EXPLOSIVES CONTROL THURSDAY, JULY 30, 1970 HOUSE OF REPRESENTATIVES, Washington, D.C. The subcommittee met, pursuant to adjournment, at 10:12 a.m., in room 2141, Rayburn House Office Building, Hon. Emanuel Celler (chairman of the full committee) presiding. Present: Representatives Celler (chairman), Rodino, McCulloch, McClory, and Hutchinson, and also present: Mr. Smith. Also present: Benjamin L. Zelenko, general counsel, and Franklin G. Polk, associate counsel. The CHAIRMAN. The committee will come to order. Mr. McCulloch? Mr. McCULLOCH. Mr. Chairman and my colleagues, I am particularly pleased to be here this morning because the first witness who will appear, who is in the room now, is William E. Minshall, of Cleveland, Cuyahoga County, Ohio. I have known Bill well for many years, Mr. Chairman. I am advised, although the ballot was secret, that he voted for me. as speaker of the Ohio House of Representatives. I might say I was elected and I might say the reason I concluded that he voted for me is that no opponent received any votes. He was a good legislator. Although he was exempt from Army service in World War II, he soon enlisted after we were attacked, as a private, and he was discharged as a lieutenant colonel, as I remember it. I was pleased when Bill told me that he was running for the U.S. House of Representatives. He was elected by an overwhelming vote. He has been coming back here every 2 years for all this time. He is not a Johnny-come-lately in his interest in the subject we are discussing this morning. As I recall, he introduced one of the first, if not the first, antibombing bills in this Congress. So I am particularly pleased that Bill is back with us this morning and will tell us the story of Cleveland, where our experience has not been the best. The CHAIRMAN. We are glad to have you, Mr. Minshall. STATEMENT OF HON. WILLIAM E. MINSHALL, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF OHIO Mr. MINSHALL. Thank you. Mr. Chairman and my good friend Mr. McCulloch, I want to thank Bill McCulloch for his most generous remarks. I certainly do not deserve them, but I am glad that he feels that way about me because I have always held him in the very highest of regard. His record in the Ohio Legislature has never been equalled. It was a peerless one. He served with great distinction as speaker of the Ohio House of Representatives. Of course, since he has been in Congress, you know of his outstanding record. Mr. Chairman, my remarks this morning are very brief. I believe you have a copy of them up there. But if you wish I can read them. It will take me less than 5 minutes. The CHAIRMAN. As you wish. Mr. MINSHALL. All right. Mr. Chairman, distinguished members of this great subcommittee, I appreciate the privilege of appearing here this morning as cosponsor-along with your ranking minority member and my fellow Ohioan and very good friend, Congresman McCulloch-of two important bills, H.R. 16699 and H.R. 18573. As you well know, H.R. 16699, calls for stronger punitive statutes for illegal use, transport or possession of explosives. H.R. 18573 provides checks on the procurement of explosives by establishing a system of licenses and permits. All manufacturers, importers, and dealers would be licensed by the Federal Government and all users dependent on interstate commerce would require federally issued permits. Persons under 21, drug addicts, mental defectives, fugitives from justies or persons indicted for or convicted of certain crimes could not lawfully acquire explosives under H.R. 18573. Both are excellent bills, with administration backing. I feel certain there is little controversy over the obvious need for more strict controls over sale of explosives, and more severe penalties for their illegal use, in view of the alarming escalation of crimes involving bombing. The latest figures available. submitted by Assistant Secretary of the Treasury Eugene T. Rossides July 15 to the Senate Permanent Subcommittee on Investigations. reveal that from January 1969 to April 1970, just 15 months, this country suffered a total of 4,330 bombings, an additional 1.475 attempted bombings, and a reported 35,129 threatened bombings. Of the actual bombings 975 were explosive. As Secretary Rossides said in his testimony : It is clear that the incendiary bomb, the molotov cocktail and the like have been chosen three-to-one over explosives. . . In our judgment, however, the incendiary bomb cannot be compared on an equal basis with the high explosive bomb. When an incendiary, such as a molotov cocktail, explodes, there is usualy ample time to evacuate the premises, and often sufficient time for the fire department to extinguish the blaze and limit the damage done. When a high explosive bomb is detonated, however, it is all over within seconds. Little can be done by the authorities to reduce casualties other than to knock down remaining walls which threaten to topple onto passersby in the streets. I think we can all agree that the explosive bomb presents a greater hazard to the public, and is capable of inducing greater terror and consternation among our people than the ordinary incendiary bomb. The Treasury survey revealed that during the 15-month period, bombings in the United States claimed 43 deaths and almost $22 million in property damage. At this point in the record, I would like to submit a recapitulation of bombings issued by the Department of the Treasury on the basis of statistics supplied by State and local law enforcement agencies. The CHAIRMAN. That is in the record already. Mr. MINSHALL. As has been pointed out, the United States is one of only a very few industrial nations without central government controls over sales of explosives. It is ironic that in the State of Ohio, for example, no one without an official permit can purchase fireworks with which to celebrate the Fourth of July. But anyone-any wouldbe terrorist, any militant, any disgruntled psychotic-can walk in off the sidewalk and buy explosives in Ohio without even having to show his identification. Just such a tragic event occurred last February in Shaker Heights, Ohio, when a young man, mentally unbalanced, was responsible for an explosion which killed him, injured 15 others, and caused damages estimated as high as $2 million to the Shaker Heights police station and city hall. The station was totally demolished, as these photographs reveal. I will leave those with the committee. How anyone escaped death is nothing short of a miracle. Later, investigators discovered that the young man had 60 pounds of TNT in his automobile. He had had no difficulty making his purchase from a nearby explosives manufacturer. In concluding my testimony urging your prompt and favorable consideration of the two important bills, H.R. 16699 and H.R. 18573, I would like to insert in the record the following editorial, broadcast July 20 and 21 by WKYC-TV in Cleveland. It underscores the urgency for congressional action this year. Thank you, Mr. Chairman, for your consideration. The CHAIRMAN. You believe, therefore, that we should federally regulate transportation, manufacturing, and shipments of all sorts of explosives? Mr. MINSHALL. I certainly do, by all means, Mr. Chairman. Mr. McCULLOCH. Mr. Minshall, do you have any knowledge of the feelings of Cuyahoga County residents regarding this type of legislation? Mr. MINSHALL. I think the editorial that I referred to typifies the feeling of citizens throughout the greater Cleveland area and I think for the most part throughout the country. People have had enough of this terrorism, bombings, violence. They want some kind of immediate controls on it. I think this is part of the answer. Mr. McCULLOCH. As I recall, you introduced antibombing legislation months ago. Have you had much, if any, criticism of that legislation? Mr. MINSHALL. None at all, Mr. McCulloch. As a matter of fact, that legislation was prepared in rather some haste and it is far from being perfect legislation. I would much prefer to see the legislation before this subcommittee now enacted into law. Mr. McCULLOCH. Have you had any criticism from contractors or from those one would identify as responsible users of explosives concerning these two bills which you have mentioned? Mr. MINSHALL. None at all. Quite to the contrary, I have even talked to some of the explosive manufacturers in Ohio and they have no objection to this legislation. Mr. McCULLOCH. Thank you. Mr. CHAIRMAN. Mr. Minshall, would you go further, as some witnesses have testified before us, to compel the explosives user to have a permit? Mr. MINSHALL. I would think users, it is a possibility, if it were adequately controlled without hampering the rights of people, I think we should have some kind of a user's permit. The CHAIRMAN. You would go as far as that? Mr. MINSHALL. I think I would, yes, Mr. Chairman. The CHAIRMAN. Mr. Polk? Mr. POLK. Mr. Minshall, would you advocate that the Federal Government require that the purchaser of dynamite have a license or do you feel that the State government is the one that should license the individual? Mr. MINSHALL. I think both. The Federal Government should work in this direction. Of course, as you well know, there are 32 States in this country that have no legislation at all governing the purchase of dynamite. I think the states should take action, but I also think it is the responsibility of the Federal Government to move in that direction. Mr. POLK. Thank you. The CHAIRMAN. Mr. Hutchinson? Mr. HUTCHINSON. Thank you, Mr. Chairman. I have no questions to put to Mr. Minshall, I appreciate very much his coming and testifying before the committee at this time. I am sure his contribution has been very worthwhile. We are delighted to have you here. Mr. MINSHALL. Thank you, Mr. Hutchinson. The CHAIRMAN. Thank you very much, Mr. Minshall. We appreciate your coming and giving us your views on this very important matter. Mr. MINSHALL. Thank you. The CHAIRMAN. Our next witness is our distinguished colleague from Colorado, the Honorable Donald E. Brotzman. STATEMENT OF HON. DONALD E. BROTZMAN, A U.S. REPRESENTATIVE IN CONGRESS FROM THE STATE OF COLORADO Mr. BROTZMAN. Thank you very much, Mr. Chairman, and my good friend and colleague, Mr. McCulloch. I do have written testimony which I will paraphrase if I may to save the committee's time. I want to say, Mr. Chairman, that I have introduced legislation on this subject, H.R. 16525. This bill is one that I did introduce prior to the statement by the President on this particular subject. My legislation basically goes to the subject of penalties and is amendatory of title 18, section 837, calling for more severe penalties under that existing statute. It is not as comprehensive as some of the bills that you are considering, as I understand the testimony by Mr. Minshall and others. I think that the outbreak of bombings throughout the land has been alarming. Insidious individuals and groups have realized they have the power to paralyze the daily activities of countless persons and businesses and the Government by senseless bombings. Under our Federal system of jurisprudence, the main responsibility for punishing these offenders does rest with the separate States. |