot insure its domestic tranquility, or provide for its common defense, or promote its general welfare, or secure the blessings of liberty to ourselves and our posterity. But joined with other free nations, we can do all this and more. We can assist the developing nations to throw off the yoke of poverty. We can balance our worldwide trade and payments at the highest possible level of growth. We can mount a deterrent powerful enough to deter any aggression and ultimately we can help achieve a world of law and free choice, banishing the world of war and coercion."

Selected Resolutions Adopted:
(1) Urging state consideration of recommendations of the association's Committee on Juvenile Delinquency; (2) supporting continuation of exchange visits with Japan; (3) establishing a Committee on Public Health; (3) urging states to provide leadership and assistance with respect to governmental structure, finance, and planning in metropolitan areas and to consider recommendations of the Advisory Committee on Intergovernmental Relations to revise laws and administrative arrangements to facilitate the orderly growth of urban and metropolitan areas; (4)urging states to prepare long-range plans for the development of outdoor recreation opportunities; (5) urging states to develop comprehensive plans to cope with mental disability and to promote mental health; (6) urging states and the federal government to stimulate the continued growth of the performing and fine arts; (7)urging states to ratify the Vehicle Equipment Safety Compact authorized by federal law and to accelerate efforts to develop and adopt uniform standards for improved automotive safety equipment; (8) urging a federal-state review of the Interstate Highway System to ascertain that, upon completion, it would fulfill the purposes for which it was constructed; (9) urging Governors and state legislatures to act on reports by the Committee on State Planning with respect to use of public lands, transportation, water resources, open space for recreation and metropolitan expansion; (10) urging states to adopt legislation to enable Governors to enter into agreements with the Atomic Energy Commission regarding assumption by states of jurisdiction with respect to source materials, byproduct materials, and special nuclear materials; (11) authorizing the association's Committee on State-Federal Relations to take steps to oppose—on the Governors' Conference's behalf—any federal legislation imposing restrictions on the powers of the states to tax, and urging states with income tax laws to consider enacting the three-factor formula proposed by the National Conference of Commissioners on Uniform State Laws [the factors being proportion of property owned, payroll paid, and receipts generated in a state by a company relative to its total of the three in all states] so as to achieve a greater degree of uniformity in state income tax laws; (12) requesting a change in federal requirements for state participation in federal-state programs such that qualification be based solely on review of state law and its conformity with federal standards, rather than being based on administrative plans; (13) requesting that the Council of State Governments (CSG) look into the feasibility of maintaining a service that would study proposed federal legislation or regulation and its probable impact on states; (14) urging Congress to enact legislation authorizing the transfer to states of exclusive legislative jurisdiction now exercised by the federal government over lands and properties where the retention of exclusive jurisdiction was not required in the national interest; (15) urging the President and Congress to amend the Internal Revenue Code to provide maximum incentives for new industrial investment; (16) adopting the report of the Committee on Civil Defense and urging enactment by Congress of the proposed Federal Shelter Initiative; (17) urging states to consider federal legislation to provide loans and grants for capital construction or reconstruction of facilities or equipment for urban mass transit, the aid being conditioned on the consistency of highway projects with comprehensive development plans for the areas in question; (18) urging the President and Congress to relinquish to each state an additional five percent of individual income tax collected within that state for the purpose of education and other programs that were subjects of federal educational contribution; (19) urging congressional consideration of legislation to subject all future grants-in-aid to review at five-year intervals to determine whether they should be continued and/or modified; (20) urging states to fix at 21 the minimum age at which beer and liquor could be purchased by drivers; (21) urging development and implementation of international trade arrangements with respect to cotton, wool, synthetic, and silk fiber textile productions, with due regard for the impact on American industry and agriculture; (22) urging Congress to limit withdrawals of public lands for single-purpose use wherever such lands had potential values for multiple use; (23) urging Congress to propose a constitutional amendment that would make clear the acknowledgement of the U.S. and its people of their faith in God and permit the free and voluntary participation in prayer in public schools; (24) instructing CSG to study the problem of preventing the interstate spread of insect pests and plant diseases and urging the federal government to accept responsibility for the spread of such insects and disease on public lands; (25) urging that states join together to help find more jobs and homes for Cuban refugees outside of Miami and assist in their resettlement; (26) urging maintenance of the strength of the National Guard; and (27) resolving that any proposals for increased state-federal coordination in the field of water resources protect the interest, rights, and laws of states, and authorizing the Governors' Conference Committee on Federal-State Relations to support the efforts of the Interstate Conference on Water Problems to ensure that any federal water resource legislation protect states' rights and laws as well as interstate compacts.

Presidential Addresses: